Protection of Copyright in the Digital Environment in Serbia

1) What measures should be taken to protect copyright on music, videos, and images on the internet?

1. Watermarking: Embed visible or invisible watermarks into media to establish ownership and enable tracking of unauthorized use.
2. Licensing and Permissions: Clearly specify licensing terms and obtain proper permissions before sharing or reproducing copyrighted materials.
3. Legal Protections: Register works with relevant copyright offices where applicable, and be prepared to enforce rights through legal actions if infringement occurs.
4. Platform Policies and Takedown Procedures: Collaborate with hosting platforms that have strict copyright policies and provide easy reporting mechanisms for infringement.

2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?

In accordance with the current regulations in Serbia, the platform user is responsible for obtaining the necessary licenses before making copyrighted content available on the platform. Once Serbia harmonizes its legislation with the EU, this obligation will shift to the platform itself.

3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws?

Using third-party content—such as images, videos, music, or text—without proper permission or licensing may constitute copyright infringement, leading to legal consequences. Also, sharing content that includes personal data, likenesses, or private information without consent may violate privacy laws. That is why it is necessary to always seek permission or secure appropriate licensing agreements before using third-party content.

4) What legal steps can be taken in response to the unauthorized use of content online?

• Submit a formal takedown request under applicable digital copyright laws to hosting platforms or social media sites.
• Initiate a copyright infringement lawsuit in court to seek remedies such as injunctions to stop further use and damages for lost revenue or harm.
• Pursue monetary compensation for unauthorized use, especially if proven to be willful infringement.

5) What legal risks arise when distributing digital content internationally?

Different countries have varying copyright laws, enforcement mechanisms, and legal standards, making compliance complex. What is lawful in one country may be illegal in another. Ensuring that licenses and permissions cover all targeted markets can be challenging. Failure to secure appropriate rights may result in legal liabilities.

6) How can a company working in digital content implement a copyright protection policy?

Establish Clear Ownership Rights: Define and document ownership of all digital content created or used by the company, including licensing agreements and third-party permissions.

Develop Usage Guidelines: Create comprehensive guidelines for employees, contractors, and partners on how to create, share, and use content responsibly and legally.

Implement Content Monitoring Tools: Utilize digital rights management (DRM), fingerprinting, and automated monitoring tools to detect unauthorized use or distribution of content online.

Educate and Train Staff: Regularly educate staff about copyright laws, best practices, and the importance of intellectual property rights to prevent inadvertent infringements.

Create a Takedown Procedure: Establish a clear, efficient process for receiving, investigating, and acting upon allegations of copyright infringement, including issuing takedown notices.

7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?

There are various international instruments that govern this area, ranging from multilateral conventions to agreements such as WIPO and TRIPS. However, within the European Union, the most relevant regulation concerning the digital market is currently Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, adopted on April 17, 2019. All EU Member States have implemented this directive into their national legislation, ensuring that uniform rules are applied across the entire EU.

8) What should be taken into account when entering into licensing agreements for the use of digital content?

When entering into a licensing agreement, it is crucial to clearly define the scope of the license—specifically, the exact rights being granted, the territories where these rights are applicable, and the duration of the license. Secondly, provisions regarding compensation, warranties, and liability are also of significant importance.

9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?

We recommend implementing content recognition technologies such as digital fingerprinting, watermarking, and automated scanning tools (e.g., YouTube Content ID, DMCA takedown tools) to identify unauthorized use of copyrighted material across websites, social media platforms, and file-sharing sites. When a rights infringement is discovered, it is recommended to issue formal removal requests to hosting providers or platform administrators to have the infringing content promptly removed.

10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?

Both civil and criminal liabilities may arise in cases of copyright infringement. Civil liability typically involves the obligation to remove infringing content, a prohibition against future violations, and compensation for damages. Criminal liability, on the other hand, can result in fines or imprisonment, depending on the severity of the infringement. It is necessary to file a lawsuit with the court or submit a criminal complaint to the competent prosecutor's office.