Media Study - Medija centar Beograd

copyright holders, although existing statutory license schemes were permitted to remain in force until the end of
1997 (Art. 8). Licenses may only be granted or refused by collecting societies [Art. 9(1)], thus making the
establishment of such societies compulsory. A collecting society may be deemed to be mandated to manage the
cable retransmission rights of a copyright holder if no agreement is expressed [Art. 9(2)]. Broadcasting
organizations are free to exercise their right to license or prohibit cable retransmission of their own broadcasts
(Art. 10). The Directive also provides for mediation in disputes between cable operators and collecting societies
(Art. 11) and for measures to prevent abuse of monopoly powers (Art. 12).
As under the recent amendments to the Serbian Copyright Act from 2009, there are procedures which ensure that
a fair level of royalties is primarily negotiated, however, failing that, there are mediation mechanisms and
ultimately decision mechanisms in place to ensure that goal.
Supporting public awareness in IP rights protection must be done not only by legislative measures but also via
awareness campaigns, education of judges and prosecutors as well as proper training of collective right
management societies.
To achieve benefits of proper Community legislation implementation are also relevant judgments of the Court of
Justice consideration (which judgment is relevant depends of issue tackled).
2.6.2 COE STANDARDS
The most important instrument promoted by the Council of Europe is the European Convention on Transfrontier
Television (ECTT), adopted in 1989 (entered into force in 1993) and amended in 2002. This document is currently
being revised in order to adapt it to the new realities of the media industry.
The Convention applies to all transfrontier programmes regardless of the technical means of transmission (satellite,
cable, terrestrial transmitters, etc.).
Its main provisions cover:
freedom of expression, reception, and retransmission;
right to reply, including the transfrontier character of this right and other comparable recourse;
prohibition of pornography, violence, incitement to racial hatred, etc. ;
youth protection;
the screening of European works during most of the broadcasting time if applicable;
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