Copyright, Contracts, Creators: New Media, New Rules

Giuseppina D'Agostino, COPYRIGHT, CONTRACTS, CREATORS: NEW MEDIA, NEW RULES, Edward Elgar Publishing, 2010

Posted: 26 Nov 2010

Date Written: November 26, 2010

Abstract

Recycling existing works in new media is an age-old recurrence that continues to challenge copyright law and its future. This book evaluates the efficacy of current copyright law to address the contracting of creative works in the digital era. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the copyright contracting of new uses. The author discusses how this was not always the case, and that historically laws and courts were more sympathetic to creators. Given the present imbalanced bargaining between authors and publishers, and the lack of express and adequate legislation, a new theoretical framework is proposed to justify legislative provisions. Other judicial interpretive principles and industry mechanisms are also suggested to address the inadequate treatment of freelance work.

Keywords: Copyright, Authors, Creators, Contracts, Media, Rules

JEL Classification: K39

Suggested Citation

D'Agostino, Giuseppina (Pina), Copyright, Contracts, Creators: New Media, New Rules (November 26, 2010). Giuseppina D'Agostino, COPYRIGHT, CONTRACTS, CREATORS: NEW MEDIA, NEW RULES, Edward Elgar Publishing, 2010, Available at SSRN: https://ssrn.com/abstract=1715560

Giuseppina (Pina) D'Agostino (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416.736.5319 (Phone)
46.736.5736 (Fax)

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