Slučaj Renckhoff i preoblikovanje neprofitnog korišćenja interneta
The Renckhoff case and the reshaping of the non-for-profit use of material on the Internet

Summary/Abstract: The digital technology and the Internet created new technical possibilities concerning use and protection of copyrighted works, such as storage of work in digital format in memory of computer, search engines, social platforms, transmission on demand, various types of linking, website-blocking, electronic protection of copyrighted works or automated computational analysis of information in digital format. They make copyright law much more complex. The Renckhoff case is significant in the context of discussion whether law, including EU law provides the copyright holders and users with equitable sharing of the benefits derived from the new technical possibilities. The Court of the EU interpreted the right to communication and making a work available to the public. The Court’s weighing and balancing of various involved factors looks problematic from the standpoint of the equitable sharing of benefits. The judgment might be understood as established a rebut table presumption that all contents on the Internet are under the copyright protection and that the non-commercial user is obliged to investigate existence of the copyright protection. If such understanding were correct, Renckhoff might endanger the freedom of expression and information and other non-for-profit uses of the Internet.

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