The Scope of Author’s Moral Right of Integrity in Serbian Law

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.