Constructing Commons in the Cultural Environment

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Constructing Commons in the Cultural Environment is a 2010 journal article by MJ Madison, BM Frischmann, KJ Strandburg and published in Cornell Law Review,.

[edit] Abstract

This Article sets out a. framework for investigating sharing and resource-pooling arrangements for information- and knowledge-based works. We argue that adapting the approach pioneered by Elmor Ostrom and her collaborators to commons arrangements in the natural environment provides a template for examining the construction of commons in the cultural environment. The approach promises to lead to a better understanding of how participants in commons and pooling arrangements structure their interactions in relation to the environments in which they are embedded, in relation to information and knowledge resources that they produce and use, and in relation to one another Some examples of the types of arrangements we have in. mind are patent pools (such as the Manufacturer's Aircraft Association), open source software development projects (such as Linux), Wikipedia, the Associated Press, certain jamband communities, medieval guilds, and modern research universities. These examples are illustrative and far from exhaustive. Each involves a constructed cultural commons worth of independent study, but independent studies get us only so far. A more systematic approach is needed. An improved understanding of cultural commons is critical for obtaining a more complete perspective on intellectual property doctrine and its interactions with other legal and social mechanisms for governing creativity and innovation, in particular, and information and knowledge production, conservation, and consumption, generally. We propose and initial framework for evaluating and comparing the contours of different commons arrangements. The framework will allow us to develop an inventory of structural similarities and differences among cultural commons in different industries, disciplines, and knowledge domains and shed light on the underlying contextual reasons for such differences. Structural inquiery into a series of case studies will provide a basis from developing theories to exploan the emergence, form, and stability of the observed variety of cultural commons and eventually, to design models to explicate and infrorm institutional desing. The proposed approach would draw upon case studies from a while range of disciplines Among other things, we argue that theoretical apporaches to constructed cultural and use of pooled resources, internal licensing conditions, management of external relationships, and institutional forms, along with the degree of collaboration among members, sharing of human capital, degrees of integration among participants, and any specified purposed to the arrangement.

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