09. 09. 2011

New ANEM negotiations with SOKOJ

The renegotiations of ANEM with SOKOJ on the tariff of SOKOJ fees for musical works broadcasting are currently underway. The reason for reopening negotiations lies in the fact that the Commission on Copyright and Related Rights has given a negative opinion on the SOKOJ's proposal of the tariff in part related to broadcasters and has instructed SOKOJ to repeat the negotiations with the representative association of users within the legal term, or submit a new proposal of the tariff. In this procedure before the Commission for Copyright and Related Rights for the obtaining of opinion on the SOKOJ's proposed tariff, ANEM has acted as a representative association of broadcasters - users of musical works. In June 2011, ANEM submitted its written opinion on the proposed tariff of SOKOJ to the Commission and further elaborated on it at the meeting - consultations with the Commission. Following the said meeting, the Commission gave its Opinion, acknowledging the most of ANEM remarks.

On August 5, 2011, the Commission for Copyright and Related Rights has delivered to ANEM its own Opinion on the proposed tariff of SOKOJ. The Commission found that the fee given in the SOKOJ's proposal had not been determined in accordance with the rules for determining the tariff prescribed by the Law on Copyright and Related Rights. The Commission assessed that the proposed tariff of SOKOJ was contradictory and that the manner, in which the fees were to be charged, or their amount, could not be accurately and clearly determined from SOKOJ's proposal. Given that the Commission has given a negative opinion on the proposed tariff, SOKOJ is obliged, in the legally prescribed time, to repeat the negotiations with the representative association of users, or submit a new tariff proposal, which must include the fee determined in accordance with the Law and contain the exact amount of the fee, together with clearly and precisely specified manner of determining the said fee.

In repeated negotiations, ANEM will seek to reach agreement with SOKOJ that would be in the best interest of broadcasters and which will determine the fee in accordance with the Law. New negotiations should be completed in the course of September 2011.

The Commission’s Opinion is available here (only in Serbian)