Apmokėjimo už turinį elektroninėje erdvėje reguliavimo problemos

Abstract

The necessity for the legal regulation of copyright levies has been discussed since the times of its origin till the present days. After the case Padawan v SGAE (No. C-467/08), new legal, practical and scientific discussions on this issue commenced. The author of the present article explores not only the rather narrow issue of the legal regulation of copyright levies but also a wider problem regarding fair remuneration for online content, the solution of which would allow the copyright owners to expect for an appropriate remuneration for the content and would decrease the importance of the resources received through indirect compulsory levying of other businesses. The issues regarding fair remuneration for online content are directly related to the issues of ‘piracy’ (unauthorized usage of content), which has spread to a vast extent on the Internet. The problems of legal regulation, compulsory levying and other problems in the context of the Internet are new and interesting due to the specificity of the Internet as a borderless medium for electronic network communication. Therefore, topical issues of the application of jurisdiction arise. All these issues determine a more rapid or slower development of knowledge society and knowledge-based economy, which in the legal acts is declared as a strategic goal of Lithuania as well as the whole European Union. In order to thoroughly analyse the specificity of the current payment models as well as to find the possible models of appropriate remuneration for the content and their preconditions, the author of the article compares two converging services, a component part of which is digital content, as for the content of one of the services (the Internet) consumers pay voluntarily but unwillingly, while for the content of another services (digital interactive television) consumers not only pay subscription fees but also use additional paid content.