Copyright v. Copyleft: A Feminist Perspective on Marginalization under Copyright Laws

Copyright v. Copyleft: A Feminist Perspective on Marginalization under Copyright Laws

Volume 4 Issue 1 ()

Copyright law grants certain exclusive rights to the author of a work, aiming to encourage creativity. This article uses jurisprudential theory, particularly the feminist perspective, to bring out the fallacies in the existing copyright regime and advocates in favour of the emerging copyleft regime, which is against granting exclusive rights to the creator of the work. The article argues that copyright law is inadequate in incorporating the varied kinds of works of different and diverse sections of the society and promotes marginalization of oppressed groups. This exclusion flows from the basic fact that copyright is based on a patriarchal structure. On the other hand, the copyleft regime is based on both masculine and feminine values, and therefore, is a better regime to challenge the existing marginalization.

Cite as: Radhika Gupta, Copyright v. Copyleft: A Feminist Perspective on Marginalization under Copyright Laws, 4 NUJS L. Rev. 65 (2011)