The New Framework

Origin

Following John Locke’s teachings, all philosophers of the Enlightenment professed that creative ideas belong to their authors. Beaumarchais was the first to practice author’s rights when he created in 1777 the Société des Auteurs Dramatiques. The property right of the author was introduced one century later at international level by the Bern’s Convention (1886). In 1948, the Declaration of Human Rights confirmed the universality of the moral and material rights of the author of all creative works, whether they concern science, artists, or literature. Attached covenants gave a mandatory value to the article 27’s provision.

The practical domain of the author’s right has continuously extended since: design, fashion, graphical works, architecture, and standards are part of it. The main extension concerns software. Article 10 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO): “Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention.” This is a very significant extension because software today concerns most sectors of modern life (services, industry as well as agriculture).

The software revolution introduced a big shift in the economy. All labor work, which presents a repetitive character, is progressively transferred to robots handled by software. The importance of secondary sectors has been considerably reduced and is still diminishing. Creation work takes more and more importance. Billions of creations take place each year. Creativity is valued everywhere. Employers write provision in their contracts that workers’ creations belong to the company.
It is the end of industrial society and the beginning of creational society. The old industrial property system is not more adapted to the needs of modern world.

The technical and legal change

Since the beginning of history, all added value that made the wealth of humanity comes from creation. Today, public opinion and most governments have become aware of the importance of R&D for exports, employment and general welfare.

The world is how we create it. Products, services, and organizations that surround us and frame our lives have all, one day, been created. The purpose of many startups is to renew the production model. Thanks to the digital revolution, the capacity to publish their creations is now opened to all human beings. Any person can add value to human heritage and therefore claim ownership of her/his creative idea.

The European Directives on Copyright 2001/29 & 2019/790 specify that:

• authors own “exclusive right to authorize or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.”
• providers shall obtain an authorization from the author by concluding a licensing agreement ”in order to communicate to the public or make available to the public works or other subject matter.”
• Authors are entitled to receive appropriate and proportionate remuneration and may revoke in whole or in part the license or the transfer of rights where there is a lack of exploitation of that work.
• Online content-sharing service providers shall make their “best efforts in accordance with high industry standards” to prevent the availability of unauthorized works on their websites.