Povreda autorskog i srodnih prava na Internetu: osvrt na noviju praksu Evropskog suda pravde
Dušan V. Popović · 2015
New ways of using copyrighted works and subject-matter of related rights on the Internet bring to the courts a complex task of interpretation of concepts of „communication to the public/making available of “ and „reproduction“. Hyperlinking and video framing, used to direct the Internet users from one web-site to copyrighted works and subject-matter of related rights uploaded on the Internet with the consent of the right-owner or without such a consent, highlighted the need for a more precise definition of the concept of communication of a work to the public. The author analyzes the recent case law of the European Court of Justice, which developed and applied the criteria of „different technical means“ and „new public“, when interpreting the concept of communication to the public. These criteria are equally assessed in the context of national rules and case law of the EU Member States, as well as in the context of international copyright treaties. Furthermore, the paper analyzes the concept of reproduction of a copyrighted work and a subject-matter of related rights with respect to the application of a limitation of rights prescribed in order to enable a transmission in a computer network.