This TDC study presents special features of the copyright laws and institutions of countries in transition and aims to help with modernizing the laws on copyright and neighboring rights, adapting them to an appropriate interpretation of the existing conventions and to the newly emerging international standards by eliminating the elements of the laws which followed from the centrally-planned, collectivist systems. The goal is to appropriately reflect the legitimate interests of employers and producers, making the enforcement more efficient and eliminating over-regulation.
The analysis concentrates on special elements of the national laws in areas in which conventions allowed room for differing interpretations, left the regulation of details to national laws or where certain aspects of copyright protection were not covered by the conventions. This paper deals mainly with the issues of: state administration of copyright, provisions of the copyright laws on original ownership of rights, transferability of economic rights, legislative regulation of copyright contracts, collective management of copyright and related rights and the regulation thereof in the copyright laws. The presented results are based on a detailed analysis of the national laws of the countries concerned and consultations with government officials and the representatives of interested stake holders of selected countries in the various regions. The analysis offered and the suggestions made serve the objective of describing typical challenges and problems, and outlining solutions and best practices.
This analysis by describing the desirable elements of provisions, offers advice for those countries which are still faced with certain problems that have been duly solved elsewhere.