A data-driven approach to copyright in the age of online platforms

Abstract

Copyright is an area of law where the need to ensure remuneration of creative labour has traditionally been addressed with the progressive establishment of distinct rights in favour of a broad range of creators. Despite its broad scope, copyright today is ultimately ineffective because creators’ revenues depend mainly on the arbitrary and secret decisions a handful of technology companies make on prices and conditions of access to their social media and streaming services. Since platforms’ commercial value lies much more in their data infrastructure than in the content they provide, creators would be likely to gain higher and fairer remuneration if they were granted rights to transparency and access to data on the exploitation of their works. EU online platform regulations and a recent US music copyright reform provide useful examples for how copyright can ensure remuneration for creators in the online environment.