Intellectual Property Laws in the Digital Era: An International Distributive Justice Perspective

Abstract

What do the “upload filter” (officially known as Article 17 of the Directive on Copyright in the Digital Single Market), YouTube Content ID Copyright detectors, and the race for a COVID-19 vaccine have in common? They all symbolize the need that has emerged in the digital era to redefine the concept of intellectual property (IP) beyond IP laws, expand the traditional viewpoint to include new digital global mechanisms and develop and adopt necessary supportive tools as well as new theoretical justifications and a global perspective. In the face of the current digital 3A era of automated, autonomous, advanced technologies, all of these technologies require redefining IP norms to better fit the digital age, in order to ensure that all players and stakeholders––from creators and inventors to end-users––are able to make the most of existing IP in related industries that are heavily influenced by developing technology, by making the fruits of the this field accessible worldwide. As “rapid technological developments continue to transform the way works and other subject matter are created, produced, distributed and exploited,” the examples above represent a new and broader understanding of the scope of IP that includes affiliated and supportive tools that enable and enhance equal access within an international perspective. In other words, an international distributive of justice approach.