For most of human history, property has been defined by tangible ownership—land, goods, and physical possessions. But as society evolves, so does the concept of ownership. Today, property laws extend far beyond the physical world, covering digital assets, intellectual property, airspace, sounds, and even shadows. The rise of non-physical assets has introduced complex legal conflicts, forcing courts and lawmakers to grapple with questions never before considered.
Who Owns the Space Above and Below?
Air rights and subsurface rights have been contested for centuries, but as technology advances, these disputes have taken on new significance.
- Airspace Rights – Traditionally, property owners were said to own the air “from the ground to the heavens,” but modern aviation made that impractical. In the U.S., the government set a limit at 500 feet for navigable airspace, yet homeowners still battle over drone flights, construction shadows, and even advertising balloons.
- Subsurface Rights – Oil and mineral rights create legal disputes where landowners may own the surface but not what lies beneath. The advent of deep-earth resource extraction has led to cases where corporations extract resources from underground without technically “trespassing” on the surface.
These battles over invisible property highlight how ownership isn’t always about what can be seen or touched.
The Legal Fight Over Shadows and Light
Can someone own a shadow? While it may sound absurd, legal conflicts over sunlight and shade are becoming more common.
- Right to Light – Some cities recognize the right to sunlight, preventing developers from constructing buildings that block light from existing homes. In London, historic “right to light” laws have stopped skyscrapers from casting excessive shadows on residential areas.
- The Shadow Lawsuits – In one notable case, a homeowner sued a neighboring building for casting too much shade on their solar panels, arguing it reduced energy efficiency. Similar disputes have occurred with tree growth, where property owners claim damages from unwanted shade encroaching on their land.
Light and shadow, once thought to be free and uncontrolled, are now at the center of property disputes that challenge traditional ownership laws.
The Fight Over Sounds and Silence
If light and shadows can be the subject of legal disputes, what about sound? Lawsuits over noise pollution are nothing new, but as technology evolves, so do new types of conflicts.
- Who Owns the Right to Silence? – Some rural property owners have sued nearby developers over noise pollution, arguing that silence itself is a property right. Courts have been divided on whether silence is something that can be “owned” or simply a lack of interference.
- Trademarking Sounds – Businesses have successfully trademarked unique sounds, from NBC’s chimes to MGM’s lion roar. This has led to legal battles when similar sounds are used commercially, even if the average listener can barely tell the difference.
- The Sonic Boom Problem – Some areas affected by frequent sonic booms from aircraft have argued that the government owes compensation for “acoustic trespassing.” This raises an unusual legal question: does someone have the right to control the sounds that pass over their land?
Can You Own a Smell?
Scents are an essential part of branding, and companies have fought for the right to trademark distinctive smells.
- Perfume and Fragrance Patents – Perfume companies have gone to court over fragrance formulas, arguing that even a slight variation of a scent can constitute theft. However, since scent molecules interact differently with different skin types, proving smell infringement is incredibly difficult.
- Trademarking a Scent – Play-Doh successfully trademarked its distinct childhood smell, and some retail stores have tried to do the same with their signature in-store scents. This opens up a new area of legal conflict: if a smell is part of an environment, does someone have the right to control it?
- The Scent Pollution Debate – Some homeowners have taken legal action against businesses for releasing overpowering scents, from bakeries to perfume shops. These lawsuits blur the line between nuisance laws and property rights, questioning whether smell can be considered an intrusion.
Who Owns Virtual Assets?
The rise of digital property has created some of the most complicated legal conflicts in modern times.
- Virtual Real Estate – Digital worlds like Decentraland and The Sandbox allow users to buy and sell virtual land. Some plots have been purchased for millions of dollars. But if a platform shuts down, what happens to these assets? Unlike physical property, virtual land has no inherent permanence, yet people are investing in it as if it were real.
- The NFT Ownership Debate – Non-Fungible Tokens (NFTs) have exploded in popularity, with buyers purchasing digital art, music, and even tweets. However, ownership often doesn’t grant full control over the digital file, leading to legal confusion over what it truly means to “own” an NFT.
- Digital Afterlife – If someone spends years building an online presence, who owns their accounts and content after they die? Some social media platforms allow for “memorialized accounts,” but legal conflicts have emerged over the right to access or delete a deceased person’s digital history.
The digital property landscape is largely unregulated, leading to cases where ownership can be revoked with a single policy update or server shutdown.
The Right to an Image and the Battle Over Identity
As technology advances, people are facing new challenges over who controls their likeness and personal data.
- Deepfake Legal Battles – AI-generated deepfakes can replicate a person’s face and voice with stunning accuracy. Celebrities have sued deepfake creators for using their likeness without permission, but laws around digital impersonation are still catching up.
- Holograms and Posthumous Performances – Concerts featuring holograms of deceased artists, such as Tupac and Whitney Houston, have sparked controversy over whether estates should control a performer’s image after death. Some argue that artists should be able to control their posthumous likeness, while others see it as a form of tribute.
- The Legal Rights to a Social Media Profile – Influencers and public figures rely on their online presence for income. If a social media platform bans an account, is it legally the same as seizing a business? Some lawsuits have challenged whether digital identities should have the same protections as physical businesses.
Identity ownership is becoming an increasingly contested area of law, especially as AI and deepfake technology blur the lines between reality and fabrication.
Can You Own an Idea?
Intellectual property law has long protected creative works, but as ideas become more fluid, legal conflicts are emerging over ownership rights.
- The Lawsuit Over Yoga Moves – In a controversial case, a yoga instructor attempted to copyright a series of poses, arguing they were unique enough to be considered intellectual property. Courts ultimately ruled that movement sequences couldn’t be copyrighted, but the case raised questions about where the line should be drawn.
- Copyright Battles Over Algorithms – AI-generated music, art, and literature have sparked debate over whether an algorithm can “own” creative works. Current copyright law only protects human creations, but as AI-generated content becomes more indistinguishable from human work, the legal landscape is likely to shift.
- The Patent War Over Genes – Biotech companies have attempted to patent naturally occurring genes, arguing that isolating them constitutes an invention. Courts have ruled that genes in their natural state cannot be patented, but the fight over genetic data continues.
The debate over idea ownership will only intensify as AI, genetic engineering, and digital technology continue to push legal boundaries.
The law has traditionally been built around tangible assets, but as technology, creativity, and commerce evolve, legal systems are being forced to rethink what ownership really means. From smells and shadows to digital property and AI-generated works, the future of non-physical assets promises to be one of the most fascinating legal battlegrounds of the modern era.
