Copyright law and the promotion of scientific networks: some reflections on the rules on co-authorship in the EU

Giulia Priora

doi:10.4337/qmjip.2019.02.05

Abstract

In the digital era the co-creation of content by several authors has become easier in a number of ways. Networks, the symbol of today's information society, are reshaping and supporting our communication, education, creativity and professional development. Embracing the prospective of co-creators, this paper aims to provide a new insight into the on-going debate on the effectiveness of copyright rules in the European Union (EU). The focus lies on the scientific sector, which offers both empirical evidence of the co-production phenomenon and specific policy goals set by the EU legislator with regard to collaborative knowledge production. The analysis shows how the EU copyright framework neither includes a comprehensive body of harmonized rules on co-authorship nor displays prospective plans to do so, while the related national regulations present highly diverging approaches. The paper highlights how the impact of this regulatory inhomogeneity is increasingly at odds with the policy objective of a collaborative and high-profile European Research Area, thus calling for a more substantial harmonization under an inclusive definition of co-author and an enhanced valorization of joint endeavours in the networked system of production of knowledge.

Highlights

In the post-industrial era technological advancement, human effort and effective regulations remain key ingredients for economic development
Starting from observation of the network society, in which, facilitated by the evolving digital technologies, individuals have better and facilitated chances to co-create, this analysis has tackled the legal construct of co-authorship to inquire whether copyright rules within the European Union (EU) are responding effectively to the changes occurring in the creative industries
The paper has shown that multiple authorship is envisioned at the international and EU level, yet is not addressed by a substantial body of uniform copyright rules, and related national provisions vary significantly

Summary

INTRODUCTION

In the post-industrial era technological advancement, human effort and effective regulations remain key ingredients for economic development. The European Union’s (EU) legislator fully embodies this twofold attitude, as it turns the initial enthusiasm for the economic benefits of the digital technologies into a more sectorial and cautious analysis of online market behaviours.[8] From the particular perspective of copyright law – the legal discipline playing the most pivotal role in the creative industry – the digital transformations occurring within the network society carry two striking implications: on the one side, a massive increase in the demand for content and, on the other, exacerbated difficulties in the enforcement of copyright holders’ exclusive rights in the online environment.[9] These two most immediate (yet, not sole) effects represent the vast majority of the legal issues raised and decided upon. While new online business models were exponentially growing, the attention on the promotion of investments moved to the rights and obligations of the digital market actors In this vein, the European Commission complemented its digital agenda with specific guidance related to the collaborative economy and an on-going reform of copyright rules. Supporting data about the expansion of the co-production of scientific knowledge will be provided, building an up-to-date assessment of the legislation on co-authorship and inquiring whether more substantial EU harmonization is needed to better pursue the policy goal of an effective and collaborative European Research Area

THE LACK OF SUBSTANTIAL HARMONIZATION OF RULES ON CO-AUTHORSHIP

STRICT AND BROAD APPROACHES TO CO-AUTHORSHIP AT NATIONAL LEVEL

THE EXPANSION OF THE CO-PRODUCTION OF SCIENTIFIC KNOWLEDGE

HARMONIZING EU CO-AUTHORSHIP RULES FOR AN EFFECTIVE EUROPEAN RESEARCH AREA

CONCLUSIONS