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Public open collaborative creation (POCC) model constitutes an important method of creating intellectual content within the sphere of digital humanities. POCC is defined as creation that takes place through the contributions of a multiplicity of persons (contributors) under a model of sequential innovation, resulting in the production of a literary, artistic, or scientific work which remains in a continuous state of change and development over an undefined period of time.This article examines the POCC model in relation to three creation projects that employ(ed) it for the production of literary and artistic content. It argues that the use of the POCC model has given rise to a new form of collaborative authorship that is inclusive and dynamic and as such cannot be adequately captured within the traditional notion of collaborative authorship currently recognized by copyright law. It concludes by outlining the need to revisit the existing notion of collaborative authorship in copyright law in order to enable it to accommodate the notion of POCC authorship.

Within the current European Union (EU) online copyright enforcement regime—of which Article 17 of the Copyright in the Digital Single Market Directive [2019] constitutes the seminal legal provision—the role of online content-sharing service providers (OCSSPs) is limited to ensuring that copyright owners obtain fair remuneration for content shared over their platforms (role of “content distributors”) and preventing unauthorized uses of copyright-protected content (“Internet police”). Neither role allows for a recognition of OCSSPs’ role as facilitators of democratic discourse and the duty incumbent on them to ensure that users’ freedom to engage in democratic discourse are preserved. This chapter proposes a re-imagining of the EU legal framework on online copyright enforcement—using the social planning theory of copyright law as a normative framework—to increase its fitness for preserving and promoting copyright law’s democracy-enhancing function.

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