Platforms and Copyright in Creative Industries: A Tool for Inclusivity?

Research Handbook on IP and Inclusivity (Edward Elgar) edited by Cristiana Sappa, Forthcoming

18 Pages Posted: 4 Dec 2023

See all articles by Sabine Jacques

Sabine Jacques

University of Liverpool, School of Law & Social Justice, Students

Date Written: August 24, 2023

Abstract

The role of copyright in promoting inclusivity within creative industries is a complex issue. Whilst copyright grants exclusive property rights to right-holders, which may seem contradictory to inclusivity, it can also facilitate inclusivity in several ways, for example, by providing the incentives to produce new cultural works, it contributes to a more diverse creative landscape. However, the cultural landscape remains far from inclusive due to expanding copyright protection, excessive restrictions, long contractual terms, and aggressive enforcement. Hence, over time, copyright has been used as a tool for exclusion, strengthening the position of certain groups and limiting opportunities for marginalised communities leading to the domination of cultural industries by certain groups, and resulting in a lack of representation and diversity in cultural products. Gatekeepers operating in the creative sectors further reinforce existing hierarchies and biases, impeding the opportunities for underrepresented communities. The rise of digital platforms, driven by the Internet, has challenged traditional gatekeepers, offering unprecedented opportunities for creators to reach global audiences. Nevertheless, the vast amount of content has led to the emergence of new gatekeepers, impacting the entire ecosystem, and potentially increasing marginalisation. This chapter explores the current digital revolution and its implications for inclusivity in the creative landscape and offers recommendations to utilise copyright for a more diverse and inclusive creative landscape.

Keywords: copyright, platform, generative AI, streaming, UGC, inclusivity, freedom of expression

Suggested Citation

Jacques, Sabine, Platforms and Copyright in Creative Industries: A Tool for Inclusivity? (August 24, 2023). Research Handbook on IP and Inclusivity (Edward Elgar) edited by Cristiana Sappa, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4589789 or http://dx.doi.org/10.2139/ssrn.4589789

Sabine Jacques (Contact Author)

University of Liverpool, School of Law & Social Justice, Students ( email )

Liverpool
United Kingdom

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