Protecția dreptului de autor și integritatea academică în era digitală. O analiză a noii paradigme instituite de Directiva (UE) 2019/790
Protecting Copyright and Academic Integrity in the Digital Age: Analyzing the New Paradigm Under Directive (EU) 2019/790
Author(s): Denis Gabriela Ghervase, Andreea Mihaela Ilincuța, Nicoleta-Raina GeamalingaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: copyright; Directive (EU) 2019/790; DSM Directive; communication to the public; user-generated content (UGC) platforms; academic integrity; digital plagiarism; filtering algorithms;
Summary/Abstract: The present article examines the metamorphosis of copyright under the pressure of digital technologies and the new European paradigms established by Directive (EU) 2019/790. It explores the transition from the immunity regime of intermediaries to a form of quasi-strict liability, while critically analyzing the impact of filtering algorithms on freedom of expression and the risk of overblocking. Particular attention is paid to the recent CJEU case law (cases Svensson, Painer, and C-401/19), which outlines the boundaries of originality and of the "new public" in the virtual space. On a secondary level, the paper investigates the convergence between legal norms and academic ethics, arguing that research integrity in the era of Artificial Intelligence requires a redefinition of the concept of human authorship. The article concludes with a series of de lege ferenda proposals regarding the regulation of AI-generated content and the establishment of digital arbitration mechanisms for user protection.
Journal: Revista „Dreptul”
- Issue Year: 2026
- Issue No: 05
- Page Range: 181-189
- Page Count: 9
- Language: Romanian
- Content File-PDF
