Technological measures of protection in the copyright system

Abstract

Digital exploitation of works often exceed the limit to which the holder can control the exploitation of their intellectual creations, and the protection provided by legal norms are, in the era of a fast exchange of information, may prove to be insufficiently effective. For these reasons, the rights holders are increasingly opting for preventive care through placement of physical obstacles to the exploitation of copyright works, generic called technological protection measures (known as digital right management (DRM)). Simultaneously with the development of the application of these measures flows the process of finding ways to circumvent them. Therefore, the effectiveness of technological measures depends on exactly the question of their legal protection, which now exists in most of modern legal systems. However, in the normative solutions there are differences, which reflect the problems in finding adequate forms of protection. They mostly stem from the fact that the sanctioning of circumvention (or preparatory actions) of technological measures put into the question the purpose of copyright protection in general. Hence, in this paper we tried to point out the normative solutions accepted in modern legal systems and practical implications of what they have. Conclusion that arises is that the legal shaping of technological measures is not completed and that further technological developments open new dilemmas.

Keywords

• digital right management
• digitalization
• technological measures protection
• access control
• exploitation control
• technological measures protection of the work integrity
• circumvention of technological measures protection
• production of devices
• marketing t