Creative Commons and the Balance of Interests in Authors’ Rights/Copyright
Disclaimer: This article showcases community scholarship, written independently by a member of the Creative Commons community. It has not been edited by Creative Commons staff. Parts of it may differ from the positions and interpretations of Creative Commons itself and should not be deemed an official position of the organization.
A Master’s Thesis (in Arabic) by Rafic Chaker Hachem, supervised by Prof. Pierre Youssef El Khoury.
Abstract: Striking the Balance: Creative Commons and the Evolution of Copyright in the Digital Age Introduction. In the age of rapid
technological advancements, the realm of intellectual property rights has faced unprecedented challenges. As society embraces the digital revolution, traditional copyright laws struggle to keep up with the evolving landscape of knowledge dissemination and creative content.
Recognizing the need for a paradigm shift, Creative Commons emerged as a beacon of innovation, proposing a unique copyright framework founded on the principle of “Some Rights Reserved”. In this groundbreaking
Master’s thesis, Rafic Chaker Hachem explores the evolution, application, and impact of Creative Commons licenses in various countries, shedding light on their potential to bridge the gap between copyright
owners and the public’s right to access knowledge.
A Delicate Balance: The thesis embarks on a journey through the rich history of intellectual property rights, highlighting the emergence of two conflicting doctrines: “copyleft” or “no rights reserved”, and “all rights reserved”. Faced with this dichotomy, Creative Commons sought to reconcile these opposing perspectives by introducing a comprehensive set of international standard licenses. These licenses, encapsulated in four fundamental elements, paved the way for the creation of six distinct Creative Commons license types. By exploring these licenses and their adoption by influential platforms like YouTube, Wikipedia, and Archive.org, the thesis examines the ongoing debate surrounding their effectiveness and complexity.
Navigating Complexity: While Creative Commons licenses have garnered praise for their innovative approach, they have also faced criticism for being overly intricate and challenging to enforce within existing copyright laws. The thesis delves into these complexities and examines their impact on the balance of interests between authors and the public. Noteworthy developments, such as the adoption of Creative Commons licenses by the World Intellectual Property Organization (WIPO) and certain official department websites in Lebanon, underscore the practical significance of Creative Commons in the global intellectual property landscape.
Addressing Crucial Legal Issues: At the heart of this thesis lies a fundamental question: Can the Creative Commons project effectively maintain the balance of interests between authors and the public in the context of the digital revolution? To answer this question, the thesis analyzes the project’s licenses, tools, and their interaction with diverse intellectual property systems. It explores challenges such as recognition, conflicts of laws, the legal nature of Creative Commons licenses, and the protection of authors’ moral rights. The thesis emphasizes the need for intervention from legislative bodies, both international and local, to address these challenges and ensure official recognition of Creative Commons.
Building a Unified Future: In its concluding remarks, the thesis recognizes the instrumental role played by the Creative Commons project in shaping contemporary international legislation. Beyond analysis, it provides actionable recommendations to strengthen the Creative Commons framework, enabling it to effectively navigate the complexities of the digital age. By offering suggestions for improvement, the thesis aims to contribute to the ongoing evolution and refinement of Creative Commons, ensuring its continued relevance and effectiveness in the ever-changing landscape of intellectual property and digital innovation.
In this thought-provoking Master’s thesis, Rafic Chaker Hachem uncovers the transformative potential of Creative Commons licenses, shedding light on their role in striking a balance between the rights of authors and the public’s access to creative works. With the guidance of esteemed supervisor Prof. Pierre Youssef El Khoury, this research provides valuable insights into the future of copyright in the digital age. As we navigate the uncharted waters of intellectual property rights, Creative Commons stands as a beacon of hope, championing the harmonious coexistence of innovation and accessibility.
Keywords: Creative Commons, Creative Commons Licenses, Balance of interests, Authors' rights, Copyright, Intellectual property, Electronic and technological revolution, Digital revolution, Public access, Knowledge dissemination, Some Rights Reserved, Copyright licenses, Public licenses, Attribution right, Information policy, Freedom in information, Access to knowledge, Droit d’auteur, Arbitration, Lebanon, Lebanese intellectual property law, France intellectual property law, United States of America copyright law, Creativity, Innovation.
Read the full thesis in Arabic: https://creativecommons.org/wp-content/uploads/2024/06/رفيق-شاكر-هاشم-المشاع-الإبداعي-وآثاره-على-ميزان-المصالح-في-ضوء-قوانين-الملكيّة-الفكريّة-الرسالة-النّسخة-الإلكترونيّة-الأخيرة-ا.pdf
Author: Rafic Chaker Hachem
Supervisor: Prof. Pierre Youssef El Khoury
