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Copyright, Contracts, Creators

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Copyright, Contracts, Creators
By
Giuseppina D’Agostino
Recycling existing works in new media is an age-old recurrence that continues to
challenge copyright law and its future. This book evaluates the efficacy of current
copyright law to address the contracting of creative works in the digital era. It looks in
particular at freelance works and argues that their copyright treatment on a national and
international level is inadequate to resolve ambiguities in the copyright contracting of
new uses. The author discusses how this was not always the case, and that historically laws
and courts were more sympathetic to creators.
Given the present imbalanced bargaining
between authors and publishers, and the lack of express and adequate legislation, a
new theoretical framework is proposed to justify legislative provisions. Other judicial
interpretive principles and industry mechanisms are also suggested to address the
inadequate treatment of freelance work.
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