Creative Commons Licences, the Copyright Regime and the Online Community: Is there a Fatal Disconnect?

Abstract

Creative works on the Internet (online works) present challenges to the traditional copyright model. Creative Commons licences are one response to these challenges. Despite the many positive features of Creative Commons licences, certain aspects have attracted criticism. The flaws in Creative Commons licences are a symptom of a broader failure of the copyright system itself to engage with the community. Creative Commons licences operate within the traditional copyright model, despite having some resonance with a developing copyright paradigm. Yet many concepts of copyright are not understood by the wider community; indeed, some remain a source of ongoing debate within the legal academy. Furthermore, there is evidence that community norms and expectations in relation to online works conflict with the legal environment provided by copyright law. The author argues that until these issues are addressed, an attempt to reconceptualise the legal environment by working within its constraints is unlikely to be successful.

The Role of Open Educational Resources (OERs) in Primary Education in Developing Nations: A Case Study of India

“…Moreover, while derivatives such as adapted works and translated versions cater to culturally and linguistically diverse communities (Shaver, 2014), copyright provides incentive for the generation of new knowledge (Bammel, 2014). Since copyright holds a very important place in the creative industry and is the primary guarantee for protection of creative works, it cannot be permanently replaced by the arrival of CC licenses (Corbett, 2011). Nonetheless, knowing that creative works made available on the Web directly challenge the very nature of copyright, Creative…”

“…Despite the fact that CC licenses bring a number of positive features to online works, it has also been criticized for a number of reasons. Dusollier (2006) and Corbett (2011) argue that CC licenses have flaws in the same manner as copyright; failing to engage sufficiently with the community and continuing to function in accordance with the traditional copyright legal system. That being said, copyright remains a subject of debate.…”

“…Creative Commons (CC) movement was initiated later in history as a supplement to copyright (Garcelon, 2009), permitting end-users with more liberal options to tweak and build upon original works, resulting in the multiplied usage and dissemination of OERs (Boldrin & Levine, 2013;Corbett, 2011). The understanding of copyright is required for users to avoid copyright infringement, which is also applicable in the event where open licenses are used.…”

“…That being said, copyright remains a subject of debate. It is poorly understood by the wider public (Boldrin & Levine, 2013;Aboyade, 2015), requiring OER organizations to invest in training and in the development of management skills (Chang & Hong, 2014;Caro & Lesko, 2014;Corbett, 2011;Veletsianos, 2015;Hobbs, 2016).…”

“…The case study organizations of this research see great value in enabling wider distribution of OERs through openly licensing their materials, however, they also reveal that the need for advocacy around the concepts of OERs, CC and copyright is high. In particular, this chapter elaborates on the lack of knowledge around copyright (Rolfe, 2012) and open licenses present in both creators and end-users (Boldrin & Levine, 2013;Corbett, 2011).…”