Dear authors and music users, answers to all your questions are given by Mr. Bozidar Raicevic, CEO

Question: Does the copyright protection work in Montenegro?
In the field of copyright, the international community has left little space for speculation and improvisation. In fact, number of international treaties and conventions in this field, the EU Directives, the TRIPS Agreement etc. have imposed the duty to national legislators in the field of copyright and related rights to respect minimum rights and standards which are provided by these international legal instruments. Montenegrin national legislation is based on that treaties and conventions. National treatment and minimum rights principles, guaranteed to citizens of Montenegro apply to foreign nationals, with no restrictions.

Question: Is the improvement of situation in practice one of the conditions for the EU accession?
One of the international obligations of Montenegro, in the EU integration process is to provide respect of intellectual property rights. This obligation arises from and is consistent with all international treaties and conventions, and it is also in accordance with the Law on Copyright and Related Rights (“Official Gazette of Montenegro“, No. 37/11). Hence, this legal solution incorporates all requirements set forth in EU directives in regard to copyright and related rights issues and in the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). Effective management of copyright and related rights, either individually or collectively undertaken, is a main condition for a positive evaluation of the maturity of our country to meet the requirements of harmonization with the international community. On the other hand, the effective implementation and enforcement of copyright protection of domestic and foreign authors and rightholders are special requirements for international integration, which directly reflects to reduction of piracy and compliance with legal obligations.

Question: Who and how to determine the Tariff?
Respect of intellectual property rights is a matter of obligation and not a matter of choice. Given the fact that it is a property right, but above all a personal and absolute right of creator, for any kind of use of works the authors’ permition should be required, and for any use thereof the economic equivalent is guaranteed.

The issue of “expensiveness” for respecting copyrighted works is solvable in a manner that anyone who is willing to enjoy another’s intellectual efforts have to pay royalties – or may not use copyrighted works. On the other hand, the use of copyrighted works is subject to the valuation provided for in the Tariff as a kind of price lists. In fact, the Tariff clearly defines existing forms of use and communication to the public of the work and also clearly distinguishes users to whom the use of music is as an essential basis for a profit, and those to whom the use of music is a matter of ephemeral importance to their businesses. Tariffs are usually made by consensus and consent of the authors/rightholders that are members of the Management Board, with respect to the previous negotiations and suggestions of important users of our repertoire.

PAM CG adopted its first Tariff according to the Law on Copyright and Related Rights, published in the “Official Gazette of Montenegro”, No. 11/06. This Tariff is made in accordance with and modeled on Tariffs of collective management organizations in the region, and contains all grounds for the collection of royalties that belonged to the PAM CG on the basis of the license issued by the state authority.

Of course that users always complain and will complain about the amount of royalties set forth in the Tariff and will always want to pay lower royalties for the use of repertoire represented by PAM CG.

What is not generally known is the fact that PAM CG does not represent domestic repertoire only, but on the basis of reciprocal representation agreements (which primarily conclude with organizations from the region), becomes an authorized representative of the interests of foreign authors and rightsholders whose works are broadcasted or communicate to the public in Montenegro.