TEHNIČKE MERE ZAŠTITE AUTORSKIH PRAVA U INFORMACIONOM DRUŠTVU - DOMETI EU DIREKTIVE 2001/29
TEHNICAL MEASURES FOR COPYRIGHT PROTECTION IN THE INFORMATION SOCIETY: IMPACT OF THE EU DIRECTIVE 2001/29

Summary/Abstract: The system of the legal protection of intellectual property rights and, more specifically, copyright, was originally designed in a technological context where opportunities for the dissemination of works were much more limited than today. The terminus technicus 'copyright and neighboring rights' was created to designate the whole of what was originally called 'rights on literary and artistic works' (copyright) and many monopolies that arise due to the dissemination of these works (neighboring rights). Furthermore, the creation of the European Community (Union), a new international organization specified by an indisputable legal and political originality, significantly increased - mainly due to the freedom of movement in the Internal Market - the need for a European response on the issues of the protection of copyright. The most important act adopted in this regard is the Directive of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society. The unprecedented growth of means of mass online communication of works that, by definition, do not recognize state borders, necessarily imposed an international perspective to the technical and legal efforts. In other words, technical measures for the protection of copyright must be developed as fast as the technical means of communication of the works protected by these rights. Given the specificity of the European Union as a sui generis international organization, this article focuses on its answer given to the question of copyright in the context of modern technologies. Therefore, after clarifying some important aspects of relations between technical measures and moral rights of authors (Chapter 1), the European Directive 2001/29 called 'information society' was analyzed under two major angles: the article focuses on the definition of technical measures for the copyright protection (Chapter 2), before trying to put some more light on the effectiveness of protection of copyright (Chapter 3).

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