Access Relations to Copyright Objects Expressed in the Digital Environment

Abstract

This article is devoted to the analysis of changes in relations arising in the sphere of use of copyright objects expressed in digital assets. The legal systems of various countries were unable to choose the most suitable models for the legal regulation of the circulation of works objectified in the form of program code. The problem was that copyright objects, objectified in digital form and called “digital content,” could not be unambiguously qualified, and were recognized as goods, services, or the provision of data. The European legislator spoke in favor of applying a sui generis legal regime to digital content. Thus, classical objects of copyright, acquiring a digital form of fixation and expression, begin to participate in civil circulation using fundamentally different legal mechanisms than the mechanisms of licensing agreements, namely, through the possibility of providing access to digital objects.