Copyrights Law in Serbia

Sure! Here's an overview of Copyright Law in Serbia as of the latest information available:

Copyright Law in Serbia

Legal Framework

Primary legislation: The main law governing copyright and related rights in Serbia is the Law on Copyright and Related Rights (Zakon o autorskom i srodnim pravima), adopted in 2004 and amended several times since.

Serbia is a member of international treaties related to copyright, including:

Berne Convention for the Protection of Literary and Artistic Works

WIPO Copyright Treaty

Rome Convention

TRIPS Agreement (under the World Trade Organization)

It also aligns its law with the EU directives on copyright as part of its EU accession efforts.

Subject Matter of Protection

Copyright protects original literary, artistic, and scientific works, including:

Books, articles, and other written works

Musical compositions, lyrics, and recordings

Cinematographic works

Visual arts (paintings, sculptures, drawings, photographs)

Software and databases

Architectural works

Rights Granted

Economic rights: Exclusive rights to reproduce, distribute, publicly perform, display, broadcast, and adapt the work.

Moral rights: The right to claim authorship, the right to prevent distortion or modification that could harm the author's reputation.

Economic rights can be transferred or licensed; moral rights are generally inalienable and perpetual.

Duration of Protection

Copyright lasts for the life of the author plus 70 years after their death.

For works of joint authorship, the term is 70 years after the death of the last surviving author.

For anonymous or pseudonymous works, 70 years from the date of lawful publication.

Related rights (performers, producers of phonograms, broadcasters) are protected for 50 years from the date of performance, fixation, or broadcast.

Exceptions and Limitations

Serbian law provides for certain exceptions similar to “fair use,” including:

Use for private, non-commercial purposes

Quotations for criticism or review

Use for educational and scientific purposes

Use by libraries, archives, and museums for preservation

These exceptions are generally narrowly construed.

Enforcement

Copyright infringement can lead to civil, administrative, and criminal penalties.

Civil remedies include injunctions, damages, and seizure of infringing copies.

Criminal sanctions can apply for willful infringement on a commercial scale.

Registration

Copyright protection arises automatically upon creation and fixation of the work; registration is not required but can be used as evidence in disputes.

 

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