Intervention of state in monopoly prevention as a potential danger in limitation of autor's rights

Abstract

The paper analyses the fact that Serbian legislature which regulates the protection of author's rights (primarily the protection which is realized through organizations for the protection of collective rights of the authors), shows a tendency of decrease of extent of those rights. While the previous period could be characterized as a time of reaching a high degree of normative protection of author's rights, primarily from the aspect of collective organizations for the protection of author's rights, recent changes have significantly reduced those rights. The paper treats, using the comparative method, the position of organizations for the protection of author's rights, along with the fact that they have a limited possibility to influence use of object of those rights, currently set and limited by the state, while especially problematic is the fact that the right of remuneration has been abolished for certain users (craftsmen). The question is: to what extent have the legal changes prevented the abuse of monopoly by the organizations for the protection of author's rights and to what extent have those changes crossed the line of legality, affecting the decrease and cancellation of absolute rights and personal rights, thus breaching international conventions and European values. Although the latest legal changes were an opportunity to improve the regulations and prevent any kind of abuse of monopoly, that opportunity was missed. The future period should be used to bring to a reasonable extent the need to prevent monopoly abuse, so as not to limit the author's rights.

Keywords

• author rights
• monopoly
• Serbia
• prevention
• collective rights