08. 02. 2012

ANEM remarks and suggestions for change of SOKOJ tariff

After re-opening negotiations with ANEM on SOKOJ's tariff of fees for broadcasters, as agreed at the meeting held on February 6, 2012, ANEM submitted to SOKOJ on February 8 its written Remarks and suggestions for changes of the Tariff that has recently been enforced.

In addition to stated remarks, ANEM presented in its letter the following proposals for changes of the Tariff:

• The basis for the calculation of the fee - it is necessary to adjust the definition of the basis for calculation to the Law, so that it represents the income that the user achieves by broadcasting activity, within which the object of protection are used;
• Minimum fee - it should be an exception to the rule that the fee is determined as a percentage of income achieved by the user in performing activity whithin which the objects of protection are used; this fee should be related to the net average salary in the Republic of Serbia in December of the previous calendar year, and for 2012, in particular, to be 1/9 of average salary in Serbia in December 2011, namely 4876.33 RSD;
• Monthly reporting on income - this should be an alternative for the stations, rather than their obligation, as they submit copies of Profit and Loss Statement according to their balance sheets;
• Percentage of fees according to the basis for calculation - an increase from the previously applicable Tariff can only be related to stations having over 80% of music repertoire in their programs, while at the same time it is necessary to anticipate a decrease of this percentage compared to the previously applicable Tariff for those stations with musical repertoire under 50% in their program.

New SOKOJ's Tariff for broadcasters entered into force on December 31, 2011, based on the positive opinion of the Commission for Copyright and Related Rights and after its publication in the Official Gazette of Republic of Serbia (98/2011). ANEM is of opinion that the Tariff was not determined in line with the Law, considering that the increased fees, particularly the minimum fees, whose amounts have been enlarged dramatically, are neither appropriate nor proportionate to the importance that the use of musical works has for broadcasters.

Bearing in mind that the remaining of such Tariff in force can seriously affect the operations of a vast number of broadcasters, ANEM will, regardless of the re-opening of negotiations with SOKOJ, take appropriate legal actions for its invalidation.

You can read the full ANEM letter here (available only in Serbian)