Modern problems of maintaining the balance between private and public interests: exercising the copyright in the conditions of digital transformation

Abstract

The article examines the influence of the digital transformation of society on the maintenance of the balance between public and private interests in the field of legal regulation of intellectual property, in particular copyright. It is shown that the role of exclusive copyrights has changed – the author claims that in the conditions of digital transformation exclusive copyrights become not only a competitive advantage on the market, but also a real tool for controlling the behaviour of consumers (users). It is shown that this leads to a violation of the balance of interests in favour of technological monopolies. It is shown that the future legal regulation of intellectual property, in particular copyright, should take into account the specificities of the digital age and be aimed at protecting the rights not only of authors, but also of society as a whole. It is shown that the development of artificial intelligence may lead to an even greater imbalance in favour of technological monopolies, as the protection of their exclusive proprietary rights and private interests is replaced by the actual emergence of quasi-state regulatory capabilities.