28. 12. 2011

"MUSIC DINAR" CHANGES THE LAW?

Belgrade, December 28, 2011 (B92, Beta) - Ombudsman Sasa Jankovic has forwarded to the Serbian Parliament the request for deletion of Article 39 from the Law on Copyright and Related Rights.

The article in question is the basis for charging of a "special fee" for technical and IT equipment due to so-called "music dinar". Allegedly, the reason to charge this fee is "the presumption that this equipment may be used for multiplication" of copyright works which are "expected or likely to be multiplied". The list of equipment that will be charged are, among others, the photocopiers, printers, scanners, digital video and audio recorders. The list of blank sound, picture and text carriers are all kinds of discs (CD, DVD), cassettes and USB flash drives.

Two collective organizations for protection of copyright and related rights have passed the fees, one of which has also listed additional pieces of equipment that would fall under the fee charge, which have not been prescribed by the regulation.

Ombudsman Jankovic has viewed this "special fee" as illegal and detriment to citizens' rights, as they would be charged for something that they would "assumably" do with the equipment which "is expected or is likely" to be used for what they might do.

"With that, the fee is charged not to protect and observe general, but individual interest, through organizations for collective protection of copyright that give a large part of thus collected revenues to their members, leaving only a small portion for them", the Ombudsman said.

Ombudsman Jankovic forwarded his opinion to the Government of Serbia and Commission for Copyright and Related Rights on the need to take necessary measures so that a "special fee" would not be charged until the Parliament brought a decision on deletion of disputed article from the said law.