Copyright as an Engine for Creativity

Abstract

Abstract The original goal of copyright, as embedded in 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 there have been doubts about the proper functioning of copyright systems as a true engine for creativity. The digital age, with its incredible technological affordances and low threshold of participation, has triggered 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. This chapter discusses these newer developments in copyright law by looking in particular at the role of digital intermediaries as critical actors in the new creative space. The chapter takes the case study of EU copyright reform and exposes the dangers that these 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. While such a change in the regulatory environment may appear somewhat distant from the domain of arts and cultural management, the chapter argues that this indeed is not the case and the implications are of a real and immediate nature.