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Collective management of copyright and related rights

Copyright and related rights can be exercised individually or collectively. Individually it exists when the author himself independently realizes his rights or does so though the representative. Copyright and related rights are collectively exercised through the Collective management organization. The authors and the holders of copyright and related rights, who then transfer to the CMO in an exclusive manner certain economic rights, establish such organizations. In that way they give order to the organization to conclude in their own name and for their benefit, the contracts with the users of copyright works and subject matter of related rights and to charge remuneration for the exploitation of those rights. The charged remuneration is later distributed by the Organization to the authors and holders of right (those who are their members and those that are not), in compliance with the general act – Distribution Plan passed by the Assembly of the Organization. Those organizations are specific by the fact that they are non-profit organizations and specialized for the exercise of certain kinds of rights on account of certain subject matter of protection in compliance with their Statute. Before the beginning of work, the Organization has the obligation to acquire the license for the performance of the collective exercising of rights issued in the administrative procedure by the Intellectual Property Office. The license is issued for the period of five years since the date of issuing of the decision for grant of license and it can be renewed the unlimited number of times. All along the duration of the license for work, the IPO performs supervision over the work of the organization, controlling if it performs its tasks in compliance with the issued license and the provisions of the Law on Copyright and Related Rights.

Organizations for the Collective Management of Copyright and Related Rights in the Republic of Serbia:

  1. Sokoj – Organization of musical authors of Serbia, Belgrade, Misarska 12-14;
  2. Organization of producers of phonograms of Serbia – OFPS, 11000 Belgrade, Decanska 14/4;
  3. Organization for the collective exercising of the performers rights – PI, Belgrade, Majke Jevrosime 38;
  4. Organization of the authors of photography – OFA, 11070 New Belgrade, Milentija Popovica 23/9;
  5. Organization for the reprographic rights management – OORP, 11070 New Belgrade, Milentija Popovica 23/9;
  6. Organization of the film authors of Serbia – UFUSAFA ZASTITA, Belgrade, Terazije 26;
  7. Actors’s Association of Serbia – GOS, Belgrade, Kursulina 7/2;

Issuance or renewal of a license for the collective exercise of copyright and related rights

Request for the issuing of license for the performance of activities of the collective exercising of copyright or related rights contains:

  1. Foundation act of the CMO;
  2. Statute;
  3. Excerpt from the register of legal persons, if the founders are legal persons;
  4. Proof on the business seat of the organization;
  5. Data on the number of authors, or right holders that empowered the CMO to exercised rights on their works or subject matter of related rights;
  6. List of works or subject matter of the related rights that will compose the repertoire of the organization;
  7. Proof on the fulfillment of expert, technical, financial and organizational conditions for the efficient collective exercising of rights entrusted to them and
  8. Proof on the payment of the prescribed fee established by the Law regulating the Republic administrative fees.

 

License for the performance of activities is issued to the CMO fulfilling the following conditions:

  1. It has seat in the Republic of Serbia;
  2. Its members, who on the basis of authority or contract empowered it to exercised rights on their works or subject matter of related rights, represent the majority of the holders of copyright, or related rights in the field on which the activity of the organization refers, and they have residence or seat in the Republic of Serbia or they have citizenship;
  3. It has expert, financial, technical and organizational preconditions to efficiently manage the rights of domestic and foreign holders of copyright and related rights in the Republic of Serbia or domestic holders of copyright or related rights abroad from the field of the activities that the CMO covers;
  4. Foundation Act and Statute of the CMO is complied with the provisions of the Law on Copyright and Related Rights.
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The most frequesnt questions

See answers to frequently asked questions

Does the Collective organization care about all my rights?

If you are an author, the organization does not represent your moral but only your property right...

If you are an author, the organization does not represent your moral but only your property rights. Which property rights the organization collectively exercises is determined in the license it received from the Intellectual Property Office. They must also be mentioned in its statute.

Do I have to become a member in order for organizations to exercise my rights?

You don’t have to, although membership in an organization certainly has its advantages. The...

You don’t have to, although membership in an organization certainly has its advantages. The organization for the collective exercise of copyright and related rights is obliged, on the basis of Article 180, Paragraph 1 of the Law, to represent those authors and holders of related rights, both foreign and domestic, who are not its members.

Can the organization reject my membership?

It can, although it rarely happens and only under the condition that someone’s membership w...

It can, although it rarely happens and only under the condition that someone’s membership would be contrary to the law, general acts of the organization or good business practice in this area.

The organization must prescribe the conditions for its membership in its statute; these conditions must be clear and transparent and must not be discriminatory. Every right holder, be he a top artist or a beginner, has rights guaranteed by law and the Constitution that no one can deny him.

Can I become a member of an organization in Serbia if I have foreign citizenship?

There are no legal obstacles to this. However, such a practice is not common in Europe. In organi...

There are no legal obstacles to this. However, such a practice is not common in Europe. In organizations such as PRS for Music, SACEM, SIAE, direct membership of foreigners ranges from 7-10%.

I import optical discs, flash drives, CD burners, DVD recorders and organizations ask me to pay a fee. Why it mast be paid?

This is a special fee provided by the Law on Copyright and Related Rights (Article 39). A special...

This is a special fee provided by the Law on Copyright and Related Rights (Article 39). A special fee is compensation paid to authors and holders of copyright and related rights due to mass copying of their copyrighted works by individuals for their personal, non-commercial needs. For example, if an individual records a movie from a television on the hard disk of his DVD recorder to watch it the next day, or to have his own copy in his personal film collection, then such duplication could be characterized as non-commercial duplication for the individual use. It is clear, however, that in that case the author and the publisher suffer damage, because the one who “burned” the film on a blank optical disc will most likely not buy that film in a legal sale, from which both the author and the publisher would benefit.

Who issues licenses for the collective exercise of copyright and related rights in the Republic of Serbia, and are there the representative criteria for issuing a license?

The licenses are issued by the Intellectual Property Office of the Republic of Serbia and there i...

The licenses are issued by the Intellectual Property Office of the Republic of Serbia and there is a fee that has to be paid for the license.

The organization must represent the majority of copyright holders or related rights in the field to which the activity of the organization refers. Holders of copyright and related rights that make up that majority must have a permanent residence in the Republic of Serbia or be its citizens. (Article 158, paragraph 1, item 1 of the Law). How exactly this majority amounts to is a factual question and depends on which authors or rightholders, apply for license. For example, there are about 60 phonogram producers in the Republic of Serbia, while there are several thousand composers. It is then understood that the required “majority of right holders” to obtain a permit in the first case will be far less than the required majority in the second.