Right to use
The right to use is the legitimate right to use somebody's property without necessity of acquire ownership of it. This means that one person gets from the other one a permission to use something as it is his own without ownership share for a specified period of time. One of the most common examples of employing this right in practice is lease.
"The concept of right to use is like joining a country club. To be a member, a person has to pay a membership fee and then pay dues to continue their membership, and for this, they have the right to use the facilities. However they have nothing in the country club goes bankrupt; they have no legal rights." (T. J. Kaufman, C. Lashley, L. A. Schreier 2009, p. 90-91)
Except for right to use somebody's property, members of society also have rights to use the common welfare. In this case we can refer to several kinds of right to use. The individuals can use public goods with no property right and without any official permission (such as children can use playground or amblers can sit down on park bench).
The right-to-use is a kind of ownership but it is not interrelated with deed of conveyance and so convey the title to the purchaser (Kaufman T. J., Lashley C., Schreier L. A. (2009), p. 7.) Thereupon the buyer has rights to use the material object but does not have an ownership share.
As a result of right to use agreement, the user becomes an owner of the property or a specific part of it. The right to use timeshare involves both benefits and duties on the side of the user. This means that in spite of no ownership rights, the user has to care for new property as it is his own.
Right to use is related to property right. The basic difference is that along with the property right individual is given the right to use the thing in question. However getting right to use does not mean alienating this thing (Penner J. E. (1997), p. 70-71).
Right to use intellectual property - licences
The official permissions to use somebody's material or non-material interest are called licences. While licence is the grant of the intellectual property right that enables its licenced use by the licensee, it is the contract that spells out how the parties will carry out the agreement to their mutual benefit (Wilkof N. J., Burkitt D. (2005), p.6) Right to use others’ incorporeal chattels - especially know-how - is commonly used in the world of business. Among the group of such practises we can count for example franchising or trademark licencing.
Right to use intellectual property - public copyright licences
Public copyright licence enable copyright owner to grant copyright permit to other people in the general public (especially on the Internet). Copyright owner may allow users to replicate, edit, base on it and/or spread around his work. Every activity that goes beyond the permits inclosed in licences is repugnant to the law.
| Right to use — recommended articles |
| Easement In Gross — Franchise — Proprietary rights — Mutual Will — Exclusive right to sell — Beneficiary Of Trust — Rental agency — Rate base — Absolute assignment |
References
- Jensen R. (2014)., Communicating Science: An Introductory Guide for Conveying Scientific Information to Academic and Public Audiences, BookBaby, North America
- Kaufman T. J., Lashley C., Schreier L. A. (2009)., Timeshare Management: The Key Issues for Hospitality Managers, Elsevier, Oxford
- Penner J. E. (1997)., The Idea of Property in Law, Clarendon Press, New York
- Sprankling J. G. (2014)., The International Law of Property, OUP Oxford, New York
- Wilkof N. J., Burkitt D. (2005)., Trade Mark Licensing, Sweet & Maxwell, London
Author: Paulina Gala
