Drept de autor, creative commons sau fair – use? O pledoarie pentru accesul liber la opere?
Copyright, creative commons or fair use? A plea for free access to works?

Summary/Abstract: In a world increasingly dominated in various aspects of life by the conflict between the general and the private interest, we also see in the field of copyright a worldwide trend towards uniform regulation of the legislative aspects on the one hand, and on the other hand to allow the use of protected works by anyone for the advancement of art and culture. Technology has changed the copyright paradigm, with creative works increasingly found online. Power and control generate endless debates. Authors' works have to do with the provisions of the law, remuneration for profit or the right of access. The use or distribution of the work is regulated by national laws, some taking into account authorship and creativity, others adding the need for artistic and cultural development of society (promoting the progress of science and art as a way of accomplishing the public interest). As long as the term of protection of the author's work has not expired, the author is entitled to enjoy moral and economic rights, and can consent to various forms of use of his or her creations. Obviously, we have to take into account the exceptions and limitations of copyright, fair and equitable use, which allow access to the cultural heritage, which is to the public's benefit. When the term of copyright expires, the work falls into what we call the public domain. Another aspect that has raised interest is access to works protected by copyright, by sharing them voluntarily for certain categories of users and under certain special conditions. We refer to free, open source licenses – Creative Commons.

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