The text deals with the questions related to the file sharing of the subject matters protected by copyright and neighboring rights through the so-called P2P system. The problem of enforcement of rights in digital environment, in particular related to P2P system is put into context of the technology state of the art and inability of effective protection of rights. It also deals with P2P technical basis and economic aspects of such form of exploitation of the content protected by copyright and neighboring rights. With regard to the file-sharing, three different acts related to the exploitation of copy¬right works and subject matters of neighboring rights must be distinguish¬ed: the upload of a protected content, the making available thereof to other members of the public, and the download of a copy of the protected content by another member of the public. The right of reproduction and the right of making available to the public are subject to certain content limitations. The question of responsibility for unauthorized use in P2P systems, and practical problems in the enforcement of rights have been put forward. Professional models developed in the past several years by right holders, in particular representatives of the industry as a response to wide-spread unauthorized use of the contents protected by copyright and related rights through P2P file sharing networks have been presented.

Zbornik Hrvatskog društva za autorsko pravo, 6(2005); str. 91-110.

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HDAPSilke von Lewinski // Certain legal problems related to the making available of literary and artistic works and other protected subject matter through digital networks