Quasi-property
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Quasi-property is a legal concept, in which some rights similar to
ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...
may accrue to a party who does an act which benefits
society A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. ...
as a whole. Black's Law Dictionary defines "quasi" as being "almost" or "resembling" - but not actually the same as the suffix item.


Examples

A notable and early occurrence of quasi-property being found by a
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
under
American law The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...
was the case of
International News Service v. Associated Press ''International News Service v. Associated Press'', 248 U.S. 215 (1918), also known as ''INS v. AP'' or simply the ''INS'' case, is a 1918 decision of the Supreme Court of the United States, United States Supreme Court that enunciated the misappro ...
. The
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
sued
International News Service The International News Service (INS) was a U.S.-based news agency (newswire) founded by newspaper publisher William Randolph Hearst in 1909.
for taking the substance of AP
news News is information about current events. This may be provided through many different Media (communication), media: word of mouth, printing, Mail, postal systems, broadcasting, Telecommunications, electronic communication, or through the te ...
stories, rewriting the articles, and publishing the stories in its own member
newspapers A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as poli ...
. This activity did not violate
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
law because the original AP articles were not copyrighted, and also because the subsequent INS articles copied only the facts— using different language to report the story. Nonetheless, the Court recognized an interest in the news distributor of information they had researched and gathered. A traditional property right would have granted the AP a right to exclude others from the content of their news stories good for all time and against everyone. The court described this new right as ''quasi''-property because it only granted them the power to exclude their competitors for a limited amount of time from the substance of their articles. The
general public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Ă–ffentlichkei ...
had free rein to distribute the subject matter of the news without restriction. Creation of the new right was justified as protecting the AP from the "unfair competition" of a party who was reproducing the information and attempting to
profit Profit may refer to: Business and law * Profit (accounting), the difference between the purchase price and the costs of bringing to market * Profit (economics), normal profit and economic profit * Profit (real property), a nonpossessory inter ...
by distributing it faster than the creator.


References


See also

*
Life estate In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death, when the property rights may rever ...
*
Property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...
* Quasi-contract *
Quasi-criminal Quasi-criminal means a lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a common law or a civil law jurisdiction. It refers to "a court's right to punish for actions or ...
*
Status offense A status offense is an action that is prohibited only to a certain class of people, and most often applied only to crimes committed by minors. In the United States, the term status offense also refers to an offense such as a traffic violation ...
*
Trust (law) A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...
Property law {{US-law-stub