5.3 Management of Copyright in Digital Environment
Revolutionary innovations in the development of ICT, especially the emergence of technologies and
the internet, digitisation of information and computers and individuals connected in global networks
offer extraordinary opportunities for access to a large quantity of information. Digitisation in general
fundamentally changes the economy of reproducing and distributing copyrighted works. The
conditions of digital technology make the traditional protection and exercise of copyright less and less
efficient. The reproduction of digital e-content and its distribution have never been easier. Traditional
limitations cannot be automatically transferred to the digital environment. The authors should decide
between two models of exercising copyright: between the model of limited contribution in closed
systems that enables strict control of respecting their rights (by the so-called technological measures,
e.g. DRM), and the model of mass distribution through open networks where control over their works
is smaller or non-existent, or creators consciously renounce them under certain conditions (an example
of this practice being CC - Creative Commons licences).
Slovenia supports the modernisation of the field of copyright so as to preserve the balance between
ownership interests of holders of copyrights to works, public interest of access to these works, and the
market, while taking account of the specificity of the cyber space.
Similar is true for distribution and reproduction of software, where misunderstandings and disputes
are common when the state acts as customer. The most sensible thing in this case is to use open
licences (AGPL 3.0 or newer, in some cases also LGPL), which allows re-use (bot commercial and noncommercial) because of possible further upgrades of software. Thus material copyrights to software
remain with the software maker, but the software maker publishes the source code, including all
related documentation, under the agreed free licence that determines the conditions of re-use to
distributed system for control over versions. In cases where the use of open licenses is not possible for
reasons of security and preservation of privacy, the non-exclusive transfer of material rights to the
state as a customer should be promoted, thereby ensuring a reduction of dependence of the state as
a customer on the suppliers of IT solutions and giving the latter the opportunity to continue marketing
developed solutions.
The EC is aware of the importance of copyright protection in the digital world and is drafting a directive
intending to consolidate the copyrights clearance, management and cross-border licensing, thus
contributing to the establishment of a single European digital market. Slovenia, too, must establish
solutions that will not hamper the development and implementation of lawful services and business
models for the distribution and use of copyrighted works, and especially solutions that will consider
the extraordinary importance of copyright law as a regime for promoting creativity for the
development of culture, education and access to information, and Slovenian copyrighted works as an
important cornerstone for preserving Slovenian cultural roots.
Therefore steps should be taken for a more permissive copyright regime of the re-use of informal
copyrighted material created in the public sector that will suit the needs of online publication and
further dissemination and re-use of published copyrighted works in the digital form by other, private
entities. This can be achieved through the adoption and publication of a small number of general
licenses for open content available online and allowing the use of copyrighted works of Slovenia free
of charge under certain conditions, such as proper use of documents, guaranteed non-alteration and
acknowledgment of sources. Already in the Development Strategy for the Information Society
DIGITAL SLOVENIA 2020 - Development strategy for the information society until 2020
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