Law in the process of globalisation (2018), (стр. 269-286)
АУТОР: Sonja Lucic
Е-АДРЕСА: sspasojevic@jura.kg.ac.rs
DOI: 10.46793/LawPG.269L
САЖЕТАК:
One of the greatest challenges that lawmakers all over the world, particularly in the European Union and its Member States face, is establishing the legal framework of turnover on the internet. Variety that has been unknown until recently and almost indefinite amount of available information, absence of state borders that could significantly limit the flow of information, the easiness of internet users’ providing any kind information to almost indefinite number of recipients, and eventually separation of virtual, digital from the real world- demand development of new legal tools that often are based on completely new grounds. Besides, that reality changes with speed that far surpasses the ability of lawmakers to respond to the changes. Applying the rules of analog world in the digital era results in a number of difficulties. Dilemmas of institutions in charge of supervision of enforcement of rights and market regulation are certainly a part of the difficulties. Thus, in this work the author will analyse the valid decision of the European Court of Justice regarding provision that is the offer of short videos available on internet, and their qualification as audiovisual media services.
КЉУЧНЕ РЕЧИ:
Directive 2010/13; audiovisual media service; internet; videos; television broadcasting.
ЛИТЕРАТУРА:
- Burri-Nenova, M., The New Audiovisual Media Services Directive: Television Without Frontiers, Television Without Cultural Diversity, Common Market Law Review, Volume 44 (2007).
- Blázquez, C., Javier, F., On-demand Services: Made in the Likeness of TV?, in: What Is an On-demand Service, IRIS-Plus 2013-4, European Audiovisual Observatory, Strasbourg, 2013.
- Lučić, S., Ovlašćenje autora na pravičnu naknadu u slučaju umnožavanja autorskog dela za privatnu upotrebu, Glasnik prava, God. VI, br. 3 (2015).
- Metzdorf, J., The Implementation of the Audiovisual Media Services Directive by National Regulatory Authorities. National Responses to Regulatory Challenges, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, Volume 5 (2014), Issue 2.
- Reding, V., The Audiovisual Media Services Directive: the Right Instrument to Provide Legal Certainty for Europe’s Media Business in the Next Decade, ERA Forum, 2006-2.
- Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
- Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities