UDC 34.06
DOI: 10.36871/ek.up.p.r.2022.09.02.014
Authors
Ruslan A. Ismailov
St. Petersburg State University of Economics, St. Petersburg, Russia
Abstract
The practice of exchanging works free from traditional legal disclaimers aims to mark both ideological
and systemic distance from the exclusive proprietary regime of copyright. Positive public engagement in creative
action is a defining feature of a transformative culture in the digital realm that encourages creative collaboration
among multiple people, without any constraints in space or time. IP regimes are contrary to this practice.
This article will address the intellectual property issues that arise in connection with a transformative culture.
Take the example of Creative Commons licenses and their interaction with internationally recognized intellectual
property rights. We conclude that the chilling implications of this legal uncertainty surrounding IP enforcement may
be detrimental to copyright in general, but that IP rights can still represent a strong defense mechanism against
today's risks associated with digitally transformative creativity.
Keywords
intellectual property right, user-generated content, Creative Commons, public domain
