Democratic discourse in the digital public sphere: Re-imagining copyright enforcement on online social media platforms

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Within the current European Union (EU) online copyright enforcement regime — of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision— the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair-remuneration for content shared over their platforms (role of ‘content distributors’) and preventing unauthorized uses of copyright protected content (‘Internet police’). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that user freedoms to engage in democratic discourse are preserved. This essay proposes a re-imagining of the EU legal framework on online copyright enforcement — using the social planning theory of copyright law as a normative framework — to increase its fitness for preserving and promoting copyright law’s democracy enhancing function.
Original languageEnglish
Title of host publicationPerspectives on digital humanism
EditorsCarlo Ghezzi, Edward Lee, Erich Prem, Hannes Werthner
PublisherSpringer Verlag
Chapter2.2
Publication statusE-pub ahead of print - Sep 2021

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