Digital Commons Network^™

Creative Commons As Conversational Copyright, Michael W. Carroll

Michael W. Carroll

Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …

Faculty Rights And Scholarly Communication Practices, Denise Troll Covey

Denise Troll Covey

No abstract provided.

Submission To The Senate Standing Committee On Legal And Constitutional Affairs Inquiry Into The Copyright Amendment Bill 2006, Kimberlee G. Weatherall

Kimberlee G Weatherall

This Senate Inquiry submission addresses the expansion of criminal liability for copyright infringement and the narrowing of copyright exceptions, brought about by the Copyright Amendment Bill 2006 (Australia).

Rights And Permissions In The Supply Chain: Untying The Knots For Institutional Repositories, Denise Troll Covey

Denise Troll Covey

No abstract provided.

The Movement For Open Access Law, Michael W. Carroll

Michael W. Carroll

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …

Copyright On Catfish Row: Musical Borrowing, Porgy & Bess And Unfair Use, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

Treatment of musical borrowing under current copyright standards is far too often inequitable. This is evident in the works of George Gershwin, who, for a number of reasons, was able to borrow freely from existing traditions, works and artists, copyright the works he produced that reflected such borrowings, and then restrict future borrowings and reinterpretations of his works. The operation and the uses of copyright in the specific instance of George Gershwin’s musical practice reflect actual uses of copyright in the musical arena and demonstrates some ways in which current copyright frameworks may not adequately contemplate actual practices of music …

The Next Mother Lode For Large-Scale Digitization? Historic Serials, Copyrights, And Shared Knowledge, John Mark Ockerbloom

John Mark Ockerbloom

Much of the publicity around recent mass-digitization projects focuses on the millions of books they promise to make freely readable online. Because of copyright, though, most of the books provided in full will be of mainly historical interest. But much of the richest historical text content is not in books at all, but in the newspapers, magazines, newsletters, and scholarly journals where events are reported firsthand, stories and essays make their debut, research findings are announced and critiqued, and issues of the day debated. Back runs of many of these serials are available in major research institutions but often in …

The Proposed Solution To The Orphan Works Problem: Safe Legal Adoption Or Risky Foster Parenting?, Denise Troll Covey

Denise Troll Covey

No abstract provided.

A Technological Theory Of The Arms Race, Lee B. Kovarsky

Lee Kovarsky

Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang

Richard Li-dar Wang

In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights, …

Creative Commons And The New Intermediaries, Michael W. Carroll

Michael W. Carroll

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …