Author of machiavelli.net, proud father of three, interested in shaping network society. Welcome to my blog.Bottling Creativity
Pam Samuelson has just posted a new article on copyright reform. She criticizes the complexity, incomprehensibility, and imbalance of the Copyright Act of 1976 and outlines a the core principals of any intellectual property regime that could be used as a blue print for reform (7). How we conceptualize and legally frame creativity makes up a very important part of network society. Therefore an understanding of the basics of intellectual property regimes is important to anybody who wants to shape the institutional ecology of tomorrow.
The core elements of an IP regime, as I have articulated them, include:
1. a statement of the subject matter(s) that a particular IP regime may be used to
protect (i.e., what kinds of intellectual creations are eligible for protection);
2. eligibility criteria for specific people and works:
a. who is eligible for any IP right that might exist?
b. what qualitative or other standards does a particular instance need to
satisfy to qualify for those IP rights?
c. what if any procedures need to be followed to obtain the rights (or
effectively maintain them)?
3. a set of exclusive rights (this is what the IP owner owns);
4. a duration for the exclusive rights;
5. a set of limitations and/or exceptions to those exclusive rights;
6. an infringement standard;
7. a set of remedies against those who infringe
