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AUTORSKÉ PRÁVO DE LEGE FERENDA

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Adamová Z.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
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issue 5
459 – 471
EN
The aim of this paper is to present a scientific view on the current state of copyright in Europe and the vital and urgent need for fundamental changes to ensure the effective operation of copyright in the future. The current continental copyright, which is largely determined by EU law, does not sufficiently reflect the needs and expectations associated with the use of copyright works in a digital environment. Thecopyright law is not respected and, ultimately, it is not only contrary to the public interest, but also to the private interests of authors and other rightholders. For these reasons, for several years there has been an ongoing discussion in professional circles on the urgent need for copyright reform and the possibilities and modalities for its implementation. The aim of such an endeavor would be to achieve flexibility of copyright, balancing of interests and the overall upgradation of copyright for the new digital world. It is in this context that this paper deals with the need for copyright reform and particularly focuses on one area of copyright – exceptions and limitations in de lege lata and de lege ferenda context including the three-step test reform (proposed inclination to the fair use doctrine). The paper presents several models that will be compared with reform efforts at the EU level. In conclusion of this paper a call to realize reform changes in order to balance the interests between authors, users and third parties with a view to promoting Internet economy and competitive environment will be presented.
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