Zaštita autorskog prava i pravo na privatnost elektronskih komunikacija u Republici Srbiji
Mario Lj. Reljanović · 2015
The development of electronic communication favors the development of unauthorized copying and distribution of copyrighted works through the Internet. Massive scale of this phenomenon in recent years, has caused different reactions of copyright owners, from media campaigns against piracy to greater engagement in the detection and prosecution of persons engaged in the illegal distribution of copyrighted works. In an effort to combat these negative phenomena, copyright holders in the Republic of Serbia initiated the practice of sending „warning letters“ against persons downloading copyrighted works that were illegally placed in the distribution. This „warning letters“ were sent via Internet service providers, thus violating the right to privacy of Internet users since it was quite certain that the copyright holders or their legal representatives, could not find a legal way to get information about the contents of electronic communications of individuals on the Internet. The behavior of the copyright holders raised series of questions, among which the most important were: how Internet users had to behave in a case they got a warning letter? What was the role of Internet providers in this strange relationship? How could copyright holders be effectively protected without compromising the rights of others? Research aimed to find the appropriate responses by analyzing the position of all three parties in this situation (copyright holders, Internet service providers, Internet users) in the legal system of the Republic of Serbia, as well as through the analysis of possible remedies that could be used to stop unauthorized distribution of copyrighted works. It also pointed out to new tendencies in solving such problems in alternative ways, within the existing legal framework.