Grundsatz der Technikneutralität im Urheberrecht? Zugleich Gedanken zu einem more technological approach

This article analyses the relationship between copyright law and technology. Particular attention is given to the role of technology within copyright law. By doing so this article also focuses on the recently discussed more technological approach. As copyright law does not intend to steer technology, at least primarily, it is not part of technology law. The technological setting still matters. Lawyers have to consider the technological context as well as the potential of technological solutions. At the same time it is the law, not technology which resolves disputes. A principle of neutrality of technology reminds us that technology must not determine whether copyright is infringed or not. But: Such a principle serves only to have a negative effect. Instead, legal assessment can be based on principles such as the idea of rewarding authors for the use of their work by agents or the principle of freedom of consumption of works for practical reasons.