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'Some Rights Reserved': Finding the Space between All Rights Reserved and the Public Domain

55 Pages Posted: 23 Jul 2009 Last revised: 7 Jan 2010

Genevieve P. Rosloff

Government of the United States of America - Federal Judiciary

Date Written: July 22, 2009

Abstract

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.

Keywords: copyright, registration, public domain

Suggested Citation

Rosloff, Genevieve P., 'Some Rights Reserved': Finding the Space between All Rights Reserved and the Public Domain (July 22, 2009). Columbia Journal of Law & the Arts, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1437762

Genevieve P. Rosloff (Contact Author)

Government of the United States of America - Federal Judiciary ( email )

Los Angeles, CA 90012
United States

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