New Media, New Rules
Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. 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 contracting and uses of the work. Giuseppina D’Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favor owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work.