ТЕХНОЛОШКЕ МЕРЕ У ФУНКЦИЈИ КОНТРОЛЕ КОРИШЋЕЊА АУТОРСКИХ ДЕЛА У ИНФОРМАТИЧКОМ ДРУШТВУ
TECHNOLOGICAL MEASURES FOR CONTROLLING THE USE OF COPYRIGHTED WORKS OF AUTHORSHIP IN THE INFORMATION SOCIETY

Summary/Abstract: Information technology has given rise to the problem of controlling the use of copyrighted works of authorship from their unauthorized use. In this context, one of the effective solutions is the application of technological protection measures, which are aimed at a more efficient application of the protection measures prescribed by the law. Technological protection measures imply the use of any technology, device or component which may be aimed at preventing or restricting an unauthorized use of a protected work of authorship, which has not been approved by the author or holder of some related right. Generally, all these measures may be classified into three basic groups: technological measures aimed at controlling access, technological measured aimed at controlling exploitation, and technological measures aimed at protecting the integrity of the work of authorship. Considering their technical characteristics and mode of application, they may be hardware-based measures, software-based measures, or a combination thereof. Modern technology has enabled the development of digital systems which entail a controlled use of copyrighted works and facilitate obtaining licences for their exploitation. They are commonly known as digital rights management (DRM). The DRM system should provide for a compromise between safeguarding the intellectual property rights of the copyright holder, the end user privacy, and system costs. The envisaged goals are achieved by employing various cryptographic measures. The process of developing technological protection measures is accompanied by concurrent attempts to circumvent the application of these measures. Thus, the effectiveness of these measures primarily depends on their legal protection, which has been recognized by a vast majority of legal systems, we now know the most modern legal system. However, the normative solutions are not uniform. The observed differences actually reflect problems in finding adequate forms of protection, which mostly stem from the fact that sanctions for evasion of technological measures call into question the ultimate purpose of copyright law in general. Yet, the regulation of technological protection measures must be approached with great caution. Envisaging relevant legal protection for these measures should contribute to providing a comprehensive and stable system of copyright protection. Moreover, it is essential to ascertain the necessary balance of interest of all relevant subjects involved in that process. Technological measures for controlling the use of copyrighted works of authorship should primarily protect the authors’ rights and interests; however, they certainly must encompass the legal and legitimate interests of the end-users as well as the general public, particularly considering the statutory limitations to authorship rights in favour of third parties.

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