Beyond the Creative Commons Framework for Production and Dissemination of Knowledge

University essay from Lunds universitet/Juridiska institutionen

Abstract: This thesis is about the licensing system of the Creative Commons discussed from the perspective of the theory of the commons mostly as formulated by Elinor Ostrom. The work is started by describing the concepts and theory of common pool resources and regime of the commons for production and distribution of these resources. The main characteristics for successful traditional commons – efficiency, equity and sustainability are taken as the basis for an analysis of an example of a new form of commons – the commons for production and dissemination of information. The framework of the Creative Commons is analysed in detail as an example of such commons. It is chosen because of its popularity and scope of inclusion. The question of effectiveness is answered using ideas from the field of economics on different ways of production of information and the maximization of its value for society. The equity is assessed using international human rights as a universal standard of equity in national and international communities. Sustainability of the Creative Commons is assessed comparing it to other movements of the commons for information that are older and seemingly better established. Special emphasis is given to the strength and structure of communities these frameworks give basis to. The work does not claim to answer if the Creative Commons is the best tool for commons of information, but merely to assess it from selected perspectives. The conclusions of this thesis show that the framework of Creative Commons has its problems, but nevertheless is a good starting point to create commons for information (especially for cultural works). Some suggestions that could make this framework even stronger and more sustainable are made in the very end of the work.

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