The new Law on Copyright and Related Rights, which entered into force in Kosovo on October 27, 2023, incorporated various new provisions aligned with the EU legislative framework and expanded the protection of copyright and related rights by favoring the interests of copyright holders.
Liability for Copyright Infringement in the Digital Environment
In principle, the content sharing platforms are not considered liable in situations when an online infringement was committed by their users and when, upon becoming aware of this, the platform immediately removed the infringing content or disabled access to it, depending on the nature of the infringing material. On the other hand, when press publications are shared online, the copyright holders are entitled to compensation.
Limitations and Exceptions for Copyright and Related Rights
The new law introduced provisions regulating different types of use of protected works, such as the reproduction of works for private and personal use, the permitted use of orphan works and the permitted use of works for blind and visually impaired persons. Protected works can now be used for purposes of scientific research in terms of “text and data mining”, that is, research organizations and cultural heritage institutions are allowed to reproduce works and extract their data for the purposes of scientific research. Also, cultural institutions are allowed to make out-of-commerce works available online while respecting copyright holders’ rights.
Collective Management of Copyright and Related Rights
Provisions regarding collective management organizations (CMOs) have been introduced regulating their operation, membership, governance, collection and distribution of revenues, transparency, complaints and dispute resolution procedures. CMOs are now responsible for the equitable remuneration of performers and producers of phonograms when their works are used for commercial purposes, as well as for remuneration for cable retransmission.
Alternative Dispute Resolution for Determination of Tariffs
The law introduced provisions regulating the alternative resolution of disputes regarding the determination of tariffs, through mediation or arbitration.
The law stipulates that by June 30 of each year, and by March 31 for retransmission fees, CMOs must publish the draft remuneration fees to be paid by users of protected works in the following year. Representative organizations, authorized representatives of interested users, or other natural or legal persons obliged to pay the fees have 30 days from the fee publication date to notify the CMO and the Kosovo Intellectual Property Office if they do not accept the fees. If there is no objection, the fees are considered approved. In cases of objection, tariffs are suspended and users and copyright holders have up to 120 days to reach an agreement. If no agreement is reached, user representatives can initiate an arbitration procedure within 10 days. If the 10-day period expires without the initiation of an arbitration procedure, the fees will be considered approved for the following year. In case the decision is not accepted, the parties may resort to court.
By: Florentina Grubi-Vula
For more information, please contact Florentina Grubi-Vula.