14. 03. 2014

PROTOCOL ON COOPERATION BETWEEN ANEM AND SOKOJ

As a representative association of broadcasters - users of musical copyright works, ANEM has today, after lengthy negotiations, achieved with SOKOJ an agreement on the Protocol on Cooperation, which  in comparison with previous protocols of 2012 and 2013 contains significant innovations.

Specifically, the Protocol on Cooperation envisages the establishment of a joint expert committee consisting of representatives of ANEM and SOKOJ, whose task is to prepare the conditions for starting new tariff negotiations. By the protocol SOKOJ is obligated to initiate negotiations on tariffs immediately after receiving the opinion of the Committee that conditions are present for negotiations on tariffs that will lead to an agreement within the statutory time limit, and in case of a change of the Law on Copyright and Related Rights, negotiations will be initiated within 30 days from the entry into force of the amended law.

Additionally, unlike in the previous protocols for 2012 and 2013 that were applicable for the calendar year in which they were passed, this protocol will be applicable from 01.01.2014. until the conclusion of the Agreement on tariff of fees to be paid for the use of music repertoire of SOKOJ.

This Protocol has, in comparison to the applicable Tariff, enabled broadcasters significant discounts and benefits for payments of minimum fee for the use of musical copyright works, which will under same conditions be able to be used by all radio and TV stations paying the minimal fee. It also regulates the issue of settlement of debts from the previous period.

DISCOUNTS AND BENEFITS FOR PAYMENT OF MINIMUM FEES:

• Each station that has a basis for the application of the minimum fee, regardless of the existence and amount of the debt, shall be granted a discount of 50 % on the calculation of the minimum fee for the period starting from 01.01.2014. provided that:

1. it has a contract with SOKOJ,

2. it pays the reduced fee in its entirety as calculated by SOKOJ, within the deadline specified in the invoice, and which may not be less than 15 days from the date of the invoice,

3. in an agreed time frame submitted lists of musical works - the "jackets", in the manner and form provided by the SOKOJ portal.

• In addition to the 50 % discount, deductions are implemented in relation to the region in which the user is registered , as follows:

1. 10 % for the region of Vojvodina,

2. 20 % for Central and Western Serbia,

3. 30% of the Eastern and Southern Serbia.

• All discounts are applied cumulatively and cannot exceed 75 % of the minimum charge.
• For the civil sector stations, as before, the fee is calculated at 50 % of the amount determined by the tariff, and for the resulting amount the discounts are calculated. The same is true for stations which broadcast the major part of the program in languages ​​of national minorities, provided they submit the appropriate certificate from RBA.
• SOKOJ has committed itself to clearly indicate in the invoices the amount of the full fee and the amount of the reduced fee ( inclusive of discount ), and the deadline for payment of reduced fees.
• Deadlines for paying monthly bills for a minimal fee with reductions:

1. for January 2014. - 31 March 2014;

2. for February 2014. - 25 April 2014;

3. for March 2014. - 15 May 2014;

4. for April 2014. - 31 May 2014;

5. for each month after April 2014. - 25th day of the following month (rule will be in effect until the termination of the Protocol).

BENEFITS FOR DEBT PAYMENT:

• For unpaid claims from 1 January 2012 to 31 December 2013, with no litigation initiated up to 10 March 2014, a discount is granted on the remuneration due in the amount of 30% on all amounts to be paid by 31 August 2014, regardless if the total amount owed is paid by the subject date.
• If no litigation is initiated by 10 March 2014 SOKOJ will, at the request of a broadcasters who does not want or cannot take advantage of the 30% discount on the payments of owed ​​amount, enter with that broadcaster into an agreement on the settlement of debt not under litigation in monthly installments payable by 29 December 2014, provided that the request was submitted up to 31 August 2014.
• For claims that are under litigation up to 10 March 2014, and the ruling has not been made, SOKOJ will at the request of the broadcaster offer court settlement that includes the payment of the principal debt, the costs of litigation, and 50% of the legal interest rate, in at least 5 installments up to 29 December 2014, provided that previously an agreement is concluded on the settlement of the debt not under litigation.

The Protocol will enter into force within 8 days from the date of publication in the Official Gazette of RS .

The text of the Protocol is available (only in Serbian) here.