
Creativity and copying - how innovation really happens
The broad inclusiveness of the current copyright regime is justified by its purported benefit to the creative class, yet the broad inalienable rights create a “tragedy of the anticommons” wherein the presence of too many rights-holders is frustrating the outcome that would maximize utility for society.
User-generated content (“UGC”) is ubiquitous on the Internet. Sites develop around providing users a platform to upload their creations. Yeah, well, technically a lot of that stuff’s illegal. Modders, mixers, or makers of machinima may participate in the free exchange of creative material, yet strict application of copyright law may criminalize them as willful infringers…