KORIŠTENJE BAZE PODATAKA KAO PREDMETA AUTORSKOPRAVNE I ZAŠTITE SRODNOG PRAVA PROIZVOĐAČA BAZE PODATAKA U ERI INFORMACIONIH TEHNOLOGIJA
USE OF DATABASE AS AN OBJECT OF COPYRIGHT PROTECTION AND THE PRODUCER OF THE DATABASE NEIGHBORING RIGHT PROTECTION IN THE ERA OF INFORMATION TECHNOLOGY

Summary/Abstract: Today we are in the era of digitalization where modern information systems consist of software and electronic database. Databases are an important and often indispensable element of modern information systems, and, thus, of the information society. A database can be an object of copyright protection if it represents an individual creation of the spirit in regards of the selection, arrangement or way of presenting content, and, at the same time, but legally separate and distinct, database can also be an object of neighboring right protection of the database producer. When using a database the shall abide by the eventual copyright of the author of said database as well as the neighboring right of the said database producer. This can cause numerous problems and ambiguities for the user that can result in an infringement of the subjective copyright or neighboring rights in question. The work analyses copyright and neighboring right considerations of the database use as an object of copyright and neighboring right protection. Special emphasis is placed on the range of use that is allowed by relevant legal rules for the authorized user to use a database with no permission from the right holder or the eventual requirement for remuneration for said use. First part of the work analyses the database as an object of copyright and neighboring right protection, the second part analyzes the definition and characteristics of a user and in particular authorized user of a database. In the third part of the work we analyze the copyright relevant uses of the database as a copyright protected work, including the limitations of copyright of the author/right holder in regards to a database, with special emphasis to the permission for free use of a database found in art. 51 of the Law on copyright and neighboring rights (Official gazette of Bosnia and Herzegovina Number 63/10), while in the fourth part we elucidate on the neighboring right related considerations regarding uses of databases as an object of neighboring right of the producer of the database, with special emphasis on art. 144 of the Copyright law B&H on the rights and obligations of an authorized user.

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