Creative Commons (CC), represents a movement towards “balance, compromise, and moderation” within copyright. Described by its proponents as a ‘some rights reserved' copyright, CC introduces a number of licenses that allow creators to selectively use private rights to create public goods: creative works set free for certain uses. To fully understand CC, the context of the movement must first be understood, along with the way in which CC operates. The rationales behind CC can then be explored, leading to identification and understanding of the objectives CC purports to achieve. The impact of CC within a modern legal framework can then be assessed, taking into account both positive and negative outcomes. Analysis and understanding of these considerations can then form the premise of a decision as to whether CC should be embraced within the entertainment industry.
[...] Moreover, while the legal enforceability of the licenses is questioned by some, it must be noted that on the two occasions internationally where the licenses have come before the courts, they have been upheld.[44] The Negative Impact of Creative Commons While the idea behind a CC license is simple and effective, the logistical operation of the licenses is cause for concern. The main problem is that international consistency amongst public rights licenses is very difficult to achieve due to the “terminological differences between national copyright laws.”[45] The impact of such a conundrum is such that individual jurisdictions are somewhat deterred from creating licenses that facilitate ‘relationships' with works from other jurisdictions.[46] This is further exacerbated by the fact that ideological differences exist between international licensing organizations within each jurisdiction.[47] Such a result has been described as “potentially fracturing the commons”[48], whereby any chance of a ‘sharing economy' is quashed, along with the vision of CC. [...]
[...] B Fitzgerald, I Oi and V Tzimas, “Creative Commons in Australia” (2004) Internet Law Bulletin Flew, “Creative Commons and the creative industries” (2005) 10(4) Media and Arts Law Review M Fraser, “Copyleft in practice: issues and perspectives” (2006) 24(1&2) Copyright Reporter L Gordon-Murnane, “Generosity and copyright Creative Commons and Creative Commons Search Tools” 13(7) Searcher Hartnett New Era for Copyright Law: Reconstructing the Fair Use Doctrine” (1992) 39 Copyright Law Symposium 167 L Lessig, The Future of Ideas The fate of the commons in a connected world I McDonald, “Creative Commons: just say (2006) 24(4) Copyright Reporter J McKeough, A Stewart and P Griffith, Intellectual Property in Australia, (3rd ed, 2006) A Raskin, “Giving it Away (for Fun and Profit)” (2004) Business 2.0 R Sheftalovich, ”Protection of the Public Domain One of the Most Significant Challanges in the Law of Intellectual Property in the 21st Century”. [...]
[...] In this way, CC allows for a “broader understanding of information management in a way which builds on the existing system.”[37] The Impact of Creative Commons Due to the fact that CC was established in 2001, the impacts of CC licensing are still being discovered and identified. As such, an analysis of the fundamental CC influence on the entertainment industries must inadvertently involve an element of hypothesizing. Such theorizing is based upon the aforementioned rationales and objectives of CC, as well as those impacts of CC already observed within the entertainment industries. [...]
[...] Fraser, above n Broussard, above n 13, 17-18, McDonald, above n p 225. McDonald, above n Such as composers, writers, filmmakers, and photographers. Fraser, above n McDonald, above n McDonald, above n McDonald, above n Part IX of the Copyright Act 1968 (Cth). McDonald, above n B Fitzgerald et al, “Cultivating the creative commons: Perspectives from the creative industries” (2006) 11 Media and Arts Law Review Professorial Fellow, Victorian College of the Arts. B Fitzgerald et al, above n McDonald, above n Creative Commons, Creative Commons Frequently [...]
[...] The rationales behind Creative Commons The premise behind CC is identified by the poignant words of Lawrence Lessig; one of the key proponents of CC, in that CC is a “struggle about an ideal about what rules should govern the freedom to innovate.”[13] Lessig regards CC as a constitutional question[14] about the “fundamental values that define this society and whether we will allow those values to change”[15] (emphasis added). By referring to ‘this' society, Lessig appears to acknowledge the fact that contemporary economic and legal discourse has all but forgotten the ‘starting point' of intellectual property. [...]
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