Wiki (POCC) Authorship: The Case for An Inclusive Copyright

Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC) 13(3), Forthcoming

Tilburg Law School Research Paper

45 Pages Posted: 11 Aug 2022

Date Written: July 25, 2022

Abstract

Public open collaborative creation (POCC) constitutes an innovative form of collaborative authorship that is emerging within the digital humanities. At present, the use of the POCC model (or Wiki authorship model) can be observed in many online creation projects the best known examples being Wikipedia and free-open source software (FOSS). This paper presents the POCC model as a new archetype of authorship that is founded on a creation ideology that is inclusive and as such, challenges the existing individualistic conception of authorship in exclusivity-based copyright law. Based on a comparative survey of the copyright law frameworks on collaborative authorship in France, the UK and the USA, the paper demonstrates the inability of the existing framework of exclusivity-based copyright law to give adequate legal expression to the relationships between co-authors engaged in collaborative creation within the POCC model. It proposes the introduction of an 'inclusive' copyright to the copyright law toolbox which would be more suited for giving legal expression to the qualities of inclusivity and dynamism that are inherent in these relationships.

Keywords: Copyright, Collaborative Authorship, Inclusivity, Wikipedia, Free-Open-Source Software

JEL Classification: K2

Suggested Citation

Mendis, Sunimal, Wiki (POCC) Authorship: The Case for An Inclusive Copyright (July 25, 2022). Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC) 13(3), Forthcoming, Tilburg Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=4171852 or http://dx.doi.org/10.2139/ssrn.4171852

Sunimal Mendis (Contact Author)

Tilburg University ( email )

Tilburg
Netherlands
+31683964068 (Phone)

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