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Copyright and related rights

Creative industries are based on original spiritual creations expressed in a certain form.
If your work is in the fields of literature, art, architecture, computer programs, film and other creative fields, learn more about copyright and related rights.

Copyright

Copyright is the right that belongs to authors (creators) of literature, scientific and artistic works (copyright works) and which includes a serial of economic and moral rights of authors with regard to his copyright work. Copyright work begins to exist automatically, meaning by force of the law (article 8 of the Law on Copyright and Related Rights) from the moment when the author completed working on his copyright work. Therefore, if you completed work on your copyright work, you should know that you do not need to undertake any legal acts before the bodies of government administration to acquire copyright protection. It is enough that you have finished your copyright work, and the rights begin to exist from that moment- moment of creation and last during your lifetime and 70 years post mortem. Although copyright protection on the work exists from the date of creation of the work, there is an voluntary institute of depositing copyright protected work in the Intellectual Property Office which serves exclusively as the security of the material proof on the facts that may be important for the possible legal court suite or some other need with regard to the subject matter of depositing.

Copyright work is the original intellectual creation of an author, expressed in a certain form, regardless 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. The following shall be deemed works of authorship in particular: literature works (novels, poems, etc.), dramatic works, computer programs, data bases, films, musical works, choreographic works, works of fine arts such as: pictures, graphics, drawings and sculptures, then works of architecture, applied arts, cartographic works, plans, drawings, photographs, etc.

In the Republic of Serbia, the author has the following moral (personal) rights: right to be recognized as the author of his work; right to have the name of the author designated on every copy of the work; right of the author to have his work published and set the way in which it is to be published; right to protect the integrity of his/her work and right to oppose the exploitation of his/her work in a manner that is posing or could pose a threat to his honor or reputation.

In the Republic of Serbia, the author has the following economic rights: right to authorize or prohibit multiplication of work, authorize or prohibit marketing copies of the work in the channels of commerce, right to authorize or prohibit the renting of the copies of the work, right to authorize or prohibit the performance and representation of his work, right to authorize or prohibit performance of his/her work,, right to authorize or prohibit the broadcasting or rebroadcasting of his work, right to authorize or prohibit the public communication of his work, including making the work available to the public so that the members of the public may access it from the place and at the time they choose, right to authorize or prohibit the adaptation, arrangement or other alteration of work, right to authorize or prohibit the public communication of work that is broadcasted and public communication of work from the carrier of sound or picture.

Apart from the above mentioned moral and economic rights, the author in the Republic of Serbia enjoys some special, specific rights, such as: right to the access to the copy of the work, resale right, right to forbid exhibition of the original copy of the work of fine art and author’s priority right of modification of the works of architecture and right of the author for special remuneration ( private copy renumeration) and right of the author to remuneration in the case of lending of the copies of the work.

Related rights

Related rights are rights that are close to copyrights or related to them, but their subject matter of protection is not copyright work but interpretation, phonogram, videogram and other subject matters of protection established in the Law on Copyright and Related Rights. In the Republic of Serbia, related rights protection is granted to:

  1. Performers on their performances;
  2. Producers of phonograms on their phonograms;
  3. Film producers on their videograms;
  4. Producers of broadcasts on their broadcasts;
  5. Producers of databases on their databases;
  6. Publishers of free works and publishers of printed editions on their editions.

For the beginning of protection of related rights, the important issue is the moment of the creation of the performance, phonogram, videogram, database, or the date of the first broadcasting or the date of publishing. Just like with copyright works, also with the related rights subject matter, it is not necessary to initiate any administrative procedure with the government bodies, but the term of duration of protection for related rights are calculated from the date of creation, broadcasting, or publishing of the subject matter of related rights. As an option, the subject matter of related rights may be deposited in the Intellectual Property Office exclusively for the purpose of securing the material proof on the facts that can be of importance for the possible legal suit before the court or some other need related to the subject matter of depositing.

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Laws and regulations

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The Law on Copyright and Related Rights

“Official Gazette of RS”, No. 104/09, 99/11, 119/12, 29/16-decision of Constitutional Court and 66/19

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Regulation on the conditions to be fulfilled for the deposit of the copies of copyright protected works and subject matter of related rights, entry in the Register and deposit of copyright protected works and subject matter of related rights and the contents of the registration of deposited copyright protected works and subject matter of related rights with the competent authority

“Official Gazette RS”, No. 45/2010; since July 3, 2010; in force since July 11, 2010

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The most frequesnt questions

See answers to frequently asked questions

What is not covered by copyright protection?

Copyright protection does not cover general ideas, procedures, methods of work, or mathematical c...

Copyright protection does not cover general ideas, procedures, methods of work, or mathematical concepts as such, as well as the principles, principles and instructions contained in the author’s work. The following are not considered copyrighted:

  1. Laws, bylaws and other regulations;
  2. Official materials of state bodies and bodies performing a public function;
  3. Official translations of regulations and official materials of state bodies and bodies performing a public function;
  4. submissions and other acts in administrative or court proceedings

What is protected by copyright or related rights?

Copyright protects human creations, which have a spiritual content, ...

Copyright protects human creations, which have a spiritual content, which are original and expressed in a certain form.

Author’s works are considered in particular: literary works (novels, poems, etc.), drama works, computer programs, databases, films, musical works, choreographic works, works of fine art such as paintings, graphics, drawings and sculptures, then works architecture, applied arts, cartographic works, plans, sketches, photographs, etc.

Related rights are closely related to copyright. Related rights include: the right of the performer; phonogram producer’s right; the right of the videogram manufacturer; the right of the producer of the show; database producer right; the right of the first publisher of a free work and the right of the publisher of printed publications to a special fee. Related rights do not in any way affect the protection of copyright in respect of their works. Related rights are transferable, except for the personal rights of the performer

How to protect an idea?

The idea does not enjoy copyright protection nor is it possible to protect the idea by any intell...

The idea does not enjoy copyright protection nor is it possible to protect the idea by any intellectual property right. Copyright protects the original human creation expressed in a certain form, while ideas, procedures, methods of work are not subject to copyright protection. An idea is a spiritual content that is found only in the consciousness of the creator. This idea usually crystallizes over time and during one creative process, it matures, and in the end, the creator of the idea manifests and communicates that spiritual content to other people. Then the author’s work separates from the author’s personality and becomes suitable for communication with other people and for exploitation. Thus, the shape of the spiritual content has the character of the form of the author’s work