Abstract

http://ssrn.com/abstract=1942735
 
 

Footnotes (213)



 


 



More Than Just a Formality: Instant Authorship and Copyright's Opt-Out Future in the Digital Age


Brad A. Greenberg


Columbia University - Law School; Yale Information Society Project

September 4, 2011

UCLA Law Review, Vol. 59, p. 1028, 2012

Abstract:     
The digital age has forever changed the role of copyright in promoting the progress of science and the arts. The era of instant authorship has provided copyright to countless authors who are not motivated by copyright incentives. It has also made it impracticable for copyright to return to a system requiring author adherence to formalities, such as notice and registration. Though many intellectual property scholars today argue for “reformalizing” copyright, they fail to consider fully the consequences of shifting from the current opt-out copyright system to an opt-in regime.

This Comment fills that gap by exploring how an opt-in regime would work in a world with countless authors. In particular, it details the inability of many authors to know at the time of creating an original work whether that work will be commercially successful, such that, if copyright did not automatically vest, it would be worth the time and cost to obtain protection. This Comment ultimately argues that an opt-in copyright system characterized by formalities would not scale in the era of instant authorship and that returning to such a regime would disincentivize authors who are motivated by the present copyright scheme. This Comment then concludes with a discussion of why an opt-out system that automatically grants rights to authors is supported by the different theories of the U.S. Constitution’s Copyright Clause.

Number of Pages in PDF File: 47

Keywords: Copyright, Digital Age, Opt-in, Opt-out, Formalities, Internet, Scale, Google Book Search, Copyleft, Creative Commons

Accepted Paper Series


Download This Paper

Date posted: October 15, 2011 ; Last revised: October 30, 2012

Suggested Citation

Greenberg, Brad A., More Than Just a Formality: Instant Authorship and Copyright's Opt-Out Future in the Digital Age (September 4, 2011). UCLA Law Review, Vol. 59, p. 1028, 2012. Available at SSRN: http://ssrn.com/abstract=1942735

Contact Information

Brad A. Greenberg (Contact Author)
Columbia University - Law School ( email )
435 West 116th Street
New York, NY 10025
United States
Yale Information Society Project ( email )
127 Wall Street
New Haven, CT 06511
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,079
Downloads: 164
Download Rank: 106,354
Footnotes:  213
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.454 seconds