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Data are the new “oil” of the twenty-first century, according to a widely used metaphor. Their undeniable economic value in a data-driven economy converts data into a tradable commodity. Given the economic dimension of data and their overall importance in the data era, this chapter discusses whether data may constitute a legally acceptable form of author’s remuneration in the context of licensing agreements under EU Copyright Law and, if so, under which requirements. The question is tackled under the light of Art. 18 EU Directive 2019/790. A general overview of the contours of the “principle of appropriate and proportionate remuneration” is offered, prior to examining whether the concept of “remuneration” included thereto accommodates non-monetary considerations, such as data and under which circumstances data could be possibly qualified as “appropriate and proportionate remuneration”.

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Data as Remuneration in Digital Copyright Licensing: Some Reflections on the Concept of ‘Appropriate and Proportionate Remuneration’ Under Art. 18 EU Directive 2019/790 in the Data Era

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  • 发表日期：

    2025年

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  • Theodoros Chiou

摘要

Data are the new “oil” of the twenty-first century, according to a widely used metaphor. Their undeniable economic value in a data-driven economy converts data into a tradable commodity. Given the economic dimension of data and their overall importance in the data era, this chapter discusses whether data may constitute a legally acceptable form of author’s remuneration in the context of licensing agreements under EU Copyright Law and, if so, under which requirements. The question is tackled under the light of Art. 18 EU Directive 2019/790. A general overview of the contours of the “principle of appropriate and proportionate remuneration” is offered, prior to examining whether the concept of “remuneration” included thereto accommodates non-monetary considerations, such as data and under which circumstances data could be possibly qualified as “appropriate and proportionate remuneration”.