SERBIA Law and Practice Contributed by: Stevan Pajović, Tamara Simić Pajović, Medo Zornić and Jelena Stoljiljković, T-S Legal
as a contractual obligation where the author agrees to refrain from exercising certain moral prerogatives to facilitate the commercial use of the work. Inheritance and Post-Mortem Protection Upon the author’s death, the protection of moral rights passes to their legal heirs, who may exercise these powers to preserve the author’s legacy. Heirs are per- mitted to enforce the rights of paternity and integrity, although they cannot alter the work or publish it if the author explicitly prohibited such action. Beyond the immediate heirs, professional associations and cultural or scientific institutions also hold the stand- ing to protect the paternity and integrity of a work. This multi-layered approach ensures that the spiritual bond between the creator and their creation remains legally protected even after the economic rights have expired. 3.5 Term of Protection and Termination Duration of Copyright Protection In the Republic of Serbia, economic rights last for the life of the author plus 70 years after their death. For works of joint authorship, this period is calculated from the death of the last surviving co-author. If the work is anonymous or published under a pseudonym, the protection expires 70 years after the date of its lawful publication. This long-term protection ensures that the author’s heirs can economically benefit from Serbian law recognises specific mechanisms that allow an author to terminate a contract or regain their rights under certain conditions. For instance, if a holder of exclusive economic rights fails to exploit the work within two years of the assignment, the author may request the termination of the agreement. This “right of non-use” prevents the stagnation of creative works and ensures they reach the public as intended. Right of Withdrawal and Disproportionate Remuneration Authors also possess a unique moral right to withdraw their work from circulation if its further use would sig- nificantly damage their reputation or conflict with their changed convictions. Exercising this right requires the author to compensate the right holder for any actual the creation for several generations. Termination and Reversion Rights
damages incurred by the withdrawal. Furthermore, if the agreed remuneration becomes clearly dispropor- tionate to the profits generated by the work’s exploi- tation, the author may seek a contract revision. This protection serves as a mechanism to ensure a fair distribution of economic success between the creator and the exploiter. 3.6 Limitations, Exceptions and Defences Statutory Framework for Copyright Limitations The Serbian Law on Copyright and Related Rights establishes a clear framework where certain uses of protected works do not require the author’s explicit permission. These limitations are strictly defined by law to ensure they do not undermine the author’s moral and economic interests. The legal system dis- tinguishes between two primary categories of limi- tations: the complete suspension of rights and the application of statutory licences. Suspension of Rights and Free Use The suspension of rights applies to specific cases where a work may be used without the author’s permis- sion and without the obligation to pay remuneration. This includes the use of works for judicial or adminis- trative proceedings, public security, and reporting on current events by the media. Furthermore, rights are suspended for non-commercial educational purpos- es, such as direct teaching or school performances, and for the internal archival needs of public libraries and museums. The law also permits the reproduc- tion of works for the personal, non-commercial use of natural persons, as well as the creation of parodies, caricatures, and the right to quote published works. Statutory Licences and Mandatory Remuneration In contrast to exclusive rights, a statutory licence allows for the use of a work without seeking the author’s prior consent, provided that a prescribed fee is paid to the right holder. This regime primarily permits the reproduction of excerpts or short published works from multiple authors ‒ including scientific, literary, and visual arts ‒ into collections specifically intended for teaching, exams, or scientific research, although this privilege does not extend to musical sheet notation. It further allows media outlets to reproduce and com- municate articles on current economic, political, or religious topics from other publications, as well as the
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