Creative reuse and artistic communication on platforms

This article discusses the impact of the regulation and behaviour of platforms on users who share creative reuse online. Adopting a systems theory lens, it suggests that norms and values within the artistic system preference creative autonomy and the ability to share creativity online. Given the resulting tension with the EU copyright system, the article identifies two possible ways forward: change either through the concept of consent inside the EU copyright system, or a departure point structured outside using the horizontal application of fundamental rights. These two approaches are then applied to the current EU regulatory landscape, focusing on art. 17 Digital Single Market Directive and art. 14 Digital Services Act. The discussion centres upon the extent that these approaches sufficiently safeguard creativity online and future steps.