This article explores the challenges associated with creative work in the digital economy at both a conceptual and practical level, through the conjoined lenses of labour law and copyright law. We begin by developing a conception of the capitalist work relation and the distinct struggles intrinsic to it. This allows us to better understand the functions of creative work in contemporary ‘digital’ capitalism and the various regulatory challenges to which these different functions give rise. We then use this analysis to explore some of the conceptual and practical challenges that arise in both labour and copyright law when it comes to regulating creative work in an age of ‘digital platforms’, with a particular focus on the question of how to secure creators a fair remuneration, and potentially, a living, for their work. The concluding section discusses the potential and limits of new European Union rules on mandatory protections for authors and users to deal with these challenges.
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