Kolektivno ostvarivanje autorskog prava u kontekstu korišćenja dela na internetu - osvrt na zakonodavstvo EU
Collective management of copyright in the context of use of copyrighted work on the internet - a review of the EU legislation

Summary/Abstract: In recent decades the Internet has evolved into the largest and most important global computer network with unprecedented reach. It has become a basic source of information, a kind of collection of data on human knowledge and influences which covers almost every sphere of life, including every aspect of the socialization of modern man. In the digital age, copyright work lives on its own release of any media carrier. In the virtual space, there are daily violations of authorizations in the area of copyright and related rights. Over time, many violations have created a need for the restriction and regulation of certain segments of the Internet in order to create an adequate environment in which each author would be stimulated to create. Individual management of copyrights is characteristic of subjective rights and is done directly, by an author, or through a representative, by proxy. Collective management of copyrights is done through specialized organizations. The individual management of copyrights and related rights in the modern age characterized by the Digital Revolution, the emergence of the mass media, global computer network and other technological innovations, is an institution of limited reach. Recognizing all the specifics of the information society, copyright and related rights are subjective rights that, in some cases, are managed more effectively if their holders join an organization to manage their rights collectively. Directive 2014/26/EU sets a firm framework for the functioning of organizations for the collective management of copyright and related rights and creates the preconditions for greater transparency in the business of these entities. Among other things, organizations are required to establish an adequate system that should allow members to participate in the decision – making process and ensure a high level of financial management. Due to the lack of economic interest and adequate argumentation, which would prevent the user from obtaining a multiterritorial or pan-European license to use the repertoire from any organization, the EU is introducing competition among organizations in the market for the use of music online. Directive 2019/790/EU establishes a digital single market that will operate according to the general market principles, with all its distinctive features. The European Commission has taken a rather ambitious approach to solve specific problems. Technological development is constantly changing the way in which the creation and relevant legislation must be modified and adapted to change in order not to limit overall technological development. The European legislator's biggest challenge is combating piracy online, as well as providing legal certainty to copyright and related rights holders. Substantial steps have been made, and a legal framework has been set up to protect artistic creativity. Introducing the responsibility of a content sharing service provider over the Internet, as well as the obligation to obtain the author's consent when placing content on the Internet platform, seems like a fair solution if viewed from the author's point of view. Extended collective licensing by a collective organization should allow the licensing of cultural heritage institutions for the use of off-market works if it is impossible or difficult to obtain the consent of the rightful holder. Such licenses also have a multi-territorial character, and this mechanism substantially complements the institution of collective management of copyright and enables rightful holders to benefit from the legitimate use of their works. Given that both Directives have been adopted and become part of the acquis communautaire, it will undoubtedly have an impact on domestic legislation in the context of the harmonization of the laws of the Republic of Serbia and the European Union. The basic meaning of collective management of copyright and related rights is to reduce the transaction costs of the legal use of copyrighted works. It is the fact the economic criterion was prevailing in the adoption of both Directives that are the subject of analysis in this paper. Therefore, it concludes that there is a clear aim of the European legislator to upgrade the system of collective management of copyright in order to overcome the crisis in functioning copyright on the Internet. It is expected that, in the long term, the framework of activities of organizations will be strengthened, and it is certain that these entities will be faced with more difficult and complex tasks in the future.

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