CreativeCommons(CC)ANewModelforCopyright.pptVIP

Creative Commons (CC) : A New Model for Copyright Management Professor Brian Fitzgerald Head of School of Law QUT CC: Key Themes Sharing, Accessing, Collaborating and Negotiating: Content, Knowledge, Culture and Production – “with a minimum of fuss” Fueled by the negotiability, innovation and creative potential of the digital environment – “cut and paste”, “remix” “P2P” Free Culture – Free to Access – a repository of open space or commons unencumbered by large transaction costs and threats of law suits - Lessig, The Future of Ideas (2001); Free Culture (2004) Creative Innovation – core economic driver – Florida, Rise of the Creative Class (2002) – CC slogan “get creative” Peer to Peer Production and User Led Innovation - Y Benkler, “Coases Penguin, or Linux and the Nature of the Firm”, (2002) 112 Yale Law Journal 369 – Collaborative Innovation Implementing CC Locate/build and inform people of creative resources Establish easy to implement generic non discriminatory protocols for access to and reutilising or reusing of content – a process of “licensing out” Make it easier to negotiate out or access copyright material Builds on free software model Free and Open Source Software “The powerful insight that Richard Stallman and his advisers at the Free Software Foundation .. discovered was that if you want to structure open access to knowledge you must leverage off or use as a platform your intellectual property rights. The genius of Stallman was in understanding and implementing the ethic that if you want to create a community of information or creative commons you need to be able to control the way the information is used once it leaves your hands. The regulation of this downstream activity was achieved by claiming an intellectual property right (copyright in the code) at the source and then structuring its downstream usage through a licence (GNU GPL). This was not a simple “giving away” of information but rather a strategic mechanism for ensuring the inform