Open AccessCivil-Legal Protection of Copyright and Related Rights in Kosovo
Author(s) -
Burim Tahiri
Publication year - 2016
Publication title -
european journal of multidisciplinary studies
Language(s) - English
Resource type - Journals
eISSN - 2414-8385
pISSN - 2414-8377
DOI - 10.26417/ejms.v1i4.p184-191
Subject(s) - reservation of rights , law , fundamental rights , lawsuit , political science , legitimacy , law and economics , right to property , human rights , sociology , politics
Copyright is a subjective right of absolute character that has a special importance for dignitary. Bearing in mind the fact this right and other related rights are being violated constantly in different ways, there have been attempts in establishing a regulatory framework which guarantees the protection of this right. It is worth emphasizing that protection of this right and other related rights can be done in various ways such as: civil-legal protection, criminal-legal, administrative-legal, international legal and protection through arbitration. Active legitimacy to initiate procedure for civil-legal protection of copyright and related rights has the author or the winner of exclusive authorizations. The initiation of this procedure is done through a lawsuit under civil procedure rules and the Law on Copyright and Related Rights. However to get to this first it has to come to violation of copyright or related rights. It must be emphasized that legal framework in Kosovo determined cases which constitute the violation of copyright and related rights. Concerning this, under the Law on Copyright and Related Rights it has been specified that as violation shall be considered the use of any copyright without permission of the author. Thus, for instance in Kosovo and in many other countries piracy is a social phenomenon that violation reaches that degree sometimes is created the impression that user does these actions on a regular basis. In Kosovo is not in favor of these trends the lack of legal framework providing protection of copyright and related rights, but inaction of particular state segments in order to exercise proper supervision for implementation of legal framework in protection of those rights. By having this in mind, is noticed clearly the importance of protection copyright and related rights. Consequently it should come to the fulfillment regarding terms protection in order to ensure civil legal protection of copyright and related rights. Concerning this it could be said that initially must be ascertained the violation of copyright. In the following in order to be established the liability of offender it is necessary to prove the culpability or culpable action of user of copyright. Also is very essential the causal link between undertaken action and caused consequence respectively infliction of damage to author or holder of that right. Therefore, in order to be established the liability of particular subject for violation of copyright and related rights is necessary to be fulfilled the abovementioned conditions in a cumulative manner, which shall be handled separately in the following of this scientific paper.