La justification du droit d'auteur dans l'environnement numérique

by Torrijos Alföldi, Éléna

The technical advances characterising the digital revolution do modify relations within society. This revolution is without dispute the basis of a complete change in the character of artistic creation. The arrivaI of new mass media such as the Internet allows works of art to be spread regardless of space and time boundaries. Technical miracles defying even the most unrealistic dreams are added to this context. Authors' rights are confronted to new technologies which are continually changing. In response to this, digital rights management has appeared as the most appropriate solution: it is a case of technology confronting technology. This approach has necessarily influenced legislative initiatives and led to an overhaul of the legal framework in North America as weIl as in Europe. Ras this recent wave of laws changed the conception of authors' rights? Authors' rights thus appear as an instrument for the economic metamorphosis of authors' rights. Authors' rights become lost and dissolve not only through cross influence with copyright but particularly through the proliferation of rights for the benefit of persons other than authors. In the face of such an acknowledgement, it is of the utmost importance to look into the economical opportunity offered by authors' rights. Raven't aIl these reforms been implemented for a financial stake? An economical analysis becomes essential in order to determine to what extent market law is affected. Is it possible, in regard to the economical analysis, to optimize the law for the protection of authors' rights? As useful property destined to circulate, the logic of investment appears to dominate. The case of the music industry is a prime example: as the competition opens up, a new mode! for the exploitation ofworks of art is initiated.