Dekonstrukcija ir išimtinių autorių teisių reglamentavimo modernizavimas Europos Sąjungoje

Abstract

The modernization of exclusive copyright regulation in the European Union revealed not only the problem of practical implementation, but also the demand for formulating a theoretical approach to the reconceptualization of exclusive copyright regulation in the European Union according to the operating principles of the European Union’s creative industry. This article analyses problematic aspects of the modernization of exclusive copyright regulation in the European Union, and the relationship between these aspects and theoretical approaches to the modernization of exclusive copyright regulation in the European Union. This research aims to reveal peculiarities of the deconstruction theory of lawmaking and evaluate the applicability of this approach regarding the effective modernization of exclusive copyright regulation in the European Union. Together with the tendency of European Union lawmaking institutions to follow the doctrinal approach in the field of modernization of exclusive copyright regulation, the prevailing empirical and doctrinal provisions of the lawmaking doctrine on the modernization of exclusive copyright are deficient in their accommodation of the regulation of exclusive copyright in accordance with the European Union’s digital creative industry. Deconstruction theory provides these premises by concentrating doctrinal and empirical perspectives on changes in the regulation of exclusive copyright in the European Union, for compliance with the concept of a modern European Union digital creative industry.