COPYRIGHT PROTECTION OF A COMPUTER PROGRAM AND ITS SOURCE CODE IN SERBIA

In today’s digital world, computer program (i.e. software) protection is one of the most important phases in the process and after the process of creation of a computer program.

COPYRIGHT PROTECTION OF A COMPUTER PROGRAM AND ITS SOURCE CODE IN SERBIA

The Serbian Law on Copyright and Related Rights (“Law“) defines a computer program with its accompanying technical and user documentation as a written act, which suggests that the source code itself, written in alphanumeric characters is viewed as the content of the written act.

The Law prohibits copying a computer program without the prior consent of the author, whereas the author has the exclusive right to allow or prohibit copying of his/her work in whole or in part.

The Law also prescribes that copying of the computer program is considered to be the launch of a computer program on a computer, which means even if the computer program is physically located on a portable device (USB, DVD, external hard disk …), by running it, its compiled source code (object code) which now represents the instructions given to the computer processor, is considered copying to the computer’s memory.

However, in accordance with the Law, unless the agreement stipulated otherwise, a person who has lawfully obtained a copy of a computer program is allowed to, without the author’s permission and without paying royalties:

1. permanently or temporarily copy a computer program or its individual parts, by any means and in any form, when it is necessary for the use of a computer program in accordance with its purpose;
2. eliminates bugs in the computer program having in mind its purpose;
3. load, display, run, transfer or store a computer program in the computer memory if it is necessary for the duplication of the computer program;
4. translate adapt, arrange and make other changes to the computer program as well as the multiplied results of these actions.

Also, it is allowed without the permission of the right holder to reproduce the source code and translate its form if it is necessary to obtain the data necessary to achieve interoperability of an independently created computer program with other programs, under the certain conditions.

In conclusion, in Serbia, every use of a computer program and its source code, if it is not lawfully obtained, is prohibited, and the person who has illegally obtained it might bear the legal consequences.

BOPA STAYS AVAILABLE FOR ANY ASSISTANCE YOU MAY NEED IN THIS REGARD!