Digital copyright and value added information services1

Abstract

Digital information technologies have led to a dramatic change in the production, reproduction and dissemination of information products. The legal framework for this change is largely provided by copyright. However it is still rather uncertain how copyright should react to the technological and corresponding economic changes. Today, due to the challenges brought forth by digital and networked information technologies, we see a “crisis” of the finely tuned copyright system. Internationally, we are in the midst of adjusting the copyright system to its future tasks. Within the next weeks the EU-Directive on Copyright in the Information Society will be implemented into the German Copyright Law. However, still many issues remain unresolved. In view of the rapidly growing availability of information, agents and navigators gain importance, which search for and open up access to the information available. Furthermore, digital information technologies facilitate the supply of new information services which are based on existing information products. An added-value may consist in a follow-on development or simply in the selection or combination of pre-existing information according to the users individual information needs. Should such value-added information services and products be regarded as piracy or permitted as added value? It is still not clear to what extent copyright will allow such value-added services in a digital environment. Difficulties exist not only with regard to the application of new legal rules, but also with regard to the question how new forms of digital exploitation of works are subject to copyright.