SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
3. Copyright 3.1 Legal Framework and Copyrightable Works Copyright Protection in Serbia Legislative framework The primary legislation governing copyright in the Republic of Serbia is the Law on Copyright and Relat- ed Rights. This legal framework establishes the pro- tection of original intellectual creations, regardless of their scientific, artistic, or other value. The law adopts a broad approach, ensuring that any work expressed in a specific form receives protection from the moment of its creation. Protected categories of works The Serbian legal system protects a wide range of intellectual creations, provided they satisfy the require- ment of originality. While the law offers an extensive list of protected works, these are considered illustra- tive rather than exhaustive. Key categories include: • Literary and oral works: this covers books, bro- chures, articles, translations, and speeches. • Digital and technical creations: computer programs are protected in any form of expression, including their accompanying technical documentation and preparatory materials. • Artistic and performance works: this group includes musical compositions, dramatic works, choreography, and cinematographic creations. • Visual and spatial arts: protection extends to paintings, drawings, sculptures, and photographic works. • Technical and cartographic works: plans, sketches, maps, and architectural models are also recog- nised as copyrightable subject matter. Applied art and industrial design Works of applied art and industrial design enjoy explic- it protection under the Serbian Law on Copyright and Related Rights. This ensures that aesthetic creations used in everyday objects are treated as artistic works. Such protection focuses on the original expression of the creator rather than the functional aspects of the item.
While copyright covers the artistic elements, indus- trial designs are also subject to a separate special- ised legal regime. The Law on the Legal Protection of Industrial Design provides a specific framework for protecting the three-dimensional or two-dimensional appearance of a product. Consequently, creators in Serbia often benefit from a dual system of protection, utilising both copyright and registered design rights to secure their intellectual property. 3.2 Requirements for Copyright Protection Requirements and Formalities for Copyright Protection Standards for originality and creativity In the Republic of Serbia, a work must be an origi- nal spiritual creation expressed in a specific form to qualify for copyright protection. The legal framework focuses strictly on the individual intellectual expres- sion of the author, reflecting their unique personal- ity and creative choices. Consequently, the specific artistic, scientific, or social value of the work does not Copyright protects the expression of an idea rather than the idea itself. A concept only receives legal protection once it is manifested in a specific form, such as a written manuscript, a musical recording, or a captured film sequence. This requirement ensures that protection is granted to tangible creative outputs rather than abstract thoughts or methods. Human authorship and artificial intelligence The Serbian legal system recognises only natural persons as authors because a work must represent a reflection of the human spirit and intellect. This human-centric approach distinguishes traditional creations from those generated by non-human enti- ties. Under current interpretations, outputs produced solely by artificial intelligence do not meet the crite- ria for authorship as they lack the required subjective spiritual expression. Automatic protection and deposit procedures Copyright protection in Serbia is acquired automati- cally at the moment of the work’s creation. There are no mandatory formalities or registration requirements to secure these rights. An author enjoys full legal pro- influence its eligibility for protection. Expression and fixation of ideas
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