The verdict sparked a copyright war in BiH

13.01.2021. / 12:58

BANJA LUKA – After the Supreme Court of the Republika Srpska determined that the Association of Composers-Music Composers of BiH (AMUS) has no right to a monopoly when it comes to the copyrights of musicians and the revenues collected on that basis, AMUS says that the verdict is essentially nothing. does not change that the owners of cafes, restaurants, shops, gyms and other similar public facilities where music is played, must have a signed contract with them.

FOTO: Pixabay

They say that they have not lost their monopolistic position as long as they have permission to collectively exercise copyright and related rights from the Institute for Intellectual Property of BiH, and all those who refuse to cooperate are threatened with lawsuits, boasting that 99.9 percent of verdicts go in their favor and do not exclude criminal persecution.

We remind you that the company “Dorian”, after three years of fighting in the courts, managed to prove that it did not break the law when playing music in its fitness center when, instead of AMUS, it signed a contract with the company “Limun” from Banja Luka and where the music played through the music service “RadioSparx”.

The radio is part of the music company “Navarr Enterprises Inc”, which deals with licensing music for commercial purposes. They have a license to broadcast hundreds of thousands of songs from artists from around the world.

From AMUS, reacting to the text “Bar owner wins: AMUS has no right to a monopoly” they say the Supreme Court ruled without determining which authors and copyrighted works were involved.

Also, they dispute the business relationship between the companies “Limun” and “Navarr Enterprises Inc”. They claim that the company from Banja Luka works illegally, while for “Navarr Enterprises Inc” they claim that it does not exist legally.

„One cannot just come and present oneself to represent a part of the authors and their repertoire, in order for that to happen it is necessary through documentation that was never submitted by the company that deals with it, as well as part of the documentation from foreign collecting societies, from foreign authors which will indisputably confirm that they are excluded from the collective exercise of copyright“, They say from this association.

They say that the law defines how AMUS collectively represents all authors until those authors declare otherwise.

„An author who does not wish to collectively exercise his rights must individually and legally validly notify AMUS in writing that he does not want AMUS or any other collective organization in the world with which AMUS has a reciprocal agreement to collectively exercise that person’s rights, and that person assumes individual exercise of their copyrights. We emphasize that such a thing was not requested by “Limun”, and thus that so far no author from the subject “list” of the repertoire of the legal entity “Limun” has done so. Users who pay for “Limun” do not regulate the use of copyright works or obtain a legally valid license for such activities, but act illegally, infringe copyright and are prosecuted.“, It is stated in the reaction of AMUSA, which you can read in its entirety HERE.

Navarr Enterpises Inc: It’s intimidation and slander

Responding to numerous accusations, the director of “Limun”, Davor Stanišljević, says that “Navarr Enterprises Inc.” and “Limun” informed the AMUSA Expert Service in October 2016 about the existence and work, about which there is official correspondence, which was signed by General Director of the Professional Service of AMUS.

„AMUS did not request that the contracts with the authors who ceded their works to “Navarr Enterprises Inc” be presented to them, but they dedicated themselves to discrediting us with potential clients. “Navarr Enterprices Inc.” has existed in Florida for 25 years, and pays taxes in the Republika Srpska and BiH, which is easily verifiable and completely transparent to those who care about the truth, and not to deceive the public and discredit our business.“, Says Stanisljevic.

According to him, the court clearly and unequivocally confirmed in the verdict that the author can exercise his rights alone or through a representative, and the representative can be a natural or legal person authorized by the author to represent, which is fully in accordance with the laws governing this area. in BiH, which, as AMUS adds, it intentionally and continuously omits.

“The company” Limun “does not deal with or has ever dealt with the collective exercise of copyright, but exclusively with the sale of software service for public spaces” RadioSparx “which contains music by authors with whom the company” Navarr Enterprices Inc. “has signed representation agreements. “RadioSparx”, a music service that “Limun” distributes on the BiH market, is not a lie or a delusion, no “criminal activity” as AMUS has been trying to place for years through shameful correspondence with our clients and bad public relations, but a valid tool for public facilities in 90 countries they use renowned restaurants, shopping malls, boutiques, etc. We ask the question, how is it possible that 90 countries in the world allow the companies that represent “Navarr Enterprises Inc.” to operate in those countries and their music service “RadioSparx”, if it is really something illegal?“Stanisljevic asked.

Radiation CAPITAL Lee Johnson, vice president of Navarr Enterprises Inc., also wrote in writing, denying claims that the company did not legally exist, adding that according to BiH legislation, they were not obliged to prove anything to AMUS.

He adds that the decision of the Supreme Court is fair, clear and well-argued, and that his company helps thousands of artists to increase their earnings in difficult and very competitive work.

He believes that AMUS is trying in a dishonorable way to legally monopolize the music market in BiH to the detriment of musicians and composers, limiting their choice.

„AMUS should respect the court’s decision and stop intimidating the clients of the music service “RadioSparx”. If AMUS does not stop this reckless behavior, it will find itself accused of defamation, misrepresentation and monopoly.“, Said Johnson in his letter, which you can view in its entirety HERE.

CAPITAL: Dejan Tovilović