Year: 2025
Type: book-chapter
Abstract: This chapter examines how copyright’s bargain is broken when compared against its incentive and rewards rationales. Copyright grants far exceed what is necessary to incentivise initial production and ongoing investments, and the rewards from creative labour do not filter down to the creators copyright was designed to protect. It then shows how reverting copyright to creators after it has been assigned or licensed, mainly through legal mechanisms, can help address these problems, before examining some of the main arguments against reversion rights (e.g. that it unduly imposes upon the freedom of parties to enter into contractual relationships).
Authors: Joshua Yuvaraj, Rebecca Giblin
Institutions: University of Auckland, The University of Melbourne
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4414316969