La tutela civil de los derechos de propiedad intelectual en el mercado único digital (entre plataformas e inteligencia artificial)

Abstract

The evolution of digital technologies is allowing the incessant emergence of new types of uses so that consumers can access copyright protected content, which determines that there are imbalances between the rights and interests of both (as well as between those of copyright holders and those of the companies that provide them) which demand an adequate response from a legal point of view. This research analyses whether the European legislator offers a suitable regulation for protection and, where appropriate, the reparation of the rights of this nature which have been infringed. For this purpose, the doctrinal and jurisprudential contributions on the subject are studied and systematized, while at the same time it is intended to offer an adequate solution from the Law of damages to the new situations posed by article 17 of the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, the Digital Services Act, the Digital Markets Act, and the Proposal for an AI Liability Directive.