Serbia

Legal background

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention? No
Literary and artistic works are protected for 70 years from the author’s death, other works for 70 years from death of the last surviving author (joint works). Anonymous works and pseudonymous works shall expire after 70 years elapse from the date of its disclosure.Pecuniary rights of the performer, video and pnonogram producer shall last for 50 years.The rights of the database producer shall last for 15 years from the date of the database’s creation.
LCRR, 2009, Art 102, 103, 104, 105 and 106, 147
Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders? No
Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? No
Can databases of non-original material be reproduced without infringing a copyright or sui generis database right? No
Non-original material contained within a database does not qualify for copyright protection. But, it is protected as a collection of the works of authorship, if the selection and arrangement of non-original material includes elements of originality
LCRR 2009, Art. 5
Are rights holders prohibited from excluding user rights under copyright law? No
Is computer software excluded from the scope of patentable subject matter? Yes
Computer programs shall not be regarded as inventions.
PL 2004, Art. 5

Freedoms to access and use

By Home UsersIs there any general user right that is based on a set of balancing criteria, such as a "fair use" right? Yes
Limitations on copyright used in any specific case, the scope of limitation of exclusive rights may not conflict with a normal exploitation of the work nor may unreasonably prejudice the legitimate interests of the author.
LCRR 2009, Art. 41
Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? No
The author shall have the exclusive right to authorize or prohibit fixation or reproduction of his work in total or partially, in any tangible or intangible, permanent or temporary, direct or indirect manner.
CRRR 2009, Art. 20(1)
Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? In part
If a work of authorship is a computer program, the person who has legitimately obtained a copy of that computer program for his/her own usual use can make a one back-up copy of the program on a lasting tangible carrier.
LCRR 2009, Art. 47
Can works be communicated to a limited public (for example, family and friends) without infringing copyright? No
For EducationMay students copy works for private research or study? Yes
If it used for non-commercial purposes students may reproduced without the author’s permission and without paying remuneration.
LCRR 2009, Art. 44
Does any such research and study provision cover distance and online education? Yes
May translations of works be made for educational purposes? No
May educators copy works for use in the classroom? Yes
Educational institutions shall have the right to reproduce works in educational purposes.
LCRR 2009, Art. 55
OnlineAre temporary or transient copies, incidental to a lawful use, excepted from copyright? Yes
LCRR 2009, Art. 48
Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network? No
Is Internet access free of ISP filtering or monitoring for potential copyright-infringements? Yes
By content creatorsIs there any protection for consumers who non-commercially remix or mash up copyright works? No
May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software? Yes
LCRR , Art. 47
Is the incidental inclusion of a work in other material permitted? In part
There is no protection for two-dimensional reproductions of works on public display.
LCRR, Art. 51
Is there are copyright exception for parody or satire? No
By the pressIs there a copyright exception for the news of the day? Yes
In the scope of informing the public on current events with the means of the press, radio and television, it shall be permissible to make copies of a work.
CRRR 2009, Art. 43
May copyright material be reproduced for the purposes of review and criticism? No
May quotations be used for any purpose? Yes
Short excerpts of a work of authorship may be reproduced or be communicated to the public (right of quotation), without the author’s permission and without paying remuneration.
CRRR 2009, Art. 49
By LibrariesMay libraries copy works if they cannot reasonably be obtained commercially? Yes
Public libraries, educational institutions, museums and archives shall have the right to reproduce works without author’s permission and without paying remuneration, exclusively for their archival and non-commercial purpose
CRRR 2009, art. 45
May librarians copy works for users for the purpose of research or study? Yes
Libraries shall have the right to reproduce works for the purposes of study or research.
LCRR 2009, Art. 45
Are libraries allowed to make preservation or archive copies of materials in their collections? Yes
Libraries can make copies exclusively for their archival and non-commercial purposes.
LCRR 2009, Art. 45
Can lending libraries operate without incurring public lending rights fees to copyright owners?
By disabled usersIs it permissible to copy or adapt work for the use of those with disabilities? Yes
For the needs of the persons with invalidity, it is allowed, without the permission of the author and without payment of the remuneration, to copy and distribute the work protected by copyright, if such a work does not exist in the required form.
LCRR 2009, Art. 54
In public affairsAre laws excluded from copyright? Yes
Laws shall not be deemed works of authorship.
CRRR 2009, Art. 6(2)
Are other governmental works either excluded from copyright, or routinely shared under permissive licences? Yes
Laws, decrees and other regulations shall not be deemed works of authorship.
CRRR 2009, Art 6(2)
Are the results of publicly funded research required to be published under an open access licence? No

Freedoms to share and transfer

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used? Yes
Can public domain works be used without the need for any payment or registration of the use? Yes
Does the law make special provision for the legal use of orphaned works? No
Is parallel importation of copyright works permitted? Yes
Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources? No
Are there national programmes or policies that specify or promote the use of open document formats? No

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? In Serbian law does not clearly distinguish between infringement by a person or corporate entity.
What is the maximum penalty for copyright infringement for a corporation? 100.000 or 3.000.000 dinars against business company or any other legal person CRRR 2009, Art. 215
Is innocent infringement of IP treated differently by the law? No
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes? No
Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights? No
Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers? No
Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds? No
Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court? Yes
Are criminal sanctions limited to cases of large-scale commercial counterfeiting? No
Circumvention of technological protection measures or removal of rights management information is also penal.
CRRR 2009, Art. 215
Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award? No
In case of intentional infringement, three times the usual damages award applies.
CRRR 2009, Art. 206
Is there provision to penalise the wrongful allegation of copyright infringement? No
Is there provision to penalise the obstruction of consumers' exercise of user rights? No
Does the patent system allow for pre-grant opposition?

Recent or upcoming changes

Summary of position

In my opinion, our Copyright Law is more liberal than others. In opinion of EU experts it is harmonized withe the EU principles and directives. Nevertheless, the implementation of the Law in our country is inadequate.

We have a big problem with pirated music and film DVD issues as well as with photocopying. There are texts which are copied for the use in preparation for students' exams and they are issued in a form of a textbook - script, furthermore illegally sold in the faculty premises.

Yet there are also some aspects of Serbian copyright law that are quite harsh on users. They may not, for example, legally circumvent digital locks even if it is necessary to do so in order to exercise their otherwise legally permitted user rights.

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