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17. 03. 2014

ANEM REACHES AGREEMENT WITH SOKOJ ON PROTOCOL ON COOPERATION

Belgrade, March 17, 2014 - After lengthy negotiations, ANEM has, as a representative association of broadcasters - users of musical copyright works, achieved with SOKOJ an agreement on a Protocol on Cooperation, which has, compared to the existing Tariff, made possible for broadcasters significant discounts and benefits for payment of the minimum fee for the use of music copyright works. Agreed discounts and benefits will under same conditions be available for use by all radio and TV stations which are paying the minimal fee. The Protocol also regulates the issue of settlement of debts from the previous period.

ANEM emphasizes that the Protocol stipulates that, in order to reach a mutually acceptable agreement on tariffs, a joint expert committee will be formed and made up of representatives of ANEM and SOKOJ, which will prepare conditions for starting new tariff negotiations. To this end SOKOJ will, without delay, and after receiving the opinion of the expert commission that conditions are provided for negotiations on tariffs that will lead to an agreement, publish a public announcement in the Official Gazette of the RS, thus formally  initiating the procedure for conducting of negotiations as envisaged by the Law on Copyright and Related rights.

The Protocol on Cooperation will be in force until the conclusion of the Agreement on tariff of fees paid for the use of music repertoire of SOKOJ.

The most important parts of the Protocol:

  • Each station that has a basis for the application of the minimum fee, regardless of the existence and amount of the debt, shall be granted a discount of 50 % on the calculation of the minimum fee for the period starting from 01.01.2014. provided that:
  • 1. it has a contract with SOKOJ,
  • 2. the reduced fee is paid in its entirety as calculated by SOKOJ, within the deadline specified in the invoice, which may not be less than 15 days from the date of the invoice,
  • 3. in an agreed time frame submitted lists of musical works - the "jackets", in the manner and form provided by the SOKOJ portal.
  • In addition to the 50 % discount, deductions are implemented in relation to the region in which the user is registered , as follows:
  • 1. 10 % for the region of Vojvodina,
  • 2. 20 % for Central and Western Serbia,
  • 3. 30% of the Eastern and Southern Serbia.
  • All discounts are applied cumulatively cannot exceed 75 % of the minimum charge.
  • Stations of civil society , as well as cells that emit the bulk of the programs in the languages ​​of national minorities ( with confirmation RRA ) is , as before, a fee is charged at 50 % of the amount determined by the tariff , so that the resulting amount calculated discounts .

For the civil sector stations, and for stations which broadcast the major part of the program in languages ​​of national minorities (with a certificate from RBA), the fee is calculated at 50 % of the amount determined by the tariff, and for the resulting amount the discounts are calculated.

  • SOKOJ agrees that invoices clearly indicate the full amount of the fee and the reduced fee ( with discounts), as well as the deadline for payment of the reduced fees .
  • Deadlines for payment of monthly bills for a minimal fee with reductions:
  • 1. for January 2014. - 31 March 2014 ;
  • 2. for February 2014. - 25 April 2014 ;
  • 3. for March 2014. - 15 May 2014 ;
  • 4. for April 2014. - 31 May 2014 ;
  • 5. for each month after April 2014. - 25th day of the following month (rule will be in effect until the termination of the Protocol).
  • For unpaid claims from 1 January 2012 to 31 December 2013, with no litigation initiated up to 10 March 2014, a discount is granted on the remuneration due in the amount of 30% on all amounts to be paid by 31 August 2014, regardless if the total amount owed is paid by the subject date.
  • If no litigation is initiated by 10 March 2014 SOKOJ will, at the request of a broadcasters who does not want or cannot take advantage of the 30% discount on the payments of owed ​​amount, enter with that broadcaster into an agreement on the settlement of debt not under litigation in monthly installments payable by 29 December 2014, provided that the request was submitted up to 31 August 2014.
  • For claims that are under litigation up to 10 March 2014, and the ruling has not been made, SOKOJ will at the request of the broadcaster offer court settlement that includes the payment of the principal debt, the costs of litigation, and 50% of the legal interest rate, in at least 5 installments up to 29 December 2014, provided that previously an agreement is concluded on the settlement of the debt not under litigation.

The Protocol will enter into force within 8 days from the date of publication in the Official Gazette of RS.

ANEM President, Milorad Tadic

The text of the Protocol is available (only in Serbian) here .

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