RESTRUCTURED INFORMATION AND CONTENT INVOLVEMENT INTO CIVIL TURNOVER

Abstract

Copyright and Related rights are designed to regulate civil turnover of the information that have been restructured by the intellectual activity. Structured information that is processed automatically and fails to be described in intellectual property terms find itself outside intellectual property law. Legal protection is extended to the information that can be submitted to the legal claims of ownership, use and disposal. Commercial use of that information receives legal and moral assessment. When the information is depersonalized, moral and legal judgments drift apart. The objects protected by copyright and by related rights are depersonalized when they are indiscriminately treated as content. Being displayed online they are vulnerable to processing without the knowledge of the right holders.  The attitude towards such a processing committed by human or artificial intellect is legally the same. Primitive appropriation is legally and morally condemned. The attitude towards creative adaptation, appropriation of the aggregated information or of the results of mining is much more tolerant. We are witnessing universal trends of dealing with personal information that is far from fake proof. The flaws of technical control over Internet states try to compensate by legal remedies. Regulators’ supervision is stepped up. The liability for administrative noncompliance becomes harsher. The scope of information regulation extension is accompanied by legal constructions development aimed at the involvement of different information elements into civil turn over.