Abstract

http://ssrn.com/abstract=1691266
 
 

Footnotes (135)



 


 



If it Ain’t Broke.... Copyright’s Fixation Requirement and Cultural Citizenship


Larisa Mann


University of California, Berkeley - Jurisprudence and Social Policy Program

April 12, 2010

Columbia Journal of Law & the Arts, Vol. 34, p. 201, Winter, 2011

Abstract:     
Copyright subsists in creative works that are “fixed in any tangible medium of expression,” usually understood as making fixation a prerequisite for protection. However, some argue that denying copyright to unfixed works unfairly denies protection to certain classes of artists or works, and that fairness, or concern for those classes of artists or genres, requires that they receive the benefit of copyright ownership for those unfixed works. These arguments generally assume the benefits of copyright protection to the artist, and often by unexamined extension to society. However, copyright ownership has social costs as well as social benefits. This paper examines the possible costs of applying copyright protection to unfixed works, in the context of the specific artists, traditions, genres, and practices that rely mainly on unfixed works. It argues for a deeper, more empirically grounded understanding of the creative process and a broader definition of values that arise from culture-making, and thus a broader understand of the public policy implications in copyright law.

Number of Pages in PDF File: 40

Keywords: Intellectual Property, Jazz, Music, Sociolegal Studies, Citizenship, Copyright

Accepted Paper Series


Download This Paper

Date posted: October 13, 2010 ; Last revised: August 17, 2011

Suggested Citation

Mann, Larisa, If it Ain’t Broke.... Copyright’s Fixation Requirement and Cultural Citizenship (April 12, 2010). Columbia Journal of Law & the Arts, Vol. 34, p. 201, Winter, 2011. Available at SSRN: http://ssrn.com/abstract=1691266

Contact Information

Larisa Mann (Contact Author)
University of California, Berkeley - Jurisprudence and Social Policy Program ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
Feedback to SSRN


Paper statistics
Abstract Views: 757
Downloads: 109
Download Rank: 142,321
Footnotes:  135

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.297 seconds