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Remuneration of content creation in the digital space: challenges, obstacles and a common language to foster economic sustainability and cultural diversity

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What is the role of remuneration to ensure diversity of cultural creation at a time when access to knowledge, culture, news and entertainment occurs through a great variety of sources, media, technologies and devices? Diverse cultural expressions in musical, cinematographic and other audiovisual works as well as journalism, photography and video games presuppose economic sustainability, at least when it comes to professionally created works. Content creators would not be able to author new works without relying on adequate economic incentives and rewards. Copyright is the area of law and policy where these incentives and financial rewards have been built, traditionally. However, copyright protection is not, as such, sufficient to guarantee economic sustainability and support to diverse cultural creation. Firstly, copyright has become difficult to enforce and monetize, especially by individual creators, in the context of on-demand streaming services and content-sharing platforms and even more so in decentralised forms of content distribution such as peer to peer networking. Secondly, the rights granted under copyright law and the way these rights are exercised via contract tend to protect more corporate interests than individual creators’ remuneration opportunities. Cultural industries gather as many copyright interests as possible, taking advantage of freedom of contract and of their bargaining positions and market power. In addition to that, as the paper shows, the potential ineffectiveness of copyright for the purpose of guaranteeing remuneration to creators and enhancing cultural diversity is related to how today’s online platforms have been desig ned and to the transition from markets based on permanent acquisition of copies by customers to web-based services giving access to repertoires and/or vast collection of creative works for free (as content-sharing or social media platforms do) or a monthly flat fee basis (as in the case of streaming services). In particular, social media and user-generated content platforms have blurred the distinction between professional and nonprofessional works and have significantly weakened creators’ bargaining power.

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Authors' rights Copyright Cultural diversity Data Platforms Remuneration Secrecy

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Citation

Mazziotti, G. (2019). Remuneration of content creation in the digital space: challenges, obstacles and a common language to foster economic sustainability and cultural diversity. SSRN. https://doi.org/10.2139/ssrn.4616133

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