Legal Protection of Artistic Works in the Digital Environment (A Comparative Study in Light of Intellectual Property Legislation)

Abstract

The contemporary world is witnessing an unprecedented digital revolution, bringing about fundamental transformations in various aspects of life, particularly in the cultural, artistic, and creative fields. Digital technologies and the internet have become the primary means for producing, distributing, exploiting, and circulating artistic works on a global scale. This transformation has led to the emergence of a digital environment characterized by speed, decentralization, and easy access to content. This has provided artists and creators with vast opportunities to showcase their work and reach a global audience, contributing to the development of creative industries and the strengthening of the digital economy. This research examines the legal protection of artistic works in the digital environment from a comparative perspective, in light of national and international intellectual property legislation. It aims to clarify the conceptual framework of the artistic work and the digital environment, analyze the elements of protection afforded to it, and study the most prominent forms of digital infringement against these works. It also addresses the emerging challenges arising from generative artificial intelligence, blockchain, and non-fungible tokens. The research employs both analytical and comparative methodologies, along with presenting relevant judicial applications from several legal systems. The research concluded that the effective protection of digital artistic works requires an integrated system combining legislation, the judiciary, technical means, and international cooperation, while maintaining a balance between the rights of creators and the public interest in accessing knowledge and culture. The protection of works in the digital environment has garnered increasing attention in legal scholarship, particularly with the rapid development of digital technologies and artificial intelligence. However, most studies have focused on copyright protection in general or on specific digital applications, while the legal protection of artistic works has often remained a partial subject of study.