Povreda autorskog prava na internetu – naknada ili prevencija štete?

Abstract

The availability of technology and the spread of the Internet has led to a huge transition: people have gone from being consumers of content to being creators of content. However, the speed of technological progress, the ease of publishing and sharing content with a wide audience raises the question of whether the existing norms in the field of copyright keep pace with the development of technology, as well as whether they adequately protect the author from the damage that may be caused to him by infringing the copyrighted work. In the first part of the paper, the author analyzes the difference between continental and Anglo-Saxon law in terms of copyright protection and limitations. Furthermore, the author analyzes the issue of compensation for damages in the case of copyright infringement on the Internet through the presentation of cases from the practice of the United States of America and the European Union. In addition to the above, special attention is paid to Article 17 of the Directive on Copyright and Related Rights in The Single Digital Market, which eliminates the shortcomings of existing systems and enables prevention in the protection of copyright. Finally, the author analyzes the provisions of the legislation of the Republic of Serbia regarding the regulation of the mentioned issue.