Authorship in the Commons: Should Rights Exist in Freedom?

Abstract

With the expansion of copyright, there has been increasing calls for the protection of the public domain to ensure that there is a common pool of creative resources for new authors and other creators to build upon. Authors who willingly surrender some of their rights to the public through private contractual ordering such as the Creative Commons licenses or GPL increase this pool of free resources for new authors to work with. Together with digital technologies that provide the tools to put together existing works, these licenses provide raw materials and unlimited opportunities for creative authorship to occur at many different levels of creativity. This presentation proposes a higher standard for original expression and creativity when authors use free works from the public domain/commons to produce new ones. This higher standard ensures that works created out of the public domain remains free for future authorship to occur and recognizes original authorship in the commons through the grant of rights in highly creative works .

Media

Speaker

Alina Ng

Assistant Professor
Mississippi College School of Law

Alina Ng is an assistant professor of law at Mississippi College School of Law. She received her Bachelor of Law from the University of London, Master of Law from Cambridge University and Master and Doctor of the Science of Law from Stanford Law School. She is presently the legal project lead for Creative Commons Malaysia.

Discussion

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