The Right of Repentance in the Light of New Copyright Law in Bosnia and Herzegovina Cover Image

Право покајања у свјетлу новог закона о ауторском праву у Босни и Херцеговини
The Right of Repentance in the Light of New Copyright Law in Bosnia and Herzegovina

Author(s): Svjetlana Ivanović
Subject(s): Ethics / Practical Philosophy, Law on Economics, Philosophy of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Copyright; The right of repentance; Author's moral rights; Copyright contract;

Summary/Abstract: The right of repentance to the adoption of the new Copyright and Related rights Law in Bosnia and Herzegovina was defined as the right to withdraw from the market of copyright works and denial of further use of works in any form if the author has serious moral reasons. According to the system of the law, this right belonged to personal-legal authorizations or moral author's rights. In one part of theory, and also in legislation in some countries, this right is viewed as the institute of copyright contract law, precisely as a way of breaking the contract due to the perception of changed understanding of the author. If, after the conclusion of the copyright agreement that assigns powers to certain forms of exploitation of copyright work, the author concludes that further use of the act could inflict his personal and creative reputation, he can terminate the contract by one sided statement. In the new Copyright and Related rights Law in Bosnia and Herzegovina the latter concept is accepted. The paper deals with an attempt at explaining the legal nature of the right of repentance from the point of the positive law, and also with regard to the earlier legislation. Considering that the right of repentance is the way to favor authors over the work users, the paper presents the conditions of application of this institute. Refinement of conditions under which the right of repentance can be applied aims to prevent abuse of this right by the author.

  • Issue Year: 1/2010
  • Issue No: 1
  • Page Range: 156-174
  • Page Count: 19
  • Language: Serbian