Chapter IV., Section 2, of the Law on Copyright and Related Rights (SaM Official Gazette, no. 119/12 and 29/16
), governs collective administration of copyright and related rights, through organizations for collective administration of copyright and related rights.
In this context, the Law specifies all the requirements which should be met in relation to:
- Founding of a collective administration organization;
- Bodies of an organization;
- General enactments of an organization;
- Application of other regulations mutatis mutandis;
- Duties of an organization;
- Obligations of users;
- Supervision over the organization’s activity.
The Intellectual Property Office as special organization of government administration of Republic of Serbia responsible for intellectual property matters, on the basis of the Law, that is, Articles 152 to 191, issues operating licenses for the performance of the activity of collective administration to applicants, i.e., issues decisions on refusal of applications, as well as decisions on the renewal of operating licenses for the performance of the activity of collective administration of copyright and related rights.
An application for the foundation of an organization may be filed by:
- Owners/holders of copyright and/or related rights;
- Their associations.
A duly filed request for the granting of an operating license for the performance of the activity of collective administration of copyright and related rights has to contain:
- Memorandum of Association/Founding Decision of the organization;
- Draft Statute
- A transcript of the Court Registry, if the founders are legal entities;
- Proof of the registered address of the legal entity in Republic of Serbia;
- A report on the total number of authors/owners/holders of the copyright and related rights that they represent;
- Proof of the existence of prerequisites in terms of staffing, equipment and organization for efficient collective administration of rights;
- Proof of the payment of the prescribed fee laid down by the law which governs administrative fees.
The operating licence shall be issued to an organization that filed a request in compliance with the Article 157, paragraph 3 of this Law, if it fulfills the following conditions:
1) It has a business seat in the Republic of Serbia;
2) Its founders represent the majority of holders of copyrights and/or related
rights in the activity of that organization that are residents or citizens of the Republic of Serbia;
3) In terms of staff, finances, equipment and organization, it is capable to
efficiently exercise the rights of domestic and foreign holders of copyrights
and/or related rights in the Republic of Serbia, and/or the rights of domestic holders of copyrights and/or related rights abroad in the fields to which its business relates.
4) foundation act and statute of the organization in compliance with the stipulations of this Law.
Following organizations for collective administration of copyright and related rights are licensed:
- “SOKOJ“ – Society for Protection of Copyright in Music, Belgrade, Mišarska 12-14; http://www.sokoj.rs/
- “OFPS“ – Organization for Collective Administration of Phonogram Producers’ Related Rights of Serbia, Belgrade, Tabanovačka 27; http://www.ofps.org.rs/
- “PI“ – Organization for Collective Administration of Interpreters` rights, Belgrade, Majke Jevrosime 38; http://pravainterpretatora.org/
- "OFA" - Organization of authors of photographs, Belgrade, Vladimira Popovića 36/18; http://www.ofa.rs
- "OORP" - Organization for the management of reprographic rights, Belgrade, Makedonska 5, 2nd Floor, Shopping Centre "Staklenac" at the Republic Square; http://oorp.rs
- "UFUS AFA PROTECTION" - Serbian film authors organisation, Belgrade, Terazije 26; www.ufusafazastita.org.rs