About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

12 Theoretical Inq. L. 309 (2011)
Tailoring Copyright to Social Production

handle is hein.journals/thinla12 and id is 317 raw text is: Tailoring Copyright to
Social Production
Niva Elkin-Koren*
The prevalence ofsocial production and the increase in User Generated
Content (UGC) destabilize some of the fundamental premises of our
current copyright law. Copyright law is primarily designed to regulate
the relationships of a single owner with other non-owners and is
focused on the sovereignty of the author/owner Social production, by
contrast, requires us to articulate a matrix of relationships between the
individual, the facilitating platform and the communities and crowds
involved in social production. The transitionfrom industrial production
to social production transforms the social relations associated with
the production of content and therefore requires adjustment of the
institutions that design such relations.
This Article closely examines the social dimension of content
production and analyzes the consequences for the governance of
content in the social web. The Article proceeds as follows: Part I
describes social production and analyzes the implications for the
stakeholders involved. Ifocus on three key features of social production
which affect why we create, how we create, and what assets are
generated by the process of creation. Part II explains why social
production might be incompatible with the current copyright regime.
In particular I argue that copyright law mainly defines rights against
strangers and fails to provide aframework for managing the rights and
interests within a gigantic group of collaborators. Furthermore, the
Dean and Professor of Law, University of Haifa Faculty of Law; Director, Haifa
Center for Law and Technology. Thanks to Gaya Bernstein, Michael Birnhack,
Gabriella Coleman, Rochelle Dreyfuss, Helen Nissenbaum, Katherine Strandburg,
Diane Zimmerman, and the participants of the conference on Copyright Culture,
Copyright History held by the Cegla Center at Tel Aviv University, January 2010,
the Global Cafe at the NYU Institute of Public Knowledge, and the Colloquium
on Information Technology and Society (ITS Colloquium) at the Information Law
Institute, NYU School of Law for their helpful comments. Thanks to Miran Eliyahu
for research assistance.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most