Well, how does it work in Serbia?
Copyright & Related Rights Law
The subject of the law is regulation of the rights of authors of literary scientific and artistic work- copyrights, as well as rights of interpreters, producers of phonograms, video-grams, broadcasts and data-bases, as well as other related rights.
The law defines the concept of authors’ work as original intellectual creations of authors in a certain form and specifically lists certain groups of authors’ works such as:
- written works
- spoken works
- drama works and alike
- musical compositions
- film works
- pieces of fine art
- pieces of architecture, applied art and industrial design
- cartographic works
- schemes, drafts, models, photographs
- computer programs
- collection of authors’ works like encyclopedias, collection, anthologies and others.
The copyright includes:
a) Moral rights of the author
b) Ownership rights of the author
c) Rights of the author towards the owner of the copies of the work.
As far as foreign entities are concerned, the law has foreseen recognition of moral rights of authors without any limitations. The right for emolument to foreigners is recognized as per principles of reciprocity.
Transfer of Copyright
The legislator has foreseen transfer of copyrights
– by inheritance
– by contract ( the moral rights of the author may not be transferred by contract );
Cession of certain or all proprietary authorisations may be exclusive or limited to subject, space or time.
Duration of Copyright
The authors’ ownership rights last during the life of an author and 70 years following his death.
Protection of Copyrights and related rights
The law regulates court protection of copyrights and related rights and defines what pleadings may be filed for protecting these rights.
In penalty provisions the law has foreseen criminal act due to copyright offense. Fines and imprisonment up to to three years are prescribed. Legal responsibility is determined for both individuals and legal entities. Certain criminal acts are described in the Law.