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Article: Copyright Issues with the 'Black Hole' Image and Their Legal Implications

TitleCopyright Issues with the 'Black Hole' Image and Their Legal Implications
Authors
Issue Date2020
PublisherYeshiva University Benjamin N. Cardozo School of Law.. The Journal's web site is located at http://www.cardozoaelj.com/
Citation
Cardozo Arts and Entertainment Law Journal , 2020, v. 38:1, p. 55-83 How to Cite?
AbstractThe release of the world’s first-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled. This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image’s copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a Creative Commons 4.0 Attribution license cannot guarantee public access because it can be changed at any time to a more restrictive license. This Article concludes that only by leaving the black hole image in the public domain can copyright’s objective of increasing public access to creative works and promoting scientific progress be achieved.
Persistent Identifierhttp://hdl.handle.net/10722/293365

 

DC FieldValueLanguage
dc.contributor.authorLi, Y-
dc.date.accessioned2020-11-23T08:15:41Z-
dc.date.available2020-11-23T08:15:41Z-
dc.date.issued2020-
dc.identifier.citationCardozo Arts and Entertainment Law Journal , 2020, v. 38:1, p. 55-83-
dc.identifier.urihttp://hdl.handle.net/10722/293365-
dc.description.abstractThe release of the world’s first-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled. This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image’s copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a Creative Commons 4.0 Attribution license cannot guarantee public access because it can be changed at any time to a more restrictive license. This Article concludes that only by leaving the black hole image in the public domain can copyright’s objective of increasing public access to creative works and promoting scientific progress be achieved.-
dc.languageeng-
dc.publisherYeshiva University Benjamin N. Cardozo School of Law.. The Journal's web site is located at http://www.cardozoaelj.com/-
dc.relation.ispartofCardozo Arts and Entertainment Law Journal -
dc.titleCopyright Issues with the 'Black Hole' Image and Their Legal Implications-
dc.typeArticle-
dc.identifier.emailLi, Y: yali@hku.hk-
dc.identifier.authorityLi, Y=rp01260-
dc.identifier.doi10.2139/ssrn.3455073-
dc.identifier.hkuros318998-
dc.identifier.volume38:1-
dc.identifier.spage55-
dc.identifier.epage83-
dc.publisher.placeUSA-

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