Copyright or Copyleft? Wikipedia as a Turning Point for Authorship
(2014) 25(1) Kings Law Journal 102
25 Pages Posted: 23 Sep 2014
Date Written: July 1, 2013
The Copyright Designs and Patents Act 1988 provides that copyright subsists in original literary works and that the author of such a work is the owner of the copyright subsisting in it. This article considers the unique challenge that Wikipedia poses for copyright’s rules of subsistence. The article is structured in three parts. The first part outlines the model of collective authorship which thrives on Wikipedia – describing how Wikipedia works and suggests some reasons why it works. The second part offers a critical analysis of the relationship between collective authorship on Wikipedia and the concept of a work of joint authorship in copyright law. In particular, this part considers whether: (i) Wikipedia as a whole, or individual Wikipedia pages are original literary works in which copyright subsists; and (ii) whether Wikipedia contributors are joint authors and thus copyright owners. The third part examines the role of copyleft licences in sustaining collective authorship on Wikipedia and considers the ongoing relevance of copyright law standards in this context. The article concludes that the example of Wikipedia reveals some unanswered questions that lie at the heart of copyright’s notion of authorship, providing an opportunity to reconsider the way in which this notion has been understood to date and how it might adapt to creativity in the modern digital environment.
Keywords: Collective Authorship, Wikipedia, Copyright, Copyleft, Social Norms, Joint Authorship
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