Deriver's Licenses: An Argument for Establishing a Statutory License for Derivative Works
Chicago-Kent Journal of Intellectual Property, Vol. 6, pp. 87-107, 2006
21 Pages Posted: 4 Feb 2007
This paper argues that current law is not properly balancing the interests of copyright holders and the American public to encourage the creation of derivative works. The author advocates a statutory license for the derivative work right based on existing statutory licenses and trademark law. Part I examines the concept of derivative works and their unique value to the progress of American culture. Part II reviews the current state of the law and the creative community, finding both deficiencies and inspiration, with sections on fair use, statutory licenses, the effects of trademark law, psychic effects, and economics. Part III proposes the optimal elements and operation of a statutory license for derivative works.
Keywords: derivative works, copyright, trademark, law, statutory, compulsory, licence, licences
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