SIMBIOZA ILI ANTIBIOZA? ODNOS IZMEĐU IZDAVAČA I AUTORA NAKON LUKSAN-PRESUDE
SYMBIOSIS OR ANTIBIOSIS? RELATION BETWEEN PUBLISHERS AND AUTHORS AFTER THE LUKSANJUDGMENT

Summary/Abstract: The author is discussing the implications of the Judgment of the Court (C-277/10- „Luksan-Judgment”) on the transfer of right to fair compensation for private copying and on the distribution of income from the private copying levy. The considerations on which the Luksan- Judgment was based were especially examined in the context of right of publishers to acquire this right from the authors and to participate in the distribution of revenues collected by collective management organizations. The author combined her discussion on this issue with reference to the related case from the German court practice (Vogel/VG Wort) that she also elaborated. She came to the conclusion that according to the ruling of the Luksan-Judgment the right to fair compensation cannot be transferred in advance to a third party, other then a trustee (e.g. collective management organization). Hence, the publishers are not able to gain this right from authors and are accordingly, unless they have their own related right, not entitled to take part in the distribution of income from the private copying levy. The author also took a closer look at the legislation of Bosnia and Herzegovina in this context, which provides for a certain related right for publishers that would entitle them to compensation from private copying. However also there she discovered certain conceptual irregularities in the national law, which potentially question the legal basis for such entitlement of the publishers.

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