Digitale Kunst und freie Benutzung

Digital and networked technologies have fundamentally changed the conditions of production in art. On the basis of binary coded information, contents of all media and genres can be combined without media discontinuity. Contemporary digital art experiments with adaptive techniques and references to third-party contents, as did previous art forms. Multimediality, interactivity and processuality lead to questions about copyright protection and authorship as such. The doctrine of “Freie Benutzung” in German copyright law no longer ensures the balancing of interests necessary in order to safeguard artistic freedom. The solution proposed is a broader interpretation of the doctrine of “Freie Benutzung”. At the same time, criteria for the delimitation of non-privileged uses are identified, taking into account the differences between copyright and related rights, as well as European law. Based on this approach, the thesis is aimed at academia, jurisprudence and museums.