Public interests of society = private interests of authors. Is the possible the balance in the digital age?
Валентина Троцька · Theory and Practice of Intellectual Property · 2019
The author in the article investigates the issue of the balance of public and private interests in copyright in the digitalage.Private interests of subjects of copyright are based on their exclusive property rights. Such rights are considered as monopoly on the results of creative activity.In conditions of the development of digital technologies, the boundaries of the monopoly are narrowed, because the public interests are taken into account.Public interests need implementation of the right to freedom of information, free access to cultural property, education and science, etc.Society is interested in free access to works, especially for the purpose of studying, scientific research, the use of works with information, personal purpose, etc.Ignoring private interests leads to the limitation of the author's property rights, ignoring public interests leads to the limitation of constitutional rights and human liberties. If the state does not take into account interests, then it leads to a conflict. The main issue of copyright in the digital era: how to prevent such a conflict?It is possible to prevent a conflict due to the norms on the free use of works.In the conditions of the development of the digital environment, the norms on the free use of works are considered to be the most "flexible" in copyright law. Norms are reviewed and adapted to the new conditions for the distribution of works in the digital age. This is a permanent process.Therefore, the settlement of relations can only be considered as a way to achieve balance.The author analyzes in the article the problems of applying the norms of legislation concerning the free use of works and the needs of society in expanding such norms.At the end of the article the author draws conclusions.