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Joëlle Farchy

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Joëlle Farchy

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Joëlle Farchy and Jessica Petrou

Orphan works restrict new uses allowed by digital technologies. Indeed, an orphan work is a work that is protected and disclosed and whose right holders cannot be identified or located, despite due diligence. So they raise the traditional economic dilemma posed by intellectual property: Should we favour right holders through exclusive monopolies, or give priority to the spreading of culture and knowledge?

In a Law and Economics perspective we wonder what legislative changes could lead to optimal solutions. We first present the risks of economic inefficiency current legislation has resulted in, such as the loss of social well-being and the importance of transaction costs, and estimate the ratio of orphan works in France. We then summarize the different expectations of market actors with regard to optimal use of these works so as to better analyse the field of possible scenarios, taking into account both economic and legal constraints.

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Joelle Farchy and Fabrice Rohelandet

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Joëlle Farchy and Juliette Denis

Artificial intelligence has experienced unprecedented growth since the 2010s, owing to the combined effects of the rise in computing capacity and scientific research, and is the subject of public debate. Cultural industries have been among those impacted by the explosion of data available to feed artificial intelligence algorithms. At the initiative of researchers, artists, start-ups or large groups, artificial intelligence has been used at all levels of the value chain. The exploitation of data thanks to algorithms gives new impetus to the ambition to make the appropriate investment decisions, and to support, or even replace the usual human intuitions and expertise by presumably objective analyses of the determinants of the success of a work or an artist. Whether to analyse market trends or predict the future, professionals’ decision-making tools are based on mechanisms specific to each sector. Examples from the music, audio-visual and art market sectors illustrate the different objectives that can be pursued.

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Joëlle Farchy and Juliette Denis

Artificial intelligence (AI) has experienced unprecedented growth since the 2010s, due to the combined effects of the rise in computing capacity and scientific research, and is the subject of public debate. Cultural industries have been amongst those impacted by the explosion of data available to feed artificial intelligence algorithms. At the initiative of researchers, artists, start-ups or large groups, artificial intelligence has indeed been used at all levels of the value chain. Whether to simplify the creative process, push creativity or generate new creations without the need for a human author, the various recent experiments of artificial intelligence in creation as well as the economic and legal implications are highlighted in this chapter.

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Joëlle Farchy, Mathilde Gansemer and Jessica Petrou

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Joëlle Farchy, Mathilde Gansemer and Jessica Petrou