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Identifying and analyzing current available legal models for voluntary sharing of content in Europe

Author(s)

Mélanie Dulong de Rosnay (Berkman Center for Internet & Society, Harvard Law School, U.S./CERSA, France)

Creative Commons (CC) licenses have been created in the context of United States copyright law. Their porting in continental Europe jurisdictions revealed differences between the two legal systems and cultures, such as the role of collecting societies, the status of certain performances and displays in public places, database rights, liability and warranties.
CC licenses can also be interpreted as the expression of the personality of the author. Attribution is generalized. The Non Derivative Works option, the reputation and the non-endorsement clauses corresponds to the moral right of integrity. Contributing to the commons or reserving commercial rights express the right of destination.
Beyond differences between Common law copyright and Roman-German contract law and droit d’auteur, CC licenses can finally be interpreted as an example of global law reflecting the nature of intellectual or personal rights at the digital age, a cultural norm evolving with communities practices.

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