SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
Works Created Within Employment For works created during the course of employment, the Serbian Law on Copyright and Related Rights establishes a specific temporary transfer of rights. By default, the employer holds the exclusive economic rights to exploit the work within their business activi- ties for a period of five years. After this period expires, the full economic rights revert to the author, unless a different arrangement is stipulated in the employment contract or internal company bylaws. Specific Regime for Software and Databases The legal treatment of software and databases cre- ated within an employment context deviates signifi- cantly from the general rule. For these types of works, the employer is the permanent owner of all exclusive economic rights from the moment of creation, unless the contract states otherwise. This distinction is criti- cal for the technology sector, as it provides companies with long-term legal certainty regarding their digital assets and intellectual property. 3.4 Scope of Rights and Moral Rights Economic Rights and Exploitation The Law on Copyright and Related Rights grants authors the exclusive right to economically exploit their work, including any derivatives created through modification. Authors are generally entitled to remu- neration for each instance of use by third parties, unless otherwise specified by law or contract. These economic rights encompass various methods of exploitation, such as reproduction, distribution, pub- lic performance, broadcasting, and making the work interactively available to the public. The specific right invoked depends on the nature of the user, whether they are a distributor putting copies into circulation or an on-demand platform providing digital access. Nature and Inalienability of Moral Rights Moral rights in Serbia are strictly personal, inalienable, and cannot be assigned or waived during the author’s lifetime. These rights include the right of paternity, the right to be named as the author, the right of publica- tion, and the right to protect the integrity of the work against undignified use. While some practical inter- pretations suggest that the right to publish may be subject to contractual restrictions, this does not con- stitute a legal transfer of the right. Instead, it is viewed
tection from the instant their creation is expressed, regardless of whether the work has been published or officially recorded. Practical benefits of voluntary deposit While registration is not a legal prerequisite, authors may voluntarily deposit their works with the Intellec- tual Property Office of the Republic of Serbia. This administrative procedure serves as a reliable method for establishing a timestamp and a “presumption of authorship.” Depositing works is considered a best practice as it significantly simplifies the burden of proof in the event of future legal disputes or infringe- ment claims. 3.3 Authorship and Ownership Primary and Joint Authorship Under Serbian law, an author is exclusively defined as the natural person who created the work. When a work is the result of the joint creative efforts of two or more individuals, these contributors are recognised as co-authors. They hold joint copyright over the col- lective creation, and unless otherwise agreed, they share economic benefits in proportion to their actual creative contribution. Special Provisions for Audiovisual Works The legal framework specifically defines the circle of co-authors for cinematographic works to ensure clar- ity in the film industry. This group typically includes the scriptwriter, the director, and the principal director of photography. In specific cases, such as musical or animated films, the composer or the lead animator may also be recognised as co-authors if their contri- bution is essential to the work’s core identity. Combined Works Versus Co-authorship It is important to distinguish between co-authorship and the mere combination of independent works for collective exploitation. When two or more authors merge their individual creations ‒ such as an author who writes a novel and an illustrator who later creates specific drawings to accompany the text ‒ they do not necessarily become co-authors. In these instances, each creator retains the individual copyright over their respective part (the text and the illustrations, respec- tively), while collaborating only for the purpose of joint commercial use.
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