17. 05. 2009

ANEM AMENDMENTS TO THE DRAFT LAW ON COPYRIGHT AND RELATED RIGHTS

Draft on Copyright and Related Rights, prepared by the Intellectual Property Office and competent ministry, was the subject of a round table held on May 11th 2009, in Belgrade. ANEM took an active participation in it, representing the broadcasters, who are users, in a great number, of copyright and related rights objects. For more about ANEM participation in public debate, see here

A key novelty, inserted into this draft Law, which ANEM has constantly advocated for, concerns the determining of tariffs by agreement, by which users are compulsory included in setting of the level of fees.
 
Aiming to improve the proposed solution of this draft, ANEM has also submitted its written amendments to competent authorities, prepared with a professional assistance of the law office “Zivkovic & Samardzic”. These amendments are intended to better positioning of broadcasters and their relations with the collective societies, as well as to regulating of clearer and more transparent work of collective societies.

The most important amendments of ANEM are as follows:

1. Collective societies, for the legal security, must be registered in the Serbian Business Registers Agency.
2. The records of the collective societies, keeping by the Intellectual Property Office, must be available at the Internet.
3. The most significant important decisions of collective societies (statute, tariffs, distribution plan and related documents) must be published on the Internet, not later than a day after the decision.
4. Revoking the license of collective societies by Intellectual Property Office in cases of repeated or uneliminated irregularities in work.
5. Collective societies must publicly announce the call for negotiations in the newspapers and at Internet, not only in the Official Gazette of Republic of Serbia.
6. Limit the maximum amount of fees for the use of copyright and related rights objects in broadcasting, on 3.5% of revenues obtained by usage of subject-matter works.
7. In determining the level of fees regarding the use of copyright and related rights objects in broadcasting, the following criteria must be considered: the assessment of the value of radio and TV advertising market, information on number and type of issued broadcasting licenses, data on number and type of stations broadcasting without a license and assessment of purchasing power of citizens of other country which can be compared to Serbia.
8. Avoid double payment of the fees, for cable and terrestrial broadcasting of the same program. 
9. Define representative users’ societies for broadcasters (one who has at least 2 national or at least 18 regional radio or TV stations in its membership).
10. Two members of the Commission (which gives consent to the level of fees in case of inability to achieve agreement between the collective organizations and users) and one deputy are to be nominated by the representative users’ societies. Since the Commission is an expert body, two nominated members needn’t be members of the representative users’ societies.

Integral version of all ANEM suggestions is available only in Serbian.

Most of ANEM amendments on Draft of Law on Copyright and Related Rights are accepted and included in its revised text, which is submitted to authorities and Government of Republic of Serbia for further reviewing; thereupon it goes on Assembly procedure for adoption.

Preparation of amendments by the Law Office “Zivkovic & Samardzic” was supported by the Swedish Helsinki Committee.

ANEM amendments to the draft Law (available only in Serbian)