Abstract
This article examines the potential and limitations of blockchain technology and blockchain-based smart contracts in relation to copyright. Copyright has long been enforced through technological means, specifically Digital Rights Management. With the emergence of blockchains, many are now predicting a new era regarding the administration and enforcement of copyright through computer code. The article introduces the technology and related potential and limitations while stressing its capacity to act as a form of normative ordering that can express public or private objectives.
Highlights
Law and technology have a complex relationship
Moscon sophistication of blockchain technology as well as blockchain-based smart contracts, some perceive a new wave of technological transmutation on the horizon that could have a lasting influence on copyright law
Digital Rights Management systems (DRM) as a matter of fact essentially may annihilate legally recognized protections such as exceptions and limitations in the EU and fair use under US copyright law.[6]. As these problematic aspects of DRM attract wide consensus, blockchains and blockchain-based smart contracts are ever more frequently portrayed as the saving grace capable of using technology to enforce copyright law in a better and more balanced manner
Summary
Law and technology have a complex relationship. Technology shapes legal development, while it is shaped by law. DRM as a matter of fact essentially may annihilate legally recognized protections such as exceptions and limitations in the EU and fair use under US copyright law.[6] As these problematic aspects of DRM attract wide consensus, blockchains and blockchain-based smart contracts are ever more frequently portrayed as the saving grace capable of using technology to enforce copyright law in a better and more balanced manner. Before introducing blockchain and blockchain-based smart contracts we chart the impact of digital rights management on copyright law taking into consideration the regulation provided for by international copyright treaties These treaties opened up a tension between public and private ordering in the copyright law domain that has been replicated in national legislations. While looking at the prospects of application of blockchain technologies in the copyright domain we evaluate them in relation to supporting an efficient and transparent administration of copyright and neighboring rights
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: IIC - International Review of Intellectual Property and Competition Law
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
