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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.

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