1 
  
Law amending the Law on Copyrights and Related Rights  
 
("Officia l Gazette of Montenegro", No. 53/16) 
 
 
Article  1 
 
In the Law on Copyright and Related Rights  (Official Gazette of Montenegro  37/11 ) 
in Article 1, the words : “publishers and makers of database s (hereinafter : related rights )” shall 
be replaced with  words : “and publishers  (hereinafter : related rights ), sui generis rights of 
makers of databas es”, while after the words: “related rights ” the following words shall be 
added: “and  sui generis  rights of  makers  of database s”. 
 
Article  2 
 
Article  20 shall be replaced by the following : 
 
“Types of economic rights of the author  
Article  20 
 
The author shall have the exclusive right to allow or prohibit : 
1) the right of reproduction ; 
2) the right of distribution ; 
3) the rental right ;  
4) the lending right ;  
5) the right of public performance ; 
6) the right of  public communication by phonograms or videograms ; 
7) the right of public presentation ; 
8) the right of broadcasting ; 
9) the right of  rebroadcasting ;  
10) the right of cable retransmissio n; 
11) the right of public communication of a broadcast work ; 
12) the right of any othe r communication to the public;    
13) the right of  making available of the work to the public ;  
14) the right of adaptation of the work ; 
15) the right of audio -visual  adaptation .” 
 
Article  3 
 
In Article 28 after paragraph 4 two  new paragraphs shall be added  as follows : 
 2 
 “Satellite  referred to in paragraph  3 of this Article , means a satellite operating on 
frequency bands which, under the regulations governing electronic communications, are 
reserved for the broadcast of signals for reception by the public or for closed point -to-point 
communication.  
 
 The conditions under which individual reception of the signals reserved  for closed 
point -to-point communication takes place must be comparable to t he conditions under which 
reception of the signal reserved  for reception by the public takes place. ” 
 
Article  4 
 
Article  29 shall be replaced by the following : 
 
“The right of rebroadcasting and the right of cable retransmission  
 
Article  29 
 
     The author  shall have the exclusive right to authorise or prohibit simultaneous, unaltered 
and unabridged broadcasting of a broadcast of his work : 
 
     1) by wireless means by another broadcasting organ isation (the right of  rebroadcasting ); 
     2) by a cable or mi crowave system or if the work is initially broadcast from another state  
(the right of cable retransmission ).” 
 
Article  5 
 
After Article 30 a new article shall be added  as follows : 
 
“The right of any other communication to the public  
Article  30a 
 
In additio n to the rights referred to in Articles  28, 29 and 30 of this Law , the author 
shall have the exclusive right to author ise or prohibit any other communication to the public  
of his work by wire or wireless means .” 
 
Article  6 
 
In Article 36 paragraphs  2 and  3, the word  “of new ” shall be deleted . 
 
Article  7 
 
In Article 42 after paragraph 1 a new paragraph shall be added  as follows : 
 3 
 “The right of distribution shall be exhausted for the territory of the European Union or 
members of the European Economic Area in respect of the original and copies of the work if 
the first sale or other transfer of ownership on that object in the European Union or members 
of the European Economic Area is effected by the right holder or with his consent .” 
 
Article  8 
 
In Article 49 item 3, the words “the purpose ”, shall be replaced by words: “the sole 
purpose” , and after the word  “intermediary ” the words : “or other lawful use” shall be added . 
 
In item  4, the word  “special ” shall be replaced by the word “independent ”. 
 
Article  9 
 
In Art icle 52 paragraph  1, in the introductory sentence, the words : “in not more than 
three copies ,” shall be deleted . 
 
Paragraph  2 shall be replaced by the following : 
 
“Reproduction referred to in paragraph  1 of this Article  shall be prohibited with respect 
to entire book, sheet music, electronic database s, computer programs as well as to the 
construction of architectural objects  according to the design and on the basis of the copies 
unlawfully made or unlawfully made available to the public ”. 
 
Article  10 
 
 In Article 61 after paragraph 2 a new paragraph shall be added as follows:  
 
“Any contractual provision contrary to par agraphs 1 and 2 of this Ar ticle shall be null 
and void.“  
 
Article 1 1 
 
In Article 63 paragraph 3 shall be replaced by the following:  
 
“The pro tection of copyrights of co -authors of musical works with lyrics, that is  the 
author of the lyrics and the composer of the music, shall run until the expiry of 70 years from 
the death of the last of the co-author s, irrespective  of whether or not thei r cont ribution s merge 
in such works as inseparable  wholes  pursuant to Article 11 of this Law, provided that 
contributions of the co -authors w ere specifically created for that  musical work.”  
 
 4 
 Article  12 
 
After Article 69, a new section shall be added with eight new Articles worded as 
follows : 
 
“SECTION F 
USE OF WORK OR PHONOGRAM WHICH AUTHOR OR RIGHTHOLDER IS NOT 
IDENTIFIED OR LOCATED  
 
Orphan works  
Article  69a 
 
A work or phonogram which author or rightholder is not identified or located 
(hereinafter : the orphan w ork) shall be the work or phonogram in which the rightholder of that 
work or phonogram is not identified or, if one or more of rightholders are identified, none is 
located in the diligent search, carried out  in accordance  with Article 69e of this Law  and 
recorded in accordance with article 69f of this Law.  
 
Where there is more than one rightholder in a work or phonogram, and not all of them 
have been identified or, even they have been identified, but have not been located despite the 
diligent search  carried  out in accordance  with Article  69e of this Law and recorded in 
accordance  with Article 69f of this Law , the work or phonogram  may be used for reproduction 
in accordance with Article 21 and 127 item 1 of this Law and made available to the public  in 
accorda nce with Article 31 and 127 item 4 of this Law , provided that the organ isation referred 
to in paragraph  4 of this Article was given author isation for such use by the rightholders of that 
work or phonogram, who have been identified and located . 
 
Giving  of author isation referred to in paragraph  2 of this Article shall be without 
prejudice to the rights in the work or phonogram of rightholders that have been identified and 
located.  
 
The works and phonogram s referred to in paragraphs  1 and  2 of this Article may be 
used by publicly accessible libraries , educational establishments and museums, archives, film 
and audio heritage institutions and public -service broadcasting organisations established in 
Montenegro in order to carry out the work of public interests.  
 
The works and phonogram s referred to in paragraphs  1 and  2 of this Article may be 
used by publicly accessible libraries , educational establishments and museums, archives, film 
and audio heritage institutions and public -service broadcasting organisations est ablished in the 
European Union Member States or members of the European Economic Area in order to carry 
out the work of public interest.  
 
 Provisions of paragraphs  1 to 5 of this Article and Articles  69b to 69h of this Law  5 
 shall be without prejudice to the  provisions of this L aw on anonymous or pseudonymous 
work s and arrangements concerning  collective  management of rights .  
 
Scope of application   
Article  69b 
 
Provisions of Article 69a and Articles  69c to 69h of this Law  shall apply to works 
and phonograms w hich are protected by copyright and p honograms protected by related 
rights that are first published in Montenegro and on unpublished works and phonograms 
that are  first broadcast ed in Montenegro as follows : 
 
1) works published in the form of books, journals, newspapers, magazin es or other 
writings making an integral  part of the collections publicly accessible libraries , 
educational establishments or museums as well as in the collections of archives 
or film or audio heritage institutions ; 
2) cinematographic or audiovisual  works and phonograms making a n integral  part 
of the collections of publicly accessible libraries, educational establi shments or 
museums as well as in the collections of archives or of film or audio heritage 
institutions , and  
3) cinematographic or audiovisual  works and phonograms produced by public -
service broadcasting organisations by 31 December 2002 and contained in 
their archives.  
 
Provisions of Article 69a and Articles 69c to 69h of this Law shall apply to works 
and phonograms which are protected by copyright and phonograms protected by related 
rights that are first published in a Member State of the European Union or a member of 
the European Economic Area and on unpublished works and phonograms  that are first 
broadcast ed in a Member State of the E uropean Union or member of the European 
Economic Area as follows:  
 
1) works published in the form of books, journals, newspapers, magazines or 
other writings making a part of the collections publicly accessible libraries , 
educational establishments or muse ums as well as in the collections of 
archives or film or audio heritage institutions;  
2) cinematographic or audiovisual  works and phonograms making a n integral  
part of the collections of publicly accessible libraries, educational 
establishments or museums as well as in the collections of archives or of 
film or audio heritage institutions, and  
3) cinematographic or audiovisual  works and phonograms produced by 
public -service broadcasting organisations by 31 December 2002 and 
contained in their archives.  
 
Prov isions of Article 69a and Articles  69c to 69h of this Law  shall also apply to : 6 
  
1) works and phonograms referred to in paragraph  1 of this Article  which have 
never been published or broadcast , but which have been made publicly 
accessible by the organisations referred to in Article 69a paragraph  4 of this 
Law with the consent of the rightholders, provided that it is reasonable to 
assume that the rightholders would not oppose the uses referred to in Article  
69c of this Law ;  
2) works and other protected subject -matter that are embedded, or incorporated in 
or constitute an integral part of the works or phonograms  referred to in 
paragraph  1 of this Article  and item 1 of this paragraph .  
 
 
Permitted use of orphan works  
Article  69c 
  
The organisations referred to in Art icle 69a paragraph  4 of this Law  may use orphan 
works contained in their collections in the following ways : 
 
1) by making the orphan works available to the public ; 
2) by acts of reproduction, pursuant to  Article 21 of this Law , for the purposes of 
digitisation, making available to the public, indexing, cataloguing, preservation or restoration 
of the work concerned .  
  
 The use of orphan works pursuant to  paragraph 1  of this Article  shall be permitted 
for the purpose of carrying out their public -interest missions , in particular the 
preservation and restoration of the works and phono grams contained in their collec tion 
and ensuring their accessibility for cultural and educational needs.  
 
 The organ isations referred to in Article 69a paragraph  4 of this Law  may generate 
revenues from use of the orphan works for the exclusive purpose of covering their costs 
of digitizing orphan works and making them available to the public.  
 
 The organ isations referred to in Article 69a paragraph  4 of this Law  shall indicat e 
the n ame of identified author s and other rightholders  in any use of an orphan works .  
 
  Provisions of Articles  69a, 69b, paragraphs 1 t o 4 of this Article and 69d to 69h of 
this Law  shall be without prejudice to the freedom of contract of organ isations referre d to 
in Article 69a paragraph  4 of this Law  in carrying out the public -interest missions , 
particularly in respect of concluding public -private partnership agreements.  
 
 
 
 7 
  
Recognition  of the status of an orphan work established in the European Union  
Articl e 69d  
 
In terms of this Law, a work or phonogram  considered an orphan work in a 
Member State of the European Union  shall be considered an orphan work  also in 
Montenegro . 
 
The provision of paragraph 1 of this Article  shall apply also in  the case of 
existen ce of several rightholders in a  work or  a phonogram, of which not all have been 
identified or located , to the rights of those rightholders who have not been identified or 
located.  
 
Diligent search  
Article  69e 
 
The organ isations referred to in Article  69a paragraph  4 of this Law  shall , in order 
to establish whether a work or phonogram is an orphan work, prior to their use, ensure 
that a diligent search is carried out in respect of each work or other protected subject -
matter, by consulting the appropriate sou rces of data for the specific category of works 
and other protected subject matters .  
 
The sources of diligent search that are appropriate for specific categories of works 
or phonograms shall be laid down by the Ministry, with previous consultations with 
rightholders and users of that particular category of work or phonogram.    
 
The d iligent search shall be carried out : 
1) by consulting the sources determined  by the regulation referred to in 
paragraph  2 of this Article , which are available  in Montenegro ; 
2) by consulting the publicly accessible  online database , established and 
managed by the Office for Harmon isation in the Internal Market of the European 
Union ;  
3) where it is not possible to identify or locate the rightholders by consulting the 
sources referre d to in items 1 and  2 of this paragraph, and when there is evidence to suggest  
that relevant information on rightholders may be found in other countries , by consulting the 
sources of information available in th ose countries . 
 
Diligent search  shall be carri ed out in the Member State of the European Union of 
the first publications of the work or phonogram or where the work or phonogram 
concerned has not been published in the Member State of the European Union, the diligent 
search  shall be carried out in the M ember State of the European Union of the first 
broadcast, and in the case of cinematographic or audio -visual  works in a Member State of 
the European Union in which the producer has his headquarters or habitual residence, if the 8 
 producer of such works has h is headquarters or habitual resid ence in another Member State  
of the European Union.  
 
In the case  referred to in Article  69b paragraph  3 item 1 of this Law , diligent search  
shall be carried out in the Member State of the European Union where the organ isation that 
made the work or phonogram publicly accessible with the consent from the rightholder is 
established.  
 
Records on diligent searches  
Article  69f 
 
The organ isation referred to in Article  69a paragraph  4 of this Law  shall maintain 
records on diligent searches carried out and provide the competent authority with 
the following info rmation :  
 
1) the results of the diligent searches that it carried out and which have led to  
the conclusion that a work or a phonogram is considered an orphan work ; 
2) the use of the  orphan work pursuant to  provisions of A rticles  69a to 69e , 
Articles  69g and 69h of this Law ; 
3) any changes of the orphan work status of works or phonograms that the 
organ isations use, pursuant to  Article 69g of this Law ; 
4) the contact information of the organ isation concerned (name, address, 
telephone number, fax number, e-mail address ). 
 
The information s referred to in paragraph  1 of this Article , except the  
information s available  in the Office for Harmon isation in the Internal Market of the 
European Union, s hall be recorded in the publicly accessible  online  database . 
 
The database referred to in paragraph  2 of this Article  shall be established , 
managed  and published on its web page by the competent authority.  
 
Upon receiving the information s referred to in pa ragraph  1 of this Article , the 
competent authority shall without delay forward th ose information s to the Office for 
Harmon isation in the Internal Market of the European Union.  
 
End of orphan work status  
Article  69g 
 
A rightholder in a work or phonogram con sidered to be an orphan work may, at any 
time, put an end to the orphan work status.  
 
Provisions of Articles 69a to 69c and Articles 69e to 69f of this Law shall not apply to 
the work or phonogram whose orphan work status has ended . 9 
  
Provisions of pa ragrap hs 1 and 2 of this Article  shall apply also in the case of 
existence of several rightholders in a work or phonogram, of which not all have been 
identified or located.  
 
Fair compensation  
Article  69h   
 
The rightholder referred to in Article  69g of this Law , shall be entitled to a fair 
compensation for the use of works and other protected subject -matter pursuant to  Article 69c 
paragraph  1 of this Law  by the end of the orphan work status . 
 
 The compensation r eferred to in paragraph  1 of this Article shall be p aid by the 
organ isation referred to in Article  69a paragraph  4 of this Law , at request of the rightholder 
in a work or phonogram.  
 
The amount of the compensation referred to in paragraph  1 of this Article , shall be 
agreed by the rightholder  referred to in Article  69g of this Law  and the organ isation 
referred to in Article  69a paragraph  4 of this Law .  
 
Where the amount of the compensation cannot be agreed, the compensation amount 
shall be set by the competent court, taking into account in particular the cat egory of the 
orphan work, the period of use, the objectives of Montenegro in terms of promotion of 
culture, use for non -commercial purposes by the organ isations referred to in Article  69a 
paragraph  4 of this Law  and their carrying out of public -interest missions , such as 
promotion of education and culture, as well as possible damage caused to the rightholder.  
 
The fair compensa tion shall be paid for a retroactive period of no more than three 
years,  counting from the day of the end of the orphan work status . 
 
The limitation period for the right to a fair compensation re ferred to in paragraph  1 
of this Article , shall expire in one year from the day of end of the orphan work status .” 
 
Article  13 
 
In Article 110, the words : “do not relate ” shall be replaced with  words : “shall be 
without prejudice ”. 
 
Article  14 
 
In Article 116, the words : “Articles  117 t o 145” shall be replaced with  words : “Articles  
117 t o 138”.  
 
Article  15 
 10 
 In Article 123 paragraphs  1 and  2 shall be amended as follows : 
 
“By concluding a  contract  on inclusion of his performance into a film production or a 
phonogram, the performer shall be presumed to have assigned to the film producer  or the 
producer of  phonogram , exclusively and without limitations, his economic rights in the 
performance and to the photographs  made in connection to this performance, unless otherwise 
provided by the contract.  
 
The performer referred to in paragraph  1 of this Article shall have the right to a 
renumeration  from the film producer for each single economic right referre d to in paragraph  1 
of this Article , as well as from the producer of phonogram for his right  of rental .” 
 
 
Article  16 
 
In Article 125 paragraph  1, after the word  “performer ” the following words shall be 
addedd : “with the exeptions  referred to in paragraphs  2 and  3 of this Article ”. 
 
In paragraph  2, after the word  “performance ”, a comma and the following words shall 
be added : “otherwise than  in a phonogram ”.  
   
After paragraph  2 a new paragraph shall be added  as follows : 
 
“If a fixation of the performance i n a phonogram is lawfully published or lawfully 
communicated to the public within the period referred to in paragraph  1 of this Article , the 
protection of economic rights of the performer shall expire 70 years from the da te of the first 
publication or the first communication to the public, whichever is the earlier .”  
 
Current paragraph  3 shall become paragraph  4. 
 
Article  17 
 
In Article 130 paragraphs  1 and 2, the words : “50 years ” shall be replaced with  words : 
“70 years ”. 
In paragraph 3 the words:  ”paragra ph 2” shall be replaced with words: “paragraph 1” , 
and the words : “50 years” shall be replaced with  words : “70 years”.  
 
Article  18 
 
After Article 130, three new Articles shall be added  as follows : 
 
“Consequences of not exploiting the  phonogram by the produ cer of phonogram  
Article  130a  11 
  
If 50 years  after the phonogram was lawfully published, or where a phonogram was 
not published, 50 years after it was lawfully communicated to the public, the phonogram 
producer does not offer copies of the phonogram for sal e in sufficient quantity or does not 
make it available to the public, the performer may terminate the contract by which the 
performer has transferred or assigned his rights in the fixation of his performance to a 
phonogram producer (hereinafter : contract o n transfer or assignment ).  
 
The performer may terminate the contract on transfer or assignment if  phonogram 
producer , within a year from the notification by the  performer  of his intention to terminate the 
contract on transfer or assignment, does not offe r copies of the phonogram for sale in 
sufficient quantity or does not make it available to the public.  
 
The provision of the contract on transfer or assignment waiving the right of the 
perfo rmer to terminate the contract on transfer or assignment shall be  null and void.   
 
Where a phonogram contains the fixation of the performances of several perfor mers, 
the performers may terminate their contracts on transfer or assignment in accordance  with the  
law governing contractual relations.  
 
Where the contract on transfer or assignment is terminated in accordance with the  
paragraphs  1 do 4 of this Article , the rights of the phonogram producer in the phonogram shall 
expire . 
 
Annual supplementary remuneration   
Article  130b 
 
The performer who, based on a contract on t ransfer or assignment of rights has right  to 
claim a non -recurring remuneration , shall also have right  to a supplementary remuneration 
from the phonogram producer for each year following the 50th year after the phonogram w as 
lawfully publi shed, or lawfully  communicated to the public if the phonogram was not 
published .   
 
The performer may not waive the right to annual supplementary remuneration r eferred 
to in paragraph  1 of this Article .   
 
The phonogram producer shall pay the performer the remuneration referred to in 
paragraph  1 of this Article in the amount corresponding to 20% of the revenue which the 
phonogram producer generated from the reproduction, distribution and making available of 
the phonogram concerned during  the year precedin g that for which th e said remun eration is 
paid,  following the 50th year after it was lawfully published or, failing such publication, the 
50th year after it was lawfully communicated to the public.   
 12 
 The phonogram producer shall  be required , at request of the performer who is entitled 
to the remuneration referred to in paragraph  1 of this Article , to provide information  which 
are necessary to establish the amount and for the payment of that remuneration . 
  
End of application of deductions from recurring payments to the perfo rmers  
Article  130c 
 
The phonogram producer may not, following the 50 th year after the phonogram was  
lawfully  published or if the phonogram was not published  after it was lawfully  communicated 
to the public, deduct adva nce payments or other contractually de fined deductions from the 
recurring payments made to the performer . 
 
Article  19 
 
In Article 135 item 6, the word  “broadcast s“, shall be replaced with the word : 
“broadcast fixation ”. 
 
Article  20 
 
In Chapter  V after Article 138, the title  “SECTION  F – RIGHTS  OF MAKERS OF 
DATABASE S” shall be replaced by the following :  
 
 “Chapter  Va 
SPECIAL  (SUI GENERIS ) RIGHTS OF MAKERS OF DATABASE S” 
 
Article  21 
 
Article  139 shall be replaced by the following :  
 
“Sui generis  right  
Article  139 
 
A m aker of a datab ase wh ich show s that there has been qualitative ly and/or 
quantitative ly a substantial investment in obtaining, verification or presentation of the 
contents of the database shall have the right  to prohibit extraction and/or re -utilisation of the 
database contents, in whole or its qualitatively and/or quantitatively substantial part.  
 
The extraction referred to in paragraph  1 of this Article shall mean the permanent or 
temporary transfer of all or a substantial part of the contents of a database to another medium 
by any m eans or in any form.  
 13 
 The re -utilisation referred to in paragraph  1 of this Article  shall mean making 
available to the public of all or a substantial part of the contents of a database by the 
distribution of copies, by renting, on -line or other forms of tr ansmission.   
 
The repeated and systematic extraction and/or re -utilisation of insubstantial parts of 
the contents of the database contrary to the normal exploitation of that database or which 
unreasonable prejudice the legitimate interests of the maker of  that datab ase shall be 
prohibited.  
 
Public lending is not an act of extraction or re -utilization  of the database content s. 
 
The provision of paragraph 1 of this Article shall not apply to computer programs used 
in the making or operation of electronic da tabases ”. 
 
Article  22 
 
Article  140 shall be replaced by the following : 
 
“Scope of application of the sui generis  right  
Article  140 
 
The right provided for in Article  139 paragraph  1 of this Law  shall apply irrespective of 
the eligibility of that database and its contents for protection by copyright or by other rights.  
 
The protection of databases referred to in Article  139 paragraph  1 of this Law  shall be 
without prejudice to rights existing in respect of their contents .” 
 
Article  23 
 
Article  141 shall be replaced by the following : 
 
“Exercise of the sui generis right  
Article  141 
 
The sui generis  right r eferred to in Article  139 paragraph  1 of this Law , may be 
transferred, assigned or granted under the contract ual licence . 
 
Provisions of Articles 70 to 85 of  this Law shall apply to the transfer and assigning of 
the sui generis  right of maker s of database s.  
 
Where the database was made within  employment relations or on the basis of a 
temporary service contract, all economic rights on that database are exclusi vely and without 14 
 limitations shall be deemed assigned to the employer or the ordering party , unless otherwise 
provided by the contract .” 
 
Article  24 
 
Article  142 shall be replaced by the following : 
 
”Exhaustion of the control of resale of cop ies of a datab ases 
Article  142 
 
The first sale of a copy of a database on the territory of Montenegro by the rightholder  
or with his content shall exhaust the right of the rightholder  to control the resale of that copy in 
Montenegro.  
 
The first sale of a copy of a data base on the territory of the European Union or 
countries of the European Economic Area by the rightholder  or with his content shall exhaust 
the right of the rightholder  to control the resale of that copy in the European Union. ” 
 
Article  25 
 
Article  143 shall be replaced by the following : 
 
“Rights and obligations of lawful users of database  
Article  143  
 
The maker of a database which is made available to the public shall be prohibited to 
prevent a lawful user of the database or its part to extract and/or re -utilise insubstantial 
parts of its contents, evaluated qualitatively and/or quantitatively . 
 
The lawful user of a database which is made available to the public or its copy shall 
be prohibited to perform acts which conflict with  a normal exploitation of t he database 
and which  cause unreasonable prejudice to the legitimate interests of the maker s of the 
database .  
 
The lawful user of a database which is made available to the public or its copy shall 
be prohibited to infringe  copyright or related rights in r espect of the work or subject 
matter which forms part  of that database.  
 
The provisions of a contract which allows  derogations from the paragraphs  1 to 3 of 
this Article shall be null and void” .  
 
 
 15 
 Article  26 
 
Article  144 shall be replaced by the followi ng: 
 
“Restrictions to the sui generis rights  
Article  144 
 
Lawful user of a database which  is made available to the public may, without 
the author isation of its maker, extract or re -utilise a substantial part of contents of that 
database in the cases of ex traction :  
1) of the contents of a non -electronic database for private purposes ;  
2) for the purposes of illustration for teaching or scientific research, if the source is 
indicated and to the extent justified by the non -commercial purpose  to be achiev ed;  
3) and/or re-utilisation for the purposes of public security or administrative or judicial 
procedure .”  
 
Article  27 
 
In Article 145 paragraph  1 shall be replaced by the following : 
 
“The protection of the rights of makers of database shall last from the da te of making 
of the database until 1 January of the year following the expiration of 15 years from the date 
of making of the database .” 
  
 Paragraph  2 shall be replaced by the following : 
 
“If a database is made available to the public within the period r eferred to in paragraph  
1 of this Article , the protection of rights of the maker s of databases shall last until 1 January 
of the year following the expiration of 15 years from the date when the database was first 
made available to the public .” 
 
Article  28 
 
After Article 145 a new article shall be added  as follows:  
“Beneficiaries of protection under the sui generis right  
Article 145a  
The sui generis right referd to in article 139 of this Law shall apply to database whose 
makers or rightholders are nationals of  a Montenegro or who have their habitual residence in 
the territory of the Montenegro.  16 
 The sui generis right referd to in article 139 of this Law  shall also apply to database 
whose makers or rightholders are companies and firms formed in accordance with th e law of a 
Montenegro and having their registered office or principal place of  business within the 
Montenegro.   
Where the company or firm referd to in paragraph 2  of this Article  has only its 
registered office in the territory of the Montenegro , its operat ions must be genuinely linked on 
an ongoing basis with the economy of a Montenegro.  
The sui generis right referd to in article 139 of this Law shall apply to database whose 
makers or rightholders are nationals of a Member State of the European Union or who  have 
their habitual residence in the territory of the  European Union . 
The sui generis right referd to in article 139 of this Law  shall also apply to database 
whose makers or rightholders are companies  and firms formed in accordance with the law of a 
Membe r State of the European Union and having their registered office, central administration 
or principal place of business within the European Union.  
 Where the company or firm referd to in paragraph 5  of this Article  has only its 
registered office in the ter ritory of the European Union , its operations must be genuinely 
linked on an ongoing basis with the economy of a Member State  of the European Union .” 
Article  29 
 
After Article 148 a new article shall be added  as follows : 
 
“Forms  of collective management of rights  
Article  148a  
 
The author isation for the exercise of the  activities of collective management of 
copyright and related rights may be issued  to the Society  for: 
 
1) collective management on voluntary basis ; 
2) collective management on voluntary basis  with extended effect referre d to in Article  
167 of this Law , or 
3) mandatory collective management of rights referred to in Article 155 of this Law . 
  
In the case  referred to in paragraph  1 item 1 of this Article , the Society  may exercise 
only the rights on the subject matter for which  the rightholders assigned management  of their 
rights to the Society .” 
 
 
 17 
 Article  30 
 
In Article 150 paragraph  2 shall be replaced by the following : 
 
“The author isation referred to in paragraph  1 of this Article , may be issued  only to one 
Societ y for a certain  type of right s.”  
 
After paragraph  2, four new paragraphs shall be added as follows : 
 
“The authorisation  referred to in paragraph  1 of this Article , may be issued  only to one 
Society for a certain  type of protected matter . 
 
The authorisation  referred to in paragraph  1 of this Article  may be issued to one Society  
for management  of several different types of rights and several different  types of protected 
matters . 
 
The Society  referred to in paragraph  4 of this Article , shall ensure, in its statute, the 
proportional  representation of rightholders of different types of rights in different  types of 
protected ma tters in organ s of the Society . 
 
The provisions of p aragraphs  2 and  3 of this Article shall not apply to authorisation  for 
multi -territorial collective management o f online rights in musical works .” 
 
Article  31 
 
In Article 155 paragraph  1, after the item 5 a new item shall be added  as follows : 
 
“6) the annual supplementary remuneration for performers referred to in Article  
130b of this Law .” 
 
Article  32 
 
Article  167 shall be replaced by the following : 
 
“Collective management on voluntary basis with extended effect  
Article  167 
 
The activity of the Society  established  on voluntary basis shall, in accordance with this 
Article, b e extended also to management of rights on  protected matters of those rightholders 
who have not assigned the management of their rights to the Society . 
 18 
 The Society  referred to in paragraph  1 of this Article shall perform the activity of 
collective managem ent of copyright and related rights of all rightholders with regard  to 
protected  matter s which are included in its activity , provided that:  
 
1) individual management of right is complex or impractic able, and therefore , the 
right  is normally managed collective ly; 
2) the Society  represents, in addition to rightholders from Montenegro, also the  
foreign rightholders on the basis of bilateral agreements with foreign  Societies . 
  
 The rightholder who decides to exercise his rights individually shall notify  the 
Society  referred to in paragraph1 of this Article of his decision no later than three months 
before the end of the current year.  
  
 In the case referred to in paragraph  3 of this Article , the Society  shall cease the 
collective management of the rights of the rightholder  who submitted  the notification as of 1 
January of the following year.  
   
The Society  referred to in paragraph  1 of this Article  shall inform the users with whom 
it concluded the contracts  about  the decision referred to in paragraph  3 of this Artic le by 1 
January of the year in which it ceases the collective manageme nt of rights of the rightholder 
who submitted  the notification.  
 
The Society  referred to in paragraph  1 of this Article shall,  when distributing the entire 
amount of revenues generated, fulfil its obligations to the rightholders who have not 
submitted the notification referred to in paragraph  3 of this Article , under the same conditions 
under which it fulfil its obligations  to its members.  
 
The provision of paragraph 6 of this Article shall apply also to rightholders who submit  
the notification referred to in paragraph  3 of this Article by the end of the year in which the 
notification was submitted .”   
 
Article  33 
 
After Article 180, a new Section  and eleven new Articles  shall be added,  worded as 
follows : 
 
“SECTION  F 
GRANTING OF MULTI -TERRITORIAL LICENCES FOR COLLECTIVE 
MANAGEMENT OF INTERNET RIGHTS IN MUSICAL WORKS   
 
Multi -territorial licences   
Article  180a 
 19 
 The collective management organ isation complying with the conditions referred to i n 
Articles  180b to 180k of this Law  may grant multi -territorial licences for online  rights in 
musical works .  
 
 Provisions of Article 150 paragraphs 2  and 3 and Article 167 of this Law shall not 
apply to collective management organ isations referred to in p aragraph  1 of this Article .    
 
In terms of paragraph 1 of this Article and  Articles  180b to 180k of this Law , the 
license is considered as non-exclusive  assignment of right of use  of protected matter 
referred to in Article 165 paragraph  1 of this Law .  
 
Capacity to process multi -territorial licences   
Article  180b 
 
The license may be granted by a collective management  organisation complying with 
the conditions for : 
 
1) an efficient and tran sparent electronic ally processing of data needed for the 
administration of such licences ; 
2) identification of the repertoire and monitoring of its use ; 
3) invoicing users ;  
4) collecting the revenues from the rights assigned , and  
5) distribution of amounts due to rightholders .  
 
  For the purpose of complying with the requirements provi ded for  in paragraph  1 of 
this Article , the collective management  organ isation shall in particular : 
 
1) ensure that it accurately identifies  the musical works, wholly or in part, which the 
collective management  organ isation is authorised to represent ;  
2) ensure that it accurately identifies, wholly or in part, with respect to each relevant 
territory, the rights on each musical work or its part and their corresponding 
rightholders that the collective management  organ isation is authorised to represent;  
3) use unique  identifiers for identifying the rightholders and musical works, taking 
into account the voluntary industry standards and practices;  
4) use adequate means to identify and resolve in a timely and effective manner  
inconsistencies in data held by othe r collective management  organ isations granting  
multi -territorial licences for online rights in musical works.  
 
Transparency of multi -territorial repertoire information   
Article  180c 
 
 The collective management organ isation referred to in Article  180a of this Law , 
shall, at a duly justified request, provide  to online service  providers , to rightholders 20 
 whose rights it represents and to other collective management organ isations, by 
electronic means, accurate and up -to-date infor mation needed for identificatio n of the 
online music repertoire it represents .     
 
 Information  referred to in paragraph  1 of this Article shall include in particular 
the information on : 
 
1) the musical works that the organ isation represents ;  
2) the rights represented wholly or in apa rt, and  
3) the territories covered .  
  
 The collective right management organi sation may take, where necessary , 
measures to protect the accuracy and integrity of data, to control re use of data and to 
protect commercially sensitive information.  
 
Accuracy of multi -territorial repertoire information  
Article  180d 
 
 The collective management organisation referred to in Article  180a of this Law  
shall ensure implementation of procedure upon request filed by the rightholder, the 
collective management organ isation and/or online service provider, for correction of the 
data and informations referred to in Article  180b paragraph  2 and 180c of this Law  
where they consider, on the basis of evidence, that such data or information are 
inaccurate.   
 
 Where the claim referr ed to in paragraph  1 of this Article  is justified, the 
collective management organ isation shall, without delay, make the correction of the 
data.  
 
 The collective management organ isation shall provide rightholders in musical 
works included in its musical re pertoire and rightholders referred to in Article  180j of 
this Law  who have entrusted it the management of their online rights in musical works,  
in electronic form,  with information concerning their musical works (title of the work, 
etc.), the rights in tho se works and the territories in respect of  which rightholders 
author ise the organ isation and when doing so, the collective management organisation and 
the rightholders shall take into account, as far as possible, voluntary industry standards or 
practices r egarding the exchange of data, allowing rightholders to specify the musical work, 
wholly or in part, the online rights, wholly or in part, and the territories in respect of which 
they authorise the organisation.  
  
 The provision of paragraph 3 of this Arti cle shall also apply to  the collective 
manag ement organ isation that the organ isation referred to in paragraph  1 of this Article  
mandated  for granting  the multi -territorial licences  for online rights in musical works  in 21 
 accordance with Articles  180h and 180i of this Law , unless the collective management 
organ isations agree otherwise .  
 
Accurate and timely reporting   
Article  180e 
 
  The collective management organ isation referred to in Article  180a paragraph  1 of 
this Law  shall monitor the use of online right s in musical works which it represents , 
wholly or i n part, by online service provi ders to wh ich it has granted the license . 
 
  The collective management organ isation shall offer online service providers the 
possibility of reporting by electronic means on the use of online rights in musical works.  
  
 The online service  providers shall accurately report  the collective management 
organ isation on the use of works referred to in paragraphs  1 and  2 of this A rticle .  
 
 The collective management organ isation referr ed to in paragraph  2 of this Article , 
shall offer to the online service provider s the use of at least one method of reporting 
which takes into account th e voluntary industry standards or practices for the electronic 
exchange of such data.  
 
 The collective management organ isation is not obliged to  accept the reporting by 
the online service provider s in their format if it for reporting provided the possibility of 
using an industry standard for the electronic exchange  of data.  
 
Invoicing and payments  
Article  180f 
 
  The collective management organ isation shall provide the online service providers 
with an invoice in electronic form, using at least one format which  takes into account 
voluntary industry standards or practice.  
 
 The invoice r eferred to in paragraph  1 of this Article  shall include the information 
on:  
 
1) the works and rights for which the license is granted , wholly or in part, on the 
basis of the data ref erred to in Article  180b paragraph  2 of this Law , and  
2) use, on the basis of the information provide d by the online service provider and 
the format used to provide that information.  
 
 The online service provider  must  accept the invoice if the collective management 
organ isation issued it in the format which uses an industry standard.  
 22 
  Where the online se rvice provider reports on use of online rights in a musical work, 
the collective management organ isation shall, without delay, issue an accurate invoice, 
except where invoicing is not possible for reasons attribut able to the online service 
provider.  
 
 The collective management organ isation shall , at the request of online servis 
provider, ensure implementation of a procedure addressing the complaint to the accuracy 
of the invoice, as well as  in cases when online service provid er receives invoices from 
one or  more collective managem ent organ isations for the same online rig hts in the same 
musical work.  
 
Payments to rightholders  
Article  180g 
 
The organ isation referred to in Article  180a paragraph  1 of this Law  shall 
distribute revenues which belong  to the righth olders, accrue d from licences granted , 
accurately and without delay after the use of the online rights in a musical work  is 
reported, except where distribution of revenue is not possible for reasons attribut able to 
the online service provider.  
 
The collect ive management organ isation shall, during distribution of revenues 
referred to in paragraph  1 of this Article , provide the rightholder in particular with the 
following information : 
 
1) the period during which the work was used for which amount s are due  to the 
rightholder s, as well as the territories of the countries where the use of the work 
took place ; 
2) the amounts collected by the collective management organ isation, deductions  
made  and amounts distributed for each online right in a musical work for whic h 
right holders authorised the collective management organ isation to repr esent 
them, wholly or in part ;  
3) the amounts collected for rightholders, ded uctions made and amounts that the 
collective management organ isation distributed in respect  of each online  service 
provider . 
  
 The collective ma nagement organ isation which  is, pursuant to Articles 180h and  180i of 
this Law  mandated  by the organ isation referred to in Article 180a paragraph  1 of this Law  to 
grant multi -territorial licenses  for online rights in mu sical works  shall distribute the revenues 
referred to in paragraph  1 of this Article accurately and without delay, and provide the 
information referred to in paragraph  2 of this Article  to the mandating collective 
management organ isation. 
 
 The mandating collective management organ isation in accordance with Articles  180h 23 
 and 180i of this Law  shall be responsible for subsequent  distribution of revenues and 
provision of information to rightholders, unless agreed otherwise.  
 
Agreements betwe en collective manag ement organ isations in respect of granting multi -
territorial licences   
Article  180h 
 
A representation agreement betwe en collective management organ isations 
whereby a collective management organ isation mandates  another collective 
management organ isation to grant multi -territorial licences  for the online rights in 
musical works in its own music repertoire shall be non -exclusive.  
 
In the case of a non -exclusive representation agreement referred to in paragraph  1 of 
this Article  it shall be considered  that, in addition to the mandat ed organ isation, the multi -
territorial licences  for online rights in musical works may be granted also by mandating  
collective management organ isation, as well as any other organisation mandated  for that in 
accordance with paragraphs 1 and  3 to 6 of this Article and Article 180i of this Law .  
 
The mandated  collective management organ isation shall manage the online rights  
referred to in paragraph  1 of this Article on a non -discriminatory basis , that is, under the 
same conditio n it appli es for managing its o wn repertoire.  
 
The mandating collective management organ isation shall within 30 days from the 
day of signing the repres entation agreement inform its members of the main terms of the 
agreement, including its duration and the costs of the services provided by the mandated  
collective management  organ isation. 
 
The mandated  collective management organ isation shall inform  the mandating 
collective management organisation  of the main terms according to  which it grants the 
license  for its onlin e rights.  
 
The notification referred to in paragraph 5 of this Article shall include in 
particular the information on the nature of the exploitation, fees for the license , the 
duration of the license , accounting periods and the territory covered.  
 
 
Obligat ion to repres ent another collective management organisation in respect of granting  
multi -territorial license   
Article  180i 
 
Where a collective management organ isation which does not grant or offer to grant 
multi -territorial licences  for the online rights i n musical works in its own repertoire requests 
another collective management organ isation to sign a representation agreement in respect of 24 
 those  rights, the requested collective  management organ isation shall acc ept that request under 
the terms under which it is granting or offer ing to  grant multi -territorial licences  for the same 
category of online rights in musical works in the repertoire of one or more other collective 
management organ isations.  
  
The requested collective management organ isation shall, wit hout delay, respond to the 
request in writing.  
 
 The requested collective management organ isation shall manage the represented 
repertoire of the requesting collective management organisation  under the same 
conditions it applies to the management of its own  repertoire in case the agreement is 
concluded.  
 
 The requested collective management organisation  shall include the represented 
repertoire of the requesting collective management organ isation in all offers it addresse s 
to online service  providers.  
 
 The fee for the service  that the requested collective management organ isation 
provides to the requesting collective management organ isation shall not exceed the 
amount of justified costs (costs for needed and reasonable investments) of the requested 
collectiv e management organ isation.  
 
 The requesting collective management organ isation shall make available to the 
requested  collective management organ isation the information relati ng to its own music 
repertoire, required  for granting the multi -territorial licen se for online rights in musical 
works.  
 
 Where the information s referred to in paragraph  6 of this Article , are insufficient or 
are provided in a form that does not allow the requested collective managem ent 
organ isation to meet the requirements referred to  in Articles  180b to 180h paragraphs  1 to 
6 of this Article and  Articles  180j and 180k of this Law , the requested collective 
management organ isation shall be entitled to charge for the costs reasonabl y incurred in 
meeting such requirements, or to exclude t hose works for which the information s are 
insufficient or cannot be used . 
 
Access to multi -territorial  licensing  
Article  180j 
 
Where a collective management organ isation does not grant or does not offer to 
grant multi -territorial licences  for online rights  in musical works or does not allow 
another collective management  organ isation to represent those rights for such purpose 
by 1 J anua ry 2020, the rightholders who have authorised that collective management 
organ isation to represent  their online rights in mu sical works can withdraw  from that 25 
 collective management organ isation the online rights in musical works for the purposes  
of granting multi -territorial licenses  in respect of all territories.  
 
In the case referred to in paragraph  1 of this Article the rig ht holders are not 
obliged  to withdraw the online rights in musical works for the purposes of mono -
territorial licensing  in order to grant the multi -territorial licences for  their online rights 
in musical works themselves , or through any other party they a uthorize or through any 
other collective management organ isation carrying out that activity in accordance with 
provisions of Articles  180a to 180k of this Law . 
 
Derogations in respect of online rights in musical works for radio and television programmes  
Article 180k 
 
The provisions of Articles  180a to 180j of this Law  shall not apply to collective 
management organ isations when they , on the basis of  voluntary aggregation of the 
required rights, in compliance with the law governing the protection of competiti on, 
grant multi -territorial licences  for the online rights in musical works where the 
broadcaste r which is broadcasti ng th e work requests those  online rights in order to 
communicate or make available  to the public:  
 
1) its radio or television program mes simul taneou sly with or after their initial 
broadcast, as well as  
2) any additional online material, including previews, produced by or f or that 
broadcast er, which is ancillary to the initia l broadcast of its radio or television 
programme. ″ 
 
Article  34 
 
In Article 186 paragraph  2 shall be replaced by the following : 
 
“Circumvention of efficient technological  measures designed to protect the protected 
matter shall be treated  as an infringement of copyright, related rights and sui generis  right of 
maker of database , if the circumvention of efficient technological measures is carried out by a 
person with the knowledge, or with reasonable grounds to know, that he or she is pursuing 
that objective .” 
 
Article  35 
 
After Article 192 a new article shall be added  as follows :  
 
“Injunction s against intermediar ies 
Article  192a  
 26 
 When his  copyright or related right  is infringed , the rightholder may file a claim  
requesting an injunction against an intermediary whose service was used by a third party to 
infringe  his right .” 
 
Article  36 
 
After Article 206, five new Articles shall be added worded as follows : 
 
“Application deadlines  
Article  206a  
 
The provision of Article 63 paragraph  3 of this Law  shall apply to musical works with 
words  of which at least the rights of the composer of musi c or those of the author of the lyrics 
were protected on 1 November 2013 and to musical works with words  which came into being 
after that date.   
 
As of the day of Montenegro’s accession to the European Union, the provision of 
Article 63 paragraph 3 of this  Law shall apply to musical works with words  of which  at least 
the rights of the c omposer of music or those of the author of the lyrics were protected in 
European Union on 1 November 2013 and to musical works with words  which came into 
being after that dat e. 
 
Paragraphs  1 and 2 of this Article  shall be without prejudice to any act of exploitation 
performed before 1 November 2013.  
 
Application to fixations of performance s and phonograms  
Article  206b  
 
Article  125 paragraph s 1, 2 and 3, Article  130 and  Article s 130a t o 130c of this Law  
shall apply to fixations of perf ormances and phonogra ms in regard to which the rights of 
performers and phonogram producers were protected on 30 October 2011 as well as to all 
fixations of performances and phonograms which  have came into being after 30 October 
2011.  
 
The persons that made copies of musical works with lyrics before 1 November 2013, 
which were not protected at the time when they came into being, may distribute such copies 
by 30 June 2017.  
 
Complying  of operations  
Article  206c  
 
The collective management Society  shall comply  its organ isation, operations and 
activities with this Law no later than one year from the day of entry into force of this Law . 27 
  
The competent authority shall revoke the authorisation for collectiv e management of 
rights to  the Society  referred to in paragraph  1 of this Article  if it fails to comply  its 
organ isation, operations and activit ies within a period referred to in paragraph  1 of this Article .  
 
Deferred application  
Article  206d 
 
Provisions of Article 42 paragraph  2, Article 69a paragraph  5, Article  69b paragraph  2, 
Article 69d, Article 69e paragraphs  4 and 5, Article  69f paragraph  4, Article  69i, Article  142 
paragraph  2 and Article 145a paragraphs  4, 5 and 6  of this Law  shall apply as of the  date of 
Montenegro’s accession to the European Union . 
 
Provisions of Articles  180a to 180k of this Law  shall app ly as of 1 January 2019.   
 
Ongoing procedures  
Article  206e  
The procedures for obtaining of authorisation for collective management  of rights , 
initiated prior to entry of this Law into force, shall be completed in accordance with provisions 
of this Law .” 
 
Article  37 
 
After Article 207 a new article shall be added  as follows : 
 
“Deadline for adoption of implementing  regulation  
Article  207a  
 
Impleme nting regulation  referred to in Article  69e paragraph  2 of this Law  shall be 
adopted within one year from the day of entry of this Law into force .” 
 
Entry into force  
Article  38 
 
This Law shall enter into force on the eighth day from the day of its publishi ng in the 
Official Gazette of Montenegro ”.