Work and works on digital platforms in capitalism: conceptual and regulatory challenges for labour and copyright law

2020 ◽  
Author(s):  
Zoe Adams ◽  
Henning Grosse Ruse-Khan
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Copyright Law ◽  
Creative Work ◽  
Labour Law ◽  
Digital Platforms ◽  
Digital Capitalism ◽  
Practical Level ◽  
Regulatory Challenges

Abstract This article explores the challenges associated with creative work in the digital economy at both a conceptual and practical level, through the conjoined lenses of labour law and copyright law. We begin by developing a conception of the capitalist work relation and the distinct struggles intrinsic to it. This allows us to better understand the functions of creative work in contemporary ‘digital’ capitalism and the various regulatory challenges to which these different functions give rise. We then use this analysis to explore some of the conceptual and practical challenges that arise in both labour and copyright law when it comes to regulating creative work in an age of ‘digital platforms’, with a particular focus on the question of how to secure creators a fair remuneration, and potentially, a living, for their work. The concluding section discusses the potential and limits of new European Union rules on mandatory protections for authors and users to deal with these challenges.

scholarly journals Digital platforms and European Union law – challenges from a perspective of multilevel constitutionalism

2019 ◽  
Vol 5 (1) ◽  
pp. 16-39
Author(s):  
Graça Enes
Keyword(s):  
European Union ◽  
Business Models ◽  
New Technology ◽  
New Economy ◽  
European Union Law ◽  
Digital Platforms ◽  
Digital Revolution ◽  
Gig Economy ◽  
European Court ◽  
Regulatory Challenges

Present economy and society are under a “digital revolution”. Digital platforms connect service and product suppliers to recipients all around the world creating new businesses and changing business models in place. Old-fashioned informal gig-economy and sharing practices by using the new technology seem to change consumption and production patterns to more efficient and sustainable ones… or maybe not. This “new economy” also poses several challenges to law questioning the adequacy of concepts and regulations in force. Disputes with authorities and incumbent industries end up in violence or in courts, including the European Court of Justice. We intend to give an overview of those challenges, especially in light of European Union law and following a multilevel constitutionalist approach, which we believe is best suited to respond to the regulatory challenges of this “new economy”.

News aggregators and copyright in the European Union and the United States in the digital age: Evolution, comparisons, and implications

First Monday ◽  
2021 ◽  
Author(s):  
Qun Wang ◽  
Susan Keith
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Copyright Law ◽  
The European Union ◽  
Digital Platforms ◽  
Legal Traditions ◽  
Regulatory Trends ◽  
The U.S ◽  
The Eu

News aggregators have triggered copyright-related disputes between tech companies and news publishers. In the EU and the U.S., copyright systems have developed distinct characteristics. Because American tech companies stand to be hugely affected by the EU’s new copyright rules, some observers point out that the copyright war in Europe is fundamentally a collision between European and American copyright law systems. To respond to this observation, this study examines and compares European and U.S. perspectives on copyright and uses copyright as a lens to explore how digital platforms that aim at global influences provide the opportunity for different legal systems and legal traditions to converse and conflict. Through the comparison, this study argues that fundamental issues such as the nature of news are not effectively addressed in either system. While the EU and the U.S. present different regulatory trends in the case of copyright, a two-way shaping is at play.

O Direito do Trabalho (des)conectado nas plataformas digitais

2019 ◽  
Vol 4 (1) ◽  
pp. 246-266
Author(s):  
Murilo Carvalho Sampaio Oliveira
Keyword(s):  
Social Relationships ◽  
Business Model ◽  
Economic Condition ◽  
Labor Law ◽  
Sharing Economy ◽  
Digital Economy ◽  
Business Activity ◽  
Digital Platforms ◽  
The Impact ◽  
Conditions Of Work

RESUMO:Este artigo trata dos impactos das plataformas digitais no Direito do Trabalho, tomando como exemplo sintomático o padrão da plataforma Uber. Inicia discutindo o cenário da economia digital e suas transformações nos modos de organizar a atividade empresarial, caracterizando a disrupção destas tecnologias e examinando criticamente se tais inovações situam-se realmente no discurso de economia do compartilhamento. Adiante, aborda as condições fáticas das plataformas de trabalho, questionando a dimensão formal-jurídica de liberdade e a condição econômica de hipossuficiência. Examina o caso da Uber como paradigma do modelo de organização empresarial desta economia digital e a situação dos seus motoristas tidos como parceiros para, ao final, pontuar algumas conclusões a cerca da necessidade do Direito Trabalho estar conectado com essas novas relações sociaisABSTRACT:This article deals with the impact of digital platforms in Labor Law, taking as a symptomatic example the standards of the Uber platform. It begins by discussing the the digital economy scenario and its transformations in the way business activity organize itself, characterizing the disruption of these technologies and critically examining whether such innovations are really part of the sharing economy speech. Hereinafter, it addresses the factual conditions of work platforms, questioning the formal-legal dimension of freedom and the economic condition of hypo-sufficiency. It examines the case of Uber as a paradigm of a business model organization in the digital economy and the situation of its drivers, taken as partners in order to, in the end of it, point some conclusions about the need of Labor Law to be connected with these new social relationships.

The Idea–Expression Dichotomy and its Role in Software-Related Disputes

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
United States ◽  
Public Policy ◽  
European Union ◽  
Software Industry ◽  
Copyright Law ◽  
The Public ◽  
Software Products ◽  
The United Kingdom ◽  
Functional Aspects ◽  
Software Copyright

This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas or information embedded in the author’s work, as well as the freedom to utilize them, is justified as a matter of copyright law jurisprudence. The chapter first traces the origins of the idea-expression dichotomy and the key milestones in its development, before discussing the arguments for and against it. It also analyses the application of the idea-expression dichotomy in software-related disputes in the United Kingdom, European Union, and United States, with particular focus on functional aspects of software products and services. Finally, it looks at the public policy considerations that stand at the heart of the idea-expression dichotomy principle and their relevance to the software-industry context.

SERVICES SECTOR DEVELOPMENT IN THE DIGITAL ECONOMY CONDITIONS

2021 ◽  
Vol 1 (7) ◽  
pp. 47-50
Author(s):  
E. V. BARDASOVA ◽  
◽  
L. G. KIRILLOVA ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Digital Economy ◽  
Digital Environment ◽  
End User ◽  
Digital Platforms ◽  
Services Sector ◽  
Information And Communication

The article is devoted to the consideration of the features of the digital economy, which provide huge opportunities for the development of business and services. Information and communication technologies allow you to bring the manufacturer to the end user, reduce costs, and develop new services on digital platforms. The conclusion is made: to get development opportunities from the digital environment, it is necessary to master the relevant competencies.

The Google Ireland Case and the Legal Battle over Digital Taxes in the European Union

2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante
Keyword(s):  
European Union ◽  
Digital Economy ◽  
Free Movement ◽  
Preliminary Ruling ◽  
The European Union ◽  
Topical Issue ◽  
Member States ◽  
Court Of Justice ◽  
Legal Battle ◽  
The Way

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

The consumption dilemma of digital capitalism

2017 ◽  
Vol 23 (3) ◽  
pp. 281-294 ◽  
Author(s):  
Philipp Staab
Keyword(s):  
Economic Growth ◽  
Economic Transformation ◽  
Digital Economy ◽  
Digital Capitalism ◽  
Structural Weakness ◽  
Private Demand ◽  
Increasing Demand ◽  
Productivity Gains

In the light of the growth crisis of contemporary capitalism, the digitalisation of the economy fosters hopes for spectacular productivity gains, giving economic growth a new impetus. However, such predictions ignore the fact that the growth crisis of contemporary capitalism is mainly a result of weak private demand. I argue that digitalisation represents a macro-strategy for economic transformation explicitly tackling this aspect. However, while several strategies aimed at rationalising consumption can be observed in leading digital economy companies, instead of solving the consumption problem by increasing demand, they tend to exacerbate the structural weakness of consumption. I coin the term ‘consumption dilemma’ to mark this phenomenon and briefly stress its implications for union policies.

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