Droit, œuvres culturelles et évolutions numériques : essai sur l’adaptation du cadre juridique « des livres »

Abstract : Book law is made up of legal elements from private and public law. It is necessary to bring together both the economical and cultural aspects of books. As a support for knowledge, one must find the right balance between authors' rights and readers' rights. Therefore, studying book law implies looking at contract law, competition law, and intellectual property law with rights to public loan, among others. The public's access to books takes on a new dimension with new information and communication technologies. Digital content is quickly associated with free content. Consequently, representatives of book professionals try to take the necessary means to maintaining the book chain : author, editor, printer, publisher, distributor, library, public. However, the dematerialized format of the work invites one to think about adapting the legal framework « of books ».The problem concerning books is in determining how to maintain the economy of books, while the internet makes it easier for multinationals to implant themselves in commercial relations of cultural goods on one hand, and makes data transmission easier on the other hand. These new modes are the occasion for the Internet giants to get hold of digital scripture and to broadcast it using less restrictive techniques than the traditional book trade established in France. In order to deal with this problem, the question has been divided into two parts. The first one is to consider the modes of economic book distribution. The second one is to look back at the the cultural aspect of books and how the digital world could maintain a fair sharing of rights between those of the author and those of the contents user.Via these two conceptions of the book file, it is possible to suggest distribution mechanisms for digital and scanned books in which the user is taken into consideration. However, taking the public into account for legislative choices is not likely to call all intellectual property law into question. The Open movement, particularly well-known in the field of I.T, might come across as a compromise between paying the author, or beneficiary, and the public's access to literary, artistic and scientific writings. Patronage, public/private partnerships, and collective management of rights are all modes of exploitation which could allow for both economic and cultural exploitation of digital and scanned books. These are elements which will be developped all throughout this project.
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Tiphaine Duvillié. Droit, œuvres culturelles et évolutions numériques : essai sur l’adaptation du cadre juridique « des livres ». Droit. Université de Lorraine, 2015. Français. ⟨NNT : 2015LORR0286⟩. ⟨tel-01754636⟩

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