‘Sharing Is Caring’: Creative Commons, Transformative Culture, and Moral Rights Protection

Research Handbook on Moral Rights, Edward Elgar Publishing, 2022 Forthcoming

Amsterdam Law School Research Paper No. 2022-42

Institute for Information Law Research Paper No. 2022-07

19 Pages Posted: 19 Dec 2021 Last revised: 19 Jan 2023

See all articles by Alexandra Giannopoulou

Alexandra Giannopoulou

University of Amsterdam - Institute for Information Law (IViR)

Date Written: July 15, 2021

Abstract

The practice of sharing works free from traditional legal reservations, aims to mark both ideological and systemic distance from the exclusive proprietary regime of copyright. The positive involvement of the public in creativity acts is a defining feature of transformative culture in the digital sphere, which encourages creative collaborations between several people, without any limitation in space or time. Moral rights regimes are antithetical to these practices. This chapter will explore the moral rights challenges emerging from transformative culture. We will take the example of Creative Commons licenses and their interaction with internationally recognized moral rights. We conclude that the chilling effects of this legal uncertainty linked to moral rights enforcement could hurt copyright as a whole, but that moral rights can still constitute a strong defence mechanism against modern risks related to digital transformative creativity.

Keywords: commons, moral rights, user generated content, Creative Commons, public domain

Suggested Citation

Giannopoulou, Alexandra, ‘Sharing Is Caring’: Creative Commons, Transformative Culture, and Moral Rights Protection (July 15, 2021). Research Handbook on Moral Rights, Edward Elgar Publishing, 2022 Forthcoming, Amsterdam Law School Research Paper No. 2022-42, Institute for Information Law Research Paper No. 2022-07, Available at SSRN: https://ssrn.com/abstract=3947081 or http://dx.doi.org/10.2139/ssrn.3947081

Alexandra Giannopoulou (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

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