Povreda autorskog prava korišćenjem bit-torent platformi za razmenu sadržaja putem Interneta
Novak Vujičić · 2016
Finding an adequate method of protection from frequent and mass BitTorrent platforms usage for unauthorized online sharing of copyrighted works is one of the biggest challenges that copyright is confronting at the moment. This paper is analysing both the act of copyright infringement made during an unauthorized online sharing of copyrighted works by using BitTorrent platforms and the corresponding mechanisms of civil law protection as a consequence of such infringement from the aspect of law of the Republic of Serbia, having a particular retrospection to comparative law solutions. In this specific case three actual problems of civil law protection have been indicated: the ambiguity of scope of possible act of copyright infringement, complicated detection of infringements and identities of persons who committed them due to the nature of communication within online environment as well as the determination of role of the Internet intermediaries that enable such online sharing. The analysis shows that at the moment the law of the Republic of Serbia does not foresee effective mechanisms of civil law protection against copyright infringement committed by using BitTorrent platforms, that the copyright holders are referred to criminal procedure and that the more efficient civil law protection should be ensured, validating not only the interests of copyright but the right to communication privacy and right on personal data protection of internet users as well.