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13. 01. 2012

ANEM LEGAL ACTION FOR ANNULMENT OF THE COMMISSION ON COPYRIGHT AND RELATED RIGHTS’ OPINION

After the Commission on Copyright and Related Rights had issued a positive opinion on the SOKOJ's new tariff proposal on December 5, 2011, in the process of determining the SOKOJ's tarif for broadcasters, ANEM filed a complaint with the Administrative Court, on January 12, 2012, arguing that this opinion was not in accordance with the law. In its legal action, ANEM sought to review and annul the Commission's opinion in full. In addition, the Association requested a deferral of putting Commission's opinion in effect until the passing of a court decision, in order to prevent the entry of new tariff of SOKOJ into force.

By adopting such Opinion, the Commission has concluded long-term tariff dispute that ANEM, as a representative association of broadcasters, led with SOKOJ regarding the tariff of fees. According to the Opinion of the Commission, a new Tariff Proposal includes those rights for which SOKOJ has a license for collective exercise and determined in accordance with the Law on Copyright and Related Rights, which has created the basis for the new tariff to entry into force. However, ANEM believes that the Proposal of tariff has not been determined in accordance with the Law, primarily because, due to the excessive amount of fees and the level of minimum fee in particular, the Tarif is neither appropriate to the type and manner of exploitation of copyright works, nor proportionate to the significance that the use of objects of protection from organization's repertoire has for the users' income. Not being given the opportunity to present this during the proceedings before the Commission, as it was not supplied with the SOKOJ's proposal of the tariff for opinion, ANEM will try to prove, in the administrative proceedings, that the Commission's opinion is not legal, because:

the rules of procedure were not respected in the process of adopting the Opinion;
the facts were incomplete or incorrectly determined;
the substantive law was incorrectly applied, as the Commission has not applied, that is, incorrectly applied the Article 170 of the Law on Copyright and Related Rights, which stipulates that the manner in which the tariff shall be determined.

Depending on the decision of the court, ANEM will take other legal measures necessary to put the disputed tariff of SOKOJ out of force, to prevent the drastic consequences of excessive fees on broadcasters and threatening of the survival of local electronic media, which have been the most affected with the illegal multiple increase of minimum fee.