L’œuvre dérivée à l’ère numérique

Overview & Synopsis

In her thesis, Honor Felisberto examines the evolution of artistic creation processes in light of the emergence of new digital tools from the perspective of derivative works—in their analog form, but especially in their digital form. This research offers a comparative analysis between the European copyright system and the American copyright system, highlighting the advantages of the latter, before looking more specifically at the nature of digital derivative works and the impact of web technologies, in particular generative artificial intelligence, on the very concept of creativity. Finally, the thesis addresses the need to strike a balance between protecting authors' rights and promoting innovation, and proposes a modernization of the concept of derivative works and the related Swiss legal framework.