ПРОБЛЕМИ МЕЂУНАРОДНЕ ЗАШТИТЕ АУТОРСКИХ ПРАВА СТРАНАЦА
THE PROBLEMS OF INTERNATIONAL PROTECTION OF COPYRIGHTS OF FOREIGNERS

Summary/Abstract: New' technological procedures of reproducing audio-visual and printed works, as well as phonograms, including the breakthrough of the computer technology, have created unlimited possibilities of mass recording and multiplying of authors' works and caused also the need for their more efficient protection. Since the last revision of the Bern Convention for the Protection of Literary and Artistic Works, and of the Universal Copyright Convention (1971), many member—countries have modified their legislation in the above respect. However, new provisions in some laws are contrary to the solutions found in the conventions. Thus, in the majority of the countries which introduced compulsory compensation for free reproducing of authors' works for private purposes, foreign authors are garanted the right to participate in the relevant money fund only if there exists substantive reciprocity with the country of his citizenship, regardless of the fact whether such country is a signatory or not. This is contrary to the convention principle of national treatment of foreign authors. On the other hand, since there is no explicit provisions on the protection of computer programs in the copyrights conventions, every member—state is free in deciding whether to extend their application to that form of intelectual creativity, too. In addition, a comparative review shows that there already exist considerable departures from the provisions on the minimum rights (shorter time—limit of protection of computer programs, restricting moral rights of authors) and national treatment of foreign authors. Mentioned departures which have no ground in the conventions lead to legal incertainty in the sphere of international protection of copyrights. It is therefore necessary to amend the text of the conventions by express provisions on the proteciton of software (namely, to include computer programs into the list of protected works, define such programs, eventually determine special time— limit for the protection, make more precise the cases of permitted reproduction, and introduce other special provisions on the minimum of rights), to extend the provisions on international protection against illegal reproduction of authors' works, to introduce exceptions from the national treatment principle, when this should prove necessary due to considerable differences in regulation (for instance, in connection with the right to free reproduction), as well as make other amendments, namely provisions which would make more precise the sphere of application and definition of notions, in order to eliminate the possibility of various interpretations and qualifications, which are contrary to the sense and spirit, as well as direct text of mentioned conventions.

• Details
• Contents