الحماية القانونية لحق المؤلف و الحقوق المجاورة على الشبكة الانترنت.

Abstract

Internet has contributed to the spread of intellectual production to the whole world, yet it has facilitated the infringement of copyright and related rights in view of easy access to technologies and websites that allow the downloading and the sharing of protected intellectual works without prior permission of the right holders. It is noted in this respect, that the flexibility of the legal texts allows the assimilation of all diffusion methods generated by technological development. This flexibility made it possible to extend the field of legal protection to all diffused works that fulfill the protection conditions. This new reality has also imposed the adoption of international conventions dealing with modern issues, as the two WIPO conventions, and the modification of national legislations according to the challenges imposed by the digital environment. Despite the international and national efforts to protect copyright and related rights on the Internet, the rate of infringement is steadily increasing. This is due to the fact that this network gave raise to many challenges; the most important of which is the emergence of modern techniques used in infringing rights and intellectual works on this network. Exceptions to the right to finance have become a serious threat to copyright and related rights when applied on the Internet. In addition, it is difficult to implement the means of protection and to prosecute the perpetrator because of the global dimension of the internet and its particular technique that escapes control. For this reason, authors and right holders have used technical means to prevent access to their protected works and control their use. These means have proved effective in protecting copyright and related rights on the Internet, particularly as a result of the legal protection devoted by the legislator. However, the role of technical protection is only a complementary role of legal protection. Therefore, to fight the crime of counterfeiting committed on the Internet, the legislator is required to closely monitor technological developments and to review the legal texts in force. For these texts to achieve the desired effect, they must be implemented on the ground by the competent authorities, namely by the judicial system.