Time and Access to Copyright-Protected Works in the Digital Age

Digitalization has radically transformed the way we understand and enjoy property.The function of property has also changed.It has been transformed into a right to administer access to resources, such as experiences or functionalities.In other words, we do not need physical possession in order to enjoy it. 1 The concept of property is intrinsically linked with the idea of control over an object.This control and the declaration of the intention to exercise this control can take various forms -from lockers to walls, fences or ''no trespassing'' warnings, the holder of the right sets the terms of access to the property by third parties.Copyright law, as a special kind of ''property'', has also been subject to the same principles and philosophy.Before digitalization, access controls to intangible works or other copyright-protected subject matter were exercised through the physical control over the tangible medium incorporating the work.The dematerialization of the medium has created the need to exercise the control over works in immaterial ways.Nowadays, the concept of ''access restrictions'' has evolved into a complex techno-legal reality that triggers debates on the stifling of creativity, innovation, consumer rights and the social construct of copyright.Indeed, dematerialization has transformed not only the way by which we obtain access to copyright-protected content, but also when and for how long we can preserve access.The disappearance of the tangible copy is a defining feature of the digital environment.