CAN FORMALITIES SAVE THE PUBLIC DOMAIN? RECONSIDERING FORMALITIES FOR THE 2010S.

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  • Author(s): Elkin-Koren, Niva
  • Source:
    Berkeley Technology Law Journal. Symposium 2013, Vol. 28 Issue 3, p1537-1564. 28p.
  • Additional Information
    • Subject Terms:
      FORMALITIES (Law); PUBLIC domain (Copyright law); COPYRIGHT restoration; DIGITIZATION; DIGITAL control systems
    • Abstract:
      The article revisits some of the arguments supporting formalities as a way to promote public domain and critically analyzes the justifications for reintroducing formalities. It describes the basic shifts in generating and sharing digital content that may call for caution in restoring formalities and reexamines the rationale of formalities in light of the changes. It focuses on the legal challenges in promoting a voluntary strategy of formalities for the digital ecosystem.