Considerations for creative commons : an examination for motivations of adoption or non-adoption of creative commons licenses

This paper proposes an examination of Creative Commons (CC) licensing and considerations for adoption or non adoption among musicians. According to the Creative Commons Web site, the licenses were created to work alongside current copyright law allowing rights holders a “some rights reserved” copyright (“What is CC?”, Creative Commons, 2010). However, despite its current uptick in adoption, many remain hesitant and refuse to adopt the licenses to protect their work. Moreover, for those who have adopted the licenses, little is known about why they chose to adopt the licenses. Thus, the study answers the need for further research in understanding why musicians choose to use or not to use CC licenses. The study attempts to answer the following question: What considerations determine whether musicians adopt CC licenses for their work? In the pages that follow, I survey the historic and current position of copyright law. Specifically, the paper begins by problematizing current copyright law by demonstrating its economic and social inefficiencies in light of new advancements in technology. In other words, current copyright favors incumbent cultural industries who demand increased economic incentives at the expense of the public’s right to access these works. Moreover, it favors existing content holders who insist on creating laws that retain maximum control over their property. It then questions whether Creative Commons licenses can successfully reconcile these inefficiencies. Moreover, the overarching goal of this research is to examine the perceived viability of these licenses and to consider whether current advocacy efforts adequately address concerns of potential adopters. It analyze information gathered from multiple in-depth interviews of musicians who have and have not adopted the licenses. It will also examine advocacy efforts. The study hopes to contribute qualitative data that will shape future discussions on copyright, culture and new technologies by considering adequacies and or inadequacies of current licenses & advocacy efforts.