Article 1
This Law shall regulate the rights of the authors of literary, scientific and artistic works (hereinafter: the copyright), right of performers, right of the first publisher of a free work, rights of producers of phonograms, videograms, broadcasts and databases, as rights related to the copyright (hereinafter: the related rights), the way of exercising the copyright and related rights and the judicial protection of such rights.
II. COPYRIGHT
1. WORK OF AUTHORSHIP
Article 2
1) Written works (e.g. books, brochures, articles, translations, computer programs
in any form of their expression, including their preparatory design material
and other);
2) Spoken works (lectures, speeches, orations, etc.);
3) Dramatic, dramatic-musical, choreographic and pantomime works, as well as
works originating from folklore; 4) Works of music, with or without words; 5) Films (cinema and television); 6) Fine art works (paintings, drawings, sketches, graphics, sculptures, etc.); 7) Works of architecture, applied art and industrial design; 8) Cartographic works (geographic and topographic maps); 9) Drawings, sketches, dummies and photographs; 10) The direction of a theatre play.
Article 3
1 Official Gazette of Serbia and Montenegro, No. 61, 24 December 2004. Entered into force 1 January 2005.
1) Laws, decrees and other regulations; 2) Official materials of state bodies and bodies performing public functions; 3) Official translations of regulations and official materials of state bodies and
bodies performing public functions; 4) Submissions and other documents presented in the administrative or court proceedings.
Article 7
2. COMMENCEMENT OF RIGHTS
Article 8
Any author shall enjoy moral and pecuniary rights with regard to his/her work of authorship from the moment of its creation.
3. HOLDER OF COPYRIGHT
Article 9
4. CONTENT OF THE COPYRIGHT
Article 14
Any author shall have the exclusive right to be recognised as the author of his work.
Article 15
Article 16
Article 17
Any author shall have the exclusive right to protect the integrity of his/her work, particularly by the following actions:
1) Opposing the alterations to his/her work by unauthorised persons;
2) Opposing the communication of his/her work to the public in an altered or incomplete form, taking into account the concrete technical form of communication of the work and good business practices.
3) Giving permission for his work to be modified.
Article 18
Any author shall have the exclusive right to oppose the exploitation of his/her work in a manner that is posing or could pose a threat to his honour or reputation.
4.2. Author’s Pecuniary Rights
Article 19
4.2.1. Right to Affix or Reproduce
Article 20
4.2.2. The Right to Place in Circulation Copies of the Work.
Article 21
4.2.3. The Right to Rent Copies of the Work
Article 22
Article 23
The author shall not enjoy the right referred to in Article 22, Paragraph 1, of this Law, if any of the following is involved:
1) A built work of architecture; 2) A work of applied art materialised in the form of an industrial or artisan product;
3) A work that came into being or was reproduced for the purpose of being rented as the exclusive form of the exploited work agreed upon between the author and owner of a copy of the work.
4.2.4. The Right to Lend Computer Program
Article 24
The author of the computer program shall have the exclusive right to give permission or prohibit lending of copies of his work. For the purposes of this Law, “lending” means making copies of the work available for use to someone by the institutions accessible to the public, without direct or indirect pecuniary benefit.
4.2. 5. The Right to Perform
Article 25
4.2.6. The Right to Present
Article 26
4.2.7. The Right to Transmit Performance or Presentation
Article 27
4.2.8. The Right to Broadcast
Article 28
1) If the re-broadcasting of a work by wire is a technically essential condition for the reception of a broadcast;
2) If the re-broadcasting by wire of a work that is broadcast wireless supplies less than a hundred receivers with signal on a non-commercial basis.
4.2.9 The Right to Public Communication, including the Interactive Communication of the Work to the Public
Article 29
The author shall have the exclusive right to give permission or prohibit communication of his/ her work to the public by wire or wireless means including the making available in such a way that member of the public may individually access the work from a place and at a time he/she chooses.
4.2.10 The Right to Adapt, Arrange or Alter the Work in Some Other Manner
Article 30
The author shall have the exclusive right to prohibit or permit adaptation, arrangement or other alteration of his/her work.
4.2.11 The Right to Communicate a Broadcasted Work to the Public
Article 31
The author shall have the exclusive right to give permission or prohibit communication of his/her work that is being broadcasted, simultaneously to audience at public places, such as means of public transport, restaurants, waiting rooms and the like, with the means of such devices as radio receivers or television sets.
4.2.12 The Right to Communicate a Work from a Sound or Picture Carrier to the Public
Article 32
The author shall have the exclusive right to give permission or prohibit communication to the public of his/her work recorded on a sound carrier or picture carrier (a record, compact disc, audio cassette, video cassette, film tape, optic disc, slide) with the means of technical devices for the reproduction of sound and/or picture.
4.3. Author’s Rights in Relation to the Owner of a Work of Authorship
4.3.1. Right of Access to a Copy of the Work
Article 33
4.3.2. Droit de Suite
Article 34
right to request the gallery keeper or organizer of a public auction to present the appropriate documentation to him. If determined that notification contains incorrect or incomplete data, the costs incurred in connection with presentation of documents shall be borne by the art gallery keeper or organiser of the public auction.
4.3.3. Right to Prohibit the Exhibition of the Original Copy of a Work of Fine Arts
Article 36
4.3.4. Author’s Priority Right of Modification of a Work of Architecture
Article 37
4.4. Authors’ Right to Special Remuneration
Article 38
1) library material in public libraries,
2) buildings;
3) works of applied arts and/or industrial design.
(3) The right referred to in Paragraph 1 of this Article may be exercised only through an organisation for collective exercise of copyright and related rights
5. LIMITATIONS ON COPYRIGHT
Article 40
5.2. Suspension of Exclusive Rights and Right to Remuneration
Article 41
A work of authorship may be reproduced and communicated to the public without the author’s permission and without paying remuneration for the purpose of conducting an official procedure before a court or other state bodies.
Article 42
(1) In the scope of informing the public on current events with the means of the press, radio and television, it shall be permissible to make copies of a work, as well as to communicate the work in all other forms to the public without its author’s permission and without paying remuneration, on the following conditions:
1) That the work has been disclosed; 2) That the work is appearing as an integral part of a current event about which the public is being informed;
3) That the reproduction of copies of the work and other forms of communicating it to the public are done only to the extent corresponding to the purpose and mode of informing on the current event.
(2) If the subject-matter of informing is a speech, oration or some other work of the same kind, the work involved may be reproduced and communicated to the public as a whole, without the author’s permission and without paying remuneration
Article 43
Short excerpts from the disclosed works may be reproduced without the author’s permission and without paying remuneration if used for non-commercial purposes in the field of education, examination or scientific research.
Article 44
Public libraries, educational institutions, museums and archives shall have the right to reproduce works without author’s permission and without paying remuneration, exclusively for their archival and non-commercial purposes.
Article 45
1) Recording of the performance, presentation or showing the work; 2) Three-dimensional realisation of drawings for works of fine arts; 3) Constructed works of architecture; 4) Construction of a new building after an existing building, which is a work of
authorship; 5) Computer programs.
1) Store the program in the computer memory and run the program; 2) Eliminate errors in the program, as well as make any other necessary changes
in it, in accordance with its purpose, unless otherwise provided by contract; 3) Make a one back-up copy of the program on a lasting tangible carrier; 4) Decompile the program exclusively for the purpose of obtaining the data
necessary for making that program inter-operational with some other independently developed program or some hardware, on condition that such data were not accessible in some other way and that decompilation is limited only to those parts of the program which are necessary to achieve interoperability.
Article 47
Any person shall have the right of temporary reproduction of the work of authorship without the author’s permission and without paying any remuneration, under the following conditions:
1) Reproduction is transient or incidental,
2) Reproduction is an integral and essential part of a technological process,
3) Purpose of reproduction is to enable a transmission of data in a network between two or more persons through an intermediary, or to enable a lawful use of a work of authorship, and
4) Reproduction does not have independent economic significance.
Article 48
Short excerpts of a work of authorship may be reproduced or be communicated to the public (right of quotation), without the author’s permission and without paying remuneration, on the following conditions:
1) The work has been disclosed;
2) The mentioned parts are integrated into another work without alterations, for the sake of illustration, confirmation or reference, with a clear indication that a reference is involved;
3) The name of the quoted author, the title of the quoted work and when and where the quoted work was disclosed or published are noted in a suitable place.
Article 49
Article 50
Any work that is permanently displayed in a street, a square or some other open public places may be reproduced in two dimensions and its copies thus made may be put on the market, as well as communicated to the public in some other way, without the author’s permission and without paying remuneration.
Article 51
Displayed works may be reproduced in a suitable way and their copies thus made may be marketed, for the purpose of making public exhibition catalogues or conducting public sales, without the authors’ permission and without paying any remuneration.
Article 52
Article 53 Article 55
Three-dimensional reproduction of works permanently displayed in the streets, squares and other open public places may be made and such copies may be marketed, without their authors’ permission, with the obligation to pay remuneration, except in the following cases:
1) If the copy of a sculpture is obtained as a casting from the original mould, from which also the copy permanently displayed at an open public place or from a mould made by casting the sculpture;
2) If a building is built after an existing building; 3) If the product is formed after a work of applied arts.
6. TRANSFER OF THE COPYRIGHT
Article 56
Article 57
The pecuniary rights of any author shall be inheritable.
6.2. Transfer by Contract
6.2.1. Author’s Moral Rights Article 58
The moral rights of any author are not transferable by a contract.
6.2.2. Author’s Pecuniary Rights
Article 59
The author or his/her successor in rights may licence to another person some or all of the pecuniary rights on his/her work.
Article 60
Article 63
The transfer of title on an original of a work of authorship shall not imply the acquisition of copyright on that work.
Article 64
6.2.3. Copyright Contract
Article 65
Article 67
A copyright contract shall include the following: names of contracting parties, title and/or identification of the work of authorship, rights that the subject-matter of licensing or cession, amount of remuneration if any, and the method and terms for its payment, as well as limitations related to content, territory and time, if any.
Article 68
6.2.3.1. Publishing Contract
Article 71
Article 72
A publishing contract, the subject-matter of which is the publication of articles, drawings and other authors’ contributions in newspapers and periodicals, need not be concluded in writing.
Article 73
1) Term within which the author or other copyright holder shall hand over to the publisher a proper manuscript or other original of the work, so as to make it possible for the publisher to reproduce the work. That term shall be a year from the date of contract, unless otherwise agreed upon;
2) Term within which the publisher shall start marketing copies of the work. Such term shall be a year from receipt of a proper manuscript or other original of the work, unless otherwise agreed upon;
3) Number of editions the publisher is authorised to publish. The publisher shall have the right to publish only one edition of the work, unless otherwise agreed upon;
4) Number of copies of one edition. If the number of copies has not been stipulated, it shall be 500, unless business practices and other circumstances evidently call for it to be different;
5) Term within which the publisher has to start marketing copies of the next edition upon depletion of the previous one, if so has been stipulated. Such term shall be a year from the date on which the author had made a request to that effect, unless otherwise agreed upon.
6) Appearance and design of copies of the work.
(2) In the event of a breach of the contractual obligation referred to in Paragraph 1, Items 1, 2 and 5, of this Article, the other contracting party shall have the right to void the contract and to be indemnified because of the failure to execute the contract.
Article 75
The duties of the publisher shall the following:
1) To take care of the sale of copies of the work and to notify the author or any other copyright holder periodically, at his/her request; 2) To make it possible for the author or any other copyright holder, at his/her request, to proof reads in an appropriate phase of reproduction;
3) To make it possible for the author to make appropriate changes in the preparation of each subsequent edition, on condition that this does not alter the work’s character and that in view of the publishing contract as a whole, it does not make up a disproportionately immense obligation for the publisher.
Article 76
A manuscript or any other original of a work of authorship that has been handed over to the publisher shall not become the latter’s property, with the exception of articles, drawings and other contributions in newspapers and periodicals or unless otherwise provided by contract.
Article 77
If the sole existing copy of a work of authorship perishes because of force majeure after it was handed over to the publisher for the purpose of being published, the author or any other copyright holder shall have the right to a fair compensation, which would have been due to him/her had the work been published.
Article 78
Article 79
If the publisher intends to sell the unsold copies of a work as scrap paper, before such sale, it shall offer the author or any other copyright holder, if accessible, to buy-up such copies at the price payable for scrap paper.
6.2.3.2. Contract on Presentation and Contract on Performance
Article 80
Based on a contract on presentation or a contract on performance, the author or any other copyright holder licences a beneficiary to present or to perform of a work of authorship, and the beneficiary undertakes to present or perform such work within a specified period of time, in the way and under the conditions established by contract.
Article 81
If the author or any other copyright holder fails to hand over the work (manuscript, musical score and the like) to the beneficiary within the agreed term or if the beneficiary fails to present or perform it within the agreed term, the author or any other copyright holder or the beneficiary may opt to void the contract of presentation on the contract on performance and claim damages.
Article 82
The manuscript, musical score or any other original work being the subject-matter of a contract on presentation or a contract on performance shall remain author’s property, unless otherwise provided by the contract.
Article 83
The beneficiary of a contract on presentation or a contract on performance shall make it possible for the author or any other copyright holder to see the presentation or performance of the work, as well as to send him/her the programme and to notify him/her periodically of the proceeds from the presentation or performance of the work.
6.2.3.3. Contract of Modification of a Work of Authorship
Article 84
Under a contract of modification of a work of authorship, the author or other holder of copyright gives some other person the permission to modify the work in order to present or perform it on the stage, make a film or for other purposes.
Article 85
(1) Unless otherwise provided by the contract on modification of a work of authorship for the purpose of making a film, the author or his/her heir shall cede under such contract the following exclusive rights:
1) To modify of the work for the purpose of making a film;
2) To reproduce and market of copies of the film thus made;
3) To show the film;
4) To broadcasting the film;
5) To subtitle and dub the film in other languages.
6.2.3.4. Contract on Film Production
Article 86
Under a contract on film production, one or several persons undertake to creatively cooperate with a film producer in the production of a film and they assign their pecuniary rights on such work to the producer.
Article 87
The scriptwriter and composer of film music, as co-authors of the cinematographic work within the meaning of Article 11 of this Law, reserve the right to exploit their work independently, separately from the film, unless otherwise provided by the contract on film production.
Article 88
A film shall be deemed completed once an agreement is reached on its final version between the co-authors and film producer.
Article 89
If a film producer intends to exploit the film in a version that differs from that referred to in Article 88 of this Law, it shall obtain the consent of the majority of the film’s coauthors, including the chief director.
Article 90
6.2.3.5. Contract of Commissioning a Work of Authorship
Article 93
Article 94
The party commissioning a work of authorship shall have the right to direct and control the production of that work, though without substantially restricting the author’s freedom of artistic, technical or scientific expression by doing so.
Article 95
authors whose contributions are contained in the collective work are listed on each copy of the work.
7. WORK OF AUTHORSHIP CREATED AS AN EMPLOYEE
Article 96
Article 97
The criteria for setting the amount and the method of payment of the remuneration referred to in Article 96, Paragraph 1, of this Law, shall be established by a general regulation or the employment contract.
Article 98
Article 99
When using a work created by an employee, the employer shall quote the author’s name, pseudonym or mark.
8. DURATION OF COPYRIGHT
Article 100
Article 103
The term of copyright protection shall expire after 70 years elapses from the creation of the work if the term of its protection is not calculated from the date of death of the author or co-author and if such work has not been lawfully published during such period of time.
Article 104
All time periods used to determine expiration date of pecuniary rights of an author shall be calculated from the 1st of January of the year following the one in which the event relevant for the beginning of the period had occurred.
Article 105
Article 106 Article 107
Droit de suite referred to in Article 34 of this Law shall recognized to a foreign citizen exclusively on the basis of reciprocity.
Article 108
Author’s moral rights of any foreign citizen shall be recognized regardless of whether the requirements referred to in Article 106, paragraph 1, of this Law have been met.
III. RELATED RIGHTS
1. PERFORMERS’ RIGHTS
1.1. Establishment of the Right
Article 109
A performer shall enjoy moral rights and pecuniary rights in accordance with this Law for his/her performance of a work of authorship.
1.2. Performance
Article 110
1.3 Performer
Article 111
1.4. Scope of the Right
1.4.1. Performer’s Moral Rights
Article 112
(1) A performer shall have the following exclusive rights:
1) To be recognised as such;
2) To have his/her name indicated on each copy of the recording, in the programme or in any other suitable way each time his/her performance is exploited, unless where that is technically impossible or impracticable due to the actual form of the public communication of the work;
3) To oppose the alterations to his/her performance or any exploitation of the performance in an altered form, should that jeopardize his/her creative or professional reputation;
4) To oppose marketing of a recording of his/her performance, if such recording has technical deficiencies that jeopardize the integrity of the performance, and thereby the performer’s reputation;
5) To oppose the exploitation of his/her performance in a way that jeopardizes or could jeopardize his/her honour or reputation.
(2) If a group of performers gives a performance, the right referred to in Paragraph 1, Item 2, of this Article shall be enjoyed both by the group as a whole and the soloists.
Article 113
If several performers participate in the performance of one work, the exercise of moral rights by any of them shall not be detrimental to the interests of others.
1.4.2. Performer’s Pecuniary Rights
Article 114
(1) A performer shall have the exclusive right to prohibit or permit any person to:
1) Record his/her performance and reproduce copies of the performance in any
form or manner; 2) Market the recordings of his/her performance; 3) Rent the recordings of his/her performance; 4) Simultaneously transmit the performance by technical devices, such as
loudspeaker and screen, to audience outside the premises on which the performance is taking palace live; 5) Broadcast his/her performance live;
6) Make the performance available to the public in an interactive manner by wire or wireless means, within the meaning of Article 29 of this Law.
1) Broadcasting of his/her performance from a published recording on a sound carrier;
2) Public communication of his/her performance, which is broadcast from a recording published on a sound carrier;
3) Public communication of his/her performance from a recording published on a sound carrier.
(2) The remuneration referred to in Paragraph 1 of this Article shall be collected in the manner defined in Article 125, Paragraph 2 of this Law.
1.5. Transfer of the Right
Article 116
Article 119
The person to whom the right referred to in Article 114 of this Law has been licensed shall forward to the performer complete data on the exploitation of the performance.
1.6. Rights of the Performer Arising From Employment
Article 120
Provisions of this Law regulating the relations between authors and their employers shall apply mutatis mutandis to the rights of the performers who created their performance on the basis of the employment contract.
2. THE RIGHT OF THE PHONOGRAM PRODUCER
2.1. Establishment of the Right
Article 121
The phonogram producer, with respect to its phonogram, shall have the pecuniary rights in accordance with this Law.
2.2. Phonogram
Article 122
2.3. Producer of Phonogram
Article 123
The producer of a phonogram shall be understood to mean any natural or legal person, which has organized and paid for the production of the phonogram.
2.4. Scope of the Right
Article 124
A producer of a phonogram shall have the exclusive right to prohibit or permit any person to:
1) Reproduce the phonogram in any form or manner and market the copies of the
phonogram thus reproduced;
2) Rent the copies of the phonogram;
3) Make the phonogram available to the public in an interactive manner by wire
or wireless means, within the meaning of Article 29 of this Law.
Article 125
(1) The producer of a published phonogram shall have the right to be remunerated for the following:
1) Broadcasting of the phonogram;
2) Public communication of the phonogram;
3) Public communication of the phonogram being broadcast.
(2) The user shall pay remuneration referred to in Paragraph 1 of this Article and the performance remuneration referred to in Article 115 of this Law as an aggregate remuneration to the producer of the phonogram. If the contract between the producer of a phonogram and the performer does not specify otherwise, the producer of the phonogram must forward without delay one half of the remuneration collected to the performer whose performance is on its phonogram.
3. THE RIGHT OF THE VIDEOGRAM PRODUCER
3.1. Establishment of the Right
Article 126
A producer of a videogram, with respect to its videogram, shall have the pecuniary rights in accordance with this Law.
3.2. Videogram
Article 127
3.3. Producer of a Videogram
Article 128
The producer of a videogram shall be understood to mean any natural or legal person, which has organized and paid for the production of the videogram.
3.4. Scope of the Right
Article 129
The producer of a videogram shall have the exclusive right to prohibit or permit any person to:
1) Reproduce his videogram or market the copies thus reproduced;
2) Communicate his videogram to the public from a picture carrier or picture and
sound carrier (picture show);
3) Rent copies of his videogram;
4) Make the videogram available to the public in an interactive manner by wire or
wireless means, within the meaning of Article 29 of this Law.
Article 130
The producer of a videogram shall have the right to oppose the exploitation of his videogram in altered form, if such exploitation can jeopardize his justified economic interests.
4. THE RIGHT OF THE BROADCAST PRODUCER
4.1. Establishment of the Right
Article 131
The producer of a broadcast shall have pecuniary rights in accordance with this Law.
4.2. Broadcast
Article 132
A broadcast shall be understood to mean an electrical, electromagnetic or some other signal converted into audio, visual or audio-visual content that is broadcast for the purpose of being communicated to the public.
4.3. Producer of Broadcast
Article 133
The producer of a broadcast shall be understood to mean any natural or legal person, which has organized and paid for the production of the broadcast.
4.4. Scope of the Right
Article 134
The producer of a broadcast shall have the exclusive right to prohibit or permit any other person to:
1) Re-broadcast his broadcast;
2) Record his broadcast on a sound or picture or a sound and picture carrier;
3) Reproduce the recording and market the copies of the recording thus
reproduced;
4) Rent copies of the broadcast recording;
5) Publicly communicate the broadcast at places accessible to the public against
the payment of an entrance fee;
6) Make the broadcast available to the public in an interactive manner by wire or
wireless means, within the meaning of Article 29 of this Law.
5. THE RIGHT OF A DATABASE PRODUCER
5.1. Establishment of the Right
Article 135
The producer of a database shall have pecuniary rights in accordance with this Law.
5.2. Database
Article 136
5.3. Producer of Database
Article 137
The producer of a database shall be understood to mean any natural or legal person that has created a database, by qualitative and/or quantitative substantial investment in obtaining, verification or presentation of its contents
5.4. Scope of the Right
Article 138
(1) The producer of a database shall have the exclusive right to prohibit or permit any person to:
1) Occasionally or permanently reproduce a database as a whole or its
essential parts by any means, for any purpose and in any form;
2) Market or rent copies of the database or its substantial parts;
3) Connect to a computer network and any other form of public
communication of the database as a whole or its essential parts.
6. THE RIGHT OF THE FIRST PUBLISHER OF A FREE WORK
Article 139
Any person who, after the expiry of protection of the author’s pecuniary rights, for the first time lawfully publishes or communicates to the public a previously unpublished work, shall have the rights equivalent to pecuniary rights of the author.
7. COMMON PROVISIONS APPLICABLE TO RELATED RIGHTS
7.1. Relationship between the Copyright and Related Rights
Article 140
Related rights shall in no way affect protection of the rights of authors with regard to their works.
7.2. Limitations on Related Rights, Exhaustion of Rights and Broadcasting
Article 141
The provisions of this Law regulating limitations and exhaustion of copyright, as well as the provision on broadcasting in Article 28 of this Law shall apply mutatis mutandis to related rights.
7.3. Transfer of Related Rights
Article 142
Related rights shall be transferable, with the exception of the performers’ personal rights.
7.4. Right to Special Remuneration
Article 143
All holders of related rights, other than producers of databases, shall have the right to special remuneration in accordance with Article 38 of this Law, under the conditions identical to those applicable to authors.
7.5. Duration of Rights
Article 144
7.6. Persons to which the Law Applies
Article 145
Article 146
Any performer who is a foreign citizen shall be accorded the moral rights, regardless of whether the requirements referred to in Article 145 have been met.
IV. EXERCISE OF COPYRIGHT AND RELATED RIGHTS
Article 147
Any holder of copyright or related right shall be authorized to exercise his/her right either individually or collectively.
1. INDIVIDUAL EXERCISE
Article 148
2. COLLECTIVE EXERCISE
2.1. Organization for Collective Exercise of Copyright and Related Rights
Article 149
2.2. Foundation of the Organization
Article 151
The organisation may be founded by authors and/or holders of copyright or related rights and/or their associations (hereinafter: the founders).
Article 152
Article 153
The organisation may not engage in any activities other than those referred to in Article 150 of this Law.
Article 154
Article 155
The operating licence shall be issued to an organisation that meets the following requirements:
1) Has a corporate domicile in state of Serbia or in the state of Montenegro;
2) Its founders represent the majority of holders of copyrights and/or related rights which are residents or citizens of the state of Serbia or the state of Montenegro, in the field to which the organisation’s business relates;
3) Which, in terms of staff, finances, equipment and organisation, is capable to efficiently exercise the rights of domestic and foreign holders of copyrights and/or related rights in the state of Serbia or state of Montenegro, and/or the rights of domestic holders of copyrights and/or related rights abroad in the fields to which its business relates.
Article 156
Article 157
1) The operating licence was issued on the basis of false data;
2) The organisation has failed to apply the measures set by the competent authority towards eliminating the deficiencies in its operation, within the term set by the competent authority;
3) The organization has not fulfilled its obligation referred to in Article 171, Paragraph 3 of this Law.
2.3. Bodies of the Organization
Article 160
2.4. General Acts of the Organization
Article 161
Article 165
The organisation shall, in accordance with its Statute and decisions of its bodies, set aside a part of the income collected from users in order to cover the costs of its operation.
2.5. Application of Other Laws Mutatis Mutandis
Article 166
The provisions of the law regulating the legal status of companies shall apply mutatis mutandis to the organisation, unless otherwise provided by this Law.
2.6. Duties of the Organization
Article 167
Article 169
The organisation shall distribute to the holders of copyright and/or related rights who have concluded with it the contract referred to in Article 150 of this Law and the holders of copyright and related rights referred to in Article 167, Paragraph 4, of this Law, the income from the remuneration collected from users, except for funds designated for the purposes referred to in Article 165 of this Law, in accordance with the Distribution Plan.
Article 170
2.7. Duties of the Users
Article 172
2.8. Supervision over the Organization’s Activity
Article 173
1) Annual business report and annual account;
2) Amendments to the Statute, Schedule of Fees and amendments thereto, remuneration Distribution Plan and amendments thereto, contracts with appropriate foreign organisations and court and administrative decisions where the organisation was party.
V. RECORDS OF WORKS OF AUTHORSHIP AND SUBJECT-MATTERS OF RELATED RIGHTS
Article 175
Article 176
The prescribed fee shall be paid for entering the copies of authorship in the records and depositing them.
VI. PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Article 177
(1) Any holder of copyright, performer, producer of a phonogram, producer of a videogram, producer of a broadcast, producer of a database and acquirer of exclusive license for copyright and related rights, may file a suit and request particularly the following:
1) Determination of the infringement of a right; 2) Termination of the infringement of a right; 3) Destruction or alteration of the objects instrumental to the infringement on
rights, including copies of the subject-matter of protection, their packaging, stencils, negatives and the like;
4) Destruction or alteration of the tools and equipment that has been used for production of the objects instrumental to the infringement of rights, if so is necessary for the protection of rights;
5) Compensation for material damages; 6) Publication of the court decision at the defendant’s expense.
Article 178
If the infringement of a pecuniary right was done intentionally or by gross negligence, the plaintiff may, instead of indemnity for material damage, claim up to threefold amount of usual remuneration that would have been paid had the concrete protected subject-matter been used lawfully.
Article 179
1) The exploitation of any of the subject-matters of protection involving the use of copies of such subject-matter of protection that were made without authorisation, and/or are based on the unauthorized broadcasting;
2) Holding copies of the work of authorship or subject-matter of related right for commercial purposes, if the holder knows or has reason to know that such copies are produced without authorization;
3) Production, import, marketing, sale, rental, advertising for the purposes of sale or rental or holding for commercial purposes of the devices primarily constructed, produced or adjusted for enabling or facilitating the circumvention of any technological measure, which do not have any other significant purpose than the said one;
4) Circumvention of any technological measure, or supply or advertising of services enabling or facilitating such circumvention;
5) Removal or alteration of the electronic information regarding rights, or marketing, import, broadcasting or public communication in any other manner of the work of authorship or the subject-matter of the related rights, from which the electronic information on rights is removed or altered without authorization, where the perpetrator knows or has reason to know that by doing so he induces, enables, facilitates or conceals infringement of copyright or related right.
(2) For the purposes of Paragraph 1 of this Law:
1) the term “technological measures” shall mean any technology, device or component constructed in such manner as to prevent or restrict, during the normal course of its operation, the acts regarding the works of authorship or any other protected subject-matter, which are not authorised by the holder of copyright or holder of related rights;
2) the term “information on rights” shall mean any information originating from the holder of the right that identifies the work of authorship or the subject-matter of related right, the author, and/or the holder of the right, or the information on the conditions of the use of a work or subject-matter of related right, or any number or code representing such information.
Article 181
Article 182
At the request of a holder of the right who makes it credible that his/her copyright or related right has been infringed on or will be infringed on, the court may order a provisional measure involving the seizure or removal from the market of the object with which the infringement is made and/or a provisional measure involving a prohibition against the acts under way, which could be conducive to infringement.
Article 183
Article 186
In the event of a dispute for the determination of rights of a publisher and/or a person who published a work whose author is unknown (Article 13), the court shall provide for the author’s anonymity to be preserved.
VII. PENAL PROVISIONS
Article 187
(1) Any company, enterprise or company or any other legal person that:
1) discloses, records, reproduces or communicates to the public in any manner wholly or partly, a work of authorship, performance, phonogram, videogram, broadcast or database without permission, or markets or rents or holds in possession in commercial purposes copies of works of authorship, performances of phonograms, videograms, broadcasts or databases that have been reproduced or placed on the market without authorization (Articles 16, 20, 21, 22, 23, 25, 26, 27, 28, 114, 124, 129, 134 and 138);
2) markets or rents copies of works referred to in paragraph 1 of this Article, for the purpose of deriving pecuniary benefit for itself or somebody else, knowing that they were disclosed, recorded or reproduced without authorisation (Articles 16, 20, 21, 23, 25, 26, 27, 28, , 114, 124, 129, 134 and 138);
3) produces, imports, markets, sells, rents, advertises for the purposes of sale or renting, or holds for commercial purposes devices primarily constructed, produced or adjusted for enabling or facilitating the circumvention of any technological measure, which do not have any other significant purpose than the said one (Article 180, paragraph. 1 item 3);
4) circumvents any technological measure, or supplies or advertises the services which enable or facilitate such circumvention (Article 180, paragraph 1, item 4);
5) removes or alters electronic information on rights, or markets, imports, broadcasts or in any other manner communicates the work of authorship or the subject-matter of related right to the public, from which the electronic information on rights has illegally been removed or altered, while knowing or having reason to know that by doing so it instigates, enables, facilitates or conceals the infringement of a copyright or related right (Article 180, Paragraph 1, Item 5);
6) being the owner of a building, makes an alteration on the building which is materialized copy of the work of architecture without prior offering the author to do the alterations of the work (Article 37);
7) conducts collective exercise of copyright and/or related rights without permission of the competent authority (Article 156, paragraph 2).
shall be fined for economic offence.
(2) The responsible person in the company, enterprise or other legal person concerned shall also be fined for economic offence for any of the acts referred to in Paragraph 1 of this Article.
Article 188
Any natural person shall be fined for the misdemeanour for any acts referred to in Article 187, Paragraph 1, Item 3 (Article 37).
Article 189
(1) Business company, enterprise or other legal person that:
1) without stating the author’s or performer’s name or under different name, wholly or partially discloses, performs, presents, communicates the performance or presentation or broadcasts work of authorship or performance of another person (Article 15 and 112, paragraph 1, item 2);
2) without permission of the author modifies or adapts work of authorship or recorded performance of another person (Article 17, 30 and 112, paragraph 1. item 3.):
3) as a gallery keeper or an organizer of a public auction of original works of fine are, and/or original manuscripts does not inform the author of the work of name and address of the seller of its work, name and address of the new buyer and price which was paid or does not pay the author the amount of 3% of the sale price of the work within the period of 30 days as of the day of the sale of the original works and/or manuscripts (Article 34, paragraph 1 and 35, paragraphs 1 and 2).
4) gives incorrect data or deceives true data about its work of authorship or subject-matter of related rights when entering into the records and depositing work of authorship or subject-matter or related right with the competent authority (Article 175, paragraph 4);
5) as a publisher sells the unsold copies of the work as scrap paper without previously offering it to the author or his/her heirs for purchase (Article 79);
shall be fined for the misdemeanour.
Article 190
The fines referred to in Articles 187, 188 and 189 of this Law shall be established by the regulation of the member states.
VIII. TRANSITIONAL AND FINAL PROVISIONS
Article 191
A performer whose right has expired prior to the effective date of this Law may not request the establishment of the right under this Law.
Article 192
Existing organizations for the collective exercise of copyright and related rights shall organize themselves in conformity with this Law and adjust their general acts to the provisions of this Law within a year from the day this Law comes into force.
Article 193
Article 195 Articles 100, paragraph 1, 101, 102 and 103 of this Law shall not apply to works of authorship whose term of protection has lapsed on the day this Law enters into force of.
Article 196
On the day when this Law comes into force, the provisions of the Law on Copyright and Related Rights (SFRY OG Nos. 19/78, 24/86 and 21/90) shall cease to be effective.
Article 197
This Law shall come into force on the eight day from its publication in the “Official Gazette of Serbia and Montenegro”.