SERBIA Law and Practice Contributed by: Djordje Lukic and Katarina Kostic, Popović, Popović & Partners
3.6 Collective Rights Management Systems The following collective management organisations operate in Serbia: • SOKOJ – Organization of Musical Authors of Ser - bia; • OFPS – Organization of Phonogram Producers of Serbia; • PI – Organization for the Collective Exercise of Performers’ Rights; • OFA – Organization of Photography Authors; • OORP – Organization for the Exercise of Repro - graphic Rights; • UFUSAFA ZASTITA – Association of Film Artists of Serbia; • GOS – Actors’ Organization of Serbia; and • AA – Association of Authors – Organization of Creators of Works of Fine and Applied Arts. These organisations grant licences, collect and dis - tribute remuneration, manage repertoires and monitor the use of works. 3.7 Copyright Registration Copyright arises automatically upon the creation of a work; there is no registration process. Serbia does not have a copyright register but the IP Office does keep records of works of authorship. Authors or right- holders may deposit copies of their work at the IP Office to secure evidence for use in connection with possible legal issues. Basic information such as the author, right-holder and title of the work is publicly accessible in the record. The deposited copy of the work itself is not available for a third person. Foreign applicants need to be represented by a Ser - bian attorney or a representative registered with the IP Office. No formalities, such as copyright notices or symbols, are required in Serbia. 3.8 Copyright Application Requirements There is no copyright registration in Serbia. 3.9 Refusal of Registration Any disputes concerning the existence, scope or ownership of copyright are resolved by the courts in
exclusive economic rights, unless the employment contract provides otherwise. A co-author is a natural person who created a work with another person. Co-authors jointly hold copyright unless otherwise agreed. Consent of co-authors is generally required for exploitation and assignment of rights, although no co-author may withhold consent contrary to good faith. Economic benefits are shared as agreed or in proportion to the actual creative contri - bution. Each co-author may independently bring legal action to protect the work, but only in their own name and on their own behalf. In film works, the scriptwriter, director and chief cam - eraman (and in certain cases the music composer and lead animator) are considered co-authors. 3.4 Copyright Rights Authors hold moral and economic rights. Economic rights refer to commercial exploitation of the work. They are transferable and include: • rights of reproduction, distribution, rental, public performance, presentation, communication and transmission to the public; • broadcasting, rebroadcasting, adaptation and other modifications; and • public communication of works fixed on sound or visual carriers. These rights also extend to adaptations or derivative works created from the author’s original work. Moral rights include the right of authorship, the right to be named, the right of disclosure, the right to integrity and the right to oppose degrading use of the work. 3.5 Term of Protection and Termination Economic rights last for the duration of the author’s life and for 70 years after death; for co-authors, the term is 70 years after the death of the last surviving co- author. For anonymous or pseudonymous works, the 70-year period is calculated from disclosure, unless the author’s identity is revealed earlier. For collective works, economic rights last 70 years from lawful pub - lication. Moral rights remain in force permanently.
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