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    Copyright, the creative industries, and the public domain

    Macmillan, Fiona (2013) Copyright, the creative industries, and the public domain. In: Jones, C. and Lorenzen, M. and Sapsed, J. (eds.) Oxford Handbook of Creative Industries. Oxford, UK: Oxford University Press. ISBN 9780199603510.

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    This article argues that copyright’s commodification of creativity has established a structure that, allied with aspects of the market for cultural goods and services, enables the domination of cultural output by the creative industries. The article argues that the primary tools of the commodification process have been the alienability of the copyright interest, the long duration of copyright, its horizontal expansion, its strong distribution rights, and the apparent demise of some of the most significant user rights. The consequent dominance of the creative industries over cultural output has had the effect of contracting the public domain and potentially restricting creativity. The article focuses on the question of available legal strategies for preserving, or even reclaiming, a portion of the public domain order to address the negative effects of the commodification process.


    Item Type: Book Section
    Keyword(s) / Subject(s): creative industries, copyright, commodification, creativity, public domain
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Research Centres and Institutes: Innovation Management Research, Birkbeck Centre for
    Depositing User: Administrator
    Date Deposited: 20 Jan 2014 10:53
    Last Modified: 02 Aug 2023 17:09


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