WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/MKD/C/1 
17 December 2003 
 (03-6636) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
   The present document reproduces the text
1 of the Law on Alterations and Additions to the 
Law on Copyright and Related Rights, as notified by the Former Yugoslav Republic of Macedonia 
under Article 63.2 of the Agreement (see document IP/N/1/MKD/1). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE 
   Le présent document contient le texte
1 de la Loi portant modification et adjonction de la Loi 
sur le droit d'auteur et les droits connexes, notif iée par l'ex-République yougoslave de Macédoine au 
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MKD/1).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
EX REPÚBLICA YUGOSLAVA DE MACEDONIA 
 
  En el presente documento se reproduce el texto
1 de la Ley de Modificaciones y Adiciones a la 
Ley de Derecho de Autor y Der echos Conexos, que la ex Repúb lica Yugoslava de Macedonia ha 
notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MKD/1). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/MKD/C/1 
Page 2  
 
  
L A W 
 On Alterations and Additions to the Law on Copyright and Related Rights 
Adopted by the Assembly of the Republic of Macedonia on 24.12.2002 
 
CHAPTER I 
GENERAL PROVISIONS 
 
Art. l 
This Law regulates the right of authors on their wo rks of literature, science and art (hereinafter 
"copyright") and the rights of performers, producers of phonograms, film producers and stage 
producers, broadcasting organizati ons and publishers (hereinafter "related rights") in their 
performances and other subject matter of related ri ghts, as well as the impl ementation and protection 
of copyright and related rights. 
Art. 2 
Within the meaning of this Law 
 l) "Public" means the availability of a copyright  work, under equal conditions, to an unspecified 
number of persons outside the usual family circ le or the circle of personal acquaintances; 
 2) "Disclosure" means making available to the public of a copyright work, in any manner or form 
expressed in a material and immaterial form. The disc losure expressed in a material form shall include 
reproduction, distribution, publica tion, rental and public presentation. The disclosure expressed in 
immaterial form (hereinafter as: communication to the public) shall incl ude: public performance, 
public transmission, public presentation, broadc asting and re-broadcasting. The disclosure is 
expressed in a modified form by modification. 
 
3) "Reproduction" means making a copy of a copyright  work fixed on a material medium, regardless 
of the type of copy, the number of copies and the method;  4) "Distribution" means putting into circulation or offering to the public an original or a copy of a 
copyright work by sale or other form of transfer of  ownership, including the importation of an original 
or a copy for further circulation; 
 5) "Publication" means reproduction of a copyright work in a sufficient number of copies and their distribution;  
6) "Rental" means offering the use of an original or  a copy of a copyright work for a limited period of 
time, for the purpose of direct or indirect economic benefit;  
7) "Public exhibition" means disclosure of an original  or a copy of a work of fine art or photography 
or a work produced in a manner analogous to photography, a work of applied art, design, as well as works of a scientific and technical nature; 
 
8) "Public performance" means live disclosure, or disclosure via technical means, of a literary or musical work, including live disclosure of a stage work;   IP/N/1/MKD/C/1 
 Page 3 
 
 
 9) "Public transmission" means disclosure of a performance or other use of copyright outside the 
space or place of performance or other use, re gardless of the means, manner and method of 
transmission (loudspeaker, screen and the like);  10) "Public presentation" means disclosure, via technical means, of a cinematographic or other 
audiovisual work or work of photography, fine ar t, architecture, urbanism, applied art, design, 
cartography and works of a scientific and technical nature;  11) "Broadcasting" means disclosure of copyright works via radio and television program signals, 
wireless, including satellite in c oded or non-coded forms or by wi re, including cable or microwave 
systems. Broadcasting also covers transmi ssion via television program signals on demand; 
 12) "Re-broadcasting" means simultaneous, comple te and unaltered disclosure of a work already 
broadcast, when done by other radio or televisi on organization or when transmitted via cable or 
microwave systems and involving more than 100 cable  connections or the work  is initially transmitted 
from another country (cable retransmission); 
 13) "Modification" means translation, reworki ng, adaptation, arrangement or other method of 
transformation of an original copyright work. 
 
CHAPTER II 
 
COPYRIGHT 
 
Section 1 
 
Copyright Work 
 
Art. 3 
 
A copyright work, within the meaning of this La w, is an individual and intellectual creation of 
literature, science, the arts and other domains of cr eation, regardless of the type, manner and form of 
expression, unless otherwise provided in this Law. 
 A copyright work shall include, in particular, - a written work such as a literary work, article, essay, manual, brochur e, scientific study, treatise and 
the like; 
- a computer program, as a literary work; 
- a spoken work, such as an address, sermon, lecture and the like; - a musical work with or without words; - a dramatic, dramatico-musical work and a work of puppetry; - a choreographic work and a work of pantomime, fixed on a material medium; - a photographic work and a work produced in a manner analogous to photography; 
- a cinematographic and other audiovisual work; 
- a work of fine art, such as a pain ting, graphics, sculpture and the like; 
- an architectural work;  - a work of applied art and design; - a cartographic work, plan, sketch, technical drawing,  project, table, plastic work and other work of 
identical or similar character in the domain of ge ography, topography, architecture or other scientific, 
educational, technical or artistic nature.  IP/N/1/MKD/C/1 
Page 4  
 
 Art. 4 
 
Component parts and the title of a copyright work that are individual intellectual creations by 
themselves shall enjoy the same protection as the work itself.  
It shall not be permitted to use for the title of a c opyright work a title that h as already been used for a 
work of the same type, if that title would create or w ould lead to confusion in respect of the copyright 
work.  
Art. 5 
 
An idea, concept, discovery or an official text fro m the legislative, executive or judicial sphere and 
their translation when published as an official text (hereinafter "other work"), within the meaning of 
this Law, shall not be considered a copyright work.  Art. 6 
 
The modification of a copyright work, other work or a work of folk literature and folk art that is an 
individual and intellectual creation shall be considered an independent copyright work. 
 The modification of a copyright work that in any wa y affects the rights of the author of the original 
work shall not be permitted. 
 
Art. 7 
 
A collection of copyright works, works of folk litera ture and folk art, other works or other materials 
such as encyclopaedia, anthology, miscellany, datab ase, collection of documents and other collections 
which, according to the selection, purpose or arrange ment of their contents, constitute i ndividual and 
intellectual creations, shall be an independent copyright work. 
 The inclusion of an original work in a collection may not infringe the authors' rights in such work. 
 
The inclusion of another work or other material in  a collection shall not make that work or other 
material a copyright work.   
Art. 8 
 Works of folk literature and folk art shal l be used in accordance with this Law. 
 
Section 2 
The Author 
 
Art. 9 
 
The author, within the meaning of this Law, is a natural person who has created a copyright work. 
 
Art. 10 
 A person whose name, pseudonym or designation is denoted in the customary manner on the work or 
is stated at the time of its disclosure shall be considered as an author, until proved to the contrary. 
  IP/N/1/MKD/C/1 
 Page 5 
 
 
 Where the author is unknown, the person who disclos es the work shall be entitle d to exercise author's 
copyright.  The provision of this Article, paragraph 2, shall cease to be valid when the aut hor has been identified. 
In that case, the copyright holder of paragraph 2 is ob liged to assign to the author the benefits deriving 
from the author's copyright, unless otherwise provided by contract. 
 
Art. 11 
 
If the copyright work created by two or more pe rsons in collaboration constitutes an indivisible 
whole, to all the persons (hereafter co-authors) sha ll be appertained an indivisible copyright of that 
work.  The share of each co-author shall be determined in proportion with real contribution of each one to the 
creation of the copyright work, unless otherw ise determined by contract between them. 
 
All co-authors shall jointly decide about the use of the work of this Article, paragraph 1, and none of 
them shall have the right to prevent the use of th e work contrary to the principles of good reason and 
good faith.  If a copyright work, within the meaning of this Ar ticle, paragraph 1, constitutes a divisible whole, 
each co-author shall have a copyright of his contribution to the work. 
 
Art. 12 
 
If several authors gather their works for the purpose of joint use, the provisions from Article 11 of this 
Law consequently shall be applied. 
 
Section 3 
 
Contents of Copyright 
 
Subsection 1 
 
General Provisions 
Art. 13 
 Copyright belongs to the author on the basis of the creation of the work, regardless whether it has 
been disclosed.  
Art. 14 
 
Copyright is an integral and inseparable right from the copyright work, which comprises exclusive 
personal powers (hereafter moral rights), exclusiv e property powers (hereafter economic rights) and 
the other powers of an author (hereafter other rights).  IP/N/1/MKD/C/1 
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 Subsection 2 
Moral Rights 
 
Art. 15 
 Moral rights shall protect the author in respect with  his personal and intellectual reference to the work. 
 
Art. 16 
 
The author shall have an exclusive moral right to: 
- decide whether, when and how his work  shall be disclosed for the first time; 
- recognition of the authorship of his work; - determine whether his authorship shall be specified at the time of disclosure of the work and the type 
of denotation therefore; - demand for his name, pseudonym or other denotatio n to be mentioned on every use of his work in 
customary manner; 
- protect the integrity of the work and prohibit any distortion, mutilation or alteration of the work, and 
to object to any use of the work which would be prejudicial to his persona lity, honour or reputation; 
- alter the work insofar as this does not infri nge the rights acquired by other persons; and 
- withdraw the right of the holder of his economic right, according to this Law.  Art. 17 
 
The author shall have the exclusive right to withdraw the assigned economic rights from the holder 
thereof, if he has real moral reasons for doing so and if he has previously indemnified the holder for 
the damage caused by such withdrawal. 
 
The holder of this Article, paragraph 1, shall be obl iged within three months of his receipt of the 
withdrawal to notify the author of the amount of damages which should be indemnified. If he does not 
do that, the withdrawal shall become valid on the expiration of the said time period.  On the exercise of the right of withdrawal from th is Article, paragraph 1, the economic right of the 
holder shall lapse. 
 If the author wishes later to reassign the economic ri ght in his work, he shall be obliged, within a 
period of three years after the validity of the right of withdrawal, to offer such an assignment first and under the same conditions to the previous holder of this Article, paragraph 1. 
 
The provisions of this article shall not apply to co mputer program, audiovisual work, stage work and 
databases.  
Subsection 3 
 
Economic Rights 
 
Art. 18 
 
Economic rights shall protect the property interests of the author. 
 
The use of the copyright work shall be permitted if the author has assigned economic right according 
to this Law and to the conditions he has dete rmined, unless otherwise provided by this Law. 
  IP/N/1/MKD/C/1 
 Page 7 
 
 
 Art. 19 
 
The author shall have the exclusive economic right to  use his work and to authorize or prohibit the use 
of the work by other persons, in particular for: reproduction, distribution, rental, public performance, 
public transmission, public presentation, public  exhibition, broadcasti ng, rebroadcasting and 
modification. 
 The author of the original work has an exclusive right to use hi s modified work, unless otherwise 
provided by this Law or by contract.  
Subsection 4 
 
Other Rights of the Author 
 
Art. 20 
 
The author shall have a right of access to the original  or to a copy of his work in possession of another 
person, for the purpose of exercising the right of re production or modification of the work if this does 
not adversely affect the legitimate interest of the possessor.  The author shall have the right to demand from the possessor to deliver him the original of the work 
of fine art or of the photographic work for th e purpose of public exhibition or other form of 
disclosure, if there is a legitimate interest therein.  The delivery of the original from this Article, pa ragraph 2, may be cond itioned by guarantee deposit 
or by insurance in the amount of the market value of the original. 
 
The author shall be obliged to carry out the access and delivery of this Artic le, paragraphs 1 and 2, 
with the least possible inconvenien ce to the possessor and at his own expense. The author shall be 
liable in case of damage to the work, regardless of his fault.  
Art. 21 
 
If the original of a work of fine art or the original (manuscript) of a literary or musical work is sold or 
disposed in some other way, its au thor shall have the right to be no tified and to obtain remuneration in 
amount of 3% of the retail price of every sub sequent resale (hereafter right of resale royalty). 
 
The possessor of the work shall be lia ble for the obligations of this Article, paragraph 1. If the transfer 
of ownership is effected through a gallery owner,  auction organizer or other agent, the mentioned 
persons shall be jointly liable with the possessor of the work. 
 The obligation of notification from this Article, paragra ph 1, refers to the particulars of the titles of the 
transferred works, of the possessor and the agent, of th e retail selling price, and of the author's right to 
inspect the documents which contain such particulars. 
 The resale royalty right may not be subject to revocation, disposition a nd judicial execution.  
 IP/N/1/MKD/C/1 
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 Subsection 5 
 
Relations Between Copyright and Right of Ownership 
 
Art. 22 
 
Copyright is independent of and compatible with ownership or other property rights over an object 
where the copyright work is incorporat ed in, unless otherwise provided by Law. 
 
Art. 23 
 
The transfer of certain economic rights or other rights of the author of the work shall not affect the ownership right to the object where the copyright work is incorporated in, unless otherwise provided 
by Law or contract.  
The transfer of the right of ownership of the object from this Article, paragra ph 1, shall not affect the 
moral, economic or other rights of the author of the work, unless otherwise provided by Law or 
contract.  
Art. 24 
 Joint property of spouses shall include only th e economic benefits deriving from the copyright. 
 
Art. 25 
 
With the first sale or other type of transfer of ownership rights of an original or copy of a copyright 
work in the Republic of Macedonia, carried out by e xplicit or tacit consent of the right holder, it shall 
be considered that the right of distribution of such or iginal or a copy in the territory of the Republic of 
Macedonia has been exhausted.  
Art. 26 
 If the owner of an architectural structure intends to m odify that work he shall be obliged to offer that 
modification prior to the author of the original work if he is alive and available in a customary manner.  If the author unjustifiably refuses the offer from this Article, paragraph 1, the owner of that work has 
gained the right of modification, but, however, he sh all be obliged to respect the author's moral rights. 
 
Art. 27 
 
If the owner of the original of the copyright wo rk, bearing in mind the circumstances of the case, 
assumes that the author has an interest in its preser vation, he shall be obliged not to destroy such 
original before it was offered to the author, and th e author shall be obliged to pay the value of the 
material which the original has been made from.  If the return of the work to its author from this Article, paragraph 1 is not possible, the owner shall 
give opportunity to the author to make a copy of the original work in an appropriate manner. 
 
In a case when the copyright work, fr om this Article, paragraph 1 is an architectural structure, the 
author shall have the right to take photographs of the work and to be enabled access to make a 
cartographic record of it, that is to make a measu rement survey of the structure, and to demand the 
delivery of photocopies of designs at his own expense.  IP/N/1/MKD/C/1 
 Page 9 
 
 
  
Section 4 
 
Limitations of the Economic Right 
 
Art. 28 
 
Usage of a copyright work without assignment of an appropriate economic right can be carried out only over already disclosed copyri ght work in cases determined by this Law, with remuneration 
(hereafter legal licenses) and without remuneration (hereafter as free use). 
 
The use covered in paragraph 1 of th is Article, shall be carried out due  to the scope which is justified 
by the accurate purposes and objectives, determined by  this law, insofar it is not more than necessary 
in contrary to the customary use of the work , and to the legal interests of the author. 
 
Throughout the use from this Article, paragraph 1, the source and the author of the work shall be 
named, provided these are mentioned in the work used.  
Subsection 1 
 
Legal Licences 
 
Art. 29 
 
It shall be permitted by Law the reproduction of copyright works, except the computer programs, 
school books, reading-books and other alike publicati ons, parts of copyright works, short copyright 
works and works in domain of photography, fine a nd applied art, architecture, design and cartography 
in whole, for teaching purposes without profitable expectations.  It shall be permitted by Law the reproduction in the entire scope of latest articles in daily news and 
periodicals, as well as comments on broadcasting progr ams which include general issues in domain of 
economy, politics, religion, art, science etc., insofar it is not prohibited by the author. 
 
The use as in paragraphs 1 and 2 of this article, shall be analogously applied to the communication to 
the public as well.  
Art. 30 
 
It is permitted by law that broadcasting organisatio ns could broadcast copyright works of their own 
production, except fiction films.  
Subsection 2 
 
Free Use 
 
Art. 31 
 
A copyright work shall be in free use for th e purpose of acquiring informations of general 
significance, for teaching purposes, for private and other individual reproductio n, quotation and other 
cases, according to this Law  IP/N/1/MKD/C/1 
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 Art. 32 
 
For the purpose of acquiring information of general significance, the reproduction or the communication to the public shall be free: - For works that are seen or heard during reports on daily events; 
- For public political speeches and public speeches before state, religious and other bodies; and 
- For announcements to the mass media and news information excerpts.  
Art. 33 
 The public performing of a copyright work for di rect teaching purposes and to non-profitable school 
performances shall be free insofar the participants  in these manifestations are not remunerated. 
 The reproduction and public presentation of radio a nd television broadcasted copyright works for 
teaching non-profitable purposes.  
The public performing of a copyright work at huma nitarian manifestations shall be free, if the 
participants at the  performances are not remunerated . 
 
Art. 34 
 The reproduction of a copyright work for non-profitable purposes, if made in not more than three 
copies, shall be free: - For private use by a natural person for personal ed ucational purposes, except works in an electronic 
form, for scientific purposes a nd for the needs of handicappe d persons, conditioned by the 
unavailability of the copies to the public; 
- For internal use by non-profitable institutions (arc hives, libraries, film-archives, museums, other  
cultural, educational, scientific and similar institu tions) provided that the reproductions are made from 
their own copy or from a copy of other rela ted institution for the purpose of preservation and 
protection of the work.  Within the meaning of this Article, paragraph 1, reproduction shall not apply to the extent of the 
whole work, that is, of literary work, except when  the edition has been done up at least two years 
before: to a graphic edition of a musical work, ex cept a handwritten transcription, database, computer 
program, as well as architectural structure, unless otherwise provided by this Law or by contract.  
Art. 35 
 
For the purpose of clarification, debate or reference,  it shall be free to quote a copyright work to the 
extent adequate to the purpose and the aim of use.  
Art. 36 
 The use of a copyright work of secondary importan ce in relation to the purpose of some object shall 
be free while the exploitation of the object.  
Art. 37 
 Modification of a copyright work is permissible if it is a matter of: 
- a private or other individual modification not intended or available to the public; - a modification into a parody or caricature, if this  does not lead to a confusion with regard to the 
source of the work;  IP/N/1/MKD/C/1 
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 - a modification for a permitted use, and the author's objection to such modification is contrary to the 
principle of the reason and good faith.  
Art. 38 
 Copyright works displayed at public exhibitions , sales, auctions, fairs and alike shall be published  in 
catalogues for that purpose by  the organizers thereof. 
 
Art. 39 
 Copyright works permanently exposed in parks, streets, squares or other public places shall be used 
freely, except when the use is in a three-dimensional form, for the same purpose as the original work 
or for obtaining an economic benefit.   
Art. 40 
 
Copyright work shall be used freely before an arbitr ation court, judicial, administrative or other State 
bodies, to the extent necessary for evidentiary purposes.  
Art. 41 
 Copyright work shall be used fr eely to the extent necessary to test the operation at the time of 
manufacture or sale of phonograms or videogr ams, equipment for their reproduction or 
communication to the public, as well as programs receiving equipment in the process of their 
manufacture and sale.  Art. 42 
 
Works of folk literature and folk art shall be used freely.  On the use of this Article, paragraph 1, the source and origin of the work must be stated. Distortion 
and indecent use of the work is not permissible. 
 
The "Marko Cepenkov" Folklore Institute in Skopje is authorised for implementation of the rights from this Article, paragraph 2.  
Section 5 
 
Duration of Copyright 
 Art. 43 
 
Copyright shall subsist until expiration of the terms as determined by this Law. 
As an exception of this Article, paragraph 1, cer tain moral rights shall subsist upon the expiration of 
the term of duration of the copy right, according to this Law. 
 
Art. 44 
 Copyright shall subsist for the lifetime of the author and for 70 years after his death, unless otherwise 
provided by this Law.  IP/N/1/MKD/C/1 
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 Art. 45 
 
Where the work has been created by a number of authors (co-authors), the term of duration as per Article 44 of this Law shall be calculated fro m the death of the last surviving co-author. 
 Art. 46 
 
Copyright of anonymous and pseudonymous works sha ll subsist for 70 years after the legal disclosure 
of the work.  
If the pseudonym does not cause a confusion as to the id entity of the author, or if the author discloses 
his identity within the term referred to this Artic le, paragraph 1, the term from the Article 44 shall 
apply.  
Art. 47 
 
Copyright of audiovisual and collective works shall subsist for 70 years after the legal disclosure of 
the work.  
Art. 48 
 Where the term according to this Law does not run from  the death of the author or the authors and the 
work has not been legally disclosed within 70 y ears from its creation, the copyright shall subsist 
for 70 years after its creation.  
Art. 49 
 
In a case when the term of duration of the copyright,  within the meaning of this Law, is calculated 
according to the legal disclosure of the work and the work is disclosed in collections, parts, 
instalments and alike, the term shall be calculated separately for each component.  
Art. 50 
 
Insubstantial additional alterations to the contents of a collection shall not extend the duration of the 
copyright protection of such collection. Insubstantial additional alterations  from this Article, paragraph 1, shall be considered additions, 
deletions or alterations to the selection or the cont ents arrangement of the collection necessary for its 
further use in the manner determined by its author. 
 
Art. 51 
 
The terms of duration of the copyright protection de termined by this Law shall begin to run from the 
first of January of the year following the event, wh ich shall be a basis for calculation of the terms. 
 
Art. 52 
 
The moral right of withdrawal from Article 17 of this Law shall subsist for the life of the author.  
The moral rights of denotation th e authorship, preservation the work  integrity and objection to its 
deformation from Article 16, items 3, 4 and 5 of this  Law, shall subsist on the expiration of the terms 
of the copyright duration determined by this Law.   IP/N/1/MKD/C/1 
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 Art. 53 
 
The use of a copyright work shall be free on the expiration of the terms of the copyright duration 
determined by this Law.  Art. 54 
 
For the purpose of implementation of the rights from Ar ticle 52, paragraph 2, the relevant society of 
authors and the Macedonian Academy of Sciences and Arts shall be authorized.  
CHAPTER III 
 
TRANSFER OF COPYRIGHT 
 
Section 1 
 
General Provisions 
 
Art. 55 
 
Copyright as an entirety may not be transferable. 
 
Art. 56 
 
The author may not assign his moral rights to other persons.  
For the purpose of implementation of the author's mora l rights after his death, the relevant society of 
authors shall be authorized, in a ddition to the author's successors. 
 
Art. 57 
 
The author may assign certain economic rights and cer tain other rights to other persons either by 
contract or in another legal manner unl ess otherwise provided by this Law. 
 The assignment of economic rights or other right s shall be carried out in written form, unless 
otherwise provided by Law. An assignment contract  that is not concluded in written form does not 
produce legal effectiveness. 
 
Disputed or dubious provisions of the contracts from this Article, paragraph 1, shall be interpreted in 
the author's interest.  
Art. 58 
 The provisions concerning author's contracts in wri tten form from Article 57 of this Law do not refer 
to contract for disclosing articles, drawings or text s in magazines, reviews or other daily or periodical 
press.  
Art. 59 
 
A contract or a contractual provision which the au thor has assigned to another person shall be null and 
void in: - the copyright in its entirety; - the moral rights; IP/N/1/MKD/C/1 
Page 14  
 
 - the economic rights to his future works; 
- the economic rights to yet unknown forms of use of the copyright works.  
Art. 60 
 The regulations concerning obligatory relations sha ll apply to the copyright assignment contracts, 
unless otherwise determined by this Law.  
Art. 61 
 Judicial execution on copyright shall not be permitted. 
 Judicial execution shall be possible only to the material benefit arising from copyright. 
 Judicial execution to uncompleted copyright work an d to undisclosed original of copyright work shall 
not be permitted. 
 
Art. 62 
 
The rights to which the author is entitled to under this Law, including the right of legal protection, 
shall also belong to another copyright holder, to the extend assigned to him by Law or another legal 
regulation, unless otherwise determined by this Law. 
 
Art. 63 
 
By the contract from Article 57 of this Law excl usive and non-exclusive economic right shall be 
assigned. 
 
Art. 64 
 
Exclusive economic right, within the meaning of this Law, shall be a right for the copyright holder to 
use the work, which use the author or any other person is excluded from. 
 
Non-exclusive economic right, within the meaning of  this Law, shall be a right for the copyright 
holder to use the work besi des the author and other holders in agreed manner. 
 If the author concludes a contract on non-conclusive  right before concluding contract on exclusive 
right, the right holder shall be the holder of ex clusive right, unless otherwise agreed between the 
author and the holder of the non-exclusive right.  
Art. 65 
 
Unless otherwise determined by Law or by contract, it shall be considered that the non-exclusive right 
has been assigned by contract, for the territory  of the Republic of Macedonia and for the time 
customary for such type of works. 
 If it has not been determined which certain right s shall be assigned and the extent, it shall be 
considered that only those rights have been assigne d, and to the extent, which is required for the 
achievement of the purpose of the contract, with in the meaning of this Article, paragraph 1. 
  IP/N/1/MKD/C/1 
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 Art. 66 
 
The assignment of an economic or other right to the author shall not affect the assignment of other rights, unless otherwise determined by this Law or by contract.  
The assignment of the right of reproduction shall not include the right of electronic storage, as well as 
the right of sound or visual recording, unless otherwise provided by Law or by contract.  On the assignment of right on rental of phonograms or videograms, the author shall retain the right to 
equitable remuneration for each rental. An author may not waive this right. 
 
Art. 67 
 
By assignment of the right of reproduction, it shall be  considered that the right of distribution of such 
copies of the work has also been assigned. 
 
By assignment of the right of broadcasting of works, it shall be considered that the rights have been 
assigned to the broadcasting organiza tion (hereafter broadcaster) for: 
- fixation of the work with its own means and for its own broadcasts (ephemeral fixations); and 
- delivering the ephemeral fixations to a state archiv e, if they are of exceptional documentary value. 
The organization shall be obliged to notify the author of such delivery without delay. 
 
Art. 68 
 
A holder who has been assigned to an economic right or other author's right may not, without the author's authorization, reassign that right to a thir d party, unless otherwise determined by Law or by 
contract. 
 If the reassignment of the right is result of a change of status or bankruptcy or regular liquidation, the consent of this Article, paragraph 1, shall not be required. If the reassignment of the right is allowed without the author's authorization, by Law or contract, the previous and subsequent holder shall be jointl y liable for the discharge of author's claims. 
 
Art. 69 
 
In a case when the author's remuneration has not been  determined, it shall be determined according to 
the customary fees for a particular types of works,  according to the extent and duration of use and 
other relevant circumstances. 
 If the use of a copyright work effectuates a profit which is significantly larger than the agreed or 
determined remuneration, the author may demand a revision of the contract to provide him more 
equitable share of the revenue. The author may not waive this right.  Art. 70 
 
In a case when remuneration is agreed or determin ed in dependence of the revenue derived from the 
use of the work, the user of the copyright work shall be obliged to keep appropriate accounts or other 
documentation necessary for the determinati on of the amount of realized revenue. 
 
The user of the work shall be obl iged to enable the co pyright holder to in spect the documentation 
from this Article, paragraph 1, and shall deliver him necessary reports on the realized revenue in an usual term, unless another term has been agreed.  IP/N/1/MKD/C/1 
Page 16  
 
 Art. 71 
 
The author may revoke the economic right, if the holder of the exclusive right exercises the right to an 
insufficient extent or does not exercise it at all, th ereby significantly affecting the author's interests. 
 
The author may not exercise the revocation of the eco nomic right of this Artic le, paragraph 1, insofar 
the reasons for mentioned above are attributable to him.  The revocation of this Article, paragraph 1, may no t be exercised before the expiration of two years 
from the time of assignment of the economic rights of  the work, before three months in the case of 
daily newspapers article, or before one y ear in the case of periodical press article. 
 An author may exercise the revocatio n of this Article, insofar he has offered the holder an extra time 
period for an appropriate exercising of the right.  
By exercising the revocation, the economic rights of the holder shall lapse. 
The author shall be obliged to indemnify adequately the right holder, if required by the principle of 
justice.  The author may not waive the right of revocation provided by this Law.  
Section 2 
 
Special Provisions for Transfer of Copyright 
 
Subsection 1 
 
Publishing Contracts 
 Art. 72 
 
By a publishing contract the author  shall be obliged to assign the pub lisher the right of publication of 
his work by printing in a book form, while the publishe r shall be obliged to pay a remuneration to the 
author therefore and to publish the work.  The publishing contract of this Ar ticle, paragraph 1, does not include  the right of publication of the 
work in an electronic form. A separ ate contract shall be concluded for publication of the work in an 
electronic form. 
 The publisher of this Article, paragraph 1, shall have a right of precedence  among equal offerers for 
the publication of the work in electronic form. The right of precedence shall subsist for three years 
from the agreed term of publication of the work  in a book form. The publisher shall give written 
notice within 30 days from the receipt of the author's offer. 
 
By a publishing contract the right to a pocket editio n may be also assigned, to a periodical edition in 
instalments, to a translation and alike.  
Art. 73 
 
The publishing contract shall include in particular : type of rights to be assigned, their scope and 
duration, territory of the rights' effectiveness, te rm for the publication of the work and author's 
remuneration.   IP/N/1/MKD/C/1 
 Page 17 
 
 
 In a case when the remuneration is agreed at a percenta ge of the retail price of the work's sold copies , 
the publishing contract shall specify their minimum number at the first printing. Such an obligation 
shall not be compulsory insofar the contract specifies the minimum remuneration that the publisher is obliged to pay, regardless of the number of sold copies.  
In a case when the remuneration is agreed in a lump  sum, the publishing contract shall specify the 
total edition. If it is not determined or cannot be specified from the purpose of the contract, or from 
other circumstances or customs, the publisher may publish the work in a maximum of 500 copies. 
 
Art. 74 
 
During the validity period of the publishing co ntract, the author may not assign the right of 
publication of the work in the same language to ot her persons, unless otherwise provided by contract. 
The author may assign the right of publication of newspaper articles in the same language 
simultaneously to several users, unless otherwise provided by contract. 
 
Art. 75 
 
The publisher shall be obliged to enable the aut hor improvement or alteration to the work on 
subsequent editions, provided this does not cause significant expense for the publisher and 
substantially alter the work, unless otherwi se determined by a publishing contract. 
 
Art. 76 
 
In a case when a work is destroye d due to force majeure after deliv ery to the publisher, the author 
shall have the right of remuneration that would have been given to him if the work had been 
published. 
 In a case when an entire prepared ed ition is destroyed due to force majeure before it has been put into 
circulation, the publisher shall have the right to pr epare a new edition, and the author shall have the 
right of remuneration for the destroyed edition only.  
In a case when a part of a prepared edition is destr oyed by a force majeure before it has been put into 
circulation, the publisher shall have the right to pr int, without payment of remuneration, only as many 
copies as were destroyed.  
Art. 77 
 
The publishing contract shall terminate: - if the author dies before the completion of the copyright work; - if all copies of all agreed editions are sold out; - if the term of the contract has expired; - in other cases determined by Law or by contract. 
 
An author may rescind a publishing contract if the publisher, after the initial edition has been sold out, 
does not publish new agreed editions within three ye ars from the date when the author requested it, 
unless otherwise provided by contract.  
An edition shall be considered sold out within the meaning of this Law if the number of unsold copies 
is less than 5% of all agreed editions, and in  any case if the number is less than 100 copies. 
 IP/N/1/MKD/C/1 
Page 18  
 
 In a case when the publisher fails to publish the work  within the agreed time period, the author may 
rescind the contract and request to be indemnified, and also to keep the received remuneration or to 
demand payment of the agreed remuneration.  In a case when a term for publication of the work has not been specified in the contract, the publisher 
shall be obliged to publish the wo rk within the customary term, but not later than one year from the 
day of the delivery of the manuscript.  
Art. 78 
 Where a publisher intends to sell unsold copies of th e work for pulping after a period of three years 
from the agreed publication of the work, and the c ontract does not determine a longer time period, he 
shall be obliged to offer the copies to the author fi rst for purchase at the price that he would obtain if 
they were sold for pulping.  
Subsection 2 
 
Public Performance Contract 
 Art. 79 
 By a public performance contract the author shall be  obliged to assign to the user the right of public 
performance of his work, while the user shall be obliged to pay the author a remuneration and to 
perform the work in public.  
Art. 80 
 
The public performance contract shall include in pa rticular: the type, scope and duration of the rights 
to be assigned, territory of the rights' effectiv eness, the manner and time period for the public 
performance of the work and the author's remuneration.  
Art. 81 
 
The user shall be obliged to enable  the author inspection in the publ ic performance of the work, and to 
provide adequate technical cond itions for the performance, unless ot herwise provided by contract. 
 
Art. 82 
 
In a case when the user does not pe rform the work in public within th e agreed time period, the author 
has the right to rescind the contract and request to be indemnified as well to keep the already received 
remuneration or to demand payment of the agreed remuneration.  
Subsection 3 
 
Commissioning Copyright Work Contract 
 
Art. 83 
 By a commissioning copyright work contract, the au thor shall be obliged to create the commissioned 
copyright work and to deliver it to the person comm issioning it, while the latter shall be obliged to 
pay a remuneration for it.   IP/N/1/MKD/C/1 
 Page 19 
 
 
 The person commissioning the work may supervise th e process and give instructions, unless by doing 
so he infringes the author's right of creation's freedom.  The author shall keep the copyright of a commissi oned work, except the right of distribution, unless 
otherwise provided by Law or by contract. 
 
Art. 84 
 
A collective copyright work (encyclopaedia, antholog y, databases and alike) within the meaning of 
this Law, is a copyright work created on the in itiative and under the organization of a legal entity or 
natural person commissioning it through collaboration with a large number of authors, which is 
disclosed and used under the name of the person  commissioning it. A special contract shall be 
concluded for the creation of a collective copyright work.  It shall be considered that the economic and other ri ghts of the authors of a collective work have been 
exclusively and without limitation assigned to the person commissioning the work, unless otherwise 
determined by contract.  
Subsection 4 
 
Copyright Work in the Course of Employment 
 
Art. 85 
 
In a case when a copyright work is created by an employee in the execution of his duties or on 
instructions by the employer (hereafter "copyright  work in the course of employment"), it shall be 
considered that the economic and other rights of th e author of that work have been exclusively 
assigned to the employer for a period of ten year s from the completion of the work, unless otherwise 
provided by a collective contract or employment contract.  On expiry of the term of this Ar ticle, paragraph 1, the economic rights  and other rights shall revert to 
the employee, while the employer may demand their new exclusive assignment, insofar he pays the 
employee an equitable remuneration. 
 
Art. 86 
 
As an exception to the Article 85 of this Law: 
- an employee shall retain the exclusive right to use a copyright work in the course of employment as 
part of his collected works; - the economic and other rights of an author of a co llective work or database, shall be considered to 
have been assigned exclusively and without limita tion to the employer, unless otherwise determined 
by contract.  
 IP/N/1/MKD/C/1 
Page 20  
 
 CHAPTER IV 
 
SPECIAL PROVISIONS FOR COPYRIGHT WORKS 
 
Section 1 
 
Audiovisual Work 
 
Art. 87 
 Audiovisual work, within the meaning of this Law,  is a cinematographic, television and video film, 
another audiovisual work as well as another work e xpressed in a form of consecutive motion pictures, 
with or without sound, regardless of the na ture of the medium which comprises them. 
 
Art. 88 
 
Within the meaning of this Law, as authors of an audiovisual work shall be considered: the writer of 
the screenplay, the principal director and the direct or of photography, and, in animated films, the 
principal animator. Where music is an essential elem ent of the work, the composer of the music is 
also considered an author.  Art. 89 
 
The animator and the music composer when not c onsidered as an author of  an audiovisual work 
according to Article 88 of this Law, as well as set designer, costume designer, editors and make-up 
designer shall have copyright only on their individual  contributions to an audiovisual work (hereafter 
"authors of contributions"). 
 
Art. 90 
 
A film producer, within the meaning of this Law, is  a legal entity which or a natural person who in his 
own name, at his own expense or at the expense of  another manages or organizes the production of an 
audiovisual work and is responsible for its completion. 
 
Art. 91 
 
The right of an audiovisual adapta tion is an exclusive right to modify the original work into an 
audiovisual work or to include it in an audiovisual work. 
By concluding an audiovisual adaptation contract, the author of an original work shall be considered 
to have assigned, exclusively and without limitation,  to the film producer: the right of modification 
and inclusion of the original work in an audiovisual work, his economic rights and other rights of that audiovisual work, the right of its translation, a udiovisual adaptations as well as of the photographs 
made in connection with the audiovisual wo rk, unless otherwise determined by contract. 
As an exception to this Article, paragraph 2, th e author of the original work shall retain: 
- the exclusive right of further modification of the audiovisual work into another artistic form; - the exclusive right of new audiovisual adaptations of  the original work after the expiry of ten years 
from the contract conclusion of this Article, paragraph 2; and 
- the right of appropriate remuneration from the film  producer for every rental of videograms of the 
audiovisual work. 
 The author of the original work may not waive th e rights mentioned in this Article, paragraph 3. 
  IP/N/1/MKD/C/1 
 Page 21 
 
 
 Art. 92 
The relation between the film producer, the author s of an audiovisual work and the authors of 
contributions, as well as the relations between the au thors themselves, shall be regulated by a film 
production contract, according to this Law.  
By making a film production contract, the authors sh all be considered to have assigned to the film 
producer, exclusively and without limitation, all their economic rights and other rights of the audiovisual work, rights of translation, audiovisu al adaptation and photographs made in connection 
with the work, unless otherwise determined by contract.  
By making a film production contract, the authors of  contributions shall be considered to have 
assigned to the film producer, exclusively and withou t limitation, the rights to use their contributions 
for the completion of the audiovisual work.  As an exception of this Article, paragraphs 1, 2 and 3: 
- the authors shall retain the exclusive right of fu rther modifications of an audiovisual work into 
another artistic form; - the authors of contributions shall retain the right to use their contributions to the audiovisual work separately, unless by doing so they infri nge the rights of the film producer; and 
- the authors shall retain the right of equitable re muneration from the film producer for every rental of 
videograms of the audiovisual work. 
 
The authors and authors of contributions may not  waive the rights specified in this Article, 
paragraph 4.  
Art. 93 
 
The authors of an audiovisual work shall have the right of author's remuneration separately for each 
assigned economic right or other rights of the author. The film producer shall be obliged, at least once a y ear, to deliver the authors of an audiovisual work 
a report of revenue received separately for each  form of authorized use of the work. 
 Art. 94 
 
The audiovisual work shall be considered comple ted, when, according to the contract between the 
principal director and the film producer, the first sta ndard copy of the work that is the subject matter 
of the contract is completed. 
 
 The destruction of a master copy from this Article, paragraph 1, sh all not be permitted. 
Alterations to the copy of the audiovisual work fro m this Article, paragraph 1, shall be allowable only 
after principal director and the film producer's approval. In a case when one of the authors or authors of c ontributions does not complete his  part to the 
audiovisual work or is unable to do so due to a fo rce majeure, he may not object the part to be used 
for it's completion. The author shall enjoy appropriate copyright on that part.  
Art. 95 
 In a case when a film producer fails to complete an audiovisual work within five years from the 
making of the film production contract, or where he fails to distribute the completed audiovisual work 
within one year after its completion, the authors may rescind the contract, unless another term has been agreed.  IP/N/1/MKD/C/1 
Page 22  
 
 In the case of this Article, paragraph 1, the authors and authors of contributions shall retain the right 
of remuneration.  
Art. 96 
The audiovisual adaptation contract and film pr oduction contract shall not be a subject to the 
provisions on the right of withdrawal from Article 17 or to the provisions on assignment of rights 
from Articles 65 to 68 of this Law.  
Section 2 
 
Computer Program 
 Art. 97 
 
A computer program within the meaning of this Law is a program in any expressed electronic form, 
including the preparatory material for its creation,  provided that it is an individual and intellectual 
creation of it's author.  The ideas and conceptions which constitute a basis of any element of a computer program, including the program components that enable connection and interaction between the elements of the program 
and the machine equipment (interfaces), are not protected under this Law. 
 
Art. 98 
 
In a case when a computer programs created by an em ployee in the execution of his duties or on his 
employer's instructions, or where it is created by an author under a commissioning copyright contract, 
the economic rights and other author's rights to th e program shall be considered assigned to the 
employer or the person commissioning the work, ex clusively and without limitation, unless otherwise 
determined by contract.  
Art. 99 
 If it has not been otherwise determined by Articles 10 0 and 101 of this Law, the author of a computer 
program shall have the exclusive economic right to  use the program and the right to authorize or 
prohibit the use of the program in particular by: - reproduction, partial or full, regardless of whether it is temporary or permanent and regardless of the 
means and form, which is necessary for the loading, display, running,  transmission or storage of the 
computer program; 
- translating or any other modification as well as reproduction of the results of that modification 
without affecting author's rights of the modification; and - distributing the original or the copies of the computer program in any form, including the right of rental.  
The author may also assign the rights from this Artic le, paragraph 1, to third parties by contract. 
 
Art. 100 
 
Unless otherwise determined by contract, a legal user of the computer program may carry out the 
operations specified in Article 99 subparagraphs 1 and 2 of this Law without authorization of the 
author, including correction of errors necessary fo r running the computer program, according to its 
intended purpose.   IP/N/1/MKD/C/1 
 Page 23 
 
 
 The legal user of a computer program may, without authorization from the author, make a maximum 
of two copies of the program, if that is necessary for its use.  
The legal user of a copy of a computer program may, without authorization from the author, study or 
test the operation of the program in order to specify  the ideas which are a basic characteristic of any 
element of the program, if he does so while perform ing any of the activities of loading, displaying, 
running, transmitting or storing the program that he is entitled to perform.  The provisions concerning the right of withdrawal  and private and other individual reproduction from 
Article 34 of this Law, shall not apply to computer programs. 
Contractual provisions contrary to the paragraphs 2,  3 and 4 of this Article shall be null and void. 
 
Art. 101 
 
Reproduction of the code and altera tion of its form, within the mean ing of Article 99, paragraph 1, 
items 1 and 2 of this Law, shall not  require authorization from the author, insofar it is indispensable to 
obtain informations necessary to achieve interopera bility between an independently created program 
and other programs, provided the following conditions are met: - such activities to be carried out by the licensee or  another legal user, or on their behalf, for that 
purpose, by a person authorized to do so; - the informations necessary to achieve interoperabi lity have not been prev iously available to the 
persons from this Article, pa ragraph 1, item 1; and 
- such activities to be confined only to those pa rts of the original program that are necessary to 
achieve interoperability. Informations obtained through the application of  paragraph 1 of this Article may not be: 
- used for purposes other than the achievement of the interoperability of the independently created 
computer program; 
- conveyed to a third party, except when necessar y for the interoperability of the independently 
created computer program; and - used for the development, production or trade of another computer program substantially similar in 
its expression, or for any other activity that infringes copyright.  
The provisions of this Article may not be applie d in a manner that might unreasonably infringe the 
copyright or conflict with the customary use of the computer program. Contractual provisions contrary to this Article shall be null and void.  
Art. 102 
 
Distribution of a computer program copy or the possession of a copy of a computer program for commercial purposes shall be permissible only in the case of an authorized copy. 
 
Art. 103 
 The provisions of Articles 97 to 102 of this Law sh all be applied regardle ss of the other legal 
regulations on computer program (such as regulati ons on the industrial property rights, protection 
against unfair competition, business secret and alike).  IP/N/1/MKD/C/1 
Page 24  
 
 CHAPTER V 
 
RELATED RIGHTS 
 
Section 1 
 
General Provisions 
 
Art. 104 
 Related rights, within the meaning of this Law, sh all be the rights of the artists-performers in their 
performances and the rights of phonogram, film and scenic producers, of broadcasters and publishers 
(hereafter producers) in their phonograms, videogram s, stage works, broadcasts or editions (hereafter 
objects of related rights) determined by this Law.  Art. 105 
 
The provisions of this Law on parts of a copyrigh t work, on the contents and definitions of the 
economic rights, on the relations be tween copyright and property right, on limitations of the economic 
rights, on calculation of the copyright duration and on transfer of the copyright shall appropriately 
apply to the related rights. 
 
Art. 106 
 
The implementation and protection of related rights according to this Law shall not affect the 
implementation and protection of copyright. 
 
Section 2 
 
Contents of Related Rights 
 
Subsection 1 
 
Rights of Performers 
 
Art. 107 
 Artists-performers (hereafter perform ers), within the meaning of th is Law, shall be: actors, puppet 
actors, singers, musicians, dancers and other pers ons who by acting, singing, dancing, declaim, 
reciting or in some other way perform author's works or works of folklore.  Within the meaning of this law directors of th eatrical performances, orchestra-conductors, choir 
directors, sound editors and variety and circus  artists shall be considered performers. 
 
Art. 108 
 
Performers in ensembles or groups such as: members of an orchestra, a choir, dancing or theatrical 
ensemble or other type of group shall be ob liged to authorize one of the members as their 
representative for issuing licences necessary for performance. 
 The authorization from this Article, paragraph 1, sha ll be given in written form  and shall be effective 
if it is granted by the majority of the perform ers in the ensemble or group from this Article, 
paragraph 1.  IP/N/1/MKD/C/1 
 Page 25 
 
 
  
The provisions of this Article, paragraphs 1 and 2, shall not apply to directors of theatrical 
performances, conductors and soloists.  
Art. 109 
 
Performers shall have an exclusive moral right to  have their name, pseudonym or other designation 
denoted in a customary manner on the announcement of the performance and on every fixation and 
packaging of fixation of that performance as follows: - in a solo performance, the name of the performer; and 
- in a performance by an ensemble or group, the name of the ensemble or group, of the artistic director 
and soloist.  
Art. 110 
 Performers shall have an exclusive moral right to ob ject to any distortion, mutilation or alteration of 
their performance or any use of their performance that could be prejudicial to their personality, 
honour or reputation.  
Art. 111 
 Performers shall have exclusive economic rights to u se or to authorize or prohibit appropriate use of 
their performance in particular for: - broadcasting of the performance, except where the performance is a broadcast by itself, or it is a broadcast from a fixation; - live transmission through a loudspeaker, screen or a similar device, out of the space or place of 
performance; 
- fixation of the live performance; - reproduction of the performance fixation on phonograms and videograms; - reproduction of a performance fixed on phonogr ams and videograms in any manner or form; 
- distribution of phonograms or videograms containing the performance; - rental of phonograms or videograms containing the performance. 
 
In a case where the performance is re alized by a scenic producer, the rights of the performers shall be 
obtained by the scenic producer according to this Law, unless otherwise determined by contract. 
 
Art. 112 
 
The performer shall have the right of a share in  the remuneration received by the phonogram producer 
for the disclosure of a phonogram containing his performance.  
Art. 113 
 By making a phonogram or videogram production contr act, it shall be considered that the performer 
has assigned the phonogram or the film producer the right of fixation, reproduction, distribution and 
rental of his performance, unless otherwise determined by contract.  Regardless the contract of this Article, paragraph 1,  the performer shall have the right of appropriate 
remuneration from the phonogram producer and the film producer for every rental. 
 The performer may not waive the right sp ecified in this Article, paragraph 2. 
 IP/N/1/MKD/C/1 
Page 26  
 
 Art. 114 
 
In a case when some of the performers shall not comp lete his contribution to the audiovisual work or 
is unable to do so due to a force majeure, he may not object to the use of the part of his contribution for the completion of the work. The performer shall en joy appropriate rights to such part specified in 
this Law. 
 
Art. 115 
 
In a case when a performance is realized by an employee in the execution of his duties or on 
instructions by an employer (pe rformance in the course of employment ), the relations referred to the 
performance shall be regulated by an appropriate collective agreement or an employment contract. 
 
Art. 116 
 The rights of the performer shall subsist for 50 year s from the day of the performance. If during that 
period, the performance fixation was legally publishe d or communicated to the public for a first time, 
the rights of the performer shall subsist fo r 50 years from its first legal disclosure. 
 
Art. 120 
 The rights of a phonogram producer shall subsist for 50 years from the day of fixation. If during this 
period, the phonogram has been legally published fo r a first time, the rights of the producer shall 
subsist for 50 years from its first disclosure. If th e phonogram was not legally published during this 
period, but legally communicated to the public, th e rights of the producer shall subsist for 50 years 
from its communication to the public. 
 
Art. 123 
 
The rights of the film producer shall subsist for 50 years from the day of completion of the fixation. If during that period, the videogram has been legally di sclosed or communicated to the public for a first 
time, the rights of the producer shall subsist for 50 years from the first legal disclosure. 
 
Art. 128 
 
The rights of the scenic producer shall subsist for 50 years from the day of the first public 
performance of the stage work. 
 
Art. 171 
 
Authors and holders of related rights who are citiz ens of the Republic of Macedonia or have their 
headquarter in the Republic of Macedonia shall enjoy protection, according to this Law.  
Foreign authors and foreign holders of related rights shall enjoy the same protection as persons of this 
Article, paragraph 1, according to international ag reements ratified by the Republic of Macedonia. 
 Foreign authors and foreign holders of related rights not protected under the provisions of this Article, 
par. 2 and 3,  shall enjoy the same protection in th e manner of the persons of this Article, par.1 on the 
base of the factual reciprocity. 
 Regardless the other provisions of Chapter VIII of this Law, foreigners sh all enjoy protection under 
this Law with respect to the moral rights in all c ases and with respect to the right of resale royalty 
only where factual reciprocity exists.  IP/N/1/MKD/C/1 
 Page 27 
 
 
  
The person who bases his claim thereon shall prove reciprocity.  
Art. 184 
  
This Law shall apply to all copyright works and pe rformers' performances that, at the time of its 
entering into force, have enjoyed protection und er the Law on Copyright (Official Gazette of 
SFRY Nos. 19/1978, 34/1978, 24/1986, 75/1989 and 21/1990).  
This Law shall also apply to th e protection of performers' rights on their performance fixations unless  
50 years have expired from the day of their first legal publication or communication to the public, to 
the day of entering into force of this Law, counted from the first legal disclosure.  This Law shall apply to the protection of the phonogram producers' rights on their phonograms, unless 
50 years have expired from the day of the comple ted fixation. Insofar the phonograms were legally 
published for the first time during that period, the protection of the phonograms shall only apply for 50 years from the first  publication, and insofar they were not legally published, but legally 
communicated to the public, the protection shall ap ply for 50 years from the first communication to 
the public.   
The manner and conditions for protection of author s' rights specified in Article 18 of the Bern 
Convention for Protection of Literary and Art Work s, shall analogously apply to the protection of 
rights specified in paragraph 2 and 3 of this Article.  This Law shall apply to the protection of rights of the broadcast organizations on their broadcasts, 
unless 20 years from their first broadcasting have expired to the day of  entering into force of this 
Law.  This Law shall apply to the protection of rights of other related rights subject matters, unless 20 years 
from their first legal disclosure have expired to th e day of  entering into force of this Law. 
  Art. 184 a 
 
The Act from Article 170a of this Law shall be pronoun ced by the Minister of Culture within a time 
period of three days from the day of entering into force of this Law.  Art.185 
 
On the date of entering into force of this Law, th e validity of the Law on Copyright  (“Official Gazette 
of the Republic of Macedonia”, No. 19/78, 34/78,  24/86, 75/89, 21/90) shall terminate. 
 
Art.186 
 
This Law shall enter into force on the 8th day follow ing its publication in the Official Gazette of the 
Republic of Macedonia.  
__________