anti-piracy training for trainers - unescounesdoc.unesco.org/images/0014/001438/143841eo.pdf ·...

ANTI-PIRACY TRAINING FOR TRAINERS

Sofia, Bulgaria, May 17 to 20,2004

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with the support o f Norway

COUNTRY PROFILES

COPYRIGHT & RELATED RIGHTS

Division of Arts and Cultural Enterprise

Copyright Program O Global Alliance for I

Cultural Diversity

ALBANIA

ANTI-PIRACY TRAINING FOR TRAINERS SOFIA CONFERENCE

ALBANIA

TABLE OF CONTENTS

LEGAL FRAMEWORK: General Protection o f Copyright ................... 2

2) Protection ........................................................................................................... 2 0 Moral Rights ................................................................................................. 3 0 Economic Rights .......................................................................................... 3

3) Duration of Copyright ...................................................................................... 3 4) Situation of Foreign Authors ............................................................................ 4 5) Related Rights .................................................................................................... 4

1) Protected Works ................................................................................................ 2

LEGAL FRAMEWORK: Remedies for Infringement ............................. 7 1) Criminal Offences ............................................................................................. 7 2) Administrative Offences ................................................................................... 7

BORDER MEASURES ......................................................................................... 7

INTERNATIONAL TREATIES MEMBERSHIP ...................................... 8

LEGAL FRAMEWORK:

General Protection o f Copyright

LAW No. 7564, Dated 19,05,1992 ON COPYRIGHT

1) Protected Works

Article 1. This law protects the literary, artistic, journalistic and other works (hereinafter referred to as "works"), including any original intellectual creation o f th is nature, regardless o f their f o rm o f expression as:

a) writ ten works including even the computer programs expressed in a source code or object code; b) lectures, speeches, preachments and other orally expressed works; c) musical works, with or without accompanying text; c) theatrical works and musical theatrical works; d) choreographic works and pantomimes; dh) audiovisual works; e) works o f f i e arts: drawings, pictures, sculptures, carvings and lithography; e) architectonic works; f ) photographic works; g) works o f the applied arts; gj) illustrations, inaps, plais, outlines and three-dimensional works in the fields o f geography, topography, architecture and science.

The protection does no t depend o n the manner and for in o f expression, quality or a i m o f the work. The protection i s not applicable as far as the ideas, procedures, processes, systems, and way$ o f action, concepts, expressed principles or discoveries foreseen or explained in tlie work.

Article 2. Derivative W o r k and Collections The sanie protection as to the works i s applied to:

a) translations, adaptations, alterations and additional transformations o f folkloric works and materials; b) collections o f works, popular sayings or data and facts as encyclopedia, anthologies and other information which i s original f rom the point o f v iew o f selection and systematization.

Protection o f the works defined by the f i rs t paragraph i s applied without damaging the protection o f the basic works, which are used then for the creation o f the derivative works.

Article 3. The protection provided by t h i s law for the literary and artistic works, i s no t applicable for:

a) summaries o f t l ie off icial journal o f legislative and administrative nature and thei r off icial translations; b) popular sayings; c) daily news; c) s i i i ip le facts and data.

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2) Protect ion

0 M o r a l R i g h t s

Ar t i c le 4. The M o r a l Rights o f the Au tho r The author o f the work iii addition to the economic rights defined by Art icle 5 o f this law, even if they have been transferred by his desire, has tlie right to:

a) demand tlie authorship o f the work, especially the r ight to write his name o n t l ie copies o f the work. When allowed by practice and according to the tradition the author may conjoin the authorship to the work when this i s rendered public; b) reniaiii aiionyinous or use a nickname; c) oppose any kind o f violation, change or alteration o n tlie work and any other disdainful action that would damage his reputation and name; c) oppose tlie c o m o i i authorship put in ai1 arbitrary way f rom other persons because o f different reasons.

(Hereinafter, the rights provided for in t h i s article will be referred to as '''moral rights").

Economic Rights

Ar t i c le 5. Ecoi iomic Rights o f the Au tho r Tl ie author lias tlie exclusive r ight o n h i s work and l ie can authorize:

a) the reproduction o f tlie work; b) the import o f tlie work wi th in the country w i th the puipose o f i t s distribution

(selling, leasing, renting, loaning) to the public; c) tlie translation o f the work; d) t h e preparation o f adaptation, alteration or transformation o f the work; e) t l ie presentation or declamation o f the work in public; dh) the traiisniission o f t l ie work to the public by broadcast and rebroadcast; I) the transmission o f the work for the public by wire (cable) or other means.

The author o f an audiovisual work, or any other work l i k e phonographs, coiiiputer prograiiis, data base, and o f any other work which i s read by apparatus, has the exclusive r ight to al low giving on lease or lending o f h i s work.

(Hereinafter the rights mentioned in t h i s article w i l l be referred to as "econoniic rights").

3) Dura t ion o f Copyr igh t

Ar t i c le 17. D u r a t i o n of Protect ion Un less otheiwise provided in t h i s chapter, t l ie moral rights o f a work are protected forever aiid the economic rights o f a work are protected during the whole author's l i fe and 70 years after hisiher death.

Ar t i c le 18. Dura t ion o f Protect ion fo r W o r k s Created by Anonymous o r Nicknamed Authors Tlie moral aiid economic rights o f an aiionyinous or nicknamed work are protected for 70 years froin the f i r s t day o f the f i rst legal publication o f the work. If the identity o f the author i s revealed before the expiration o f the terni, the provisions o f Art icle 17 and 18 are applied according to the case.

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Ar t ic le 19. Dura t ion o f Protect ion f o r the Collective Photographic and Audiovisual W o r k s The moral and economic rights o f a collective photographic or audiovisual work are protected for 70 years f i o m the day th is work i s legally offered to the public or in a contrary case, for 70 years f rom the day o f the production o f the work, i.e. 70 years after i t s creation.

Ar t i c le 20. D u r a t i o n o f Protect ion f o r App l ied Art W o r k s The moral and economic rights o f the applied art works are protected fo r 25 years f rom the day o f its production.

Ar t i c le 21. Calculat ion o f t h e Terms The duration provided in this Chapter lasts to the end o f a calendar year.

4) Situat ion o f Fore ign Authors

Ar t i c le 49. The Posit ion o f Fore ign Authors The works o f the foreign authors are protected by the dispositions o f th i s l aw and the international conventions o f wh ich the Republic o f Albania i s a member.

Ar t i c le 51. The Field o f Appl icat ion The provisions o f this law refer to:

works o f the authors who have Albanian citizenship or l ive pennanently in the Republic o f Albania, regardless o f the place these works are published for the f i r s t time; works which are published for the first t i m e in Albania or in a country party to international agreements or treaties on Copyrights o f which the Republic o f Albania i s a party. works published for the first t i m e in a counûy non party to international agreements or treaties on copyrights o f which the Republic o f Albania i s a party, in cases when these works are published at the same t ime or after up to 30 days latter in the territory o f that state and in the Republic o f Albania, or in another country party to international agreements, o f which the Republic o f Albania i s a party. works created prior to entrance into force o f this law, upon condition that the te r i n o f protection mentioned in th is law i s no t passed.

5) Related R igh ts

Protect ion o f Shows, Phonographs and Programs

Ar t i c le 34. Activi t ies tha t Requ i re the Author izat ion o f the Executors N o one can perform the fol lowing activities without the authorization o f the executors: 1. Broadcasting their programs, except for the cases when the progranis consist of:

a) a registration o f the show, excluding the registrations done according to the provisions o f Art icle 39;

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b) a rebroadcast authorized by the organization which has broadcasted the f i r s t program;

2. Perforniiiig their show in public, except for t l ie cases when th is perforinance consists Of:

a) b)

a registration o f the program; a broadcast o f the show.

3. The registration o f the unregistered show. 4. The reproduction o f a registration o f a show, in each o f the fol lowing cases:

a) b)

c)

when the show i s registered once without the approval o f the executors; when the reproduction i s done for reasons other than those meant by the executors; when the show i s f i r s t registered in coiiipliance with the provisions o f Art icle 35, but the reproduction i s done for purposes other than the purposes defined in that article.

In case o f lack o f a contractual agreement that provides otherwise or o f the eniployment conditions, wh ich noimally provides otherwise:

the authorization to broadcast does not mean authorization to grant license to other organizations to broadcast the show; the authorization for broadcasting does not mean authorization to register the show; the authorization for t l ie registration o f tlie show and tlie reproduction o f the registration does not niean authorization to broadcast the show; the authorization for broadcasting and registering the show does not mean authorization for reproduction and registration.

The provisions o f the f i r s t and second paragraph, letters "'c" and "c" are not applicable fi-om the nioiiieiit that executors give the authorization to include their show in a visual and audio-visual registration. None o f the paragraphs o f this article takes o f f the r ight o f the executors to sign contracts o n more favorable conditions for their shows. The duration o f the protection provided for in this article i s 50 years, starting f rom the end o f the year in which the show i s performed.

a)

b)

c)

ci)

Ar t i c le 35. Activi t ies tha t requ i re the authorization o f the phonogram producers Without the authorization o f the phonogram producers no one can:

reproduce directly or indirectly i t s phonogram; import any copy o f i t s phonogram; lease or loan copy o f i t s phonograin without the authorization o f the producer o f the phonogram.

The duration o f the protection provided for in the f i r s t paragraph is 50 years, starting f rom the end o f the year, in which the phonogram was produced for the f i rst t i i i ie.

a) b) c)

Ar t i c le 36. The Reward f o r the Product ion o f Phonograms I f a phonogram published for commercial purposes, or i t s reproduction, i s directly broadcasted or rendered public, the user then, pays to the producer a reward, upon agreement, for the executors and the producers o f the phoiiograni. If there i s no agreement between the executors and the producer, then ha l f o f the amount taken by the producer wil l be paid to the executors by the producer. The obligation for a reward, as provided in t h i s article, ends up in 50 years, starting f rom the end o f the year in wl i ic l i the phonogram was for the first time produced.

Ar t i c le 37. Activi t ies tha t Require the Author izat ion of the Transmit t ing Organizations N o one can perform the fol lowing activities without the authorization o f the transmitting organizations: 1) Retransniission o f t l ie i r programs. 2) Registering o f their programs.

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3) Reproducing o f a registration o f their programs: a)

b)

When the registration o n which basis a reproductioii i s done, i s realized without the authorization o f these organization, or Wl ie i i the traiismission i s firstly registered in accordance with the provisions o f Art ic le 38, but the reproduction i s done for other purposes form those mentioned in that article.

A s provided in this Article, protection ends up in 50 years, starting f rom the end o f the year, in wh ich tlie transmission i s done.

Ar t i c le 38. L imi ta t ions o n the Protect ion Articles 35, 36 aiid 37 o f t h i s l aw are no t applied wliei i activities provided by tliese articles are performed:

for private use, teaching, scientific research, on the condition that the use does no t conflict w i th the normal use (of a show, phonogram or transmission) and always without violat ing at a large scale the legal interests o f the owners o f the rights provided in t h i s chapter; fo r broadcasting the contemporary news, provided that only shoi-t pieces o f a show, phonograin or transmission are used; for citation; in short pieces f rom a show, phonograin or transmission, o n the condition that these citations coiicur with the usual practice o f the informative purpose o f these citations; for other purposes, wh ich are included in tlie limitations for the economic rights o f the literary and artistic works, as provided in Chapter III.

a)

b)

c)

ci)

The request for an authorization mentioned in the Articles 35, 36 and 37 to register shows and traiismissioiis, to reproduce them aiid to reproduce published phonograms for coiixiiercial purposes, are no t taken into consideration when the reproduction is done by a traiisiii itti i ig organization with i t s o w n means aiid for i t s o w n programs only iii case Of:

broadcasting tlie registration o f a show or o f i t s reproduction, as defined by t h i s paragraph, the broadcasting organizatioii lias the r ight to broadcast exactly t h i s show; any broadcasting tlie registration o f a program or i t s reproduction or such a registration o f a program niade according to tlie conditions o f t h i s program, the broadcasting agency has tlie right to broadcast exactly t h i s program; any registration, niade according th i s paragraph, or i t s reproduction, tlie registration o f any reproductioii i s destroyed within sixty days, except for the single copy which can be preserved only for archive purposes.

a)

b)

c )

(-*.I

Art ic le 40 The Field of Implementat ion The protection o f the executors as provided by Articles 35 and 36 o f th i s law i s applicable when:

a) b ) c)

c)

the executor lias the Albanian citizenship; tlie show i s performed in the temtory o f Albania; tlie show i s registered in a phonogram, which i s included in the protection's rights, as provided by the second paragraph; the show which i s no t registered in the phonogram, i s included in a wil l which enjoys t l ie right o f protection as provided by the third paragraph.

the headquarters o f tlie organization i s iii Albania; the program i s broadcasted by a station situated in Albania.

The protection o f phonograins provided by Ait ic le 36 and 37 i s applicable when: a) b)

This law i s applied also for shows, phoiiograiiis and programs that must be protected iii accordaiice wi th the conventions o f which Albania i s a party.

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LEGAL FRAMEWORK: l

Remedies for Infr ingement

1) C r i m i n a l Offences

THE MEASURES AND SANCTIONS IN CASE OF VIOLATION OF THE RIGHTS DEFINED BY THIS LAW Ar t ic le 50. Translation, adaptation, visual or audio registration, import, reproduction and circulation, introduction o f special equipnients for audio and visual reproduction, radio or television transmission, or transmission in any hal l or with any other means o f artistic ownership, without the permission o f the author or association to which the rights are transferred, in violation to the dispositions o f this law or intemational agreements rat i f ied by the Republic o f Albania, when the moral and economic rights o f the author are violated, constitutes a criminal misdemeanor and i s sentenced to a fine or iniprisoiiment up to 1 year.

Disagreements between the user o f the intellectual propei-ty work and the author or association to wh ich his/her rights are transferred, for non-fulfil lment o f the obligations deriving fo rm the contract entered into between them, are presented to the respective court f rom the interested party for c iv i l judgment.

2) Administrat ive Offences

N o infornut ion available.

BORDER MEASURES

N o information available.

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INTERNATIONAL TREATIES MEMBERSHIP

Albania i s a meniber o f WIPO since June 30, 1992.

1) UNIVERSAL COPYRIGHT CONVENTION (UCC) as revised at Paris on 24 July 1971

Accession by Albania o n November 4, 2003.

2) BERNE CONVENTION for the Protection of Literary and Artistic Works

Parry o f tlie Convention since March 6, 1994.

3) WIPO COPYRIGHT TREATY (WCT)

Albania i s not yet Party o f the Convention.

4) ROME CONVENTION for the Protection o f Performers, Producers o f Phonogranis and Broadcasting Organizations

Party o f the Convention since September l", 2000.

5) WIPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT)

Party o f the (WPPT) since M a y 20,2002.

6) GENEVA CONVENTION for the Protection o f Producers of Phonograms against Unauthorized Duplication o f their Plionograms

Accession by Albania o n March 26, 2001.

7) TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)

Albania has been a nieniber o f WTO since September 8, 2000.

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BOSNIA AND HERZEGOVINA


BOSNIA AND HERZEGOVINA

TABLE OF CONTENTS

LEGAL FRAMEWORK: General Protection o f Copyright ................... 2 1) Protected Works ................................................................................................ 2 2) Protection ........................................................................................................... 3

0 Mora l Rights ................................................................................................. 3 0 Economic Rights .......................................................................................... 3


Rights of Performers ................................................................................... 6 Rights of Producers of Phonograms ........................................................... 7

0 Rights of Broadcasting Organisations ....................................................... 8

LEGAL FRAMEWORK: Remedies for Infringement ............................. 9 1) Criminal Offences ............................................................................................. 9 2) Administrative Offences ................................................................................. 14

BORDER MEASURES ....................................................................................... 15

INTERNATIONAL TREATIES MEMBERSHIP .................................... 17

LEGAL FRAMEWORK:


LAW ON COPYRIGHT AND RELATED RIGHTS IN BOSNIA AND HERZEGOVINA

“Official Gazette” of Bosnia and Herzegovina, 7/02

1) Protected Works

Article 6. 1. U n l e s s otherwise provided for in th is Law, an individual intellectual creation in the literary, scientific or artistic f ie ld or in any other f ield o f creation, regardless o f tlie kind, method or fo rm o f expression thereof, shall be considered an author’s work. 2. Tlie following, in particular, shall be considered authors’ woi-ks:

a) written works (books, brochures, literary texts, articles and other writings and coniputer progranunes);

b) spoken woi-ks (lectures, speeches and other works o f the sanie nature); c) dramatic and dramatically-inusical works; d) choreographic works and works o f pantomime; e) musical works, with or without words; f ) cinematography works and works created by a process analogous to

cinematography creation; g) works o f painting, sculpture, architecture and graphic art, regardless o f the

material o f which they are made, as well as other worlts o f fine art; 11) works o f a l l branches o f applied art aiid industrial designing; I) photographic works and works produced by a process analogous to

photography; -1) cartographic works (geographical maps, topographical maps and the like); k) plans, sketches and plastic works related to geography, topography,

architecture and any other scientific or artistic field.

Article 7. 1. Collections o f authors’ works such as encyclopaedias, compilations, anthologies, collections o f niusic, collectioiis o f photography and the like, as we l l as databases either macliii ie readable or any other kind, which, by virtue o f the selection and arrangement o f their contents, constitute individual intellectual creations shall be considered the authors’ work. 2. Collections of fo lk literary and a i t works, documents, court decisions or collections of other siiii i lar contents wh ich by itself do no t constitute protected authors’ works, shall be considered authors’ works if those collections by virtue o f the selection, coordiiiation or ai-rangement o f their contents, constitute individual intellectual creations. 3. Provision o f Paragraph 1 o f t h i s Art icle shall not affect tlie rights o f authors o f individual works assembled in collections.

Ar t i c le 8. 1. Translations, adaptations, niusical arrangements and other alterations o f original authors’ works, which constitute individual intellectual creations, shall be protected as original worlts. 2. The provision o f Paragraph 1 o f th i s Art icle shall not affect the rights o f the author of the original work.

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Ar t ic le 9. The use o f fo lk literature and art creations for the puipose o f a literary, artistic or scieiitific arraiigenieiit shall be free.

Ar t i c le 10. 1. Copyright protection shall not be afforded to:

a) ideas, plans, procedures, working methods, mathematical operations,

b) c)

principles, discoveries; off icial texts f rom legislative, administrative and judicial areas. professional reports, referrals, off icial acts or works l ike these made during the performance of working obligations in economic or other activity.

2. Traiislatioiis o f the texts f rom Paragraph 1. b ) shall be protected by copyright protection, unless they have been published as off icial texts.

Ar t i c le 11. 1. Tit le o f ai l author's work, which constitutes an individual intellectual creation, shall be protected by t h i s L a w as wel l as the work itself. 2. Notwithstanding provision o f Paragraph 1 it shall be proscribed to give the authors' work a title, which has already been used for the authors' work o f the saine or similar kiiid, if such a title i s likely to cause confusion regarding t l ie author o f the work.

2 ) Protection

Ar t i c le 29. Copyright shall include property and legal powers (hereinafter referred to as "authors' property rights") and personal and legal powers (hereinafter referred to as "authors' moral 1-ights " ).

M o r a l Rights

Ar t i c le 31. The author's moral rights shall comprise the inalienable and non-transmissible powers o f the author and it i s that the author may: decide when and in what f o i m hidher work shall be published; be recognised and indicated as the creator o f tlie work under hidher naine, pseudonym or anonymously; object to any distortion, muti lat ion and other alteration o f the work and h i d h e r r ight to object to any use o f the work that are prejudicial to l i i s i l i e r reputation andior honour.

Ar t i c le 32. Any person who publishes, alters, arranges, performs, translates or records an author's work aiid any other person who exploits such author's work in public shall be required to indicate the full name o f t l ie author o f the work for each and eveiy exploitation, if the author does no t want the work to be anonymous or Linder pseudonym.

Economic Rights

Ar t i c le 30. 1. The author's property rights shall exclusively consist o f the author's rights to the exploitation o f his/lier work. 2. U n l e s s otherwise provided in this Law, exploitation o f tlie author's work by another person may take place only w i th tlie authorization o f tlie author. 3. Unless otherwise provided in th is L a w or in a contract, the author shall have the r ight to remuneration for any exploitation o f h idher work by another person.

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Ar t ic le 34. Tlie author shall have the exclusive r ight to authorise the publication, reproduction, to put into circulation the original or tlie copies o f the work, including the iniportation thereof, presentation, publ ic perfoiniance, broadcasting, conmunication to tlie public, translation, adaptation, or exploitation o f the work iii any other foim, unless otherwise pi-ovided in t h i s Law.

A r t i c l e 35. 1. T h e r ight to reproduce shall be construed as the r ight o f tlie author to authorize the reproduction o f liis/lier work regardless o f the type, inethod and procedure, as we l l as the number o f copies produced. 2. Mi i l t ip l icat io i i o f tlie work shall also include storing o f t l ie work in electronic fomi.

Ar t i c le 36. 1. The riglit to distribute shall be construed as t l ie r ight to make the original or copies o f tlie work available to the public by sale, renting or in other foi ins o f ownership transfer. 2. Tlie right to distribute shall also include the exclusive right o f tlie author to import copies o f t l ie work into a respective country with a v iew to their further distribution, regardless o f t l ie way in which such copies were made. 3. The exclusive right o f putt ing tlie original or copies into circulation in Bosnia and Herzegovina shall be exhausted through the f i rs t sale or a different fo rn i o f obtaining owixrsl i ip r ight o n the original o r copy o f the work in Bosnia and Herzegovina w i t h the author’s expl ici t or impl ic i t consent, unless otherwise provided for in tlie international treaty binding for Bosnia and Herzegovina.

A r t i c l e 37. 1. T l i e authors o f computer prograinines, cinematography works and works created in a manner analogous to them and o f the works f ixed on sound carriers shall have the exclusive right to authorise tlie rental o f the originals or tlie copies o f those works. 2. The right o f rental shall b e construed to niean the exclusive r ight o f the authors referred to in Paragraph 1 to make the original 01- copies o f a work available for use to other person for a l imi ted period o f t ime and for t l ie purpose o f direct or indirect economic o r coinniercial benefit. 3. Tl ie exercise o f the r ight to put in circulation shall no t include the right o f author to rent the work, tliat i s copies o f tlie work.

Ar t i c le 38. Tlie r ight o f communicating author’s works to publ ic shall be construed as making author’s work available, whether by wire or not, including making their work available to publ ic in such a manner tliat the work i s available to everyone froin the place and at the t i m e individual ly chosen by tliat person.

Ar t i c le 39. 1. Authors o f drainatic, drainatically - inusical and niusical woi-ks shall have the exclusive riglit to give approval for:

a) b )

the public presentation and public peiforinance o f such works; tlie publ ic transmission o f the presentation or perfoi-niaiice o f such works by any means.

2. T l i e rights referred to in Paragraph 1 shall also b e granted to the authors o f dramatic and dramatically -niusical works with respect to translations o f such works.

Ar t i c le 40. 1. I t shall b e tlie exclusive right o f tlie author to prohibit or al low broadcasting o f h isher work to any other person. 2. Broadcasting in tel-ins o f Paragraph 1 shall be construed as public transmission o f the work either v ia wire or wireless traiisinission o f electromagnetic, electric and other signals to a distance (radio-diffusion and cable diffusion). 3. Wireless ai id wire broadcasting shall be two separate work exploitation actions and are subject to two separate copyright powers, except:

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a )

b )

if the w i r e re-broadcasting o f the work which lias been broadcast by wireless means, i s a technically necessary precondition for receiving the programme, if no t more than 100 receivers are supplied w i th the signal through the wire re- broadcasting o f the work which has been broadcast by wireless means, o n a non-conmiercial basis.

4. The act o f broadcasting refeil-ed to in Paragraph 2 shall also exist when, under the control o f the entity in charge o f broadcasting 011 i t s responsibility, prograinme-cairying signals intended for the public receiving are sent in ail uiiinteimpted coinniunication cliaiii to a satellite aiid back down to Earth. 5. If the signals are eiiciypted, broadcasting by satellite shall exist provided that the means o f decrypting are supplied to the public by the broadcasting entity or by third person having i t s authorisation.

3) D u r a t i o n o f Copyr igh t

Ar t i c le 84. 1. Authors' property rights shall continue during the author's l i f e and 70 years after l i is /her death. 2. i f authors' rights belong jo int ly to the co-authors the terni referred to in Paragraph 1 shall be counted froin the death o f the last deceased co-author. 3. Author's rights on an anonymous author's work and 011 ai1 author's work published under a pseudoiiyni shall continue for 70 years as o f the lawfu l publication o f the work. If t h e pseudonym leaves n o doubt regarding the identity o f the author or if the author reveals his/lier identity, the author's rights shall last as long as it would have lasted i f the author's work had been published under the author's naine. 4. If the holder o f the author's propeity right, in ternis o f Articles 26, 27 Paragraph 2 and Art icle 28, i s a legal entity, the copyright shall cease to exist after expiiy o f seventy years as o f the publication o f the work i.e. 70 years respectively as o f the creation o f a c oinput er prograinnie. 5. The ternis referred to in Paragraphs 1, 2, 3 and 4 shall run as o f January 1 o f the year iiiiniediately fol lowing the year o f the author's death i.e. the yeai- in which the work was published.

Ar t i c le 85. After the termination o f authors' property rights, a special reinuneratioil shall be pa id for the u s e o f the author's work if so provided by a separate law.

4) Situat ion of Fore ign Authors

Ar t i c le 5. 1. The authors' works o f citizens o f Bosnia and Herzegovina 01- o f persons who are not citizens o f Bosnia and Herzegovina but have place o f residence hi Bosnia and Hei-zegoviiia, published in Bosnia and Herzegovina or abroad, as well as the authors' works wh ich have not been published, shall be protected pursuant to this Law. 2. The unpublished authors' works o f foreign citizens aiid stateless persoiis to be published for t h e f i r s t time in Bosnia and Herzegovina or within 30 days froin the day they have been published in any other state shall enjoy, pursuant to th is Law, the saine protection as the copyright works o f citizens o f Bosnia and Herzegovina. 3. In terms o f t h i s L a w there shall be also protected:

a)

b )

ciiieinatography works whose producers have seat or resideiice in Bosnia and Herzegovina, and ai-chitectural or other artistic works located iii the territory o f Bosnia and Herzegovina as real estate or as integral part thereof.

4. The authors' works of foreign citizens, which have not been for the first t ime or siiiiultaiieously published in Bosnia and Herzegovina, shall enjoy, pursuant to this Law,

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tlie protection w i th in the fraiiiework o f the Obligations, wh ich Bosnia and Herzegovina lias assumed under iiiternational treaties or on t l ie basis o f de.fncto reciprocity. 5. I f the author’s work was created by various authors, the protection according to th i s Law wil l be extended to al l co-authors, if at least one o f them f u l f i l s conditions referred to iii Paragraphs 1, 2 and 3.

5) Related Rights

Rights o f Performers

Ar t i c le 92. Perfoi-mers who per fo im literary or musical works or other artistic works shall, in respect o f their perforinaiices, enjoy the rights la id down in t l i i s Law.

A r t i c l e 93. 1. In terins o f t h i s Law, performers shall be actors, singers, musicians, dancers and other persons wl io act, sing, recite, read poetry and perfoi i i i l iterary and artistic works by ineaiis o f their body language or in any other way. 2. Theatre directors, orcliesti-a and choir conductors, sound editors and variety and circus artists shall be deemed performers in te i i ns o f Paragraph 1.

Ar t i c le 94. 1. T l ie perforiner wl io i s a citizen o f Bosnia and Herzegovina, or a foreign citizen wl io has place o f residence in Bosnia and Herzegovina, shall enjoy the rights provided in this L a w in respect to hisilier performances given or used in Bosnia and Herzegovina or abroad. 2. T l i e performer who i s a foreign citizen or stateless shall enjoy the rights in respect to hidher perforinaiices given or used iii Bosnia and Herzegovina, pursuant to this L a w witliiii the fraiiiework o f the obligations wh ich Bosnia and Herzegovina lias assumed under iiiternatioiial b-eaties or on the basis o f de,fiicto reciprocity.

Ar t i c lc 95. 1. The performer shall enjoy propeity and inoral rights provided iii this Law. 2. The property rights referred to iii Paragraph 1 shall be construed to be tlie rights o f the performer in relation to the exploitation o f hisilier performance. 3. Tl ie moral rights referred to in Paragraph 1 shall be coiistrued to be the perfomier’s r ight to have his/lier naine or pseudonym mentioned o n any presentation o f hisiher perforinaiice to the public, and also o n any recording or 011 tlie cover o f any recording thereof, and his/her right to object to any distortion, shoiteiiing or other altei-ation o f liis/liei- performance, to the use and distribution o f h isher recorded performance wh ich has technical or other defects, and also to improper use o f recordings that are insulting to t l ie performer’s honour and reputation.

Ar t i c le 96. 1. Un less otheiwise provided for in th i s Law, the performer shall liave the exclusive r ight to authorise:

a) b)

radio or television broadcast o f liislher perfoiiiiaiice; presentation to the public o f l i d h e r performance by means o f a loudspeaker o r other technical devices outside tlie r o o m or place where tlie performance i s taking place; sound or visual, or sound and visual recording o f the perfoiiiiaiice; direct or indirect reproduction o f tlie recorded perfoiinance in its entirety or in part; distribution of tlie original or the copies o f the recorded perforinaiice including tlie iii iportation and the rental thereof.

2. The provisions o f Art icle 36 Paragraph 2 and 3 and Article 37 Paragraph 3 shall apply to the performers’ rights in the corresponding way.

c) d)

e)

6

3 , U i i l e s s otherwise provided iii the L a w or contract a l l perfoinlers shall be entitled to reiiiuiieratioii. 4. Any ineniber o f an artistic group o f performers who leaves the group shall be entitled to a share o f the reiiiuiieration for the performance in wh ich s h e participated.

Ar t i c le 97. 1. The fol lowing shall be permitted without the authorization o f tlie perfomier and without payment o f reniuneration:

a) h) c )

u s e of the perforinaiice for the purposes o f teaching and scientific research; use o f shoit fragments o f the perfoimance in the reporting o n cun-ent events; recording of the perfommice by the broadcasting organisation by means o f i t s own recording facilities and for i t s own broadcasts (ephemeral recordings), provided that the said organization lias beeii authorized to broadcast the perfoiniaiice.

2. The recordings refeired to in Paragraph 1 c) inay after broadcastiiig be entrusted to publ ic archives as documeiitary material 01- b e re-broadcasted against reniuneration.

Ar t i c le 104. The terni of performers’ propeity rights provided for iii th is L a w shall b e fifty years, couiited, a) €or recorded performances froin the end o f the year in which they were recorded; b) foi- unrecorded perforinances, f rom the end o f the year iii which they were presented.

Rights o f Producers of Phonograms

Ar t ic le 109. 1. A producer of phonogranis shall be considered the person who f i r s t records the soiiiids o f the performance or other sounds. 2. U i i l ess otherwise provided in th i s Law, producers o f phonogranis shall have the exclusive right o f giving auîhorisations for:

a) b)

The reproductioii o f the phoiiograins in whole or iii part; The distribution o f the original or copies o f their phonograms, including tlie iii iportatioii and rental thereof;

3. Producers o f phonogram shall be entitled to reiiiuiieratioii in the cases refer red to in Paragraph 2 un less otherwise provided in this Law or contract. 4. Producers o f phoiiograins shall be entitled to reiiiuneratioii in the case where the phonogram, which i s put into circulation, i s used for tlie radio or television broadcast or for other coinniunication to the publ ic (secondaiy use). 5. The producer o f a phonogram shall pay ha l f o f the amount o f the reniuneration referred to in the preceding Paragraph to tlie perfornier whose performance was recorded in the used phonogram unless otherwise agreed iii tl ie contract between them. 6. The rights o f t l ie producers o f phonograms shall last for 50 years, counting as o f the end o f the year in which the plioiiograin was published, and if it has not been published as o f the end of the year in which the recording took place. 7. Paragraphs 2 aiid 3 o f Art icle 36, Paragraph 3 o f Art icle 37, Articles 97, 105, 106 and 107 shall apply to the rights of the producers o f phonogram. 8. The rights o f producers o f phoiiograms shall not in any way affect the rights of the authors and o f the perforineïs. 9. The foreign producers o f phoiiograins shall have the rights prescribed by t h i s L a w provided that they possess a seat or place o f residence in Bosnia and Herzegovina withiii t l ie framework o f the obligations assumed under international treaties or on the basis of the de,fucto reciprocity. In accordance w i th this L a w the foreign producers o f

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plioiiograni for the f i r s t t i m e recorded on a sound carrier in Bosnia and Herzegovina shall enjoy the protection.

Rights o f Broadcasting Organisations

Ar t i c le 110 1. U i i l ess otherwise provided by t h i s Law, a broadcasting organisation shall have the exclusive r ight to authorise:

a) b) c )

c i )

the re-broadcasting o f their shows by wire or wireless means; the recording o f the i r shows; the reproduction ai id distribution o f so reproduced copies o f their recorded shows; the presentation o f their televisioii broadcasts to the public, if such presentation i s accessible to the public against the payment o f ai l entrance fee.

2. The rights o f the broadcasting organizations shall continue for 50 years, counting as o f the end o f the year in which the broadcasting took place. 3 . Provisions o f Art icle 97 shall apply in the corresponding manner to the rights o f the broadcasting organizations. 4. The rights o f the broadcasting organisation shall i iot in any inanner affect the rights of authors, performers and producers of phonogram. 5. T h e foreign broadcasting organisations shall have the rights prescribed in this Law if it arises so out o f iiiteniatioiial treaties, de facto reciprocity 01- if they transinit their shows via traiisiiiitters located o n the territory o f Bosnia and Herzegovina.

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LEGAL FRAMEWORK: Remedies for Infr ingement

1) C r i m i n a l Offences

LAW ON COPYRIGHT AND RELATED RIGHTS IN BOSNIA AND HERZEGOVINA

Chapter XVI -PENAL PROVISIONS Ar t ic le 120. 1, Pecuiiiary fine to the amount KM 5,000.00 to KM 50,000.00 or iii iprisoiimeiit up to three years shall be proiiounced to a person who:

under hisher own naine or under the naine o f another person publishes, presents, perfoims, transmits or otherwise coiimunicates to the public soinebody else's work wh ich i s in ternis o f t h i s Law coilsidered to be author's work, or allows it to be done, without indicating the iianie or the pseudonym o f the author publishes, presents, perfoinis, transmits or otherwise conxiiunicates to tlie publ ic somebody else's work referred to in Paragraph 1 on which the name or tlie pseudonyiii o f the auîhor i s inarked or in ai l unlawful manner imports the parts o f soinebody else's work referred to in Paragraph 1 into h isher author's work or allows it to be done, destroys, deforms, distorts or otheiwise modifies soinebody else's work without t l ie author's authorisation, without indicating the naine or the pseudonym o f the performer, except where the author wants to be aiioiiymous, publishes, presents, perfoniis or otherwise coinnitmicates to the public h i s h e r perfoi-niance, without the performer's authorisation, destroys, deforms, distorts, mutilates or otherwise modifies the recorded performance without the performer's approval.

2. I f t l ie coinmitnient o f the criminal act referred to in I t e m s a), b), c), d) and e) lias resulted in a substaiitial financial gain o r has caused a substantial damage, and the peiyetrator lias acted with tlie a im o f acquiring such financial gain or causing such damage, the pei-peti-ator shall be punished b y the imprisonment froin G months up to f ive years.

Ar t i c le 121. 1. Pecuniary f i ne to the aniouiit KM 5,000.00 to ICM 50,000.00 or imprisonment up to three years shall be pronounced to a person who:

without the authorisation o f the autlior or any other copyright proprietor, or the person entitled to give authorisation, where such authorisation i s required under the provisions o f th i s Law, or, coiitraiy to their prohibition, fixes o n a material surface, reproduces, niultiplies, distributes, rents, imports, brings across the state border, presents, perforins, broadcasts, transinits, inakes available to the public, translates, adapts, arranges, alters or uses the author's work in any other forni,

b) without the authorisation of the perfoi-nier or tlie person entitled to give authorisation, where such authorisation i s required under the provisions o f t h i s Law, or, contraiy t o their prohibition, records. reproduces, multiplies, distributes, rents, imports, brings across the state border, presents, performs,

a)

9

broadcasts, transmits, makes available to the public or uses the perfoimer’s performaiice in any other way, with tlie intention of facilitating the uiiauthorised use o f the author’s work or the performer’s performance imports, brings across the state border, disti-ibutes, rents or allows to others t h e use and exploitatioii o f any kind o f equipment or device whose sole or ma in purpose i s to facilitate the unauthorized removal or circunivention o f any technical device or coinputer program that i s used for protection o f t l ie authors and perfoimer’s rights against unauthorized use.

2. The person in whose possessioii the objects intended or used for conmitment o f a criminal act or resulting from tlie commitment o f a criminal act referred to in Items 1 a), b) aiid c) are found and wl io knew, migh t have lu iowi i or had reason to know about it, shall be punished by a f i n e to the amount KM 5,000.00 to KM 10,000.00 or by inipi-isonnieiit up to six months. 3 . If tlie coiimiitment of a criminal act referred to in I t e m 1 a), b) and c) has resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator has acted with the a im o f acquiring such financial gain or causing such damage, the perpetrator shall be punished by the imprisonment f ro in six months up to f ive years. 4. The objects intended or used for the commitment o f a criminal act or resulting f rom the coiixiiitmeiit o f a criminal act referred to in Items 1 a), b) and c) shall be seized and destroyed.

c)

Ar t i c le 122. 1. Pecuniary f i n e to the aniount KM 5,000.00 to 20,000.00 or imprisonment up to one year shall be pronounced to the person who

3 ) without the autliorisation o f the producer o f recording, where such authorisation i s required under the provisions o f t h i s Law, or, coiitrai-y to their prohibition, broadcasts, reproduces directly or indirectly their recording, distributes, rents, imports, brings across the state border or makes available to the publ ic the unauthorised recording without tlie authorisation o f the holder o f the right with regard to the broadcast shows, where such authorisation i s required under the provisions o f th i s Law, or contrary to their prohibition, re-broadcasts or records tlie show, reproduces or distributes tlie recording o f i t s show.

2. If the coinniitiiient o f a criminal act referred to in Paragraph 1 a) and b) has resulted in a substantial financial gain or has caused a substantial daiiiage aiid the peipetrator lias acted w i th the a i i i i o f acquiring such fiiiancial gain or causing such damage, the peiyetrator shall be punished by the imprisonment f rom six months up to f ive years. 3. The objects intended or used for the commitment o f a cr iminal act o r resulting f rom the conmitnient of a criminal act referred to in Paragraph 1. a) and b) and Paragraph 2 shall b e seized and destroyed.

b )

Ar t i c le 123. 1. The persoii who, without the authorisation o f the lawfu l distributor o f t l ie encrypted satellite signal, inaiiufactures, assembles, modifies, imports, expoits, sells, rents or otherwise distributes a tangible or intangible device or system for decoding such a signal, knowing or having reason to know that the device or the system serves primarily for decoding an encrypted satellite signal, shall be punished for a c r i i i i i i a l act by the f ine to the amount KM 5,000.00 to 50,000.00 or by iiiiprisoiiment up to three years. 2. If the conunitment o f a criminal act referred to in Paragraph 1 has resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator has acted with the ai in of acquiring such financial gain or causing such damage, the perpetrator shall be punished by imprisonment f rom six months up to f ive years. 3.The objects intended or used for the commitment of a criminal act or resulting f rom the coiixiiitmeiit o f a criminal act referred to in Paragraphs 1 and 2 shall be seized and destroyed.

Ar t i c le 124. 1. The persoii wlio receives an encrypted satellite signal that lias been decoded without the authorisation o f i t s lawfu l distributor and further distributes such a sigiial, knowing

10

or having reasons to know that such a signal i s decoded without authorisation, shall be punished for a crimii ial act by the fine to the amount KM 5,000.00 to 20,000.00. 2.If the comniihiieiit o f a criminal act referred to in Paragraph 1 lias resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator has acted with the a im o f acquiring such financial gain or causing such damage, the perpetrator shall b e punished by tlie fine to the amount KM 5,000.00 to 50,000.00 or by imprisonment LIP to tliree years.

Article 125. 1. Any legal ent i ty shall b e punished for a niisdeiiieanour by a f i ne aniounting from KM 5.000.00 up to 50.000,OO if it:

without tlie author's authorisation, and under i t s own name or under the name of another person publishes, presents, performs, transinits o r otherwise coiixnunicates to tlie publ ic somebody else's author's work or alIows i t to be done; without the author's authorisation destroys, deforms, distorts or otheiwise modifies the author's work, or uses it in a manner which is offensive to t l ie author's honour or reputation; without indicating the name or the pseudonym o f the author, except where the author wants to b e anonymous, publishes, presents, performs or otherwise coiiuiiunicates to tlie publ ic h idher work: without the authorisation o f the author or other copyright proprietor, the association o f authors or other legal entity specialised for the administration o f copyrights referred to in Art icle 87, where such authorisation i s required under the provisions o f this Law, or, contrary to their prohibition, publishes, reproduces or multiplies, imports or distributes the original or die copies o f the work, presents, performs, records, broadcasts, conxiiunicates through mass media, translates, adapts, arranges, or otherwise alters the author's work or uses it in any other forin; without the authorisation o f the author or other copyright proprietor, the association of authors or other legal entity specialised for the administration o f copyrights referred to in Art icle 87, where such authorisation i s required under the provisions o f t h i s Law, or, contrary to their prohibition rents the original or the copies of the coniputer program, the cinematography and analogous work 01- o f the work embodied in the phonogram.

2. The responsible person in a legal ent& shall be also puiiished for the misdemeanour referred to in Paragraph 1 by a f i n e amounting f rom KM 5.000,OO up to KM 20.000,OO. 3. I f the misdemeanour referred to in Paragraph 1 has been committed by a natural person, shehe shall be punished by a f ine amounting from KM 5.000,OO up to KM 20.000,00.

Article 126. 1. Pecuniary fine to the amount o f KM 5,000.00 to KM 50,000.00 shall be pronounced to a legal entity for a misdemeanour if it:

without the performer's authorisation, and under i t s nanie or under the name of another, publishes, presents, performs, transinits or otherwise conmunicates to the publ ic somebody else's perforniance or allows i t to be done; without indicating the iiaine or t h e pseudonym o f the performer, except where the performer wants to be aiioiiyinoiis, publishes, presents, t ransmi ts or otherwise communicates to the public hisilier perforniance; without the performer's authorisation, destroys, defoinis, distorts, or otherwise modifies hisiher recorded performance, or uses i t in a manner which i s offensive to the perfoniier's honour or reputation; without the authorisation o f the performer or other performer's right proprietor, the association o f perfoimers, or other legal entity specialised for tlie administration o f the perforniers' rights referred to in Article 106, where such authorisation i s required under the provisions o f th is Law, or, contrary to their prohibition, broadcasts or communicates the perfoiniaiice to the public, records tlie performance, reproduces the recorded perfoimance, iinpoits, distributes or i-eiits the original or copies o f the recorded perforniaiice;

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2. The responsible person in a legal entity shall be also punished for the misdemeanour referred to in Paragraph 1 by a f i n e amounting f rom KM 5,000.00 up to KM 20,000.00. 3. I f the misdemeanour referred to in Paragraph 1 has been coinmitied by a natural person, she/lie shall be punished by a f i ne aniounting f ro in KM 5,000.00 up to KM 20,000.00.

CRIMINAL CODE OF BOSNIA AND HERZEGOVINA

Breaclzes o j Coyyrigiats Ar t ic le 242. (1) Whoever, under h i s own or a name o f another, publishes, shows, pei-foims, transmits or in another way communicates to tlie publ ic someone else’s creation wh ich in accordance w i th the law o f Bosnia and Herzegovina is considered as a copyright protected product or approves th i s to be done, shall b e punished by a fine or imprisonment for a t e r m no t exceeding three years. (2) The punishment referred to in paragraph 1 o f th i s Art ic le shall be imposed o n whoever, without indicating the name or pseudonym o f the author, publishes, shows, perfoi-ins, transmits or in another way communicates to the public someone else’s creation referred to in paragraph 1 o f t h i s Art icle o n wh ich the name and pseudonym o f t l ie author i s designated, or incorporates in an unauthorized way parts o f someone else’s creation refen-ed to in paragraph 1 into h i s o w n copy right protected product or approves this to be done. (3) Whoever destroys, distorts or damages or in another way, without permission o f the author changes someone else’s creation referred to in paragraph 1 o f this Article, shall be punished by a fine or imprisonnient for a t e r m no t exceeding three years. (4) The punishment refened to iii paragraph 1 o f t h i s Art icle shall be iniposed o n whomever, without indicating the name or pseudonym o f the performer o f art, unless the performer o f art wishes to stay anonymous, publishes, shows, perforins, transmits o r in another way communicates to the public h i s artistic performance. (5) Tl ie puiiishnient referred to iii paragraph 3 o f t h i s Ai-ticle shall be iniposed o n whomever destroys, distorts, damages, mutilates o r in mother way alters, without permission o f t h e artistic performer, the recorded performance o f the artist performer. (6) I f by the criminal offence referred to iii paragraph 1 through 5 o f t h i s Art icle a substantial property gain has been obtained or considerable damage done, whereas the pei-petrator has acted with a v iew to obtaining such property gain or causing such damage, the perpetrator shall b e punished by imprisonment for a term between six months and five years.

Impeimissible Use of Copyrights Article 243. (1) Whoever, without the authorisation o f tlie author or other holder o f copyright, or the person entitled to give authorisation, where such authorisation i s required under the provisions o f the l aw o f Bosnia and Herzegovina, or contrary to their prohibition, fixes o n a inaterial surface, reproduces, multiplies, distributes, rents, imports, brings across tlie state border, presents, perfornu, broadcasts, transmits, makes available to the public, translates, adapts, arranges, alters or uses the in any other f o i m the work o f an author, shall be puiiished by a fine or imprisonment for a t e i i n n o t exceeding three years. (2) The punishment referred to in paragraph 1 o f t h i s Art icle shall be imposed o n whomever, without the authorisation o f tlie perfoi-mer o f art or the person entitled to give authorisation, where such authorisation i s required under the provisions o f the l aw o f Bosnia and Herzegovina, or, contrary to their prohibition, records, reproduces, multiplies, disti-ibutes, rents, impoi-ts, brings across the state border, presents, performs, broadcasts, transmits, makes available to the public o r uses h i s performance in another way. (3) Tl ie punishment referred to in paragraph 1 o f this Art icle shall be imposed on whomever, with an a im o f facilitating the unauthorised use o f the author’s work or tlie performer’s o f ai? perfoimance produces, imports, brings across the state border,

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distributes, rents or allows to others the use and exploitation of any kind o f equipinent or device whose soie or ma in puipose i s to facilitate the unauthorised removal or circumvention o f any technical device or computer program that i s used for protection o f t h e author’s and perfoimer’s o f art rights against unauthorised use. (4) A person iii whose possession the objects intended or used for the perpetration o f the criminal offence or resulting f ro in tlie pelpetration of die criminal offence referred to in pamgraph 1 t lxongl i 3 o f th i s Article, aïe found, aiid who knew, might have known or ought to have known about it, sliall be punished by a fine or iinprisoiinient for a te rn i no t exceeding six months. (5) If the perpetration o f the cri ininal offence referred to in paragraph 1 through 3 o f t h i s Art icle lias resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator has acted with die aim o f acqiiii-iiîg such financial gain or causing such damage, the perpetïator shall be punished by imprisonment for a terni between six months and f ive years. (6) Objects intended or used for the pelpetration o f tlie criininal offence or resulting f rom t l ie perpetration o f the criininal offence referred to in paragraph 1 through 3 o f this Art icle shall be forfeited and destroyed.

Iilegnl Use of the Soiind Recosding Psodcicers’ Rights Ar t ic le 244. (1) Whoever, without t l ie authorisation o f t l ie producer o f a sound recording, where s u c h authorisation i s required under the provisions o f t l ie law o f Bosnia and Herzegovina, or contrary to their prohibition, broadcasts, reproduces directly or indirectly their sound recording, distributes, rents, imports, brings across the state border or makes available to the public the sound recording without authorisation, shall be punished by a fine or iniprisoniiient for a terni no t exceeding one year. (2) The punishment referred to in paragraph 1 o f h i s Art icle sliall be imposed o n whomever, without the authorisation o f the holder o f the r ight with regard to the radio broadcast shows, where such authorisation i s required iuider t l ie provisions o f t l ie law o f Bosnia and Herzegovina, or contrary to their prohibition, re-broadcasts or records the show, reproduces or distributes the recording o f i t s show. (3) If the perpetration o f t l ie cr iminal offence referred to in paragraph 1 and 2 o f th is Article has resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator has acted with an ai in o f acquiring such financial gain or causing such daiiiage, the perpetrator shall be punislied by imprisoimieiit for a t e i n i between six months and five years. (4) The objects intended or used for tlie perpetration o f the criminal offence or resulting fi-om t l ie peipetration of the criminal offence referred to in paragraph 1 t luougli 3 of t h i s Art icle shall be forfeited and destroyed.

I l legd Use of Radio Broadcasting Rights Ar t ic le 245. ( 1) Whoever, without the authorisation o f an authorised distributor o f a i l enciypted satellite signal, manufactures, assembles, modifies, imports, exports, sells, rents or otherwise distributes a tangible or intangible device or systeiii for decoding such a signal, knowing or having reason to know that the device or the systeiii serves primarily for decoding a n encrypted satellite signal, sliall be punished by a fine or imprisoimient for a terni not exceeding three years. (2) If the perpetration o f the criminal offence referred to in paragraph 1 o f th is Art icle lias resulted in a substantial financial gain or has caused a substantial damage, and the perpetrator lias acted with t l ie a im o f acquiring such fiilancial gain or causing such damage, the perpetrator shall be punished by imprisonnieiit for a tenn between six months and five years. ( 3 ) Objects intended or used for the perpetration o f tlie criminal offence or resulting f ro in the perpetration o f the criininal offence referred to iii paragraph 1 and 2 of th is A r t i c l e sliall be forfeited and destroyed.

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Illegal Distribution of Satellite Signals Ar t ic le 246. ( 1) Whoever, receives ai l enciypted satellite signal that has been decoded without the authorisation o f i t s lawfu l distributor and further distributes such a signal, knowing or having reasoils to know that such a signal i s decoded without authorisation, shall be punished by a f ine or imprisoiiiiient for a term no t exceeding six months. (2) If the perpetration o f the criminal offence referred to in paragraph 1 o f th is Art icle lias resulted in a substantial financial gain or has caused substantial damage, and the pei-petrator has acted with the a im o f acquiring such financial gain or causing such damage, tlie perpetrator shall be punished by a f i ne or imprisonment for a term not exceeding tliree years.


P a r t i - Judicial Protect ion Ar t i c le 111. The person whose copyrights or other related rights have been infr inged may demand protection o f such rights through claims foreseen in this L a w and may claim damages foreseen by the L a w o n contractual relations.

Ar t i c le 112. 1. Upon the request o f the plaintiff, the court may order iii i t s decision that:

a) the respondent be prohibited f rom engaging in certain preparatory acts, f rom the infringement i t s e l f and f rom future iiifringements;

b) the respondent rectifies the situation caused by the infringement and restore the situation existing pr ior to the infringement;

c) tlie unlawful ly niade copies o f the work and their packaging, o f a performance or o f other subject matter protected by th i s L a w should be destroyed or altered;

ci) the matrixes, negatives, plates, moulds or other material that has been insti-umeiital in the infringement should be destroyed or altered.

e) the devices whose sole or niain purpose lias been to make the infringements o f tlie r ight protected by t h i s L a w and wh ich are owned by t l ie infringer, should be destroyed or altered. tlie judgement should be published in public media at the respondent's expense, to such extent and in such manner as t l ie court may deem appropriate.

2. The provisioiis o f Paragraph 1 b) and c) shall no t apply to architectural structures unless the destizictioii or alteration o f a building i s dictated by the circumstances o f the case. 3. Instead o f the action mentioned in Paragraph 1 c) and d) the plaint i f f may claim that the respondent or the owner thereof surrenders hindher the copies or means specified t l ierei i i , against reimbursement o f the cost o f their production.

f)

Ar t i c le 113. 1. I f property or other right o f the author recognized by t h i s L a w has been infringed either iiiteiitioiially or through gross negligence, tlie plaint i f f may claim payment o f an agreed or the customary royalty or remuneration for such use, increased by up to 200%, regardless o f whether s h e has suffered actual pecuniaiy damage o n account o f the infringement or not. 2. When deciding o n the claim for the award o f punit ive mentioned in Paragraph 1, and determining t l ie amount thereof, the court shall take into account a l l the circumstances o f tlie case, and in particular the degree o f culpability, tlie amount o f agreed or customary royalty or remuneration and the general preventive purpose sought with the punitive damages. 3. In the event o f the actual damage exceeding the amount o f punitive damages, the plaint i f f shall be entitled to c la im the difference up to tlie full amount o f actual damages.

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Ar t ic le 114. Regardless o f any pecuniary damages recovered, or even where no material loss has been suffered, the court may award an author or performer equitable inonetaiy satisfaction o n account o f the infringement o f h i s h e r inoral rights in ternis o f provisions o f the Law on contractual relations o n t l ie moiietaiy conipensation o f non-material damages.

P a r t 2 - Provisioi ial Measures Ar t i c le 115. 1. The authorised person, who shows justifiable grounds for the bel ief that hishier exclusive rights under t h i s L a w are being infringed or that the infringement i s imminent, the court may order:

the provisional seizure or withdrawal f rom circulation o f articles or means i i i f r i i igi i ig the copyright or related right, or used for the infringement thereof, or which resulted f rom the infringement o f tlie copyriglit or related right, or which may be used as evidence o f the infringement o f the copyright or related right; the prohibit ion o f t l ie continuation o f activities already started that wou ld infringe copyright or related r ight or the prohibit ion o f t l ie continuation o f activities infr inging it.

2. I f there i s a l ikel ihood that the later submission o f evidence on infringement o f copyright or related right could be dif f icult or impossible, or if there i s a l ikel ihood o f irreparable damage, o r if there i s a l ikel ihood that the pi-ovisional measures la id down in Paragraph 1 wou ld no t be effective, the court shall order such measures, without the prior notification to t l ie other party to that effect . 3. The procedure concerning the proposal to order provisional iiieasures shall be urgent . 4. The corresponding provisions o f the L a w on Enforcement shall be applied to any matter concerning the ordering o f provisional measures, no t regulated by th is L a w .

a)

b )

BORDER MEASURES

CHAPTER XV - CUSTOMS MEASUWS Ar t ic le 116. 1. In the event o f a suspicioii that iiiipoi-t or export o f goods produced contrary to provisions o f this L a w i s pending, the custom body shall be obliged to in fo rm the right proprietor accordingly. 2. If the proprietor o f the r ight refeil-ed to iii this L a w shows justifiable grounds for the bel ief that h is i l ier exclusive rights are l ikely to be infringed by the importation o f certain goods, the customs authorities may order the goods to be seized and t l ie proprietor o f the r ight and tlie person authorised to dispose goods shall be promptly informed. 3. The customs bodies shall infoi-m the applicant on the origin, quantity and location where the goods are stored and tlie address o f tlie person authorised to dispose the goods. The applicant shall provide the customs bodies to check the goods if it does not breach the business secret o r secret o f the company. 4. The customs bodies shall order the seizure o f the goods if the coniplaint i s no t filed within maximum o f 14 days after the receipt o f the infoimation. 5. The custoins body shall promptly in fo rm the applicant on the complaint o f the person authorised to dispose goods against the goods seizure and the applicant shall promptly answer whether silie upholds the request.

15

Ar t ic le 117. 1. I f the applicant withdraws the request the custom body shall withdraw the goods seizure order. 2. If the applicant supports the request and foiwards the enforceable court i u l i ng ordering the storing o f the seized goods the custom body shall take necessary steps. 3. I f the applicant fails to act in l ine with the Paragraph above the custom body shall revoke goods seizure order within 10 days as of the delivery o f the information to the applicant. 4. I f the applicant proves that the coui-t ru l ing i s requested in l ine with Paragraph above, but court i-uliiig i s not delivered, the delay shall be extended for maxi inuni o f 1 O days.

Ar t i c le 118. If i t shows that the goods seizure order was ungrounded and that the applicant supported h i s ihe r goods seizure request or has no t immediately stated in regasd to the seizure in l ine w i th Art icle 116 Paragraph 5 the applicant shall be obliged to coinpensate the person authorised to dispose goods for the damage caused.

Ar t i c le 119. The Connci l o f Ministers o f Bosnia and Herzegovina shall pass inore detailed regulations on the implementation o f custom measures upon the proposal o f the Ministry o f Foreign Trade and Econoinic Relations.

16


J

Bosiîia and Herzegovina i s a meil lber o f WIPO siiice March lS', 1992.


a Notif ication o f succession by Bosnia and Herzegovina on July 12, 1993

2) BERNE CONVENTION for the Protection o f Literary and Artistic Works

a Party o f the Coiiveiition since March Is', 1992.


a Bosnia aiid Herzegovina i s not yet a Party o f the Treaty.

4) ROME CONVENTION for the Protection of Performers, Producers of Phonograins and Broadcasting Organizations

a Bosnia and Herzegovina i s i iot ye t a Party o f the Convention.

5) WXPO PERFORMANCES AND PHONOGRAMS TREATY (WPPT)

a Bosnia aiid Herzegovina i s not yet a Party o f the Treaty.

6) GENEVA CONVENTION f o r the Protection o f Producers o f Phonograms against Unauthorized Duplication of their Phonograms

a Bosnia and Herzegovina i s not yet a Pai-ty of the Convention.


Bosnia aiid Herzegovina i s not yet a Meniber of WTO but an Observer goveriuneiit.

17

BULGARIA


BULGARIA

TABLE OF CONTENTS

LEGAL FRAMEWORK: General Protection of Copyright ................... 2 1) Protected Works ................................................................................................ 2 2) Protection ........................................................................................................... 2

0 Mora l Rights ................................................................................................. 3 Economic Rights .......................................................................................... 3


0 General Provisions ....................................................................................... 6 0 Rights of Producers of Phonograms ........................................................... 7 0 Rights of Film Producers ............................................................................ 7 0 Rights of Radio and Television Organizations .......................................... 8

LEGAL FRAMEWORK: Remedies for Infringement ............................. 9 1) Criminal Offences ............................................................................................. 9 2) Administrative Offences ................................................................................. 10

BORDER MEASURES ....................................................................................... 12


LEGAL FRAMEWORK:


LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS (Published in State Gazette N o 5611993; amended N o 6311994, N o 10/1998,

N o 2812000, N o 7712002 )

i) Protected Works

Article 3. (1) Subject matter of copyright shall be any work o f literature, art and science, wh ich i s a result of creative activities and i s expressed in whatever manner and in whatever form, such as:

literary works, including works o f scientific and technical literature, editorials, columnist works, political essays and the like, and coniputer programs;

performing art works, such as drainatic works, drainatico-niusical works, pantomimes, choreographic works, etc.; filnis and other audiovisual works; works o f fine art, including works o f applied art, design and folklore artistic crafts;

photographic works and works created by a process analogous to photography; blueprints, maps, sketches, plans and others, relating to architecture, urban planning, geography, topography, niuseuni activities and to any sphere o f science and techniques;

1.

2. musical works; 3 .

4. 5.

6. works o f architecture; 7. S.

9. graphic design o f publications;

1. 2. 3 . periodicals, encyclopedias, collections, anthologies, bibliographic works,

( 3 ) Subject of copyright may also be any part o f a work under paragraphs (1) and (2), as we l l as preliminary drawings, diagrams, and the like.

(2) Subject o f copyright shall also be the following: translations and adaptations o f pre-existing works and folklore; arrangements o f niusical works and folklore;

databases and others, which include two or more works or products.

Exceptions Article 4. The fol lowing shall no t be subject o f copyright:

1 . legislative and individual enactments o f government bodies and of f ic ia l translations thereof;

2. ideas and concepts; 3 . works o f folklore; 4. current news, facts, information and data;

2

2) Protect ion

M o r a l Rights

ïjyies of Moral Copyright Ar t ic le 15. (1) The author sliall be entitled to:

I.

2. 7 3 .

4.

5.

6.

7 .

S.

decide whether h is work may be made available to tlie public and to determine when, where and how that may be done except for the subject matter o f copyright under Art. 3(1), i tems 4, 6 and 8, for which such riglits shall be arranged by contract; claini the copyright iii such work; decide whether such works shall be made available to tlie publ ic under a pseudonym or anonymously; require that his name, h is pseudonym or other identifying mark be mentioned iii a suitable manner whenever his work i s used; require that the integrity o f his work be preserved and object to any changes therein, as we l l as to aiiy other action which might violate h i s legitimate interests or personal reputation; make alterations iii tlie work in so far as tlie acquired rights o f other persons are not thereby prejudiced; have access to tlie original o f the work when it i s in tlie possession o f another person and whenever such access i s necessary for the exercise o f any moral or economic right provided by this Law; stop tlie use o f the work owing to changes in his beliefs, with tlie exception o f already completed works o f architecture, subject to conipensation for the damages incurred by persons who have lawful ly obtained tlie right to use the work.

(2) The author o f an architectural design shall not be ent i t led to object to the wish o f the owner o f the completed structure to destroy it, to reconstruct it, to add a superstructure or annex to i t as long as such actions are undertaken in compliance with the relevant laws in effect.

Non- Transferability of Moral Rights Ar t ic le 16. Mora l rights under itenis 2 and 4 o f paragraph (1) o f the preceding Art icle shall

be non-transferable. Transfer o f other nioral rights may only be explicit and in writing.

Exercise of Moral Rights After the Death of tlze Author Ar t ic le 17. After tlie author’s death and until the expiration o f t l ie tei i i i o f copyright protection, tlie moral rights, except for the rights under Ait. 15 (l), items 6 and 8, shall be exercised by the author’s successors.

Ecoi iomic Rights

Tjym of Econonzic Copyright Ar t ic le 18. (1) The author shall have the exclusive r igl i t to use the work created by him and to permit i t s use by other persons un less this L a w provides otheiwise. (2) Acts such as those listed below sliall be considered use within the meaning o f paragraph (1):

1. reproduction o f tlie work;

3

2.

,I 3 .

4. 5. 6.

7 . 8.

9.

1 o.

11.

distribution o f the original o f the work or copies thereof among an unl imited number o f persons; publ ic presentation or performance o f the work; broadcasting o f the work by wireless means; transmission o f the work by cable or other technical means; publ ic display o f a work o f fine art or a work created by photographic or siniilar means; translation o f the work into another language; modif icat ion o f the work. Modif icat ion means the adaptation o f the work and the making o f any alteratioiis to it, as we l l as the use o f the work for the puipose o f creating a new derivative work. iii iplenieiitation o f an architectural design by constructing or manufacture o f the object to which it relates. transmission by wireless, cable or other technical means o f access to the work, or part thereof, for tlie benefit o f an unl imited number of persons in a inanner that pei i i i i ts such access to occur in a place and at a t ime individual ly chosen by each one o f them. importat ion and exportation o f copies o f the work in conlinercial quantities, irrespective o f whether they have been manufactured legally or in violat ion o f the riglit under i tem 1.

(3) There shall be use under paragraph (2) itenis 3 to 8 inclusive, whenever the acts described above have been performed in such a maimer as to enable an unl i ini ted number o f people to perceive the work.

3) Dura t ion of Copyr igh t

General Rule Ar t ic le 27. (1) Copyright shall be protected for the lifetime o f the author and for seventy ears after h i s death. (2) For works created by two and more authors the terni specified in paragraph (1) shall start upon tlie death o f the last surviving co-author.

(..-)

Conznwzcement of Terms Ar t ic le 31. The t e r m s under the preceding Articles o f th is Chapter shall start to run o n Januaiy 1 o f the year fo l lowing the year o f the author's death or, as the case inay be, the year iii which the work under Articles 27 to 30 inclusive was made, or made available to the public, or published.

Use of Works After the Copyright Has Expired Ar t ic le 34. After the expiration o f the ter in o f copyright protection, the works may be used freely provided that the use does not violate the rights under Art. 15, items 4 and 5, which are o f unl imited duration. The bodies under Art. 33 shall inonitor the obseivance o f these rights and may, exceptionally, permit changes to be niade in such works.

4

Protection of Unpublished Works Ar t ic le 34a. Any person who inakes a work available to the public after the term o f copyright protection has expired shall enjoy the rights under Art. 18 if the work has not been published previously. That r ight shall be protected for 25 years as fi-om January 1 o f the year fo l lowing tliat in which the work i s made available to tlie public.

4) Si tuat ion of Fore ign Authors

Applicubb Law,for Literwry, Artistic und Architectural Works Ar t ic le 99. (1)Tliis L a w shall apply to:

1. works, whose authors are citizens o f the Republic o f Bulgaria or persons, who have a permanent address in the countiy, irrespective o f where t l ie works have been published for the f i rs t time; works, whose authors are citizens o f a state, w i th which the Republic o f Bulgaria i s bound by an international copyright treaty, or persons who have a perniaiieiit address in such a country, irrespective o f where the works have been published for the first time; works, which have been published for the f i rst time or have been implemented as architectural designs on t l ie territoiy o f the Republic o f Bulgaria or o n the territory o f a state, with which tlie Republic o f Bulgaria lias concluded an international copyright treaty, irrespective o f the nationality o f their authors; works, which have been published for the first time on the teiritory o f a state, with wh ich the Republic o f Bulgaria i s not bound by an intelnational copyright treaty but simultaneously or within a period o f thirty days after the publication have been published o n the territory o f the Republic o f Bulgaria or o n the territory o f another state w i th which tlie Republic o f Bulgaria has concluded such a treaty.

(2) Where t h i s L a w applies to works created by nationals o f other states or to works which have been published for the f i rs t time abroad the copyright owner shall be determined in accordance w i th the relevant foreign law. (3) With respect to woi-ks created by citizens o f foreign States, or to works f i rs t published abroad, the terni o f copyright shall be that specifies by the relevant foreign law, if it provides for a protection te im shorter than that specified in th i s Law.

2.

3 .

4.

Applicable Laiv,for Performances Ar t ic le 100.

(2) This L a w sliail apply also to the perfonnances o f foreign performers, which have taken place o n the teri-itory o f the Republic o f Bulgaria.

(1) (...I

ApplicuBie Law.for Recordings, Programs and Films Ar t ic le 101. This L a w shall apply to subject matter under Art. 72 items 2, 3, and 4, made by

physical persons who are citizens o f the Republic o f Bulgaria or have a permanent address in the country, or by legal entities, whose headquarters are located in the country, irrespective o f where they have been made, as we l l as to the recordings made or simultaneously published for the first time by foreign persons o n the territory o f the Republic o f Bulgaria.

Application of Intertiational Treaties Article. 102 (1) The rights o f the foreign performers, producers o f phonogranis and radio and television orgaiiizatioiis and film producers other than those, set out in Art. 100 (2) and Ait. 1 O 1, shall be protected iii compliance with the iiitei-national treaties o n rights neighbouring to copyright to which the Republic o f Bulgaria i s party.

5

(2) Foreign database makers shall be protected in accordance with the international treaties to wh ich the Republic o f Bulgaria i s party.

5) Related R ig l i t s

e General Provisions

Owners and Subject M a t t e r o f Neighbour ing Rights Ar t i c le 72. The Following shall have rights neighbouring to copyright in their works:

1. 2. 3 .

4.

performing artists in their performances; producers o f phonogranis in their recordings; the producer o f the in i t ia l recording o f a film or other audiovisual work in the original copy, as well as in the copies produced as a resul t o f such recording: radio and television organization in their programs.

Conflict witla Copyright Ar t ic le 72a. A neighbouring r ight may not be exercised in a inanner which might resul t in infringing or restricting copyright.

Exercising Neighbouring Rights through Collective Adrninistrntion Societies Ar t ic le 73. The economic rights o f performing artists, producers o f phonogranis, film producers,

and radio and television organizations may be exercised by duly empowered societies engaged in the collective administration o f rights under Art. 40.

Rights o f Per fo rming Artists

Ar t i c le 74. A performing aitist i s a person who presents, sings, plays, dances, recites, acts, directs,

conducts, comments upon, dubs into another language or otheiwise perfoims a work, circus or variety act, a puppet show or a work o f folklore.

M o r a l Rights Ar t i c le 75. (1) The performing artist shall enjoy the fol lowing moral rights:

1. to demand that l i s name, pseudonym or stage name be indicated or otherwise communicated in tlie customary manner at each l ive performance, o r o n every use o f a recording o f that performance when it i s reproduced or used in any other manner; to deniaiid the preservation o f the completeness and integrity o f a recorded perforinance in case o f reproduction or use in any other manner;

(2) The riglit under i tem 1 o f the preceding paragraph shall be inalienable. Waiving the requirement under i tem 2 may only be explicit and in writing.

2.

Economic Rights Ar t i c le 76. (1) A performing artist shall have the exclusive right to permit for conipeiisation:

1. the broadcasting o f a performance o f h i s by wireless, cable or other technical means, and also t l ie sound or video recording o f the perfoimance, the reproduction o f the recordings on audio or video carriers and their distribution. tlie publ ic performance and the broadcasting by wireless, cable or other technical means o f such recordings.

2 .

6

3 . t he offering to an unlimited number o f persons, by wireless, cable or other technical means, o f access to h is recorded performance or part thereof in a manner permitting the access to be had from any place and at any time individual ly chosen by each one o f those persons.

4. i i i ipoitat ion and exportation o f copies o f the recording containing the perforiiiance o f the work in comiiercial quantities, irrespective o f whether they have been manufactured legally or in violation o f the r ight under i tem 1.

( e . . )

Duration Ar t ic le 82. The rights o f tlie perfoimers shall remain in force for fifty years. The term shall run f rom tlie first o f January o f tlie year fol lowing the year in which the recording o f the performance was published, or, and where the recording lias not been published or the performance has not been recorded - at tlie beginning o f the year, fol lowing that in which t l ie first peifoimance was held. ( * * .)

Rights of Producers o f Phonograms

Right o nvieis Ar t ic le 85. Producer o f a phonogram shall be the physical person or t l ie legal entity that organizes tlie f i r s t recording and finances it.

Econonzic Rights Ar t ic le 86. (1) The producer shall have the exclusive right to grant pernlission against

c oiiip ens ation for: 1. 2.

the reproduction and the distribution o f the phonogram; the importation and the exportation o f copies o f the phonogram in commercial quantities, irrespective o f whether they have been inaiiufactured legally or in violation o f the rights under i tem 1; the public performance and broadcasting by wireless, cable or otlier technical means ; t l ie offering to an unlimited number o f persons, by wireless, cable or other technical means, o f access to the recording or a part thereof in a manner permitting the access to be had from any place and at any time individually chosen by each one o f those persons.

3 .

4.

(. - .) Moral Ri@ ts Ar t ic le 87. (1) T h e producer inay require that h i s name appear in the customary manner o n the sound cai-riers and their packaging whenever recordings made by him are reproduced and distributed. (2) 111 tlie absence o f p roo f to t l ie contrary it shall be deemed that the producer o f the recording i s the person whose nanie or other identifying mark i s indicated on the plioiiograni in the customary manner. ( . . e )

Durntioiz Ar t ic le 89. The rights o f the producers under this Chapter shall last for fifty years. The terni shall run f rom tlie f irst o f January o f the year, fol lowii ig the year in which the phonogram was niade. In case the phonogram lias been lawful ly published within t h i s period, the te i i i i

7

shall run f rom the f i r s t o f January o f the year, fol lowing the year o f that publication. In case the phonogram has no t been lawful ly published but lias been lawfu l l y communicated to the public within the period, referred to in the second sentence, the t e r m shall lui f rom the first o f January, fo l lowing the year o f that communication.

Rights o f Filin Producers

Colaterat oftlie Rights Ar t ic le 90a. (1) The producer o f the in i t ia l recording o f a film or other audiovisual work shall have, w i th respect to the original o f the film and the copies thereof produced as a result o f such recording, the exclusive right to grant permission against compensation for:

1. their duplication; 2. 3. 4. 5. their reproduction; 6. their distribution; 7. 8.

theis screening before the public; their broadcasting by wireless means; their transmission by cable or other technical means;

their ti-anslation into another language, dubbing or subtitling; the offering o f access to the film or a part thereof to an unl imited number o f persons, by wireless, cable or other technical means, in a inanner permitt ing the access to be had f rom any place and at any t i m e individually chosen by each one o f those persons. importation and exportation o f copies o f the film in commercial quantities irrespective o f whether the have been manufactured legally or in violat ion o f the r ight under i tem I or i tem 5.

(2) The producer shall be entitled to require that the nanie or tlie t i t le o f the film be inentioiied in the usual maiuier whenever the film i s used.

9.

Duration Ar t ic le 90b. The rights o f producers under th is Chapter shall be protected for fifty years. That terin shall conmience on Jaiiuaiy 1 o f the year fol lowing that in which the film was made available to the public; where tlie film has not been made available to tlie public, the terni shall commence at the beginning o f the year fo l lowing that in wh ich the film was niade.

R igh ts of Radio and Television Organizations

Coizdeiat of Rights Ar t ic le 91. (1) The radio or television organization that has niade the in i t ia l broadcast or transmission of i t s o w n program shall have the exclusive right to grant permission against coinpensation for:

1.

2. 3 .

re-broadcasting o f the program by wireless means or retransmission thereof by cable or other technical means; recording of the program and reproduction and distribution o f the recordings; offering to an unl imited number o f persons, by wireless, cable or other technical means, o f access to tlie filni or a part thereof in a manner permitt ing

8

the access to be had f rom any place and at any t ime individually chosen by each one o f those persons.

(..*I

Duration Article 92. The rights o f the radio and television organizatioiis under t l i s Chapter shall remain in force for fifty years. The terni shall conuneilce 011 the f i rst o f Jaiiuary o f the year fol lowing that in whicl i the prograin was f i rs t broadcast or transmitted.

9


1) Cr i i i i i i i a l Offeiices

PENAL CODE ( L A W to AMEND tlie Penal Code ( State Gazette, N o 50 o f 1'' June, 1995 ; N o

6211997))

CHAPTER III Section VI1

CRIMES A G A I N S T I N T E L L E C T U A L PROPERTY

Ar t i c le 172a. (1) Any person who fixes, reproduces, distributes, broadcasts or transmits by technical means or uses otherwise another person's literary, artistic or scientific work, without the authorization o f the copyright owner in case the law requires such a permission, shall be punished by iniprisomiieiit up to 3 years and a fine f ro in one mi l l ion to three m i l l i on leva (BGN). (2) The punishment under paragraph 1 shall be imposed also on that person who fixes, reproduces, distribute, broadcasts or transmits by technical means or uses otherwise a sound recording, a video recording or a radio program, a television program or software or a computer program without the authorization o f the owner o f the respective right in case the law requires such a peiiiiission. (3) 1ii case the criminal act under paragraphs1 and 2 i s repeated or the damages caused are particular b i g proportions, t l ie punislunent shall be imprisonment f rom one up to f ive years aiid a fine f rom three mi l l ion up to f ive ni i l l io i i leva (BGN). (4) Ili case o f l i t t le significance (minor cases) the punishment shall be a fuie imposed in an administrative way in accordance with the L a w o n Copyright and Neighbouring Rights. ( 5 ) The object of the crime i s seized in favour o f tlie state in case it belongs to the gui l ty pers on.

2) Admii i is t rat ive Offences

LAW ON COPYRIGHT AND NEIGHBOURING R I G H T S (Published in State Gazette N o 56/1993; amended N o 63/1994, N o 10/1998,

N o 28/2000, N o 7713002 )

Chapter Twelve CIVIL R E M E D I E S

Action ,fi, r Comp en satioia Ar t ic le 94. ( 1 ) Any person who infringes copyright or a right, neighbouring to copyright, or a r ight under Art. 93c sliall be liable to coinpensation for tlie damages incurred by the r ight owner or the person to whom exclusive user rights have been granted. (2) When tlie grounds o f the c la im have been established, but there is no t sufficient i i i formatioi i about tlie amount o f the coinpensation, the persons under paragraph (1) may deinaiid tlie fol lowing in place o f conipensation:

10

1. 2.

3 .

tlie revenue received as a result o f the infringement; the cost o f the object o f infringement at the retail prices o f the lawful ly reproduced copies, or f rom 100 to 50 O00 BGN, the exact s u n i being f ixed at tlie discretion o f the court.

Otlier Actions Ar t ic le 95. W h e r e a work or subject matter under Art. 72 i s used in violation o f the provision o f th is Law, the r ight owners or the person to whom the user r ight has been exclusively granted may bring an action in court for:

I. 2.

an injunction restraining the unlawful use; seizure and destruction o f the illegally produced copies o f the work, including negatives, master copies, printing blocks and other material used for the purposes o f copying;

3 . seizure and disablement of the copying, decrypting and reproduction equipment used exclusively for committing the infi-iiigemeiit;

4. delivery to him o f the articles mentioned in i tem 2. (.-)

Gunrnntee measures Ar t ic le 96a. (1) When copyright or a neighbouring r ight has been infringed or when there are sufficient grounds to consider that such infringement wil l be coimnitted or evidence will be lost, destroyed or concealed, the court, at the request o f the right holder or o f the person to who i i i the exclusive use r ight has been granted, may, without informing the other party, perinit some o f the fol lowing guarantee measures:

prohibit ion o f t l ie performance o f the activity alleged to constitute or to be about to constitute ai l unlawful use o f a work or subject matter under Art. 72; seizure o f tlie copies o f the work or subject matter under Art. 72 that are alleged to have been unlawful ly reproduced, as we l l as the negatives, printing blocks, stereotype plates and other material intended for the making o f the copies; prevention or prohibition o f the use o f machines which are alleged to have been or to be about to be used to commit violatioiis; sealing o f the premises on which i t i s alleged that infringements are being or wi l l be conmiitted.

1.

2.

3 .

4.

(*.*I

Chapter Thir teen A D M I N I S T R A T I V E - P E N A L PROVIS IONS

Penrrlties Ar t ic le 97. (1) Any person who in violatioii o f t l ie provisions o f t h i s Law:

1.

2. 3 .

4.

5. 6.

I. 8.

9.

reproduces and distributes video carriers embodying recorded f i l i n s or other audiovisual works; reproduces and distributes audio carriers embodying recorded works; organizes, in whatever manner, public showings o f f i l m s or other audiovisual works; offers third paities sound or video recording services consisting in the preparatioii o f single copies o f works or other material protected by this Law; organizes the l ive or recorded public perforinaiice or preseiitatioii o f works; broadcasts by wireless, cable or other teclmical means works 01- a radio or television program; publishes or distributes already published works; owns a computer program, knowing or having grounds to believe that th i s i s an infringement; reproduces or distributes or otherwise uses a computer program;

11

1 O. reproduces or distributes works o f applied art, design and crafts, photographic woi-ks or works made in a manner comparable to photography;

11. uses unlawful ly a work under art. 3, paragraph 1, items 6 and 8. 12. impedes the execution o f a provisional measure under article 96a; 13. does no t fulfill an obligation under Art. 26 (2); 14. violates a ban under Art. 93c shall be liable to a fine or pecuniary sanction

ranging f rom 200 to 2,000 BGN, unless the inffingeineiit i s subject to inore severe penalty; subject matter o f the infringement, regardless o f whose propei-ty inay be, shall be seized in favour o f the State and shall be handed over for destruction by agencies o f the Ministry o f Interior.

(2) A repeat offence under paragraph (1) committed within one year o f the imposit ion o f the previous penalty shall be punished with a fine or pecuniary sanction ranging between 1,000 and 5,000 BGN; subject matter o f tlie infringement, regardless o f whose property it inay be, shall be seized in favour o f the State aiid shall be handed over for destruction by agencies o f the Minisby o f Interior. (3) In the event o f systematic infringement, the facility where the infringements have been coinmitted, such as a shop, studio, restaurant, movie theatre, theatre, company head office, etc. shall be closed for a term o f t h e e to six montlis. (4) Societies conducting collective administration o f rights under this Law, wl i ic l i act in violat ion o f Art. 40 (4) shall be liable to a fine o f between 200 and 2,000 BGN. (5) The sanctions under paragraphs (1) and (2) shall be imposed o n any person who produces, distributes, advertises or imports, or possesses for commercial purposes, a decrypting device capable o f affording access to an encrypted signal for persons who are outside the reception area specified by the broadcasting organization. (6) The sanctions under paragraph 1 and 2 shall be imposed also on persons who, without having the right, remove, modify, destroy or disrupt technological means o f protection knowing or having grounds to know that these devices are pr imari ly designed for such puiposes. (7) The sanctions under paragraphs 1 and 2 shall be imposed also o n persons who inailufacture, import, distribute, sell, rent, offer for sale or rental, or possess for coinniercial purposes devices, products o r components which are pr imari ly designed to remove, damage, destroy or disrupt technological nieans o f protection, or persons who pi-Ovide services for s u d i circumvention with commercial purposes. (8) The sanctions under paragraphs (1) and (2) shall also be imposed o n any person who does the fol lowing without authority aiid being aware or having reason to believe that the act i s liable to cause, perinit, facilitate or conceal t l ie infringement o f a right protected by th is Law:

removes or modifies information in electronic fo rm o n the regime o f rights in the subject matter o f copyright or neighbouring rights; distributes, including import for the purposes o f distribution, performs in public, broadcasts by wireless or transmits v ia cable or other technical nieans subject matter o f copyright or neighbouring rights, offers an unl imited i iunber of persons access to subject matter in a manner whereby that access niay be had fi-om a place and at a t ime individually chosen by each o f those persons, knowing that the information in electronic forni o n the regime o f rights in the subject matter has been removed or modif ied without authority.

(9)"Rights management infoiniation" as used in Art.7 nieans information wl i ic l i identifies the subject matter of copyright or neighbouring right, the holder o f such a riglit, information about tlie terms and conditions o f use o f such subject matter, and any numbers or codes that represent such infoimation, when any o f these items o f information i s attached to a copy o f the subject matter o r appears in connection with i t s disclosure to the public.

1.

2.

12

BORDER MEASURES

Chapter Twelve “a” Border Measures

Grounds and Field of Application Article 96b. (I) A copyright holder o f a neighbouring iight or a r ight under Art. 93c, or the person to whoi i i an exclusive right to use lias been granted, inay request the custoins authorities to suspend any goods transported across the state border o f the Republic o f Bulgaria regarding which there i s reasonable grounds to consider that they infringe rights protected by this Law. To cover suspense expenses, charges shall be payable at a rate la id down in a tar i f f adopted by the Council o f Ministers. (2) When the state o f residence or the registered office o f the petitioner i s outside th i s country, an address for service within the territoiy o f tlie Republic o f Bulgaria shall be provided. (3) The provisions o f t h i s Chapter shall also apply to temporay imports and exports. (4) T l i e suspension measure shall not apply to goods transported by passengers in small quantities for non-commercial purposes, to sinal1 parcels sent by parcel post or to goods in transit.

Procedure of Suspension Article 96c. ( I ) Suspension shall be effected on the basis o f a petition in writ ing lodged by a person under Art. 96b (1) wh ich petition shall contain proof o f the petitioner’s rights, and also o f the ground to consider that the rights have been infringed. (2) After establishing the existence o f the circumstances provided for in Art. 96b( l), the customs authorities shall suspend the goods and shall impose on the petitioner a guarantee in money or property which shall cover his probable l iabi l i ty should the suspension o f goods i s found unreasonable. (3) The customs authorities shall without delay noti fy the petitioner, the consignor and the consignee o f t l ie suspension o f the goods. Tlie saine persons shall be entitled to inspect the suspended goods and to receive inforniatioii about them. (4) if, within 10 working days f rom the date o f being notified under paragraph (3) for the suspension o f goods, the petitioner does not present any proof that legal proceedings have been initiated before the relevant court to settle the dispute upon i t s merits, or that a guarantee measure has been authorized, the customs authorities shall release the suspended goods, provided that a l l requirements for standard iniport or export have been satisfied. Tl ie release o f the guarantee lodged shall take place according to the procedure established by Art. 322 (2) o f the Code o n tlie C iv i l Procedure. I f the petitioner files a we l l grounded request, the ter in inay be extended by another 10 working days. (5) The competent authorities before which the legal procedure under paragraph (4) has been initiated shall decide, upon request by the interested party, whether the suspension measure i s to be coiifirnied, modif ied or revoked. (6) Where after tlie request for suspension no procedure under paragraph (4) i s initiated or where t l ie request proves to have been groundless, the aggrieved party shall be entitled to indeiiiiiification.

Actions Initiated by Custorns Authorities Article 96d. (1) Tlie customs authorities may o n their own initiative or upon request by another government agency suspend goods regarding which they have reasonable ground to consider that they infringe t l ie rights protected by this Law. (2) in such cases, the customs authorities shall without delay i i i fon i i the persons under Art. 96b (I), the consignor and the consignee and shall give thein the oppoihinity to

13

inspect the suspended goods. The customs authorities may deinand the right holder or the owner o f neighbouring rights to provide any information that inay be needed for an expert assessment. (3) The decision Luider paragraph (1) may be appealed according to the procedure established by the Code on tlie Administrative Procedure. (4) If, w i th in 10 working days froin the day o n wh ich the goods were suspended, no procedure i s initiated before the relevant court to settle the dispute upon its mer i t s o r no i-uling i s pronounced by the couit o n the authorizatioii o f a guarantee measure, the customs authorities shall release tlie suspended goods, provided that a l l standard import aiid export requirements are satisfied. (5) The customs authorities shall not be liable for any action they have undertaken in good faith to suspend the goods.

Additional Replation Article 96e. The Counci l o f Ministers shall issue a regulation on the iinplenientation o f this Chapter.

14


Bulgaria i s a ineniber o f WIPO since M a y 19, 1970.


a Accession by Bulgaria o n March 7, 1975.


a Party o f the Convention since Deceinber 5, 1921.


a Party o f the Treaty since March 6,2002.

4) ROME CONVENTION for the Protection o f Performers, Producers o f Phonograms and Broadcasting Organizations

a Party o f the Convention since August 3 1, 1995


a Party o f the (WPPT) since M a y 20, 2002.

6) GENEVA CONVENTION for the Protection o f Producers o f Phonograms against Unauthorized Duplication of the i r Phonograms

a Accession by Bulgaria to the Coilvention o n September 6, 1995.


Bulgaria has been a nieiiiber o f WTO since December lS', 1996.

15

CROATIA


REPUBLIC OF CROATIA

TABLE OF CONTENTS

LEGAL FRAMEWORK: General Protection o f Copyright ................... 2

2) Protection .................................................................................................................. 3 0 M o r a l Rights ........................................................................................................ 3 0 Economic Rights ................................................................................................. 3

3) Duration of Copyright ............................................................................................. 4 4) Situation of Foreign Authors .................................................................................. 4 5) Related Rights .......................................................................................................... 5

0 Rights of Performers .......................................................................................... 5

0 Rights of the Broadcasting Organisations ........................................................ 7

1) Protected Works ....................................................................................................... 2

0 Rights of Producers o f Phonograms ................................................................. 6

LEGAL FRAMEWORK: Remedies for Infringement ............................. 8 1) Criminal Offences .................................................................................................... 8 2) Administrative Offences ........................................................................................ 10

BORDER MEASURES ....................................................................................... 11


1 LEGAL FRAMEWORK:


COPYRIGHT LAW STATE I N T E L L E C T U A L PROPERTY OFFICE

January, 2000

I) Protected W o r k s

1.Tlie Author’s work

Ar t ic le 3. U n l e s s otherwise provided in t h i s Law, a creation in the literaiy, scientific or artistic f ie ld or in any other f ie ld o f creation, whatever may be the kind, method or f o m i o f expression thereof, shall be considered an author’s work.

The following, in particular, shall be considered author’s works: writ ten works o f any kind, including computer progranis; oral works (lectures, addresses and other works o f the same nature );

choreographic works and entertaiiimeiits in dumb show the acting fo rm o f wh ich i s fixed in writ ing or otherwise, as we l l as works derived f rom folklore;

- musical works, with or without words; - cinematographic works and works created by a process analogous to

cinematographic creation; - works of painting, sculpture, architecture and graphic art, whatever may be the

niaterial o f which they are made, as we l l as others works o f fine art; works o f a l l branches o f applied art and industrial designing; photographic works and works produced by a process analogous to photography; cartographic works (geographical maps, topographical maps, and the like) ; plans, sketches and three-dimensional works related to geography, topography, architecture and any other scientific or artistic field.

-

- - dramatic and dramatico-niusical works; -

- - - -

(. * -1

Ar t i c le 5. Translations, adaptations, inusical airangements and other alterations o f authors’ works shall be protected as original works.

The protection provided for in the first paragraph o f th is Art icle shall also be granted to translations o f off icial texts o f a legislative, administrative or judicial nature, i f these translations ate not made for the puipose o f off icial publication and are no t published as such.

The provision o f the f i r s t paragraph o f t h i s Article shall no t affect the rights o f the author o f the original work.

A r t i c l e 6. The use of creations o f fo lk literature and art for the puipose o f a literaiy, artistic or scientific arrangement shall be free.

2

2) Protect ion

Ar t i c le 25. Copyright shall include property-right prerogatives (hereinafter referred to as “authors’ economic rights”) and prerogatives o f a personal nature (hereinafter refei-red to as “authors’ moral rights”).

M o r a l Rights

Ar t i c le 27. The author’s moral rights shall consist o f the right to be recognized and indicated as the author o f the work, h i s right to object to any distortion, mutilation or other modif icat ion o f the work, and h i s right to object to any use o f the work which wou ld be prejudicial to h i s honor or reputation.

0 Economic Rights

Ar t i c le 26. The author’s economic rights shall consist o f the rights o f the author to the exploitation o f h i s work.

The exploitation o f an author’s work i s effected, in particular, through publication, reproduction 01- niultiplication distribution, presentation, perfoimance, transmission or other conmiunication to the public, translation, adaptation aiid arrangement work.

Unless otherwise provided in t h i s Law, exploitation o f an author’s work by another person may take place only with the authorization o f the author.

Unless otherwise provided in t h i s L a w or by a contract, the author shall have the right to a reinuneration for each and every exploitation o f h i s work by another person.

Ar t i c le 30. The author shall have the exclusive right to authorise the publication, reproduction or mult ipl icat ion of the work, putting into circulation the original or the copies o f the work, including the importation thereof, the presentation, perfomiance, alteration or the exploitation o f the work in any other forni, unless otherwise provided by th i s Law.

Ar t i c le 30a. The authors o f the computer programs, cinematographic works analogous to them referred to in Art icle 3, paragraph 2, subparagrapho, o f this Law, and o f the works f ixed on sound cai-riers (phonogranis) shall have the exclusive r ight to authorise the rental o f the originals or the copies o f those works.

A r t i c l e 31. Authors o f dramatic, draniatico-musical and musical works shall have the right to authorize:

1. 2.

the publ ic performance o f such works, the conununication to the publ ic o f the performance o f such works by any means.

The rights referred to in the f i r s t paragraph o f th is Article shall also be granted to the authors o f dramatic and dramatico-musical works w i th respect to translations o f such works.

3

Ar t ic le 32. The author shall have tlie exclusive right to authorize :

1.

2.

t l ie broadcasting o f h i s work or the conmiunication thereof to tlie publ ic by any other means o f wireless dif fusion o f signs, sounds or images ; any coiiuiiunication to the public, whether by wire or not, o f the broadcast o f h i s works, where such conmiunication i s made by an organization other than one which originally broadcast it ;

3. the coinniuiiicatioii to the public by loudspeaker or any other similar instrument transniittiiig, by signs, sounds or images, tlie broadcast o f h i s work.

( a - . )

3) D u r a t i o n of Copyr igh t

Ar t i c le 81. Authors’ economic rights shall last during the author’s l i fe and seventy years after h i s death, and if such rights belong jo int ly to the collaborators in tlie creation o f the author’s work, th is term shall be counted froin the death o f the last deceased collaborator.

Authors’ economic rights in an aiioiiyinous author’s work and iii a author’s work publislied under a pseudonym shall last seventy years fi-om tlie publication o f the work. If a pseudonym leaves no doubt regarding t l i e identity o f tlie author or if t l ie author reveals h i s identity, the author’s economic right shall last as long as i t wou ld have lasted if the author’s work had been published under the name o f the author.

If t l ie holder o f the author’s economic right, within the meaning o f Art icle 24 o f this Law, i s a legal entity, t l ie copyright shall last for seventy years as f rom tlie publication o f the work or seventy years respectively as f ro in tlie creation a computer prograin.

T l i e ter i i is referred to in t h i s Art icle shall begin w i th January 1 o f the year fo l lowi i ig i i imediately the year in wl i ic l i the author died, or as the case inay be, tlie year in which the was publislied or created respectively.

Ar t i c le 86. Autlior’s moral rights shall subsists also after t l ie tei-niiiiatioii o f their ecoiioinic rights.

Ar t i c le 88. After the termination o f author’s economics rights, a special remuneration sliall be payable for t l ie use o f the author’s work i f so provided by a separate law.

4) Si tuat ion of Fore ign Authors

Ar t i c le 2. The authors’ works o f nationals o f the Republic o f Croatia, or o f persoiis who are no t nationals o f the Republic o f Croatia but have their usual residence iii the Republic o f Croatia, published in tlie Republic o f Croatia or abroad, as we l l as authors’ works wh ich have not been published, shall enjoy protection pursuant to this Law.

Tl ie unpublished authors’ works o f foreign nationals and stateless persons f i rs t published in t l ie Republic o f Croatia shall enjoy, pursuant to t h i s Law, the same protection as tlie authors’ works o f tlie nationals o f the Republic o f Croatia.

Tl ie authors’ works o f foreign nationals no t f i r s t published in îlie Republic o f Croatia shall enjoy, pursuant to t h i s Law, protection witliiii tlie framework of the obligations

4

which the Republic o f Croatia lias assunied under international treaties or o n t l ie basis of t h e de.fizcto reciprocity.

5) Related Rights

Rights o f Performers

Chapter 1. Ar t i c le 100. Performers who perfoim literaiy or musical works or other artistic works shall enjoy the rights la id down in th i s L a w in respect o f their performances.

The rights o f performers shall in no way affect tlie rights o f authors o f the works mentioned in the f i r s t paragraph o f th i s Article.

A r t i c l e 101. For the purposes o f t h i s Law, perfoiiners are individuals aiid groups that in an artistic manner present, recite, declaim, sing, play, dance or in any other way perfoim literary or musical and other artistic works.

Ar t i c le 102. The perforiner who i s a national o f the Republic o f Croatia, or a foreign national who has a usual residence in the Republic o f Ci-oatia, shall enjoy t l ie rights provided by this Law in respect o f h i s perfoiiiiaiices given or used in the republic o f Croatia o r abroad.

The performer who i s a foreign national or stateless shall enjoy the rights in respect o f h i s performances given or used in the republic o f Croatia, pursuant to this L a w within the framework o f t l ie obligatioiis which the Republic o f Croatia has assumed under iiiteriiatioiial treaties or 011 the basis o f defacto reciprocity.

Chapter II Ar t i c le 103. The perfoiiiier shall enjoy the economic and moral rights provided by t h i s Law.

The economic rights refei-ïed to in the f ï rst paragraph o f t h i s Art icle shall be understood to b e t l ie rights o f the perfornier in relation to tlie exploitation o f h i s perfoiiiiance.

The moral rights referred to iii the f i rs t paragraph o f t l i i s Art icle shall be understood to be tlie perfornier’s r ight to have h is name or pseudonym mentioned on any conmiunication o f l i i s perfoimaiice to the public, and also 011 any recording or o n the cover o f any recording thereof, and l i i s right to object to any distortion, muti lat ion or other alteration o f h i s perfoniiaiice, to the use aiid distribution o f h i s recorded performance i f the recording lias technical or other defects, and also to iinproper use o f recordings that are prejudicial to h i s honour and reputation.

Ar t i c le 104. I f not otherwise provided by t h i s Law, the performer has the exclusive r ight to authorise:

1) 2)

3 ) 4)

radio or television broadcast o f h i s perfoi-iiiaiice; coinniunicatioii to the public o f l i i s perforiiiaiice by means o f loud-speaker or other technical devices f rom the room or place the performance i s taking place; sound or visual, or sound and visual fixation o f the performance ; direct or indirect reproduction o f his f ixed performance in i t s entirety or in pats;

5

5) putting into circulation o f the original or the copies o f h i s f ixed performance including the iniportation and the rental thereof.

(..*I

Chapter I V Ar t i c le 113. The t e r m of the economic rights o f perfoimers provided for iii t h i s L a w shall be fifty years, counted,

I . for recorded perfoimaiices, f rom the end o f the year iii which they were

2. for unrecorded perfonnaiices, f ro in the end o f the year in which they were given. recorded;

Ar t i c le 114. The moral rights o f the perfoi-nier shall subsist even after the tel-mination o f h i s economic rights. (*..I

Chapter V I Ar t i c le 119. A performer whose economic or moral r ight lias been infringed, may demand the protection o f that r ight and claim the damage for t l ie harm suffered by the infringement.

At request o f the defendant whose perfoi-niers’ r ight lias been infringed, the court may order in i t s decision :

1) 2)

3 )

that the defendant be prohibited to continue h i s infringement o f the right; that the objects by means o f which the infringement o f the r ight was coniinitted be destroyed 01- modified; that the judgment be published at t l ie expense o f the defendant.

On the proposal o f the perfoinier or other holder o f the perfonners’ rights, o r the i r association, or other legal entity specialised for the administration o f performers’ rights, whereby it i s made l ikely that the performer’s r ight has been infringed, or that the infringement i s imminent, tlie court may order:

i) the temporary seizure or withdrawal f rom circulation o f the objects or means respectively infr inging the performers ’ rights or the infringement o f the perfoiiiiers’ rights, or resulting f rom such infringement, or the objects o r means respectively which may serve as evidence o f the conmit ted infringement o f Th performers’ rights; the prohibit ion o f the continuation o f activities already started wh ich migh t infringe the perfoiniers’ rights, or the prohibition o f the coiitinuation o f activities infringing the performers’ lights.

2)

Rights of Producers of Phonograms

Ar t i c le 120a. Producer o f phonogranis shall considered the person who f i rs t f ixes the sounds o f a performance or other sounds.

If not otherwise provided by th i s Law, producers of phoiiograms shall have the exclusive r ight o f giving authorisatioiis for:

1 ) 2)

the direct or indirect reproduction, in whole or in part, o f their phonogranis; putting into circulation o f the original or copies o f their phoiiograms, including the importation and rental thereof;

6

In cases referred to in paragraph 2 o f th is article, producers o f phonogranis shall have the r ight to a remuneration, if not otherwise provided by this Law or by a contract.

Producers o f phonogranis shall also have the r ight to a reniuneration iii the case where t l ie phonogram which i s put into circulation i s used for the radio or television broadcast o f for other coiimiunication to the public (secondary use).

The rights o f tlie producers o f plionograms shall last for fifty years, couiitii ig f rom the ei id o f the year in which the plioiiograin was published, and if it has not been published, f rom the end o f the year in which the fixation took place.

The foreign producers o f phonogranis shall have the rights prescribed by th is L a w witliiii the framework o f the obligations assumed by the Republic o f Croatia under international treaties or on the basis o f the de facto reciprocity.

The rights o f the producers o f phonograins shall not, in any way, prejudice the rights o f authors or tlie rights o f perfoimers.

Rights o f the Broadcasting Organisations

Article 120b. I f not otherwise provided by th is Law, a broadcasting organisation has tlie exclusive r ig l i t to authorise :

1 ) the re-broadcasting o f their broadcasts by wire 01- wireless means; 3) the f ixat ion o f their broadcasts; 3 ) tlie reproduction o f fixations o f their broadcasts; 4) the coiimiunication to tlie publ ic o f t l ie i r television broadcasts, if such

coinniunication i s accessible to the public against the payment o f an eiitraiice fee.

Broadcasting is , within the meaning o f t h i s Law, any transmission by wire or wireless nieans or by satellite intended for the publ ic reception o f sounds, 01- o f images and sounds, or the representation thereof, including tlie transmission by l ie eiiciypted satellite signal where tlie means for decrypting such a signal are provided to the public by t l i e broadcasting organization or with i t s authorisation.

In cases refer red to in paragraph 1 o f this Article, the broadcasting organization shall have the r ight to a reniuneratioii, if i io t otlieiwise prescribed by this L a w or by a contract.

The rights o f the broadcasting orçaiiizatioiis shall last for f i f ty years, counting f rom t l ie end o f the year in which the broadcasting took place.

The foreign broadcasting orgaiiizatioiis shall have the rights prescribed by this L a w within the framework of tlie obligations assumed by t l ie Republic o f Croatia under iiiteriiational ti-eaties or on basis o f the defacto reciprocity.

The rights o f the broadcasting organizations sliall not, in any way, prejudice the rights o f authors, t l ie rights o f perforniers or the rights o f the producers o f plionograms.

7

LEGAL FRAMEWORK: Remedies for Infringement

1) Cr i i n ina l Offences

Ar t i c le 124a. Whoever without the authorisation o f the lawfu l distributor o f t l ie encrypted satellite signal, manufactures, assembles, modifies, imports, exports, sells, rents o r otherwise distributes a tangible or intangible device or system for decoding such a signal, knowing or having reason to know that the device or the sys tem serves primari ly for decoding an encrypted satellite signal, shall be punished for a cri ininal act by a fine or by iiiiprisoiinieiit LIP to t h e e years (Article 120b, paragraph 2).

I f t l ie conmitment o f a crini inal act referred to in paragraph 1 o f t h i s Art icle lias resulted in a substantial financial gain or lias caused a substantial damage, and if the perpetrator lias acted with the a im o f acquiring such financial gain o r causing such damage, slieilie shall be punished by iniprisonmeiit f rom 6 months up to f ive years.

The objects intended or used for t l ie commitment o f a criminal act or resulting f rom the coiiii i i itmeiit o f a criminal act referred to in paragraph 1 and 2 o f t h i s Art icle shall be seized and destroyed.

Ar t i c le 124b. Whoever receives an encrypted satellite signal that lias been decoded without the authorisation o f i t s l aw fu l distributor and further distributes such a signal, knowing or having reason to know that such a signal i s decoded without authorisation, shall be punished for a criminal act by a f i n e (Article 120b, paragraph 2).

I f the conunitnient o f a crini inal act referi-ed to in paragraph 1 o f th is Art icle has resulted in a substantial financial gain or has caused a substantial damage, and if the peiyetrator lias acted with the a im o f acquiring such financial gain o r causing such damage, slie/he shall be punished by a fine, or by imprisonment up to t h e e years.

Ar t i c le 125. Any legal entity shall be punished for a misdemeanor by a fine amounting f rom 5.000,OO up to 50,000,OO kuiias if it:

without the author’s authorisation, and under its o w n naine or under tlie name o f another publishes, presents, performs, transinits o r otherwise conmunicates to the public somebody else’s work or allows it to be done (Article 27); without tlie author’s authorisation destroys, deforms, distorts or otherwise modifies the author’s work, without &e author’s authorisation, or uses it in a manner which is offensive to the author’s honour or reputation (Article 27); without indicates the lianie or the pseudonym o f the author, except where the author wants to b e anonymous, publishes, presents, performs or otherwise conuiiuiiicates to the public his work (Article 28); without tlie authorisation o f the author or other holder o f copyright, the association o f authors or other legal entity specialised fo r the administration o f copyrights referred to in Art ic le 90, paragraph 1 o f this Law, where such authorisation i s required under the provisions o f th i s Law, or, contrary to their prohibitioii, publishes, reproduces or multiplies, iinports or distributes the

8

original or the copies o f the work, presents, perfoi-nis, fixes o n a material surface, broadcasts, coiiununicates through mass media, translates, adapts, ai-ranges, or otherwise alters the author’s work or uses it in any other form (Article 30); without the authorisation o f the author or other holder o f copyright, the association o f authors or other legal entity specialised for the administration o f copyrights referred to in Art icle 90, paragraph 1 o f th is Law, where such authorisation i s required under the provisions o f this Law, or, contrary to their prohibit ion rents the original or tlie copies o f the computer program, the cinematographic and analogous work or o f tlie work embodied in the phonogram (Article 30a ).

5)

The responsible person in a legal entity shall also be punished for tlie niisdeineanor referred to in paragraph 1 o f t h i s Art icle by a f i ne amounting f rom 5.000,OO up to 5,000,00 kunas.

I f the misdemeanor referred to in paragraph 1 o f t h i s Art icle lias been coinmitted by a iiatural person, s h e h e shall be punished by a f i ne amounting fiom 1.000,OO up to 5 .000,00 kunas.

Article 126. Any legal entity shall be punislied for a inisdemeanor by a f ine amounting f rom 5.000,OO up to 50,000,OO kunas if it:

1) without tlie performer’s autliorisatioii, and under i t s naine or under the name o f another, publishes, presents, performs, traiisinits or otherwise coinrnunicates to tlie publ ic somebody else’s performance or allows it to be done (Article 103, paragraph 3); without indicates the name or the pseudonym o f the performer, except where the performer wants to be anonymous, publishes, transmits or otherwise coiimiuiiicates to the public h i s performance (Article 103, paragraph 3); without tlie performer’s authorisation, destroys, deforms, distorts or otherwise modifies the h i s f ixed performance, or uses it in a manner which i s offensive to tlie perfornier’s honour or reputation (Article 103, paragraph 3); without the authorisation o f the perfoinier or other holder o f performer’s right, tlie association o f performers, 01- other legal enti ty specialised for the adiiiiiiistration o f performer’s right referred to in Art icle 11 6, paragraph 1 o f t h i s Law, where such authorisation i s required under the provisions o f th is Law, or, contrary to their prohibition, broadcasts or coiiununicates the performance to the public, fixes t l ie perforinaiice, reproduces the f ixed perforiiiaiice, imports, distributes or rents the original or copies o f the fixed performance (Article 104);

2)

3 )

4)

The responsible person in a legal entity shall also be punished for tlie misdemeanor referred to in paragraph 1 o f th is Ai t ic le by a f i ne amounting f i o in 5.000,OO up to 5,000,OO kuiias.

I f the iiiisdeineanor referred to iii paragraph 1 o f t h i s Art icle has been committed by a natural person, sheil ie shall be punished by a f i ne amounting f rom 1.000,OO up to 5.000,OO kunas.

Article 127. A precautioiiai-y measure shall be ordered comprising the seizure o f the objects intended or used for, or resulting from, the commitment o f misdemeanors referred to in Articles 125,126, 126a and 126bm o f th is Law, irrespective o f whether they are tlie property o f the peiyetrator or not.

The decision relating to the misdemeanor referred to in paragraph 1 o f t l i i s Art icle shall order the destruction o f the seized objects.

9


Ar t i c le 95. Any person whose author’s rights, whether economic or moral, have been infr inged may demand the protection o f such rights and claini damages for the ha rm suffered by the iii frin g emeiit.

Ar t i c le 96. At the request o f the plaintiff, the court may order in i t s decision:

1) 2)

3 )

that the defendant be prohibited to continue h i s infringement o f copyright; that the objects by nieans o f which the infringement o f the copyright was coinniitted be destroyed or modified; that the judgement be published at the expense o f the defendant.

Ar t i c le 97. O n the proposal o f the author, or other copyright holder, or their association, or otlier legal entity specialised for the administration o f copyrights, whereby it i s made l ikely that the concerned Copyright was infringed or that the iiifringenieiit i s inminent, the court may order:

the provisional seizure or withdrawal fi-oin circulation o f articles or means respectively, infr inging the copyright, or used for the infringement thereof, or wh ich resulted f rom the infringement o f the copyright, or wh ich may be used as evidence o f the infringement thereof; the prohibit ion o f the continuation o f activities already started that wou ld infringe copyright or the prohibit ion o f t l ie continuation o f activities infr inging it.

I f there i s a l ikel ihood that the later provision o f evidence on infringement o f copyright could be di f f icul t or impossible, or if there i s a l ikel ihood o f irreparable damage, or if there i s a l ikel ihood that the provisional measures la id down in paragraph 1 o f th is Art icle wou ld not be effective, the court shall order such measures, without the pr ior notification o f t l ie other party to that effect.

1 )

2)

The procedure concerning tlie proposal for ordering provisional measures shall be urgent.

The coi-responding provisions o f the Law o n Enforcement shall be applied to any matter coiiceriiing the ordering o f provisional measures, not regulated by t h i s Law.

Ar t i c le 98. Where a person who publicly exploits an author’s work does not indicate the author’s full naine in connection with such exploitation, the author may claim appropriate coinpensation for damages f rom such person, the subsequent publication o f the author’s fLi11 iiaine in a suitable fo rm as we l l as interdiction prohibiting tliat person f rom repeating such infringements.

Ar t i c le 99. Copyright cannot be the subject o f compulsory execution, Coinpulsory execution may be exercised o n the economic benefit derived f rom author’s work. Unfinished works and unpublished manuscripts cannot be t l ie subject o f compulsory execution.

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BORDER MEASURES

Art ic le 120d. The supervision o f an iniportation or transfer across the border l i n e o f t l ie original 01- o f the copies o f the author’s work, o f the f ixed performance or o f the phonogram shall be carried out by t l i e competent customs authority.

On the request o f the rights holders referred to in this Law, the coinpeteiit custoins authorities shall, under conditions and in the nianiier provided for by the customs provisions, suspend the release into free circulation o f unauthorised copies o f the authors works, f ixed perfomiaiices, or phonogram respectively.

The competent customs authority referred to in paragraph 1 to t h i s Article shall br ing crimii lal charges regarding the commitment o f a criminal act, or shall f i le a request for the institution o f the proceedings regarding tlie inisdeineanor respectively, to the coiiipeteiit State authorities.

11


Croatia i s a ineiiiber o f WIPO since October 8, 1991

1) UNIVERSAL COPYRIGHT CONVENTION (UCC) as revised a t Paris on 24 July 1971

Notif icat ion o f succession by Croatia o n July 6, 1992.


Party o f the Convention since October 8, 1991


Party o f the Treaty since March 6, 2002.

4) ROME CONVENTION for the Protection o f Performers, Producers o f Phonogranis and Broadcasting Organizations

Party o f the Convention since April 20, 2000.


Party o f (WPPT) since M a y 20,2002.

6) GENEVA CONVENTION for the Protection o f Producers of Phonograms against Unauthorized Duplication o f their Phonograms

Party o f the Convention since April 20, 2000.


Croatia has been a member o f WTO since November 30, 2000.

12

The Former Yugoslav Republic o f

MACEDONIA


zillllK The Former Yugoslav Republic o f

MACEDONIA

TABLE OF CONTENTS


0 Moral Rights ................................................................................................. 3 0 Economic Rights .......................................................................................... 4


0 General Provisions ....................................................................................... 7

0 Rights of Producers of Phonograms ........................................................... 9 0 Rights of Film Producers ............................................................................ 9 0 Rights of Scenic Producers ......................................................................... 9 0 Rights of Radio and Television Organizations ........................................ 10

0 Rights of Performing Artists ....................................................................... 7

0 Rights of Publishers ................................................................................... 11

LEGAL FRAMEWORK: Remedies for Infringement ........................... 12 1) Criminal Offences ......................................................................................... 12 2) Administrative Offences ............................................................................... 12

BORDER MEASURES ....................................................................................... 16


LEGAL FRAMEWORK:


LAW ON COPYRIGHTS AND RELATED RIGHTS

(“Off icial Gazette o f the Republic o f Macedonia” No. 47/96; 3/98)

1) Protected W o r k s

Section I Author’s work

Ar t ic le 3 A copyright work, in the sense o f th is L a w shall be an individual and intellectual work fi-om the f ie ld o f literature, science, art and others, regardless o f the type, concept and fo rm o f expression, unless otherwise prescribed by th i s Law. The fol lowing shall be considered as a work o f authorship:

- writ ten work such as literary work, essay, article, manual, brochure, scientific work, debate and the like; coniputer program such as literary work; spoken work such as addresses, sermons, lectures and the like; musical work including any accompanying words; drama work, musical and marionette plays; choreographic and pantonlime work f ixed on a tangible medium; photographs or any other works produces in a procedure similar to photography; cinematographic and other audiovisual works; work o f f i n e art, such as paintings, graphics, sculptures and the like;

work o f applied art and design; and work of cartography, plan, scheme, graphic, technical drawing, project, table, plastic work and other similar works f rom the f ie ld o f geography, topography, architecture or other scientific, educational, technical and artistic nature

- - - - - - - - - work o f architecture; - -

Ar t i c le 4 If the constituent parts o f a copyright work, as wel l as the t i t le o f it, are an individual intellectual work o n their own, they shall enjoy the same protection as the whole copyright work. I t shall no t be permitted to use a title o f a copyright work that has already been used for a work o f similar kind, if that title leads to ambiguity regarding the copyright work.

Ar t i c le 5 Pursuant to this Law, an idea, concept, discovery, as we l l as, an off icial text f rom the legislative, executive or judicial sphere aiid their translatioil when published as of f ic ia l text (hereafter: another work) shall not be considered as copyright works.

Ar t i c le 6 Modif icat ion of a copyright work, other work, literary fo lk work and fo lk art that i s considered as an individual and intellectual work shall be considered as an independent copyright work. I t shall not be permitted the author’s copyrights over the original work to be endangered by the modif icat ion o f the copyright work.

2

Ar t ic le 7 Collection o f copyright works, works o f fo lk literature aiid folk art, other works, or other materials such as encyclopedia, anthology, miscellany, databases, collection o f documents and other collection which, according to the selection, purpose or ai-raiigenient o f their contents, represent individual and intellectual creations, shall be an independent copyright work. The inclusion o f an original work in a collection shall i iot infringe the author’s rights over siich work. The inclusion o f another work or other material in a collection shall no t make that work or other material a copyright work.

Ar t i c le 8 Folk works shall be used in compliance with this Law.

2) Protect ion

Subsection 1 Geiz era1 Pro visions

Ar t ic le 13 Copyrights belong to the author o n the basis o f his iher creation o f tlie copyright work, regardless o f the fact whether it has been disclosed or not.

Ar t i c le 14 The copyrights are unique and inseparable f rom the copyriglit work that comprises exclusive personal aiid legal authorizations (liereafter: moral rights), property authorizations (hereafter: substantive rights) and other authorizations o f the author (liereafter: other rights).

M o r a l Rights

Subsectiorz 2 Moral Rights

Ar t ic le 15 Mora l rights shall protect the author regarding hisilier personal and intellectual relation with the work.

Ar t i c le 16 The author shall have a moral right: to decide whether, when and how the work shall be disclosed for tlie f i r s t time:

- -

to recognize the authorship o f hisiher work to decide whether hisilier authorship shall be stated and what designation to be used when disclosing the work to request during each use o f the work, h isher name, pseudonym or other designation to be stated in the usual manner to preserve the unity o f the work aiid to be against a l l attempts o f distortion, muti lat ion or alteration o f the work, or to object to any use o f hisilier work that would be harni h i s h e r personality, honor and reputation to alter tlie work, if that would not infringe the rights obtained by other persons, and to cancel the copyright o f the holder o f hisiher substantive right, pursuant to this Law.

-

-

-

-

3

Ar t ic le 17 The author shall have ai l exclusive r ight to waive the right o f a holder o f h i she r substantive r ight if s/he has real moral reasons and if s h e has previously reimbursed the damage to the holder wh ich conmieiiced due to t h i s procedure. The holder f rom paragraph l o f th is Art icle shall, w i th in three months fo l lowing the receipt o f the waiver in fo rm the author about t l ie amount o f damage that needs to be reimbursed. If the holder does not fulfill this obligation, the waiver shall become va l id inmediately after the expiration o f the terni. The substantive r ight o f the holder shall cease to be valid, by waiving the copyrights f rom paragraph 1 o f th is Ai-ticle, If the author wants to reassign the substantive r ight o f h idher work, s h e shall offer the assignment, f i rs t and under tlie same conditions to the holder f rom paragraph 1 o f this Article, in a period o f three years f rom the validity o f the right to waive it. Provisions f rom t h i s Art icle shall no t apply computer programs, audiovisual works, stage works and data bases.

Economic R igh ts

Subscctioii 3 Suhstantive Rights

Ar t ic le 18 Substantive rights shall protect the property interests o f the author. The use o f the copyright work shall be permitted if the author has assigned the substantive r ight in compliance with th i s L a w and the conditions determined by the author, unless otherwise provided by th i s Law.

Ar t i c le 19 The author shall have an exclusive substantive r ight to use his/her work and to approve or forbid the use o f tlie copyright work by other paities in particular for: reproduction, distribution, rent, publ ic perfomiaiice, publ ic transmission, public presentation, publ ic exhibition, broadcasting, rebroadcasting and modification. The author o f the original work shall have ai l exclusive r ight to use hidher work in a modif ied form, unless otherwise provided by th is law or a contract.

3) Dura t io i i of Copyr igh t

Section 5 Copyrights Duration

Ar t ic le 43 The copyrights shall last until tlie expiration o f teinis determined by th i s Law.

As a n exception f rom paragraph 1 o f t h i s Article, certain moral rights shall last even after the expiration o f the Copyrights, in compliance with th is Law.

Ar t i c le 44 The copyrights shall last for the lifetime o f the author and 70 years after hishier death, u n l e s s otherwise provided by th is Law.

Ar t i c le 45 Wlieii a copyright work lias been produced by more authors (co-authors), the duration f rom Art icle 44 o f th is L a w shall b e counted f l on i the death o f the last surviving co- author.

4

Ar t ic le 46 The copyrights o f anonymous or pseudonymous work shall last 70 years after the legal disclosure o f t l ie work. I f tlie pseudonym does no t provoke any ambiguity regarding the author’s identity, or if t l ie author reveals hisilier identity, in a period determined in paragraph 1 o f this Article, then the terni f rom Art icle 44 o f th is L a w shall be applied.

Ar t i c le 47 Copyrights o f audiovisual and collective works shall last 70 years after the legal disclosure o f the work.

Ar t i c le 48 When tlie te i i i i , according to this L a w shall not lui after the death o f the author or co- authors, and tlie work has not been legally disclosed in a period o f 70 years after i t s creation, the copyrights shall last 70 years after i t s creation.

Ar t i c le 51 The duration o f the protection o f copyrights determined by th is L a w shall be counted f rom January 1 o f tlie year fol lowing the event, which shall be a basis for calculation o f t l ie ternis.

Ar t i c le 52 The moral r ight for waiving f rom Article 17 o f t h i s L a w shall last for the l i fe o f the author The mora l rights for denoting the copyrights, preserving t l ie integrity o f tlie work, and objection to i t s mutilation f ro in Art icle 16, i t e m 3, 4 and 5 o f t h i s Law, shall last even after the expiration o f the ternis o f copyrights duration, determined by this Law.

4) Si tuat ion o f Fore ign Authors

Ar t i c le 171 Authors and holders o f related rights who are citizens o f the Republic o f Macedonia or liave their headquarter established in the Republic o f Macedonia shall enjoy protection, according to this Law. Foreign authors and holders o f related rights shall enjoy tlie saine protection as persons f rom paragraph 1 o f t h i s Article, if this i s provided by intemational agreement or t h i s Law, or where factual reciprocity exists. Regardless o f the other provisions f ro in Chapter VI11 o f this Law, w i th respect to the moral rights in a l l cases and w i th respect to t h e r ight o f resale royalties only where factual reciprocity exists. Reciprocity shall be proved by t l ie person who bases h is i l ier claini thereon.

Ar t i c le 172 Protection under t h i s Law shall be enjoyed by foreign authors:

- -

who are domiciled in the Republic o f Macedonia; o f works f i rst disclosed in the Republic o f Macedonia or disclosed in the Republic o f Macedonia wi th in 30 days o f having been f i r s t disclosed in another coulltiy; o f audiovisual works which producer has hidher headquarters or domicile in the Republic o f Macedonia. o f a work o f architecture or fine art as an iinniovable property or i t s integral pai-t located on tlie territory o f tlie Republic o f Macedonia.

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-

5

If the copyright work has been created by several authors, the protection according to this L a w shall be enjoyed by a l l o f them if at least one o f them meets one o f the coiiditioiis f rom paragraph 1 o f t h i s Article.

Ar t i c le 173 Protection under this L a w shall be enjoyed by foreign performers:

- - -

who have a domicile in the Republic o f Macedonia whose performances take place in the territory o f the Republic o f Macedonia whose perfoiiiiances have been recorded o n phonograms that enjoy protection under t h i s Law; and whose perfoiniances have been taken over in the programs o f broadcasting organizations, but with no intention o f being recorded o n phoiiograms, that enjoy protection under this Law.

If several perforniers take pai-t in the perforniance, protection under this L a w shall be protected by a l l o f them if at least one o f t h e m i s a citizen o f tlie Republic o f Macedonia, or lias a domicile in the Republic o f Macedonia.

-

Ar t i c le 174 Protection under th is L a w shall be enjoyed by foreign producers o f phonograms and film producers whose phonogram or videogram has been f i rs t recorded in the Republic o f Macedonia. A foreign publisher, shall enjoy protection according to t h i s L a w if tlie edition has been first published in the Republic o f Macedonia or published in the Republic o f Macedonia within 30 days o f having been f i rs t published in another country.

Ar t i c le 175 Protection according to th is L a w shall b e enjoyed by a foreign broadcasting organization that emits i t s broadcasts through transmitters o n the territory o f the Republic o f Macedonia.

Ar t i c le 176 The t i m e periods provided for protection o f rights according to this L a w shall apply to foreign holders o f related rights who enjoy protection under t h i s L a w and shall expire o n the day o n wh ich the protection expires in the country o f which they are citizens, or where their headquarters i s located, but not longer than the time periods determined by t h i s Law.

Ar t i c le 177 Protection uiider’this L a w shall be enjoyed by foreign author and foreign holder o f related r ight whose work, perfoiinance or object o f related right i s disclosed in the Republic o f Macedonia through a satellite, i f tlie appropriate program-carrying signals are entered into ai i unbroken conununication sequence to a satellite and back to the earth in the Republic o f Macedonia, are under the control o f the competent broadcaster. The protection according to this L a w shall also be enjoyed, regardless whether the condition f rom paragraph 1 o f th i s Art icle has been ful f i l led or not, if:

the receiving station which program-carrying signals are transmitted by, i s located in the Republic o f Macedonia; or the broadcaster that lias ordered the broadcast by satellite lias i t s headquarters in the Republic o f Macedonia.

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-

Ar t i c le 178 Authors and holders o f related rights wl io do no t have a Citizenship or whose citizenship cannot be determined - stateless persons, shall enjoy the sanie protection under th i s L a w as the citizens o f the Republic o f Macedonia if they have a domicile in the Republic o f Macedonia. Persons f rom paragraph 1 o f th i s Article, wl io do no t have a domicile in the Republic o f Macedonia or such cannot be determined, but have a necessary residence in the Republic o f Macedonia, shall enjoy the same protection as citizens o f the Republic o f Macedonia.

6

Persons f rom paragraph 1 o f this Aiticle, who have neither a domicile nor a necessary residence in the Republic o f Macedonia shall enjoy the same protection as citizens o f the State in which they have a domicile or a necessary residence. Tl ie provisions f rom t h i s A i t i c le shall apply equally to foreign authors and foreign holders o f related rights having the status o f refugees according to international agreements or the regulations o f the Republic o f Macedonia.

5) Related Rights

O General Provisions

Section I Geii.ernl Provisions

Ar t ic le 104 Pursuant to t h i s Law, related rights shall be the rights o f the artists-perfomiers o n their perfoiiiiaiices and the rights o f phonogram, filni and scene producers, broadcasting organizations and publishers (hereafter: producers) in tlieir phonogranis, videograms, stage works, broadcasts or editions (hereafter: objects o f related rights) determined by th is Law.

Ar t i c le 105 Provisions o f th i s L a w regarding the parts o f a copyright work, the contents and definitions o f substantive rights, tlie relations between copyrights and property rights, limitations o f substantive rights, calculation o f the copyrights duration and the assignment o f copyrights shall appropriately apply to tlie related rights, as well.

Ar t i c le 106 The implementation and protection o f related rights according to this L a w shall not affect the implementation and protection o f Copyrights.

Rights o f Per fo rming Art ists

Siibsection I Rights of Performers

Ar t ic le 107 Artists perfoimers(1iereafter: performers), pursuant to this L a w shall be : actors, puppet actors, singers, iiiusicians, dancers and otlier persons, who by acting, singing, dancing, declaim, reciting or in some otlier way pei forni author’s works or works o f folklore. According to this Law, directors o f theaû-ical performances, orchestra conductors, choir directors, sound editors and variety or circus artists shall b e considered as performers, as well.

Ar t i c le 108 Performers in ensembles or groups such as: meinbers o f an orchestra, a choir, dancing or theatrical ensemble or other type o f a group shall be obligated to authorize one o f the nieinbers as t l ie i r representative for issuing licenses necessary for the perfonnaiice.

Tl ie authorization f rom paragraph 1 o f this Article shall be given in a written fo rm and shall be effective if it i s granted by the majority o f the performers in the ensemble or group f rom paragraph 1 o f this Article. Tl ie provision froin paragraphs 1 and 2 o f this Article shall not apply to directors o f theatrical performances, conductors and soloists.

7

Article 109 Performers shall have an exclusive moral right to have their name, pseudonym or other designation denoted in a customary manner on the announcement o f the perfoimance and on every recording and packaging o f the recording o f that performance as follows:

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in a solo performance, the name o f the performer; and in a perfoiniance by an ensemble or group, the nanie o f the ensemble or group, o f the artistic director and soloist.

Article 110 Performers shall have an exclusive moral right to object to any distortion, muti lat ion or alteration o f their performance or any use o f their performance that could harm the i r persoiiality, lionor or reputation.

Article 111 Performers shall have exclusive substantive rights to use or authorize or prohibit appropriate use o f their perfoimance in particular for:

broadcasting o f t l ie perfoiniance, except where the performance i s a broadcast by i tsel f , or i t i s a broadcast f rom a recording; l i ve transmission through a loudspeaker, screen or a similar device, out o f the space or place o f performance; f ixat ion o f the l ive performance; reproduction o f a performance fixation on phonograms and videograms; reproductioii O f a performance f ixed on plionograms and videograms in any inaiiiier or forni; distribution o f phonogranis and videogranis containing the performance; rental o f phonograms or videograins containing the perfoimance.

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-

- - -

- -

In case when the performance is realized by a scenic producer, the performers’ rights shall be obtained by the scenic producer according to this Law, unless otherwise determined by a contract.

Article 112 The performer shall have a r ight on a share f rom the remuneration received by the phonogram producer for the disclosure o f a phonogram containing hidher performance.

Article 113 By concluding a phonogram or videograin production contract, i t shall be considered that the performer has assigned tlie phonogram or film producer the right 011 recording, reproduction, distribution and rent o f h isher performance, unless otherwise deteiinined by a contract. Regardless o f the contract f rom paragraph 1 o f this Article, tlie performer shall have the r ight o n appropriate remuneration f rom the phonogram producer and the filin producer for every rent. The performer may no t waive the right specified in paragraph 2 o f th is Art icle

Article 114 111 case when some o f the performers shall not complete his/lier contribution to the audiovisual work or i s unable to do so due to a vis major, dhe may not object to the use o f the part o f his/her contribution for the completion o f the work. The performer shall enjoy appropriate rights to such pai-t specified in this Law.

Article 115 In case when a performance i s realized by an employee in the execution o f his/her duties or upon an instruction o f an employer (performance in the course o f employment), the relations refei ied to the performance shall be regulated by an appropriate bargaining agreement or an employment contract.

Article 116 The rights o f t l ie performer shall subsist for 50 years f rom the day o f the perforniance. I f t l ie performance recording i s legally disclosed during that period, the rights o f the performer shall subsist for 50 years f rom its first disclosure.

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Riglits of Producers o f Phonograms

Subsection 2 Rights of Pliorzogrnm Producers

Ar t ic le 117 A phoiiograni producer, in compliance with th is Law, shall be a natural person or a legal entity tliat undertakes an initiative and responsibility for the f i rst recording o f tlie sounds o f a performance or other sounds.

Ar t i c le 118 Tlie plioiiograiii producer sliall have exclusive substantive rights to use or to authorize or prohibit the use o f h isher plioiiograms for: reproduction, modification, distribution and rental.

Ar t i c le 119 In case when a phonogram published for conmiercial purposes or its reproduction i s used directly for broadcasting or any other type o f disclosure, the user shall be obligated to pay t l ie plionograin producer an appropriate single remuneratioii for each use. T l ie plioiiograiii producer shall be obligated to pay ha l f o f the remuneratioii f ro in paragraph l o f th i s Art icle to t l ie perfomier o f t l ie phonogram, unless otherwise determined by a contract.

Ar t i c le 120 Tlie rights o f a phonogram producer shall subsist for 50 years f rom the day o f recording. If the phonogram lias been legally disclosed during t h i s period, tlie riglits o f the producer shall subsist for 50 years froin i t s f i r s t disclosure.

Rights of Film Producers

Subsection 3 Rights of Film Producers

Ar t ic le 121 The film producer f ro in Art icle 90 o f this Law shall have exclusive substantive riglits to use or to autliorize or prohibit publication o f videograins o f l i is/her audiovisual work.

A r t i c l e 122 T h e film producer shall have exclusive r ight o n reproduction, distribution, rental and public presentation o f hisAier videograms.

Ar t i c le 123 T l ie riglits o f tlie filin producer shall subsist for 50 years form the day o f completion o f tlie fixation. I f tlie ideogram has been legally disclosed during that period, the rights o f the film producer shall subsist for 50 years f rom t l ie f i i s t disclosure.

Rights o f Scenic Producers

Subsection 4 Rights of Scenic Producers

Ar t ic le 124 A scenic producer, iii coiiipliaiice w i th th is Law, sliall be a natural person or legal entity that in l i i sher o w n name organizes the preparation aiid perfoimance o f a stage work.

9

Ar t ic le 125 T h e scenic producer, unless otherwise determined by a contract, shall have exclusive substantive r ight to u s e or authorize or prohibit the use o f the stage work from:

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broadcasting o f the stage work; traiismissioii o f tlie stage work through a loudspeaker, screen or similar device out o f the space or place o f perfoimance; recording o f a l ive performance o f the stage work; modif icat ion o f a phonogram or videogram recording;

videogranis; distribution o f phoiiograins and videograms o f the stage work; and rent o f phoiiograins and videograms containing the stage work.

- - - reproduction o f the recording o f the stage work on a plionograms or

- -

Ar t i c le 126 The scenic producer shall have the right o n a share f ro in the remuneration received by the phonogram producer for the disclosure o f the phonograin containing the stage work.

Ar t i c le 127 By coiicluding a phonogram or videogram production contract, it shall be considered that the sceiie producer lias assigned to the phonogram producer or the film producer the r ight on fixation, reproduction, distribution and rental o f h i s k e r work, unless otherwise determined by a contract. Regardless o f the contract f rom paragraph l o f th is Article, t l ie scene producer shall have the right to an appropriate remuneration f rom the phonogram producer o r the film producer for every rental. The sceiie producer may no t waive the right specified in paragraph 2 o f t h i s Article.

Ar t i c le 128 The rights o f t l ie scene producer shall subsist for 20 years f rom the day o f the f i rs t publ ic performance o f îhe stage work.

0 Rights o f Radio and Television Organizations

Subsection 5 Rights 0 f Broadcasting Orgnizizatioras

Ar t ic le 129 A broadcasting organization shall have exclusive substantive rights to use or to authorize or prohibit the use o f i t s broadcasts for: - i-e-broadcasting, including secondary broadcasting and broadcasting through

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- recordings - reproduction o f the recordings; - distribution o f the fixations; - -

satellite; disclosure at public places w i th a payment o f admission charge; cable distribution (simultaneous or secondaiy); traiismissioii on individual demand o f individual subscribers aiid publ ic access to broadcasts’ recordings entered into on-line computer databases;

photography, repsoduction and distribution o f the photographs; distribution of program signals transmitted through conmiunicatioii satellites to other broadcasters, cable and other distributors; and i i i iport and distribution of broadcasted recordings or their reproduction in a state where protection o f the rights o f broadcasting organization i s no t provided.

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Ar t i c le 130 The rights o f broadcasting organizations shall subsist for 50 years f rom the day o f the f i r s t broadcast.

10

Rights of Publishers

Subsection 6 Riglzts of Publislzers

Article 131 A natural person or a legal entity that legally publishes a copyright work in a book fo rm (hereafter: publisher) shall have exclusive r ight on hishier edition according to th i s Law.

Article 132 A publisher who shall for the f i rs t time legally publish a previously unpublished work for which the copyrights lias expired shall enjoy protectioii equal to the economic rights and other author’s rights specified in th i s Law.

Article 133 A publisher who shall publish a previously published critics or a scientific work for which the copyrights has expired, shall enjoy protection equal to the substantive rights and other rights determined by t h i s Law.

Article 134 The rights o f Art icle 13 1, paragraph 2, Articles 132 and 133 o f th is L a w shall subsist for 25 years f rom the legal publication o f the work.

11


1) Criininal Offences

REPUBLIC OF MACEDONIA CRIMINAL CODE

Enacted: 23 July 1996 Came into effect: 1 November 1996

Violation of an author's right and related rights Article 157 (1) A persoii who iii h i s ow i i iiaiiie or in the naiiie o f another Unauthorized publishes, shows, reproduces, dishibutes, performs, transmits or in some other way unauthorized encroaches upon tlie author's r ight or some related right o f another, respectively author's work, perfoiniaiice, or object o f related right, shall be punished with a fine, or with iinpi-isoimient o f up to oiie year. (2) A persoii who attained a larger property gain f rom tlie crime f rom item 1 shall be punished with a f i i i e or w i th iniprisomnent o f up to three years. (3) A persoii who attained a significant property gain f rom the crime f i o m i tem 1 shall be puiiislied w i th iiiiprisonnient o f three months to f ive years. (4) The attempt i s punishable. (5) The copies o f the author's work, tlie objects o f the related right, aiid the means for the i r reproduction shall be confiscated. (6) If the violatioii was coiimiitted by a legal entity, the responsible person in the legal entity shall be punished. (7) The prosecutioii for violation o f a moral r ight i s undertaken upon a private suit.

2) Administrative Offences

LAW ON COPYRIGHTS AND RELATED RIGHTS ("Off icial Gazette o f tlie Republic o f Macedoiiia" No. 47/96; 3/98)

Sectioiz 1 General Provisions

Article 156 A person, whose rights under this L a w have been infringed, i i iay demand protection o f hisiher rights aiid clai in compeiisation, unless otherwise determined by this Law. The r ight holder may also deinand protection f rom paragraph 1 o f this Article, when there i s a serious threat o f infringement o f the rights according to th i s Law.

Article 157 When there are several r ight holders f ro in t h i s Law, each o f them ii iay demand protectioii o f the r ight in i t s entirety. When there are several infringers o f a right, pursuant to th i s Law, each o f them shall be coiisideïed as respoiisible for the infringement iii i t s entirety.

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Ar t ic le 158 A person shall be considered to be infr inging the exclusive rights, according to t h i s Law, when s h e manufactures, imports, possesses for commercial purposes, distributes, ren ts or in other way uses any devices:

whose sole or ma in purpose i s unauthorized removal or damage o f technical equipment or computer program that i s used as legal protection against unauthorized use; and that makes possible or assists, without authorization, the public to receive encoded broadcasting program-carrying signals.

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Section 2 Judicial Protection

Ar t ic le 159 If the rights f rom th i s L a w have been infringed, the right holder may demand:

- to have the infringer prohibited in preparations for the infringement, the infringement i t s e l f and future infringements; to have the infringer eliminate tlie situation caused by the infringement; to have unlawful copies and their packaging or the perfoimance and other objects o f protection according to t h i s Law, destroyed or altered; to have the master copies, negatives, plates, molds or other devices that have been instrumental in the infringement destroyed or altered to have the judgement published in the public media at the expense o f the infringer, to such an extent and in such a inaimer as deteiniined by the court.

The provisions f rom paragraph 1, itenis 1 and 2 f rom t h i s Article shall not apply to architectural structures, if the destruction or alteration o f the structure i s just i f ied by the circumstances o f tlie case. Instead o f demands, the r ight holder may demand that the infiinger or owner covey to hindher copies or the devices pursuant to pxagrapl i 1, i t e m 3 and 4 f rom t h i s Article.

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Ar t i c le 160 I f a substantive, other or related right according to this Law has been infringed either intentioilally or due to complete negligence, the r ight holder may demand in c iv i l proceedings payment o f the agreed or customary reinuneration for such use, increased by 200%, regardless o f whether h e lias suffered actual pecuniary damage as a result o f the infringement (c iv i l penalty). When deciding o n the claim for payment o f penalty f rom paragraph 1 o f th is Art icle and determining the amount thereof, the court shall take into account a l l the circumstances if the case, and in particular the degree o f culpability o f the infringer, the amount of agreed or custoinaiy remuneration, as we l l as the preventive purpose o f the penalty. I f the pecuniary damage exceeds tlie amouiit o f penalty, the right holder shall be entitled to c la im the difference up to the full amount o f the full compensation.

Ar t i c le 161 111 case o f infringement o f a moral right and in absence o f pecuniary damage, the court may award ail author or performer equitable monetaiy compensation for the infringement o f h i s personality, honor and reputation, or non-pecuniary damage, if it finds that the circumstances o f the case, and especially the degree o f damage and i t s duration, justify th i s .

A r t i c le 162 If the rights holder reports that h i s exclusive r igl i t under this Law lias been infringed, the court may, o n the holder’s proposal, determine provisional measures to secure claims according to th is Law, and in particular:

to seize, remove from circulation and reserve copies, devices, equipment and relevant documents; to prohibit activities o f eventual infringement or the i r continuance; to adopt other similar measures.

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If there i s a grounded suspicion that protection f rom paragraph 1 o f th i s Art icle may no t be realized later, the court may pronounce and execute such measures without pr ior notification and hearing o f tlie adverse party. The procedure for provisional measures shall be urgent. The regulations for executive procedure shall be applied in the procedure for adoption o f provisional measures, unless otherwise determined by th i s Law.

A r t i c l e 163 If tlie right holder reports that h i s exclusive right under this L a w lias been infringed and that there i s a we l l found suspicion o f destroying the infringement’s evidence or impossibility to secure such an evidence later, the court may, o n the holder’s proposal, secure such evidence without pr ior notification and a hearing o f die adverse party. Tlie securing o f evidence f rom paragraph 1 o f this Art icle may include search or inspectioil o f premises, documentation, inventories, databases, computer p r o g r a m and other sources, the examination and seizure o f documents, t l ie hearing o f witnesses, findings and statements by experts. Tl ie decision which proposal for securing evidence has been accepted with, together with t l ie proposal, sliall be delivered o n the adverse party at t l ie time o f the actual securing o f evidence or, if it i s not possible, when it becomes possible. A plea against a decision shall not suspend the decision. The procedure for securing o f evidence shall be an urgent matter. Tl ie regulations for c i v i l t r ia l procedure shall be applied in tlie procedure for securing evidence, unless otherwise determined by this Law.

Section 4 Penrrlty Provisions

Ar t ic le 168 A fine in t l ie amount between 34,000,000 and 300.000,000 denars foi- misdemeanor shall be imposed on any legal entity which:

without assignment of an appropriate substantive right by the author, in cases when such assignment i s required by tlie author, in cases when such assignment i s required according to this Law, reproduces, distributes, publishes, rents, publ ic ly performs, transmits to the public, presents to the public, publ icly exhibits, broadcasts, rebroadcast, modify or audiovisually adopts a work o r copies o f a work or iii another way without authorization uses a copyright work (Article 19); without mentioning the source and origin, by distortion or in any other way, indecently uses a work o f fo lk literature and fo lk art (paragraph 2 Art icle 42); without mentioning the name, pseudonym or other designation o f the author, o r by disturbing the integrity o f the work or distorting i t or by another use o f the work in a way that may damage the personality, honor and reputation o f the author, uses a work, tlie protection o f which copyright has expired (Article 52 regarding Art icle 16, items 4 and 5); does no t keep appropriate accounts or other documentation o f the prof i t gained in case where the remuneration has been agreed or determined depending o n tlie prof i t gained, 01- does not submit reports o f the profits gained to the holder o f copyright (Article 70);

- distributes a copy o f a coinputer program or possesses for commercial purposes, a

- copy o f a coinputer program which i s or can be presumed to be an unauthorized copy (Article 102);

- without assignment o f an appropriate exclusive r ight f rom the holder o f a related r ight (performer or producer), where such assignment i s required by th i s Law, publ ic ly perfornis, reproduces, distributed or rents recordings o f a performance, stage work, phonogranis, videograms or editions (Articles 108, 111, 118, 122, 125, 131, 132ai id 133);

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- without assignment o f an appropriate exclusive rights by a broadcasting organization, where such assignment i s required by th i s Law, records, reproduces, distributes recordings o f a prograni or in another way uses recordings (Article 129); refuses collective administration o f tlie copyrights and related rights where this i s repes ted by the holder o f copyrights or related rights (Article 150); fails to give information o n the collective administration o f copyrights and related rights when such infomiation i s requested by the holders o f rights or fails to coiiclude a contract for t l ie assignment o f non-exclusive rights (paragraph 1 and 2 Art icle 151); manufactures, imports, possesses for conmercial puiposes, distributes, rents or iii another way uses any kind o f means that enable or facilitate the public to receipt encoded radio or television program-cariying signals without authorization (Article 158, item2).

A f i ne to the amount between 1.700,OO and 50.000,OO denars shall b e imposed in the institutional legal representative o f a legal entity and self-employed individual for a misdemeanor fi-oin paragraph 1 o f this Article. A f i ne to tlie aniount between 1.000,OO and 50.000,OO denars shall be imposed o n a natural person for a misdemeanor f rom paragraph 1 o f t h i s Article. For the misdemeanor f ro in paragraph 1 o f t l i i s Article, a legal entity or a self-employed individual sliall b e pronounced a provisional measure - prohibition o n conducting h i s h e r activities within a t ime period o f t h e e months to one year, and the appropriate association shall be revoked o f i t s license for collective administration o f the copyrights and related rights and a provisional measure - seizure o f the copies o f a copyright work f rom i t em 1, the copies o f a computer prograni f rom i tem 5 , the perforinance or stage work recordiiigs, as we l l as tlie phonograms and videograms from i tem 6, the program recordings f rom i t e m 7, as we l l as the means from items 10 and 11 o f t h i s Article. For the misdemeanor f rom paragraph 1 o f t h i s Article a provisional measure - seizure o f objects f rom paragraph 4 o f th is Art icle shall be imposed on a natural person who coinni ts a misdemeanor f rom paragraph 1 o f th is Article.

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Article 169 A fine for misdemeanor to the amount between 34.000,OO and 150.000,OO deiiars shall be imposed o n a legal entity which:

does not enable the author to inspect the public perforinance o f tlie work or does not provide adequate technical conditions for the performance (Ait icle 81); does not submit a list or information on works used to the competent association within the determined time limit (Article 152, paragraphs 1 and 3); does not submit infoiniation o n the sale o f original works o f fuie art and manuscripts o f literary and musical works, about the vendor o f originals and manuscripts to the competent association wi th in the deteimined time limit (Ai t ic le 152, paragraph 4);

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A fine in the amount between 1.700,OO and 34.000,OO deiiars shall be imposed o n the institutional legal representative o f a legal entity and a self-employed individual who commits a misdemeanor f rom paragraph 1 o f th is Article. A f ine in tlie amount between 1.000,OO and 33.000,OO deiiars shall be imposed o n a natural person who commits a misdemeanor from paragraph 1 o f th is Article. A legal entity or self-employed individual who conmiits a misdemeanor f rom paragraph 1 o f t h i s Article, shall be pronounced a provisional measure - prohibition o n conducting l i i s iher activities within a time period o f three months to one year.

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BORDER MEASURES

Article 165 If the r ight holder reports that his exclusive riglit according to this Law lias been infr inged by the importation o f certain goods in the state, the custonis authorities iiiay, 011 h i s demand detemiiiie the fol lowing customs measures:

- t l ie right holder or h i s agent to inspect the goods; and - the goods to be seized, removed f rom circulation, or stored in a secure place.

Together with tlie demand fi-om paragraph 1 o f t h i s Article, the r ight holder shall be obligated to deliver tlie customs authorities a detailed description o f the goods, necessary evidence o f his exclusive rights and their presumable infringement.

O n the customs authorities’ order, the right holder shall be obligated to provide a security against damage that may be caused by such measures.

The customs authorities shall be obligated to not i fy the importer and the recipient o f the goods immediately about the adopted measures. The customs authorities shall rescind the adopted measures if the r ight holder does no t f i le a suit or initiate some other proceedings for executing the measures adopted within ten days.

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The Foriiier Yugoslav Republic o f Macedonia i s a inember o f WIPO since September 8, 1991.


Notif icat ion o f succession by tlie Foriner Yugoslav Republic o f Macedonia 011 April 30, 1997.

2) BERNE CONVENTION for the Protection ofLiterary and Artistic Works

Pai-ty of the Treaty since September 8, 199 1.


Party o f the Treaty siiice Febiuary 4,2004.

4) ROME CONVENTION for the Protection o f Performers, Producers of Phonograins and Broadcasting Organizations

Party o f tlie Convention since March 2, 1998.


The Former Yugoslav Republic of Macedonia i s not yet Party o f the Treaty.

6) GENEVA CONVENTION for the Protection o f Producers o f Phonograms against .Unauthorized Duplication o f their Phonograms

Accession by to the Foriner Yugoslav Republic o f Macedoiiia Coiivention on March 2, 1998.


The Foriner Yugoslav Republic o f Macedoilia lias been a ineinber o f WTO since April 4, 2003.

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ROMANIA


ROMANIA

TABLE OF CONTENTS


0 Mora l Rights ................................................................................................. 3 0 Economic Rights .......................................................................................... 3

3) Duration Copyright ........................................................................................... 5 4) Situation of Foreign Authors ............................................................................ 6 5) Related Rights .................................................................................................... 7

0 Rights of Performing Artists ....................................................................... 7 0 General Provisions ....................................................................................... 7

0 Rights of Producers of Phonograms ........................................................... 9 0 Rights of Television and Radio television Organizations ....................... 10

LEGAL FRAMEWORK: Remedies for Infringement ........................... 12 1) Criminal Offences ........................................................................................... 12 2) Administrative Offences ................................................................................. 13

BORDER MEASURES ....................................................................................... 14


LEGAL FRAMEWORK:


Law on Copyr igh t and Neighbor ing Rights* (No. 8 o f M a r c h 14,1996)

1) Protected W o r k s

Chapter III Subject M a t t e r of Copyr igh t Ar t i c le 7. The subject matter o f copyright shall be original works o f intellectual creation in the literary, ai-tistic, or scientific field, regardless o f the i r manner o f creation, specific f o rm or iiiode o f expression and independently o f the i r m e r i t and puiTose, such as:

(a) literary and journalistic writings, lectures, serinoiis, pleadings, addresses and any other written or oral works, and also computer programs;

(b) scientific works, written or oral, such as presentations, stndies, university textbooks, school textbooks and scientific projects and documentation;

( c ) musical compositioiis w i th or without words; (ci) dramatic aiid dramatico-musical works, choreographic and mimed works; (e) cinematographic works and any other audiovisual works; (f) photographic works and any other works expressed by a process analogous to

photography ; ( g ) works o f three-dimensional ai-t such as: works o f sculpture, painting, drawing,

eiigraviiig, lithography, monumental art, stage design, tapestry, ceramics, glass aiid nietal shaping, and also works o f art applied to products intended for practical use;

(11) works o f architecture, including sketches, scale models and t l ie graphic work that constitutes an architectural project;

( i) three-dimensional works, maps and drawings in the f ie ld o f topography, geography and science in general.

Ar t i c le 8. Without prejudice to the rights o f tlie authors o f the original work, copyright shall likewise subs is t in derived works created o n the basis o f one or niore pre-existing works, namely:

(a) translations, adaptations, annotations, documentary works, arrangements o f music and any other traiisfoimation o f a literaiy, ai-tistic or scientific work that themselves entail creative intellectual effort;

(1,) collections o f literary, artistic or scientific works, such as encyclopaedias, anthologies and collections and compilations o f protected or unprotected material or data, including databases, which, by reason o f the selection or arraiigeiiient o f their subject matter constitute intellectual creations.

Ar t i c le 9. (a) The fol lowing shall not benefit f r om tlie legal protection accorded to copyright: (a) tlie ideas, theories, concepts, discoveries and inventions contained in a work,

whatever the manner o f tlie adoption, writing, explanation or expression thereof;

(b) off icial texts o f a political, legislative, adiiiiiiistrative or judicial nature, and official translations thereof;

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(c) off icial symbols o f the State, publ ic authorities and organizations, such as armorial bearings, seals, flags, emblems. shields, badges and medals;

(d) ineaiis o f payment; (e) news and press information; (f) simple facts aiid data.

2) Protection

M o r a l Rights

Ar t i c le 10. The author o f a work shall have the fol lowing moral rights:

(a) to decide whether, how and when the work wil l be disclosed to the public; (b) to demand recognition o f h i s authorship o f the work; (c) to decide under what naine the work wil l be disclosed to the public; (d) to demand respect for the integrity o f the work and to oppose any modification

01- any distortion o f the work i f i t i s prejudicial to h i s honor or reputation; (e) to withdraw the work, subject to indeinnification o f any owners o f exploitation

rights who might be prejudiced by the exercise o f the said withdrawal right.

Ar t i c le 11. (1) The moral rights may no t b e renounced or disposed of. (2) After t h e author’s death, the exercise o f the rights provided for in Art icle 10(b) and (d) shall b e transferred by inheritance, in accordance w i th c iv i l legislation, for an unl imited period. If there are no heirs, the exercise o f the said rights shall revei-t to the Romaniail Copyright Office.

Economic Rights

Ar t i c le 12. The author o f a work shall have the exclusive economic r ight to decide whether, how, and when h i s work i s to be used or exploited, including the r ight to authorize the use o f the work by others.

Ar t i c le l3 . The use 01- exploitation o f a work gives the author distinct and exclusive rights to authorize:

(a) complete or partial reproduction o f the work; (b) dissemination o f the work; (c) importation, for marketing o n the territory o f Roinania, o f copies o f the work

made with the author’s consent; (d) presentation on stage, recitation, or any other for in o f performance or direct

presentation o f the work in public; (e) publ ic exhibition o f works o f three-dimensional and applied art, photographic

works and works o f architecture; (0 public showing o f cinematographic and o f other audiovisual works; ( g ) broadcastiiig o f a work by any means o f wireless ti-ansnlission o f signals,

sounds or images, including by satellite; (11) transmission o f a work to the public by wire, cable, optic fiber or any other

means; ( i ) coinniunication to the public by means o f sound and audiovisual recordings; (1) the simultaneous, complete retransmission o f a work, without alteration, by

any o f the means mentioned in paragraphs (g) and (h) by a broadcasting organization other than that with which the broadcast or televised work originated;

(k) secondary dissemination; (I) presentation in a public place, by any ineaiis, o f a broadcast or televised work;

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(ni) public access to coniputer databases where those databases contain or constiîute protected woi-ks

Ar t i c le 14. (I) For the puiyoses o f th is Law, reproduction means tlie making o f one or more copies o f a work in any material foin& including the making o f an audiovisual recording o f the work, and also i t s perinanent or temporary storage by electronic means. (2) For t l ie purposes o f t h i s Law, dissemination means the distribution to the public o f the original or copies of a work by sale, rental, lending, 01- by any other means o f disposal, either for a consideration or free o f charge. (3) Distr ibution to the public by tlie lending o f a work free o f charge shall no t be considered circulation where i t i s made through the agency o f publ ic libraries.

Ar t i c le 15. (1) Tl ie use or exploitatioii o f a work in any o f tlie ways mentioned in Art icle 13(d) and (e) as we l l as iii any other similar manner shall constitute coinmunication to the public. (2) The coimiunication of a work shall be considered public if i t i s niade in a place open to tlie publ ic or in any place in which a nuniber o f people gather who are more than tlie normal circle o f fami ly members or acquaintances, regardless o f whether or no t the persons constituting that publ ic capable o f receiving the said conmiunication are able to do so in the sanie place or in different places, or at the same t ime or at different times. (3) The redistribution o f copies o f a work shall not require tlie copyriglit owner’s

authorization, except in the case o f the lending or iniportatioii thereof.

Ar t i c le 16. Tlie author o f a work shall have the exclusive economic right to authorize the translation, publication in collections, adaptation and any other transformation o f h i s work by wh ich a derived work i s obtained.

Ar t i c le 17. (1) The author of a literary o r artistic work shall enjoy the exclusive r ight to authorize the renting o f t l i e originals and copies o f h i s works, including audiovisual works, works included in a sound recording, a computer prograin or a work that may be used by a computer o r any other technical device, even after the distribution thereof with the author’s consent. (2) The r ight to authorize the rental o f a work consists in the author’s exclusive right to make the original or copies o f tlie work available for use for a l imited period in exchange for a direct or indirect economic advantage.

Ar t i c le 18. (1) Public lending consists in making the original or a copy o f a work available to a person for use free o f charge, for a set period o f time, through t l ie agency of an institution that allows the public access to it for that purpose. Public lending shall no t require pr ior authorization by the author. (2) Public lending shall entitle tlie owner of the copyright to equitable reniuneration. (3) The provisioiis o f paragraph (2) shall no t apply to:

(a) origiiials or copies o f writ ten works in public libraries; (b) projects for architectural structures; (c) originals or copies of art works applied to products intended for practical use; (d) originals or copies o f works for conmiunication to the public, or for the use o f

wh ich there i s a contract; (e) reference works for immediate use or fo r lending between institutions; (I) works created by the author within the framework o f his individual contract o f

eiiiploynient, if they are used by tlie author’s employer as part o f the latter’s usual activity.

(4) The provisions of paragraph (2) shall not apply in tlie case o f public lending for educational or cultural uses through institutions recognized by law or created for the pulp o s e by the authorities.

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( 5 ) The public lending o f works incorporated in sound or audiovisual recordings shall take place only after s i x months have elapsed since tlie f i rs t dissemination o f the work and not earlier.

Ar t i c le 19. The right o f communication to t l ie public by means o f souid or audiovisual recordings consists in the author’s exclusive r ight to authorize t l ie conmiunication to the public o f readings, musical or stage performances or any other fo rm in which l i i s work may be iiicoi-porated in a sound or audiovisual recording.

Ar t i c le 20. The right o f secondary distribution consists in the author’s exclusive r ight to authorize tlie coinniunication o f l i i s work to the public, after the f i rs t dissemination thereof, by any o f the nieails mentioned in Article 13(g), (h), (i), ci), and (1).

Ar t i c le 21. (1) Each t i m e that a work o f three-dimensional art i s sold at public auction or through an agent, or by a dealer, the author shall be entitled to c la im f ive per cent o f the selling price and also to be informed o f tlie work’s whereabouts. (2) The auctioneers, agents and dealers involved in t l ie sale shall convey tlie information referred to in paragraph (1) o f this Art icle to the author within two months o f tlie day o f sale. They shall also be responsible foi- withholding f ive per cent f rom t l ie selling price aiid for paying the corresponding sum to the author. (3) Tlie ïiglits under th is Art icle constitute the resale royalty right and may not be reiiouiiced or disposed of.

Ar t i c le 22. Tlie owner or possessor o f a work i s obliged to allow the autlior access to it and place i t at h i s disposal where necessary for the exercise o f l i i s copyright, provided that the owner or possessor’s legitimate interests are not thereby prejudiced. Tl ie owner or possessor may in such a case claim a sufficient guarantee f rom tlie author for the security o f tlie work, and also t l ie insurance thereof for an aniount representing the mai-liet value o f the original, and adequate remuneration.

A r t i c l e 23. (1) The owner o f the original o f a work shall not have the r ight to destroy it before having offered it to the author at the cost price o f the material. (2) Where t l ie retwrn o f the original i s not possible, the owner shall al low the author to make a copy o f the work in an appropriate manner. (3) ln the case o f an architectural structure, t l ie autlior shall have t l ie r ight only to take photographs o f the work and to request the return o f reproductions o f the projects.

3) D u r a t i o n Copyr igh t

Chapter V D u r a t i o n o f Copyr igh t Protection Ar t i c le 24. (1) The copyright in a literary, artistic or scientific work shall come into being at the time o f the work’s creation, regardless o f the specific form or manner o f expression thereof. (2) If [lie work i s created over a period o f t i m e in instalments, episodes, volunies or any otliei. f o rm o f sequence, t l ie te i in o f protection shall be calculated according to paragraph (I) for each such element.

Ar t i c le 25. (1) Tlie econoniic rights provided for in Articles 13, 16, 17, 18 aid 21 shall last for the author’s lifetime, and after h is death shall be transferred by inlieritance, according to c i v i l legislation, for a period o f 70 years, regardless o f tlie date on which the work was legally disclosed to the public. If there are no heirs, the exercise o f these rights shall

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devolve upoi i tlie collective administration orgaiiizatioii mandated by t l ie author during h i s l i fet ime or, fai l ing a niandate, to the collective admiiiistratioii organization with the largest membership in the area o f creation concerned. (2) The person who, after tlie copyright protectioii has expired, legally discloses a previously unpublished work to the public shall enjoy protection equivalent to that o f the author’s economic rights. Tl ie duration o f the protection o f those rights shall be 25 years, starting at the t i m e o f the first legal disclosure to the public.

Article 26. (1) The term o f the economic rights in works disclosed to the public under a pseudonym or without a mention o f the author’s naine shall be 70 years f rom the date o n which they were disclosed to the public. (2) Where the author’s identity i s revealed to tlie publ ic before the term mentioned in paragraph (I) expires, the provisions o f Ai-ticle 25 (I) sliall apply.

Article 27. (I) The t e r m o f t l ie economic rights in works o f jo int authorship shall be 70 years f rom tlie death o f the last surviving co-author. (2) Where the contributions o f the Co-authors are distinct, the term o f the economic rights in each such contribution shall be 70 years f rom tlie death o f the author thereof.

Article 28. The term o f the economic rights in collective works shall b e 70 years f rom the date o f disclosure o f tlie works. Where disclosure does not occur for 70 years fo l lowing the creation o f the works, tlie term o f tlie economic rights shall expire 70 years after tlie said creation.

Article 29. The te r i i i o f the economic rights in works o f applied art shall be 25 years f rom the creation thereof.

Article 30. The economic rights in computer programs shall last for the lifetime o f the author thereof and after h i s death shall be transferred by inheritance, according to c i v i l legislation, for a period o f 50 years.

Article 31. Non-essential modifications, additions, cuttings or adaptations made w i th a v iew to selection or arrangement, and also corrections to tlie content o f a work or collection, that are necessary for tlie continuation o f the collection iii the manner intended by the author o f the work shall no t extend the term o f protection o f the said work or collection.

Article 32. Tlie terms established in the present Chapter shall b e calculated f rom the f i rs t o f January o f t l i e year fo l lowi i ig the author’s death or tlie date o n wh ich the work was disclosed to the public, as the case may be.

4) Situation of Foreign Authors

Article 146. T l ie provisions of t h i s L a w shall apply in any o f the fo l lowing situations: A. to works:

(a) where they have not yet been disclosed to the public, and the i r authors are Romanian citizens;

(b) where they have not yet been disclosed to t l ie publ ic and their authors are natural persons or legal entities with theii- domici le or headquarters in Romania;

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(c) where they have been disclosed to the public for the f i rs t time in Romania, or in another country and siiiiultaneously, or not later than 30 days thereafter, in Roinania;

(d) where they are works o f architecture built on the territory o f Romania;

(a) where they take place on the territoiy o f Romania; (13) where they are f ixed in sound recordings, protected under this Law; (c) wliere they are no t fixed in sound recordings but are transniitted in television

or radio broadcasts protected under this Law;

(a) where the producers thereof are natural persons 01- legal entities with their domicile or headquarters in Romania;

(13) where they were first f ixed o n a physical medium iii Romania; (a) (c)where they were f i rs t disclosed to the publ ic in Roinania, or in another

country and siniultaneously, or not later than 30 days thereafter, in Romania;

(a) where they are broadcast by television and radio broadcasting organizations w i th headquarters in Romania;

(b) where they are transmitted by transmitting organizations with headquarters in Roinania.

B. to perfoiiiiaiices o f perfoimers:

C. to sound recordings:

D. to radio and television programs:

Ar t i c le 147. Foreigner owners o f copyright or neighboring rights shall enjoy the protection provided by international conventions, treaties and agreements to which Romania i s party, fai l ing which they shall enjoy treatment equal to that accorded to Romanian citizens, on condition that tlie latter, in turn. are accorded national treatment in the countries coiicei-lied.

5) Related Rights

O Gei ier a l Provisions

Ar t i c le 92. (1) Neighboring rights shall not prejudice the rights o f authors. N o provision o f th is T i t l e shall be intei-preted in such a way as to limit the exercise o f copyright, (2) Economic rights recognized in accordance w i th th is Chapter may be transferred, either in t l ie i i - entirety or in part, according to the provisions o f ordinary legislation. Economic rights may b e the subject o f exclusive or non-exclusive assignmeiits.

Ar t i c le 93. For the purposes o f t h i s Law, f ix ing i s t he embodiment o f codes, sounds, images or sounds and images, or digital representations thereof, o n any physical, even electronic medium that allows thein to be perceived, reproduced or coimiituiicated in any way.

Ar t i c le 94. Recognition and protection as owners o f neighboring rights shall be accorded to perfoi-mers in respect o f their own performances, to producers o f sound recordings in respect o f their own recordings and to radio and television broadcasting organizations in respect o f their o w n broadcasts.

0 Rights of Per fo rming A r t i s t s

Chapter II The Rights of Performers Ar t i c le 95. For t l ie purposes o f th is Law, performers are actors, singers, musicians, dancers and other persons who present, sing, dance, recite, declaim, act, interpret, direct, conduct or

7

in any other way execute a literary or artistic work, a perforniance o f any kind, including performances o f folklore, variety or circus perforniances or puppet shows.

Ar t i c le 96. The performer shall have the followiiig moral rights:

( a ) tlie r ig l i t to demand recognition o f the a~itliorsliip o f l i i s o w n performance; (b) the right to demand that h i s naine or pseudonym be mentioned or

coiimiunicated at each perfomiaiice and oil each use o f a recording thereof; (c) the r ight to demand respect for tlie quality o f h i s rendering and to oppose any

distortion, falsification or other substantial inodif icat ioi i o f h i s performance or any iiifrii igeinent of h i s rights that might seriously prejudice l i i s honor or reputation;

(d) t l ie r ight to object to any u s e o f h is performance where sucli use might do him serious personal l iaim.

Ar t i c le 97. (1) The rights provided for in Art icle 96 may not be the subject o f renunciation or alienation. (2) After the performer’s death, the exercise o f tlie rights provided for in Art icle 96 shall be ti-ansferred by inheritance, in accordance w i th c iv i l legislation, for ai l unlimited period o f time.

Ar t i c le 98. The perforiner shall have tlie exclusive economic right to authorize:

( a ) the fixing o f h i s perfoimaiice; (b) the reproduction o f the f ixed performance; (c) the distribution o f the fixed performance by sale, rental, lending or any other

mode o f transfer for a consideration or f ree o f cliarge; (d) the presentation in a public place or coimiiunication to the public of tlie

perforniance, either unfixed or f ixed on a physical medium; (e) t l ie adaptation o f the f ixed performance; (f] the broadcasting or transmission by television or radio o f h i s rendering, either

unf ixed or f i xed o n a physical medium, or the retrai is i iss io i i thereof by wireless nieans, by wire, by cable, by satellite o r by any other similar procedure.

Ar t i c le 99. (1) Perforiiiers who a l l participate iii the same performance, such as menibers o f a musical group, choir, orchestra or ballet, or theater company shall designate a representative f rom among themselves for the grant o f tlie authorization provided for in Art icle 98. (2) The representative shall be designated in writing, with the agreement o f a majori ty o f the group’s members. (3) Directors, conductors and soloists shall be excepted f ro in the provisions o f the foregoing paragraphs.

A r t i c l e 100. 11-1 the case of a performance given by the performer under a n individual contract of einploymeiit, the economic right provided for in Ait ic le 98 inay be transferred to the eiiiployer o n condition that the transfer i s expressly mentioned iii the individual contract o f eiiiploynieiit.

Ar t i c le 101. (1) Unless otherwise agreed, t l ie performer who has taken pai t in the making o f an audiovisual work or sound recording shall be presumed to have assigned to the producer thereof tlie exclusive right to exploit l i i s performance by fixing, reproduction, coinniunication to the public and distribution. For coinniunication to the public tlie perforiner sliall be entitled to 50 per cent of the producer’s takings. (2) The provisions o f Articles 43,44, aiid 68(1) shal l also apply to perfoiiners.

8

Ar t ic le 102. The duration o f the economic rights o f performers shall be 50 years f rom the f i r s t of January o f the year fol lowing tliat in which the f i r s t fixing, or, failing that, tlie f irst coiimiuiiicatioii to t l ie public took place.

0 Rights o f Producers of Phonograms

Chapter III The Rights o f Producers of Sound Recordings Ar t i c le 103. (1) A sound recording or phonogram within the meaning o f this Law shall be taken to mean any f ix ing exclusively o f the sounds o f t l ie perfoimaiice o f a work or o f other sounds, or o f digital represeiitatioiis o f such sounds, whatever the method and the physical medium used for tlie fixing. An audiovisual fixation or the sound part thereof, or a digital representation o f such a fixation, shall not be considered a sound recording. (2) The producer o f a sound recording shall be the person, whether natural person or legal entity, who assumes the responsibility for the organization and financing o f the f i r s t f ix ing o f the sounds, whether or no t it constitutes a work in ter ins o f this Law.

Ar t i c le 104. In the case o f tlie reproduction and distribution o f sound recordings, tlie producer shall

be entitled to specify o n tlie physical medium in which they are embodied and o n covers, boxes and other physical packaging inaterial, in addition to the particulars of the author and performer, the t i t les o f the works, the date o f manufacture and the nanie aiid logotype o f the producer.

Ar t i c le 105. (1) The producer o f sound recordings shall have die exclusive economic right to authorize:

(a) tlie reproduction o f l i i s own sound recordings; (b) tlie distribution o f h i s own sound recordings by sale, rental, lending or any

other mode of transfer for a consideration or free o f charge; (c) tlie broadcasting or traiisniission by television or radio o f l i i s ow i i sound

recordings, 01- the retraiisinission thereof by wireless means, by wire, by cable, by satellite 01 by any other siniilar procedure or means o f conununication to the public;

(d) the preseiitatioii in a public place o f his ow i i sound recordings; (e) the adaptation o f l i i s own sound recordings; (f) the importation into the territory o f Romania o f legally-made copies of his o w n

sound recordings. (2) The producer o f sound recordings shall also have the exclusive economic r ight to prevent the iii iportatioii o f copies o f h is own sound recordings made witliout l i i s authorization. (3) The rights provided for in paragraphs (1) and (2) sliall be transferred by exclusive or non-exclusive assignment according to the conditions specified for copyright iii Articles 42 and 43. (4) The provisions o f paragraph (l)(f) shall no t apply when the importation i s done by a natural person without coinmercial intent.

Ar t i c le 106. (1) The duration o f the economic rights o f producers o f sound recordings shall be 50 years f rom the f i rs t o f Jaiiuaiy o f the year fol lowing that in which the f i r s t fixing takes place. (2) Where t l i e sound recording i s disclosed to the public during that period, the te rn i of the economic rights shall expire after 50 years have expired fol lowing the date 011 which it was disclosed to the public.

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Rights o f Television and Rad io television Organizations

Ar t i c le 113. (1) Television and radio broadcasting organizations shall have the exclusive economic r ight to authorize tlie following, subject to the authorized person’s obligation to mention the naine o f the orgaiiizatioii:

(a) tlie f ix ing o f their o w n radio or television programs; (b) tlie reproduction o f their own radio or television programs fixed o n any kind

o f physical niediuin; (c) the distribution o f their own radio or television programs fixed on any kind

o f physical niediuni by sale, rental, lending, or any other inode o f transfer for a consideration or free o f charge;

(d) t l ie retransmission o f their own radio 01- television programs by wireless means, by wire, by cable, by satellite or by any other similar procedure, and also by any other mode o f communication to the public;

(e) t l i e communication o f their own radio or television programs in a place accessible to the public against payment o f an admission charge;

(f) tlie adaptation o f their own radio or television prograins fixed o n any kind o f physical medium;

(8 ) tlie importation into the territory o f Romania o f legally made copies o f their o w n radio or television programs f ixed o n any kind o f physical medium.

(2) Radio and television bodies shall likewise have the exclusive economic right to prevent the importation o f copies, made without their authorization, o f their o w n radio or televisioii programs f ixed o n any type o f physical medium. (3) T h e rights provided for in paragraphs (1) and (2) shall be transferred by exclusive or non-exclusive assignment according to the conditions specified for copyright in Articles 41 aiid 43. (4)The provisions o f paragraph (l)(f) shall not apply when the importation i s done by a natural person without commercial intent.

Ar t i c le 114. The duration o f tlie rights provided for in this Chapter shall b e 50 years f rom the f i r s t o f Jaiiuaiy o f the year fol lowii ig that in which tlie f i r s t broadcast or transmission o f the television or radio broadcasting organization’s program takes place.

Ar t i c le 115. Tl ie distribution o f a radio or television program fixed o n any kind o f physical medium fol lowing the f i r s t such distribution shall no t require authorization by the owner o f the neighboring rights, except in the case o f rental.

Ar t i c le 116. T l i e provisions o f Articles 33, 34 and 38 shall apply by analogy to television and radio broadcasting organizations.

Ar t i c le 117. (1) Television and radio broadcasting organizations whose activity consists in the coinniunication to tlie publ ic o f programs by satellite shall be bound to conduct their activity in a manner that respects tlie copyright aiid the neighboring rights protected by this Law. (2) For the puiposes o f this Law, communication to tlie publ ic by satellite means the production under the direction and responsibility o f a television or radio broadcasting organization located on tlie territory o f Romania, o f program-cai-rying signals intended to be received by the public in an uninterrupted chain o f conmiunication leading up to tlie satellite and back down to Earth.

Ar t i c le 118. (1) Where the program-carrying signals are sent in encoded foini, their incoiporation in the chain o f conmiunication shall be considered communication to the public if the

10

device for decoding tlie broadcast i s made available to the public by the organization concerned or w i th i t s consent. (2) Responsibility for conmunication to the public where the prograni-carrying signals are transmitted by an organization located outside the tei-ritory o f Romania sliall be determined as follows:

(O) if the signals are transferred to the satellite through an uplink station located o n the tei-ritory o f Romania, responsibility shall l i e w i th the person operating the station;

(17) if no use i s made o f an uplink station, but the coininuiiicatioii to the publ ic has been authorized by an organization with its headquarters in Roinania, responsibility shall l i e w i th the organization that authorized the conmiunication.

Ar t i c le 119. (1) Owners o f copyriglit 01- neighboring rights may transfer their rights in conmunication to the publ ic by satellite only by means o f a contract concluded individually or through a collective adniinistratioii organization. (2) The standard contract concluded between a collective administration organization and a television or radio broadcasting organization for the transmission o f a type of work belonging to a given f ield shall also be binding on owiiers o f rights who are not represented by the collective administration organization, if t l ie communication to the public by satellite takes place at the same time as the terrestrial dissemination cairied out b y t l ie saine distributor. Tlie unrepresented owiier o f rights may at any t ime put an end to the extended effects o f the standard contract by iiieaiis o f an individual contract. (3) The provisions o f paragraph (2) shall not apply to audiovisual works.

Ar t i c le 120. For the purposes o f this Law, communication to the public by cable retransmissioii nieails the siinultaiieous, unchanged and complete retransinksion by cable or by a short- wave relay system, for reception by the public, of an init ial broadcast o f television or radio prograins conveyed to the public by wire or wireless ineaiis.

Ar t i c le 121. (1) Owners o f copyright or neighboring rights may exercise the i r r ight to authorize or pi-oliibit retransmission by cable by virtue o f contracts concluded through a collective administration organization. (2) I f certain owners o f rights have not entrusted tlie management o f their rights to a collective administration organization, t h e entity managing rights in the sanie class shall be regarded de j u r e as managing their rights also.

I f in the f ie ld concerned there are two or inore collective administration organizations, t h e owner o f rights inay choose among thein. Such owners o f rights may claini those rights w i th in a period o f tlii-ee years fol lowing t l ie date o f tlie retransmission by cable. (3) Tl ie exercise o f the cable retraiisinission r ight by a television or radio broadcasting organization for i t s own programs shall take place by virtue o f contracts concluded with cable distributors. (4) Retraiismissioii by cable without the consent o f the owner o f rights and without payment o f a reinuneration shall be permitted only in the case o f programs owned by public television and radio broadcasting organizations o f national scope and also those o f television and radio broadcasting organizations that are reti-aiisniitted by cable coinpulsorily in accordance with regulations in force.

Ar t i c le 122. W h e r e the parties fa i l to agree o n the conclusion o f a contract for retransmission by cable, they niay appeal to arbitrators appointed according to the provisions o f tlie Code o f Civil Procedure.

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LEGAL FRAMEWORK: Remedies for In f r ingement

1) Cr i i i i i i i a l Offences

Law o n Copyr igh t and Neighbor ing Rights* (No. 8 o f M a r c h 14,1996)

Ar t i c le 140. I t shall be an offense punishable with imprisonment for one month to two years, or a f i n e o f 200,000 to 3 m i l l i on Lei , except where it constitutes a more serious offense, for a person to perform any o f the fol lowing acts without the authorization or consent, as the case may be, o f the owner o f tlie rights recognized by this Law:

to disclose a work to the public; to perform on stage, recite or execute a work or otherwise present a work directly in public; to al low the public access to computer databases that contain or constitute protected works; to translate, publish in a collection, adapt or transform a work to produce a derived work; to fix on a performer's performance on a physical medium; to broadcast or transmit by television or radio a perfoimance, either unf ixed or f ixed on a physical medium, or to retransmit it by wire o r wireless means, by cable, by satellite or by any other similar procedure, or by any other means o f communication to the public; to present the sound recordings o f a producer in a public place; to broadcast or transmit by television or radio the sound recordings o f a producer, or to retransmit them by wire or wireless means, by cable, by satellite or by any other similar procedure, or by any other means o f communication to the public; to fix television or radio broadcasts or to retransmit them by wire or wireless means, by cable, by satellite or by any other similar procedure, or by any other means o f communication to the public; to communicate television or radio programs in a place accessible to the public with payment o f an admission charge.

Ar t i c le 141. I t shall be an offense and punishable with imprisoiuiient for three months to f ive years,

or a fine o f 500,000 to 10 mi l l ion Lei, except where the act Constitutes a more serious offense, for a person improperly to assume the authorship o f a work o r to disclose a work to the public under a name other than the one decided upon by the author.

Ar t i c le 142. It shall be an offense punishable with imprisonment for three months to three years, or

a f i ne o f 700,000 to 7 mi l l ion Lei, except where the act constitutes a more serious offense, for a person to do the fol lowing without the consent o f the owner o f tlie rights recognized by this Law:

(CI) reproduce a work in i t s entirety or in part; (b) distribute a work; (c) impoi-t copies o f a work into the territory o f Romania for commercial

puy oses; (d) exhibit a work o f three-dimensional or applied art, a photograph or a work

o f architecture; (e) project a cinematographic o r other audiovisual work in public;

12

If) broadcast a work by any means o f wireless propagation o f signals, sounds or images, including by satellite;

(g) transmit a work to the public by wire, cable, optic fiber or any other similar procedure;

(II) retransmit a work by any means for t l ie wireless propagation o f signals, souiids or images, including by satellite, or retransmit a work by wire, cable, optic fiber, or any other similar procedure;

( i ) broadcast or transmit a work transmitted by television or radio iii a place accessible to the public;

0) reproduce t l ie perfoimaiice a performer; (I.) distribute tlie performance o f a perfornier; (I) reproduce the sound recordings o f a producer; (ni) distribute the sound recordings o f a producer, including by rental; (71) i inport the sound recordings of a producer into Romania for commercial

purposes; (0) reproduce radio or television progranis f ixed on any kind o f physical

mediuin; (Iî) distribute radio or television programs f ixed o n any kind o f physical

medium, including by rental; (q) i inport radio or television prograins fixed on any kind o f physical mediuni

into Romania foi- coiimiercial purposes.

Ar t i c le 143. I t shall be an offense punishable with imprisonment for three months to two years, or a

fine o f 500,000 to 5 mi l l ion Lei, except where i t constitutes a more serious offense, for a person to do t l ie fol lowing:

((L) place at the disposal o f tlie public by sale or any other method o f transfer, either for a consideration or free o f charge, teclmical nieans designed for the unauthorized erasure or neutralization o f the technical devices that protect a computer program;

(I,) refuse to declare to the competent bodies t l ie origin o f copies o f a work or of tlie physical media o n which a performance or a television or radio program i s recorded, which X e protected under t h i s L a w and are in the person’s possession w i th a v iew to distribution.

Ar t i c le 144. Criminal proceedings shall b e set in motion, in the case o f the offenses provided for in Articles 140, 141, and 142(a), (c), (j), (1), (n) and ( O ) , on a preliminary complaint f i led by tlie injured party within the meaning o f this Law.

Ar t i c le 145. Acts performed by the Romanian Copyright Office in tlie exercise o f i t s supervisory powers under Art icle 138(d) and ( f ) shall be governed by tlie provisions o f Ai-ticle 214 o f the Code o f Criminal Procedure.


Ar t i c le 139. (1) Violat ion o f rights recognized and guaranteed by this L a w shall make the offender guilty o f a civi l or criminal offense or of a misdemeanor, as the case niay be, according to the law. The procedural provisions shall be those specified in this Law, completed w i th those o f ordinary legislation. (2) The owlieis o f rights that are violated inay apply to the coui-ts or other competent bodies, as the case niay be, for recognition o f their rights aiid o f the violation thereof, and niay seek redress for tlie prejudice in accordance with legal provisions. (3) Where rights recognized and protected by this Law have been violated, the owners thereof niay apply to t l ie court or any other competent bodies, in accordance with the

13

law, for the inxnediate ordering o f ineasures to prevent the occuiience o f imn inent damage or to secure redress therefor, as the case may be. (4) The owners o f rights that have been violated may likewise apply to tlie couit for the ordering o f any o f the fo l lowing ineasures:

the surrender, in order to cover the prejudice suffered, o f the proceeds f rom the unlawful act or, if the prejudice cannot b e redressed iii that way, o f the goods resulting f ro in the unlawful act, with a v iew to the i r being turned to account up to the full amount o f the prejudice caused; the destruction o f the equipment and ineaiis belonging to tlie offender that were solely or mainly intended for the perpetration o f the unlawful act; the reinoval f rom commercial chaiiiiels by confiscation and destruction, o f the unlawful ly made copies; the publication in the press o f the court’s decision at the expense o f the offender.

(5) The provisions o f paragraph (4)(c) shall not apply to architectural constructions u n l e s s destruction o f the building i s dictated by the circumstances o f the case.

(a)

(b)

(c)

(d)

BORDER MEASURES

N o information available.

14


Romania i s a member o f WIPO since April 26, 1970.

1) UNIVERSAL COPYRIGHT CONVENTION (UCC) as revised a t Paris o n 24 July 1971

Romania i s not Party o f tlie Convention.

2) BERNE CONVENTION for t h e Protection o f Literary and Artistic Works

Pai-ty o f the Convention since January l", 1927.


Party o f the Treaty since March 6, 2002.

4) ROME CONVENTION for the Protection o f Performers, Producers o f Phonograms and Broadcasting Organizations

Party o f tlie Convention since October 22, 1998.


Party o f the (WPPT) since M a y 20,2002.

6) GENEVA CONVENTION for the Protection o f Producers o f Phonograms against Unauthorized Duplication of their Phonograms

Party tlie Convention since October lst, 1998.


Romania has been a member o f WTO silice January lst, 1995.

15

SERBIA & MONTENEGRO


œ . SERBIA & MONTENEGRO

TABLE OF CONTENTS

LEGAL FRAMEWORK: General Protection of Copyright ................... 2 1) Protected works ........................................................................................................ 2 2) Protection .................................................................................................................. 3

0 Mora l Rights ........................................................................................................ 3 0 Economic Rights ................................................................................................. 4

3) Duration of Copyright ............................................................................................. 6 4) Situation of Foreign Authors .................................................................................. 6 5) Related Rights .......................................................................................................... 7

0 General Provisions .............................................................................................. 7 0 Rights of Performers .......................................................................................... 8 0 Rights of Producers of Phonograms ............................................................... 10 0 Rights of Videogram Producer ........................................................................ 10 0 Rights of Broadcast Producer .......................................................................... 11 0 Rights of a Database Producer ........................................................................ 12

LEGAL FRAMEWORK: Remedies for Infringement ........................... 12 1) Criminal Offences .................................................................................................. 12 2) Administrative Offences ........................................................................................ 15

BORDER MEASURES ....................................................................................... 16


LEGAL FRAMEWORK: I


“The recent constitutional change o f the name of the country did not have any legal impact on the validity o f the Copyright Act o f the Federal Republic o f Yugoslavia and the country’s recent decisions

to adhere to various international treaties.”

COPYRIGHT AND RELATED RIGHTS LAW

1 ) Protected works

Article 2 (1) A work o f authorship i s an author’s original intellectual creation, expressed in a certain form, regardless o f i t s artistic, scientific o r some other value, i t s puipose, size, contents and way o f manifestation, as we l l as the permissibility o f publ ic conmiuiiicatioii o f i t s contents. (2) The fol lowing shall be deemed works o f authorship in particular:

1) Written works (books, brochures, articles, etc.); 2) Spoken works (lectures, speeches, orations, etc.); 3) Dramatic, dramatico-musical, choreographic and pantomime works, as we l l as

works originating fi-om folklore; 4) Works o f music, with or without words; 5) Filins (cinema and television); 6) Fine a i t works (paintings, drawings, sketches, graphics, sculptures, etc.); 7) Works o f architecture, applied art and industrial design; 8) Cartographic works (geographic and topographic maps); 9) Drawings, sketches, duinmies and photographs; 1 O) Computer programmes (in source, object and executive codes);

(. . .) Ar t i c le 4 ( 1 ) Theatrical direction and choreography, translations, adaptations, musical arrangements, as we l l as modifications o f the works o f authorship, shall be deemed works o f authorship, subject to meeting the requirements referred to in Art icle 2, Paragraph 1, o f the present Law. (2) A work o f modif icat ion shall be a work in which the characteristic elements o f the modif ied (original) work are recognisable. (3) The protection o f a copyright referred to in Paragraph 1 o f th is Art icle shall in n o way limit the rights o f the author o f the original work.

Article 5 (I) A collection o f the works o f authorship, which in view of the selection and arrangement o f i ts integral parts, meets the requirements referred to in Art ic le 2, Paragraph I, o f the present L a w (an eiicyclopaedia, collection o f works, aiitliology, selected works, music collection, photograph collection, graphic map and the like), shall also be deemed a work o f authorship. (2) A collection o f fo lk literary and artistic creations, as well as a collection o f documents, court decisions and similar materials, wl i ich in view o f their selection and

2

arrangement, nieets the requirements refeired to in Art icle 2, Paragraph 1, o f the present Law, shall also be deemed a work o f authorship. (3) A collection shall also be understood to mean a database, regardless o f whether it i s in a mechanically or otherwise legible form, which in view o f the selection and arrangement o f i t s integral parts, nieets the requirements refei ied to in Ai-ticle 2, Paragraph 1, o f the present Law. (4) The protection o f a collection shall in n o way restrict the rights o f authors o f the works constituting an integral o f the collection.

Ar t i c le 6 (1) The protection o f copyright shall not apply to general ideas, principles and iiistructioiis included in a work o f authorship. (2) The fol lowi i ig shall no t be deemed works o f authorship:

1) Laws, decrees and other regulations; 2) Off ic ia l materials o f government agencies and agencies discharging public

functions; 3) Off ic ia l translations o f regulations and off icial inaterials o f government

agencies and agencies discharging public functions; 4) Submissions and other documents presented in tlie administrative or court

proceedings.

Ar t i c le 7 (1) A work o f authorship shall be deemed disclosed once it i s coinmunicated to the public for the f i r s t t ime by i t s author or a person duly authorised by hindher, in any way and aiiywliere in the world. (2) A work o f authorship shall be deemed published once the copies o f i t are released by i t s author 01- a person duly authorised by hindher, in a iiuniber, which in view o f the kind and nature o f the work, can satisfy the needs o f h e public. (3) A work o f f i ne arts shall be shall also be deemed published when tlie original or at least a copy o f that work i s made accessible to t h e public o n a permanent basis by i t s author or a person pemiitted to do so by the latter.

2) Protect ion

Ar t i c le 8 Any author shall enjoy moral and pecuniary rights w i th regard to his/her work o f authorship fi-om the moment it coines into being.

M o r a l Rights

4.1. Author ’s M o r a l Rights Ar t i c le 14 Any a~it l ior shall have t l ie exclusive right to be recognised as the author o f h i s work.

4.1.2 Right to be Named Ar t ic le 15 ( I ) Any author shall have the exclusive r ight to hisilier name, pseudonym or inark being put on each copy o f h is work or be quoted at each public conlinunication o f that work. (2) In certain cases, tlie author may explicitly wave tlie rights referred to in Paragraph 1 o f th is Article.

4.1.3. Right of Diiclosiire Ar t ic le 16 (1) Any author s h a l l have the exclusive right to disclose liisiher work and set the way in wliich it i s to be disclosed.

3

(2) Pending the disclosure o f a work, only its author shall have the exclusive right to give information in public about the contents o f h isher work or to describe it.

4.1.4. Riglit of Protection of the Work’s Integrity Ar t ic le 17 Any author shall have the exclusive r ight to protect the integrity o f h isher work, particularly by doing the following: 1) Opposing tlie making o f alterations to h isher work by unauthorised persons; 2) Opposing tlie communication o f h isher work to the publ ic in an altered or incomplete fomi; 3) Giving permission for h i s work to be modified.

4.1.5. Right to Oppose Unbecoming Exploitation of the Work Ar t ic le 18 Any author shall have tlie exclusive right to oppose tlie exploitation o f h isher work in a manner that i s posing or could pose a threat to his lionour or reputation.

0 Economic Rights

4.2. Author ’s Pecuniary r igh ts Ar t i c le 19 (1) Any author shall have the right to commercial exploitation o f hishier work, as we l l as o f a work resulting f rom the modif icat ion o f hishier work. (2) Any author shall be entitled to remuneration for tlie exploitation o f his work by another persoii, unless otherwise provided by the present L a w or contract.

4.2.1. Right of Exploiting a Work in Tangible Forni 4.2.1.1. Riglit of Recording and Reproduction Ar t ic le 20 (1) Any author shall have the exclusive right to prohibit somebody else f rom or permit the latter to make a recording o f h isher work on a tangible carrier (paper, magnetic tape, vinyl disc, compact disc, film tape, cassette and the like) or reproduce hisiher work. (2) Reproduction may be cai i ied out particularly by printing, drawing, engraving, photographing, casting and otlier artistic graphic and plastic methods, and mechanical or magnetic recording. (3) Besides the acts referred to in Paragraph 1 o f th i s Article, the reproduction o f the works o f architecture shall also be understood to mean the construction o f buildings in accordance with drawings andior designs. (4) The reproduction o f works shall be deemed existent regardless o f the number o f copies o f the work, method o f reproduction aiid durability o f the copies. (5) I f the work o f authorship i s a computer programme, reproduction shall also be understood to mean the storage o f tlie prograimie whol ly or partly in the computer memory and running the programme in the computer.

4.2.1.2. Right of Putting Copies on the Market Ar t ic le 21 (1) Any author shall have the exclusive r ight to prohibit somebody from putting copies o f h i s wo rk o n the market or to permit h i d e r to do so. (2) The putt ing o f copies o f a work on the market shall also include the fol lowing:

Offering copies o f the work for sale; Storing copies of the work for the puiyose o f their being put on the market; Import ing copies o f the work.

1) 2) 3 )

(3) The right o f an author to put copies o f the work on the market shall no t affect any owner o f a copy o f the work who has legally acquired that copy f rom tlie author or persons duly authorised by the latter (exhausted right). Any owner o f the copy o f a work, who lias legally obtained it f rom i t s author, may carry o n putting it on the market without any restrictions.

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4.2.1.3. Right ojRenting Copies of Work Ar t ic le 22 (1) Any author shall liave the exclusive r ight to prohibit somebody fi-oin renting copies o f h i d h e r work or perinit the latter to do so. (2) Slioiild an author licence h is i l ier r ig l i t referred to in Paragraph 1 o f this Ai t ic le to a producer of plionograms andor videogranis, heishe inay reserve t l ie right to a share in tlie profits resulting f rom renting copies o f t h e author’s work (recorded on a video cassette, audio cassette, coinpact disc and t l ie l ike). (3) N o author may waive the right to a share in tl ie prof i t refen-ed to in Paragraph 2 o f th i s Article.

4.2.2.3. Right of Transmission of Performance or Presentation Ar t ic le 26 (1) Any author shall have the exclusive r ight to prohibit anybody f rom transmitting the perfoiniance or presentation of h isher work or permit h d i e r to do so. (2) For the pui-poses of Paragraph 1 o f t h i s Article, transmission shall be understood to niean the siniultaneous public communication o f a work that i s being performed or presented to tlie audience present outside the premises o n which the work i s being perfoi-nied or presented live, with tlie means o f tecliiiical devices, such as a loudspeaker or a screen and loudspeaker.

4.2.2.4. Right of Broadcasting Ar t ic le 27 (1) Any author shall liave the exclusive r igl i t to prohibit anybody f rom broadcasting l i is / l ier work 01- permit l i i d h e r to do so. (2) For the purposes of Paragraph 1 o f this Article, broadcasting shall b e understood to niean public conmiunication o f a work by wire or wireless ti-ansmission o f electromagnetic, electric or other signals at long distance (radio broadcasting and cable broadcasting). (3) The wireless and wire broadcasting are two different ways o f exploiting a work ai id they make up the subject matter o f two different copyright autliorisatioiis, except in the fol lowing cases:

I f the re-broadcasting o f a work by wire i s a technically essential condition for t l ie reception o f a broadcast; I f tlie i-e-broadcasting by wire o f a work that i s broadcast wireless supplies less t l iai i a hundred receivers w i th signal on a non-conmercial basis.

(4) For tlie pui-poses o f Paragraph 2 o f this Article, broadcasting shall be deemed existent also when signals intended for public reception are transmitted in an uninterrupted coinniunication chain to a satellite and back to tiie ground, under the control o f a broadcaster (hereinafter: the broadcasting eiitei-prise), which shall be answerable therefor. (5) If t l ie signals are coded, tïaiisinissioii via satellite shall be deemed existent o n condition that the signal decoding devices are accessible to the public through a broadcasting eiitei-prise referred to in Paragraph 4 o f t h i s Article or through a third party duly authorised by the broadcasting enterprise. (6) For the puiyoses o f Paragraph 2 o f t h i s Article, broadcasting shall also be understood to mean the public communication o f a work by wire or wireless, in a way that allows any individual access to t l ie work at the place and time o f h isher o w n choice.

1 )

2)

4.2.2.5. Right of Public Communication of tlie Work being Broadcast Ar t ic le 28 Aiiy author shall have tlie exclusive r ight to prohibit anybody froin simultaneously coiiimuiiicatiiig h i s h e r work that i s being broadcast to audience at publ ic places, such as means o f publ ic transport, restauïants, waiting rooms and t l ie like, with tlie means o f such devices as radio receivers or television sets, or permit hindlier to do so.

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4.2.2.6. Riglit of Public Communication of a Work,from a Sound or Picture Carrier Ar t ic le 29 Any author shall have the exclusive right to prohibit anybody froin communicating in public hislher work recorded on a sound carrier or picture carrier (a record, compact disc, audio cassette, video cassette, film tape, optic disc, slide) with the means o f technical devices for the reproduction o f sound and/or picture.

3) D u r a t i o n of Copyr igh t

Ar t i c le 96 (1) Pecuiiiaiy rights o f an author shall last fo r h isher l i fe and 50 years after his/her death. (2) M o r a l rights o f an author shall last even after the expiration o f h isher pecuniaiy rights.

Ar t i c le 97 (1) Co-authors’ pecuniary rights shall expire after 50 years f rom the death o f the last- deceased author. (2) Pecuniary rights o n a work whose author i s unknown (anonymous work or work under a pseudonyni) shall expire after 50 years f rom the date o f i t s disclosure. Should i t s author reveal liis/her ideiitity before the expiration o f the mentioned term, the pecuniary r ight shall last the same as if i t s author’s identity has been known since the date o f i t s disclosure.

Ar t i c le 98 If tlie val idity o f a copyright i u i s f rom disclosure o f the work and the work was disclosed in instalments, such work shall be deemed published on publication of its last i n s taliiieiit .

Ar t i c le 99 The terilis needed for determining the date o f expiration o f pecuniary rights o f an author shall be counted froin 1 January o f the year fol lowing the one in which the event relevant for the beginning o f the terni had occurred.

Ar t i c le 100 (1) LJpoii the expiration o f the authors’ pecuniary rights, their moral rights shall be looked after by tlie associations o f authors and institutions in the fields o f science and arts. (2) Besides the paities referred to in Paragraph 1 o f this Article, any person shall have the right to protect the right o f authorship aid integrity o f works, as we l l as to oppose any form o f unbecoming exploitation o f the works o f authorship.

4) Situat ion of Fore ign Authors

Ar t i c le 101 (I) Foreign citizens may ho ld copyright in the Federal Republic o f Yugoslavia o n fol lowing coiiditions:

That the author i s a person who holding copyrights on the basis o f an international agreement rat i f ied by the Federal Republic o f Yugoslavia, or That reciprocity exists between the Federal Republic o f Yugoslavia and the country to wh ich the author belongs.

(2) In tlie event o f doubt as to the existence o f reciprocity with regard to the l aw o f the country to which the author belongs, explanation shall b e given by the competent federal authority or the federal organisatioii competent for copyright (hereinafter: the competent federal authority).

I)

2)

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Article 102 The right of notification and compensation referred to in Art icle 3 1 may be enjoyed by a foreign citizen exclusively o n the basis o f reciprocity.

Article 103 A foreign citizen inay enjoy an author’s moral rights regardless o f whether the requirements referred to in Art icle 101, paragraph 1, o f the present L a w have been met or not.

5) Related Rights

0 General Provisions

6. Provisions Common to Related Rights 6.1. Relationship between Copyrights and Related Rights

Article 134 Related rights shall in n o way affect the copyrights o f authors w i th regard to the works.

6.2. Limitations on Related Rights, Exhaustion o f Related Rights and Broadcasting Article 135 The provisions o f the present L a w dealing with limitations on and exhaustion o f copyright, as we l l as the provision dealing with broadcasting in Art icle 27 o f the present Law, shall accordingly apply to related rights.

6.3. Assignment of Related Rights Article 136 Related rights shall be assignable, w i th the exception o f the performers’ personal rights.

6.4. Right to Special Remuneration Article 137 All holders o f related rights, other than producers o f databases, shall have the i igh t to a special reinuiieration determined by Art icle 35 o f the present Law, under the same conditions as those val id for authors.

6.5. Duration o f Rights Article 138 (1) Pecuniary rights o f a perfonner shall last for 50 years f rom the date o f publication o f t l ie re-cording o f tlie perfomiance, and in t l ie case o f an Unpublished performance, f i o in the date o f re-cording o f that perfomiance. A performer’s moral rights shall last even after the expiration o f liisiher pecuniary rights. (2) The rights o f the producer o f a phonogram and/or the producer o f a videogram shall last for 50 years f rom the publication o f the phonogram and/or videogram, and if t l ie phonogram and/or videogram lias not been published, that right shall last for 50 years f rom the date o f production o f the phonogram ai idor videogram. (3) The rights o f tlie producer o f a broadcast shall last for 20 years f rom the date o f the protected broadcast’s f i r s t broadcasting. (4) The rights o f the producer o f a database shall last for 15 years f rom the date o f the database’s production. (5) If substantial changes occur in the selection or arrangement o f the contents o f a database, the t e r n i referred to in Paragraph 4 o f th is Art icle shall b e extended by 15 more years. Substantial changes in the selection or ailangement o f t l ie contents o f a database shall be understood to mean addition, deletion or iinproverneiit o f a database whol ly or part ly that results iii a new version o f that database. (6) The t e m i publication used in Paragraphs 1 and 2 o f th is Art icle i s deteni ined in coiiipliance with Art icle 7, Paragraph 2, o f tlie present Law.

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(7) As fo r the calculation o f t l ie ternis referred to in this Article, tlie provisions o f Art icle 99 o f t l ie present L a w shall apply accordingly.

6.6. Persons t o wh ich the L a w Applies Ar t i c le 139 (1) A performer or producer o f phonogranis, wl io i s a foreign person, shall be accorded the rights determined by the present L a w on the basis o f international agreements rat i f ied by the Federal Republic o f Yugoslavia. (2) A perfoi-nier, who i s foreign person, shall be accorded the rights determined by the present Law, if one o f the fo l lowing requirements has been met:

1 ) 2)

3 )

4)

That tlie peifornier resides in tlie Federal Republic o f Yugoslavia; That the performance was given in tlie territory o f the Federal Republic o f Yugoslavia; That the performance was recorded o n a phonogram that i s protected under the present Law; That the unrecorded perfomiance i s included in a broadcast that i s protected under tlie present Law.

(3) A producer o f phonogranis, who i s a foreign person, shall be accorded the rights deteriniiied by tlie present Law, if that phonogram was produced for the f i r s t t ime in the territory o f the Federal Republic o f Yugoslavia.

Ar t i c le 140 A performer w l io i s a foreign citizen shall be accorded the moral rights, regardless o f whether tlie requirements refei-red to in Art icle 139 have been met.

Ar t i c le 141 (1) The producer o f a videograin, producer o f a progranme and producer o f a database, wl io i s a foreign person, shall be accorded the rights deteimiiied by the present Law o n tlie basis o f international agreements rat i f ied by t l ie Federal Republic o f Yugoslavia or o n tlie basis o f reciprocity. (2) In case o f doubt as to the existence o f reciprocity with regard to the laws o f the country to wh ich the producer o f a videogram, producer o f a progranme and producer o f a database belongs, the explanation shall be given by the coinpetent federal authority. (3) The producer o f a videograni and producer o f a database, who i s a foreign person, shall be accorded the rights determined by the present Law, if the videogram andior database was produced in the territory o f the Federal Republic o f Yugoslavia fo r the f i r s t time. (4) The producer o f a broadcast, who i s a foreign person, shall be accorded tlie rights detei-iniiied by tlie present Law, if the broadcast was broadcast or re-broadcast in the territory o f t l ie Federal Republic o f Yugoslavia.

0 Rights o f Performers

I. Perfimners ’ Rights 1.1. Establ ishment o f Rights Ar t i c le 104 A perfoiiiier shall enjoy moral rights and pecuniary rights in conformity with the present L a w for h isher performance o f a work o f authorship.

1.2. Performance Ar t i c le 105 (1) For the purposes o f t h i s Law, a performance i s an intellectual creation resulting f rom a performer’s personal effort niade towards coinmuiiicatiiig a work in the f o r m o f sound, visually o r audio-visually to the public. (2) The work being performed need no t be a protected work o f authorship.

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1.3 Per fo rmer Ar t i c le 106 (1) For tlie purposes o f the present Law, a pei-former i s an individual who engages in a creative way iii the performance o f works (a musician, actor, dancer, pantomimist, singer, conductor). (2) Persons niaking a technical contribution to t l ie performance o f works are not performers. (3) The relationships between two or more performers participating in the performance o f one work shall be regulated by applying appropriately the provisions o f the present L a w relating to co-authors.

1.4. Scope o f the Rights I.4.1. Peyfornzer’s Moral Rights Ar t ic le 107 (1) A performer shall have the fol lowing exclusive rights:

1) 2)

To be recognised as the creator o f h i s h e r performance; To h i s h e r name being put o n each copy o f the recording, in the progranme or being shown in some other suitable way each time hislher performance i s exploited; To oppose the making o f alterations to his/her perforinance or any exploitation o f h i s performance in an altered forin, should that pose a threat to l i d h e r creative or professional reputation; T o oppose the putting on the market o f a recordings o f h idher performance, if that re-cording has technical deficiencies that pose a Sireat to the integrity o f performance, and thereby also the performer’s reputation; T o oppose the exploitation o f h isher performance iii a way that poses or could pose a threat to h isher honour or reputation.

(2) I f a group o f performers gives a performance, tlie right referred to in Paragraph 1, I tem 2, o f this Art icle shall be enjoyed by the group as a whole and the soloists.

3 )

4)

5 )

I. 4.2. Performer’s Pecuniary Rights Ar t ic le 109 (1) A perfomier shall have the exclusive right to prohibit somebody else f rom doing or permit hindher to do the following:

1 ) Recording hisilier perfoiiiiaiice and reproduction o f copies o f the perfoimance; 2) Putting tlie recordings o f h isher Performance on the market; 3) Renting the recordings o f hisflier perfoimaiice; 4) Simultaneous transnlission o f the performance by technical devices, such as

loudspeaker and screen, to audience outside tlie premises on which the perfoi-mance i s given live;

5) Live broadcasting o f h isher performance; 6) Public con~nunicat ion o f hisiher recorded performance, as referred to in

Art icle 27, Paragraph 6, o f the present Law. (2) A performer shall not have the exclusive r ight on broadcasting o f h i s h e r performance that i s recorded and published on a sound cariier or a performance that was recoi-ded on a sound and picture carrier with the performer’s permission. (.--I

Art ic le 110 A performer shall have the r ight to be remunerated by a producer o f plioiiograms for the fo l lowi i ig :

1) Broadcasting o f h i s h e r performance from a published recording on a sound carrier;

2) Public communication o f h isher perforinance, which i s broadcast f rom a published recording on a sound carrier;

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3 ) Public communication o f h isher performance froin a published recording o n a sound cai-rier.

1.5. Assignment o f Rights Ar t i c le 11 1 (1) A perfot-nier may licence or assign hidher pecuniary rights referred to in Art ic le 109 o f the present Law to another person under a performance contract.

O Rights o f Producers of Phonograms

2. Phonogram Producer's Rights 2.1. Establ ishment of Rights Ar t i c le 116 A phonogram producer shall have the pecuniary riglits detenniiied by the present L a w for i t s phonogram.

2.2. Phonogram Ar t i c le 117 (1) A phonogram i s a sound or a series o f sounds recorded on a sound carrier. (2) A phonogram producer shall have the rights determined by the present Law fo r the f i rs t recording.

2.3. Producer o f Phonogram Ar t i c le 118 The producer o f a phonogram i s an individual or legal entity wh ich has arranged and paid foi- tlie production o f the phonogram.

2.4. Scope of Rights Ar t i c le 119 A producer o f a phonogram shall have the exclusive r ight to prohibit others f rom or permit t h e m to do the fol lowing:

Reproducing i t s phonogram and putting the thus reproduced copies o f the phonograin o n the market; Renting out copies o f the phonogram; Public co imun ica t ion o f i ts phonogram, pursuant to Art icle 27, Paragraph 6, o f the present Law.

1)

2) 3 )

Ar t ic le 120 (1) The producer o f a published phonogram shall have the r ight to be remunerated for the following:

1 ) Broadcasting o f the phonogram; 2) Public cornnunication o f tlie phonogram; 3) Public communication o f the phonogram being broadcast.

(2) The producer o f a phonogram shall pay a ha l f o f the reinuneration referred to in Paragraph l o f this Art icle to the performers whose perfoimances are on its phonograph, unless otherwise provided by the contract between the producer o f the phonograph and the performers.

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Riglits of Videogram Producer

3. Rights oJ’n Videogram Producer 3.1. Establ ishment of Right Ar t i c le 121 A producer o f a videogram shall have the pecuniary rights determined by the present L a w for i t s videogram.

3.2. Videogram Ar t i c le 122 (1) A videogram i s a recorded series o f pictures with or without accompanying sound o n a picture carrier or picture and sound carrier. (2) The producer o f a videograni shall have the rights determined by the present L a w only for the f i r s t recording.

3.3. V ideogram Producer Ar t i c le 123 The producer o f a videograni i s an individual or legal entity which has arranged and paid for the production of the videograni.

3.4. Scope o f Rights Ar t i c le 124 The producer of a videograin shall have the exclusive right to prohibit others f i o in or permit t l iein to do the following:

1) 2)

3 )

Reproduce his videogram or put the thus reproduced copies on the market; Coiimiunicate h i s videograin to tlie public froin a picture cari-ier or picture and sound carrier (presentation); Renting copies o f h i s videogram.

Ar t i c le 125 The producer o f a videogram shall have the r ight to oppose the exploitation o f h i s videograni in altered form, if such exploitation can pose a b e a t to h i s just i f ied property interests.

0 Rights of Broadcast Producer

4. Rights of a Broadcast Producer 4.1. Establ ishment o f Rights Ar t i c le 126 The producer o f a broadcast shall have pecuniary rights in accordance with t l ie present Law.

4.2. Broadcast Ar t i c le 127 A broadcast i s an electrical, electroinagiietic or some other signal converted into sound, visual or sound and visual matter that i s broadcast for the purpose o f being communicated to the public.

4.3. Producer o f Broadcast Ar t i c le 128 (1) The producer o f a broadcast i s an individual or legal entity, which has arranged and paid for the production o f the broadcast. (2) The person who only broadcasts or re-broadcasts i s not a producer o f broadcast.

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4.4. Scope of Rights Article 129 The producer o f a broadcast shall have the exclusive r ight to prohibit others f ro in or permit theni to do the fol lowing:

1) Re-broadcast h i s broadcast; 2) Record his broadcast on a sound or picture or a sound and picture carrier; 3 ) Reproduce that recording and put o n the market tlie thus reproduced copies o f

the o f the recording ; 4) Rent copies o f the broadcast recording.

Rights o f a Database Producer

5. Rights of n Database Producer 5.1. Establishment o f Rights Article 130 Any database producer shall have pecuniary rights in conformity w i th the present Law.

5.2. Database Article 131 (1) A database i s a collection o f electronically arranged and recorded data, works and other iiiaterials to wh ich access i s electronic and materials necessary for i ts opeTation, such a dictionary, index or system for the provision or presentation o f infoimation. (2) A computer programnie used for i t s development or operation shall not be regarded as a database.

5.3. Producer o f Database Article 132 The producer o f a database i s an individual 01- legal entity, which lias arranged and pa id for t l ie production (design) o f that database.

5.4. Scope o f Right Article 133 (1) The producer o f a database shall have the exclusive r ight to prohibit others from or permit them to do the following:

1 ) Occasional or perinanent reproduction of a database whol ly or in parts, for any pui-pose and iii any form;

2) Translation, adaptation, arrangement and any other alteration o f the database; 3) Reproduction o f the results obtained in the ways referred to in I tem 2 o f th i s

Paragraph; 4) Putting copies o f the database on the inarket.

(2) The right referred to in Paragraph 1, I t em 1, o f this Art icle shall also include the database producer’s r ight to oppose the fol lowii ig:

I) Uiiautliorised separation o f the entirety or a pai t o f t l ie basic contents o f the database;

2) Uiiautliorised exploitatioii o f the separated entirety or a part o f the basic contents o f the database.

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1) C r i m i n a l Offeiices

Ar t i c le 182 (1) Whoever discloses, performs, presents, transmits a perforniaiice or presentation or broadcasts soinebody else’s work o f authorship or exploits somebody else’s perforniaiice (by recording, reproducing, transmitting or broadcasting), whol ly or partly, under h i s own or soinebody else’s nanie, shall be punished by tliree months to three years in prison for a criminal act. (2) Whoever alters or modifies somebody else’s work o f authorship or alters soinebody else’s recorded performance without authorisation, shall be fined or punished by up to one year in prison. (3) Whoever exploits somebody else’s work o f authorship or soinebody else’s performance in a way that poses a threat or could pose a threat to the author’s or performer’s Iionow or reputation, shall be fined or punished by up to six months in prison.

Ar t i c le 183 (1) Whoever discloses, perfoims, presents, transmits the performance or presentation, records, reproduces, puts o n the market, broadcasts, rents or exploits in soine other way a work o f authorship or subject matter o f related riglits, wholly or partly, without the permission o f the holder o f copyright andor related right, shall be f ined or punished by up to one year in prison for a criminal act. (2) Whoever puts 011 the market or rents copies o f a work o f authorship, recordings o f a performance, somebody else’s programme or copies o f phonograms, videograms or databases, for the purpose o f deriving pecuniary benef i t for i t s e l f or somebody else, though knowing that they have been disclosed, recorded or reproduced without authorisation, shall be punislied by up to three years in prison for a criminal act.

Ar t i c le 184 Whoever destroys, damages or renders useless the first standard copy o f a film shall be f ined or punished by up to one year in prison for a criminal act.

Ar t i c le 185 The holder o f a copyright or related right who gives a false datum or covers up a true datum about his/ l ier work o f authorship or subject matter o f related rights when hisiher work o f authorship or subject matter o f related rights i s being entered in the records and deposited in the public register o f the competent federal authority, shall be fined or punished by up to one year in prison for a criminal act.

Ar t i c le 186 The prosecution for the criminal acts referred to in Article 182 through 185 o f the present L a w shall be instituted on the basis o f private action.

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2. Eçoiionzic Offences Ar t ic le 187 (1) Any enterprise or some other legal entity shall be fined 45,000 to 450,000 new dinars for economic offence iii the fol lowi i ig cases:

If it discloses, performs, presents, trailsinits a perfoi-inance or presentation, records, reproduces, puts on the market, broadcasts, rents or exploits in some other way a work o f authorship o r subject matter o f related rights, who l ly or pai-tly, without permission o f the holder o f copyright or related right (Articles 16, 20, 21,22,24, 25,26,27, 109, 119, 124, 129 and 133); I f i t exploits, puts o n the market or ren ts copies o f a work o f authorship, recordings o f a performance, somebody else’s programme or copies o f a phonogram, videogram or database for the purpose o f deriving pecuniary benefit for i tself or somebody else, though luiowing that they were recorded or reproduced without authorisation (Article 2 1 and 22, Art icle 109, Paragraph 1, Items 2 and 3, Art icle 119, Art icle 124, I t e m s 1 and 3, Art icle 129, Items 3 and 4, and Art icle 133, Paragraph 1, I t e m 4); If it destroys tlie f i r s t standard copy o f a film (Article 84, Paragraph 2); If i t inakes certain changes in a bui lding which i s a materialised work o f architecture, without offering i t s author to make changes (Article 34); If it engages in traiisactioiis relating to the collective exercise o f copyrights or related rights, without being pe in i t ted to do so by the competent federal authority (Article 15 1, Paragraph 2); If it fails to not i fy the organisation o f the iianie o f the subject matter o f protection and extent o f i t s exploitation, within 15 days fi-oin the date o f coinniencement o f exploitation o f the subject matter o f protection or within 30 days f r o m the date o f conmencenient o f exploitation o f the subject matter o f protection, if exploitation without perniissioii o f the holder o f right i s i i ivolved (Article 167).

(2) The responsible person in the enterprise or some other legal entity concerned shall also be fined 3,000 to 30,000 new dinars for any o f the acts referred to in Paragraph 1 o f th is Article.

1 .

2.

3. 4.

5.

6.

3. Iilfnrctioizs Ar t ic le 188

for infarction in the fo l lowing cases: (1) Any enterprise or some other legal enti ty shall be fined 15,000 to 150,000 new dinars

If it discloses, perfomis, presents, trailsinits the performance or presentation or broadcasts somebody else’s work o f authorship or exploits somebody else’s perfoi-inance, whol ly or partly, without quoting tlie author’s o r perfoimer’s name or does so under somebody else’s liame (Art icle 15 and Art ic le 107, Paragraph 1, I tem 2); If it alters or modifies somebody else’s work o f authorship or somebody else’s recorded performance without i t s author’s permission (Article 17, ai id Art ic le 107, Paragraph 1, I t e m 3); If in the capacity o f an art gallery keeper or organiser o f publ ic sale o f aii original work o f fine arts or original manuscript, it fails to not i fy i t s author o f tlie name and address o f the seller o f liisiher work, name and address o f the new owner o f the work and tlie price for which the work was sold or fails to pay 3%) o f the sale price to the author o f the work (Art icle 32, Paragraph 32, Paragraphs 1 and 2); I f on the occasion o f recording aiid depositing with tlie competent federal authority of a work of authorship or a subject matter o f related rights, it gives a false datuni or covers up a true datuin about i t s work o f authorship or subject matter o f related rights (Article 170, Paragraph 4); I f iii the capacity o f publisher, it sells the unsold copies o f a work as scrap paper without offering them for sale to the author or hishier successoi- beforehand (Art icle 75).

1.

2.

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4.

5.

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(2) The responsible persons in tlie enterprise or other legal entity concerned shall also be fined 900 to 9,000 new dinars for any o f the acts referred to in Paragraph 1 o f t h i s Article. (3) Any entrepreneur without the status o f legal entity, who commits any o f the acts referred to in Paragraph 1 o f th is Article, shall be fined 900 to 9,000 new dinars for infarction. (4) Any individual who in the capacity o f a building’s owner maltes certain changes in that building, which i s a materialised work o f architecture, without offering the making o f such changes to tlie author beforehand, shall be f ined 900 to 9,000 dinars for infarction (Article 34). (5) Any individual who fails within 30 days f rom the sale o f the original copy o f a work o f fine arts 01- original manuscript, to not i fy the author o f that work o f t l ie name and address o f the new owner and pay 3% o f the work’s sale price, shall be f ined 900 to 9,000 new dinars (Article 3 1, Paragraph 1).

2) Admin is t ra t i ve Offences

1. Jiirlicinl Protection Ar t ic le 172 (1) A holder o f copyright, peifornier, producer o f a phonogram, producer o f a videogram, producer o f a prograinme, producer o f a database and acquirer o f exclusive licence for copyright and related rights, may f i l e a suit demanding the following:

I) Determination o f t l ie infringement on a right; 2) Terniination o f the infringement on a right; 3) Destruction or alteration o f the objects iiistruniental to an infringement on

rights, including copies o f the subject matter o f protection, their packaging, stencils, negatives and t l ie l ike; Destiuctioii or alteration o f the tools and equipment, w i th the aid o f which t h e objects instiuilieiital to the infringement on rights were produced, if so i s necessary for the protection o f rights;

Publication o f the verdict at the defendant’s expense.

4)

5) I i idei imity for inaterial daniage; 6)

Ar t i c le 175 (1) Copyright and perforniers’ rights niay not be the subject matter o f forced execution. (2) Oiily certain property claims stemming from the rights refei-red to in Paragraph 1 o f th i s Art icle inay be t l ie subject matter o f forced execution. (3) Unfinished works and unpublished maiiuscripts niay not be tlie subject matter o f forced execution.

Ar t i c le 176 (1) At the request o f a holder o f rights, who makes it credible that 1iisAier copyright or related right lias been infringed on or w i l l be infringed on, the competent court may apply an interim measure involving the seizure or removal f rom tlie market o f the object wi th wh ich the infringement i s inade or an interim measure involving a prohibition against the acts under way, which could be conducive to infringement. (2) 111 tlie case o f a request filed because o f non-payment o f reniuneration on the copyrights and related rights refei-red to in Article 51, Paragraph 1, and Ai t ic le 120, Paragraph 1, I t em 1, o f tlie present Law, the court shall apply an interi in measure involving a prohibition against broadcasting the work f rom published phonograms or prohibit ion against broadcasting o f phonograms.

Ar t i c le 177 (1) At t l ie request o f the holder o f a right who makes it credible that h isher copyright or related riglit lias been infringed on, as well as a reasonable suspicion that evidence o f that w i l l be destroyed or that it w i l l not be possible to obtain it later on, t l ie court may

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go ahead with securing evidence without giving p i io r notice to o r hearing the person fi-om wh ich evidence i s to be collected. (2) For the puiposes o f Paragraph 1 o f t h i s Article, the securing o f evidence shall be understood to mean the inspection o f premises, books, documents, databases, etc., as we l l as the seizure o f documents and interrogation o f witnesses and court experts. (3) The court order for securing evidence shall be sei-ved to the person f rom which evidence i s to be collected, on the occasion o f the collection o f evidence and to an absent person, as soon as that becomes possible.

BORDER MEASURES

Custom Code Law of Republic of Serbia (Went into force on January 1, 2004).

((CHAPTER VI

BORDER ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Ar t ic lc 240. Importation, expoitation or transit o f goods, which infringe upon the intellectual property rights established by the related legislation and international agreements shall not be pei-niitted.

Ar t i c le 241. (1) The customs authority shall, upon request o f the intellectual property right holder, suspend the custoins procedures and withhold the goods in case o f imported, exported or transited goods suspected to be in violation o f the intellectual property rights. (2) The request referred to in paragraph 1 o f this Art icle inay be individual, related to particular consignment o f goods, or general, where right holder provides information to customs authority on the particulars o f original goods, manufacturers, distributors, and any other information that may assist the customs authority to identi fy consignments suspected to b e in violat ion o f intellectual property rights.

Ar t i c le 242. The customs authority may suspend the customs clearance procedures and the release o f imported 01- exported goods ex officio, if the customs authority based on pr ima facie evidence i s satisfied that any o f the intellectual property rights are being infr inged upon.

Ar t i c le 243. (1) The customs authority shall not be liable to compensate the importer or the owner o f the goods for any damages resulting f rom withholding the release o f the goods according to Articles 24 1 and 242 o f th i s Law. However, person refeil-ed to in Article 241, paragraph 1 o f t h i s L a w shall pay the importer or the owner o f the goods compensation for any injury caused to thein through the wrongfbl detention o f goods based upon h i s request.

Ar t i c le 244. (1) Where, pursuant to Art icle 242 o f th is Law, the customs authority decides to suspend the procedure ex officio, it wil l not i fy without delay: The importer; The intellectual property r ight holder, if the address i s available to the customs aut1ioi:ity;

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The authority competent for protection o f intellectual property rights. (2) If, within a period not exceeding 15 days after notification o f suspension to interested paities, tlie custoins authority has not been informed that proceedings leading to a decision o n the inerits o f the case have been initiated, or that the duly enipowered authority has taken provisional measures prolonging the suspension o f the release o f the goods, the goods shall be released, provided that al l other conditions for importation, exportation or transit have been coniplied with. (3) LJpoii tlie request o f the applicant, customs authority may extend t l ie time limit referred to in paragraph 2 o f this Article by another 15 days.

Ar t i c le 245. Tlie r ig l i t holder, importer, exporter or the owner o f the goods, shall have the right to identify withheld goods in any appropriate manner, including tlie right to inspect the goods, provided that such inspection i s done in the customs premises and under customs’ supervision.

Ar t i c le 246. Border measures related to the protection o f intellectual properiy rights provided for in Articles 240 to 245 o f th i s Law shall no t apply to non-commercial goods, personal belongings and gifts brought by travellers.

Ar t i c le 247. The Government inay lay down the maiiiier o f implementation o f the provisions o f Articles 240 to 246 o f this Law.”

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Serbia and Montenegro i s a member o f WIPO since April 27, 1992


Notif icat ioi i o f succession by Serbia and Montenegro on September 11, 2001.


Party o f the Convention since April 27, 1992


Party o f the Treaty since June 13,2003.

4) ROME CONVENTION for the Protection o f Performers, Producers of Plionograms and Broadcasting Organizations

Party o f the Convention since June 1 O, 2003.


Pai-ty o f (WPPT) since June 13,2003.

6) GENEVA CONVENTION for t h e Protection o f Producers o f Phonograms against Unauthorized Duplication o f their Plionograms

Accession by Selbia aiid Montenegro to the Convention on June 10,2003.


Serbia and Montenegro is not yet a Member o f WTO but an Observer govei imeii t .

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