Will Technology-Aided Creativity Force Us to Rethink Copyright’s Fundamentals? Highlights from the Platform Economy and Artificial Intelligence

Abstract

AbstractThe platform economy, the move towards artificial intelligence (AI) and the growing importance of new creative and transformative technologies such as 3D printing raise questions as to whether copyright law suffices in its present form. Our article argues that copyright law is malleable enough to fulfil some of its traditional functions in this new technology-aided (and technology-dominated) environment. However, certain adjustments and complementary instruments seem to be necessary to revitalise these functions. For example, moral rights could be more effectively harmonised at international level, and made more easily enforceable, to reflect the global reach of social media and to protect their essential reputational value in a digital economy that prioritises online exposure over remuneration opportunities. We also consider that creators’ rights are difficult, if not impossible, to license and enforce in an environment where contractual practices such as social media terms and conditions impose standard agreements that either do not compensate creators at all or compensate them only marginally. In this context, restoring the bargaining power of creators through the right of access to the platforms’ data seems to have become as important as copyright itself. Finally, doubts remain as to whether requirements such as authorship and originality can continue to apply and trigger copyright protection. To this end, we believe that the distinction between fully generative machines and other technologies that merely assist human creators is essential for the proper identification of “authorless” works. For such works we advocate the adoption of a very short right that would support computational creativity without stifling human ingenuity.