Chapter IV., Section 2, of the Law on Copyright and Related Rights (SaM Official Gazette, no. 61/04), 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 149 to 174, 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:
- Authors;
- 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 license is issued to an organization that meets the requirements set out in Article 155 of the Law:
- that it has a corporate domicile in Republic of Serbia;
- that its founders represent the majority of holders/owners of copyrights and/or related rights, who are residents or citizens of Republic of Serbia, in the field to which the organization’s business relates;
- that, in terms of staff, finances, equipment and organization, is capable to efficiently exercise the rights of domestic and foreign holders/owners of copyrights and/or related rights in Serbia, and/or domestic holders/owners of copyrights and/or related rights abroad, in the field to which its business relates.
In 2005, in the Records of Collective Administration Organizations which are kept in the Office pursuant to Article 159 of the Law, the following organizations were registered:
1. “SOKOJ“ – Society for Protection of Copyright in Music, Belgrade, Mišarska 12-14;
2. “OFPS“ – Organization for Collective Administration of Phonogram Producers’ Related Rights of Serbia, Belgrade, Admirala Vukovića 38.
3. “PRAGUS“ – Organization for Collective Administration of Actors`rights, Belgrade, Masarikova 5.
4. “PI“ – Organization for Collective Administration of Interpreters` rights, Belgrade, Majke Jevrosime 38. |