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Copyright (c) 2009 University of La Verne College of Law
University of La Verne Law Review

ARTICLE: CREATIVE COMMONS: FOR THE COMMON GOOD?

April, 2009

UNIVERSITY OF LA VERNE LAW REVIEW

30 U. La Verne L. Rev. 346

Author

Lynn M. Forsythe* and Deborah J. Kemp**

Excerpt

I. Introduction

Creative Commons is both a political movement and a practical tool that responds to the increasingly common perception that copyright, at least in the U.S., is so broadly applied that it threatens the progress of science and the useful arts, rather than promoting it. Creative Commons enables creators to license their works for public use in a uniform manner. The increasingly famous legal scholar Lawrence Lessig 1 played a significant role in the creation of Creative Commons as a technique for addressing shortcomings he encountered in the copyright system when he argued a case before the Supreme Court, Eldred v. Ashcroft. 2 Just as an author can register a copyright in her original work of authorship, she is now free to "register" her Creative Commons in the same work to which she has affixed a copyright. Creative Commons reaches beyond U.S. copyright and is an active international movement. Because copyright and private laws vary from nation to nation, Creative Commons International (CCi) works on drafting country specific licenses. 3

U.S. copyright law provides the copyright owner with six exclusive rights: 1) to reproduce the work; 2) to prepare derivative works, compilations, and collective works; 3) to distribute copies; 4) to perform the work in public; 5) to display the work in public; and 6) to digitally transmit sound recordings. 4 These rights belong exclusively to the owner of the copyright. However, the owner of the copyright can decide to transfer to another entity through gift or sale ...
 
 
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