La justification du droit d'auteur dans l'environnement numérique
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.
Source Type:Master's Thesis
Date of Publication:10/01/2006