PRAVO AUTORA NA DAVANjE PRIMERAKA AUTORSKIH DELA U ZAKUP I NA POSLUGU U PRAVU EU I PRAVU SRBIJE - Usklađenost propisa

Abstract

In this paper, the author deals with the issues of leasing and providing copies of copyrighted works and the subject of protection of related rights, as well as the right of authors and subjects of protection of related rights to claim part of the compensation from the income generated by persons engaged in providing copies of copyrighted works. In question are two special rights of authors and subjects of protection of related rights, different in legal nature. These rights were introduced into the EU regulations with the aim of protecting the economic interests of authors and subjects of the protection of related rights, which have become endangered for several reasons: the existence of the institute of exhaustion of the authority to put copies of works and objects of protection of related rights into circulation, the development of technology suitable for duplicating copyrights works and objects of protection of related rights and the emergence of subjects who, as a profession, are engaged in providing copies of author's works. Leasing and providing copies of some works of authorship (especially copies of computer programs) today is much more profitable than selling them, so authors, i.e. copyright holders, use this right more and more, because they do not break the connection with the copy of the work of authorship and achieve better income rather than making sales. When it comes to literary author's works, it has long been known that public libraries deal with lending. After a comprehensive analysis of the relevant sources of EU law and solutions contained in the law on copyright and related rights of Serbia, the author concludes that the provisions of Serbian law are fully harmonized with the latest solutions to this issue in EU regulations.