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Blockchain & Copyright – o revoluție a creativității
Blockchain & Copyright – a revolution in creativity

Author(s): Rebeca Georgia Dunca
Subject(s): Law, Constitution, Jurisprudence, Civil Law, ICT Information and Communications Technologies
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: blockchain; copyright; smart contracts; revolution; creativity;

Summary/Abstract: Blockchain is an emerging, frontier technology, a true „game changer” that is significantly affecting the way business works while revolutionizing many innovative and creative systems. Given the multi-functionality of Blockchain technology and the good reputation it has gained so far due to the variety of its potential implementation options and the security and trust-enhancing applications it underpins/is likely to underpin, it is inherently of particular interest to explore its implications for intellectual property. At the same time, copyright is probably the most common form of intellectual property recognized by the layman, as literature, films and music (still) play a ubiquitous role in our daily lives. It is not by chance, therefore, that in view of these issues, this article tentatively sketches the potential and limitations that Blockchain technology and Smart Contracts based on it, present in relation to the copyright sphere. An undeniable factual reality is that copyright has long been enforced through technological means, in particular through digital rights management. With the advent of Blockchain technology, however, many have begun to predict a new era in the management and enforcement of copyright through computer code. This article presents this emerging technology with its potential and limitations, of course, without omitting, however, to highlight its ability to act as a form of normative ordering that can express public or private objectives. Promising, romantic, controversial at the same time!?... But let us not forget that law and technology have a complex relationship. Technology shapes legal development, while legal development is also shaped by law. The evolution of copyright confirms this dynamic, all the more so as its development and application have always been closely inspired by the actual technological stage. With the emergence and sophistication of Blockchain technology, as well as smart contracts, a new wave of technological transmutation can be seen on the horizon that could have a lasting influence on copyright. Indeed, Blockchain technology could provide new mechanisms for managing intellectual property rights that could even replace current paradigms ... and as copyright acts as an incentive to continue to create new works, with copyright law aiming to foster an environment in which creativity and innovation can flourish, it could even be argued that the copyright implications of Blockchain technology are likely to generate a creativity revolution.

  • Issue Year: 2022
  • Issue No: 3
  • Page Range: 126-145
  • Page Count: 20
  • Language: Romanian