Naslov
A view onto ISP's "copyright liability" in the European Union's digital single market

Autori
Gliha, Igor ; Gliha, Dino

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Urheberrecht! Festschrift für Michel M. Walter zum 80. Geburstag

Urednik/ci
Von Lewinski, Silke ; Wittman, Heinz

Izdavač
Medien und Recht

Grad
Beč

Godina
2018

Raspon stranica
199-209

ISBN
978-3-900741-74-7

Ključne riječi
copyright, digital single market, blocking

Sažetak
The battle over Article 13 of the Copyright Directive Proposal is a battle over competing interests, the interests of creators, primarily authors and performers, and interests of other stakeholders on the digital market, primarily ISPs and digital platforms. We believe that this conflict should be solved by taking into account the nature of the respective content and respective relationships. It is true that without creative content there would be no distribution, communication to the public, or making available to the public. It is also true that the industry, ISPs, digital platforms, developers of new business models base their businesses on uses of the content of others protected by copyright and related rights. As copyright and related rights are recognised as rights which provide the creators with the exclusive right to authorise or prohibit any act of making available to the public of their content, any intervention in exercising of that right is, in essence, deprivation of a private right. Legal orders in general allow deprivation of private rights through limitations and exceptions for the sake of achieving public policy objectives, but always under certain conditions. One of the conditions is proportionality. The principle of proportionality generally means that fundamental rights should not be limited beyond the degree necessary to the public interest. Under these circumstances, it looks like that the balance of interests should go to the creators' side. But even if public policy decides to limit the copyright and related rights with the aim of achieving a more incentivising environment for new digital businesses, this could be done by obligatory collective management.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA