Ensuring the Visibility and Accessibility of European Creative Content on the World Market - The Need for Copyright Data Improvement in the Light of New Technologies and the Opportunity Arising from Article 17 of the CDSM Directive
Journal of Intellectual Property, Information Technology and E-Commerce Law, Vol. 13, No. 1, pp. 67-86, 2022
20 Pages Posted: 23 Mar 2021 Last revised: 22 Apr 2022
Date Written: February 12, 2021
In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperability is particularly strong. Without data improvement, unprecedented opportunities for monetising the wide variety of EU creative content and making this content available for new technologies, such as artificial intelligence training systems, will most probably be lost. The problem has a worldwide dimension. While the US have already taken steps to provide an integrated data space for music as of 1 January 2021, the EU is facing major obstacles not only in the field of music but also in other creative industry sectors. Weighing costs and benefits, there can be little doubt that new data improvement initiatives and sufficient investment in a better copyright data infrastructure should play a central role in EU copyright policy. Creating a work-related data flow from copyright owners to online content platforms, Article 17 of the Directive on Copyright in the Digital Single Market could play a central role in this respect. Tapping into this data flow, it becomes possible to establish an EU copyright data repository offering more comprehensive, accurate and interoperable information on works and rightholders than existing data silos.
Keywords: copyright, metadata, artificial intelligence, creative industry, collective licensing, content moderation, recommender systems, digital services act, interoperability, transparency, trustworthy AI, cultural diversity, SME, market failure, market concentration, Music Modernization Act
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