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In
Anglo-Saxon law Anglo-Saxon law (Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medi ...
, an exclusive right, or exclusivity, is a de facto, non-tangible
prerogative In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boun ...
existing in law (that is, the
power Power most often refers to: * Power (physics) In physics, power is the amount of energy In , energy is the that must be to a or to perform on the body, or to it. Energy is a ; the law of states that energy can be in form, bu ...
or, in a wider sense,
right Rights are legal Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is desc ...

right
) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of
monopoly A monopoly (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approxi ...

monopoly
. Exclusive rights can be established by law or by contractual
obligation An obligation is a course of action that someone is required to take, whether legal Law is a system A system is a group of interacting Interaction is a kind of action that occurs as two or more objects have an effect upon one anothe ...
, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in
property law Property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to , alter, , , ...
,
copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyrig ...
,
patent law A patent is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depe ...
, in relation to
public utilities A public utility company (usually just utility) is an organization that maintains the infrastructure Infrastructure is the set of fundamental facilities and systems that support the sustainable functionality of households and firms. Serving a ...
, or, in some jurisdictions, in other ''
sui generis ''Sui generis'' ( , ) is a Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the ...
'' legislation. Many scholars argue that such rights form the basis for the concepts of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
and
ownership Ownership is the state or fact of exclusive right In Anglo-Saxon law Anglo-Saxon law (Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language English is a West Germanic languages, West Germ ...
. Privately granted rights, created by
contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview ...

contract
, may occasionally appear very similar to exclusive rights, but are only enforceable against the grantee, and not the world at large.


Types of exclusive rights


Property

In relation to
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
, an exclusive right will, for the most part, arise when something tangible is acquired; as a result, others are prevented from exercising control of that thing. For example, a person may prohibit others from entering and using their
land Land is the solid surface of Earth that is not permanently submerged in water. Most but not all land is situated at elevations above sea level (variable over geologic time frames) and consists mainly of Earth's crust, crustal components such a ...
, or from taking their personal possessions. However, an exclusive right is not necessarily absolute, as an
easement An easement is a Nonpossessory interest in land, nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another ...
may allow a certain level of public access to private land.


Intellectual property

Most
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

government
s recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the
umbrella term In linguistics Linguistics is the scientific study of language, meaning that it is a comprehensive, systematic, objective, and precise study of language. Linguistics encompasses the analysis of every aspect of language, as well as the m ...
"
intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner o ...
."


History and arguments

In Anglo-Saxon property law, exclusive rights have often been the codification of pre-existing
social norm Social norms are shared standards of acceptable Acceptability is the characteristic of a thing being subject to acceptance for some purpose. A thing is acceptable if it is sufficient to serve the purpose for which it is provided, even if it is f ...
s with regard to land or chattels. In
continental Europe Continental Europe or mainland Europe is the contiguous continent A continent is any of several large landmass A landmass, or land mass, is a large region In geography Geography (from Greek: , ''geographia'', lite ...

continental Europe
there is a view that copyrights, patents, and the like are the codification of some kind of moral right,
natural right Natural rights and legal rights are the two basic types of rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights, fundamental'' an ...
, or personality right. However, such arguments can only be consistently justified through
instrumentalism In philosophy of science and in epistemology Epistemology (; ) is the Outline of philosophy, branch of philosophy concerned with knowledge. Epistemologists study the nature, origin, and scope of knowledge, epistemic Justification (epistemolog ...
or
consequentialism Consequentialism is a class of normative Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good or desirable or permissible and others as ba ...
, as exemplified by the reasoning inferred in
Article One of the United States Constitution Article One of the United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, deline ...
that copyrights and patents exist solely "To promote the Progress of Science and useful Arts."


See also

*
Moral rights Moral rights are rights Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise defin ...
*
Natural and legal rights Natural rights and legal rights are two types of rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights, fundamental'' and ''inali ...
{{DEFAULTSORT:Exclusive Right Common law Rights