| Abstract [eng] |
Rights to Disseminate and Receive Information and the Intersection of Copyright Implementation in the Digital Internal Market As European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD)) came into force on 26th March 2019, with the purpose of creating regulatory environment, enhancing copyright protection and prohibiting content filtering, digital single market of the European Union was established. The work represents an opinion that by abovementioned act entering into force, digital single market will become a regulatory environment that creates intersection between execution of copyright and right to impart and receive information. The analysis, justifying the abovementioned opinion, is sectioned into three parts. The first part of the work provides specifics of copyright infringements in digital environment, based on the digitization of the form of copyright objects. It is also mentioned, that problem of copyright protection effectiveness is based on the discretion of online platforms to apply copyright protection measures. Second part of the work provides the conception, strategy of the digital single market and performs comparative analysis of projects of laws, regarding implementation of the digital single market. An impact of digital single market, by which content filtering and blocking of legal derivative works will be created, is constituted. The third part provides concept of right to receive and impart information and performs an analysis of requirements for the execution of freedom of expression, as provided in jurisprudence of European Court of Human Rights and Court of Justice of European Union. An opinion is presented, that digital single market will restrict freedom of expression and intersection between copyright and right to impart and receive information will be created. Based on presented conclusions, the author delivers an opinion on how digital single market regulation should be reformed in order to avoid intersection between implementation of copyright and right to impart and receive information. |
