Ninoslav Volarevic

Contract between Organizations for Collective Administration of Copyright and Related Rights and holders of these rights

in accordance with the law of the Republic of Serbia

            Pecuniary rights of holders of copyright and related rights can be exercised in two ways: individually and collectively. In the case of individual exercise, holders of copyright and related rights decide to realize pecuniary rights by themselves (directly) or through a duly authorized representative. In the case of collective exercise, right holders make a contract with a competent organization of collective administration of copyright and related rights, by which the organization is obliged to exercise and protect pecuniary rights of right holders as a commision agent. In this paper, the author analyses the contract above mentioned, but without any intention of indicating all its specificities.

Herein, nature of the contract is processed, as well as the way of entering into it, and scope of legal effects that the contract produces. Beside presentation of legal opinions which exist in legal theory, legal opinions from court decision of the Republic of Serbia are also stated and cited. What is particularly analysed is legal position of people who have not made the contract with a competent organization whereby they did not notify the organisation of the decision to individually exercise their pecuniary rights. In legal theory, this people are referred to as outsiders. In the paper, the author critically deals with the issue whether an organization is authorized for protection of legal and economic interests of outsiders in the case when stated persons have not entered into the contract. The author expresses the opinion that outsiders and right holders who have entered into the contract with the organization should be treated equally except in the case that outsiders explicitly, in accordance with the law, waive services of the organization. Arguments for opposite legal aspect are also indicated in the paper.

Key words: collective administration of copyright and related rights, organizations for collective administration of copyright and related rights, author, holders of related rights, contract between organizations and right holders, outsiders