Sustainable Originality in Copyright

The requirement of creativity, as a conditio sine qua non for access to protection under copyright, suffers from a marked ambiguity of interpretation and application that reflects the heterogeneous jurisprudential sensibilities regarding what meaning to attribute to a general clause whose etymological roots are rooted in extra-legal contexts. The exegetical doubts that have long been gravitating around such an ethereal and evolutionary concept have been joined more recently by the uncertain role of interests in the remuneration of investments, especially those aimed at stimulating the creation of Big Data and the production of content through Artificial Intelligence, as well as the heterogeneous attention to the subsequent (pro and anti) competitive effects. They constitute the determining causes of the multifaceted nebulosity of the drifts of creativity of copyright in contemporary technological reality. The focus of each interest and the mapping of their intersections during the evaluation of authorial protectability aims to propose more precise hermeneutic coordinates than what has been suggested up to now. And in this sense, the aim is to bring the aforementioned drifts of authorial creativity back into the tracks of sustainability, in compliance with target 8.3 of the UN Agenda 2030.