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Calculation the amount of remuneration for use of the copyright work

The amount of remuneration is fixed by the Tariff as a percentage of income which user realizes from use of copyright work. In case that income can not be reliably established, remuneration is being fixed by implementation of additional criteria set by the Tariff.


Article 163 of Copyright and Related Rights Act

  1. Tariff contains the amounts of remuneration which organization collects from users for certain forms of use of certain objects of protection.
     
  2. Tariff is fixed as proportional amount from the income which user realizes from use of object of protection. That amount must be in proportion to the influence that use of object of protection from the repertoire of the organization, has on user’s income.
     
  3. If user does not realize income, or if the use of object of protection is not in direct relation with income which user realizes, tariff is fixed as proportional amount from the costs for use of objects of protection.
     
  4. If user’s income, i.e. costs, can not be reliably established or if establishing income, i.e. costs, or proportion of tariff amount to income is unreasonably difficult, tariff may be fixed as lump-sum amount. Lump sum is fixed by taking into account the amount of remuneration which is, on the basis of the paragraph 2 and 3 of this Article established for other user which is, according to the used object, economic capacity and other relevant criteria, comparable to the user whose remuneration is being established.
     
  5. If the use of one object of protection is carried out together with the use of other object of protection, i.e. if there are several right holders for one use, tariff is fixed proportionally.
     
  6. Managing Board decides about the Tariff.
     
  7. Tariff is being published in “Official Gazette of Serbia and Montenegro”.