SIGGRAPH2008 Know Your Rights: A Legal Primer for Software Developers, Artists and Content Creators Copyright and Open Licensing Jishnu Menon Wilson Sonsini Goodrich & Rosati Find out more about Creative Commons at http:// creativecommons.org . You can find this slide deck at http://SlideShare.net
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Copyright law generally takes an “all rights reserved” approach, meaning that, absent an applicable defense (such as fair use), if your use infringes one (or more) of a copyright holder’s five exclusive rights, you need a license.
creativity builds off of the creative expression of your peers and your predecessors
can significantly increase transaction costs
can stifle collaboration and viral marketing
Importantly : it does not give the artist the choice
Source: http://wiki.creativecommons.org/Spectrumofrights_Comic1 Cartoon concept and design by Neeru Paharia. Original illustrations by Ryan Junell, Photos by Matt Haughey. licensed under Creative Commons Attribution 3.0.
How Creative Commons Licenses Address the “All Rights Reserved” Dilemma
The Copyleft movement is another contract/license centered approach to the dilemma caused by the “all rights reserved” effect of copyright.
Through a copyleft license, an author may give every person who receives a copy of the work permission to adapt, reproduce or distribute the work conditioned on any resulting copies, adaptations or distributions being licensed under the same copyleft license.
Some copyleft licenses include the GNU General Public License and the Creative Commons Share-alike licenses.
The GNU GPL is an integral part of the “Free Software Movement” which is aimed at providing “software that gives you the user the freedom to share, study and modify” such software. Source: http://www.fsf.org/about/what-is-free-software.
Do open licensing schemes make “economic sense” beyond the broader social utility?
“A week after the album's release, the official Nine Inch Nails site reported over 750,000 purchase and download transactions, amassing over US$1.6 million in sales.” Source: http://en.wikipedia.org/wiki/Ghosts_I-IV#cite_note-tribune-12
This presentation is for your general information only and does not constitute legal advice of any kind, nor does it create or purport to create an attorney client relationship. It does not cover important issues regarding copyright and other legal topics. Further, it does not necessarily reflect the opinions of Wilson Sonsini Goodrich & Rosati nor of the Creative Commons Corporation or other entity.