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From Shakespeare to DJ Danger Mouse: A Quick Look at Copyright and User Creativity in the Digital Age

Urs Gasser
Harvard University - Berkman Center for Internet & Society; University of St. Gallen

Silke Ernst
University of St. Gallen - Department of Law and Research Center for Information Law (FIR-HSG)



Berkman Center Research Publication No. 2006-05

Abstract:     
The Internet has changed the ways in which we create, disseminate, access, and re-use information, knowledge, and entertainment. In many respects, digital media has enabled us to become more creative and interactive, to write and publish our own stories without owning a printing press (weblogs), to broadcast our own radio shows without requiring access to a broadcast studio (podcasts), to make and distribute songs or video clips without depending on recording studios or big Hollywood. In this short essay, we first provide several examples to demonstrate that the law - especially copyright law - has not kept pace with the unfolding creative revolution of cyberspace. We then argue that the law should strike a new balance between the divergent interests of various stakeholders in order to foster participatory culture. Finally, we outline some approaches and proposals that might contribute to such an endeavor.

Keywords: Participatory culture, semiotic democracy, copyright law

JEL Classifications: D230, L820, K420

Accepted Paper Series

Date posted: June 19, 2006 ; Last revised: May 10, 2007

Suggested Citation

Gasser, Urs and Ernst, Silke, From Shakespeare to DJ Danger Mouse: A Quick Look at Copyright and User Creativity in the Digital Age. Berkman Center Research Publication No. 2006-05. Available at SSRN: http://ssrn.com/abstract=909223


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Contact Information

Urs Gasser (Contact Author)
Harvard University - Berkman Center for Internet & Society ( email )
Harvard Law School, Baker House
1587 Massachusetts Avenue
Cambridge, MA 02138
United States
HOME PAGE: http://cyber.law.harvard.edu/people/ugasser.html
University of St. Gallen ( email )
Research Center for Information Law
Blumenbergplatz 9
CH-9000 St.Gallen Switzerland
HOME PAGE: www.fir.unisg.ch
Silke Ernst
University of St. Gallen - Department of Law and Research Center for Information Law (FIR-HSG) ( email )
Varnbuelstr. 14
CH-9000 St. Gallen 9000
Switzerland
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