12. 05. 2009

ANEM PARTICIPATION IN PUBLIC CONSULTATIONS ABOUT DRAFT LAW ON COPYRIGHT AND RELATED RIGHTS

In the period between April 29 and May 15 2009, the public consultations were held regarding the draft version of the Law on Copyright and Related Rights, which was prepared by Intellectual Property Office and Ministry of Science and Technological Development, as an authorized proposer.
Within these consultations, on May 11, the round table, regarding the draft Law, was organized in the premises of Serbian Business Chamber, where ANEM representatives were also present.

The proposer of this draft Law stated that the basic motive for suggesting this Law were the practical problems in the implementation of the existing law and overcoming these problems with more adequate solutions. The proposed solutions significantly coincide with the ANEM stands, which points out that ANEM rightfully demanded certain changes in this area and had right stands when it comes to regulation of this matter.  

ANEM supported the key novelty for the broadcasters,  inserted in the draft Law, which Association constantly advocated for, regarding the  level of tariffs which are to be determined through the agreement between users and collective societies, instead of currently self-determining tariffs of collective societies.
 
ANEM has also suggested certain changes of the draft Law, striving to achieve better status for the broadcasters. These suggestions include: to limit the maximum amount of the fees for usage of mentioned works in case of broadcasting, lower than  stipulated 10%, for all users - on 3.5% of the income gained by the usage of the subject-matter works; prescribe the specific criteria when defining the level of tariffs for the broadcasters, which are important for the correct estimation of its amount (assessment of the value of radio and TV advertising market, number of issued broadcasting licenses, comparative criteria, etc.); payment of fees, only once, when the same program is broadcasted through cable and terrestrially; obligatory participation of users representatives in the Commission, which will assist in the case lacking agreement between collective societies and users, as well as equal representation of users and collective societies in it; define a notion of the “representative users’ societies” for broadcasters which proposes the members of the Commission.

Besides, ANEM proposed several changes, which would provide more transparency in work of the collective societies and much better check of their work (registration of the collective societies at Serbian Business Registers Agency; availability of all relevant information regarding the collective societies on Intellectual Property Office web site and web sites of the named organizations; more strict criteria for revoking the license of the collective societies, etc.) 
 
After the conclusion of the public consultations, proposer of the draft Law will consider the suggestions and given proposals, adopt the argument ones, and after that, the altered version of the draft Law will be submitted to the state authorities for further consideration and adoption.