REPUBLIC OF SERBIA Negotiating Group on Intellectual Property Rights Bilateral screening Chapter 7

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1 REPUBLIC OF SERBIA Negotiating Group on Intellectual Property Rights Bilateral screening Chapter 7 Broadcasting Via Satellite and Retransmission by Cable Copyright and Related Rights Brussels, 13 th November 2014

2 Legal Framework The Law on Copyright and Related Rights (Official Gazzete of RS 104/2009, 99/2011 and 119/2012) version in force

3 Definition of Satellite Amendment For the purpose of this Law, satellite means any satellite operating on frequency bands which, according to legislation of telecommunications law, are reserved for the broadcast of signals for reception by the public or which are reserved for closed, point-to-point communication. (Art. 28.6).

4 Communication to the Public by Satellite Special broadcasting operation shall also be deemed to exist when signals intended for public reception are transmitted in an uninterrupted communication chain to a satellite and back to the ground, under the control of a broadcaster (hereinafter: the broadcasting organization), which shall be responsible therefore. The author shall have the exclusive right to give permission or prohibit broadcasting of his/her work. (Art. 28.4).

5 Communication to the Public Amendment by Satellite Communication to the Public by Satellite, within the meaning of the Article 28, occurs in Republic of Serbia if the radio and television program-carrying signals, intended for the reception by the public, are introducing into an uninterrupted chain of communication leading to satellite and down toward the Earth, under the control and responsibility of the broadcasting organization located in the territory of Republic of Serbia.

6 Communication to the Public Amendment by Satellite Communication to the public by satellite exists in Republic of Serbia also when the act of introducing of radio and television program-carrying signals from paragraph 1 occurs in the state which does not provide similar or higher level of protection provided by this law, provided that: Uplink station that sends the program-carrying signals is located in the territory of Republic of Serbia or; Broadcasting organization that has its headquarter in the territory of Republic of Serbia has commissioned the act of introducing of programcarrying signals from paragraph 1 of this article, if the up link station that sent the signals to satellite is not on the territory of Republic of Serbia.

7 Coded Signals If the program signals are coded, transmission via satellite shall be deemed to exist on condition that the signal decoding devices are accessible to the public through a broadcasting organization referred to in Paragraph 4 of this Article or through a third party duly authorized by the broadcasting organization. (Art. 28)

8 Cable Retransmission The author has the exclusive right to forbid or allow some other person that the copyright protected work broadcasted in radio diffusion should be simultaneously communicated to the public in the unchanged shape and as a whole: when the communication to the public is performed by the cable or micro wave system or when the work is originally broadcasted from another country (cable re-broadcasting). (Art. 29).

9 Cable Retransmission Amendment Copyright holder or holder of related right has exclusive right to allow or to forbid retransmission and cable retransmission of its work. Retransmission occurs when the broadcasting organization simultaneously, in the whole and in the unaltered way, communicate to the public initial transmission of other broadcasting organization. Within the meaning of the paragraph 2 of this article, cable retransmission occurs when the transmission delivers through the cable or microwave system.

10 Cable Retransmission Directive 93/83/EEC For the purposes of this Directive, 'cable retransmission' means the simultaneous, unaltered and unabridged retransmission by a cable or microwave system for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite, of television or radio programs intended for reception by the public. Cable retransmission which occurs by cable or microwave system considers simultaneous, unaltered and unabridged retransmission of initial wire, wireless and satellite emission of television or radio program intended for reception by public in other country.

11 Far-reaching Protection for Holders of Related Rights Than That Required by Article 8 of Directive 92/100/EEC. Amendment If the performer gives to the producer of phonograms or videograms his right from paragraph 1 items 2, 3 and 5 of this article, he keeps the right to equitable remuneration from the renting of the copies of recording of his performance, distribution of the recordings of his performance and interactive making available to the public of his performance by wire or wireless means. The performer may not waived the mentioned rights to the equitable just remuneration.

12 Exercise of the Cable Retransmission Right In the case of cable rebroadcasting or works, the right of the author is administered only through the collective management organization for copyright and related rights. (Art. 29). The same is for the holders of related rights.

13 Amendment Exercise of the Cable Retransmission Right In the conduct of the organization s business, it shall be assumed that organization is authorized to act on behalf of DOMESTIC AND FOREIGN holders of the copyright and/or related rights with respect to any rights and any kind of subject-matters of protection that are within the scope of its business activity. (Art ).

14 Transmissions of Broadcasting Organizations The provision of the paragraph 2 of this article is not applied in the case of cable rebroadcasting if it concerns the emissions belonging to the broadcasting organizations, regardless whether those are the original rights of the broadcasting organizations or the rights transferred to them by the other holders of rights. (Art. 29.3).

15 Mediators Amendment In the case that broadcasting organization and cable operator do not reach the agreement on conditions of cable retransmission of the emission of broadcasting organization, every interested party may call for a help to one or more mediators. If the selected mediator propose the solution for the dispute, it shell be assumed that interested parties have accepted that proposal if within the 3 months from date of proposal they did not refuse it in paper form. The law that regulates the procedure for mediation will be applied to this procedure respectively unless otherwise is prescribed by this Law.

16 Harmonization of the National Legislation with Acquis Partly harmonized Articles 1.1, 1.2d, 11.1, 11.2, and 11.4 of the Directive 93/83/EEC are partially transposed in the Law on Copyright and Related Rights With the Draft Law on Copyright and Related rights, which is now in the procedure the mentioned provisions will be fully transferred to the domestic Copyright legislation.

17 Thank you for your attention!

14380/17 LK/np 1 DGG 3B

14380/17 LK/np 1 DGG 3B Council of the European Union Brussels, 15 November 2017 (OR. en) Interinstitutional File: 2016/0284(COD) 14380/17 NOTE From: To: Presidency Delegations No. prev. doc.: ST 13050/17 No. Cion doc.: Subject: