| Abstract [eng] |
The problem of combining copyright and society’s right to receive information The objects of the intellectual property become a very important part of the civil turnover due the process of the development of information society and modern technologies of information dispersion. Regulation of copyright has huge impact not only to the authors themselves, but also to the society’s right to receive information. In some cases when making use of their rights, authors may prohibit usage of the copyright object or at least claim for remuneration. With due regard to the necessity to protect right of the author of respecting the result of his intellectual activity and to insure the public interest of the society it is vitally important to set a fair balance of both values. From the historical perspective representatives of both natural law and utilitarian notions theories were seeking to find the justification for limitation of copyright. In this research the existence of society’s right and society’s interest is being analyzed as well as the difference of terms exception and limitation are observed. In the analysis of copyright protection it is focused on the general limitations, when the copyright holder is not entitled to request for the protection of copyright object. After the analysis of general limitations the evaluation of limitations set in the legal acts of France, Germany, Lithuania, the USA and international legal acts are presented. It is investigated what impact the limitations set in various legal acts have to the society’s right to receive information. The existence and impact of other than author’s right holders is also observed in the analyses. The possible impact of right holders to the society’s right to receive information is estimated. The analysis of technological access control measures takes a very important part of the research. On the one hand, such control measures protects legal interests of authors in the digital environment, but on the other hand, the development of technological access control measures give a possibility to block access to information and infringe rights of the society to obtain information. International legal acts regulating technological access control measures and their imperfections are studied in this research. It is also focused on the right of copyright holders to prohibit usage of information and possible control of such prohibition by competition laws. The possibilities of application of compulsory licensing are shortly observed in the analysis. |
