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Media Study - Medija centar Beograd

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A possible model could look like this:<br />

1. Consider current must carry rules sufficient as long as cable networks are not fully digitized.<br />

2. Reconsider must carry rules to ensure plurality not only by transmitting programs which in themselves<br />

satisfy plurality requirements (e.g. public broadcasters) but also to ensuring plurality and diversity<br />

between channels or platforms.<br />

3. Consider a system whereby a fair (i.e. balanced) level of fees is paid for must carry rules; such a system<br />

could include negotiations followed by mediation mechanisms.<br />

SWOT Recommendation 2<br />

Strength Plurality of content disseminated over cable networks is better safeguarded in<br />

accordance with assumptions underlying the EU Acquis and expressed by the CoE<br />

on the role of cable in Eastern Europe<br />

Weakness The economic freedom of cable operators is affected.<br />

Opportunity Potentially more quality content over cable and the potential to disseminate<br />

more non – linear services over upgraded/digitized cable networks<br />

Threat Strong opposition from cable operators must be expected<br />

3.5.3 RECOMMENDATION ON COPYRIGHT DIRECTLY PERTAINING TO MEDIA OPERATIONS<br />

Background<br />

Regulatory forbearance, as new rules have just been enacted and no experience exists regarding their efficiency<br />

and regarding the efficiency of their implementation. However, it is strongly recommended to encourage the<br />

implementation of institution building programs, possibly in a larger context of an IPA project on IP enforcement<br />

which is currently being prepared by the Ministry of Trade, since the recent upgrades to the copyright law in Serbia<br />

reflecting European standards and the mechanisms to establish the appropriate level of copyright royalties seem<br />

unknown to most stakeholders. All stakeholders in the field of IP should be encouraged to cooperate in copyright<br />

enforcement matters.<br />

Recommendation<br />

It is recommended to implement institution building programs on IP enforcement to increase knowledge on<br />

European standards in copyright royalties and to go ahead in cooperation with relevant European and worldwide<br />

acting institutions (audiovisual works producers’ rights in retransmission in particular).<br />

96

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