Naknada za javno saopštavanje i ostvarivanje prava stranih proizvoača fonograma
Fees For Public Communication And The Exercise Of Rights Of Foreign Producers Of Phonograms

Summary/Abstract: The rights of phonogram producers, the way of exercising and judicial protection are regulated by the Law on Copyright and Related Rights Act of 2009, as amended in 2011. These rights are defined as rights related to copyright. Related rights are rights that arise regarding the performance or duplication, production or distribution of copyrighted work. Similar rights which include the right of phonogram producers are inseparable from the copyright holder. It in no way affects the protection of authors in respect of their works, but also act as a special kind of private rights Adoption of the law and its amendments is part of comprehensive reform of intellectual property rights in Serbia, which was conducted during the last three years, which made further harmonization with the legal achievements of the European Union, especially with the Directive no. 2001/29 on the harmonization of certain aspects of copyright and related rights in the information society. Domestic sources of law in these areas are complemented by the adoption of new regulations, and the Serbian intellectual property right is largely harmonized with the European Union, and the most important provisions of international conventions in the field of intellectual property, in particular the provisions of the Agreement on Trade - Related Aspects of Intellectual Property Rights (TRIPS) The legislation, opinions and attitudes of the legal theory of case law, which are presented in this paper include: mandatory collective exercise of the right to compensation for public broadcasting phonograms, the legal nature of the relationship of the Organization of Phonogram Producers of Serbia (OFPS) and right holders, process of proving the relevant facts in dispute billing charges, the subject matter jurisdiction of the court and the type of procedure, for the determination of tariffs on fees, the exclusion of certain categories of beneficiaries from paying fees in domestic law and jurisprudence of the EU, as well as the rights of foreign producers of phonograms.

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