- I. SUBJECT-MATTER OF THE LAW
- II. COPYRIGHT
- 1. WORK OF AUTHORSHIP
- 2. COMMENCEMENT OF RIGHTS
- 3. HOLDER OF COPYRIGHT
- 4. CONTENT OF THE COPYRIGHT
- 4.1. Author’s Moral Rights
- 4.2. Author’s Pecuniary Rights
- Article 19
- 4.2.1. Right to Affix or Reproduce
- 4.2.2. The Right to Place in Circulation Copies of the Work
- 4.2.3. The Right to Rent Copies of the Work
- 4.2.4. The Right to Lend Computer Program
- 4.2.5. The Right to Perform
- 4.2.6. The Right to Present
- 4.2.7. The Right to Transmit Performance or Presentation
- 4.2.8. The Right to Broadcast
- 4.2.9 The Right of Re-Broadcasting
- 4.2.10 The Right to Public Communication, including the Interactive Communication ofthe Work to the Public
- 4.2.11 The Right to Adapt, Arrange or Alter the Work in Some Other Manner
- 4.2.12 The Right to Communicate a Broadcasted Work to the Public
- 4.2.13 The Right to Communicate a Work from a Sound or Picture Carrier to the Public
- 4.3. Author’s Rights in Relation to the Owner of a Work of Authorship
- 4.4. Authors’ Right to Special Remuneration
- 5. LIMITATIONS ON COPYRIGHT
- 6. TRANSFER OF THE COPYRIGHT
- 6.1. Transfer by Inheritance
- 6.2. Transfer by Contract
- 6.2.1. Author’s Moral Rights
- 6.2.2. Author’s Pecuniary Rights
- 6.2.3. Copyright Contract
- Article 67
- Article 68
- Article 69
- Article 70
- Article 71
- Article 72
- 6.2.3.1. Publishing Contract
- 6.2.3.2. Contract on Presentation and Contract on Performance
- 6.2.3.3. Contract of Modification of a Work of Authorship
- 6.2.3.4. Contract on Film Production
- 6.2.3.5. Contract of Commissioning a Work of Authorship
- 7. WORK OF AUTHORSHIP CREATED AS AN EMPLOYEE
- 8. DURATION OF COPYRIGHT
- 9. FOREIGN PERSONS TO WHICH THE LAW APPLIES
- III. RELATED RIGHTS
- 1. PERFORMERS’ RIGHTS
- 2. THE RIGHT OF THE PHONOGRAM PRODUCER
- 3. THE RIGHT OF THE VIDEOGRAM PRODUCER
- 4. THE RIGHT OF THE BROADCAST PRODUCER
- 5. THE RIGHT OF A DATABASE PRODUCER
- 6. THE RIGHT OF A PUBLISHER
- 7. COMMON PROVISIONS APPLICABLE TO RELATED RIGHTS
- IV. EXERCISE OF COPYRIGHT AND RELATED RIGHTS
- 1. INDIVIDUAL EXERCISE
- 2. COLLECTIVE EXERCISE
- 2.1. Organization for Collective Exercise of Copyright and Related Rights
- 2.2. Foundation of the Organization
- 2.3. Bodies of the Organization
- 2.4. General Acts of the Organization
- 2.5 The concept of Tariff
- Article 169
- 2.5.1 Rules for the Determination of the Tariff
- 2.5.2 Negotiations and Agreement on the Tariff
- 2.5.2.1 Negotiations on the Tariff
- 2.5.2.2
- 2.5.2.3 Mandatory Content of the Written Agreement
- 2.5.2.4 Determination of the Draft Tariff by the Administrative Board of the Organization
- 2.5.2.5 Determination of a Single Equitable tariff for the Exercise of Rights from Articles117 and 127 of This Law
- 2.5.2.6 The Determination of a Single Equitable Tariff for the Payment of a Special Remuneration
- 2.6. Application of Other Laws Mutatis Mutandis
- 2.7. Duties of the Organization
- 2.8. Duties of the Users
- 2.9. Supervision over the Organization’s Activity
- V COMMISSION FOR COPYRIGHT AND RELATED RIGHTS
- 1. Commission for Copyright and Related Rights
- 1.1 Composition of the Commission
- 1.2 The Nomination of the Commission
- 1.3 Termination of the function of the president or the member of the Commission
- 1.4 Clerical Jobs and Administrative Assistance
- 1.5 Initiating procedure before the Commission for Copyright and Related Rights
- 1.5.1 Contents of a Request for Obtaining the Opinion on the Proposal of a Tariff
- 1.6 Procedure before the Commission
- 1.7 The Opinion of the Commission
- 1.8 Expenses of the Procedure before the Commission
- VI. RECORDS OF WORKS OF AUTHORSHIP AND SUBJECT-MATTERS OF RELATED RIGHTS
- VII. PROTECTION OF COPYRIGHT AND RELATED RIGHTS
- VIII. PENAL PROVISIONS
- IX. TRANSITIONAL AND FINAL PROVISIONS
THE LAW ON COPYRIGHT AND RELATED RIGHTS1
I. SUBJECT-MATTER OF THE LAW
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, and rights of the editors of printed editions 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)
- A work of authorship is an author’s original intellectual creation, expressed in a certain form, regardless of its artistic, scientific or some other value, its purpose, size, contents and way of manifestation, as well as the permissibility of public communication of its contents.
- (2)
- The following shall be deemed works of authorship in particular: 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)
- An unfinished work of authorship, parts of a work of authorship, as well as the title of a work of authorship, shall be deemed a work of authorship, subject to meeting the requirements set out in Article 2, Paragraph 1, of this Law.
- (2)
- Notwithstanding the provision of Paragraph 1 of this Article, the protection of a work of authorship shall also apply to the title of that work.
Article 4
- (1)
- Modifications of works of authorship shall be deemed works of authorship, subject to the requirements referred to in Article 2, Paragraph 1, of this Law.
- (2)
- A work of modification shall be a work in which the characteristic elements of the modified (original) work (musical remixes, arrangements, adaptations and other) are recognizable.
- (3)
- The protection of a copyright referred to in Paragraph 1 of this Article shall in no way limit the rights of the author of the original work.
Article 5
- (1)
- A collection of the works of authorship, which in view of the selection and arrangement of its integral parts, meets the requirements referred to in Article 2, Paragraph 1, of this Law (an encyclopedia, collection of works, anthology, selected works, music collection, photograph collection, graphic map, exhibition and the like), shall also be deemed a work of authorship.
- (2)
- A collection of folk literary and artistic creations, as well as a collection of documents, court decisions and similar materials, which in view of their selection and arrangement, meets the requirements referred to in Article 2, Paragraph 1, of this Law, shall also be deemed a work of authorship.
- (3)
- A collection shall also be understood to mean a database, regardless of whether it is in a mechanically or otherwise legible form, which in view of the selection and arrangement of its integral parts, meets the requirements referred to in Article 2, Paragraph 1, of this Law.
- (4)
- The protection of a collection shall in no way restrict the rights of authors of the works constituting an integral part of the collection.
Article 6
- (1)
- The protection of copyright shall not apply to general ideas, procedures and methods of operations or mathematical concepts as such, as well as concepts, principles and instructions included in a work of authorship.
- (2)
- The following shall not be deemed works of authorship: 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
- (1)
- A work of authorship shall be deemed disclosed once it is communicated to the public for the first time by its author or a person duly authorized by him/her, in any way and anywhere in the world.
- (2)
- A work of authorship has been communicated to the public if it has been made available to a larger number of persons not connected by family or other personal ties.
- (3)
- A work of authorship shall be deemed published once the copies of it are released by its author or a person duly authorized by him/her, in a number, which in view of the kind and nature of the work, can satisfy the needs of the public.
- (4)
- A work of fine arts shall also be deemed published when the original or at least a copy of that work is made accessible to the public on a permanent basis by its author or a person duly authorized by him/her.
1 Adopted on 11 December 2009, published on 16 December 2009 (Official Gazette of the Republic of Serbia No 104/09, entered into force on 24 December 2009.
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 - (1)
- An author is a natural person who has created a work of authorship (hereinafter: the work).
- (2)
- An author shall be understood to mean a person whose name, pseudonym or mark is stated on copies of the work or is referred to on the occasion of publication of the work, until proven to the contrary. Exceptionally, legal or natural person whose title and/or name is in the usual way displayed on the film work shall be considered as the producer of that work, until proven to the contrary.
- (3)
- The author of the work shall be the holder of copyright.
- (4)
- Besides the author, the holder of copyright may also be a person who is not an author who has acquired the copyright in accordance with this Law.
Article 10
- (1)
- A co-author is a natural person who has created a work on the basis of creative work with another person.
- (2)
- Co-authors shall be joint holders of the copyright on a work of authorship, unless otherwise provided by this Law or a contract governing their mutual relations.
- (3)
- The consent of all co-authors shall be necessary for the exercise of a copyright and its assignment. A co-author may not withhold his/her consent contrary to the principle of good faith and fair dealing, or do anything that is harmful or could be harmful to the interests of other co-authors.
- (4)
- Each co-author shall be authorized to file an action for the protection of right with respect to the co-authored work, in which case he/she may file claims only in his/her own name and for his/her own behalf.
- (5)
- Co-authors shall share the economic benefit from exploiting a co-authored work in proportion to the actual contribution made by each of them to the creation of such work, unless otherwise agreed on among them.
Article 11
- (1)
- The scriptwriter, director and chief cameraman shall be regarded as co-authors of a film.
- (2)
- If music makes up an essential component of a film (musical film) and it has been composed for that film, then also the composer shall be regarded as a co-author of that film.
- (3)
- In a cartoon and/or animated film, or in a film where drawings or animation are its essential elements, the main film-animator shall also be deemed to be the coauthor of the film.
- (1)
- If two or more authors combine their works for the sake of joint exploitation, each author shall reserve his/her right on his/her work.
- (2)
- The relations between the authors of combined works shall be determined by contract.
Article 13
- (1)
- The copyright on a work of authorship, the author of which is unknown (an anonymous work or a work under pseudonym), shall be held by the following: 1) If published, by its publisher; 2) If disclosed, but not published, by the person who has disclosed it.
- (2)
- If proved that persons referred to in Paragraph 1 of this Article have not acquired the permission to publish and/or disclose the work from its author or his/her successor, Paragraph 1 of this Article shall not apply.
- (3)
- Once the identity of the author of a work referred to in Paragraph 1 of this Article is established, the rights of the publisher and/or the person who has disclosed it shall be terminated
Article 12
4. CONTENT OF THE COPYRIGHT
4.1. Author’s Moral Rights
4.1.1. Right of Authorship Article 14 Any author shall have the exclusive right to be recognized as the author of his work.
4.1.2 Right to be Named Article 15 Any author shall have the exclusive right to his/her name, pseudonym or mark being put on each copy of his work or be quoted at each public communication of that work, unless that is technically impossible or unfeasible in regard to the concrete form of the public communication of the work.
4.1.3. Right of Disclosure Article 16 - (1)
- Any author shall have the exclusive right to disclose his/her work and set the way in which it is to be disclosed.
- (2)
- Pending the disclosure of a work, only its author shall have the exclusive right to give information in public about the contents of his/her work or to describe it.
4.1.4. Right of Protection of the Work’s Integrity 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 unauthorized 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.
4.1.5. Right to Oppose Unbecoming Exploitation of the Work 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 - (1)
- Any author shall have the right to commercial exploitation of his/her work, as well as of a work resulting from the modification of his/her work.
- (2)
- Any author shall be entitled to remuneration for the exploitation of his work by another person, unless otherwise provided by this Law or a contract.
4.2.1. Right to Affix or Reproduce Article 20 - (1)
- The author shall have the exclusive right to authorize or prohibit fixation or reproduction of his work in total or partially, in any tangible or intangible, permanent or temporary, direct or indirect manner.
- (2)
- Besides the acts referred to in Paragraph 1 of this Article, the reproduction of the works of architecture shall also be understood to mean the construction of buildings in accordance with drawings and/or designs.
- (3)
- Reproduction of the works shall exist regardless of the number of their copies, technique by which they are multiplied or the durability of the copy.
- (4)
- If the work of authorship is a computer program, reproduction shall also be understood to mean the storage of the program, wholly or partially, in the computer memory and running the program in the computer.
4.2.2. The Right to Place in Circulation Copies of the Work. Article 21 - (1)
- The author shall have the exclusive right to prohibit anybody from placing copies of his work on the market or to permit him/her to do so.
- (2)
- Placing copies of a work on the market shall also include the following: 1) Offering copies of the work for the purposes of placing it in circulation; 2) Storing copies of the work for the purposes of placing it in circulation; 3) Importing copies of the work.
- (3)
- The right of an author to place copies of the work on the market shall not affect any owner of a copy of the work who has legally acquired in the Republic of Serbia that copy from the author or the author’s legal successor (the exhaustion of right). The owner of the copy of a work, who has legally obtained it from its author or his legal successor, may freely dispose of the copy of the work.
4.2.3. The Right to Rent Copies of the Work Article 22 - (1)
- The author shall have the exclusive right to give permission or prohibit renting copies of his/her work. For the purposes of this Law, “renting” means making copies of the work available for use to other persons for a limited period of time and for direct or indirect pecuniary benefit.
- (2)
- If an author licenses his/her right referred to in Paragraph 1 of this Article to a producer of phonograms and/or videograms, he/she shall retain the right to obtain an equitable remuneration for the rental of the work (work recorded on a video cassette, audio cassette, compact disc and the like).
- (3)
- The author may not waive the right to remuneration referred to in Paragraph 2 of this Article.
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 materialized 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 - (1)
- The author shall have the exclusive right to permit or prohibit performance of his/her work.
- (2)
- For the purposes of Paragraph 1 of this Article, performance shall be understood to mean public communication of non-stage works (speech, music) live to the audience.
4.2.6. The Right to Present Article 26 - (1)
- The author shall have the exclusive right to give permission or prohibit presentations of his/her work.
- (2)
- For the purposes of Paragraph 1 of this Article, presentation shall be understood to mean public communication of stage works (dramatic, dramatic-musical, choreographic, pantomimic) live to the audience.
4.2.7. The Right to Transmit Performance or Presentation Article 27 - (1)
- The author shall have the exclusive right to give permission or prohibit transmitting of the performance or presentation of his/her work.
- (2)
- For the purposes of Paragraph 1 of this Article, transmission shall be understood to mean the simultaneous public communication of a work that is being performed or presented to the audience present outside the premises on which the work is being performed or presented live, with the means of technical devices, such as a loudspeaker or a screen and a loudspeaker.
4.2.8. The Right to Broadcast Article 28 - (1)
- The author shall have the exclusive right to give permission or prohibit broadcasting of his/her work.
- (2)
- For the purposes of Paragraph 1 of this Article, broadcasting shall be understood to mean public communication of a work by wire or wireless transmission of radio or television programme signals intended for public reception (radio broadcasting and cable broadcasting).
- (3)
- The wireless and wire broadcasting are two different ways of exploiting a work and they make up the subject-matter of two different copyright authorizations, except in the following cases: 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)
- For the purposes of Paragraph 2 of this Article, special broadcasting operation shall also be deemed to exist when signals intended for public reception are transmitted in an uninterrupted communication chain to a satellite and back to the ground, under the control of a broadcaster (hereinafter: the broadcasting organization), which shall be responsible therefore.
- (5)
- If the program signals are coded, transmission via satellite shall be deemed to exist on condition that the signal decoding devices are accessible to the public through a broadcasting organization referred to in Paragraph 4 of this Article or through a third party duly authorized by the broadcasting organization.
4.2.9 The Right of Re-Broadcasting Article 29.
(1)The author has the exclusive right to forbid or allow some other person that the copyright protected work broadcasted in radio diffusion should be simultaneously communicated to the public in the unchanged shape and as a whole: 1) when the communication to the public is performed by another broadcasting organization, and not the one that has originally broadcasted the work; 2) when the communication to the public is performed by the cable or micro wave system or when the work is originally broadcasted from another country (cable re-broadcasting). - (2)
- In the case of cable rebroadcasting or works, the right of the author is realized only through the collective management organization for copyright and related rights.
- (3)
- The provision of the paragraph 2 of this article is not applied in the case of cable rebroadcasting if it concerns the emissions belonging to the broadcasting organizations, regardless whether those are the original rights of the broadcasting organizations or the rights transferred to them by the other holders of rights.
4.2.10 The Right to Public Communication, including the Interactive Communication of the Work to the Public Article 30 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.
4.2.11 The Right to Adapt, Arrange or Alter the Work in Some Other Manner Article 31 The author shall have the exclusive right to prohibit or permit adaptation, arrangement or other alterations of his/her work.
4.2.12 The Right to Communicate a Broadcasted Work to the Public Article 32 The author shall have the exclusive right to give permission or prohibit communication of his/her work that is being broadcasted, or re-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.
4.2.13 The Right to Communicate a Work from a Sound or Picture Carrier to the Public Article 33 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 34 - (1)
- Any author shall have the right to request an owner of a copy of his work to allow him/her access to that copy, if so is necessary for the reproduction of that work and if that is not a threat to justified interests of the owner or the person keeping the work in his/her possession.
- (2)
- The owner of a work or the person keeping it in his/her possession referred to in Paragraph 1 of this Article, shall not have to hand over a copy of the work to the author.
4.3.2. Droit de Suite Article 35 - (1)
- If an owner of an original copy of a work of fine arts or an original copy of manuscript of a literary, scientific or musical work sells that copy, and/or manuscript to other person, the author of the work shall have the right to be notified of that fact and to claim remuneration amounting to 3% of the sale price.
- (2)
- The author may not waive or dispose of the right referred to in Paragraph 1 of this Article.
- (3)
- The right referred to in Paragraph 1 of this Article shall be inheritable.
- (4)
- The right referred to in Paragraph 1 of this Article shall not exist if related to works from the area of architecture and cinematography works, as well as if related to works whose original copy, and/or manuscript is a subject-matter of the sale transaction between natural persons acting in their private capacity.
Article 36
- (1)
- The seller and a gallery keeper or an organizer of a public auction for the original work, and/or manuscript shall be jointly and severally liable for the obligations referred to in Article 35 of this Law.
- (2)
- The notification obligation is due on the 15th day after the sale is completed, and consists of the following information: sale price, name and the address of the seller and the buyer. The obligation to pay remuneration is due on the 30th day after the sale is completed, and the amount of the remuneration is to be calculated on the basis of net selling price.
- (3)
- If there is a reasonable doubt related to correctness and completeness of the notification referred to in Paragraph 2 of this Article, the author shall have the 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 organizer of the public auction.
4.3.3. Right to Prohibit the Exhibition of the Original Copy of a Work of Fine Arts Article 37 - (1)
- The owner of the original version of a painting, sculpture and photograph shall have the right to exhibit such item, regardless of whether it has been disclosed, unless expressly prohibited by the author in writing, a the time original version was disposed of.
- (2)
- No author may prohibit the displaying of the original version of a work belonging to a museum, art gallery or a similar public institution.
4.3.4. Author’s Priority Right of Modification of a Work of Architecture Article 38
(1) If the owner of a building, which is a materialized work of architecture, intends to make certain alterations on that building, he/she shall first offer the author to make such alteration, if he/she is accessible. Author has the obligation to make a declaration concerning the offer of the owner of the building in the term of 30 days from the reception date of the offer.
(2)The author of the work of architecture can not oppose to the alterations of his work if the need to make alterations came out of the circumstances involving safety risk or technical reasons.
(3) The author’s moral rights shall be observed if alterations in a building are not made in accordance with the modification of the work made by the author.
4.4. Authors’ Right to Special Remuneration
Article 39
(1) The authors of works, which in view of their nature, can be expected to be reproduced for personal non-commercial purposes on sound, picture and text carriers (works of literature, music, cinematographic works and similar), shall have the right to remuneration on the basis of import and/or sale of technical devices and sound, picture and text carriers, for which it can je justifiably assumed that they shall be used for such reproduction.
(2)The remuneration from paragraph 1 of this article are paid by the producers of devices for sound or visual recording, producers of photocopying devices or other devices with the similar technology for multiplication, the producers of empty carriers of sound, picture and text, and in solidarity with them, the importers of devices for sound or visual recording, photocopying devices or other devices with the similar technology for reproduction and empty carriers of sound, picture or text, with the exception of the import of small amounts intended for the private and non commercial use, as part of the personal luggage. - (3)
- If the devices and items from paragraph 1 of this article are not produced in the Republic of Serbia, the remuneration is paid by the importer.
- (4)
- The obligation for the payment of remuneration from paragraph 1 of this article orginates: 1) at the fist sale in the Republic of Serbia or import in the Republic of Serbia of new devices for sound or visual recording; 2) at the first sale in the Republic of Serbia or import in the Republic of Serbia, of empty carriers of sound, picture and text; 3) at the first sale in the Republic of Serbia or import in the Republic of Serbia, of new devices for photocopying or other devices with the similar technology of copying.
- (5)
- In the case of copying works protected by copyright by photocopying or similar technology, apart from the right to remuneration from paragraph 1 of this article, the author has the right to remuneration from the legal or natural person providing commercial services of photocopying.
- (6)
- Persons from paragraph 2 of this article do not pay remuneration for the: 1) technical devices and empty carriers of sound, picture and text if they are intended for export, 2) technical devices which are usually not used for the copying of works for personal non commercial purposes (for example, studio equipment and devices, dictaphone, and similar), 3) empty carriers of sound, picture and text applicable exclusively with technical devices from item 2 of this paragraph.
- (7)
- Persons from paragraphs 2 and 5 of this article have an obligation, at the request of the organizations for collective management of copyright and related rights, to forward information on the type and number of sold or imported devices or carriers of sound, picture and text, as well as information on the number of photocopies made, as the ground for the calculation of compensation. Information obtained in such a way can be used by the organization only for the calculation of the remuneration and must not be used for any other purposes.
- (8)
- Remuneration from paragraphs 1 and 5 of this article must be the fair compensation and the determination of its amount must take into account the probable damage suffered by the author when his work is copied without his permission for personal non commercial use, the application of technical measures of protection and other circumstances that can influence the correct calculation of the amount of this special remuneration.
- (9)
- The authors may realize their right to remuneration from paragraphs 1 and 5 of this article only through the organizations for collective management of copyright and related rights.
- (10)
- At the proposal of the bodies of government administration competent for the intellectual property matters (henceforward: competent body), with the previously obtained opinion of the body of government administration competent for the development of information society, the Government shall establish the list of technical devices and objects for which there is an obligation of payment of special remuneration under the conditions of paragraphs 1 to 9 of this article.
Article 40
- (1)
- The author shall have the right to remuneration from the person who lends copies of his/ her work, except computer programs, when such person is registered for such an activity.
- (2)
- Provision of paragraph 1 of this Article shall not apply when lending: 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 organization for collective exercise of copyright and related rights.
5. LIMITATIONS ON COPYRIGHT
5.1. Common Provision
Article 41 - (1)
- In the cases in which a work of authorship is exploited pursuant to the provisions of this Law dealing with limitations on copyright, the name of that work’s author and the source from which the work was taken (publisher of the work, year and place of publication, periodical, newspaper, television or radio station where the work or a part of it was originally published or directly taken from, and the like), shall be quoted.
- (2)
- In any specific case, the scope of limitation of exclusive rights may not conflict with a normal exploitation of the work nor may unreasonably prejudice the legitimate interests of the author.
5.2. Suspension of Exclusive Rights and Right to Remuneration
Article 42 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 43 - (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
I. SUBJECT-MATTER OF THE LAW
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, and rights of the editors of printed editions 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 Adopted on 11 December 2009, published on 16 December 2009 (Official Gazette of the Republic of Serbia No 104/09, entered into force on 24 December 2009.
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 Article 12
4. CONTENT OF THE COPYRIGHT
4.1. Author’s Moral Rights
4.1.1. Right of Authorship Article 14 Any author shall have the exclusive right to be recognized as the author of his work.
4.1.2 Right to be Named Article 15 Any author shall have the exclusive right to his/her name, pseudonym or mark being put on each copy of his work or be quoted at each public communication of that work, unless that is technically impossible or unfeasible in regard to the concrete form of the public communication of the work.
4.1.3. Right of Disclosure Article 16 4.1.4. Right of Protection of the Work’s Integrity 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 unauthorized 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.
4.1.5. Right to Oppose Unbecoming Exploitation of the Work 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 materialized 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 4.2.9 The Right of Re-Broadcasting Article 29.
(1)The author has the exclusive right to forbid or allow some other person that the copyright protected work broadcasted in radio diffusion should be simultaneously communicated to the public in the unchanged shape and as a whole: 1) when the communication to the public is performed by another broadcasting organization, and not the one that has originally broadcasted the work; 2) when the communication to the public is performed by the cable or micro wave system or when the work is originally broadcasted from another country (cable re-broadcasting). 4.2.10 The Right to Public Communication, including the Interactive Communication of the Work to the Public Article 30 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.
4.2.11 The Right to Adapt, Arrange or Alter the Work in Some Other Manner Article 31 The author shall have the exclusive right to prohibit or permit adaptation, arrangement or other alterations of his/her work.
4.2.12 The Right to Communicate a Broadcasted Work to the Public Article 32 The author shall have the exclusive right to give permission or prohibit communication of his/her work that is being broadcasted, or re-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.
4.2.13 The Right to Communicate a Work from a Sound or Picture Carrier to the Public Article 33 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 34 4.3.2. Droit de Suite Article 35 4.3.3. Right to Prohibit the Exhibition of the Original Copy of a Work of Fine Arts Article 37 4.3.4. Author’s Priority Right of Modification of a Work of Architecture Article 38
(1) If the owner of a building, which is a materialized work of architecture, intends to make certain alterations on that building, he/she shall first offer the author to make such alteration, if he/she is accessible. Author has the obligation to make a declaration concerning the offer of the owner of the building in the term of 30 days from the reception date of the offer.
(2)The author of the work of architecture can not oppose to the alterations of his work if the need to make alterations came out of the circumstances involving safety risk or technical reasons.
(3) The author’s moral rights shall be observed if alterations in a building are not made in accordance with the modification of the work made by the author.
4.4. Authors’ Right to Special Remuneration
Article 39
(1) The authors of works, which in view of their nature, can be expected to be reproduced for personal non-commercial purposes on sound, picture and text carriers (works of literature, music, cinematographic works and similar), shall have the right to remuneration on the basis of import and/or sale of technical devices and sound, picture and text carriers, for which it can je justifiably assumed that they shall be used for such reproduction.
(2)The remuneration from paragraph 1 of this article are paid by the producers of devices for sound or visual recording, producers of photocopying devices or other devices with the similar technology for multiplication, the producers of empty carriers of sound, picture and text, and in solidarity with them, the importers of devices for sound or visual recording, photocopying devices or other devices with the similar technology for reproduction and empty carriers of sound, picture or text, with the exception of the import of small amounts intended for the private and non commercial use, as part of the personal luggage. 5. LIMITATIONS ON COPYRIGHT
5.1. Common Provision
Article 41 5.2. Suspension of Exclusive Rights and Right to Remuneration
Article 42 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 43