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2011, vol. 45, iss. 1, pp. 399-411
Technological measures of protection in the copyright system
University of Novi Sad, Faculty of Law
Keywords: digital right management; digitalization; technological measures protection; access control; exploitation control; technological measures protection of the work integrity; circumvention of technological measures protection; production of devices; marketing t
Abstract
Digital exploitation of works often exceed the limit to which the holder can control the exploitation of their intellectual creations, and the protection provided by legal norms are, in the era of a fast exchange of information, may prove to be insufficiently effective. For these reasons, the rights holders are increasingly opting for preventive care through placement of physical obstacles to the exploitation of copyright works, generic called technological protection measures (known as digital right management (DRM)). Simultaneously with the development of the application of these measures flows the process of finding ways to circumvent them. Therefore, the effectiveness of technological measures depends on exactly the question of their legal protection, which now exists in most of modern legal systems. However, in the normative solutions there are differences, which reflect the problems in finding adequate forms of protection. They mostly stem from the fact that the sanctioning of circumvention (or preparatory actions) of technological measures put into the question the purpose of copyright protection in general. Hence, in this paper we tried to point out the normative solutions accepted in modern legal systems and practical implications of what they have. Conclusion that arises is that the legal shaping of technological measures is not completed and that further technological developments open new dilemmas.
References
Armstrong, T. (2006) Digital rights management and the process of fair use. Harvard Journal of Law and Technology, 20, str. 54
Burk, D.L., Cohen, J.E. (2001) Fair use infrastructure for rights management systems. Harvard Journal of Law and Technology, 15: str. 63
Koelman, K.J., Helberger, N. (2000) Protection of technological measures. in: Hugenholtz Bernt P. [ed.] Copyright and electronic commerce: Legal aspects of electronic copyright management, The Hague - London - Boston: Kluwer Law International, str. 196
Lehmann, M. (2003) The EC directive on the harmonization of certain aspects of copyright and related rights in the information society: A short comment. International Review of Industrial Property and Copyright Law - IIC, 5, str. 526-528
Reichman, J.H., Dinwoodie, G.B., Samuelson, P. (2007) A reverse notice and takedown regime to enable public interest uses of technically protected copyrighted works. Berkley Technology Law Journal, 22: str. 981
 

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article language: Serbian
document type: Original Scientific Paper
DOI: 10.5937/zrpfns1101399R
published in SCIndeks: 27/09/2011
peer review method: double-blind

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