Authors: Giulia Priora – Postdoctoral researcher, Institute of Law Politics and Development, Sant’Anna School of Advanced Studies Pis, Caterina Sganga – Associate Professor, Institute of Law Politics and Development, Sant’Anna School of Advanced Studies Pisa, Arianna Martinelli – Associate Professor, Institute of Economics, Sant’Anna School of Advanced Studies, Pisa
Social Structures
Today more than ever, digital technologies are revolutionizing the ways we express our creativity, access culture, information, and knowledge. Technology and, in particular, the Internet have the potential to bring an unprecedented democratization of our practices related to both the production and consumption of music, literature, news, movies, and so many other intellectual and artistic works. However, the reality still presents considerable uncertainties and profound inequalities: among the main obstacles to a sound democratization of creative and cultural processes are the complexity and obsolescence of laws and norms involved, the lack of awareness thereof, and a growing digital divide.
Copyright law is a fundamental building block in this shift towards digital creativity and digital access to culture. By protecting the creators’ exclusive rights to exploit their works and regulating the limits of such protection, copyright law essentially aims at striking a balance between the safeguard of creators and investors, on the one side, and end-users’ interests, on the other. The discipline boasts a long-standing European history, having started interacting and regulating the “offline” creative world over three centuries ago. The entry into the scene of digital technologies represents a significant disruption in the EU and national copyright legal frameworks as well as an opportunity to modernize the law.
We at reCreating Europe are working to facilitate the emergence of a new effective system of sustainable norms for digital copyright. We bring researchers, libraries, copyright experts, policymakers, and other stakeholders together in order to clarify what is needed for a regulatory framework which supports a culturally diverse production and an inclusive access and consumption of cultural goods. Today, which is the World Intellectual Property (IP) Day 2021, our project joins the IP community worldwide to celebrate the importance of copyright for fostering creativity, innovation, and growth, for promoting access to knowledge, and achieving cultural and creative diversity.
For us, IP does not just stand for intellectual property, but also for inclusiveness project. Modern intellectual property was born to include, not just to exclude. With our research and activities, we want to help legislators and the market to make sure that digital copyright law remains inclusive for all the stakeholders involved. For all users, also the most vulnerable ones, to ensure access and accessibility. For individual authors and performers, no matter where they live and what they create, to ensure adequate remuneration and access to the market. For creative industries, from the smallest and most isolated creative community to the big company, treasuring all forms of cultural and creative contributions, in all corners of Europe. For cultural institutions, to empower their role of hubs of cultural democracy. And for intermediaries, to make them lawful catalysts of free expressions and not dark censors.
We study how copyright law tackles diversity in society, and, at the same time, how end-users – with their various characteristics, backgrounds, and preferences – respond to the law. Among our leading research lines we also pursue a specific focus on vulnerable users. We study the interplay between technology, digitalization, and regulation affects access to cultural goods for people belonging to ethnic or linguistic minorities and people with disabilities. Building on empirical data and legal analysis, we outline ways to ensure that the same opportunity to access for all citizens is deemed a prerequisite for a real democratization of culture and the development of shared European values.
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A culturally diverse, accessible, and creative Europe is possible. Happy World IP Day to everyone!
reCreating Europe has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement no 870626.