ABSTRACT
The original goal of copyright, as embedded in both international and national legal frameworks, has been to foster creativity and the arts by providing a temporary monopoly for the creator over her works, as well as certain conditions for access to these works that permit follow-up innovation and the distribution of knowledge and culture. The balance of rights has always been precarious and doubts about the proper functioning of copyright systems as a true engine for creativity existed. The digital age, with its incredible technological affordances and low threshold of participation, has trigged both concerns for massive copyright infringement and unprecedented opportunities for creative work. Legal systems have adapted over time to reflect this technological change, yet the jury is still out on whether these adjustments were appropriate and in line with copyright’s original goal. The chapter discusses these newer developments in copyright law. It then looks in particular at the role of digital intermediaries as critical actors in the new creative space and exposes the dangers that recent legal initiatives may pose to creativity through the private power of platforms, the use of algorithms and possible limitations to access to and use of creative and artistic works. The chapter ultimately asks whether there are copyright models that can better foster contemporary creativity and the arts.
Burri, Mira, Copyright as an Engine for Creativity: A Critical Appraisal of Contemporary Developments in Intermediaries’ Liability Regulation (February 21, 2022). Forthcoming in: Yuha Jung, Neville Vakharia and Marilena Vecco (eds), The Oxford Handbook of Arts and Cultural Management (Oxford University Press, 2022).
First posted 2022-04-06 07:00:09
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