03. 02. 2012

ANEM TAKES NEW STEPS FOR ESTABLISHING MORE APPROPRIATE TARIFFS FOR BROADCASTING OF MUSIC ON RADIO AND TV

Belgrade, February 3, 2012 - The Association of Independent Electronic Media (ANEM) points out that protests caused by the new tariff of SOKOJ have proved that the Association, as a representative organization of users-broadcasters, was right to emphasize the unacceptability of increased tariffs during negotiations with SOKOJ and during the proceedings that took place before the Commission for Copyright and Related Rights and courts.

ANEM intends to address SOKOJ as early as today with the request to urgently schedule a meeting and continue negotiation on tariffs. Regardless of whether SOKOJ will accept this proposal or not, ANEM will file a new lawsuit next week, demanding that the tariffs be annulled and proposing adoption of temporary measure that would postpone its implementation until the court verdict. ANEM will not drop this charge even if SOKOJ agrees to begin new negotiations; the Association intends to drop the lawsuit only if negotiations result in an agreement that would be acceptable to broadcasters. At the same time, ANEM emphasizes that the old tariff from 2009 are not a good basis for a new agreement, since it was also unacceptably high.

Aside from this, ANEM points out that the latest developments, especially the direct involvement of the government in the process of regulation of the amount of fees - as evidenced by the fact that the Government of Serbia has adopted the Proposed Amendments to the Law on Copyright and Related Rights that is to be forwarded to the Serbian Parliament for adoption - demonstrate that the room for maneuvering of SOKOJ and other collective organizations has become more limited. ANEM expects these organizations to act responsibly and guard the collective protection system from excessive intervention by the government.

ANEM will also demand a meeting with the Intellectual Property Office with the aim to assess the results of the implementation of the Law on Copyright and Related Rights from 2009. ANEM is of the opinion that the implementation of the Law and especially the activities of the Commission for Copyright and Related Rights have not lived up to expectations, regardless of how good the intentions behind the adoption of the Law were, and regardless of the fact that the legal model stipulated by the Law (that tariffs are to be mutually agreed or, if that is not possible, have to be evaluated and verified by the Commission for Copyright and Related Rights) is in fact an improvement from the previous situation. Therefore we consider that it is necessary to begin wide-ranging consultations with all stakeholders about the necessary changes of the law.

ANEM calls on its members, as well as all other broadcasters in Serbia, to have in mind that their protest should not jeopardize the role of the media in a democratic society, and that their actions must not be detrimental to needs and interests of readers and viewers. ANEM condemns the hacking attack on the website of SOKOJ and demands that the website be immediately returned to its normal functioning state. ANEM is of the opinion that the first new information to be posted on this website should be an announcement by SOKOJ that it intends to begin new negotiations with broadcasters and abandon the new tariff.

ANEM President, Sasa Mirkovic