Legal implications of open licenses

Author:Monica Adriana Lupa?cu
Position:PhD Student, Faculty of Law, 'Nicolae Titulescu' University of Bucharest, (e-mail: monica.lupascu@cyberlaw.ro).
Pages:64-73
LESIJ NO. XXIII, VOL. 2/2016
LEGAL IMPLICATIONS OF OPEN LICENSES
Monica Adriana LUPACU*
Abstract
This paper studies the Creative Commons and GPL open licenses from the perspective of some
of their legal implications. The social inter est that has lead to the creation of these types of licenses is
being studied, as well as their relationship with the public domain. The scope of the paper is to find out
to what extent appertaining to the Crea tive Commons or GPL licensing system ca n assure the
protection necessar y for the social interest of accessibility.
Keywords: Crea tive Commons, General P ublic License, copyright, open licenses, public
interest, public domain
Introduction
The field covered b y this study is
intellectual p roperty, respectively, the field
of copyright. The study is focused on the
analysis of accessibility as an extremely
important form of social interest in the
current society, which justifies the
reconfirmation of the right of access to
works belonging to rights holders. From this
perspective, the model of the open licenses
whose analysis allows the identification of
the forms of protection meant to support the
public interest corresponding to accessibility
is relevant. Also mentioned, are some of the
legal implications of belonging to open
licenses, including from the perspective of
the common points that these contracts with
the public d omain present. The relationship
with the public domain is important because,
in the case of this sphere of works, the
existence of the right of access i s the most
obvious, but the arguments retained in this
paper are valid in regards to any other
context in which the right of access may be
* PhD Student, Faculty of Law, ”Nicolaeă Titulescu”ă Universityă ofă Bucharest,ă (e-mail:
monica.lupascu@cyberlaw.ro).
1
James Boyle,ă“TheăPublicăDomaină– EnclosingătheăCommonsăofătheăMind”,ă2008,ăp.182.
found, therefore including in the case of
copyright limitations a nd exceptions
conferred by the current legislation.
The public interest that justified the
appearance of open licenses
James B oyle
1
, o ne of the members if
the Creative Commons council, identifies
what could be a short history of CC licenses
and of what justified the development of this
open licensing system.
Once copyrighted, the work is
protected by the full might of the legal
system. And the legal system’s default setting
is that all rights are reser ved to th e author,
which means effectively that anyone but the
author is forbidden to copy, ada pt or
publicly perform the work. This might have
been a fine rule for a world in which there
were high bar riers to publica tion. The
material that was not published was
theoretica lly under an all rights reserved,
but who cared? It was practica lly
inaccessible anyway. After the development

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