Евразийская интеграция: экономика, право, политика (Mar 2023)
Copyright and Digital Sovereignty
Abstract
Digital transformation affects all social spheres bringing to life interactive technologies and virtual reality. Since the virtual (digital) space depends on the digital and creative solutions that form its technological base, insofar the legal regime of copying creative solutions affects both the freedom of creativity necessary for sustainable development and public control which is significant for maintaining the manageability of sovereign states and integrational unions.Aim. Improving the legal regime for the protection of interactive works to create a universal and harmonious information space where the rights of authors and the economic interests of software developers are protected, as well as digital sovereignty is guaranteed.Tasks. The concept development for legal protection of interactive works and the political and legal modeling of the digital (information) space presuppose the implementation of international agreements in the field of intellectual rights, as well as solution of several tasks to formalize the results of the creative activity that are perceived through digital technologies.Methods. Political and legal modeling of the digital space is carried out by introducing terminological certainty and creating a system of the interactive works protection. Such legal construction should provide effective public control while preserving creative freedom in digital space.Results. The protection of the copyright and moral rights of the authors of interactive works differs significantly from the legal protection of audiovisual artworks and literature. While the form of objective expression in computer programs may be similar to a literary artwork, their perception by the target audience is fundamentally different in that it models a virtual (digital) space, which the state administration seeks to control in recent years.Conclusion. The state administration’s tendency to digital sovereignty makes sense only if the target audience demonstrates high demand for interactive artworks published under the state jurisdiction. Since the information space is universal, the digital sovereignty of the state is inextricably linked with participation in integration unions that ensure the p roper quality of the results of creative work and create the digital space that is necessary under digital transformation for the interactive art development and the prosperity of creative corporations.
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