Law on copyright and related rights

CHAPTER ONE

GENERAL PROVISIONS

PART 1.

INTRODUCTORY PROVISIONS

Scope of the Law

Article 1

This Law shall regulate the right of authors in their copyright works (hereinafter: copyright), the rights of performers, phonogram producers, video gram producers (film producers), broadcasting organizations, publishers and database makers in their subjectmatters of related rights (hereinafter: related rights), the administration and the protection of copyright and related rights and the application of the Law.

Public, disclosure and publishing

Article 2

(1) Public, within the meaning of this Law, shall mean the availability of a copyright work, or of a subjectmatter of related rights, under equal conditions, to a larger number of persons outside the closer circle of relatives or personal acquaintances. (2) A copyright work or a subjectmatter of related rights shall be considered to be disclosed if it has been made available to the public, by authorisation of the right holder, unless otherwise provided by this Law.

(3) A copyright work or a subjectmatter of related rights shall be considered to be published if, by authorisation of the right holder, has been made available to the public in a sufficient number of copies and distributed.

Equitable remuneration

Article 3

The author or the holder of a related right shall be entitled to an equitable remuneration for every type of use of the copyright work or of the subjectmatter of related rights, unless otherwise provided by this Law.

Relationship between copyright and related rights

Article 4

The administration and protection of related rights, according to this Law, shall not prejudice nor in any way affect the administration and protection of copyright.

Exceptions and limitations

Article 5

This Law may provide special cases and conditions for exceptions and limitations to the use of copyright and related rights.

PART 2.

RELATIONSHIP BETWEEN COPYRIGHT AND RIGHT OF OWNERSHIP

General provision

Article 6

Copyright is an autonomous right and it is independent from the right of ownership or other rights in the objects in which the copyright work is incorporated, unless otherwise provided by law.

Separateness/Apart of transfer

Article 7

(1) The transfer of economic rights of the author of the work shall not affect the right of ownership in the object where the copyright work is incorporated, unless otherwise provided by law or by contract.

(2) The transfer of the right of ownership under paragraph (1) of this Article shall not affect the transfer of the economic rights of the author of the work, unless otherwise provided by law or by contract.

Joint property of spouses

Article 8

Joint property of spouses shall not include the copyright. Joint property of spouses shall include only the economic benefits deriving from the use of copyright.

Judicial execution

Article 9

(1) Judicial execution against copyright shall not be permitted.

(2) Judicial execution shall be possible only against the economic benefit deriving from copyright.

(3) Judicial execution against an uncompleted copyright work and against an undisclosed original of a copyright work shall not be permitted.

Limitation on the right of adaptation

Article 10

(1) If the owner of an architectural structure intends to adapt that work, he shall be obliged to offer the adaptation primarily to the author of the original work, provided he is alive and available in a usual manner.

(2) If the author unjustifiably refuses the offer laid down in paragraph (1) of this Article, the owner of the work shall acquire the right of adaptation, but he shall be obliged to respect the author’s moral rights.

Protection against destruction of original

Article 11

(1) If the owner of the original of a copyright work intends to destroy the original, he shall be obliged to offer the original to the author, and the author shall be obliged to compensate to the owner the value of the material from which the original was made.

(2) If the return of the work to its author as referred to in paragraph 1 of this Article is not possible, the owner shall be obliged, in an appropriate manner, to enable the author to make a copy of the original.

(3) Where the copyright work, within the meaning of paragraph (1) of this Article, is an architectural structure, the author shall have the right to take photographs of the work, to be enabled access to the work in order to make a cartographic record and measurement survey of the structure, and to demand the delivery of photocopies of the projects at his own expense.

CHAPTER TWO

COPYRIGHT

PART 1.

COPYRIGHT WORK

Notion of a copyright work

Article 12

(1) A copyright work, within the meaning of this Law, is an intellectual and individual creation in the field of literature, science and art, expressed in any manner and form.

(2) A copyright work shall be, in particular:

1. A written work (book, paper, article, handbook, brochure, treatise and other works of the same nature);

2. A computer program, as a written work;

3. A spoken work (lecture, speech, address, and other works of the same nature);

4. A musical work, with or without words;

5. A dramatic work, dramaticomusical work, choreographic work and a work of pantomime;

6. A photographic work and a work created in a process analogous to photography;

7. An audiovisual work (cinematographic work and other work expressed in moving images);

8. Works of fine art (painting, drawing, grafic, sculpture, etc.);

9. Works of architecture,

10. Works of applied art and design and

11. A cartographic work, plan, sketch, technical drawing, project, table, plastic work and other work of identical or similar character in the domain of geography, topography, architecture and science.

(3) The adaptation of a copyright work, where it fulfills the conditions of this Law, shall be considered as a copyright work.

Component parts of a copyright work

Article 13

(1) Any component part of the copyright work, as well as the title of the work, insofar as it is intellectual and individual creation by itself, shall be considered as a independent/sole copyright work. (2) It shall not be permitted to use as the title of a copyright work a title, pursuant to paragraph 1 of this Article, that has already been used for a work of the same type, if that title would create or would lead to confusion regarding the copyright work and the author.

Collections of copyright works

Article 14

(1) A collection of copyright works, of expressions of folklore, of data or of other material, which, by reason of the selection and arrangement of its component parts, constitutes an individual and intellectual creation, such as: encyclopedia, anthology, book of papers, music collection, collection of photographs, maps, exhibition, exposition, collection of documents, and other collections, shall be considered as a copyright work.

(2) The copyright in the work from paragraph 1 of this Article shall in no way extend to its component parts and shall not affect the rights in such parts.

Databases

Article 15

(1) A database shall be a copyright work.

(2) A database, within the meaning of paragraph 1 of this Article, shall be a collection of data, arranged in systematic or methodical way, and individually accessible by electronic or other means.

(3) The copyright in the database shall not apply to computer programs used in the making or operation of databases accessible by electronic means.

Unprotected creations

Article 16

Within the meaning of this Law, the following shall not be considered as a copyright work:

1. Ideas, theories, concepts, operation methodologies, or mathematical concepts, regardless of the manner of explanation or expression;

2. Official texts of a political, legislative, administrative and judicial nature and their official translations;

3. Daily and other news having the character of mere media information, miscellaneous facts and data and

4. Ideas and concepts which underlie any element of a computer program, including the program components that enable connection and interaction between the elements of the software and of the hardware equipment (interfaces).

PART 2.

AUTHOR

Notion of author

Article 17

(1) The author, within the meaning of this Law, shall be a natural person who has created the copyright work.

(2) The copyright belongs to the author by the mere act of creation of the work.

Presumption of authorship

Article 18

(1) A person whose name, pseudonym, code or other sign is denoted in a usual manner on the work or its copies, or is indicated at the time of its disclosure, shall be considered as an author, until proved to the contrary, in accordance with this Law.

(2) In a case where the author is unknown, nor can be recognized in accordance with the provisions of paragraph 1 of this Article, the copyright shall be exercised by the person who has lawfully disclosed the copyright work.

(3) The provision under paragraph 2 of this Article shall cease to apply once the author’s identity is recognized. In that case, the person under paragraph 2 of this Article shall be obliged to transfer to the author the economic benefits acquired from the exercise of copyright, unless otherwise agreed between them by contract.

Coauthors

Article 19

(1) The copyright in a work created in collaboration of two or more persons shall belong to all those persons (coauthors).

(2) The authorisation of all the coauthors shall be necessary for every use of the work under paragraph 1 of this Article. An individual coauthor cannot refuse to give his consent for reasons that are contrary to the principle of conscientiousness and good faith.

(3) Where the work created by coauthors is composed of independent parts (divisible whole), each coauthor may authorise independent use of his part, provided that such use does not prejudice the use of the joint work or the rights of the other coauthors.

(4) The share of each coauthor in the remuneration from the use of the work shall be determined in a proportion to the real contribution that each one of them had in the creation of the work, unless otherwise agreed by the coauthors.

(5) In case where the real contribution under paragraph 4 of this Article can not be determined, or where no agreement has been reached between the coauthors, each coauthor shall be entitled to an equal part of the remuneration.

PART 3.

CONTENTS OF COPYRIGHT

General Provision

Article 20

(1) The copyright is an indivisible right and it is inseparable from the copyright work.

(2) The copyright is consisting of exclusive moral rights, exclusive economic rights and other rights, provided by this Law.

SECTION 1. Moral rights

Contents of moral rights

Article 21

(1) Moral rights shall protect the author with regard to his personal and spiritual (intellectual) ties to the work.

(2) The author shall have the following exclusive moral rights:

1. Right to claim authorship;

2. Right of first disclosure;

3. Right of protection of the integrity of the work and

4. Right of withdrawal.

(3) The author may not waive the rights under paragraph 2 of this Article.

Right to claim authorship

Article 22

(1) The author shall have the right to claim authorship of the work.

(2) The author shall have the right to have his name, pseudonym, or other designation denoted on each copy of the work, or indicated at each public use of the work, unless the author explicitly declares in a written form that he does not want to have his authorship denoted, or unless at the time of the use it is technically impossible or inappropriate.

Right of first disclosure

Article 23

(1) The author shall have the right of first disclosure of his copyright work and the right to determine the conditions of disclosure.

(2) Until the time of the first disclosure of the copyright work, only the author shall have the right to reveal to the public the content or the description of his work.

Right of protection of the integrity of the work

Article 24

The author shall have the right to object to any modification, distortion, or mutilation of the work, which would be prejudicial to his personality, honor and reputation, as well as to object to the destruction of the work.

Right of withdrawal

Article 25

(1) The author shall have the right to withdraw the right of use from the holder of his economic right, in case where any further use would be prejudicial to his personality, honor, and reputation.

(2) If the author withdraws the right of use under paragraph 1 of this Article, he shall be obliged to compensate the right holder for the damage caused by such withdrawal.

(3) The right holder under paragraph 1 of this Article shall be obliged, within three months from the receipt of the withdrawal, to inform the author of the amount of damage that needs to be compensated. If he fails to do so, the withdrawal shall become valid upon expiration of that time period.

(4) Upon the withdrawal of the right under paragraph 1 of this Article, the economic right shall return to the author.

(5) If the author wishes to transfer again the economic right in his work, he shall be obliged to offer such transfer primarily and under the same conditions to the right holder under paragraph 1 of this Article.

(6) The provisions of this Article shall not apply to computer programs, audiovisual works and electronic databases.

SECTION 2. Economic rights

Contents of economic rights

Article 26

(1) The economic rights shall protect the property interests of the author in his copyright work.

(2) The author shall have the exclusive right to authorize or prohibit the use of his work or copies thereof by any other person, except in the cases provided by this Law.

Types of economic rights

Article 27

Due to the use of the copyright work or its copies thereof, the author shall have the following exclusive economic rights:

1. Right of reproduction of the work;

2. Right of distribution of the work;

3. Right of communication to the public of the work; and

4. Right of adaptation of the work.

Reproduction

Article 28

(1) Reproduction, within the meaning of this Law, shall mean fixation i.e. recording of the work in a material or other appropriate medium (electronic and other), as well as making one or more copies of a copyright work, in whole or in part, directly or indirectly, temporaryily or permanently, by any means and in any form.

(2) The reproduction under paragraph 1 of this Article shall be carried out, in particular, by graphic processes (graphic reproduction), by threedimensional reproduction, by photocopying and other photographic processes achieving the same effect, by building or performing works of architecture, by sound or visual fixation, by storage of the work in electronic form (electronic fixation), and by transfer of the work from an analogue into a digital system.

Distribution

Article 29

(1) Distribution, within the meaning of this Law, shall mean making available to the public an original or a copy of the work, for the purpose of sale or other form of transfer of ownership right or right of possession, including importation and rental, and covering the right of remuneration for lending as provided by this Law.

(2) Importation, within the meaning of this Law, shall mean bringing in the domestic market original or a copy of a copyright work intended for further circulation for commercial purposes.

(3) Rental, within the meaning of this Law, shall mean making available for use an original or a copy of a copyright work for a limited period of time, for direct or indirect economic advantage. The rental shall not apply to constructed works of architecture and originals and copies of works of applied art and design.

(4) Lending, within the meaning of this Law, shall mean making available for use of a copyright work, for a limited period of time, by organizations which are accessible to the public and not for direct or indirect economic advantage.

(5) The right of distribution in the territory of the Republic of Macedonia shall be exhausted with the first sale or other form of first transfer of ownership right of an original or a copy of a copyright work, carried out by the right holder or with his authorisation. The exhaustion shall not apply to the rights of importation, rental and lending.

Communication to the public

Article 30

Communication to the public, within the meaning of this Law, shall be:

1. Public performance;

2. Public transmission;

3. Public exhibition;

4. Public presentation;

5. Broadcasting;

6. Rebroadcasting and

7. Making available to the public.

Public performance

Article 31

Public performance, within the meaning of this Law, shall be:

1. Live speaking or reciting of works in the field of literature;

2. Live performance of musical works and

3. Stage performance or live presentation of dramatic, dramaticomusical, choreographic, or pantomime works.

Public transmission

Article 32

Public transmission, within the meaning of this Law, shall mean communication to the public by loudspeaker, screen or by any other technical means, of the following:

1. Live performance of a copyright work, outside of the space or place where the work is performed live;

2. Audio and/or visually fixed works (phonograms, video grams etc.), from the medium in which they are fixed and

3. Broadcasting of copyright work.

Public exhibition

Article 33

Public exhibition, within the meaning of this Law, shall mean presentation to the public of an original or a copy of a work of fine art, a work of photography or a work created in a process analogous to photography, a work of applied art, design, architecture, spatial planning, cartography, as well as other works of scientific and technical nature.

Public presentation

Article 34

Public presentation, within the meaning of this Law, shall mean presentation to the public, by technical means, of an audiovisual work or of a work of photography, fine art, architecture, spatial planning, applied art, design, cartography, and works of scientific and technical nature.

Broadcasting

Article 35

(1) Broadcasting, within the meaning of this Law, shall mean communication of a copyright work by radio and television program signals intended for reception by the public, either wireless, including satellite, or by wire, including cable, microwave, or other system.

(2) Satellite, within the meaning of this Law, shall be any satellite operating on frequency bands which, according to the regulatives on telecommunications, is reserved for the broadcast of signals intended for the reception by the public or which is reserved for closed, pointtopoint communication, in which case the conditions for the signal reception must be comparable to the conditions for the reception by the public.

(3) Broadcasting by satellite is carried out when, under the control and responsibility of the broadcasting organization, programcarrying signals intended for the public are introduced into an uninterrupted communication chain leading to the satellite and down towards the earth.

(4) If the programcarrying signals are encrypted, the broadcasting by satellite shall be considered as carried out if the decrypting means are provided to the public by the broadcasting organization or by other person, by authorization (consent) of the organization.

Rebroadcasting

Article 36

Rebroadcasting, within the meaning of this Law, shall mean simultaneous, unabridged and unaltered transmission of a broadcast of the copyright work, provided that:

1. It is carried out by a broadcasting organization other than the one which initially broadcasted the work (hereinafter: rebroadcasting);

2. It is carried out by a cable, or microwave system, where the initial broadcast is carried out by a broadcasting organization wireless or by wire (hereinafter: cable retransmission).

Making available to the public

Article 37

Making available to the public, within the meaning of this Law, shall mean communication to the public of a copyright work, by wire or wireless means, including internet or other communication networks, in a way which allows anyone to access the work, from a place and at a time individually chosen by him.

Adaptation

Article 38

(1) Adaptation, within the meaning of this Law, shall mean translation, modification, including audiovisual adaptation, musical arrangement or other alteration of a copyright work or of an expression of folklore, as well as of other written materials, such as translations of official texts which are not made for official use.

(2) The rights in the copyright work created with the adaptation shall in no way affect the rights in the adapted work.

SECTION 3. Other rights of the author

Contents of other rights of the author

Article 39

The author shall have the following other rights:

1. Right of access and delivery

2. Right of resale (right of royalty from resale)

3. Right of compensation for reproduction for private use

4. Right of remuneration for lending and

5. Right of remuneration for rental.

Subsection 1.

Right of access and of delivery

Article 40

(1) The author shall have the right to access the original or the copy of his work in possession by another person, for the purpose of exercising the right of reproduction or adaptation of the work, insofar as it does not conflict with the legitimate interest of the possessor.

(2) The author shall have the right to demand from the possessor to deliver to him the original of the work of fine art or of the photographic work for the purpose of public exhibition or other form of disclosure, if there is justified interest thereof.

(3) The delivery of the original from paragraph 2 of this Article may be subject to suitable security deposit or to insurance in the amount of the market value of the original.

(4) The author shall be obliged to carry out the access and delivery under paragraphs 1 and 2 of this Article, at his own expense, with the least possible inconveniences to the possessor. In case of damage to the work, the author shall be liable regardless of his fault.

Subsection 2. Right of resale (right of royalty from resale)

Right of resale of an original work of art

Article 41

(1) The author shall have the right to be notified and to obtain royalty from every subsequent sale or other disposal of an original of a work of art, as provided by this Law (hereinafter: right of resale).

(2) The right of resale under paragraph 1 of this Article cannot be subject to waive, disposal or judicial execution.

Original work of art

Article 42

(1) An original work of art, within the meaning of Article 41 of this Law, shall mean a work of fine art, graphic art or plastic art, such as: paintings, collages, drawings, grafics, engravings, lithographs, sculptures, ceramics, carvings, tapestries, glassware, photographs or works created in a process analogous to photography, as well as copies of the mentioned works that are considered as originals.

(2) Copies of the mentioned works created by the author himself or made with his authorization in limited numbers, shall be considered as originals. They shall be in a usual manner numbered, signed or otherwise duly indicated by the author.

Amount belonging to the author

Article 43

(1) The author’s royalty from the right of resale shall be determined according to the following rates:

1. 5% for the portion of the sale price from 300 up to 3.000 EUR;

2. 4% for the portion of the sale price from 3.000,01 up to 50.000 EUR;

3. 3% for the portion of the sale price from 50.000,01 up to 200.000 EUR;

4. 1% for the portion of the sale price from 200.000,01 up to 350.000 EUR;

5. 0,5% for the portion of the sale price from 350.000,01 to 500.000 EUR;

6. 0,25% for the portion of the sale price exceeding 500.000 EUR.

(2) The highest amount of the royalty may not exceed 12.500 EUR.

(3) The author’s royalty under paragraph 1 of this Article shall be jointly payable by the seller of art works, the art dealer, the organizer of the auction, or other intermediary who carries out the sale of art works).

(4) The royalties under this Article shall be calculated in MKD counter value according to the standard exchange rate of the National Bank of the Republic of Macedonia on the day of the sale. The basis for calculating the royalties shall be the sale price, excluding the valueadded tax (VAT).

Right of resale of a manuscript

Article 44

(1) If the original (the manuscript) of a literary or musical work has been sold or otherwise disposed of, its author shall have the right to be notified of every subsequent resale and to obtain for each one a royalty in the net amount of 3% of each sale price.

(2) The provisions from Article 43 paragraphs 2, 3 and 4 of this Law shall accordingly apply to the works under paragraph 1 of this Article.

Right of information

Article 45

The author, his successors or the societies for collective management of copyright shall have the right, within three years from the day of the resale of the copyright work, to request from the entities under Article 43 paragraph 3 and Article 44 of this Law any information that may be necessary to secure payment of the royalty from the resale, in particular concerning the titles of the sold works, the owner and the intermediary, the sale contracts and the sale price.

Subsection 3

Right of compensation for reproduction for private use

Right of fair compensation

Article 46

(1) The reproduction for private purpose shall be subject to payment of fair compensation.

(2) The compensation under paragraph 1 of this Article for reproduction of phonograms and video grams shall be paid at the time of the first sale or import of equipment for sound and visual fixation and new blank sound or sound and image carriers.

(3) The compensation under paragraph 1 of this Article for photocopying shall be paid at the time of the first sale or import of photocopying equipment, and upon making photocopies intended for sale, on a monthly basis, according to the possible number of photocopies.

(4) As equipment for sound and visual fixation shall be considered all other devices which enable to achieve the same effect, and as photocopying shall be considered other reproduction techniques, as well.

(5) The author shall have the right to a share of the compensation under paragraph 1 of this Article for the reproduction of phonograms and video grams and for the photocopying of his work, which is carried out for private use.

(6) The right of compensation under paragraph 1 of this Article may not be subject to waive, disposal or judicial execution.

Entities obliged to make payment

Article 47

(1) Producers and importers of equipment for sound and visual fixation, photocopying equipment, blank sound or sound and image carriers, as well as persons carrying out photocopying services, shall be obliged to pay the compensation under Article 46 of this Law.

(2) The entities under paragraph 1 of this Article shall be obliged, upon request by the relevant society for collective management of copyright and related rights, to submit data concerning the type and number of sold or imported equipment and sound or sound and image carriers, as well as data concerning the produced photocopies.

Amount of the compensation

Article 48

(1) The amount of the compensation under Article 46 of this Law shall be determined by the Government of the Republic of Macedonia.

(2) The compensation under paragraph 1 of this Article shall be determined separately for each type of equipment for audio and visual fixation, for each fixation equipment which, due to its construction, does not require any special material to function (in an amount twice as much as the usual), for each sound or sound and image carrier based on the recording time, for each photocopying equipment based on the possible number of copies per minute and based on the possibility to copy in color (in an amount twice as much as the amount for black and white photocopying), as well as for each photocopy intended for sale.

(3) The Government of the Republic of Macedonia shall harmonize the amounts of the compensations under paragraph 1 of this Article according to the fluctuation of the prices and the costs of living in the Republic of Macedonia.

Subsection 4. Right of remuneration for rental

Right of remuneration

Article 49

(1) The author who has transferred his right of rental to the phonogram producer or to the video gram producer (hereinafter: film producer), in accordance with Article 72 and Article 91 paragraph 2 of this Law, shall retain the right of remuneration for every rental of his work.

(2) The author may not waive the right of remuneration under paragraph 1 of this Article.

Subsection 5. Right of remuneration for lending

Right of remuneration

Article 50

(1) The author shall have the right to remuneration for the lending of an original or copy of his copyright work.

(2) The lending right under paragraph 1 of this Article shall not apply to architectural structures, works of applied art and design, or works that are mutually lent among the organizations under paragraph 4 of this Article.

(3) The remuneration under paragraph 1 of this Article shall be payable by the organization, which is carrying out the lending.

(4) Public institutions in the field of science, culture and education (libraries, film archives, scientific and educational institutions) shall be exempted from the duty of payment of the remuneration under paragraph 1 of this Article.

(5) The author may not waive the right of remuneration under paragraph 1 of this Article.

PART 4.

EXCEPTIONS AND LIMITATIONS

General provisions

Article 51

(1) A copyright work can be used without authorization by the author, with or without remuneration, only if the work has been disclosed.

(2) The use under paragraph 1 of this Article can be carried out only in certain special cases, provided that the use does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the legitimate interests of the author.

(3) The provisions under this Part shall not apply to computer programs.

Use without remuneration

Article 52

(1) The use of a copyright work without remuneration shall apply to the following cases:

1. Temporary reproduction of a copyright work, provided the reproduction is of transient or incidental character, and/or it is an integral and essential part of a technological process, provided the reproduction does not, in itself, have an independent economic significance and the sole purpose of which is to enable the transmission of data in a network between third parties by an intermediary or to enable lawful use of the work;

2. Reproduction made by public libraries, educational establishments or museums, or by archives, for the purpose of carrying out their activity and without direct or indirect economic or commercial advantage;

3. Fixation of a copyright work by a broadcasting organization that has an authorization to broadcast the work, if it fixes the work by means of its own facilities and for its own broadcasts, and provided it destroys the fixation within the period for which the broadcasting authorization is valid. If the fixation has exceptional documentary character, it can be delivered and preserved in a public archive;

4. Use of works for illustration for teaching or scientific research to the extent justified by the noncommercial purpose to be achieved, provided that the name of the author and the source is indicated, unless this turns out to be impossible;

5. Use of copyright works for the benefit of persons with special needs (disabilities) in a way which is directly related to the special need (disability), to the extent required by the need and for a noncommercial purpose;

6. Reproduction and communication to the public of texts, articles and other similar works concerning current economic, political, religious and other similar topics, with the purpose to inform the public, to the extent justified by that purpose, unless it is expressly prohibited by the author and provided that the name of the author and the source is indicated, unless this turns out to be impossible;

7. Use of parts of copyright works (quotations), for scientific research, education, criticism, polemics, or review, in a scope and to the extent required by the specific purpose and provided that the name of the author and the source is indicated, unless this turns out to be impossible;

8. Use of works for the purposes of public security, or reporting of [in] a judicial, parliamentary or administrative procedure;

9. Use of political speeches, as well as extracts of public lectures and similar works to the extent justified by the informatory purpose, provided that the name of the author and the source is indicated, unless this turns out to be impossible;

10. Use of works during religious rituals or other official celebrations organized by the state authorities or the local selfgovernment;

11. Use of architectural or sculptural works permanently located in public places (streets, squares, parks, etc.);

12. Use of works in the field of fine and applied art, architecture, industrial design and photographic works exhibited at public exhibitions or at auctions, by the organizer, on posters or catalogues made with no commercial purposes, to the extent necessary for promotion of those events;

13. Adaptation of a work into a parody, caricature, or pastiche, provided that the adaptation does not create confusion with regard to the original of the work and the authorship, and provided the adaptation is in the frames of authorized use of the work;

14. Reproduction of a copyright work onto a sound and image carrier, communication to the public of the work from that carrier, as well as communication to the public of the work that is broadcast, in shops, at fairs and other places where the operation of equipment for recording, reproduction and transmission of sound and image is demonstrated, to the extent necessary to demonstrate the functioning of the equipment. The fixations made on this basis shall be erased immediately;

15. Incidental (secondary) inclusion of a copyright work into some other material.

16. Use of drawings or plans of an architectural object, for the purpose of its reconstruction; and

17. Public communication and making available of a copyright work for the purpose of research or private study in certain locations within the public scientific, cultural, educational and other establishments of similar nature, in case where a work is not subject to purchase, or its use is not

subject to having an authorization, and where the work is contained in the collections/funds of these establishments.

(2) The use of a database or of a copy thereof by the lawful user shall be without remuneration, if it is necessary for access and normal use of its components.

Use of expressions of folklore

Article 53

(1) The use of an expression of folklore shall be without remuneration.

(2) Expressions of folklore shall be used in a respectable manner, without distortion and provided that the source and the origin of the work are indicated.

(3) The public and scientific institution Folklore Institute “Marko Cepenkov” in Skopje shall carry out the administration of the rights from paragraph 2 of this Article.

Use with compensation

Article 54

The use of a copyright work with fair compensation shall apply to the following cases:

1. Reproduction on paper or any similar medium, by way of photocopying or any other analogous technique or other process having similar effects, with the exception of graphic editions of a musical work (sheet music);

2. Reproduction on any medium, made by a natural person for private use, without direct or indirect commercial advantage;

PART 5.

DURATION OF COPYRIGHT

Duration of copyright

Article 55

(1) The economic rights shall run for the life of the author and for 70 years after his death, unless otherwise provided by this Law.

(2) The moral rights shall run for various terms provided by this Law.

Calculation of terms in cases of coauthorship

Article 56

(1) Where the work has been created by a number of authors (coauthors), the term of duration under Article 55 paragraph 1 of this Law shall be calculated from the death of the last deceased author.

(2) In the case of coauthorship of an audiovisual work, the term of duration of the protection shall be calculated from the death of the last alive person from among the following: the principal director, the author of the screenplay, the author of the dialogues and the composer of the music specially for use in the audiovisual work, regardless of whether that person is recognized as author of the audiovisual work according to this Law.

Term of protection of anonymous and pseudonymous works

Article 57

(1) Copyright of anonymous and pseudonymous works shall run for 70 years after the lawful disclosure of the work.

(2) If the pseudonym leaves no doubt as to the identity of the author, or if the author reveals his identity during the period referred to in paragraph 1 of this Article, the term laid down in Article 55 paragraph 1 of this Law shall apply.

Special terms for nondisclosed works

Article 58

Where the term, according to this Law, does not run from the death of the author or authors, and the work has not been lawfully disclosed, the copyright shall run for 70 years after its creation.

Terms of duration of a copyright work disclosed in parts

Article 59

In case where the term of duration of the copyright, according to this Law, is calculated according to the lawful disclosure of the work, and the work is disclosed in volumes, parts, installments, issues, episodes and alike, the term shall be calculated separately for each component part.

Calculation of terms

Article 60

The terms of duration of the copyright protection laid down in this Law shall begin to run on the 1st of January of the year following the event which is the basis for calculation of the terms.

Duration of moral rights

Article 61

(1) The moral right of withdrawal under Article 25 of this Law shall run for the life of the author.

(2) The moral rights of recognition and indication of the authorship, and of protection of the integrity of the copyright work under Articles 22 and 24 of this Law shall continue to run after the expiration of the terms of duration of the economic rights, as provided by this Law.

(3) The author’s successors, as well as, the relevant (professional) association of authors, the persons having legitimate interest, and the Macedonian Academy of Sciences and Arts shall carry out the administration and protection of the moral rights of the author laid down in Articles 22 and 24 of this Law after his death.

Effects from expiration of the terms

Article 62

The copyright work, after the expiration of the terms of duration of the economic rights, as provided by this Law, shall be used without authorization and without remuneration.

PART 6.

TRANSFER OF ECONOMIC RIGHTS

General provision

Article 63

(1) The author may transfer to other entities certain economic rights, in a manner and under conditions provided by this Law.

(2) The transfer under paragraph 1 of this Article may be carried out by succession, by written contract (exclusive or nonexclusive) or in other written way (nonexclusive) by an authorization, statement, approval, etc.

Transfer by succession

Article 64

(1) Economic rights shall be subject to succession.

(2) The author’s successors shall acquire all the rights that would have belonged to the author.

(3) The succession regulations shall be applied to succession of copyright, unless otherwise provided by this Law.

Transfer by contract

Article 65

(1) The author may carry out the transfer of economic rights to other persons by written contract, unless otherwise provided by this Law.

(2) The contract under paragraph 1 of this Article that is not concluded in a written form shall not produce legal effect.

(3) The contract under paragraph 1 of this Article shall contain, in particular, the type of the rights being transferred, their scope, exclusive or nonexclusive, the territory concerned by the transfer of rights, the duration of the transfer, and the author’s remuneration.

(4) Disputed or ambiguous provisions of the contract from paragraph 1 of this Article shall be interpreted in the author’s interest.

Determining the remuneration

Article 66

(1) The author’s remuneration shall be determined according to the principle of equity, the type of the work, the type and the scope of the right of use that is being transferred, the duration, and other relevant circumstances of its use.

(2) If the use of a copyright work generates revenue which is significantly larger than the agreed remuneration, the author shall have the right to demand a revision of the agreed remuneration, which will allow him a more equitable share of the revenue. The author may not waive this right.

(3) In a case when the author’s remuneration is agreed or determined according to the revenue derived from the use of the work, the user of the work shall be obliged to keep appropriate books or other records that may enable determining the amount of the generated revenue.

(4) The user from paragraph 3 of this Article shall be obliged to enable the copyright holder to control the documentation/records from paragraph 3 of this Article, and shall deliver to him the necessary reports on the generated revenue within a reasonable time period, unless the term has been provided by law or by contract.

Nullity

Article 67

The transfer of the following shall be null and void:

1. The copyright, as a whole;

2. The moral rights;

3. Unknown types of use of the copyright work.

Application of the regulations on obligations

Article 68

The regulations governing obligations shall accordingly apply to the contract for transfer of economic rights, unless otherwise provided by this Law.

Active legitimation

Article 69

The rights that belong to the author under this Law, including the right of judicial protection, shall also belong to other copyright holder, in a scope transferred to him by law or by other legal act, unless otherwise provided by this Law.

Scope of transfer (exclusive and nonexclusive)

Article 70

(1) The transfer of an economic right within the meaning of Article 63, paragraph 2 of this Law shall be exclusive or nonexclusive.

(2) The exclusive transfer of an economic right, within the meaning of this Law, shall authorize a single entity to use the work, while the author or any other entity is excluded from the use.

(3) The nonexclusive transfer of an economic right, within the meaning of this Law, shall authorize an entity to use the work, while the author or any other entity is not excluded from the use.

The rule of separate transfer

Article 71

The transfer of any economic right shall not affect the transfer of other economic rights, unless otherwise provided by this Law or by contract.

Presumption of joint transfer

Article 72

Within transferring the right of reproduction, shall be considered that the right of distribution of the copies has also been transferred, unless otherwise provided by contract.

Subsequent transfer

Article 73

(1) A holder to whom an economic right of the author has been transferred, may not, without the author’s authorization, subsequently transfer that right to other entity, unless otherwise provided by contract.

(2) If the subsequent transfer of the right is the consequence of a legal status transformation of the holder, the authorization under paragraph 1 of this Article shall not be required.

(3) If the subsequent transfer of the right is allowed without the author’s authorization, in accordance with law or with contract, the previous and the new holder shall be jointly liable for the author’s claims.

Cancellation of the transfer

Article 74

(1) The author may cancel the contract or revoke the authorization or another written act for transfer of an economic right, if the holder of the exclusive right exploits it to an insufficient extent or does not exercise it at all, thereby significantly harming the author’s interests.

(2) The author may not exercise the cancellation or the revocation under paragraph 1 of this Article where the reasons are attributable to him.

(3) The author may offer to the holder under paragraph 1 of this Article an additional time period for appropriate use of the right.

(4) Upon exercising the cancellation or the revocation under paragraph 1 of this Article, the economic right shall return to the author.

(5) The author shall be obliged to pay adequate compensation for damages to the right holder, if so required by the principle of equity.

(6) The author may not waive the right of cancellation or revocation provided by this Law.

SECTION 1. Types of copyright contracts

Subsection 1. Publishing contract

Publishing contract

Article 75

(1) By a publishing contract the author shall transfer to the publisher the right of reproduction of his work and distribution by printing it in a hardcopy form in a sufficient number of copies intended for the public (hereinafter: right of publication), and the publisher shall pay remuneration to the author, publish the work and distribute the published copies.

(2) The publication right from paragraph 1 of this Article shall not include the right of publication of the work in an electronic form. A separate contract shall be concluded for publication of the work in an electronic form.

(3) The publisher who has the right of publication of the work in a hardcopy form shall have a right of priority, among equal bidders, for the publication of the work in electronic form. The

right of priority shall run for three years from the publication of the work in a hardcopy form. The publisher shall give written reply within 30 days from the receipt of the author’s offer.

(4) By the publishing contract, the right to a pocket edition, periodical edition or publication in sequels, translation and alike, can also be transferred.

Contents of the publishing contract

Article 76

(1) The publishing contract, in addition to the general elements concerning the contents of copyright contracts laid down in Article 65 of this Law, shall include deadline for submitting the manuscript for the purpose of publication, numeral of the separate edition and number of copies for each separate edition.

(2) The remuneration in the publishing contract can be determined as a lump sum, or as a percentage of the retail price of a copy of the edition. In case when the remuneration is agreed as a percentage of the retail price of the sold copies of the work, the publisher shall be obliged to enable the author control in the documentation concerning the sold copies.

Presumption of exclusivity

Article 77

During the validity period of the publishing contract, it shall be considered that the author has transferred exclusively to the publisher the right of publication of the work in the same language, except for newspaper articles, unless otherwise provided by the contract.

Improvement of the work

Article 78

The publisher shall be obliged, for the subsequent editions, to enable the author improvement or alteration of the work, provided this does not cause significant cost for the publisher and does not substantially alter the work, unless otherwise provided by the publishing contract.

Destruction of the work due to force major

Article 79

(1) In case when the manuscript of the work, after submitting to the publisher, is destroyed due to force major, the author shall have the right of remuneration that would have got when the work would have been published.

(2) In case when an entire completed edition is destroyed due to force major before it has been distributed, the publisher shall have the right to prepare a new edition, and the author shall have the right of remuneration as for one edition only.

(3) In case when part of a completed edition is destroyed by a force major before it has been distributed, the publisher shall have the right to print only as many copies as were destroyed, without payment of additional remuneration to the author.

Cancellation and revocation of the contract

Article 80

(1) The publishing contract shall terminate in cases when:

1. The author dies before completion of the copyright work;

2. All agreed editions are exhausted;

3. The term of validity of the contract has expired and

4. Other cases provided by law or by contract.

(2) The author may revoke the publishing contract if the publisher, after the previous edition has been exhausted, does not publish new agreed edition within the time period stipulated in the publishing contract. In case of cancellation, the author shall have the right to keep the received remuneration or to demand payment of the agreed remuneration as well as the right to request compensation for damage.

(3) The edition shall be considered as exhausted, within the meaning of this Law, when the number of unsold copies is less than 5% of all agreed and published edition, and in any case if the number is less than 100 copies.

Destruction of the copies

Article 81

In case when the publisher intends to destroy the unsold copies of the work, he shall be obliged to offer the copies, primary to the author.

Subsection 2. Public performance contract

Public performance contract

Article 82

By the public performance contract the author shall transfer to the user the right of public performance of his work.

Contents of the public performance contract

Article 83

The public performance contract, in addition to the general elements concerning the contents of the copyright contract stipulated in Article 65 paragraph 3 of this Law, can also include the right of the author to control the public performance of the work, and the obligation for the user to allow it to the author, as well as, to provide adequate technical conditions for the performance.

Revocation of the contract

Article 84

In case when the work has not been performed within the agreed time period or under the agreed conditions, the author shall have the right to revoke the contract, to keep the received remuneration, to demand payment of the agreed remuneration, and to request compensation for damage.

Subsection 3. Contract for commission of a copyright work

Commission contract

Article 85

(1) By the contract for commission of a copyright work, the author shall create the commissioned copyright work and deliver it to the commissioning entity.

(2) The entity commissioning the work shall have the right to supervise the work and give instructions, unless it encroaches upon the author’s freedom of creation therewith.

(3) The author shall retain the copyright in the commissioned work, unless otherwise provided by law or by contract.

Subsection 4. Copyright work in the course of employment

Copyright work in the course of employment

Article 86

(1) When a copyright work is created by an employee in the course of fulfillment of his duties or of the employer’s instructions (hereinafter: copyright work in the course of employment), it shall be considered that the economic rights of the author of that work have been exclusively transferred to the employer for a period of five years from the completion of the work, unless otherwise provided by a collective agreement or by employment contract.

(2) After expiry of the term in paragraph 1 of this Article the economic rights shall belong to the employee, while the employer may require exclusive transfer yet again, provided that he pays the employee remuneration for each type of economic rights.

(3) Notwithstanding paragraphs 1 and 2 of this Article, the author shall have the right to remuneration for each rental.

(4) The author may not waive the right stipulated in paragraph 3 of this Article.

Exceptions from the transfer in the course of employment

Article 87

As an exception to Article 86 of this Law:

1. The employee shall retain the exclusive right to use the copyright work created in the course of employment into his collected works; and

2. It shall be considered that the economic rights in computer programs and in databases are transferred to the employer without any limitations, unless otherwise provided by contract.

SECTION 2. Special provisions for copyright works

Subsection 1. Audiovisual work

Audiovisual work

Article 88

Audiovisual work, within the meaning of this Law, shall be a cinematographic or other work expressed in a form of sequence of moving images, whether or not accompanied by sound, regardless of the type of the carrier which contains it.

Authors of audiovisual work

Article 89

Authors of an audiovisual work, within the meaning of this Law, shall be: the author of the screenplay, the principal director and the principal cameraman. When the animation of any kind is an essential element of the work, the principal animator shall also be considered as an author. When the music is an essential element of the work, the author of the music specially created for use in the audiovisual work shall be considered as an author.

Authors of contributions to the audiovisual work

Article 90

The animator and the music author, when not considered as authors of the audiovisual work according to Article 89 of this Law, as well as the set designer, the costume designer, the editor, and the makeup artist shall have copyright only in their own contributions to the audiovisual work (hereinafter: authors of contributions).

Film production contract

Article 91

(1) The film production contract shall regulate the relations between the film producer and the authors of the audiovisual work and the authors of contributions on the other hand, as well as the relations among the authors, according to this Law.

(2) By concluding the film production contract, it shall be considered that the authors and the authors of contributions have transferred to the film producer, exclusively and without limitation, all their economic rights in the audiovisual work, including the right of translation by subtitling or dubbing, unless otherwise provided by contract.

(3) By concluding the film production contract, the authors shall keep the right to remuneration from the film producer for every use stipulated in paragraph 2 of this Article, and the authors of contributions shall keep the right to use their contributions to the audiovisual work separately, unless the rights of the film producer are not infringed by the use.

(4) The authors and the authors of contributions may not waive the rights as in paragraph 3 of this Article.

(5) The film producer shall be obliged, at least once a year, to submit to the authors of the audiovisual work. a report on the generated revenue, separately for each type of use of the work.

Completion of the audiovisual work

Article 92

(1) The audiovisual work shall be considered completed (created) when the principal director determines that the first standard copy of the work, which is the subjectmatter of the contract, is completed.

(2) Alterations to the copy of the audiovisual work under paragraph 1 of this Article shall be permitted only by prior consent of the principal director and the film producer.

(3) When one of the authors or authors of contributions does not complete his part of the audiovisual work or due to a force major is unable to complete it, he may not object to the use of the created part for the completion of the work. The author shall enjoy appropriate copyright in that part.

Revocation of the contract

Article 93

(1) When the film producer does not complete the audiovisual work within five years from the conclusion of the film production contract, or he does not distribute the completed audiovisual work within one year after its completion, the authors may revoke the contract, unless another time period has been agreed.

(2) In the case of revocation under paragraph 1 of this Article, the authors and authors of contributions shall retain the right of remuneration.

Application of other provisions

Article 94

The provisions of this Law on the right of withdrawal under Article 21, paragraph 1, item 4, and Article 25, and on transfer of rights under Articles 71 and 73, shall not apply to the film production contract.

Subsection 2. Computer program

Computer program

Article 95

A computer program, within the meaning of this Law, shall be a program in any electronic form of expression, including the preparatory design material, provided that it is an individual and intellectual creation.

Rights of the author

Article 96

Unless otherwise provided by this Law, the author of the computer program shall have the exclusive economic right to use the program and to authorize or prohibit the use of the program for:

1. Reproduction, as well as loading, displaying, running, transmission or storage of the computer program, insofar as these acts necessitate such reproduction;

2. Translation, arrangement or any other adaptation, as well as reproduction of the results thereof, without prejudice to the rights of the person who made that adaptation and

3. Distribution as well as lending of the original or the copies of the computer program in any form.

Special provisions on the limitation on the rights

Article 97

(1) Unless otherwise provided by contract, the lawful user of the computer program may carry out the acts referred to in Article 96, paragraph 1, items 1 and 2 of this Law without authorization by the right holder, in accordance with its purpose, including for error correction, when they are necessary for its use.

(2) The lawful user of the computer program may, without authorization by the right holder, make a backup copy, if it is necessary for its use.

(3) The lawful user of a computer program may, without authorization from the author, observe, study, or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program, if it is necessary while loading, displaying, running, transmitting or storing the program.

(4) The provisions of the contract which are contrary to paragraphs 2 and 3 of this Article shall be null and void.

Decompilation

Article 98

(1) Reproduction of the code and translation of its form, within the meaning of Article 96, paragraph 1, item 2 of this Law, shall not require authorization from the right holder, if they are indispensable in order to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:

1. Those acts are performed by a licensee, by another lawful user, or by a person authorized by them, acting on their behalf and for the same purpose;

2. The information necessary to achieve interoperability have not previously been available to the persons from paragraph 1, item 1 of this Article and

3. Those acts are confined only to those parts of the original program which are necessary to achieve interoperability.

(2) Information obtained through the application of paragraph 1 of this Article may not be:

1. Used for goals other than to achieve the interoperability of the independently created computer program;

2. Given to others, except when it is necessary for the interoperability of the independently created computer program or

3. Used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.

(3) The provisions of this Article may not be applied in a manner which might unreasonably prejudice the copyright or which would be in conflict with the normal exploitation of the computer program.

CHAPTER THREE RELATED RIGHTS

PART 1. GENERAL PROVISIONS

Subjectmatters of related rights

Article 99

Subjectmatters of related rights shall be the performances of performers; phonograms of phonogram producers; video grams of film producers; programs of broadcasting organizations; publications of publishers and databases of database makers.

Application of the provisions on copyright

Article 100

The provisions of this Law on copyright, relating to: relationship between copyright and ownership right (Articles 69 and Article 11), component parts and titles of a copyright work (Article 13), presumption of authorship and coauthorship (Article 18 and Article 19), definitions of economic rights (Articles 2838), right of exhaustion with the first sale (Article 29 paragraph 5), limitations on the economic rights (Articles 5154), manner of calculation of the terms of duration and effects from their expiry (Articles 60 and 62), and transfer (Articles 6371 and Articles 7374), shall accordingly apply to the related rights.

PART 2. CONTENTS OF RELATED RIGHTS

SECTION 1. Rights of performers

Notion of performers

Article 101

(1) Performers, within the meaning of this Law, shall be actors, singers, musicians, ballet dancers and other persons who by acting, singing, dancing, declaiming, reciting, or in other way perform works of literature and art or expressions of folklore (hereinafter: performers).

(2) Within the meaning of this Law, directors of stage performances, orchestra and choir conductors, editors of sound (masters) or of sound fixation shall be also considered as performers.

Representatives of performers’ ensembles

Article 102

(1) Performers who collectively participate in the same performance, such as orchestra, choir, dancing or drama ensemble, group, or other type of ensemble, shall be obliged to authorize one of the membersperformers of the ensemble as their representative to transfer the rights under Article 106 paragraph 1 of this Law, unless otherwise provided by law or by internal accord of the ensemble.

(2) The authorization from paragraph 1 of this Article shall be given in written form and shall be valid if it is granted by the majority of the performers in the ensemble from paragraph 1 of this Article. The authorization shall contain the rights for which authorization is given, the total

number of performers, their names, signatures of the members granting the authorization, and duration of its validity.

(3) The provisions from paragraphs 1 and 2 of this Article shall not apply to directors of stage performances, conductors and soloists.

Moral rights

Article 103

A performer shall have the following exclusive moral rights:

1. To be recognized as the performer of the performance;

2. To be indicated by his name, pseudonym, or other designation, or the name of the ensemble, the artistic director of the ensemble and the soloist, for each use of the performance, unless it is technically impossible;

3. To object to any alteration, distortion, mutilation or destruction of his performance, and to object to any use of the performance that could be prejudicial to his personality, honor and reputation.

Economic rights

Article 104

(1) A performer shall have exclusive economic rights to authorize or prohibit the use of his performance for:

1. Fixation of his unfixed performance;

2. Communication to the public of his unfixed performance, except for broadcasting where the performance is itself already a broadcast performance or is made from a fixation;

3. Reproduction of the fixation of the performance;

4. Distribution of the original or copy of the fixation of the performance;

5. Making available to the public of the fixation of performance.

(2) Reproduction of a fixation of a performance under paragraph 1 item 2 of this Article, within the meaning of Article 28 of this Law, shall mean making of copies of the fixation.

Other rights of the performer

Article 105

(1) The performer shall have the right to a share of the single equitable remuneration for each communication to the public of a phonogram with his performance, published for commercial purpose, unless otherwise provided by this Law.

(2) The performer who has transferred his right of reproduction of the fixation with his performance to a phonogram producer or to a film producer in accordance with this Law, shall retain the right of remuneration for each rental.

(3) The performer shall have the right to a share of the fair compensation for reproduction for private use according to Article 46 of this Law.

(4) The performer may not waive the rights provided by paragraphs 1, 2, and 3 of this Article.

(5) Publication for commercial purpose, within the meaning of paragraph 1 of this Article, shall mean reproduction of a phonogram in a sufficient number of copies intended for the public.

Transfer of the performing right

Article 106

(1) The performer may transfer to another entity his economic rights of use of his performance by a performing contract.

(2) The performing contract shall be concluded in a written form and shall contain, in addition to the general elements provided by Article 65 of this Law, the title of the performed work and the name of the author of the work, as well as the number and period of broadcasts in case where the contract concerns broadcasting.

Presumption of transfer

Article 107

Unless otherwise provided by the contract, it shall be considered that by the contract for production of a phonogram or audiovisual work, the performer has transferred to the phonogram producer or the film producer all his economic rights, including the right of dubbing of his performance.

Performance in the course of employment

Article 108

The provisions from Article 86 of this Law concerning works created in the course of employment shall accordingly apply to performances in the course of employment.

SECTION 2. Rights of phonogram producers

Notion of phonogram producers

Article 109

(1) A phonogram producer, within the meaning of this Law, shall be a natural person or legal entity who undertakes the initiative, the organization, the financing and the responsibility for the first fixation of sounds of a performance, of other sounds or representation of sounds (hereinafter: phonogram).

(2) A phonogram, within the meaning of this Law, shall be the fixation of sounds of a performance, or of other sounds or representation of sounds, except fixation embodied in an audiovisual work (3) A fixation, within the meaning of this Law, shall be the embodiment (fixation on sound carrier) of sounds or representation of sounds from which they can be perceived, reproduced or communicated by technical devices.

Contents of rights of phonogram producers

Article 110

(1) The phonogram producer shall have the right, to be appropriately indicated by his name or designation, for each use of the phonogram, unless it is impossible.

(2) The phonogram producer shall have the exclusive economic right to use, to authorize or prohibit the use of the phonogram for:

1. Reproduction;

2. Distribution; and

3. Making available to the public.

Other rights of the phonogram producer

Article 111

(1) The phonogram producer shall have the right to a share of the single equitable remuneration for the communication to the public of his phonogram published for commercial purposes.

(2) Phonograms made available to the public shall be considered as phonograms published for commercial purposes.

(3) The phonogram producer and the performer of the performance fixed in the phonogram shall have the right to an equal share of the single equitable remuneration under paragraph 1 of this Article, unless otherwise provided by contract.

(4) In the case from paragraph 1 of this Article, the user shall be obliged for every use to pay the remuneration under paragraph 1 of this Article for the rights of the phonogram producer and for the rights of the performer, unless otherwise provided by this Law.

(5) The phonogram producer shall have the right to a share of the fair compensation for reproduction for private use in accordance with Article 46 of this Law.

SECTION 3. Rights of the film producer

Notion

Article 112

(1) A film producer, within the meaning of this Law, shall be a natural person or legal entity which undertakes the initiative, the organization, the financing, and the responsibility for the creation of the first fixation of an audiovisual work (hereinafter: video gram).

(2) A video gram, within the meaning of paragraph 1 of this Article, shall be the image carrier containing the fixation of moving images, with or without accompanying sound, from which they can be perceived, reproduced or communicated by technical devices.

Contents of the rights of the film producer

Article 113

(1) The film producer shall have the right to be appropriately indicated by his name or designation for each video gram use, unless it is impossible.

(2) The film producer shall have an exclusive economic right to authorize or prohibit the use of his video gram for:

1. Reproduction;

2. Distribution;

3. Public presentation;

4. Broadcasting;

5. Rebroadcasting; and

6. Making available to the public.

Other rights of the film producer

Article 114

The film producer shall have the right to a share of the fair compensation for reproduction for private use according to Article 46 of this Law.

SECTION 4. Rights of broadcasting organizations

Contents of the rights of broadcasting organizations

Article 115

A broadcasting organization shall have exclusive economic rights to authorize or prohibit the use of its programs for:

1. Fixation of the programs into sound and/or image carriers;

2. Reproduction and distribution of the copies of fixations of programs;

3. Rebroadcast;

4. Public transmission, in places accessible to the public and by payment of entrance fees;

5. Making available to the public.

SECTION 5. Rights of publishers

The right of a publisher to fair compensation for reproduction for private use

Article 116

A legal entity or a natural person who lawfully publishes a copyright work in a hardcopy form (publisher) shall have the right to a share of the fair compensation for reproduction for private use according to Article 46 of this Law.

Rights in special cases of publishing

Article 117

(1) A legal entity or a natural person, who for the first time lawfully publishes or in other way discloses a copyright work in which the author’s economic rights have expired shall have exclusive economic rights equivalent to the economic rights of the author, as provided by this Law.

(2) A person who, for the first time lawfully publishes a scientific or a critical commentary or review of a previously published copyright work where the author’s economic rights have expired, shall have exclusive economic rights equivalent to the economic rights of the author, as provided by this Law.

SECTION 6. Rights of a database maker

Notion of a database maker

Article 118

The maker of a database shall be a legal or natural person who undertakes the initiative and responsibility for investing into the creation of a database, if he can demonstrate that he has

carried out a qualitative and/or quantitative substantial investment in the obtaining, verification or presentation of its contents.

Contents of the rights of database makers

Article 119

(1) The database maker shall have exclusive right to authorize or prohibit the reproduction (extraction) and/or distribution of copies, making available to the public, or any form of communication to the public of all or of a substantial parts of the database (reutilization).

(2) The first sale of a copy of a database by the right holder or with his consent shall exhaust the right to control further resale of the copy.

(3) The rights under paragraph 1 of this Article shall apply without prejudice to the current rights in the parts of the database.

Scope of protection

Article 120

(1) The protection of the rights of the database maker shall include:

1. The entire contents of the database;

2. The substantial part of its contents, evaluated qualitatively and/or quantitatively;

3. The insubstantial parts of its contents, when used in repeated and systematic acts which conflict with the normal exploitation or which unreasonably prejudice the legitimate interests of the database maker.

(2) The protection of the database shall not apply to computer programs used for making or operation of databases accessible through electronic means.

Rights and obligations of the lawful user

Article 121

(1) The maker of a disclosed database may not prevent the lawful user of the entire database or of a part thereof, where he is authorized to use only that part, from using the insubstantial parts of its contents, evaluated qualitatively and/or quantitatively, for any purpose.

(2) The lawful user of a disclosed database may not perform acts which conflict with the normal exploitation or unreasonably prejudice the interests of the maker of the database.

(3) The lawful user of a disclosed database may not cause prejudice to the holder of copyright or related rights with respect to works or subjectmatters of related rights contained in the database.

Limitation on the rights

Article 122

The use of the substantial part of the contents of the database by the lawful user shall be without authorization of the right holder and without remuneration, in the case of reproduction:

1. From a nonelectronic database for private purposes;

2. For teaching illustration purposes or for scientific research, as long as the source is indicated and to the extent justified by the noncommercial purpose; and/or

3. Distribution, making available to the public, or other forms of communication to the public, for purposes of public security, in administrative or in judicial procedures.

PART 3.

DURATION OF RELATED RIGHTS

SECTION 1. Duration of the rights of performers

Article 123

(1) The economic performing rights shall run for 50 years after the date of the performance. If within this period the fixation of the performance has been for the first time lawfully published or lawfully communicated to the public, the rights of the performer shall run for 50 years from such publication or communication to the public.

(2) The moral rights under Article 103 of this Law shall continue to run after the expiry of the terms of duration of performing rights, as provided by this Law. The provision on the administration of moral rights from Article 61 of this Law shall accordingly apply to the rights of performers.

SECTION 2. Duration of the rights of phonogram producers

Article 124

The rights of the phonogram producer shall run for 50 years after the date of the first fixation of the phonogram. If within this period the phonogram has been lawfully published for the first time, the rights of the producer shall run for 50 years after the date of publication. If the phonogram was not lawfully published within this period, however it has been lawfully communicated to the public, the rights of the producer shall run for 50 years after the date of such communication to the public.

SECTION 3. Duration of the rights of film producers

Article 125

The rights of the film producer shall run for 50 years after the date of completion of the fixation. If, during that period, the fixation has been lawfully published or communicated to the public for the first time, the rights of the producer shall run for 50 years after the date of first lawful publication or communication to the public.

SECTION 4. Duration of the rights of broadcasting organizations

Article 126

The rights of broadcasting organizations shall run for 50 years after the date of the first broadcast of the program.

SECTION 5. Duration of the rights of publishers and the rights in special cases of publication

Article 127

(1) The rights of the publisher shall run for 50 years from a lawful publication.

(2) The rights under Article 117 paragraphs 1 and 2 of this Law shall run for 25 years from the first lawful publication or disclosure.

SECTION 6. Duration of the rights of database maker

Article 128

(1) The rights of the database maker shall run for 15 years after the completion of the making of the database. If within this period the database is lawfully disclosed, the rights shall run for 15 years after the disclosure.

(2) The term of protection stipulated in paragraph 1 of this Article shall begin to run anew following any substantial change, evaluated qualitatively and/or quantitatively, to the contents of the database, including any substantial change resulting from the accumulation of successive additions, deletions or alterations, which would result in the database being considered to be a substantial new investment, evaluated qualitatively and/or quantitatively.

CHAPTER FOUR

COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS

PART 1.

GENERAL PROVISIONS

Individual and collective management

Article 129

(1) The holders of copyright and related rights may administer the rights provided by this Law individually (separately for each copyright work or subjectmatter of a related right), personally or through a representative, or collectively (jointly for several works or subjectmatters of related rights and for several rightholders) through an organization for collective rights management, in a manner and under conditions provided by this Law.

(2) Collective rights management under paragraph 1 of this Article shall cover legal matters with the users of rights, collection of remunerations from the use and their distribution, and protection of rights before state authorities and other entities.

(3) Copyright and related rights shall be collectively managed only if copyright works and subjectmatters of related rights are disclosed.

(4) Disclosure of fixations of performances shall be considered as disclosure within the meaning of paragraph 3 of this Article.

(5) Through a collective management the rights shall be transferred nonexclusively.

Administration of collective management

Article 130

(1) The collective management shall be administered for the rights provided by this Law where, the rights cannot be administered individually due to the character of the copyright works or subjectmatters of related rights and due to the conditions and manner of their use.

(2) Exclusive rights which are administered individually may also be administered through a collective management.

Rights managed collectively

Article 131

Rights that can be managed collectively shall be, in particular:

1. Communication to the public of nonstage musical works and nonstage literary works;

2. The author’s right of royalty from the right of resale;

3. The author’s right of remuneration for public lending;

4. The author’s and the performer’s right of remuneration for rental of phonograms or video grams;

5. The performer’s right of remuneration for broadcasting and other communication to the public of his performance which in itself is a broadcast or is made from a fixation;

6. The performer’s and the phonogram producer’s right of remuneration from the single equitable remuneration for communication to the public of phonograms with performances published for commercial purposes;

7. The author’s and the publisher’s right of fair compensation for reproduction on paper or similar carrier by photocopying or any other analogous technique having similar effects, for private use;

8. The author’s, the performer’s and phonogram producer‘s right of fair compensation for reproduction of the phonogram for private use;

9. The author’s, the performer’s and film producer‘s right for the reproduction of the video gram for private use; and

10. The right of cable rebroadcasting of copyright works and subjectmatter of related rights which, as an exclusive right, is compulsory managed collectively, except for works and subject matter of related rights that are transmitted by a broadcasting organization, regardless of whether the concerned right is its own or the transmission right has been transferred to it by other right holder.

PART 2.

COLLECTIVE MANAGEMENT ORGANIZATION

Collective management organization

Article 132

(1) Collective management of copyright and related rights shall be carried out by a legal entity founded by rightholders (natural person and/or legal entity) for collective management of rights, that operates on its own behalf and for the account of the rightholders, according to a license from the Ministry of Culture (hereinafter: organization).

(2) The organization shall operate with a nonprofit purpose, according to the principles of rationality and transparency, respecting the rules of competition.

(3) The organization may be founded for particular types of rights or for the rights belonging to particular rightholders.

(4) Certain administrative, technical or assisting matters can be assigned by the organization to another natural or legal person by a written contract.

Duties of the organization

Article 133

The organization shall have duties to:

1. Protect the interests of the rightholders whose rights it manages, by concerning about their use in the Republic of Macedonia and abroad;

2. Carry out legal matters and relations between the rightholders and the users and following proceedings before courts and other entities for the protection of copyright and related rights and the like;

3. Adopt and disclose general regulations for collection and for distribution of remunerations for the use, in accordance with Law;

4. Conclude agreements with relevant organizations abroad;

5. Nonexclusive transfer of copyright and related rights by contract or by other written act;

6. Collect the determined remunerations from the users and administer their distribution to the rightholders, in accordance with law and the general regulations;

7. Request from the users information and documents necessary to determine the amount of the remuneration for the use of rights;

8. Carry out control over the use of copyright works and subjectmatters of related rights;

9. Ensure the internal control, accountability and responsibility of the bodies and individuals within their competence, in accordance with law and the general regulations;

10. Ensure and enable transparency of its operation (ensure to the rightholders access to information concerning the use of rights, the collected funds and the distribution);

11. Ensure and allow to the rightholders control into its operations and the data, in a way, scope and under conditions provided by law and the general regulations of the organization;

12. Provide and maintain premises , staff and other conditions determined by this Law for successful administration.

Members of the organization

Article 134

(1) According to this and other Law, the members of the organization (the rightholders) shall make decisions and manage the rights provided by this Law .

(2) The organization shall manage the rights of all rightholders, whose rights are subject to a license from the Ministry of Culture, in accordance with this Law and the Statute or the Founding Act.

SECTION 1. Notification, submission of data and authorization for use

Entities obliged to submit notification, data and request authorization

Article 135

(1) The user, in the cases from Article 137 items 1, 3 and 4 of this Law, shall be obliged, not later than 15 days prior to the day of the use of copyright works or subjectmatter of related rights, to notify the organization and request an authorization for use, and in a subsequent period, no longer than 15 days following the day of the use, to submit to the organization complete data concerning the used works or other subjectmatter, the place and time of use, and to make payment of the remunerations therefore.

(2) The seller, the art dealer, the organizer of public auction, the art gallery or other intermediary who is selling art works, within the meaning of Article 43 paragraph 3 of this Law, and originals (manuscripts) of literary and musical works provided in Article 44 of this Law, shall be obliged to submit to the collective management organization data concerning the sold works, the owner and the intermediary, the sale contracts and the certificates for the original works, and the sale price, within 30 days after the sale.

(3) The manufacturers and the importers of equipment for sound and visual fixation, photocopying equipment, blank carriers of sound and of sound and image, as well as entities who provide photocopying services shall be obliged, upon request by the collective management organization, to submit data on the type and number of sold or imported equipment and carriers of sound or sound and image, as well as data on the made photocopies per month.

(4) The broadcasting organizations shall be obliged to submit to the collective management organization an overview of the broadcasted copyright works or subjectmatter of related rights, once a month, in a form and with content determined with the regulations under Article 139 of this Law.

(5) The user shall be obliged, without delay, to notify the competent organization of any change of circumstances of the public use or of its termination, for the purpose of modification or revocation of the authorization.

(6) Where, within the meaning of paragraph 1 of this Article, the organization has not been notified, or the complete data have not been submitted, or an authorization was not issued, the competent court shall issue a provisional measure prohibition of use, upon organization’s request.

(7) Where certain services/activities under Article 137 of this Law (catering, accommodation, transport, commercial gallery, concert, interpreting, stage/show, broadcasting and alike) are related to the use of rights which are managed collectively, the authority competent for issuing a license/decision for carrying out the activity shall issue it, if the entity carrying out the activity has previously concluded an agreement with the competent collective management organization.

Control over the use

Article 136

(1) The organization shall have the right to control the use of the copyright works and subject matters of related rights for which it has a license.

(2) The users of copyright works and subjectmatters of related rights shall be obliged to submit to the organization the relevant data concerning the use, as well as to allow inspection into the documents.

(3) When carrying out the control under paragraphs 1 and 2 of this Article, the competent state administration authorities shall be obliged, upon request by the collective management organization, to provide data/information that are of importance for the operation of the organization.

SECTION 2. Remunerations for use Bases for determining the remunerations

Article 137

The remunerations for use of copyright works or subjectmatter of related rights shall be determined according to the following bases:

(1) Where the use of the copyright work or subjectmatter of related rights is indispensable for carrying out of the activity of the user, or such activity is dependant on their use (concert, interpretation, dance activity etc.), the remuneration for use shall be determined, by default, as a percentage from the user’s revenue generated from that use.

(2) Where the use of the copyright work or subjectmatter of related rights is indispensable for the activity of the user, or such activity is dependant on their use, and it is impossible to determine the particular revenue generated from the use (broadcasting activity), the remuneration for that use shall be determined as a percentage from the revenue which includes the broadcasting tax and/or subscription, advertising, sponsorships, grants and revenues from programs sale. The revenue shall not include the value added tax, funds obtained from loans and interest rates of loans.

(3) Where the public use of the copyright work or subjectmatter of related rights does not generate revenue (manifestations, events etc.), the remuneration can be determined as a percentage from the costs necessary for that use, as remunerations or salaries of the authors or related rights holders, or the costs for the space/place where the copyright work or subjectmatter of related rights is used, or other relevant costs.

(4) The remunerations determined under items 1, 2 and 3 of this Article, shall also include the minimum nominal (absolute) amount of remuneration.

(5) If the use of the copyright work or subjectmatter of related rights is not indispensable for the carrying out of the activity of the user, but it contributes to increase the contentment of the final users of its services (accommodation facilities, hotels, exhibition spaces, catering facilities, transportation means and other similar businesses), the remuneration shall be determined as a lump sum, both for permanent and temporary use.

Determining the amount of the remunerations

Article 138

The determination of the amount of the remunerations, shall consider the following:

1. The rights, types and scope of their use;

2. The number of potential users;

3. The category and the size of the space;

4. The duration and the number of uses;

5. The difference in the prices in the activity of the user resulting from the use of works or subjectmatter of related rights;

6. The structure and the character of the program (the broadcasting service format), according to the issued license for broadcasting activity (for broadcasting);

7. Religious, cultural, societal and social interests of the users;

8. Interests of young persons and persons with special needs.

Acts determining the remunerations

(1) The amount of the remunerations for use, unless otherwise provided by this Law, shall be determined by the following:

1. General agreement between the organization and the associations of certain categories of users or their chambers representing majority of the users (general agreement);

2. Individual contract between the organization and individual users (individual agreement);

3. The organization’s general act determining the amount of the remunerations (hereinafter: Tariff).

(2) The general agreement may not specify higher amounts of the remunerations for use than those specified in the Tariff for the same type and scope of use of copyright works and subject matter of related rights by entities having the same or similar activity, and the individual agreement may not specify higher amounts of the remunerations for use than those specified by the general agreement or the Tariff.

(3) None of the parties to an agreement under paragraph 1 items 1 and 2 of this Article may refuse negotiations on a general agreement or individual agreement. The refusal to negotiate by the organization, as well as the unjustified postponement of negotiations with the user or with the relevant associations of users or their chambers, shall constitute grounds for revocation of the license for collective management.

(4) If the user and the organization do not conclude an individual agreement on the conditions and amount of the remuneration, the user shall be obliged to pay the remuneration according to the general agreement or the Tariff.

Procedure for adoption of a Tariff

Article 140

(1) Prior to adopting the Tariff stipulated in article 139 paragraph 1 item 3 of this Law, the organization shall be obliged to request an opinion from the users, the relevant associations of users, or their chambers.

(2) If the entities under paragraph 1 of this Article do not submit their written opinions within 30 days from the day of receipt of the request, it shall be considered that they agree with the Draft Tariff.

(3) If the organization does not accept entirely or partially the opinions of the entities from paragraph 1 of this Article, within 15 days from their receipt, it shall be obliged to request an opinion from the Commission for Mediation in the field of copyright and related rights provided by this Law (hereinafter: Commission for Mediation), regarding the subject of disagreement. The Commission shall give an opinion within 60 days from the day of receipt of the request. The opinion shall include an assessment whether the DraftTariff includes the rights for which the society has a license, as well as whether the remunerations in the Tariff are determined according to the provisions of this Law. If the Commission does not give an opinion within the determined period, it shall be assumed that it agrees with the DraftTariff.

(4) The Tariff shall be published in the “Official Gazette of the Republic of Macedonia”

following its adoption by the competent body of the organization.

Subsection 1. Commission for Mediation

Competence

Article 141

(1) The Commission for Mediation, in addition to the mediation under Article 140 of this Law, shall mediate in the conclusion of agreements for cable retransmission upon request by any party to the agreement, and if both parties request so, it may mediate in the conclusion of agreements for other types of use of copyright works or subjectmatter of related rights.

(2) The Commission for Mediation in the cases under paragraph 1 of this Article shall assist the parties in the conclusion of the agreement and may submit proposals to the parties.

(3) The proposals under paragraph 2 of this Article shall be considered accepted if none of the parties to the agreement expresses its opposition to the proposals within three months from their receipt.

(4) The proposals and the notice of any opposition under paragraphs 2 and 3 of this Article shall be delivered in written by registered mail.

Composition and appointment

Article 142

(1) The Government of the Republic of Macedonia, upon proposal by the Minister of Culture, shall appoint the Commission for Mediation.

(2) The Commission for Mediation shall consist of president and four members for a mandate of four years.

(3) The president and the members of the Commission for Mediation shall be appointed from the renowned independent and objective experts in the field of copyright and related rights who can contribute with their work and knowledge of the application of the rights to the fulfillment of the goals for which it is established.

(4) The president and the members of the Commission for Mediation, prior to their appointment, shall give a written statement that there is no conflict of interests in relation to the competence of the Commission.

Operation Article 143 (1) The Commission for Mediation shall work on sessions and shall make decisions by majority votes from its total number.

(2) The Commission for mediation shall adopt Operational Rulebook.

(3) The Commission for Mediation can invite on its session one authorized representative of each party to the agreement, and other experts from the relevant field. The representatives of the parties to the agreement and the invited experts shall take part in the work of the Commission, without the right to vote.

(4) The administrative and the technical matters of the Commission for Mediation shall be carried out by the Ministry of Culture.

SECTION 4. Distribution of remunerations

General act on distribution

Article 144

(1) The organization shall adopt a general act for the distribution of the remunerations in accordance with law and the Statute or the Founding Act.

(2) The distribution of the remunerations from paragraph 1 of this Article shall be carried out according to the records and data on the use of works or subjectmatter of related rights, and when it is not possible or would cause unreasonable costs it shall be determined as a lump sum, in accordance with the principle of equity.

(3) In order to cover the total costs of operation of the organization, the funds from the collected remunerations provided by the Statute or the Founding Act, in an amount up to 20%, and in a case of the single equitable remuneration, up to 30%, determined by this law.

(4) The individual calculations and the payments of the remunerations shall be carried out at least once a year.

(5) The General Act on Distribution shall be published in the “Official Gazette of the Republic of Macedonia” following its adoption by the competent body of the organization.

Special cases of distribution of remuneration

Article 145 The distribution of the single equitable remuneration/ fair compensation duly determined with Articles 46, 105,111, 114 and 116 of this Law shall be carried out in the following proportion:

1. The compensation collected for reproduction for private use of phonograms or video grams according to this Law, shall be distributed to the authors in 40%, to the performers 30% and to the phonogram or film producers 30%.

2. The compensation collected for reproduction for private use on paper or similar carrier according to this Law shall be distributed among the authors and publishers in an amount of 50% each.

3. The remuneration collected for public communication of a phonogram published for commercial purposes, including broadcasting, according to this Law, shall be distributed among the performers and the phonogram producers in an amount of 50% each.

PART 3.

PROCEDURE FOR ISSUANCE OF A LICENSE FOR COLLECTIVE MANAGEMENT

Request for license

Article 146

(1) The license for collective management shall be issued upon request by the organization.

(2) Enclosed to the request under paragraph 1 of this Article, the organization shall submit a registration document from the Central Registry of the Republic of Macedonia, the Statute or the Founding Act as well as other documentation provided by this Law.

(3) The provision under paragraph 2 of this Article shall accordingly apply to the organization under Article 149 paragraph 3 of this Law.

Contents of the Statute or the Founding Act of the Organization

Article 147

In addition to the elements provided by other Law, the Statute or the Founding Act shall contain provisions concerning the duties of the organization as provided by this Law, in particular:

1. Types and scope of the rights that are managed;

2. Bodies of the organization, their competences, accountability, responsibility, manner of operation, election and discharge;

3. Conditions and manner of obtaining a member status in the organization;

4. Manner and participation of the members in the bodies of the organization and their rights, duties and responsibilities;

5. Procedure for exemption (prohibition) from collective rights management by a right holder, except when the right holder may not waive that right, in accordance with this Law;

6. Procedure for protection of members’ s rights;

7. Procedure for adoption of general acts;

8. Manner of collection of remunerations and principles of their distribution;

9. Establishing procedure and principles for concluding agreements with relevant organizations abroad and manner of exchange information on collective management;

10. Manner and conditions for internal control and supervision over the work;

11. Manner and conditions for transparency in the operation, to the members, to the users and to the wide public;

12. Conditions for termination of the organization and division of the property.

Additional documentation

Article 148

The additional documentation shall contain:

1. Expected and probable number of rightholders and the scope of rights that shall be managed by the organization for collective management, the number of rightholders who have joined the organization and the scope of their rights;

2. Assessment of the financial justification for efficient and economic collective management of determined rights.

3. Evidence that the organization meets certain premises, staff and other conditions (appropriate business premises, equipment for collection and processing of collective management data, and staff qualified in the field of collective management with at least one employee with a degree and one with in economy degree for the accounting duties, through its own administrative service or by assigning the operation to a third party).

Procedure upon request

Article 149

(1) The Ministry of Culture, within 60 days from the receipt of the request, shall take a decision to issue a license or to refuse the request. An administrative dispute may be initiated against the decision before the competent court. (2) For the collective management of copyright and related rights according to this Law, by default, for the same type/use of rights, a license shall be issued to one organization. (3) In the case of the single equitable remuneration/fair compensation duly determined with the Articles 46, 105, 111, 114 and 116 of this Law, a license shall be issued to the organization authorized by the relevant organizations or established by the relevant rightholders among which it is distributed.

(4) If two or more requests have been submitted for the same rights, the Ministry of Culture shall issue the license to the organization for which it shall assess that, according to the submitted documentation, shall manage more successfully with regard to: the fulfillment of the conditions provided by this Law; the scope of the rights and the number of the rightholders.

Beginning with operation

Article 150

(1) The decision for license under Article 149 of this Law shall be published in the “Official Gazette of the Republic of Macedonia” and shall enter into force on the day of publication.

(2) The general acts of the organization (the Tariff and the regulation for distribution of the remunerations) shall be adopted and published by the organization within six months following the day of entering into force of the decision for license in accordance with paragraph 1 of this Article.

(3) The organization shall begin its operation no later than 30 days after the publication of the acts under paragraph 2 of this Article.

(4) The nonadoption of the acts within the time period provided in paragraph 2 of this Article shall constitute grounds for revocation of the license for collective management.

Grounds for refusal of the request

Article 151

The Ministry of Culture shall make a decision to refuse the request if:

1. The complete documentation provided by this Law has not been submitted;

2. The Statute or the Founding Act is not in accordance with this Law;

3. It considers that the organization, based on the submitted documentation, does not fulfill the conditions for successful collective management.

Application of other legislation

Article 152

The procedure for issuing a license shall be in accordance with the provisions of the Law on General Administrative Procedure, unless otherwise provided by this Law.

PART 4.

CONTROL AND SUPERVISION OVER THE OPERATION OF THE ORGANIZATION

Entities for control and supervision

Article 153

(1) The control over the operation of the organization shall be carried out by the competent bodies of the organization and by the rightholders of its managed rights. (2) The Ministry of Culture shall be responsible for supervision over the acts and the operation of the organization with regard to the provisions of this Law.

SECTION 1. Control by the Organization’s bodies

Article 154

(1) Bodies of the organization, competent in accordance with the Statute or the Founding Act, may request:

1. Annual reports from the executive and supervisory bodies of the organization concerning the collected funds, their distribution, the operation of the organization and implementation of the acts on the remunerations, as well as of the agreements with the users and with the relevant foreign organizations;

2. Auditing reports on the financial situation in addition with the opinion on the regularity of the operation in accordance with this Law, the general acts of the organization and the concluded agreements;

3. Proposals for the financial plan and the operational costs for the next year.

(2) The provisions from paragraph 1 of this Article shall not affect the obligations of the organization arising from other financial reports and audits on the basis of other legislation.

SECTION 2. Control by the rightholders

Article 155

(1) Any rightholder, within a time limit determined by the Statute or the Founding Act of the organization which manages his rights, may check up the annual financial report and the report of the supervisory body, and may request a written report on the collected funds from the use of his copyright works or subjectmatter of related rights. The organization shall be obliged to submit such report no later than eight days after the request.

(2) At least one tenth of the holders under paragraph 1 of this Article may request one or more external independent experts to inspect the operation of the organization and to give an expert opinion that shall be forwarded to the Ministry of Culture.

SECTION 3.

Supervision by the competent state authority

Article 156

(1) The Ministry of Culture may demand from the organization, at any time, information, data, or reports on the matters provided by this Law, and may carry out supervision into the acts, the annual financial report, the financial and other documentation.

(2) The organization shall be obliged to notify the Ministry of Culture: on the commencement and termination of duties of the heads and the representatives or authorized persons of the bodies; on concluding general agreements for use of rights; on concluding agreements with relevant foreign organizations; on the amendments to the Statute or Founding Act, as well as on other similar issues. (3) Amendments to the Statute or the Founding Act shall require an approval by the Ministry of Culture. If the Ministry of Culture does not respond within 60 days from the submission of the act, it shall be considered that the approval has been issued.

Supervision measures

Article 157

(1) If, the Ministry of Culture within its supervision over the acts of the organization, considers that a general or individual act is not in accordance with this Law, with the Statute or the Founding Act, it shall make a decision to cease its implementation and shall initiate a procedure before a competent court for assessment of the legality of the act.

(2) If, the Ministry of Culture within its supervision over the operation of the organization, considers that it is not in accordance with this Law, with the license, with the Statute or the Founding Act, or with the general acts on collection and distribution of remunerations, the Ministry of Culture shall make a decision for a first a written warning including a reasonable time limit of at least 30 days for removal of the noted irregularities. If the irregularities are not removed within the given time period, the license for collective management shall be revoked.

(3) The decision revoking the license from paragraph 2 of this Article may be subject of an administrative dispute before the competent court.

SECTION 4. Transparency

Disclosure

Article 158

The organization shall be obliged to disclose once a year the reports on the collective management and on the collected remunerations from the use of works or subjectmatter of related rights, via internet and/or via one of the printed media.

CHAPTER FIVE PROTECTION OF COPYRIGHT AND RELATED RIGHTS

PART 1. GENERAL PROVISIONS

Protection by application of other legislation

Article 159

(1) Copyright and related rights shall enjoy criminal, civil and misdemeanor protection.

(2) The Criminal Code and the criminal procedure legislation, shall be applied to the criminal protection of copyright and related rights.

(3) The legislation on litigation procedure, securing claims, obligations relations, and the provisions of this Law, shall be applied to the civil protection of copyright and related rights.

(4) The legislation on misdemeanors and the provisions of this Law, shall be applied to the misdemeanor protection of copyright and related rights.

(5) The protection of copyright and related rights shall include the protection of technological measures against rights infringement.

(6) The customs measures legislation for protection of intellectual property rights shall be applied to the procedures upon requests for provisional measures, provided by this Law, for the import, export or reexport of a copyright work, a subjectmatters of related rights, or a copy thereof.

Entities entitled to protection

Article 160

(1) A person whose right determined under this Law has been infringed, or there is reasonable doubt that the right will be infringed, and when there is a real threat of a right infringement, unless otherwise provided by this Law, shall have the right to request:

1. Protection of the right and

2. Provisional and other measures, unless otherwise provided by this Law.

(2) The author, the right holder, the person authorized to use the right and the organization (rightholders), shall be considered as entities under paragraph 1 of this Article.

(3) The procedure upon the request under paragraph 1 of this Article shall be urgent.

Solidarity of the parties

Article 161

(1) When a right provided by this Law has been infringed, any of the rightholders may request protection of the right from a third party, as if it is the only rightholder. When the entity who infringed the right fulfills the claims of one of the holders of the same right, his obligation shall cease for the rest rightholders. Within an ongoing court procedure, the rightholders of the same right shall be considered as a joint litigants.

(2) In a case of several infringers of a right provided by this Law, each of them shall be jointly liable for the infringement.

Protection of a collectively managed right

Article 162

When it is confirmed that the right provided by this Law has been infringed, the infringement of the collectively managed right shall not be necessary to be confirmed by the individual holder of that right.

SECTION 1. Protection of technological measures

Notion and contents of technological measures

Article 163

(1) Technological measures, within the meaning of this Law, shall mean any technology, computer program, device or their components, which in their normal course of operation are designed to prevent or restrict acts of infringement of the rights provided by this Law which are not authorized by the rightholder. These measures shall be deemed effective if the rightholder implements them by applying access control or protection process, such as encryption, scrambling or other transformation of the work, as well as by mechanisms for copy control.

(2) It shall be considered that an entity infringes an exclusive right provided by this Law, in the knowledge or with reasonable grounds to know, that it undertakes any activities of circumvention of the effective technological measures for the right protection.

(3) It shall be considered as infringement of the exclusive rights provided by this Law when a person manufactures, imports for the purpose of distribution, distributes, sells, rents, advertises for sale or rental, or possesses for commercial purposes a technology, computer program, device or their components, or provides services without authorization, of any effective technological measures, which:

1. Are promoted, advertised or marketed for the purpose of circumvention of technological measures;

2. Have only limited commercial purpose or use, other than to circumvent;

3. Are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of technological measures.

(4) The provisions of this Article shall accordingly apply to any technology, computer program, device or their components used for removal or alteration of electronic rights management information.

Exceptions

Article 164

(1) The rightholder who uses technological measures shall be obliged, without delay, and in the shortest period possible, upon request from the entity with a legal access to the copyright work, in case of the exceptions and limitations under Article 52 paragraph 1 items 2, 3, 4, 5 and 8 and Article 54 of this Law, to enable it an access and use of the work through removal of the technological measures or by providing other appropriate means.

(2) The conditions under Article 51 of this Law shall accordingly apply to the exceptions and limitations from paragraph 1 of this Article.

(3) The exceptions and limitations within the meaning of this Article shall not apply to the right of making available to the public.

(4) The contractual provisions which are contrary to paragraph 1 of this Article shall be null and void.

Protection of electronic rightsmanagement information

Article 165

(1) It shall be considered that an entity infringes the exclusive economic rights when it knowingly, without authorization, removes or alters any electronic information for the rights management, or if he reproduces, distributes, imports for the purpose of distribution, rents, or communicates to the public a copyright work or subjectmatter of related rights from which electronic rightsmanagement information has been removed or altered without authorization, and in the knowledge or with reasonable grounds to know, that by doing so it induces, enables, facilitates or conceals an infringement of the rights.

(2) Electronic rightsmanagement information stipulated in paragraph 1 of this Article shall mean any information provided by the rightholders which allow to identify the copyright works or subjectmatter of related rights including databases, as well as for the author, any other rightholder, terms and conditions of their use, their appropriate numbers or codes which represent such information.

PART 2.

ACTIONS UPON REQUEST FOR PROTECTION OF RIGHTS

Contents of the right protection

Article 166

The right protection under Article 160 paragraph 1 item 1 of this Law shall contain the following claims concerning:

1. Cessation of the infringement action;

2. Compensation of material damages;

3. Compensation of nonmaterial damages;

4. Civil penalty;

5. Indication of the author;

6. Return of the benefits acquired from the unauthorized use;

7. Removal from circulation of the products from infringed rights

8. Disclosure of the court judgment.

Termination of the infringement action

Article 167

The person from Article 160 of this Law may request from the defendant to cease the infringing action, and/or prohibit such or similar action in the future.

Compensation of material damages

Article 168

If material damages have been caused by an infringement of a right provided by this Law, the person from Article 160 of this Law shall have the right to request compensation of the material damages and compensation of lost profits. The compensation shall be determined in the amount that the defendant would have paid if he had demanded to use the right lawfully (regular remuneration), or in an amount stipulated in the relevant tariffs or general agreement.

Compensation of nonmaterial damages

Article 169

If a moral right has been infringed, regardless of the civil penalty from Article 170 of this Law, and in absence of material damage, the court may determine for the author payment of an equitable pecuniary compensation for the emotional pain and suffering, as a consequence from the infringement of his moral right, if it finds that the circumstances of the case, and especially the degree of the infringement and its duration, have caused that.

Civil penalty

Article 170

(1) If a right provided by this Law has been infringed intentionally or through gross negligence, the person from Article 160 of this Law may request payment of the agreed or the regular remuneration for such type of use, increased for up to 200%, regardless of whether he has suffered material damage as a result of the infringement (civil penalty).

(2) The court shall take into account all the circumstances of the case, and in particular the degree of fault of the defendant, the amount of agreed or regular remuneration, acting upon the request for payment of the penalty of paragraph 1 of this Article and when determining the amount thereof.

Indication of the author

Article 171

If a the moral right is infringed concerning the indication of the name, pseudonym or other designation of the author when using his work, the court may decide to have their additional or correct indication.

Return of the benefits acquired from the unauthorized use

Article 172

The benefits acquired from unauthorized use shall be returned under the regulations on obligations.

Removal from circulation of the objects from infringement

Article 173

(1) If an exclusive right under this Law has been infringed, without prejudice to the claims for compensation of damages and regardless of any determined compensation according to this Law, the entity from Article 160 of this Law shall have the right to request:

1. Removal from circulation of the copies of a copyright work and subjectmatters of related rights that have been made without authorization for the purpose of distribution or when they are in distribution, as well as of the materials and equipment used or intended for infringement, and

2.Their destruction.

(2) The measures under paragraph 1 of this Article shall be carried out at the expense of the entity who has infringed the rights under this Law. (3) The court, pronouncing the measures under paragraph 1 of this Article, shall take into consideration the circumstances of the case, and in particular the proportionality between the seriousness of the infringement and the claims, the interest of the entity under paragraph 1 of this Article for provision of effective protection of rights, as well as the interests of third parties.

(4) The provisions of this Article concerning destruction of architectural works shall apply only in a case of a specially justified reason.

(5) Where the measures under this Article do not correspond to the nature and intensity of the infringement, which may be removed in other way, and if the court considers that the person who has committed the infringement has acted unintentionally or without negligence, the court may determine for the person under paragraph 1 of this Article, if the he agrees with that, a pecuniary compensation in an amount no less than the one which would have obtained from the authorized use of the right.

(6)The destruction measures under this Article shall not apply if the destruction of the equipment used or intended for infringement of a right under this Law would cause greater damage than the damage caused by the infringement of the right, except in case of equipment exclusively or primarily intended for infringement.

(7) The claims from this Article against third parties shall be limited to three years after the person from Article 160 of this Law became aware about the unauthorized production of the objects, or from their distribution or the intention to distribute them, but no later than five years from their unauthorized production or distribution.

Disclosure of the court judgment

Article 174

The person from Article 160 of this Law shall have the right to request publication of the judgment that entered into force, which entirely or partially adopts his claims for protection of copyright and related rights, in the mass media, at the expense of the defendant.

PART 3.

PROVISIONAL MEASURES FOR PROTECTION OF RIGHTS

Contents of provisional measures

Article 175

(1) If the person from Article 160 of this Law submits a request under Article 160 paragraph 1 item 2 of this Law, according to the regulations on securing a claim (proposal or legal action) and makes it probable that the copyright is infringed or there is a threat of infringement, the court may issue a provisional measure for cease or prevention of the infringement, by ordering:

1. Prevention of the direct infringement of the right;

2. Provisional prohibition of right infringement or conditioning such infringement by payment of a pecuniary compensation, i.e. fine for such type of right infringement, or by lodging guarantees to ensure the compensation for such type of use;

3.Seizure or prevention of circulation of a copy which is suspected to infringe the right, so as to prevent its import and distribution for commercial purposes;

4. Other similar measures in accordance with law.

(2) The court may issue the measure from paragraph 1 of this Article against an intermediary whose services are used for the right infringement.

(3) In case of a right infringement for the purpose of commercial benefit, and provided that the person from paragraph 1 of this Article makes it probable that the right infringement threatens to cause him irreparable harm, the court may order a measure for provisional seizure of movable or immovable property, including the blocking of bank accounts and other assets of the infringer. To that end, the court may order the communication of bank and financial documents and access to information. The court shall be obliged to ensure the secrecy of those data, as well as to prohibit their abuse.

(4) The provisional measures from paragraph 1 of this Article may be ordered without hearing of the opposite party, if the person requesting them shows reasonable evidence that he is the rightholder, and evidence that his right has been infringed or there is a threat of infringement, or that any delay would cause irreparable harm to the rightholder. If the provisional measure was taken without hearing of the opposite party, the court shall submit to it the decision on the provisional measure immediately after its execution.

(5) Within the decision, the court shall specify the duration of the provisional measure. If the measure is ordered before filing a legal action, the decision should contain a time period oblidging the person requesting the measure to file a legal action in order to justify the ordered measures, such period being no longer than 20 working days, counted from the day of delivery of the decision to the person proposing the measure.

(6) The legislation on securing claims shall apply on the procedures for issuing provisional measures, unless otherwise provided by this Law.

Measures for preserving evidence

Article 176 (1) Upon the request from Article 175 paragraph 1 of this Law the court may order measures for preserving evidence.

(2) The court may order the measures from paragraph 1 of this Article in particular concerning:

1. Making a detailed description of a copy suspected that infringes the right;

2. Seizure of a copy suspected that infringes the right;

3.Seizure of materials and equipment used in the production and distribution of a copy suspected that infringes the right, as well as any related documents.

(3) The measures from paragraph 1 of this Article may be ordered without hearing of the opposite party, if the person requesting them shows reasonable evidence that he, or the person who has granted him an authorization, is the rightholder, and evidence that the right is infringed or there is a threat of infringement, or if any delay could cause him an irreparable harm. If the measure was ordered without hearing of the opposite party, the court shall submit him the decision on the measure immediately after its execution.

(4) Within the decision, the court shall specify the duration of the measure. If the measure is ordered before filing a legal action, the decision shall contain a time period to oblidge the person requesting the measure to file a legal action in order to justify the ordered measure, in a period no longer than 20 working days, counted from the day of delivery of the decision to the person proposing the measure.

(5) The regulations on securing claims shall apply to the procedures for issuing measures for preserving evidence, unless otherwise provided by this Law.

Providing evidence during the civil litigation procedure

Article 177

(1) Where a party to the litigation procedure invokes specified evidence and claims that such evidence is held by the opposite party or is under its control, the court shall order the opposite party to submit that evidence, determining a time period for the submitting.

(2) In case where the right holder under this Law, as a plaintiff, claims in the legal action that a right infringement committed for a commercial advantage, as well as where he invokes on banking, financial and similar commercial documents in the procedure, papers and similar evidence, and claims that they are held by the opposite party or are under its control, the court shall order that party to submit the evidence, determining a time period for the submitting.

(3) When a party which was ordered to submit evidence denies that the evidence is held by it or under its control, the court may provide evidence in order to establish the facts.

(4) The legislation on civil litigation procedure, concerning right to refuse to testify, shall apply to the right of the party to refuse the submission of the ordered evidence.

(5) The court shall judge the significance of the refusal of the party to submit evidence under the court decision.

(6) The court decision from paragraphs 1 and 2 of this Article may not be subject to a particular appeal.

PART 4.

OTHER MEASURES

Provision of information

Article 178

(1) The person from Article 160 of this Law who has initiated a civil litigation procedure for the protection of rights may request the provision of information on the origin and distribution networks of the work/copy of the work that are used for the infringement of his right.

(2) The request from paragraph 1 of this Article may be submitted in the form of a legal action or a provisional measure against a person who:

1. Has been defendant in a litigation procedure as provided by paragraph 1 of this Article;

2. In the course of his commercial activity possesses a work/copy of a work suspected to infringe the right;

3. In the course of his commercial activity provides services suspected to infringe the right or provides services used in an activity suspected to infringe the right;

4. Is indicated as a person involved in the production or distribution of a work/copy of a work or in provision of services suspected to infringe the right, and at the same time is one of the persons under paragraph 2, items 1, 2, and 3 of this Article. (3) The request from paragraph 1 of this Article may be submitted as the first claim in a legal action consisting of several claims, if the entity against whom the request is submitted is defendant in the main legal action. (4) The request from paragraph 1 of this Article may include, in particular, information concerning:

1. Names and addresses of the producers and distributors, suppliers and other previous holders of the goods, or providers of services, as well as the intended wholesale and retail sellers;

2.The quantity of produced, manufactured, delivered, received or ordered works/copies of works, as well as their prices.

(5) Person against whom the request for provision of information under this Article is submitted may refuse to provide such information for the same reasons for which, he may refuse to testify under to the legislation on litigation procedure. In case where he the provision of information is refused without justified reason, he shall be liable for damages under the legislation on obligations.

(6) The provisions of this Article shall not affect the legislation on the manner of use of confidential information in civil, misdemeanor or criminal proceedings, the regulations governing liability for misuse of the right to obtain information, or the regulations governing the processing and protection of personal data.

(7) The provisions of this Article shall not preclude the application of the provisions on provisional measures and on measures for preserving evidence under this Law.

Preventive actions for protection

Article 179

In order to preserve evidence or for other reasons, the author or the rightholder according to this Law may register and/or deposit originals or copies of his work, phonogram, video gram or other subjectmatter of his right at a notary or at legal representative/attorney’s.

Symbols and designations

Article 180

(1) The rightholder of an exclusive copyright under this Law may denote the original or the copies of his work or the video gram with the symbol © before his name, pseudonym or designation, and the year of the first disclosure. (2) The holder of an exclusive right in a phonogram according to this Law may denote the original or the copies of his published phonogram or their coverage with the encircled symbol p before his name, pseudonym or designation and the year of the first disclosure. (3) Unless the contrary has been proved, it shall be considered that the exclusive rights in the works or phonograms shall belong to the person indicated according to paragraphs 1 and 2 of this Article. (4) The provisions of this Article shall not affect or preclude the administration and protection of the rights determined with this Law.

PART 5.

SUPERVISION

Article 181

Supervision over the implementation of the provisions of this Law with respect to organizations for collective management shall be carried out by the Ministry of Culture.

PART 6.

MISDEMEANOUR SANCTIONS AND MEASURES

Fine for legal entity

Article 182

(1) A fine for misdemeanour in the amount between 1.000 and 1.500 EUR in denar counter value shall be imposed to the legal entity which:

1. Indecently uses expressions of folklore and does not indicate the source and the origin (Article 53 paragraph 2);

2. Does not notify, without delay, the relevant organization for collective management of any change of circumstances of the use or of its termination (Article 135 paragraph 5);

3. Does not notify and does not submit information, documents and data, nor pay the appropriate amount of remunerations to the relevant organization for collective management within the specified periods, and does not allow control the documentation (Article 135 paragraphs 1, 2, 3, and 4);

4. Disable access and use of the work through removal of the technological measures or by other means, to the person who has legal access in a case of limitations and exceptions of right, as determined in Chapter 2, Part 4 of this Law (Article 164);

(2) A fine in the amount between 250 and 600 EUR in denar counter value, shall be imposed to the person in charge within the legal entity for a misdemeanour under paragraph 1 of this Article.

Fine for sole traders and for selfemployed individuals

Article 183

A fine in the amount between 250 and 600 EUR in denar counter value shall be imposed to the sole trader and on the selfemployed individual for a misdemeanour under Article 182 paragraph 1 of this Law.

Fine for natural persons

Article 184

A fine in the amount between 150 and 250 EUR in denar counter value shall be imposed to a natural person for a misdemeanour under Article 182 paragraph 1 of this Law.

Budget revenues

Article 185

The fines under this Article shall constitute revenues for the Budget of the Republic of Macedonia.

Prohibition to business activity, profession or duty

Article 186

For the misdemeanour under Article 182 paragraph 1 of this Law, to the legal entity under Article 182, to the sole trader and to the selfemployed individual under Article 183 may be pronounced, additionally, a prohibition to business activity, profession or duty, with duration of at least one year and not more than two years, counted from the day when the decision has become final.

Terms of obsolesce and enforcement

Article 187

A procedure may not be initiated or conducted for the misdemeanours from Article 182 paragraph 1 of this Law after the expiration of two years from the day the misdemeanour was committed, and the pronounced penalty for the misdemeanour may not be enforced after the expiration of two years from the day when the decision on the misdemeanour has entered into force.

CHAPTER SIX APPLICATION OF THE LAW

General provisions

Article 188

(1) This Law shall apply to all copyright works and subject matter of related rights which, on the day of entry into force of this Law, have enjoyed legal protection according to the Law on Copyright and Related Rights (“Official Gazette of the Republic of Macedonia” No. 47/96, 3/98, 98/2002, 4/2005 and 131/2007).

(2) Authors and related rights holders who are citizens of the Republic of Macedonia or have their headquarters in the Republic of Macedonia shall enjoy protection according to this Law.

(3) Foreign authors and foreign related rights holders shall enjoy the same protection as the persons from paragraph 2 of this Article, according to international agreements ratified in accordance with the Constitution of the Republic of Macedonia.

(4) Foreign authors and foreign related rights holders who do not enjoy the protection under paragraph 3 of this Article shall enjoy protection according to Articles 189195 of this Law.

(5) Foreign authors and foreign related rights who do not enjoy the protection of paragraphs 2 and 3 of this Article, may enjoy the same protection as the persons of paragraph 2 of this Article on the basis of factual reciprocity.

(6) Regardless of the other provisions of this Chapter, foreigners shall enjoy protection under this Law with respect to their moral rights in all cases, and with respect to the right of resale and the databases protected as related rights only on the basis of factual reciprocity.

(7) Reciprocity shall be proved by the person who bases his claim thereof.

Authors and copyright works

Article 189

(1) Protection under this Law shall be enjoyed by the following:

1. Foreign authors who have residence in the Republic of Macedonia;

2. Works that are first published in the Republic of Macedonia or published in the Republic of Macedonia within 30 days from the day of first publication in another country;

3. Audiovisual works whose producer has his principal residence/headquarters in the Republic of Macedonia; and

4. Works of architecture or fine art which, as an immovable property or a component part thereof, are located on the territory of the Republic of Macedonia.

(2) If the copyright work has been created by several authors, the protection according to this Law shall be enjoyed by all of them, if at least one of them meets any of the conditions of paragraph 1 of this Article.

Performers and performances

Article 190

(1) Protection under this Law shall be enjoyed by foreign performers:

1. Who have a residence in the Republic of Macedonia;

2. Whose performances take place in the territory of the Republic of Macedonia;

3. Whose performances have been fixed on phonograms that enjoy protection under this Law; and

4. Whose performances have been incorporated in broadcasting by radio, but without intention of being fixed on phonograms, that enjoy protection under this Law.

(2) If several performers take part in the performance, the protection under this Law shall be enjoyed by all of them, if at least one of them is a citizen of the Republic of Macedonia or has a residence in the Republic of Macedonia.

Producers and publishers

Article 191

(1) Protection under this Law shall be enjoyed by foreign phonogram and film producers whose phonogram or video gram has been first fixed in the Republic of Macedonia.

(2) Foreign publisher, with regard to his related rights, shall enjoy protection under this Law if the edition has been first published in the Republic of Macedonia or has been published in the Republic of Macedonia within 30 days from the day of first publication in another country.

Broadcasting organizations

Article 192

Protection under this Law shall be enjoyed by a foreign broadcasting organization that transmits its programs/broadcasting services through transmitters located on the territory of the Republic of Macedonia.

Comparison of terms of duration

Article 193

Within the scope of application of international obligations, the terms of duration of rights according to this Law shall apply to foreign copyright and related rights holders, who enjoy protection under this Law, and shall expire no later than the date of expiry of the protection granted in the country of which they are citizens or in which they have a headquarters, but in any case no longer than the terms of duration provided by this Law.

Communication to the public by satellite

Article 194

(1) Protection under this Law shall be enjoyed by a foreign author and foreign related rights whose work, performance or subjectmatter of a related right is communicated to the public in the Republic of Macedonia through satellite, if the appropriate programcarrying signals into an uninterrupted communication chain directed towards the satellite and back to earth, are entered and sent to and from the Republic of Macedonia, under the control and responsibility of a broadcasting organization.

(2) The protection, according to this Law, shall be enjoyed, regardless of whether the condition of paragraph 1 of this Article has been fulfilled, if:

1. An uplink station which transmits the programcarrying signals is situated in the Republic of Macedonia; or

2.The broadcasting organization that has commissioned the broadcast by satellite has its principal establishment in the Republic of Macedonia.

Persons without citizenship and refugees

Article 195

(1) Authors and related rights who have no citizenship or whose citizenship cannot be determined stateless persons shall enjoy the same protection under this Law as the citizens of the Republic of Macedonia, if they have a residence in the Republic of Macedonia.

(2) The persons of paragraph 1 of this Article, who do not have a domicile in the Republic of Macedonia or whose domicile cannot be determined, but have a necessary residence in the Republic of Macedonia, shall enjoy the same protection as the citizens of the Republic of Macedonia.

(3) The persons of paragraph 1 of this Article, who have neither residence nor necessary residence in the Republic of Macedonia, shall enjoy the same protection as the citizens of the state in which they have a residence or necessary residence.

(4) The provisions of this Article shall apply to foreign authors and foreign related rights holders with a refugee status, under the legislation of the Republic of Macedonia.

CHAPTER SEVEN

TRANSITIONAL AND FINAL PROVISIONS

Validity of agreements concluded before this Law

Article 196

The provisions of this Law shall not apply to agreements for use of copyright and related rights between a rightholder and a user of the right, concluded before the entry into force of this Law, unless otherwise provided by this Law.

Operation of the collective administration societies

Article 197

The collective administration societies of copyright and related rights which have a license for collective administration and approvals to their general acts for collection and distribution of remunerations, shall have the right to continue their operation according to the provisions of the Law on Copyright and Related Rights (“Official Gazette of RM” No. 47/96, 3/98, 98/02, 4/05, and 131/07) until the time of issuing a licence for collective management under the provisions of this Law, but no longer than one year after its entry into force.

Termination of procedures and annulment of licenses

Article 198

(1) In the case of collective administration societies of copyright and related rights to which, until the day of entry into force of this law, licenses for operation have been issued, and no approval has been issued to their general acts (for remunerations for use of copyright and related rights and for distribution of the remunerations), for which reasons they have not started their operation, the procedures shall be terminated and the issued licenses shall be annulled.

(2) The societies under paragraph 1 of this Article shall have the right to request issuing a license for collective management under the provisions of this Law.

Termination of validity

Article 199

On the day of entry into force of this Law, the Law on Copyright and Related Rights (“Official Gazette of RM” No. 47/96, 3/98, 98/02, 4/05, and 131/07) shall cease to apply.

Delayed application

Article 200

The provisions concerning the right of compensation for reproduction for private use under Articles 46, 47, 48, and 131 items 7, 8, and 9 of this Law, and the right of remuneration for public lending under Article 50 and Article 131 item 3 of this Law, shall apply after one year from the day of entry into force of this Law.

Entry into force

Article 201

This Law shall enter into force on the eighth day following the day of its disclosure in the “Official Gazette of the Republic of Macedonia”.

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