11. 09. 2012

A PROTOCOL ON DISCOUNTED SOKOJ FEES IS SIGNED

Belgrade, September 11, 2012 - The Association of Independent Electronic Media (ANEM) has signed a Protocol with the Serbian Music Authors Organization (Sokoj) that ensures substantial discounts and benefits regarding payment of the minimum fees for usage of music content in 2012. The Protocol also solves the issue of the debts from the previous period. The Protocol will come into force eight days after its publication in the Official Gazette of the Republic of Serbia.

ANEM points out that the Protocol constitutes the final phase of longtime efforts to make the amount of the fees appropriate to the circumstances of the media business environment in Serbia. Previously, based on the opinion of the Committee for Copyright and Related Rights issued in December of the last year, Sokoj adopted a tariff effective as of December 31 of the last year, which stipulated drastic increases of the minimum fees. The finalized Protocol specifies discounts for payment of the minimum fees amounting to up to 75 percent of the current fees, as well as certain benefits - like the possibility of payment of previously incurred debt in several installments, as well as writing off the total or partial amount of interest in cases of litigations.

Since ANEM conducted the negotiations not only on behalf of its members, but also in its capacity as a representative association of broadcasters that are users of music content as regulated by the Law on Copyright and Related Rights, the agreed discounts and benefits will be available not only to members of ANEM, but to all other radio and TV stations, provided that they have signed an agreement with Sokoj, that they regularly deliver a list of broadcast content and that they adhere to the payment deadlines specified in the Protocol. The deadline will not be shorter than 60 days for bills from the period between March and end June of this year and 15 days for monthly bills to be delivered by Sokoj after that.

The Protocol stipulates that all radio and TV stations, paying the minimum fee, will enjoy a 50% discount for the period between March 1 and December 31 of this year, independently of the status of their debt from the previous period. The 50% discount on the minimum fee will be applied in addition to regional discounts in cases where they exist in accordance with the current tariff. This practically means that the total discounts will amount to 65% in Eastern and Southern Serbia, 60% in Western and Central Serbia, 55% in Vojvodina and 50% in Belgrade, Novi Sad and tourist centers.

Civil sector stations that already enjoy a 50% discount on the regular minimum fee will be able to accumulate the discounts, specified by the tariff and the Protocol, up to the total amount of 75%. Additionally, the Protocol stipulates equalizing the possibility to use discounts by civil sector stations and the stations that broadcast most of their program in one or more minority languages in local, ethnically mixed communities. Sokoj will approve this benefit on the basis of a certificate issued by the Republic Broadcasting Agency (RBA), proving that the program of a station is mostly broadcast in one or several minority languages.

Debts from the previous period, which are not a subject of litigations, can be paid in several installments, without any interest, until March 31 of the next year, on the basis of agreements to be signed individually between stations and Sokoj. Debts that are subject of litigation proceedings can be paid until the same deadline, but increased by the amount of court expenses - however, the Protocol stipulates that Sokoj is obliged to write off 50% of the interest on these debts. Regarding the January and February invoices already sent by Sokoj, a new deadline would be defined for their payment, including a 20% discount.

Additionally, the Protocol stipulates that Sokoj will provide free training for all interested stations in September and October, on the use of the online portal for delivery of program lists. ANEM and Sokoj will monitor and evaluate the functionality of the portal. Taking into account the objective possibility of its use by most of the stations, they will jointly set a date as of which the delivery of program lists via the online portal will become necessary for realization of discounts. At the same time, ANEM and Sokoj will analyze the effects of the Protocol during the autumn, with the aim to negotiate a new agreement applicable to fees in 2013.

ANEM believes that conclusion of the Protocol with Sokoj, which ensures a significant reduction of the fees for usage of music content in 2012, is the best that could be achieved at the moment. ANEM is thankful to the Intellectual Property Office, whose intervention has led to successful negotiations, as well as to numerous stations from all regions of Serbia, including those that are not members of the Association, which had offered many and extremely helpful proposals and suggestions.

ANEM calls on all of its members, as well as all other broadcasters in Serbia, to take advantage of the discounts and benefits stipulated by the Protocol, and to participate in the training on usage of the online portal for delivery of program lists, in order to prevent legal proceedings related to this issue. ANEM will monitor the implementation of the Protocol and continue to strive to achieve better conditions for electronic media in Serbia.

ANEM President, Sasa Mirkovic