PERMITTED SCOPE OF REPRODUCTION OF COMPUTER PROGRAMS IN THE LICENSE AGREEMENT Cover Image

ОБИМ ДОЗВОЉЕНОГ УМНОЖАВАЊА РАЧУНАРСКОГ ПРОГРАМА КОД УГОВОРА О ЛИЦЕНЦИ
PERMITTED SCOPE OF REPRODUCTION OF COMPUTER PROGRAMS IN THE LICENSE AGREEMENT

Author(s): Sanja Radovanović
Subject(s): Criminal Law, ICT Information and Communications Technologies
Published by: Правни факултет Универзитета у Београду
Keywords: Computer program; Installation of computer program; Back-up copies; Network version; CPU clauses;

Summary/Abstract: In terms of copyright, any use of the computer program is a reproduction of copyrighted work, requiring an explicit consent of the author. However, taking into account its special features that arise from its technical nature, certain acts, which are considered necessary for normal use of a computer program, are exempt from copyright protection if undertaken by the legal acquirer of copies of computer programs. Frequently, the legal basis for using the computer program is a license agreement. In that sense, this paper analyzes whether and to what extent the parties can derogate the will of the legislator, expressed in the provisions on suspension of copyright. The focus of this paper is on duplication that is usually taken: installation of the program, running it, and making back-up copies of computer programs. In addition, for certain users, permission for copying and duplication of computer program are very important in the network use, as well as in the use of the program on two or more computes. That is why these aspects are also taken into account. Following the analysis of the issues presented, this paper concludes that the admissibility of computer installation and running the program is undisputed.

  • Issue Year: 61/2013
  • Issue No: 1
  • Page Range: 169-197
  • Page Count: 29
  • Language: Serbian