'Some Rights Reserved': Finding the Space between All Rights Reserved and the Public Domain
Genevieve P. Rosloff
Government of the United States of America - Federal Judiciary
July 22, 2009
Columbia Journal of Law & the Arts, Forthcoming
This paper examines the use of copyright formalities – procedural requirements for securing and maintaining copyright protection – as a way to clarify rights over copyrighted material and bring copyright law closer to popular expectations about the proper scope of copyright protection. Our current formality-free system impedes the creative process by raising and creating costs of using works that would not enjoy copyright protection under a “conditional” copyright system. The result is higher licensing and transaction costs and the overprotection of works at the expense of the public domain. Coupling a “some rights reserved” registration system with a licensing-type menu will provide authors with sufficient incentive to produce new works without burdening speech or inhibiting the creation of new works.
Number of Pages in PDF File: 55
Keywords: copyright, registration, public domain
Date posted: July 23, 2009 ; Last revised: January 7, 2010
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