The influence of cc (creative common) contracts on intellectual and legal relations of a cross-border nature

Ismailov Ruslan Akifogly

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 rights, user-generated content, Creative Commons, public domain