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Public good theory: a theoretical justification for permissive licence to use and re-use orphan works

This paper explored the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme that enables the use and re-use of orphan works in Malaysia. Orphan works are copyright-protected works with unloadable or unidentified right holders, and are curr...

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Main Authors: Muhamad Khair, Muhamad Helmi, Mohamad Hashim, Haswira Nor, Anagnostopoulou, Maria
Format: Article
Language:English
Published: UUM Press 2021
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/28844/1/UUMJLS%2012%2001%202021%20179-197.pdf
https://repo.uum.edu.my/id/eprint/28844/
https://doi.org/10.32890/uumjls2021.12.1.8
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spelling my.uum.repo.288442022-08-30T09:11:56Z https://repo.uum.edu.my/id/eprint/28844/ Public good theory: a theoretical justification for permissive licence to use and re-use orphan works Muhamad Khair, Muhamad Helmi Mohamad Hashim, Haswira Nor Anagnostopoulou, Maria K Law (General) This paper explored the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme that enables the use and re-use of orphan works in Malaysia. Orphan works are copyright-protected works with unloadable or unidentified right holders, and are currently on the rise due to the proliferation of unregistered, anonymous, and abandoned copyrighted works. The literature denotes the challenges arising from the difficulty faced by potential users in obtaining the permission for creative and innovative use of orphan works as required under the copyright law. Such challenges impede the potential use and re-use of orphan works for the purpose of knowledge dissemination, progress in the arts preservation, and digitization activities. This paper contributes to the current body of knowledge by canvassing two important issues. The first issue focused on the challenges faced by potential users to use and re-use orphan works in Malaysia. The second was Paul Samuelson’s Public Good Theory as a theoretical justification for permissive license to use and re-use orphan works. It is anticipated that a legislative reform grounded on Paul Samuelson’s Public Good Theory will spur grassroots innovations, creativity, and entrepreneurialism among members of the public. The permissive licensing scheme supports global calls for legislative reform of the copyright law to facilitate the use and re-use of orphan works. UUM Press 2021 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/28844/1/UUMJLS%2012%2001%202021%20179-197.pdf Muhamad Khair, Muhamad Helmi and Mohamad Hashim, Haswira Nor and Anagnostopoulou, Maria (2021) Public good theory: a theoretical justification for permissive licence to use and re-use orphan works. UUM Journal of Legal Studies (UUMJLS), 12 (01). pp. 179-197. ISSN 2229-984X https://doi.org/10.32890/uumjls2021.12.1.8
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Muhamad Khair, Muhamad Helmi
Mohamad Hashim, Haswira Nor
Anagnostopoulou, Maria
Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
description This paper explored the adoption of Paul Samuelson’s Public Good Theory as a theoretical justification for a permissive licensing scheme that enables the use and re-use of orphan works in Malaysia. Orphan works are copyright-protected works with unloadable or unidentified right holders, and are currently on the rise due to the proliferation of unregistered, anonymous, and abandoned copyrighted works. The literature denotes the challenges arising from the difficulty faced by potential users in obtaining the permission for creative and innovative use of orphan works as required under the copyright law. Such challenges impede the potential use and re-use of orphan works for the purpose of knowledge dissemination, progress in the arts preservation, and digitization activities. This paper contributes to the current body of knowledge by canvassing two important issues. The first issue focused on the challenges faced by potential users to use and re-use orphan works in Malaysia. The second was Paul Samuelson’s Public Good Theory as a theoretical justification for permissive license to use and re-use orphan works. It is anticipated that a legislative reform grounded on Paul Samuelson’s Public Good Theory will spur grassroots innovations, creativity, and entrepreneurialism among members of the public. The permissive licensing scheme supports global calls for legislative reform of the copyright law to facilitate the use and re-use of orphan works.
format Article
author Muhamad Khair, Muhamad Helmi
Mohamad Hashim, Haswira Nor
Anagnostopoulou, Maria
author_facet Muhamad Khair, Muhamad Helmi
Mohamad Hashim, Haswira Nor
Anagnostopoulou, Maria
author_sort Muhamad Khair, Muhamad Helmi
title Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
title_short Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
title_full Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
title_fullStr Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
title_full_unstemmed Public good theory: a theoretical justification for permissive licence to use and re-use orphan works
title_sort public good theory: a theoretical justification for permissive licence to use and re-use orphan works
publisher UUM Press
publishDate 2021
url https://repo.uum.edu.my/id/eprint/28844/1/UUMJLS%2012%2001%202021%20179-197.pdf
https://repo.uum.edu.my/id/eprint/28844/
https://doi.org/10.32890/uumjls2021.12.1.8
_version_ 1743109910129803264
score 13.211869

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