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Creative Commons - Rebalancing the Copyright Bargain in the Digital Age

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Creative commons ~ rebalancing the 'copyright bargain' in the digital age? A free culture has been our past, but it will only be our future if we change the path we are on right now.1 I INTRODUCTION. The rapid progression of the digital age has provided almost limitless access to creator's works,2 and has forced a cultural 'rethink' on the role of copyright laws in the modern world. 3 Centuries old copyright laws, created in an age where the reproduction of works was easy to control, have emerged into an era with almost limitless potential for cheap, accessible reproduction by anyone.4 Whilst copyright laws have provided periods of protection for creators interests,5 they are perceived by many to serve commercial monopolies over works and against both the interests of creators and society alike.6 This has triggered a cultural revolution toward alternatives that attempt to restore control back to the creators, and foster creative freedom that is essential for a healthy and progressive society.7 This paper will examine the relationship between copyright, the public domain, and one of those alternatives, Creative Commons. II THE LAWS OF COPYRIGHT. 2.1 The Origins of Copyright. In 1710 the Statute of Anne was enacted in Britain giving legal effect to the concept of copyright,8 and in doing so, it dramatically changed the manner in which the rights over works were controlled. The new law overturned decades of monopoly control by the Stationers' Company, and was intended to foster creative freedom by providing creators exclusive exploitation rights over their own works.9 Similar laws were later enacted overseas,10 along with a breadth of international agreements over time,11 all of which attempt to provide global consistency for the protection of intellectual property;12 copyright is truly universal.13 2.2 Copyright & the Creation of the Public Domain. Early copyright laws prescribed limited terms for exploitation rights; generally only 21 years,14 which automatically gave genesis to the public domain. ...read more.


Cato Institute, Washington, USA. Maruca, Lisa, 'The Plagarism Panic: Digital Policing in the New Intellectual Property Regime' in Macmillan, Fiona & Bowrey, Kathy (eds), New Directions in Copyright Law, Volume 2 (2006) Edward Elgar Publishing, Cheltenham. Mason, Matt, The Pirate's Dilemma: How Youth Culture is Reinventing Capitalism (2008) Free Press. McDonald, Ian, 'Creative Commons, Just Say 'CC'?' (2006) 24 Copyright Reporter 4. McLeod, Kembrew & Lessig, Lawrence, Freedom of Expression: Resistance and Repression in the Age of Intellectual Property (2007) University of Minnesota Press, Minnesota. Park, David, Conglomerate Rock (2007) Lexington Books, UK. Patterson, Lyman Ray, Copyright in Historical Perspective (1968) Vanderbilt University Press, US. Rimmer, Matthew, Digital Copyright and the Consumer Revolution: Hands off my Ipod (2007) Edward Elgar Publishing, Cheltenham. Samuels, Edward, 'The Public Domain in Copyright Law' (1993) 41 Journal of the Copyright Society 137. Schrader, Dorothy, 'Copyright Term Extension and Music Licensing: Analysis of Sonny Bono Copyright Term Extension Act and the Fairness in Music Licensing Act' in Martin, John (ed), Copyright: Current Issues & Law (2002) Nova Publishers, New York. Simpson, Shane, Music Business (3rd ed, 2006) Omnibus Press, Sydney. Spurgeon, Christina, Advertising and New Media (2008) Routledge Publishing, New York. Teilmann, Stina, 'On real nightingales and mechanical reproductions' in Porsdam, Helle (ed), Copyright and Other Fairy Tales: Hans Christian Andersen and the Commodification of Creativity (2006) Edward Elgar Publishing, Cheltenham. Torremans, Paul, Copyright Law: A Handbook of Contemporary Research (2007) Edward Elgar Publishing, New York. Vaidhyanathan, Siva, Copyrights and Copywrongs: the Rise of Intellectual Property and How it Threatens Creativity (2001) NYU Press, New York. van Schijndel, Marieke & Smiers, Joost, 'Imagining a World Without Copyright' in Porsdam, Helle (ed), Copyright and Other Fairy Tales: Hans Christian Andersen and the Commodification of Creativity (2006) Edward Elgar Publishing, Cheltenham. Waelde, Charlotte, 'Copyright, Corporate Power and Human Rights: Reality and Rhetoric' in Macmillan, Fiona & Bowrey, Kathy (eds), New Directions in Copyright Law, Volume 2 (2006) Edward Elgar Publishing, Cheltenham. Wynants, Marleen & Cornelis, Jan, How Open is the Future? ...read more.


66 Lessig, above n 26, 20, Harold, above n 6, 142, Gordon, above n 58. 67 Zachary Katz, 'Pitfalls of Open Licensing: Analysis of Creative Commons Licensing' (2006) The Intellectual Property Law Review 46, 391-413, Kathy Bowrey, 'The New, the Bad, the Hot, the Fad: Popular Music, Technology and the Culture of Freedom' in Fiona Macmillan & Kathy Bowrey (eds), New Directions in Copyright Law, Volume 2 (2006) 270. 68 Ian McDonald, 'Creative Commons, Just Say 'CC'?' (2006) 24 Copyright Reporter 4, 223-234, McDonald, above n 46, Bowrey, above n 67. 69 Naomi Korn & Charles Oppenheim, Creative Commons Licences in Higher and Further Education: Do We Care? (2006) Ariadne Magazine, <http://www.ariadne.ac.uk/issue49/korn-oppenheim/> at 2 December 2009, Wikipedia, Creative Commons: Legal Test Case (2009) <http://en.wikipedia.org/wiki/Creative_Commons#Legal_test_case> at 2 December 2009. 70 Mia Garlick, Creative Commons Licenses Enforced in Dutch Court (2006) Creative Commons, <http://creativecommons.org/weblog/entry/5823> at 2 December 2009. Wikipedia, above n 69. 71 Wikipedia, above n 69. 72 Katz, above n 67, Mia Garlick, Spanish Court Recognises CC Music (2009) Creative Commons <http://creativecommons.org/weblog/entry/5830> at 2 December 2009. 73 Sociedad General de Autores y Editores (SGAE). 74 Katz, above n 67, Garlick, above n 70. 75 Garlick, above n 70. 76 Creative Commons, above n 42. 77 Copyright Act 1968 (Cth) Pt IX. 78 ABC Radio National, above n 7, Chrisanthi Demos, Interview with Jessica Coates, Project Manager Creative Commons Australia, Queensland University of Technology, 16 October 2008, <http://bmm.qut.edu.au/public/profile/18> at 2 December 2009, Creative Commons, Supporters (2008) <https://support.creativecommons.org/supporters/> at 2 December 2009, Creative Commons, Press Releases (2008) <http://creativecommons.org/press-releases/> at 2 December 2009. 79 McDonald, above n 46, McDonald, above n 68, Pam Foo, 'Do copyright owners understand how to use Creative commons licences?' (2007) 25 Copyright Reporter 4, 132-148, Bowrey, above n 67, Katz, above n 67, Foo, above n 79. 80 Arnold, above n 3, Vaidhyanathan, above n 3, Maruca, above n 3, Lessig, above n 37, Lessig, above n 48. 81 ABC Radio National, above n 7, Mason, above n 65, Gordon, above n 58. 82 Arnold, above n 3. ?? ?? ?? ?? ...read more.

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