Copyright Registration in Serbia
Intellectual PropertybyPavle Stavretović

If you are an author or a company that owns copyrighted work, securing legal protection for your creations may be crucial for you. Copyright Registration in Serbia can provide a solid legal basis in case of disputes or unauthorized use. Companies that have acquired copyright from their employees or contractors (for instance, on software or code) are also eligible to register the copyright in Serbia!

In this blog, we will delve into topics of Copyright Registration in Serbia and Copyright Protection in Serbia, discussing what constitutes a copyrighted work in Serbia and the process of registering or depositing such works.

This blog is tailored for both individual authors and companies that own copyrighted works, offering insights into what qualifies as a copyrighted work in Serbia, how copyright protection operates, and the steps involved in copyright registration in Serbia. We’ll also explore whether registering your work is necessary and how it can help you safeguard your rights.

Copyright in Serbia protects both the moral and economic interests of authors regarding their copyrighted works. The general duration of copyright protection in Serbia (as in the rest of Europe) lasts throughout the author’s lifetime and for 70 years after their death. After this period, the work enters the public domain, meaning it can be freely used, although the integrity of the work and the memory of the author must still be respected.

A copyrighted work refers to any original intellectual creation by an author, presented in a specific form. The protection it receives is independent of its value, purpose, or size. Examples of such works include literary pieces, software, databases, films, musical compositions, choreography, visual arts, architectural designs, maps, photographs etc.

In addition to moral rights, such as the right to be recognized as the author of their work, the right to protect the integrity of the work, the right to prevent the use of their work in a way that could damage their honor or reputation, an author holds several economic rights, including the right to authorize or prohibit:

  • the reproduction and distribution of their work.
  • the rental of copies of the work.
  • the public performance or broadcasting of their work.
  • the adaptation or modification of their work, etc.

These economic rights ensure that the author maintains control over how their work is used and benefits financially from it, while moral rights protect the personal connection between the author and their creation.

Therefore, while moral rights always remain with the author, economic rights can be limited and transferred. This is why many companies acquire the right to economically exploit and further distribute the copyrighted works created by their employees or contractors.

For a work to be eligible for copyright protection in Serbia, it must meet the following criteria:

 1.      Human Creation: It must be an original work made by human effort, not a mere recording or discovery.

2.      Spiritual Content: The work should convey meaning, whether rational or emotional, expressed through the work.

3.      Specific Form: It must have a tangible, recognizable form that allows it to be communicated or used commercially.

4.      Originality: The work must be unique, not a mere replication of existing work. Copyright protection covers the original elements of the work, with the scope of protection depending on the degree of originality.

Hence, copyright in Serbia safeguards both the personal and economic interests of authors, enabling them to preserve the integrity of their work and benefit financially from its use. To assess whether your work qualifies as copyrighted work, you should consider these criteria or consult an intellectual property lawyer in Serbia for a more detailed analysis and estimation.

While copyright registration in Serbia is not mandatory, it is entirely possible and can be highly beneficial! Since copyright protection is automatically granted upon the creation of a work, authors and copyright holders have the option to deposit their works with the Intellectual Property Office. This deposit acts as material proof, which can be crucial in legal disputes – disputes that can severely affect a company’s operations.

Therefore, having concrete evidence of copyright ownership is especially important for businesses looking to protect their intellectual property. For companies, it is vital to establish comprehensive agreements covering all aspects of intellectual property transfer. Failure to do so may result in the loss of intellectual property rights over time and lead to complications with former and future employees or contractors. To secure the full and legal transfer of intellectual property and to provide solid evidence to the Intellectual Property Office when registering copyrighted works, it’s advisable to consult your lawyer.

While depositing a work is not mandatory under copyright in Serbia, it can serve as strong evidence of authorship in legal disputes or cases of unauthorized use. The process of depositing a copyrighted work with the Intellectual Property Office is straightforward and typically takes no more than 30 days once a complete request for copyright registration in Serbia is submitted with the required documentation. Upon completion, the Intellectual Property Office issues a certificate detailing the title, type, and form of the work, along with information about the author and copyright holder.

Hesitant to Register Your Work Due to Concerns About Protecting Business and Trade Secrets?

If you’re hesitant about registering your work due to concerns about losing business and trade secrets, rest assured that the Intellectual Property Office only registers the existence of the work without reviewing its contents. Additionally, to maintain confidentiality, you can submit your work in a sealed box or envelope. For software or IT-related works, you can further enhance security by implementing encryption and password protection for accessing your USB or CD.

Once the work is deposited, the Intellectual Property Office in Serbia takes responsibility for its permanent storage. These records can only be accessed by the applicant or by court or governmental authorities if needed as legal evidence.

By utilizing this service, authors and companies can safeguard their interests under copyright in Serbia, reinforcing their legal standing.

Who Can Register Copyrighted Works in Serbia?

Authors and companies that hold copyright can register their works. For companies, it is essential to first establish and demonstrate the existence of a transfer chain that confirms ownership, leading to the company itself.

The Intellectual Property Office of Serbia is responsible for copyright registration in Serbia and for maintaining the registry of copyrighted works, which is publicly accessible and contains information such as registration number, type, form, title, applicant, author, and submission date.

What Types of Works Can Be Registered for Copyright in Serbia?

Serbian law includes a non-exclusive list of copyrighted works, which encompasses the following:

  • Written works (books, brochures, articles, translations, computer programs with accompanying technical and user documentation in any form of expression, including preparatory materials for their creation, etc.);
  • Oral works (lectures, speeches, orations, etc.);
  • Dramatic, musical, choreographic, and pantomime works, as well as works originating from folklore;
  • Musical works, with or without lyrics;
  • Film works (cinematographic and television works);
  • Visual artworks (paintings, drawings, sketches, graphics, sculptures, etc.);
  • Architectural works, applied arts, and industrial designs;
  • Cartographic works (geographic and topographic maps);
  • Plans, sketches, models, and photographs;
  • Theatrical direction[1].

As a result, this indicates that, beyond these examples, any creation can be classified as a copyrighted work, as long as it satisfies the criteria of being a human creation, possessing spiritual content, having a specific form, and demonstrating originality (even if only in part).

  • Yes, copyright can indeed be introduced as part of a company’s base capital in Serbia! Copyrighted works may be contributed to the founding capital of a newly established Serbian company or added after its formation. In this case, the company founder has the right to determine the value of the copyright. This approach allows for the monetization of copyright and facilitates its transfer to the company by its founders.
  • However, it’s important to note that this procedure differs from copyright registration with the Intellectual Property Office. When copyright is incorporated into a company’s capital, this fact will be registered with the Business Registers Agency of Serbia. This registration provides a formal record of the copyright’s contribution to the company’s assets.

If you’re interested in the procedures and legal aspects of company formation in Serbia, be sure to check out our blog – Company Formation in Serbia: Your Complete Start-Up Guide and Top 10 Reasons for Company Registration in Serbia!

While copyright registration in Serbia is not mandatory, it can be a highly valuable tool for both individual authors and companies. Although copyright protection in Serbia is automatically granted upon the creation of a work, registering or depositing the work with the Intellectual Property Office provides an additional layer of security. It serves as concrete proof that you are the rightful owner, creating a formal record that can be instrumental in legal disputes, particularly when dealing with unauthorized use or copyright infringement.

For companies, copyright registration in Serbia offers particular advantages in establishing clear ownership over intellectual property. This is especially important when collaborating with partners, clients, or employees, as the absence of a formal record can make it challenging to prove ownership rights, particularly in joint ventures, commissioned works, or works created by employees. By registering copyrighted material with the Intellectual Property Office, companies and authors have an indisputable reference that simplifies the resolution of ownership disputes or cases of unauthorized use.

In conclusion, while copyright registration in Serbia is not obligatory, it offers significant advantages in protecting and defending intellectual property rights.

For both authors and companies, it provides peace of mind through solid legal proof that ensures the protection of their creations against infringement or disputes. Securing intellectual property through copyright and copyright registration in Serbia is a practical and effective way to safeguard your work.

If you’re looking to secure and legally protect your brand, reputation, business name, logo, or the names of your products and services from unauthorized use, be sure to read our blog post on Trademark Registration in Serbia!

Copyright Registration in Serbia

[1] Article 2 of the Serbian Copyright Law – https://www.paragraf.rs/propisi/zakon_o_autorskom_i_srodnim_pravima.html  

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