Exploring Creative Commons Licenses

The paper presented in this seminar examines the legal strategy of and analyzes its potential for enhancing the sharing, distribution and reuse of creative works. The paper focuses on Creative Commons's strategic choice to rely on property rights and on viral contracts to promote free culture. While the Author shares Creative Commons's concern with copyright fundamentalism, she is more skeptical of its strategy. The legal strategy which empowers owners to govern their creative works facilitates a far-reaching coalition among libertarians and anarchists, anti-market activists and free-market advocates. While such an ideological diversity might serve the political goals of a social movement, it may compromise the long term goal of making creative works more accessible. The lack of a core perception of 'freedom in information', may lead to ideological fuzziness that would weaken the prospects for constructing a workable and sustainable alternative to copyright. Furthermore, absent a commitment to a comprehensive standard of 'freedom in information', Creative Commons's defining principles are reduced to empowering authors to govern their own work. The paper predicts that this strategy may strengthen the proprietary regime in information.

Niva Elkin-Koren is Professor of Law at the , Israel.

Discussants:
Maurizio Borghi, ASK Bocconi
Maria Lillà Montagnani, IDC Bocconi
Juan Carlos De Martin, Politecnico di Torino, Creative Commons Italia