Proprietatea intelectuala in spatiul digital

Abstract

My article analyses in terms of Rational Choice Theory and intellectual property the current situation of musical works in the digital space. The article begins gradually form Garrett Hardin's thesis regarding the tragedy of the commons, applied in the prisoner's dilemma case and also concepts of collective action provided by Mancur Olson. Its center point relays on the main features of Elinor Ostrom theory. The hypothesis my article starts with is that the digital space has changed the traditional economy to a network economy where users can infinitely multiply the resources, leading to a tragic situation of digital music and other arts, sustained by the unrealistic Copyright Laws in Romania. The actual legislation is limited and cannot place the used and producers in a superior Pareto point according to the new cultural demanding. Using Elinor Ostrom's institutional analysis and development framework, I have tried to find a solution to this problem. Furthermore, I have tried to reveal the limited character of Law no. 8/1996 - published in the Official Gazette, with the no. 6o/26.03.1996 and modified through the Law no. 285/23.06.2004 and the laws in 2005 and 2010 - by showing that these laws do not meet the new cultural requirements and technological changes that led to the migration of artworks from physical space into the digital space.