The Scope of Author’s Moral Right of Integrity in Serbian Law
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This paper focuses on the scope of the author’s moral right of integrity in Serbian copyright law. The analysis indicates that the Serbian Law on Copyright and Related Rights (LCRR) contains a broad, instructive provision on the moral right of integrity which leaves space for flexible interpretations. Consequently, the Serbian courts are left to deal with the question of potential scope regarding the right of integrity on a case-by-case basis, depending on specific factors of each individual case. In doing so, the courts should stay within boundaries set by the inherent characteristic and nature of this right. They should be careful not to step into the zone of overprotection of the moral right of integrity that easily can happen if the provision(s) of the LCRR are interpreted and applied literally. In the paper it is argued that the protection provided by the right of integrity should not go beyond the protection of the justified (reasonable and acceptable) author’s personal interests... related to the preservation of the work’s integrity. Also, it should be ensured that the protection does not unreasonably impede conflicting legitimate interests of other involved stakeholders.
Izvor:
Balkan Yearbook of European and International Law, 2022, 2021, 93-119Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - CHAP AU - Vujičić, Novak PY - 2022 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1333 AB - This paper focuses on the scope of the author’s moral right of integrity in Serbian copyright law. The analysis indicates that the Serbian Law on Copyright and Related Rights (LCRR) contains a broad, instructive provision on the moral right of integrity which leaves space for flexible interpretations. Consequently, the Serbian courts are left to deal with the question of potential scope regarding the right of integrity on a case-by-case basis, depending on specific factors of each individual case. In doing so, the courts should stay within boundaries set by the inherent characteristic and nature of this right. They should be careful not to step into the zone of overprotection of the moral right of integrity that easily can happen if the provision(s) of the LCRR are interpreted and applied literally. In the paper it is argued that the protection provided by the right of integrity should not go beyond the protection of the justified (reasonable and acceptable) author’s personal interests related to the preservation of the work’s integrity. Also, it should be ensured that the protection does not unreasonably impede conflicting legitimate interests of other involved stakeholders. T2 - Balkan Yearbook of European and International Law T1 - The Scope of Author’s Moral Right of Integrity in Serbian Law EP - 119 SP - 93 VL - 2021 DO - 10.1007/978-3-030-97431-2_5 UR - conv_3318 ER -
@inbook{ author = "Vujičić, Novak", year = "2022", abstract = "This paper focuses on the scope of the author’s moral right of integrity in Serbian copyright law. The analysis indicates that the Serbian Law on Copyright and Related Rights (LCRR) contains a broad, instructive provision on the moral right of integrity which leaves space for flexible interpretations. Consequently, the Serbian courts are left to deal with the question of potential scope regarding the right of integrity on a case-by-case basis, depending on specific factors of each individual case. In doing so, the courts should stay within boundaries set by the inherent characteristic and nature of this right. They should be careful not to step into the zone of overprotection of the moral right of integrity that easily can happen if the provision(s) of the LCRR are interpreted and applied literally. In the paper it is argued that the protection provided by the right of integrity should not go beyond the protection of the justified (reasonable and acceptable) author’s personal interests related to the preservation of the work’s integrity. Also, it should be ensured that the protection does not unreasonably impede conflicting legitimate interests of other involved stakeholders.", journal = "Balkan Yearbook of European and International Law", booktitle = "The Scope of Author’s Moral Right of Integrity in Serbian Law", pages = "119-93", volume = "2021", doi = "10.1007/978-3-030-97431-2_5", url = "conv_3318" }
Vujičić, N.. (2022). The Scope of Author’s Moral Right of Integrity in Serbian Law. in Balkan Yearbook of European and International Law, 2021, 93-119. https://doi.org/10.1007/978-3-030-97431-2_5 conv_3318
Vujičić N. The Scope of Author’s Moral Right of Integrity in Serbian Law. in Balkan Yearbook of European and International Law. 2022;2021:93-119. doi:10.1007/978-3-030-97431-2_5 conv_3318 .
Vujičić, Novak, "The Scope of Author’s Moral Right of Integrity in Serbian Law" in Balkan Yearbook of European and International Law, 2021 (2022):93-119, https://doi.org/10.1007/978-3-030-97431-2_5 ., conv_3318 .