Cultivating Creative Commons: From Creative Regulation to Regulatory Commons

Cultivating Creative Commons: From Creative Regulation to Regulatory Commons

by Prodromos Tsiavos
     
 

The CC project offers a solution to the problem of not being able to reuse material for creative reasons due to Copyright restrictions (Creative Commons, 2006a). In this context, CC may be seen as an effort to mitigate the extremities of the current Copyright system by establishing a voluntary system of reserving only some Copyrights (Brown, Paharia, Junell and Walker… See more details below

Overview

The CC project offers a solution to the problem of not being able to reuse material for creative reasons due to Copyright restrictions (Creative Commons, 2006a). In this context, CC may be seen as an effort to mitigate the extremities of the current Copyright system by establishing a voluntary system of reserving only some Copyrights (Brown, Paharia, Junell and Walker, 2002). CC implements such a solution through a series of standard, free of cost, public licences that are complemented by meta-data allowing the easy identification and reuse of CC licensed works (Creative Commons, 2004a) (section 6.1).
While the aforementioned description of the CC project constitutes a valid first
approach to the CC phenomenon, this thesis also explores about another issue, perhaps of a more fundamental nature: In the area of Copyright we witness a steady pattern of what is described in this research as the regulatory distantiation phenomenon (section 3.6): increasingly fewer and fewer actors have the ability, practical and legal, to provide input to the formation of regulation that involves more and more people; while regulation becomes more pervasive, access to its formation becomes more exclusive. We illustrate this aspect by examining the interaction between Copyright and Technology (chapter 3) as well as by conducting a critical review of Lessig’s early work on regulation and the Internet (chapter 4) and a positioning of his wok within regulatory
theory, FLOSS research and Information Infrastructures design (sections 4.5.1-4.5.3).
This alienation from the regulatory means of production is at the crux of the Copyright-technology interaction problem (section 3.1). The eradication of the Commons (section 3.3) and the exclusion of a class of new creators from the use of a series of creative resources (section 3.2) are, to the author of this thesis, the symptoms of the greater
problem of eradication of the regulatory commons (sections 4.4.1 to 4.4.2), of the
exclusion of this new class of creators from the regulatory formation process. It is in the
context of Copyright and CC that the question of how to overcome regulatory
distantiation is posed (section 4.4.3); not because CC or Copyright lack seriousness, as
Lessig’s aforementioned quote may lead the reader to conclude, but rather because of
two more practical reasons: first, because the investigation of a very specific area in
which the distantiation problem occurs allows its comprehensive analysis; and second,
because the CC project provides a good initial model for how to solve the distantiation
problem.
Viewing the CC project as one that solely and directly seeks to establish a creative
commons, though appealing in its simplicity, it raises serious consistency problems,
most of which have been identified by the relevant critique. Chapter two is exclusively
devoted to a brief presentation of the CC and its critique. We present the basic
constituent parts of the CC critique and explain why an alternative to the mainstream
understanding of CC is required.

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Product Details

ISBN-13:
2940013070530
Publisher:
ReadCycle
Publication date:
08/28/2011
Sold by:
Barnes & Noble
Format:
NOOK Book
Pages:
386
File size:
1 MB

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