1 LAW  
 ON COPYRIGHT AND REL ATED RIGHTS  
 
CHAPTER ONE  
GENERAL PROVISIONS   
 
PART 1.  
INTRODUCTORY PROVISIONS  
 
Scope of the Law  
Article 1  
 
This Law shall regulate the right of authors in their copyright works (hereinafter: 
copyright), the rights of performers, ph onogram producers, video gram producers (film 
producers), broadcasting organiza tions, publishers and database makers in their 
subject -matter of related rights (hereinafter: related rights), the a dministration and the 
protection of copyright and related ri ghts and the  application of the Law.  
 
 
Public, disclosure and publishing  
Article 2  
(1) Public, within the meaning of this Law, shall mean the availability of a copyright work, 
or of a subject -matter of a related right, under equal conditions, to a larger n umber of 
persons outside of the closer circle of family ties or personal acquaintances.  
(2) A copyright work or a subject -matter of a related right shall be considered to be 
disclosed if it has been made available to the public, with the consent of the rig ht holder, 
unless otherwise provided by this Law.  
(3)  A copyright work or a subject -matter of a related right shall be considered to be 
published if, with the consent of the right holder, it has been made in a sufficient number 
of copies offered to the pu blic and distributed.  
Equitable remuneration  
Article 3  
The author or the holder of a related right shall be entitled to an equitable remuneration 
for every type of use of the copyright work or of the subject -matter of a related right, 
unless otherwise prov ided by this Law.  
 
Relationship between copyright and related rights  
Article  4  
  2 The management and protection of related rights, according to this Law, shall not 
prejudice nor in any way affect the management and protection of copyright.  
 
Exceptions and l imitations  
Article 5  
This Law may provide for special cases and conditions for exceptions and limitations to 
the use of copyright and related rights.  
 
PART 2.  
 RELATIONSHIP BETWEEN  COPYRIGHT AND RIGHT OF OWNERSHIP  
General provision  
Article 6  
Copyright is an  autonomous right and it is independent from the ownership right or other 
rights in the objects in which the copyright work is incorporated, unless otherwise 
provided by law.  
 
Separateness of transfer  
Article  7 
(1) The transfer of economic rights of the au thor of the work shall not affect the 
ownership right in the object where the copyright work is incorporated, unless otherwise 
provided by law or by contract.  
(2) The transfer of the ownership right under paragraph (1) of this Article shall not affect 
the transfer of the economic rights of the author of the work, unless otherwise provided 
by law or by contract.  
 
 
Joint property of spouses  
Article  8 
Joint property of spouses shall not include the copyright. Joint property of spouses shall 
include only the ec onomic benefits deriving from the use of copyright.  
 
 
Judicial execution  
Article  9 
(1) Judicial execution against copyright shall not be permitted.  
(2) Judicial execution shall be possible only against the economic benefit arising from 
copyright.  
(3) Judic ial execution against an uncompleted copyright work and against an 
undisclosed original of a copyright work shall not be permitted.  
  3  
Limitation on the right of adaptation  
Article  10 
(1) If the owner of an architectural structure intends to adapt that work , he shall be 
obliged to offer the adaptation primarily to the author of the original work, provided he is 
alive and available in a usual manner.  
(2) If the author unjustifiably refuses the offer laid down in paragraph (1) of this Article, 
the owner of the  work shall acquire the right of adaptation, but he shall be obliged to 
respect the author's moral rights.  
 
 Protection against destruction of originals  
 Article  11 
(1) If the owner of the original of a copyright work intends to destroy the original, he 
shall be obliged to offer the original to the author, and the author shall be obliged to 
compensate to the owner the value of the material from which the original was made.  
(2) If the return of the work to its author as referred to in paragraph 1 of this Arti cle is not 
possible, the owner shall be obliged, in an appropriate manner, to enable the author to 
make a copy of the original.  
(3) Where the copyright work, within the meaning of paragraph (1) of this Article, is an 
architectural structure, the author sha ll have the right to take photographs of the work, 
to be enabled access to the work in order to make a cartographic record and 
measurement survey of the structure, and to demand the delivery of photocopies of the 
projects at his own expense.  
 
CHAPTER TWO  
COPYRIGHT  
  
 PART 1.  
 COPYRIGHT WORK  
 
Notion of a copyright work  
Article 12  
(1) A copyright work, within the meaning of this Law, is an intellectual and individual 
creation in the field of literature, science and art, expressed in any manner and form.  
(2) A co pyright work shall be, in particular:  
1. A written work (book, paper, article, handbook, brochure, treatise and other 
works of the same nature);  
  4 2. A computer program, as a written work;  
3. A spoken work, (lecture, speech, address, and other works of the same 
nature);  
4. A musical work, with or without words;  
5. A dramatic work, dramatico -musical work, choreographic work and a work of 
pantomime;  
6. A photographic work and a work created in a process analogous to 
photography;  
7. An audiovisual work (cinemat ographic work and other work expressed in 
moving images);  
8. Works of fine art (painting, drawing, print, sculpture, etc.);  
9. Works of architecture,  
10. Works of applied art and design; and  
11. A cartographic work, plan, sketch, technical drawing, project , table, plastic 
work and other work of identical or similar character in the domain of geography, 
topography, architecture and science.  
(3) The adaptation of a copyright work, where it fulfills the conditions of this Law, 
shall be considered as a copyrigh t work.  
 
Component parts of a copyright work  
Article 13  
(1) Any component part of the copyright work, as well as the title of the work, insofar as 
it is intellectual  and individual creation by itself, shall be considered as a separate 
copyright work.  
(2) It shall not be permitted to use as the title of a copyright work a title, pursuant to 
paragraph 1 of this article, that has already been used for a work of the same type, if 
that title would create or would lead to confusion regarding the copyright work an d the 
author.  
 
Collections of copyright works  
Article 14  
(1) A collection of copyright works, of expressions of folklore, of data or of other 
material, which, by reason of the selection and arrangement of its component parts, 
constitutes an individual and intellectual creation, such as: encyclopedia, anthology, 
book of papers, music collection, collection of photographs, maps, exhibition, 
placement, collection of documents, and other collections, shall be considered as a 
copyright work.   5 (2) The copyright in  the work from paragraph 1 of this Article shall in no way extend to 
its component parts and shall not affect the rights in such parts.  
 
Databases  
Article 15  
(1) A database shall be a copyright work.  
(2) A database, within the meaning of paragraph 1 of thi s Article, shall be a collection of 
data, arranged in systematic or methodical way, and individually accessible by 
electronic or other means.  
(3) The copyright in the database shall not apply to computer programs used in the 
making or operation of database s accessible by electronic means.  
 
Unprotected creations  
Article 16  
Within the meaning of this Law, the following shall not be considered as a copyright 
work:  
1. Ideas, theories, concepts, operation methodologies, or mathematical concepts, 
regardless of t he manner of explanation or expression;  
2. Official texts of a political, legislative, administrative and judicial nature and 
their official translations;  
3. Daily and other news having the character of mere media information, 
miscellaneous facts and data;  and 
4. Ideas and concepts which underlie any element of a computer program, 
including the program components that enable connection and interaction 
between the elements of the software and of the hardware equipment 
(interfaces).  
  
  
PART 2.  
AUTHOR  
 
Notion o f author  
Article 17  
(1) The author, within the meaning of this Law, shall be a natural person who has 
created the copyright work.  
(2) The copyright belongs to the author by the mere act of creation of the work.  
  6 Presumption of authorship  
Article 18  
(1) A p erson whose name, pseudonym, code or other sign is denoted in a usual manner 
on the work or its copies, or is indicated at the time of its disclosure, shall be considered 
as an author, until proved to the contrary, in accordance with this Law.  
(2) In a cas e where the author is unknown, nor can be determined in accordance with 
the provisions of paragraph 1 of this Article, the copyright shall be exercised by the 
person who has lawfully disclosed the copyright work.  
(3) The provision under paragraph 2 of this  Article shall cease to apply once the 
author’s identity is established. In that case, the person under paragraph 2 of this Article 
shall be obliged to surrender to the author the economic benefits acquired from the 
exercise of copyright, unless otherwise agreed between them by contract.  
Co-authors  
Article 19  
(1) The copyright in  a work created in collaboration of two or more persons  shall belong 
to all th ose persons (co -authors).  
(2) The consent of all the co-authors shall be  necessary for every  use of the  work under 
paragraph 1 of  this Article . An individual co -author cannot refuse to give his consent for 
reasons that are contrary to the principle of conscientiousness and good faith.  
(3) Where the work created by co -authors is composed of independent parts  (divisible 
whole ), each co -author may permit independent use of his part, provided that such use 
does not prejudice the use of the joint work or the rights of the other co -authors.  
(4) The share of each co -author in the remuneration from the use of the wo rk shall be 
determined in a proportion to the real contribution that each one  of them had in  the 
creation of the work, unless otherwise agreed  by the co -authors . 
(5) In case where the real contribution under paragraph 4 of this Article can not be 
determine d, or where no agreement has been reached between the co -authors, each 
co-author shall be entitled to an equal part of the remuneration.  
 
 
PART 3.  
CONTENTS OF COPYRIGHT  
General Provision  
Article 20  
(1) The copyright is an indivisible right and it is insepa rable from the copyright work.   7 (2) The copyright is consisting of  exclusive moral right s, exclusive economic rights and 
other rights, provided by this Law.  
 
SECTION 1. Moral rights  
Content s of moral rights  
Article  21 
(1) Moral rights shall protect the auth or with regard  to his personal and spiritual  
(intellectual ) ties to the work.  
(2) The author shall have the following exclusive moral right s: 
1. Right to claim authorship ; 
2. Right of first disclosure;   
3. Right of protection  of the integrity of the work ; and 
4. Right of withdrawal.   
(3) The author may not waive the rights under paragraph 2 of this Article.  
 
Right to claim authorship  
Article 22 
(1) The author shall have  the right to claim  authorship of the work.  
(2) The author shall have  the right to have h is name, pseudonym, or other designation 
denoted  on each copy of the work, or stated at  each public use of the work, unless the 
author explicitly declares in a written form that he  does not want to have his authorship 
denoted , or unless at the time of the use it is technically impossible or impractical.  
 
Right of first disclosure  
Article 23 
(1) The author shall have the right of first disclosure of his copyright work and the right 
to determine the conditions of disclosure . 
(2) Until the time of the first di sclosure of the copyright work, only the author shall have  
the right to publicly reveal  the content or the description of his work.  
 
Right of protection  of the integrity of the work  
Article 2 4 
The author shall have  the right to object to  any modification , distortion, or mutilation of 
the work, which would be prejudicial to his personality, honor and reputation, as well as 
to object to the destruction  of the work .  8  
Right of withdrawal  
Article 25 
(1) The author shall have  the right to withdraw the right  of us e from the holder  of an 
economic right , in case where any further use would be prejudicial to  his personality, 
honor , and reputation . 
(2) If the author withdraws the right of use under paragraph 1 of this Article, he shall be  
obliged to compensate the holder for the damage caused by such withdrawal.  
(3) The right holder under paragraph 1 of this Article shall be obliged , within three 
months from the receipt of the withdrawal, to inform  the author of the amount of damage 
that needs to be compensated . If he fails to do so , the withdrawal shall become valid 
upon  expiration of that time period.  
(4) Upon the withdrawal of the right  under paragraph 1 of this Article , the economic right 
shall return to the author.  
(5) If the author wishes to transfer again the econ omic right in his work, he shall be 
obliged to offer such transfer primarily and under the same conditions to the right holder  
under paragraph 1 of this Article . 
(6) The provisions of this Article shall not apply to computer programs, audiovisual 
works, an d electronic databases.  
 
SECTION 2. Economic rights  
 
Content s of economic rights  
Article  26 
(1) The economic  rights shall protect the property interests of the author  in his copyright 
work . 
(2) The author shall have the exclusive right to authorize or proh ibit the use of his work  
or copies  thereof by any other person, except in the cases  provided by  this Law.  
 
Types of economic rights  
Article 27  
The following exclusive economic rights of the author arise from the use of the copyright 
work or its copies:  
1. Right of reproduction  of the work;  
2. Right of distribution  of the work;  
3. Right of communication to the public of the work ; and 
4. Right of adaptation  of the work .  9 Reproduction  
Article 2 8 
(1) Reproduction , within the meaning of this Law, shall mean fixation i.e. recording of 
the work in a material or other appropriate medium (electronic and other), as well as 
making one or more copies of a copyright work, in whole or in part, directly or indirectly, 
temporary ily or permanently, by any means and in any for m. 
(2) The reproduction  under paragraph 1 of this Article shall be  carried out , in particular , 
by graphic processes ( graphic  reproduction ), by three -dimensional reproduction , by 
photocopying and other photographic processes achieving the same effect, by building  
or carrying out works of architecture, by sound or visual fixation , by storage of the work 
in electronic form (electronic fixation ), and by transfer of the work from an analogue onto 
a digital system.  
 
 
Distribution  
Article 2 9 
(1) Distribution , with in the meaning of this Law, shall mean making available to the 
public an original or a copy of the work, for the purpose of sale or other form of transfer 
of ownership right  or right of possession , including importation  and rental , and covering 
the right o f remuneration for lending as provided by  this Law . 
(2) Importation, within the meaning of this Law, shall mean  placing on the domestic 
market originals or copies of a copyright work intended for further circulation for 
commercial purposes.  
(3) Rental , within the meaning of this Law, shall mean making available for use an 
original or a copy of a copyright work for a limited period of time, for direct or indirect 
economic advantage . The rental shall not apply to  constructed works of architecture  ) 
and origin als and copies of works of applied art and design.  
 
(4) Lending, within the meaning of this Law , shall mean making available for use of a 
copyright work, for a limited period of time, by organizations which are accessible to the 
public, without obtaining d irect or indirect economic advantage.  
(5) The right of distribution  in the territory of the Republic of Macedonia shall be  
exhausted with the first sale or other form of first transfer of ownership right of an 
original or copy of a copyright work, carried out by  the right holder or with his consent. 
The exhaustion shall  not apply to the rights of importation , rental  and lending . 
 
Communication to the public  
Article 30  
Communication to the public, within the meaning of this Law, shall be:  
1. Public performan ce;  10 2. Public transmission;  
3. Public exhibition;  
4. Public presentation;  
5. Broadcasting;  
6. Rebroadcast; and  
7. Making available to the public.  
 
 
 
Public performance  
Article 31  
Public performance, within the meaning of this Law, shall be:  
1. Live speakin g or reciting of works in the field of literature;  
2. Live performance of musical works and  
3. Stage performance or live presentation of dramatic, dramatico -musical, 
choreographic, or pantomime works.  
 
 
Public transmission  
Article 32  
Public transmission , within the meaning of this Law, shall mean communication to the 
public by loud speaker, screen or by any other technical means, of the following:  
1. Live performance of a copyright work,  outside of the space or place where the work is 
performed live;  
2. Aud io and/or visually fixed works (phonograms, video grams etc.), from the medium 
in which they are fixed; and  
3. Broadcast copyright work.   
 
Public exhibition  
Article 33  
Public exhibition, within the meaning of this Law, shall mean presentation to the public  
of an original or a copy of a work of fine art, a work of photography or a work created in 
a process analogous to photography, a work of applied art, design, architecture, 
physical planning, cartography, as well as other works of scientific and technical nature.  
 
Public presentation  
Article 34   11 Public presentation, within the meaning of this Law, shall mean presentation to the 
public, by technical means, of an audiovisual work or of a work of photography, fine art, 
architecture, physical planning, applied a rt, design, cartography, and works of  scientific 
and technical nature.  
 
Broadcasting  
Article 35  
(1) Broadcasting, within the meaning of this Law, shall mean communication of a 
copyright work by radio and television program signals intended for reception b y the 
public, either wireless, including satellite, or by wire, including cable, microwave, or 
other system.  
(2) Satellite, within the meaning of this Law, shall be any satellite operating on frequency 
bands which, according to the telecommunications regu lations, are reserved for the 
broadcast of signals intended for the reception by the public or which are reserved for 
closed, point -to-point communication, in which case the conditions for the signal reception 
must be comparable to the conditions for the r eception by the public.  
(3) Broadcasting by satellite is carried out when, under the control and responsibility of 
the broadcasting organization, program -carrying signals intended for the public are 
introduced into an uninterrupted communication chain lead ing to the satellite and down 
towards the earth.  
(4) If the program -carrying signals are encrypted, the broadcasting by satellite shall be 
considered as carried out if the decrypting means are provided to the public by the 
broadcasting organization or by s ome other person, with the consent of the 
organization.  
 
Rebroadcast  
Article 36  
Rebroadcast, within the meaning of this Law, shall mean simultaneous, unabridged and 
unaltered transmission of a broadcast of a copyright work, provided that:  
1. It is carried  out by a broadcasting organization other than the one which initially 
broadcasted the work (hereinafter: rebroadcasting);  
2. It is carried out by a cable, or microwave, system, where the initial broadcast is 
carried out by a broadcasting organization wire less or by wire (hereinafter: cable 
retransmission).  
 
Making available to the public  
Article 37  
 
Making available to the public, within the meaning of this Law, shall mean 
communication to the public of a copyright work, by wire or wireless means, includin g  12 internet or other communication networks, in a way which allows members of the public 
to access the work, from a place and at a time individually chosen by them.  
 
Adaptation  
Article 38  
(1) Adaptation, within the meaning of this Law, shall mean translatio n, modification, 
including audiovisual adaptation, musical arrangement or other alteration of a copyright 
work or of an expression of folklore, as well as of other written materials, such as 
translations of official texts which are not made for official us e. 
(2) The rights in the copyright work created with the adaptation shall in no way affect the 
rights in the adapted work.  
 
SECTION 3. O ther rights of the author  
 
Contents of other rights of the author  
Article 39  
The author shall have the following other r ights:  
1. Right of access and delivery  
2. Right of resale (right of royalty from resale)  
3. Right of fair compensation for reproduction for private use  
4. Right of remuneration for lending and  
5. Right of remuneration for rental.  
 
 
 
Subsection 1. Right of access and delivery  
Right of access and delivery  
Article  40 
(1) The author shall have the right to access the original or the copy of his work in 
possession by another person, for the purpose of exercising the right of reproduction or 
adaptation of the wor k, insofar as it does not conflict with the legitimate interest of the 
possessor.   13 (2) The author shall have the right to demand from the possessor to deliver to him the 
original of the work of fine art or of the photographic work for the purpose of public 
exhibition or other form of disclosure, if there is justified interest thereof.  
(3) The delivery of the original from paragraph 2 of this Article may be subjected to 
lodging of an appropriate security or to insurance in the amount of the market value of 
the original.  
(4) The author shall be obliged to carry out the access and delivery under paragraphs 1 
and 2 of this Article with the least possible inconveniences to the possessor, and at his 
own expense. In case of damage to the work, the author shall be li able regardless of his 
fault.  
 
Subsection 2. Right of resale (right of royalty from resale)  
Right of resale of an original work of art  
Article 41  
(1) The author shall have the right to be notified and to obtain royalty from every 
subsequent sale or other d isposal of an original of a work of art, as provided by this Law 
(hereinafter: right of resale).  
(2) The resale right under paragraph 1 of this Article cannot be subject to waive, 
disposal or judicial execution.  
 
Original work of art  
Article 42  
(1) An orig inal work of art, within the meaning of Article 41 of this Law, shall mean a 
work of fine art, graphic art or plastic art, such as: paintings, collages, drawings, prints, 
engravings, lithographs, sculptures, ceramics, carvings, ta pestries, glassware, 
photographs or works created in a process analogous to photography, as well as copies 
of the mentioned works that are considered as originals.  
(2) Copies of the mentioned works created by the author himself or made with his 
authorization in limited numbers, shall be considered as originals. They shall be, in a 
usual manner, numbered, signed or otherwise duly indicated by the author.  
 
Amount belonging to the author  
Article 43  
(1) The author’s royalty from the resale right shall be determined according to the 
following rates:   
1. 5% for the portion of the sale price from 300 up to 3.000 EUR;  
2. 4% for the portion of the sale price from 3.000,01 up to 50.000 EUR;  
3. 3% for the portion of the sale price from 50.000,01 up to 200.000 EUR;   14 4. 1% for the portion of t he sale price from 200.000,01 up to 350.000 EUR;  
5. 0,5% for the portion of the sale price from 350.000,01 to 500.000 EUR;  
6. 0,25% for the portion of the sale price exceeding 500.000 EUR.  
(2) The highest amount of the royalty may not exceed 12.500 EUR.  
(3) The author’s royalty under paragraph 1 of this Article shall be jointly payable by the 
seller or art works, the  art dealer, the  organizer of the auction, or other intermediary who 
carries out the sale of art works).  
(4) The royalties under this Article shall be calculated in MKD counter value according 
to the standard exchange rate of the National Bank of the Republic of Macedonia on the 
day of the sale. The basis for calculating the royalties shall be the sale price, excluding 
the value -added tax (VAT).  
 
Right of resale of a manuscript  
Article 44  
 
(1) If the original (the manuscript) of a literary or musical work has been sold or 
otherwise disposed of, its author shall have the right to be notified of every subsequent 
resale and to obtain for each one a royalty in the net amount of 3% of each sale price.  
(2) The provisions from Article 43 paragraphs 2, 3 and 4 of this Law shall accordingly 
apply to the works under paragraph 1 of this Article.  
 
Right of information  
Article 45  
The author, his successors or the societies for collective management of copyright shall 
have the right, within three years from the day of the sale of the copyright work, to 
request from the entities under Article 43 paragraph 3 and Article 44 of this Law any 
information that may be n ecessary to secure payment of the royalty from the resale, in 
particular concerning the titles of the sold works, the owner and the intermediary, the 
sale contracts and the sale price.  
 
 
Subsection 3. Right of  fair compensation for reproduction for privat e use  
Right of  fair compensation  
Article 46  
  15 (1) The reproduction for private purpose shall be subject to payment of fair 
compensation.  
(2) The fair compensation under paragraph 1 of this Article for reproduction of 
phonograms and video grams shall be paid  at the time of the first sale or import of 
equipment for sound and visual fixation and new blank sound or sound and image 
carriers.  
(3) The fair compensation under paragraph 1 of this Article for photocopying shall be 
paid at the time of the first sale or  import of photocopying equipment, and upon making 
photocopies intended for sale, on a monthly basis, according to the possible number of 
photocopies.  
(4) The equipment for sound and visual fixation shall be made equal to all other devices 
which enable to achieve the same effect, and the photocopying shall be equalized with 
other reproduction techniques.  
(5) The author shall have the right to a part of the fair compensation under paragraph 1 
of this Article for the reproduction of phonograms and video grams  and for the 
photocopying of his work, which is carried out for private use.  
(6) The right of fair compensation under paragraph 1 of this Article may not be subject 
to waive, disposal or judicial execution.  
 
Entities obliged to make payment  
Article 47  
(1) The duty to pay the fair compensation under Article 46 of this Law shall rest with 
producers and importers of equipment for sound and visual fixation, photocopying 
equipment, blank sound or sound and image carriers, as well as persons carrying out 
photocop ying services.  
(2) The entities under paragraph 1 of this Article shall be obliged, upon request by the 
relevant society for collective management of copyright and related rights, to submit data 
concerning the type and number of sold or imported equipment and sound or sound and 
image carriers , as well as data concerning photocopies made.  
 
Amount of the fair compensation  
Article 48  
(1) The amount of the fair compensation under Article 46 of this Law shall be 
determined by the Government of the Republic of Ma cedonia.  
(2) The fair compensation under paragraph 1 of this Article shall be determined 
separately for each type of equipment for audio and visual fixation, for each fixation 
equipment which, due to its construction, does not require any special material to 
function (in an amount twice as much as the usual), for each sound or sound and image  16 carrier based on the recording time, for each photocopying equipment based on the 
possible number of copies per minute and based on the possibility to copy in color (i n 
an amount twice as much as the amount for black and white photocopying), as well as 
for each photocopy intended for sale.  
(3) The Government of the Republic of Macedonia shall harmonize the amounts of the 
compensations under paragraph 1 of this Article a ccording to the fluctuation of the 
prices and the costs of living in the Republic of Macedonia.  
 
Subsection 4. Right of remuneration for rental  
Right of remuneration  
Article 49  
(1) The author who has transferred his right of rental to the phonogram produce r or to 
the video gram producer (hereinafter: film producer),  in accordance with Article 72 and 
Article 91 paragraph 2 of this Law, shall retain the right of remuneration for every  rental 
of his work.  
(2) The author may not waive the right of remuneration  under paragraph 1 of this Article.  
 
Subsection 5. Right of remuneration for lending  
Right of remuneration  
Article 50  
(1) The author shall have the right to remuneration for the lending of an original or copy 
of his copyright work.  
(2) The lending right un der paragraph 1 of this Article shall not apply to architectural 
structures, works of applied art and design, or works that are mutually lent by the 
organizations under paragraph 4 of this Article.  
(3) The remuneration under paragraph 1 of this Article sha ll be payable by the 
organization, which is carrying out the lending.  
(4) Public institutions in the field of science, culture and education (libraries, film 
archives, scientific and educational institutions) shall be exempted from the duty of 
payment of t he remuneration under paragraph 1 of this Article.  
(5) The author may not waive the right of remuneration under paragraph 1 of this Article.  
 
   17  PART 4.  
 EXCEPTIONS AND LIMIT ATIONS  
 General provisions  
 Article  51 
(1) A copyright work can be used without author ization by the author, with or without 
remuneration , only if the work has been disclosed . 
(2) The use under paragraph 1 of this Article can be carried out only in certain special 
cases, provided that the use does not conflict with the normal exploitation o f the work, 
and does not unreasonably prejudice the legitimate interests of the author.  
(3) The provisions under this Part shall not apply to computer programs.  
Use without payment of remuneration  
Article  52 
(1) The use of a copyright work without payment of remuneration shall apply to the 
following cases:  
1. Temporary reproduction of a copyright work, provided the reproduction is of transient 
or incidental character, and/or it constitutes an integral and essential part of a 
technological process, provided the reproduction does not, in itself, have an 
independent economic significance and the sole purpose of which is to enable the 
transmission of data in a network between third parties by an intermediary or to enable 
lawful use of the work;  
2. Reproduction m ade by public libraries, educational establishments or museums, or 
by archives, for the purpose of carrying out their activity and without direct or indirect 
economic or commercial purpose;  
3. Fixation of a copyright work by a broadcasting organization tha t has an authorization 
to broadcast the work, if it fixes the work by means of its own facilities and for its own 
needs, and provided it destroys the fixation within the period for which the broadcasting 
authorization is valid. If the fixation has exceptio nal documentary value, it can be 
delivered and preserved in a public archive;  
4. Use of works for illustration for teaching or scientific research to the extent justified by 
the non -commercial purpose to be achieved, provided that the name of the author an d 
the source is indicated, unless this turns out to be impossible;  
5. Use of copyright works for the benefit of persons with special needs in a way which is 
directly related to the special need, to the extent required by the need and for a non -
commercial p urpose;  
6. Reproduction and public communication of texts, articles and other similar works 
concerning current economic, political, religious and other similar topics, with the aim to 
inform the public, to the extent justified by that purpose, unless it is  expressly prohibited   18 by the author and provided that the name of the author and the source is indicated, 
unless this turns out to be impossible;  
7. Use of parts of copyright works (quotations), for scientific research, education, 
criticism, polemics, or review, in a scope and to the extent required by the specific 
purpose and provided that the name of the author and the source is indicated, unless 
this turns out to be impossible;  
8. Use of works for the purposes of public security, or in a judicial, parli amentary or 
administrative procedure;  
9. Use of political speeches, as well as extracts of public lectures and similar works to 
the extent justified by the informatory purpose, provided that the name of the author and 
the source is indicated, unless this t urns out to be impossible;  
10. Use of works during religious rituals or other official celebrations organized by the 
state authorities or the local self -government;  
11. Use of architectural or sculptural works permanently located in public places 
(streets,  squares, parks, etc.);  
12. Use of works in the field of fine and applied art, architecture, industrial design and 
photographic works exhibited at public exhibitions or at auctions, by the organizer, for 
posters or catalogues made with no commercial purpo ses, to the extent necessary for 
promotion of those events;  
 
13. Adaptation of a work into a parody, caricature, or pastiche, provided that the 
adaptation does not create confusion with regard to the original of the work and the 
authorship, and provided th e adaptation is in the frames of authorized use of the work;  
14. Reproduction of a copyright work onto a sound and image carrier, public 
communication of the work from that carrier, as well as public communication of the 
work that is broadcast, in shops, a t fairs and other places where the operation of 
equipment for recording, reproduction and communication of sound and image is 
demonstrated, to the extent necessary to demonstrate the functioning of the equipment. 
The fixations/recordings made on this basis  shall be erased immediately;  
15. Incidental (secondary) inclusion of a copyright work into some other material.  
16. Use of drawings or plans of an architectural object, for the purpose of its 
reconstruction; and  
17. Communication to the public and making available to the public of a copyright work 
for the purpose of research or private study in certain locations within the public 
scientific, cultural, educational and other establishments of similar nature, in case where  
a work  is not subject to purchase, o r its use is not subject to having an authorization, 
and where the work is contained in the collections/fund of these establishments.  
  19 (2) The use of a database or of a copy thereof by the lawful user shall be without 
remuneration, if it is necessary for t he purposes of access and normal use of its 
component parts.  
 
 
Use of expressions of folklore  
Article  53 
(1) The use of an expression of folklore shall be without remuneration.  
(2) Expressions of folklore shall be used in a decent manner, without distortio n and 
provided that the source and the origin of the work are indicated.  
(3) The public and scientific institution - Folklore Institute "Marko Cepenkov" in Skopje 
shall be responsible for the management of the rights from paragraph 2 of this Article.  
 
 
Use against payment of fair compensation  
Article  54 
The use of a copyright work against payment of fair compensation shall apply to the 
following cases:  
1. Reproduction on paper or any similar medium, by way of photocopying or any other 
analogous technique  or other process having similar effects, with the exception of 
graphic editions of a musical work  (sheet music ); 
2. Reproduction on any medium, made by a natural person for private use, without 
direct or indirect commercial purpose;  
 
PART 5.  
DURATION OF C OPYRIGHT  
Duration of copyright  
Article  55 
(1) The economic rights shall run for the life of the author and for 70 years after his 
death, unless otherwise provided by this Law.  
(2) The moral rights shall run for various terms provided by this Law.   20   
 Calculat ion of terms in cases of co -authorship  
 Article  56 
(1) Where the work has been created by a number of authors (co -authors), the term of 
duration under Article 55 paragraph 1 of this Law shall be calculated from the death of 
the last surviving author.  
(2) In  the case of co -authorship of an audiovisual work, the term of duration of the 
protection shall be calculated from the death of the last surviving person from among 
the following: the principal director, the author of the screenplay, the author of the 
dialogues and the composer of the music created specially for use in the audiovisual 
work, regardless of whether that person is recognized as author of the audiovisual work 
according to this Law.  
 
Term of protection of anonymous and pseudonymous works  
Article  57 
(1) Copyright of anonymous and pseudonymous works shall run for 70 years after the 
lawful disclosure of the work.  
(2) If the pseudonym leaves no doubt as to the identity of the author, or if the author 
reveals his identity during the period referred to in paragraph 1 of this Article, the term 
laid down in Article 55 paragraph 1 of this Law shall apply.  
 
Special terms for non -disclosed works  
Article  58 
Where the term, according to this Law, does not run from the death of the author or 
authors, and the wor k has not been lawfully disclosed, the copyright shall run for 70 
years after its creation.  
Terms of duration of a copyright work disclosed in parts  
Article  59 
In case where the term of duration of the copyright, according to this Law, is calculated 
accord ing to the lawful disclosure of the work, and the work is disclosed in volumes, 
parts, installments, issues, episodes and alike, the term shall be calculated separately 
for each component part.   21 Calculation of terms  
Article  60 
The terms of duration of the c opyright protection laid down in this Law shall begin to run 
on the 1st of January of the year following the event which is the basis for calculation of 
the terms.  
 
Duration of moral rights  
Article  61 
(1) The moral right of withdrawal under Article 25 of t his Law shall run for the life of the 
author.  
(2) The moral rights of recognition and indication of the authorship, and of protection of 
the integrity of the copyright work under Articles 22 and 24 of this Law shall continue to 
run after the expiration of the terms of duration of the economic rights, as provided by 
this Law.  
(3) In addition to the author’s successors, the relevant (professional) association of 
authors, the persons having legitimate interest, and the Macedonian Academy of 
Sciences and Arts s hall be responsible for the management and protection of the moral 
rights of the author laid down in Articles 22 and 24 of this Law after his death.  
 
Effects from expiration of the terms  
Article  62 
The copyright work, after the expiration of the terms of duration of the economic rights, 
as provided by this Law, shall be used without authorization and without remuneration.  
 
 
PART 6.  
TRANSFER OF ECONOMIC RIGHTS  
General provision  
Article 63  
(1) The author may transfer to other persons separate economic right s, in a manner and 
under conditions provided by this Law.  
(2) The transfer under paragraph 1 of this Article may be carried out by succession, by 
written contract (exclusive or non -exclusive) or in other written way (non -exclusive) by 
an authorization, statement , approval, etc.  
 Transfer by succession  
 Article  64 
(1) Economic rights shall be subject to succession.   22 (2) The author’s successors shall acquire all the rights that would have belonged to the 
author.  
(3) Succession of copyright shall be governed by t he succession regulations, unless 
otherwise provided by this Law.  
 
 
Transfer by contract  
Article  65 
(1) The author may carry out the transfer of economic rights to other persons by way of 
a written contract, unless otherwise provided by this Law.  
(2) The contract under paragraph 1 of this Article that is not concluded in a written form 
shall not produce legal effect.  
(3) The contract under paragraph 1 of this Article shall contain, in particular, the type of 
the rights being transferred, their scope, exclu sive or non -exclusive, the territory 
concerned by the transfer of rights, the duration of the transfer, and the author's 
remuneration.  
(4) Disputed or ambiguous provisions of the contract from paragraph 1 of this Article 
shall be interpreted in the author' s interest.  
 
Determining the remuneration  
Article  66 
(1) The author's remuneration shall be determined according to the principle of fairness, 
the type of the work, the type and the scope of the right that is being transferred, the 
duration, and other rele vant circumstances of its use.  
(2) If the use of a copyright work generates revenue which is significantly larger than the 
agreed remuneration, the author shall have the right to demand a revision of the agreed 
remuneration, which will allow him a more equ itable share of the revenue. The author 
may not waive this right.  
(3) In a case when the author’s remuneration is agreed or determined according to the 
revenue derived from the use of the work, the user of the work shall be obliged to keep 
appropriate book s or other records that allow determining  the amount of the generated 
revenue.  
(4) The user from paragraph 3 of this Article shall be obliged to enable the copyright 
holder to inspect the documentation/records from paragraph 3 of this Article, and shall 
deliver to him the necessary reports on the generated revenue within a reasonable time 
period, unless the time period has been provided by law or by contract.  
 
 
Nullity  
Article  67 
The transfer of the following shall be null and void:   23 1. The copyright, as a w hole;  
2. The moral rights;  
3, Unknown types of use of the copyright work.  
 
 
 Application of the regulations on obligations  
 Article  68 
The regulations governing obligations shall accordingly apply to the contract for transfer 
of economic rights, unless other wise provided by this Law.  
 
 
 
Active legitimation  
Article  69 
The rights that belong to the author under this Law, including the right of judicial 
protection, shall also belong to any other copyright holder, in a scope transferred to him 
by law or by other legal act, unless otherwise provided by this Law.  
 
Scope of transfer (exclusive and non -exclusive)  
Article  70 
(1) The transfer of an economic right within the meaning of Article 63, paragraph 2 of 
this Law shall be exclusive or non -exclusive.  
(2) Exclusive  transfer of an economic right, within the meaning of this Law, shall 
authorize a single person to use the work, while the author or any other person is 
excluded from the use.  
(3) Non -exclusive transfer of an economic right, within the meaning of this Law,  shall 
authorize a person to use the work, while the author or any other person is not excluded 
from the use.  
The rule of separate transfer  
Article  71 
The transfer of a particular economic right shall not affect the transfer of other economic 
rights, unles s otherwise provided by this Law or by contract.  
 
  24 Presumption of joint transfer  
Article  72 
When transferring the right of reproduction, it shall be considered that the right of 
distribution of the copies of the concerned work has also been transferred, un less 
otherwise provided by contract.  
 
Subsequent transfer  
Article  73 
(1) A holder to whom an economic right of the author has been transferred may not, 
without the author's authorization, subsequently transfer that right to a third party, 
unless otherwise provided by contract.  
(2) If the subsequent transfer of the right is the consequence of a legal transformation of 
the holder, the authorization under paragraph 1 of this Article shall not be required.  
(3) If the subsequent transfer of the right is allowed without the author's authorization, in 
accordance with law or with contract, the previous and the new holder shall be jointly 
and severally liable for the author's claims.  
 
Cancellation of the transfer  
Article  74 
(1) The author may cancel the contract or w ithdraw the authorization or another written 
act for transfer of an economic right, if the holder of the exclusive right exploits it to an 
insufficient extent or does not exercise it at all, thereby significantly harming the author's 
interests.  
(2) The aut hor may not exercise the cancellation or the withdrawal under paragraph 1 of 
this Article where the reasons for the cancellation are attributable to him.  
(3) The author may offer to the holder under paragraph 1 of this Article an additional 
time period for  appropriate use of the right.  
(4) Upon exercising the cancellation or the withdrawal under paragraph 1 of this Article, 
the economic right shall return to the author.  
(5) The author shall be obliged to pay adequate compensation for damages to the right 
holder, if so required by the principle of fairness.  
(6) The author may not waive the right of cancellation or withdrawal provided by this 
Law.   25  SECTION 1. Particular types of copyright contracts  
 Subsection 1. Publishing contract  
Publishing contract  
Article  75 
(1) By a publishing contract the author shall transfer to the publisher the right of 
reproduction of his work and distribution by printing it in a hardcopy form in a sufficient 
number of copies intended for the public (hereinafter: right of publication) , while the 
publisher shall pay remuneration to the author, publish the work and distribute the 
published copies.  
(2) The publication right from paragraph 1 of this Article shall not include the right of 
publication of the work in an electronic form. A sep arate contract shall be concluded for 
publication of the work in an electronic form.  
(3) The publisher who has the right of publication of the work in a hardcopy form shall 
have a right of priority, among equal bidders, for the publication of the work in e lectronic 
form. The right of priority shall run for three years from the publication of the work in a 
hardcopy form. The publisher shall give written reply within 30 days from the receipt of 
the author's offer.  
(4) The right to a pocket edition, periodical  edition or publication in sequels, translation 
and alike may be also transferred by the publishing contract.  
Contents of the publishing contract  
Article  76 
(1) The publishing contract, in addition to the general elements concerning the contents 
of copyrig ht contracts laid down in Article 65 of this Law, shall include deadline for 
submitting the manuscript for the purpose of publication, number of separate editions 
and number of copies (circulation) for each separate edition.  
(2) The remuneration in the pub lishing contract can be determined as a lump sum, or as 
a percentage of the retail price of a copy of the edition. In case when the remuneration 
is agreed as a percentage of the retail price of the sold copies of the work, the publisher 
shall be obliged to  enable the author inspection in the documentation concerning the 
sold copies.  
 
Presumption of exclusivity  
Article  77 
During the validity period of the publishing contract, it shall be considered that the 
author has transferred exclusively to the publisher  the right of publication of the work in 
the same language, except for newspaper articles, unless otherwise provided by the 
contract.   26 Improvement of the work  
Article  78 
The publisher shall be obliged, for the subsequent editions, to enable the author 
impro vement or alteration of the work, provided this does not cause significant cost for 
the publisher and does not substantially alter the work, unless otherwise provided by the 
publishing contract.  
 
Destruction of the work due to force major  
Article  79 
(1) In  case when the manuscript of the work, after delivery to the publisher, is destroyed 
due to force major, the author shall have the right of remuneration that would have been 
given to him if the work had been published.  
(2) In case when an entire prepared edition is destroyed due to force major before it has 
been distributed, the publisher shall have the right to prepare a new edition, and the 
author shall have the right of remuneration for one edition only.  
(3) In case when part of a prepared edition is de stroyed by a force major before it has 
been distributed, the publisher shall have the right to print only as many copies as were 
destroyed without payment of additional remuneration to the author.  
 
 
Termination and cancellation of the contract  
Article  80 
(1) The publishing contract shall terminate in the following cases:  
1. If the author dies before completion of the copyright work;  
2. If the circulation of all agreed editions is sold out;  
3. If the term of validity of the contract has expired; and  
4. In ot her cases provided by law or by contract.  
(2) The author may cancel the publishing contract if the publisher, after the circulation of 
the previous edition has been sold out, does not publish new agreed editions within the 
time period stipulated in the pub lishing contract. In case of cancellation, the author shall 
have the right to keep the received remuneration or to demand payment of the agreed 
remuneration as well as the right to request compensation for damages.  
(3) The circulation shall be considered s old out, within the meaning of this Law, if the 
number of unsold copies is less than 5% of all agreed and carried out editions, and in 
any case if the number is less than 100 copies.   27 Destruction of the copies  
Article  81 
In case when the publisher intends t o destroy the unsold copies of the work, he shall be 
first obliged to offer the copies to the author.  
  
 Subsection 2. Public performance contract  
Public performance contract  
Article  82 
By the public performance contract the author shall transfer to the use r the right of 
public performance of his work.  
 
 
Contents of the public performance contract  
Article  83 
The public performance contract, in addition to the general elements concerning the 
contents of copyright contracts stipulated in Article 65 paragraph 3  of this Law, may also 
include the right of the author of inspection of the public performance of the work, and 
the duty for the user to allow that to the author and to provide adequate technical 
conditions for the performance.  
 
Cancellation of the contrac t 
Article  84 
In case when the work has not been performed within the agreed time period or under 
the agreed conditions, the author shall have the right to cancel the contract, to keep the 
already received remuneration, to demand payment of the agreed remun eration, and to 
request compensation for damages.  
 Subsection 3. Contract for commission of a copyright work  
Contract for commission  
Article  85 
(1) By the contract for commission of a copyright work, the author shall create the 
commissioned copyright work and deliver it to the commissioning person.  
(2) The person commissioning the work shall have the right to supervise the work and 
give instructions, unless by doing so he encroaches upon the author's freedom of 
creation.  
(3) The author shall retain the copy right in the commissioned work, unless otherwise 
provided by law or by contract.   28  Subsection 4. Copyright work in the course of employment  
Copyright work in the course of employment  
Article  86 
(1) In case when a copyright work is created by an employee in t he course of execution 
of his duties or following the instructions by the employer (hereinafter: copyright work in 
the course of employment), it shall be considered that the economic rights of the author 
of that work have been exclusively transferred to th e employer for a period of five years 
from the completion of the work, unless otherwise provided by a collective agreement or 
employment contract.  
(2) After expiry of the term in paragraph 1 of this Article the economic rights shall belong 
to the employee , while the employer may demand another exclusive transfer provided 
that he pays the employee remuneration for each separate type of economic rights.  
(3) Notwithstanding paragraphs 1 and 2 of this Article, the author shall have the right to 
remuneration f or each rental.  
(4) The author may not waive the right stipulated in paragraph 3 of this Article.  
 
 
Exceptions from the transfer in the course of employment  
Article  87 
As an exception to Article 86 of this Law:  
1. The employee shall retain the exclusive ri ght to use the copyright work created in the 
course of employment as part of his collected works; and  
2. It shall be considered that the economic rights in computer programs and in 
databases are transferred to the employer without any limitations, unless o therwise 
provided by contract.  
 SECTION 2. Special provisions for copyright works  
 Subsection 1. Audiovisual work  
Audiovisual work  
Article  88 
Audiovisual work, within the meaning of this Law, shall be a cinematographic or other 
work expressed in a form of se quence of moving images, whether or not accompanied 
by sound, regardless of the type of the carrier which contains it.  
 
Authors of audiovisual work  
Article  89 
Authors of an audiovisual work, within the meaning of this Law, shall be: the author of 
the scree nplay, the principal director and the principal cameraman. In case when  29 animation of any kind is an essential element of the work, the principal animator shall 
also be considered as author. Where music is an essential element of the work, the 
author of the  music specially created for use in the audiovisual work shall also be 
considered as author.  
Authors of contributions to the audiovisual work  
Article  90 
The animator and the music author, when not considered as authors of the audiovisual 
work according to Article 89 of this Law, as well as the set designer, the costume 
designer, the editor, and the make -up artist shall have copyright only in their own 
contributions to the audiovisual work (hereinafter: authors of contributions).  
 
 
Contract for film producti on 
Article  91 
(1) The film production contract shall regulate the relations between the film producer on 
one hand, and the authors of the audiovisual work and the authors of contributions on 
the other hand, as well as the relations between the authors them selves, according to 
this Law.  
(2) By concluding the film production contract, it shall be considered that the authors 
and the authors of contributions have transferred to the film producer, exclusively and 
without limitation, all their economic rights in the audiovisual work, including the right of 
translation by subtitling or dubbing, unless otherwise provided by contract.  
(3) By concluding the film production contract, the authors shall keep the right to 
equitable remuneration from the film producer for every use stipulated in paragraph 2 of 
this Article, and the authors of contributions shall keep the right to use their 
contributions to the audiovisual work separately, unless by doing so they infringe the 
rights of the film producer.  
(4) The authors and the authors of contributions may not waive the rights laid down in 
paragraph 3 of this Article.  
(5) The film producer shall be obliged, at least once a year, to deliver to the authors of 
the audiovisual work a report on the generated revenue, separately fo r every type of 
use of the work.  
Completion of the audiovisual work  
Article  92 
(1) The audiovisual work shall be considered completed (created) when the principal 
director determines that the first standard copy of the work, which is the subject -matter 
of the contract, is completed.  
(2) Alterations to the copy of the audiovisual work under paragraph 1 of this Article shall 
be possible only after prior approval by the principal director and the film producer.   30 (3) In case when one of the authors or authors of  contributions does not complete his 
part of the audiovisual work or is unable to do so due to a force major, he may not 
object to the use of the created part for the completion of the work. The author shall 
enjoy appropriate copyright in that part.  
 
Cance llation of the contract  
Article  93 
(1) In case when the film producer fails to complete the audiovisual work within five 
years from the conclusion of the film production contract, or where he fails to distribute 
the completed audiovisual work within one ye ar after its completion, the authors may 
cancel the contract, unless another time period has been agreed.  
(2) In the case of cancellation under paragraph 1 of this Article, the authors and authors 
of contributions shall retain the right of payment of remun eration.  
Application of other legal provisions  
Article  94 
The film production contract shall not be subject to application of the provisions of this 
Law on the right of withdrawal under Article 21, paragraph 1, item 4, and Article 25, and 
on transfer of ri ghts under Articles 71 and 73 of this Law.  
 Subsection 2. Computer program  
Computer program  
Article  95 
A computer program, within the meaning of this Law, shall be a program in any 
electronic form of expression, including the preparatory design material, p rovided that it 
is an individual and intellectual creation.  
 
Rights of the author  
Article  96 
Unless otherwise provided by this Law, the author of the computer program shall have 
the exclusive economic right to use the program and to authorize or prohibit t he use of 
the program for:  
1. Reproduction, as well as loading, displaying, running, transmission or storage 
of the computer program, insofar as these acts necessitate such reproduction;  
2. Translation, arrangement or any other adaptation, as well as repr oduction of 
the results thereof, without prejudice to the rights of the person who made that 
adaptation; and  
3. Distribution as well as lending of the original or the copies of the computer 
program in any form.   31  
Special provisions on the limitation on the rights  
Article  97 
(1) Unless otherwise provided by contract, the lawful user of the computer program may 
carry out the acts referred to in Article 96, paragraph 1, items 1 and 2 of this Law 
without authorization by the right holder, including for error cor rection, when they are 
necessary for the use of the computer program in accordance with its intended purpose.  
(2) The lawful user of the computer program may, without authorization by the right 
holder, make a back -up copy, insofar as it is necessary for it s use.  
(3) The lawful user of a computer program may, without authorization from the author, 
observe, study, or test the functioning of the program in order to determine the ideas 
and principles which underlie any element of the program, if it is necessary  while 
loading, displaying, running, transmitting or storing the program.  
(4) The provisions of the contract which are contrary to paragraphs 2 and 3 of this 
Article shall be null and void.  
 
Decompilation  
Article  98 
(1) Reproduction of the code and transla tion of its form, within the meaning of Article 96, 
paragraph 1, item 2 of this Law, shall not require authorization from the right holder, if 
they are indispensable in order to obtain the information necessary to achieve the 
interoperability of an indepen dently created computer program with other programs, 
provided that the following conditions are met:  
1. Such acts are performed by a licensee, by another lawful user, or by a person 
authorized by them, acting on their behalf and for the same purpose;  
2. Th e information necessary to achieve interoperability has not previously been 
available to the persons from paragraph 1, item 1 of this Article; and  
3. Such acts are confined only to those parts of the original program which are 
necessary to achieve interope rability.  
(2) Information obtained through the application of paragraph 1 of this Article may not 
be: 
1. Used for goals other than to achieve the interoperability of the independently 
created computer program;  
2. Given to third parties, except when it is n ecessary to achieve the 
interoperability of the independently created computer program; or  
3. Used for the development, production or marketing of a computer program that 
is substantially similar in its expression, or used for any other act which infringes  
copyright.  
  32 (3) The provisions of this Article may not be applied in a manner which might 
unreasonably prejudice the copyright or which would be in conflict with the normal 
exploitation of the computer program.  
 
 
 
 CHAPTER THREE  
 RELATED RIGHTS  
 PART 1.  
 GEN ERAL PROVISIONS  
Subject -matter of related rights  
Article 99  
Subject -matter of related rights shall be the  performances of performers; phonograms of 
phonogram producers; video grams of film producers; programs of broadcasting 
organiza tions; publications of  publishers and databases of database makers.  
 
 
Application of the provisions on copyright  
Article  100 
The provisions of this Law on copyright, relating to: relationship between copyright and 
ownership right (Articles 6 -9 and Article 11), component parts a nd titles of a copyright 
work (Article 13), presumption of authorship and co -authorship (Article 18 and Article 
19), definitions of economic rights (Articles 28 -38), right of exhaustion with the first sale 
(Article 29 paragraph 5), limitations on the econo mic rights (Articles 51 -54), manner of 
calculation of the terms of duration and effects from their expiry (Articles 60 and 62), 
and transfer (Articles 63 -71 and Articles 73 -74), shall accordingly apply to the related 
rights.  
 
  
 PART 2.  
 CONTENTS OF RELATED R IGHTS  
 SECTION 1. Rights of performers  
Notion of performers  
 
Article  101 
(1) Performers, within the meaning of this Law, shall be actors, singers, musicians, 
ballet dancers and other persons who by acting, singing, dancing, declaiming, reciting,  33 or in some  other way perform works of literature and art or expressions of folklore 
(hereinafter: performers).  
(2) Within the meaning of this Law, directors of stage works, orchestra and choir 
conductors, sound or sound fixation editors shall be also considered as p erformers.  
 
 
 
Representatives of ensembles of performers  
Article  102 
(1) Performers who collectively participate in the same performance, such as orchestra, 
choir, dancing or drama ensemble, group, or other type of collective, shall be obliged to 
authorize  one of the members -performers of the ensemble as their representative for 
transfer of rights of use of the performance under Article 106 paragraph 1 of this Law, 
unless otherwise provided by law or by the rules of the ensemble.  
(2) The authorization from paragraph 1 of this Article shall be given in written form and 
shall be valid if it is granted by the majority of the performers in the ensemble from 
paragraph 1 of this Article. The authorization shall contain the rights for which 
authorization is given, the total number of performers, their names, signatures of the 
members granting the authorization, and duration of its validity.  
(3) The provisions from paragraphs 1 and 2 of this Article shall not apply to directors of 
stage works, conductors and soloists . 
 
Moral rights  
Article  103 
A performer shall have the following exclusive moral rights:  
1. To be recognized as the performer of the performance;  
2. To have his name, pseudonym, or other designation, or the name of the 
ensemble, the artistic director of t he ensemble and the soloist, indicated for every use of 
the performance, unless it is technically impossible;  
3. To object to any alteration, distortion, mutilation or destruction of his 
performance, and to object to any use of the performance that could b e prejudicial to his 
personality, honor and reputation.  
Economic rights  
Article  104 
(1) A performer shall have exclusive economic rights to authorize or prohibit the use of 
his performance for:  
1. Fixation of his unfixed performance;   34 2. Communication to th e public of his unfixed performance, except for 
broadcasting of a performance which is itself already a broadcast performance or 
is made from a fixation;  
3. Reproduction of the fixation of the performance;  
4. Distribution of the original or copy of the fix ation of the performance;  
5. Making the fixation of the performance available to the public.  
(2) Reproduction of a fixation of a performance under paragraph 1 item 2 of this Article, 
within the meaning of Article 28 of this Law, shall mean making of copie s of the fixation.  
 
Other rights of the performer  
Article  105 
(1) The performer shall have the right to a portion of the single equitable remuneration 
for every communication to the public of a phonogram containing his performance, 
published for commercial  purpose, unless otherwise provided by this Law.  
(2) The performer who has transferred his right of reproduction of the fixation with his 
performance to a phonogram producer or to a film  producer in accordance with this 
Law, shall retain the right of remun eration for every rental.  
(3) The performer shall have the right to a portion of the fair compensation for 
reproduction for private use according to Article 46 of this Law.  
(4) The performer may not waive the rights provided by paragraphs 1, 2, and 3 of th is 
Article.  
(5) Publication for commercial purpose, within the meaning of paragraph 1 of this 
Article, shall mean reproduction of a phonogram in a sufficient number of copies 
intended for the public.  
 
Transfer of the performing right  
Article 106  
(1) The pe rformer may transfer to another person his economic rights of use of his 
performance by a performing contract.  
(2) The performing contract shall be concluded in a written form and shall contain, in 
addition to the general elements provided by Article 65 of  this Law, the title of the 
performed work and the name of the author of the work, as well as the number and 
period of broadcasts in case where the contract concerns broadcasting.  
  35  
Presumption of transfer  
Article  107 
Unless otherwise provided by the contr act, it shall be considered that by the conclusion 
of a contract for the production of a phonogram or audiovisual work, the performer has 
transferred to the phonogram producer or the film producer all his economic rights, 
including the right of dubbing of his performance.  
 
 
Performance in the course of employment  
Article  108 
The provisions from Article 86 of this Law concerning works created in the course of 
employment shall accordingly apply to performances in the course of employment.  
  
 SECTION 2. Rights o f phonogram producers  
 
Notion of phonogram producers  
Article 109  
(1) A phonogram producer, within the meaning of this Law, shall be a natural or legal 
person who undertakes the initiative, the organization, the financing and the 
responsibility for the firs t fixation of sounds of a performance, of other sounds or sound 
effects (hereinafter: phonogram).   
(2) A phonogram, within the meaning of this Law, shall be the fixation of sounds of a 
performance, or of other sounds or sound effects, other than  fixation contained in an 
audiovisual work  
(3) A fixation, within the meaning of this Law, shall be the embodiment of sounds or 
sound effects into a sound carrier from which they can be perceived, reproduced or 
communicated with the assistance of technical devices.  
 
 
Contents of rights of phonogram producers  
Article  110 
(1) The phonogram producer shall have the right, for every use of the phonogram, to 
have his name or designation appropriately indicated, unless it turns out to be 
impossible  
(2) The phonogram produce r shall have the exclusive economic right to use, to 
authorize or prohibit the use of the phonogram for:  
1. Reproduction;  
2. Distribution; and   36 3. Making available to the public.  
 
 
Other rights of the phonogram producer  
Article  111 
(1) The phonogram prod ucer shall have the right to a portion of the single equitable 
remuneration for the communication to the public of his phonogram published for 
commercial purposes.  
(2) Phonograms made available to the public shall be considered as phonograms 
published for  commercial purposes . 
(3) The phonogram producer and the performer of the performance fixed in the 
phonogram shall have the right to an equal share of the single equitable remuneration 
under paragraph 1 of this Article, unless otherwise provided by contract .  
(4) In the case from paragraph 1 of this Article, the user shall be obliged for every use to 
pay the remuneration under paragraph 1 of this Article for the rights of the phonogram 
producer and for the rights of the performer, unless otherwise provided b y this Law.  
(5) The phonogram producer shall have the right to a portion of the fair compensation 
for reproduction for private use in accordance with Article 46 of this Law.  
 SECTION 3. Rights of the film producer  
Notion  
Article  112 
(1) A film producer, wit hin the meaning of this Law, shall be a natural or legal person 
which undertakes the initiative, the organization, the financing, and the responsibility for 
the creation of the first fixation of an audiovisual work (hereinafter: video gram).  
(2) A video gr am, within the meaning of paragraph 1 of this Article, shall be the image 
carrier containing the fixation of moving images, with or without accompanying sound, 
from which they can be perceived, reproduced or communicated with the assistance of 
technical de vices.  
 
Contents of the rights of the film producer  
Article  113 
(1) The film producer shall have the right to have his name or designation appropriately 
indicated every time the video gram is used, unless it is impossible.  
(2) The film producer shall have an exclusive economic right to authorize or prohibit the 
use of his video gram for:  
 
1. Reproduction;  
2. Distribution;   37 3. Public presentation;  
4. Broadcasting;  
5. Rebroadcasting; and  
6. Making available to the public.  
 
 
Other rights of the film producer  
Article 114 
The film producer shall have the right to a portion of the  fair compensation for 
reproduction for private use according to Article 46 of this Law.  
  
 SECTION 4. Rights of broadcasting organizations  
 
Contents of the rights of broadcasting organizat ions 
Article  115 
A broadcasting organization shall have exclusive economic rights to authorize or 
prohibit the use of its programs for:  
1. Fixation of the programs into sound and/or image carriers;  
2. Reproduction and distribution of the copies of fixation s of programs;  
3. Rebroadcast;  
4. Public transmission, in places accessible to the public against payment of an 
entrance fee;  
5. Making available to the public.  
  
 
 
 SECTION 5. Rights of publishers  
The right of a publisher to fair compensation for reproduct ion for private use  
Article  116 
A legal or natural person who lawfully publishes a copyright work in a hardcopy form 
(publisher) shall hav e the right to a portion of the  fair compensation for reproduction for 
private use according to Article 46 of this Law . 
 
Rights in special cases of publishing  
Article  117 
(1) A legal or natural person who for the first time lawfully publishes or in other way 
discloses a copyright work in which the author’s economic rights have expired shall  38 have exclusive economic rights equivalent to the economic rights of the author, as 
provided by this Law.  
(2) A natural person who for the first time lawfully publishes a scientific or a critical 
commentary or review of a previously published copyright work in which the author’s 
economic  rights have expired, shall have exclusive economic rights equivalent to the 
economic rights of the author, as provided by this Law.  
 
SECTION 6. Rights of a database maker  
Notion of a database maker  
Article 118  
The maker of a database shall be a legal or n atural person who undertakes the initiative 
and responsibility for investing into the creation of a database, if he can demonstrate 
that he has carried out a qualitative and/or quantitative substantial investment in the 
obtaining, verification or presentat ion of its contents.  
 
Contents of the rights of database makers  
Article 119  
(1) The database maker shall have exclusive right to authorize or prohibit the 
reproduction (extraction) and/or distribution of copies, making available to the public, or 
other for ms of communication to the public of the whole or of a substantial part of the 
database (re -utilization).  
(2) The first sale of a copy of a database by the right holder or with his consent shall 
exhaust the right to control further resale of the copy.  
(3) The rights under paragraph 1 of this Article shall apply without prejudice to the 
existing rights in the parts incorporated into the database.  
 
 
 
Scope of protection  
Article 120  
(1) The protection of the rights of the database maker shall cover:  
1. The ent ire contents of the database;  
2. The substantial part of its contents, assessed qualitatively and/or quantitatively;  
3. The insubstantial parts of its contents, when used in repeated and systematic acts 
which conflict with the normal exploitation or whic h unreasonably prejudice the 
legitimate interests of the database maker.  
(2) The protection of the database shall not apply to computer programs used for the 
making or operation of databases accessible through electronic means.   39  
Rights and obligations of t he lawful user  
Article 121  
(1) The maker of a disclosed database may not prevent the lawful user of the entire 
database or of a part thereof, where he is authorized to use only a part, from using the 
insubstantial parts of its contents, evaluated qualitati vely and/or quantitatively, for any 
purpose.  
(2) The lawful user of a disclosed database may not perform acts which conflict with the 
normal exploitation and/or acts which unreasonably prejudice the interests of the maker 
of the database.  
(3) The lawful us er of a disclosed database may not cause prejudice to the holder of 
copyright or related right with respect to works or subject -matter of related rights 
contained in the database.  
 
Limitation on the rights  
Article 122  
The use of the substantial part of the  contents of the database by the lawful user shall 
be without authorization of the right holder and without remuneration, in the case of 
reproduction:  
1. From a non -electronic database for private purposes;  
2. For teaching illustration purposes or for scie ntific research, as long as the source is 
indicated and to the extent justified by the non -commercial purpose; and/or  
3. Distribution, making available to the public, or other forms of communication to the 
public,  for purposes of public security, in admini strative or in judicial procedures.  
PART 3.  
DURATION OF RELATED RIGHTS  
SECTION 1. Duration of the rights of performers  
Article 123  
(1) The economic performing rights shall run for 50 years from the day of the 
performance. If within this period the fixation  of the performance has been lawfully 
published or lawfully communicated to the public for the first time, the rights of the 
performer shall run for 50 years from the first lawful publication or communication to the 
public.  
(2) The moral rights under Artic le 103 of this Law shall continue to run after the expiry of 
the terms of duration of performing rights, as provided by this Law. The provision on the 
management of moral rights from Article 61 of this Law shall accordingly apply to the rights 
of performer s. 
  40 SECTION 2. Duration of the rights of phonogram producers  
Article  124 
The rights of the phonogram producer shall run for 50 years from the day of the first 
fixation of the phonogram. If within this period the phonogram has been lawfully 
published for th e first time, the rights of the producer shall run for 50 years from the 
publication. If the phonogram was not lawfully published within this period, and if it has 
been lawfully communicated to the public, the rights of the producer shall run for 50 
years from the communication to the public.  
 
SECTION 3. Duration of the rights of film producers  
Article  125 
The rights of the film producer shall run for 50 years from the day of completion of the 
fixation. If, during that period, the fixation has been lawfully  published or communicated 
to the public for the first time, the rights of the producer shall run for 50 years from the 
first lawful publication or communication to the public.  
 
SECTION 4. Duration of the rights of broadcasting organizations  
Article  126 
The rights of broadcasting organizations shall run for 50 years from the day of the first 
broadcast of the program.  
 
 
SECTION 5. Duration of the rights of publishers and the rights in special cases of 
publication  
Article  127 
(1) The rights of the publisher s hall run for 50 years from the lawful publication.  
(2) The rights under Article 117 paragraphs 1 and 2 of this Law shall run for 25 years 
from the first lawful publication or disclosure.  
 
SECTION 6. Duration of the rights of database makers  
Article  128 
(1) The rights of the maker of the database shall run for 15 years after the completion of 
the making of the database. If within this period the database is lawfully disclosed, the 
rights shall run for 15 years after the disclosure.  
(2) The term of protection  stipulated in paragraph 1 of this Article shall begin to run 
anew following any substantial change, evaluated qualitatively and/or quantitatively, to 
the contents of the database, including any substantial change resulting from the 
accumulation of success ive additions, deletions or alterations, which would result in the  41 database being considered to be a substantial new investment, evaluated qualitatively 
or quantitatively.  
 
 
  
 CHAPTER FOUR  
 COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS  
 
 PART 1.  
 GENER AL PROVISIONS  
Individual and collective management  
Article  129 
(1) The holders of copyright and related rights may administer the rights provided by this 
Law individually (separately for each copyright work or subject -matter of a related right), 
personally  or through a representative, or collectively (jointly for several works or 
subject -matters of related rights and for several right holders) through an organization 
for collective rights management, in a manner and under conditions provided by this 
Law.  
(2) Collective rights management under paragraph 1 of this Article shall cover legal 
matters with the users of rights, collection of remunerations from the use and their 
distribution, and protection of rights before the state authorities and other entities.  
(3) The collective management of copyright and related rights shall be carried out only 
for disclosed copyright works and disclosed subject -matter of related rights.  
(4) Disclosure  of fixations of performances shall be considered as disclosure within the 
meaning of paragraph 3 of this Article.  
(5) In case of collective management the rights shall be transferred on a non -exclusive 
basis.  
 
Carrying out the collective management  
Article  130 
(1) The collective management shall be carried out for rights provided  by this Law in 
cases where the management cannot be carried out individually, due to the character of 
the copyright works or subject -matter of related rights and due to the conditions and 
manner of their use.  
(2) Collective management may be carried out f or exclusive rights that can be managed 
individually  
 
  42 Rights that are managed collectively  
Article  131 
Rights that can me managed collectively shall be, in particular:  
1. Communication to the public of non -stage musical works and non -stage literary 
works;   
2. The author’s right of royalty from the right of resale;  
3. The author’s right of remuneration for public lending;  
4. The right of remuneration of the author and the performer for rental of phonograms or 
video grams;  
5. The right of remuneration of the  performer for broadcasting and other communication 
to the public of his performance which in itself is a broadcast or is made from a fixation;  
6. The right of remuneration of the performer and the phonogram producer from the 
single equitable remuneration for communication to the public of phonograms with 
performances published for commercial purposes;  
7. The right of fair compensation of the author and the publisher from reproduction on 
paper or similar carrier by photocopying or any other analogous techni que having 
similar effects, for private use;  
8. The right of fair compensation of the author, the performer and the phonogram 
producer for the reproduction of the phonogram for private use;  
9. The right of fair compensation of the author, the performer, an d the film producer for 
the reproduction of the video gram for private use; and  
10. The right of cable retransmission of copyright works and subject -matter of related 
rights which, as an exclusive right, is managed collectively on a compulsory basis, 
excep t for works and subject -matter of related rights that are rebroadcasted by a 
broadcasting organization, regardless of whether the concerned right is its own or the 
rebroadcasting right has been transferred to it by other right holder.  
 
 
 PART 2.  
 ORGANIZATIO N FOR COLLECTIVE MANAGEMENT  
Organization for collective management  
Article  132 
(1) Collective management of copyright and related rights shall be carried out by a legal 
person founded by right holders (natural and/or legal persons) for collective 
managemen t of rights, that operates on its own behalf and for the account of the right 
holders, based on a license from the Ministry of Culture (hereinafter: organization).  
  43 (2) The organization shall operate with a non -profit purpose, based on the principles of 
rationality and transparency, and shall respect the rules of competition.  
(3) The organization may be established for specific types of rights or for the rights 
belonging to specific right holders.  
(4) The execution of certain administrative, technical or as sisting matters can be 
delegated by the organization to another natural or legal person by a written contract.  
 
 
Duties of the organization  
Article 133  
The organization shall be obliged to:  
1. Protect the interests of the right holders whose rights it mana ges, by tracking their 
use in the Republic of Macedonia and abroad;  
2. Carry out legal matters and manage relations between the right holders and the users 
and conduct proceedings before courts and other bodies for the protection of copyright 
and related rights and the like;  
3. Adopt and publish general regulations for collection and for distribution of 
remunerations from the use, in accordance with Law;  
4, Conclude agreements with relevant organizations abroad;  
5. Transfer the right for non -exclusive us e of copyright works and subject -matter of 
related rights by contract or by other written act;  
6. Collect the specified remunerations from the users and carry out their distribution to 
the right holders, in accordance with law and the general regulations;   
7. Request from the users information and documents necessary to determine the 
amount of the remuneration for the use of rights;  
8. Carry out control over the use of copyright works and subject -matter of related rights;  
9. Provide for internal control, accountability and responsibility of the bodies and 
individuals for the matters placed under their competence, in accordance with law and 
the general regulations;  
10. Ensure and enable transparency of its operation (provide to the right holders access 
to information concerning the use of rights, the collected funds and the distribution);  
11. Provide for and allow inspection into the operations and the data by the right 
holders, in a way, scope and under conditions provided by law and the general 
regulation s of the organization;  
11. Provide and maintain logistics, staff and other conditions determined by this Law for 
successful operation.  
 
  44 Members of the organization  
Article  134 
(1) The members of the organization (the right holders) shall manage the rights  
provided by this Law and take decisions in the organization, according to this and other 
Law.  
(2) The organization that carries out collective management pursuant to this Law shall 
manage the rights of all the right holders for which it has obtained a lic ense from the 
Ministry of Culture, in accordance with this Law and the Charter or the Founding Act.  
 
 SECTION 1. Notification, provision of data and authorization for use  
Entities obliged to submit notification, data and request authorization  
Article  135 
(1) The user, in the cases from Article 137 items 1 and 3 of this Law, shall be obliged, at 
the latest 15 days prior to the day of the use of copyright works or subject -matter of 
related rights, to notify the organization and request an authorization for use , and in a 
subsequent period, which can be no longer than 15 days following the day of the use, to 
provide to the organization detailed data concerning the used works or other subject -
matter, the place and time of use, and to make payment of the remunerati ons for the 
use. 
(2) The seller, the art dealer, the organizer of public auction, the art gallery or other 
intermediary who is selling art works, within the meaning of Article 43 paragraph 3 of 
this Law, and originals (manuscripts) of literary and musical works stipulated in Article 
44 of this Law, shall be obliged to submit to the collective management organization 
data concerning the sold works, the owner and the intermediary, the sale contracts and 
the certificates for originality of the works, and the s ale price, within 30 days after the 
sale.  
(3) The producers and the importers of equipment for sound and visual fixation, 
photocopying equipment, blank carriers of sound and of sound and image, as well as 
persons who provide photocopying services shall be obliged, upon request by the 
collective management organization, to provide data on the type and number of sold or 
imported equipment and carriers of sound or sound and image, as well as data on the 
photocopies made during a certain month.  
(4) The broadcas ting organizations shall be obliged to submit to the collective 
management organization an overview of the broadcasted copyright works or subject -
matter of related rights, once a month, in a form and with content determined  with the 
regulations under Artic le 139 of this Law.  
(5) The user shall be obliged, without delay, to notify the relevant organization of any 
change of circumstances of the public use or of its termination, for the purpose of 
modifying the terms of the authorization or withdrawal of the a uthorization.   45 (6) In cases where, within the meaning of paragraph 1 of this Article, the organization 
has not been notified, or the detailed data has not been submitted, or an authorization 
was not granted, upon the organization’s request the competent cou rt shall issue a 
provisional measure - prohibition of use.  
(7) In case where certain services/activities under Article 137 of this Law (catering, 
accommodation , transport, commercial  gallery, concert, interpreting, stage/show, 
broadcasting and alike) are r elated to the use of rights which are managed collectively, 
the authority competent for issuing a license/decision for carrying out the activity shall 
grant it provided the entity carrying out the activity has previously concluded an 
agreement with the rel evant collective management organization.  
 
Control over the use  
Article  136 
(1) The organization shall have the right to control the use of the copyright works and 
subject -matter of related rights for which it has a license for collective rights 
managemen t. 
(2) The users of copyright works and subject -matter of related rights shall be obliged to 
provide to the organization the relevant data concerning the use, as well as to allow 
inspection into the documents.  
(3) When carrying out the control under paragr aphs 1 and 2 of this Article, the 
competent state administration authorities shall be obliged, upon request by the 
collective management organization, to provide data and information that are of 
importance for the operation of the organization..  
 
SECTION 2 . Remunerations for use  
 
Bases for determining the remunerations  
Article 137  
The remunerations for use of copyright works or subject -matter of related rights shall be 
determined according to the following bases:  
(1) Where the use of the copyright work or s ubject -matter of related rights is 
indispensable for carrying out of the activity of the user, or such activity is dependant on 
their use (concert, interpretation, dance activity etc.), the remuneration for use shall be 
determined, by default, as a percent age from the revenue generated by the user from 
the use of the copyright work and/or subject -matter of related rights.  
(2) Where the use of the copyright work or subject -matter of related rights is 
indispensable for carrying out of the activity of the use r, or such activity is dependant on 
their use, and it is impossible to separately determine the specific revenue generated 
from the use (broadcasting activity), the remuneration for use shall be determined as a 
percentage from the revenue which includes th e broadcasting tax and/or subscription,  46 revenues from advertising, sponsorships, grants and revenues from program 
transactions. The revenue shall not include the funds for the value added tax, funds 
obtained from loans and interest rates attached to loans.  
(3) Where the public use of the copyright work or subject -matter of related rights does 
not generate revenue (performances, manifestations etc.), the remuneration can be 
determined as a percentage from the costs necessary for the use of the copyright work  
or subject -matter of related rights, such as remunerations or salaries of the authors or 
related rights holders, or the costs for using the space where the copyright work or 
subject -matter of related rights is used, or other relevant costs.  
(4) The minimu m nominal (absolute) amount of remuneration shall be determined when 
determining the remunerations under items 1, 2 and 3 of this Article.  
(5) If the use of the copyright work or subject -matter of related rights is not 
indispensable for the carrying out of  the activity of the user, but it contributes to increase 
the pleasure of the end users of its services (accommodation facilities, hotels, exhibition 
spaces, catering facilities, transportation means and other similar businesses), the 
remuneration shall be  determined as a lump sum, separately for permanent and for 
temporary use of copyright works or subject -matter of related rights.  
 
Determining the amount of the remunerations  
Article 138  
When determining the amount of the remunerations, the following shall  be taken into 
consideration:  
1. The rights, their types and scope of their use;  
2. The number of potential users;  
3. The category and the size of the space;  
4. The duration and the number of uses;  
5. The difference in the prices in the activity of the us er resulting from the use of works 
or subject -matter of related rights;  
6. The structure and the character of the program (the broadcasting service format), 
according to the issued license for broadcasting activity (in the case of broadcasting);  
7. Religi ous, cultural, societal and social interests of the users;  
8. Interests of young persons and persons with special needs.  
 
Regulations determining  the remunerations  
Article 139  
  47 (1) The amount of the remunerations for use, unless otherwise provided by this Law, 
shall be determined by the following:  
1. General agreement between the organization and the associations of certain 
categories of users or their chambers representing majority of the users (general 
agreement);  
2. Individual agreement between the orga nization and individual users (individual 
agreement);  
3. General regulation of the organization determining the amount of the remunerations 
for use (hereinafter: Tariff).  
(2)  The general agreement may not provide for higher amounts of the remunerations 
for use than those provided for in the Tariff, for the same type and scope of use of 
copyright works and subject -matter of related rights by entities having the same or 
similar activity, and the individual  agreement may not provide for higher amounts of the 
remunerations for use than those provided by the general agreement or the Tariff.  
(3) None of the parties to an agreement under paragraph 1 items 1 and 2 of this Article 
may refuse negotiations on a general agreement or individual agreement. The refusal to  
negotiate by the organization, as well as the unjustified delay of negotiations with the 
user or with the relevant associations of users or their chambers, shall constitute 
grounds for revocation of the license for collective management.  
(4) If the user a nd the organization do not conclude an individual agreement on the 
terms and amount of the remuneration, the user shall be obliged to pay the 
remuneration according to the general agreement or the Tariff.  
 
 
Procedure for adoption of a Tariff  
Article 140  
(1) Prior to adopting the Tariff stipulated in article 139 paragraph 1 item 3 of this Law, 
the organization shall be obliged to request an opinion from the users, the relevant 
associations of users, or their chambers.  
(2) If the entities under paragraph 1 of  this Article do not submit their written opinions 
within 30 days from the day of receipt of the request, it shall be considered that they 
agree with the proposed Tariff.  
(3) If the organization does not accept entirely or partially the proposals in the op inions 
of the entities from paragraph 1 of this Article, within 15 days from their receipt, it shall 
be obliged to request an opinion from the Commission for mediation in the field of 
copyright and related rights provided by this Law (hereinafter: Commissi on for 
mediation), regarding the subject of disagreement. The Commission shall give an 
opinion within 60 days from the day of receipt of the request. The opinion shall include 
an assessment whether the draft -Tariff of the society includes the rights for wh ich the 
society has a license, as well as whether the remunerations in the Tariff are determined 
according to the provisions of this Law. If the Commission does not give an opinion 
within the stipulated period, it shall be assumed that it agrees with the d raft-Tariff.   48 (4) The Tariff shall be published in the “Official Gazette of the Republic of Macedonia” 
following its adoption by the competent body of the organization.  
 
Subsection 1. Commission  for mediation  
Competence  
Article 141  
(1) The Commission for me diation, in addition to the mediation under Article 140 of this 
Law, shall mediate in the conclusion of agreements for cable retransmission upon 
request by any party to the agreement, and it may mediate in the conclusion of 
agreements for other types of us e of copyright works or subject -matter of related rights, 
if both parties request so.  
(2) The Commission for mediation in the cases under paragraph 1 of this Article shall 
assist the parties to the agreement in the conclusion of the agreement and may submi t 
proposals to the parties.  
(3) The proposals under paragraph 2 of this Article shall be considered accepted if none 
of the parties to the agreement expresses its opposition to the proposals within three 
months from their receipt.  
 
(4) The proposals and th e notice of any opposition under paragraphs 2 and 3 of this 
Article shall be served in writing by registered mail.  
 
Composition and appointment  
Article 142  
(1) The Government of the Republic of Macedonia, upon proposal by the Minister of 
Culture, shall app oint the Commission for mediation.  
(2) The Commission for mediation shall consist of president and four members with a 
four year mandate.  
(3) The president and the members of the Commission for mediation shall be appointed 
from among the renowned independ ent and impartial experts in the field of copyright 
and related rights who can contribute with their work and knowledge of the application 
of the copyright law to the fulfillment of the goals for which the Commission is 
established.  
(4) The president and t he members of the Commission for mediation, prior to their 
appointment, shall give a written statement that there is no conflict of interests in 
relation to the activities of the Commission  
 
Operation  
Article 143  
(1) The Commission for mediation shall work  by holding meetings and shall take 
decisions by majority votes from the total number of members.   49 (2) The Commission for mediation shall adopt Rulebook on its operation.  
(3) The Commission for mediation can invite on its meeting one authorized 
representati ve of each party to the agreement, and other experts from the relevant field. 
The representatives of the parties to the agreement and the invited experts shall take 
part in the work of the Commission, without the right to vote.  
(4) The administrative and t he technical matters of the Commission for mediation shall 
be carried out by the Ministry of Culture.  
 SECTION 4. Distribution of remunerations  
General regulation on distribution  
Article  144 
(1) The organization shall adopt a general regulation for the dist ribution of the 
remunerations in accordance with law and the Charter or the Founding Act.  
(2) The distribution of the remunerations from paragraph 1 of this Article shall be carried 
out according to the records and data on the use of works or subject -matte r of related 
rights, and in case when it is not possible or would cause unreasonable costs it shall be 
determined as a lump sum, in accordance with the principle of fairness.  
(3) In order to cover the total costs of operation of the organization, the funds  from the 
collected remunerations may be used in an amount provided by the Charter or the 
Founding Act , in the amount up to 20%, and in the case of collective management of 
the fair compensation, determined  with this law, that amount shall not exceed 30%.  
(4) The individual calculations and the payments of the remunerations shall be carried 
out at least once a year.  
(5) The general regulation for distribution shall be published in the “Official Gazette of 
the Republic of Macedonia” following its adoption by  the competent body of the 
organization.  
 
Special cases of distribution of remuneration  
Article 145  
The distribution of the fair compensation determined with Articles 46, 105 111, 114 and 
116 of this Law shall be carried out in the following proportion:  
1. From the compensation collected for reproduction for private use of 
phonograms or video grams according to this Law, the authors shall receive 
40%, the performers 30% and the phonogram or film producers 30%.  
2. The compensation collected for reproduction for private use on paper or 
similar carrier according to this Law shall be distributed among the authors and 
publishers in an amount of 50% each.  
3. The remuneration collected for public communication of a phonogram 
published for commercial purposes, inclu ding broadcasting, according to this  50 Law, shall be distributed among the performers and the phonogram producers in 
an amount of 50% each.  
 
 
PART 3.  
PROCEDURE FOR ISSUANCE OF A LICENSE FOR COLLECTIVE MANAGEMENT  
 
Request for issuing license  
Article  146 
(1) T he license for collective management shall be issued upon request by the 
organization.  
(2) Together with the request under paragraph 1 of this Article, the organization shall 
enclose the decision for registration in the Central Register of the Republic of 
Macedonia, the Charter or the Founding Act as well as other documentation determined 
with this Law.  
(3) The provision under paragraph 2 of this Article shall accordingly apply to the 
organization under Article 149 paragraph 3 of this Law.  
 
 
 
Contents of th e Charter or the Founding Act of the organization  
Article  147 
The Charter or the Founding Act shall contain, in addition to the elements provided by 
other Law, provisions concerning the carrying out of the duties of the organization as 
provided by this Law , including in particular:  
1. Types and scope of the rights that are managed;  
2. Bodies of the organization, their competences, accountability, responsibility, 
manner of operation, election and dismissal;  
3. Conditions and manner of acquiring the status of  a member of the 
organization;  
4. Manner and participation of the members of the organization in the bodies of 
the organization and their rights, duties and responsibilities;  
5. Procedure for exemption (prohibition) from collective rights management by a 
right holder, except in cases where the right holder may not waive that right, in 
accordance with this Law;  
6. Procedure for protection of rights of the members;  
7. Procedure for adoption of general regulations;  
8. Manner of collection of remunerations and principles of their distribution;   51 9. Establishing procedure and principles for conclusion of agreements with 
relevant organizations abroad and manner of providing exchange of information 
on collective management;  
10. Manner and conditions for providing int ernal control and supervision over the 
operations;  
11. Manner and conditions for providing transparency in the operation with 
respect to the members, the users and the general public;  
12. Conditions for termination of the organization and division of the property.  
 
 
 
 
Contents of the additional documentation  
Article  148 
The additional documentation shall contain:  
 
1. Expected and probable number of right holders and the scope of rights that 
shall be managed by the organization for collective management, or  the number 
of those right holders who have joined the organization and the scope of their 
rights;  
2. Assessment of the economic justification of efficient and economic collective 
management of particular rights.  
3. Proof that the organization meets certai n logistical, staff and other conditions 
(appropriate business premises, equipment for collection and processing of 
collective management data, and staff qualified in the field of collective 
management with at least one employee with a degree in law and on e with a 
degree in economics - for the accounting duties, through its own administrative 
service or by delegating the activities to a third party).  
 
 
Procedure upon request  
Article  149 
(1) The Ministry of Culture, within 60 days from the receipt of the req uest, shall take a 
decision to issue a license or to refuse the request. An administrative dispute may be 
initiated against the decision before the competent court.  
(2) For the collective management of copyright and related rights according to this Law, 
by default, for the same type of rights, or use of rights, a license shall be issued to one 
organization.  
(3) In the case of the fair compensation determined with the Articles 46, 105, 111, 114 
and 116 of this Law, a license shall be issued to the organizat ion authorized by the 
relevant organizations or established by the relevant right holders among which the fair 
compensation is distributed.   52  
(4) If two or more requests have been submitted for the same rights, the Ministry of 
Culture shall issue the licens e to the organization for which it shall assess that, 
according to the submitted documentation, shall carry out more successfully the 
collective management with regard to fulfillment of the conditions determined with this 
Law and with regard to the scope o f the rights and the number of the right holders.  
 
 
Start of operation  
Article 150  
(1) The decision for the issuance of a license under Article 149 of this Law shall be 
published in the “Official Gazette of the Republic of Macedonia” and shall enter into 
force on the day of publication.  
(2) The general regulations of the organization (the Tariff and the regulation for 
distribution of the remunerations) shall be adopted and published by the organization 
within six months following the day of entering into fo rce of the decision for the issuance 
of a license in accordance with paragraph 1 of this Article.  
(3) The organization shall begin its operation at the latest 30 days after the publication 
of the regulations under paragraph 2 of this Article.  
(4) The non -adoption of  the regulations within the time period determined in paragraph 
2 of this Article shall constitute grounds for revocation of the license for collective 
management.  
 
Grounds for refusal of the request  
Article  151 
The Ministry of Culture shall take  a decision to refuse the request if:  
1. The complete documentation provided by this Law has not been submitted;  
2. The Charter or the Founding Act is not in accordance with this Law;  
3. It c onsiders that the organization,  based on the submitted documentat ion, 
does not fulfill the conditions to successfully carry out collective management.  
 
 
. 
  53 Application of other regulations  
Article  152 
The procedure for issuing a license shall be carried out in accordance with the 
provisions of the Law on General Adminis trative Procedure, unless otherwise provided 
by this Law.  
 
PART 4.  
CONTROL AND SUPERVISION OVER THE OPERATION OF THE ORGANIZATION  
Entities that carry out control and supervision  
Article  153 
(1) The control over the operation of the organization shall be ca rried out by the 
competent bodies of the organization and by the holders of the rights managed by the 
organization.  
(2) The state authority responsible for supervision over the regulations and the 
operation of the organization with regard to the provisions  of this Law shall be the 
Ministry of Culture.  
 
SECTION 1. Control by the bodies of the organization  
Article 154  
(1) The competent bodies of the organization, in accordance with the Charter or the 
Founding Act, may request:  
1. Annual reports from the execu tive and supervisory bodies of the organization 
concerning the collected funds, their distribution, the operation of the organization and 
application of the regulations on the remunerations, and the implementation of the 
agreements with the users and agree ments with the relevant foreign organizations;  
2. Auditing reports on the financial situation together with the opinion on the regularity of 
the operation in accordance with this Law, the general regulations of the organization 
and the concluded agreements ; 
 
 
 
 
3. Proposals for the financial plan and the costs of operation for the following year.  
(2) The provisions from paragraph 1 of this Article shall not affect the obligations of the 
organization arising from other financial reports and audits carried ou t on the basis of 
other regulations.  
  54 SECTION 2. Control by the right holders  
Article  155 
(1) Any holder of rights managed by the organization may carry out, within a time limit 
determined by the Charter or the Founding Act, inspection into the annual fina ncial 
report and the report of the supervisory body of the organization, and may request a 
written report on the collected funds from the use of his copyright works or subject -
matter of related rights. The organization shall be obliged to submit such repor t at the 
latest within eight days after the request.  
(2) At least one tenth of the holders under paragraph 1 of this Article may demand that 
one or more external independent experts audit the operation of the organization and 
give their expert opinion that  shall be forwarded to the Ministry of Culture.  
 
 
SECTION 3.  
 
 
Supervision  by the competent state authority  
Article  156 
(1) The Ministry of Culture may demand from the organization, at any time, information 
or data , or reports on the carrying out of the m atters provided by this Law, and may 
carry out inspection into the regulations, the annual financial report, the financial 
documentation and other documentation.  
(2) The organization shall be obliged to notify the Ministry of Culture on the 
commencement an d termination of the functions of the managers and the 
representatives of the bodies, on the conclusion of general agreements for use of rights, 
on the conclusion of agreements with relevant foreign organizations, on the 
amendments to the Charter or Foundi ng Act, as well as on other similar issues.  
(3) The amendments to the Charter or the Founding Act shall require the approval by 
the Ministry of Culture. If the Ministry of Culture does not reply within 60 days from the 
submission of the acts, it shall be considered that the approval has been given.  
Supervision measures  
Article  157 
(1) If, while carrying out supervision over the regulations of the organization, the Ministry 
of Culture considers that a general or individual regulation is not in accordance wi th this 
Law, with the Charter or the Founding Act, it shall take a decision to cease the 
application of the regulation and shall initiate a procedure before a competent court for 
assessment of the legality of the regulation.  
(2) If, while carrying out supe rvision over the operation of the organization, the Ministry 
of Culture considers that the operation is not in accordance with this Law, with the  55 license, with the Charter or the Founding Act, or with the general regulations on 
collection and distribution of remunerations, the Ministry of Culture shall deliver a 
decision giving the organization first a written warning and setting a reasonable time 
limit of at least 30 days for removal of the established irregularities. If the determined 
irregularities are n ot removed within the given time period, the license for collective 
management shall be revoked.  
(3) The decision revoking the license from paragraph 2 of this Article may be subject to 
initiation of an administrative dispute before the competent court.  
 
 SECTION 4. Transparency in the operation  
 
Publication  
Article 158  
The organization shall be obliged to publish once a year the reports on the operation 
and on the collected remunerations from the use of works or subject -matter of related 
rights which it man ages collectively, on the internet and/or through one of the press 
media.  
  
 CHAPTER FIVE  
 PROTECTION OF COPYRIGHT AND RELATED RIGHTS  
  
 PART 1.  
 GENERAL PROVISIONS  
 
 
Types of protection and application of other regulations  
Article 159  
(1) Copyright and related rights shall enjoy criminal, civil and misdemeanor protection.  
(2) Criminal protection of copyright and related rights shall be carried out according to 
the provisions of the Criminal Code and the regulations on criminal procedure.  
(3) Civil protection of copyright and related rights shall be carried out according to the 
regulations on litigation procedure, securing claims, obligations relations, and this Law.  
(4) Misdemeanor protection of copyright and related rights shall be carried out 
according to the r egulations on misdemeanors and this Law.   56 (5) The protection of copyright and related rights shall include the protection of 
technological measures against rights infringement.  
(6) The regulations on the customs measures for protection of intellectual prope rty 
rights shall apply to the procedures upon request for provisional measures, as 
determined with this Law, in cases of import, export or re -export of a copyright work, a 
subject -matter of a related right, or a copy thereof.  
 
Persons entitled to protectio n 
Article  160 
(1) A person whose right determined under this Law has been infringed, or there is 
reasonable doubt that the right will be infringed, and when there is a real threat of a right 
infringement, unless otherwise provided by this Law, shall have t he right to submit:  
1. Request for protection of the right and  
2. Request for provisional and other measures, unless otherwise provided by this Law.  
(2) The person under paragraph 1 of this Article shall include, in addition to the author, 
the right holde r, the person authorized to use the right and the organization (right 
holders).  
 (3) The procedure upon the claims under paragraph 1 of this Article shall be urgent.  
 
Solidarity of the parties  
Article  161 
(1) When a right provided by this Law has been infr inged, any of the holders of that right 
may demand protection of the right against a third party, as if he is the only holder. 
When the person who infringed the right fulfills the claims of any of the holders of the 
same right, his obligation shall cease f or the rest of the right holders. In case of an 
ongoing court procedure, the holders of a particular right shall be considered as a single 
party.  
(2) In case of several infringers of a right provided by this Law, each of them shall be 
jointly and severally  liable for the infringement.  
 
 
Protection of a right that is managed collectively  
Article  162 
When the organization proves that an infringement has been committed of a right 
provided by this Law, it shall not be necessary for the infringement to be establ ished by 
the individual holder whose right is managed collectively.   57   
SECTION 1. Protection of technological measures  
Notion and contents of technological measures  
Article  163 
(1) Technological measures, within the meaning of this Law, shall mean any techno logy, 
computer program, device or their component parts, which in their normal course of 
operation are designed to prevent or restrict acts of infringement of the rights provided 
by this Law which are not authorized by the right holder. These measures shal l be 
deemed effective if the right holder implements them by applying access control or 
protection process, such as encryption, scrambling or other type of transformation of the 
work, as well as by mechanisms for copy control.  
(2) It shall be considered th at a person is infringing an exclusive right provided by this 
Law, when he knew or could have known that he undertakes any activities for the 
purpose of circumvention of the effective technological measures for protection of that 
right.  
(3) It shall be con sidered as infringement of the exclusive rights provided by this Law 
when a person manufactures, imports for the purpose of distribution, distributes, sells, 
rents, advertises for sale or rental, or possesses for commercial purposes a technology, 
computer program, device or their components, or provides services without 
authorization, of any effective technological measures, which:  
1. Are promoted, advertised or marketed for the purpose of circumvention of 
technological measures;  
2. Have only limited commer cial purpose or use, other than to circumvent;  
3. Are primarily designed, produced, adapted or performed for the purpose of enabling 
or facilitating the circumvention of technological measures.  
(4) The provisions of this Article shall accordingly apply to any technology, computer 
program, device or their components used for removal or alteration of electronic rights 
management information.  
 
 
 
Exceptions from the application of technological protection measures  
Article 164  
(1) The right holder who uses techn ological measures shall be obliged, without delay, 
and in the shortest period possible, upon request from the person who has legal access 
to the copyright work, in case of the exceptions and limitations under Article 52 
paragraph 1 items 2, 3, 4, 5 and 8 a nd Article 54 of this Law, to enable him access and 
use of the work through removal of the technological measures or through provision of 
other appropriate means.   58 (2) The conditions under Article 51 of this Law shall accordingly apply to the exceptions 
and limitations from paragraph 1 of this Article.  
 
(3) The exceptions and limitations within the meaning of this Article shall not apply to 
the right of making available to the public.  
(4) The contractual provisions which are contrary to paragraph 1 of this A rticle shall be 
null and void.  
 
 
Protection of electronic rights management information  
Article 165  
(1) It shall be considered that a person is infringing the exclusive economic rights when 
he knowingly, without authorization, removes or alters any electro nic information for the 
rights management, or if he reproduces, distributes, imports for the purpose of 
distribution, rents, or communicates to the public a copyright work or subject -matter of 
related rights from which electronic rights -management informat ion has been removed 
or altered without authorization, and he knew or could have known that by doing so he 
is inducing, enabling, facilitating or concealing an infringement of the rights.  
(2) Electronic rights -management information stipulated in paragraph  1 of this Article 
shall mean any information provided by the right holders which allows to identify the 
copyright works or subject -matter of related rights including databases, the author, any 
other right holder, terms and conditions of their use, as well  as their appropriate 
numbers or codes that represent such information.  
 
 
PART 2 . 
 ACTIONS UPON REQUEST FOR PROTECTION OF RIGHTS  
Contents of the protection of the right  
Article  166 
The right of protection under Article 1 60 paragraph 1 item 1 of this Law sh all contain the 
following claims concerning:  
1. Termination of the infringement action;  
2. Compensation of material damages;  
3. Compensation of non -material damages;  
4. Civil penalty;  
5. Indication of the author;  
6. Return of the benefits acquired from the  unauthorized use;   59 7. Removal from circulation of the objects that infringe the right;  
8. Publication of the court judgment.  
 
 
 
Termination of the infringement action  
Article  167 
The person from Article 1 60 of this Law may request from the defendant to cea se the 
infringing action, and/or prohibition of such or similar action in the future.  
 
Compensation of material damages  
Article  168 
If material damages have been caused by an infringement of a right provided by this 
Law, the person from Article 1 60 of thi s Law shall have the right to request 
compensation of the material damages and compensation of lost profits. The 
compensation shall be determined in the amount that the defendant would have paid if 
he had demanded to use the right lawfully ( usual remunerat ion), or in an amount  
stipulated in the relevant tariffs or general agreement.  
 
 
Compensation of non -material damages  
Article  169 
In case of infringement of a moral right, regardless of the pronounced penalty from 
Article 170 of this Law, and in absence of  material damage, the court may award the 
author payment of an equitable pecuniary compensation for the suffered emotional pain 
and suffering as a consequence from the infringement of his moral right, if it finds that 
the circumstances of the case, and esp ecially the degree of the infringement and its 
duration, have caused that.  
 
Civil penalty  
Article  170 
(1) If a right provided by this Law has been infringed intentionally or through gross 
negligence, the person from Article 1 60 of this Law may request paym ent of the agreed 
or the usual remuneration for such type of use, increased for up to 200%, regardless of 
whether he has suffered material damage as a result of the infringement (civil penalty).  
(2) When deciding on the request for payment of the penalty o f paragraph 1 of this 
Article and when determining the amount thereof, the court shall take into account all 
the circumstances of the case, and in particular the degree of fault of the defendant, the 
amount of agreed or usual remuneration.  
  60 Indication of t he author  
Article  171 
In case of infringement of the moral right concerning the indication of the name, 
pseudonym or other designation of the author when using his work, the court may 
decide to have their additional or correct indication.  
 
 
Return of the b enefits acquired from the unauthorized use  
Article  172 
The return of the benefits  acquired from unauthorized use shall be carried out  in 
accordance with the regulations on obligations . 
 
Removal from circulation of the infringing objects  
Article  173 
(1) In case of infringement of an exclusive right under this Law, without prejudice to the 
claims for compensation of damages and regardless of any awarded compensation 
according to this Law, the person from Article 1 60 of this Law shall have the right to 
request : 
1. Removal from circulation  of the copies of a copyright work and subject -matter of 
related rights that have been made without authorization for the purpose of distribution 
or when they are in distribution, as well as of the materials and equipment used or 
intended to carry out the infringement, and  
2.Their destruction.  
(2) The measures under paragraph 1 of this Article shall be carried out at the expense 
of the person who has infringed the rights under this Law.  
(3) When pronouncing the measures under pa ragraph 1 of this Article, the court shall 
take into consideration the circumstances of the case, and in particular the 
proportionality between the seriousness of the infringement and the claims, the interest 
of the person under paragraph 1 of this Article  for provision of effective protection of 
rights, as well as the interests of third parties.  
(4) The provisions of this Article concerning destruction of architectural works shall 
apply only where a specially justified reason exists thereof.  
(5) Where the measures under this Article do not correspond to the nature and intensity 
of the infringement, which may be removed in some other way, and if the court 
considers that the person who has committed the infringement has acted unintentionally 
or without neglig ence, the court may award to the person under paragraph 1 of this 
Article, provided that the person agrees with that, payment of a pecuniary compensation 
in an amount which cannot be less than the one which he would have obtained from the 
authorized use of  the right.   61 (6)The destruction measures under this Article shall not apply if the destruction of the 
equipment used or intended for infringement of a right under this Law would cause 
greater damage than the damage caused by the infringement of the right, e xcept in 
case of equipment exclusively or primarily intended for infringement.  
(7) The claims from this Article against third parties shall be limited to three years from 
the moment the person from Article 1 60 of this Law became aware about the 
unauthorize d production of the objects, or from their distribution or the intention to 
distribute them, but no later than five years from their unauthorized production or 
distribution.  
 
Publication of the court judgment  
Article  174 
The person from Article 1 60 of this  Law shall have the right to request publication of the 
final judgment that entirely or partially adopts his claims for protection of copyright and 
related rights in the mass communication media, at the expense of the defendant.  
  
PART 3.  
 PROVISIONAL MEASUR ES FOR PROTECTION OF RIGHTS  
Contents of provisional measures  
Article  175 
(1) If the person from Article 1 60 of this Law submits a request under Article 1 60 
paragraph 1 item 2 of this Law, according to the regulations on securing a claim 
(proposal or legal action) and makes it probable that the copyright is infringed or there is 
a threat of infringement, the court may issue a provisional measure for cease or 
prevention of the infringement, by ordering:  
1. Prevention of the imminent infringement of the right;  
2. Provisional prohibition of right infringement or making such infringement 
subject to payment of a  pecuniary compensation in the amount of the prescribed  
fine for such type of right infringement, or subject to the lodging of guarantees to 
ensure the com pensation for such type of use ; 
3.Seizure or prevention of circulation of a copy which is suspected to infringe the 
right, so as to prevent its import and distribution for commercial purposes;  
4. Other similar measures  in accordance with law . 
(2) The court  may issue the measure from paragraph 1 of this Article against an 
intermediary whose services are used for the right infringement.  
(3) In case of a right infringement for the purpose of obtaining commercial benefit, and 
provided that the person from parag raph 1 of this Article makes it probable that the right 
infringement threatens to cause him irreparable harm, the court may order a measure  62 for provisional  seizure of the movable or immovable property, as well as the blocking of 
the bank accounts and other  assets of the infringer. To that end, the court may order the 
communication of bank and financial documents and access to information. The court 
shall be obliged to ensure the secrecy of those data, as well as to prohibit their abuse.  
(4) The provisional measures from paragraph 1 of this Article may be taken without 
hearing of the opposite party, if the person requesting them shows reasonable evidence 
that he is the right holder, and evidence that the right is being infringed or there is a 
threat of infrin gement, or that any delay would cause irreparable harm to the right 
holder. If the provisional measure was taken without hearing of the opposite party, the 
court shall submit to it the decision on the provisional measure immediately after its 
execution.  
(5) The court shall specify the duration of the provisional measure in the decision. If the 
measure is ordered before filing a legal action, the decision shall contain a time period 
within which the person requesting the measure is obliged to file a legal ac tion in order 
to justify the ordered measures, such period being no longer than 20 working days, 
counted from the day of delivery of the decision to the person proposing the measure.  
(6) The procedures for issuing provisional measures shall be subject to a pplication of 
the regulations on securing claims, unless otherwise provided by this Law.  
 
 
Measures for preserving evidence  
Article  176 
(1) Upon the request from Article 175 paragraph 1 of this Law the court may order 
measures for preserving evidence.  
(2) The court may order the measures from paragraph 1 of this Article in particular 
concerning:  
1. Making a detailed description of a copy suspected to infringe the right;  
2. Seizure of a copy suspected to infringe the right;  
3.Seizure of materials and equipme nt used in the production and distribution of a 
copy suspected to infringe the right, as well as any related documents.   
(3) The measures from paragraph 1 of this Article may be pronounced without hearing 
of the opposite party, if the person requesting the m shows reasonable evidence that he, 
or the person who has granted him the power of proxy, is the right holder, and evidence 
that the right is infringed or there is a threat of infringement, or if any delay is likely to 
cause irreparable harm to the right holder. If the measure was pronounced without 
hearing of the opposite party, the court shall submit to it the decision on the measure 
immediately after its execution.  
(4) The court shall specify the duration of the measure in the decision. If the measure i s 
ordered before filing a legal action, the decision shall contain a time period within which 
the person requesting the measure is obliged to file a legal action in order to justify the 
ordered measure, such period being no longer than 20 working days, cou nted from the 
day of delivery of the decision to the person proposing the measure.   63 (5) The procedures for issuing measures for preserving evidence shall be subject to 
application of the regulations on securing claims, unless otherwise provided by this Law.  
 
 
Collection of evidence during the civil litigation procedure  
Article  177 
(1) Where a party to the litigation procedure invokes specific evidence and claims that 
such evidence is held by the opposite party or is under its control, the court shall call th e 
opposite party to submit that evidence, determining a time period for the action.  
(2) In case where the right holder under this Law, as a plaintiff, claims in the legal action 
that a right infringement occurred for gaining a commercial advantage, as well  as where 
he relies in the procedure on banking, financial and similar commercial documents, 
papers and similar evidence, and claims that they are held by the opposite party or are 
under its control, the court shall call that party to submit the evidence, determining a 
time period for the action.  
(3) When a party called to submit evidence denies that the evidence is held by it or 
under its control, the court may take evidence in order to establish the facts.  
(4) With respect to the right of the party to re fuse the provision of the requested 
evidence, the right to refuse to testify according to the regulations on civil litigation 
procedure shall apply.  
(5) The court shall judge the significance of the failure by the party to act upon the court 
decision to su bmit evidence.  
(6) The court decision from paragraphs 1 and 2 of this Article may not be subject to a 
special appeal.  
 
  
PART 4.  
OTHER MEASURES  
Provision of information  
Article  178 
(1) The person from Article 1 60 of this Law who has initiated a civil litiga tion procedure 
for the protection of rights may request the provision of information on the origin and 
distribution networks of the work/copy of the work that are used for the infringement of 
his right.  
(2) The request from paragraph 1 of this Article may be submitted in the form of a legal 
action or a provisional measure against a person who:  
1. Is sued in a litigation procedure as provided by paragraph 1 of this Article;  
2. In the course of his commercial activity possesses a work/copy of a work suspected  
to infringe the right;   64 3. In the course of his commercial activity provides services suspected to infringe the 
right or provides services used in an activity suspected to infringe the right;  
4. Is indicated as a person involved in the production or distri bution of a work/copy of a 
work or in provision of services suspected to infringe the right, and at the same time is 
one of the persons from paragraph 2, items 1, 2, and 3 of this Article.  
(3) The request from paragraph 1 of this Article may be submitted a s the first claim in a 
legal action consisting of several claims, if the person against whom the request is 
submitted is sued in the main legal action.  
(4) The request from paragraph 1 of this Article may include, in particular, information 
concerning:  
1. Names and addresses of the producers and distributors, suppliers and other previous 
holders of the goods or providers of services, as well as the intended wholesale and 
retail sellers;  
2.The quantity of produced, manufactured, delivered, received or ordere d works/copies 
of works, as well as their prices.  
(5) The person against whom the request for provision of information under this Article 
is submitted may refuse to provide such information for the same reasons for which, 
according to the rules of the Law on litigation procedure, he may refuse to testify. In 
case where he refuses the provision of information without justified reason, he shall be 
liable for damages in accordance with the provisions from the Law on obligations.  
(6) The provisions of this Arti cle shall not affect the regulations on the manner of use of 
confidential information in civil, misdemeanor or criminal proceedings, the regulations 
governing liability for misuse of the right to obtain information, or the regulations 
governing the process ing and protection of personal data.  
(7) The provisions of this Article shall not prevent the application of the provisions on 
provisional measures and on measures for preserving evidence under this Law.  
 
 
Preventive actions for protection  
Article  179 
In order to preserve evidence or for other reasons, the author or the right holder 
according to this Law may register and deposit originals or copies of his work, 
phonogram, video gram or other subject -matter of his right with a notary or a legal 
representativ e. 
 
 
Symbols and designations  
Article  180 
(1) The holder of an exclusive copyright under this Law may denote the original or the 
copies of his work or the video gram with the designation © before his name, 
pseudonym or designation, and the year of the firs t disclosure.   65 (2) The holder of an exclusive right in a phonogram according to this Law may denote 
the original or the copies of his published phonogram or their containers with the symbol 
p before his name, pseudonym or designation and the year of the fir st disclosure.  
(3) Unless the contrary has been proved, it shall be considered that the exclusive rights 
in the works or phonograms shall belong to the person indicated according to 
paragraphs 1 and 2 of this Article.  
(4) The provisions of this Article sh all not affect or prevent the management and 
protection of the rights determined with this Law.  
 
  
PART 5.   
SUPERVISION  
Article  181 
Supervision over the implementation of the provisions of this Law with respect to 
organizations for collective management shall be carried out by the Ministry of Culture . 
 
 
PART 6.  
MISDEMEANOUR  SANCTIONS AND MEASURES  
 
Fine for legal persons  
Article  182 
 
(1) A fine for misdemeanour in the amount between 1.000 and 1.500 EUR in denar 
counter value shall be imposed on the legal pers on which:  
1. Indecently uses expressions of folklore and does not state the source and the origin 
(Article 53  paragraph 2 ); 
2. Fails to  notify without delay the relevant organization for collective management of 
any change of circumstances of the use or of  its termination (Article 135 paragraph 5);  
3. Fails to notify  and fails to submit information, documents and data, fails to pay the 
appropriate amount of remunerations to the relevant organization for collective 
management within the specified periods, an d fails to allow inspection into the 
documentation (Article 135 paragraphs 1, 2, 3, and 4);  
4. Fails to enable access and use of the work through removal of the technological 
measures or by other means , to the person who has legal access in a case of limit ation 
on the right , as determined in Chapter 2, Part 4 of this Law  (Article 164);  
(2) A fine in the amount between 250 and  600 EUR in denar counter value shall be 
imposed on the responsible person within the legal person for a misdemeanour under 
paragraph  1 of this Article.  
 
Fine for sole traders and for self -employed individuals   66 Article 183  
A fine in the amount between 250 and 600 EUR in denar counter value shall be 
imposed on the sole trader and on the self -employed individual for a misdemeanour 
under Art icle 182 paragraph  1 of this Law.  
 
Fine for natural persons  
Article 184  
A fine in the amount between 150 and 250 EUR in denar counter value shall be 
imposed on a natural person for a misdemeanour under Article 182 paragraph 1 of this  
Law. 
 
Budget revenues  
Article 185  
The fines under this Article shall constitute revenues for the Budget of the Republic of 
Macedonia.  
Prohibition to carry out business activity , profession or duty  
Article 186  
For the misdemeanour under Article 182 paragraph 1 of this Law, addit ional ly, a 
prohibition to carry out business activity, profession or duty  may be pronounced to the 
legal person  under Article 182 , to the sole trader and the self -employed individual under 
Article 183,  with duration of at least one year and not more than t wo years, counted 
from the day when the decision has become final.  
 
 Statutes of limitation and enforcement  
Article  187 
A procedure may not be initiated or conducted for the misdemeanours from Article 182 
paragraph 1 of this Law after the expiration of two  years from the day the 
misdemeanour was committed, and the pronounced penalty for the misdemeanour may 
not be enforced after the expiration of two years from the day when the decision on the 
misdemeanour has become final.  
 
 
 
 CHAPTER SIX  
 APPLICATION OF THE  LAW  
  67 General provisions  
Article  188 
(1) This Law shall apply to all copyright works and subject - matter of related rights 
which, on the day of entry into force of this Law, have enjoyed legal protection 
according to the Law on Copyright and Related Right s (“Official Gazette of the Republic 
of Macedonia” No. 47/96, 3/98, 98/2002, 4/2005 and 131/2007).  
(2) Authors and holders of related rights who are citizens of the Republic of Macedonia 
or have their principal establishment in the Republic of Macedonia sh all enjoy protection 
according to this Law.  
(3) Foreign authors and foreign holders of related rights shall enjoy the same protection 
as the persons from paragraph 2 of this Article, according to international agreements 
ratified in accordance with the Con stitution of the Republic of Macedonia.  
(4) Foreign authors and foreign holders of related rights who do not enjoy the protection 
under paragraph 3 of this Article shall enjoy protection according to Articles 189-195 of 
this Law.  
 
(5) Foreign authors and f oreign holders of related rights who do not enjoy the protection 
of paragraphs 2 and 3 of this Article, may enjoy the same protection as the persons of 
paragraph 2 of this Article on the basis of factual reciprocity.  
(6) Regardless of the other provisions of this Chapter, foreigners shall enjoy protection 
under this Law with respect to their moral rights in all cases, and with respect to the 
right of resale and the databases protected with related rights only on the condition of 
factual reciprocity.  
(7) Reciprocity shall be proved by the person relying on it.  
 
Authors and copyright works  
Article  189 
 
(1) Protection under this Law shall be enjoyed by the following:  
1. Foreign authors who are domiciled in the Republic of Macedonia;  
2. Works that are first pub lished in the Republic of Macedonia or published in the 
Republic of Macedonia within 30 days from the day of first publication in another 
country;  
3. Audiovisual works whose producer has his principal establishment or domicile in the 
Republic of Macedonia;  and 
4. Works of architecture or fine art which, as an immovable property or a component 
part thereof, are located on the territory of the Republic of Macedonia.  
(2) If the copyright work has been created by several authors, the protection according 
to thi s Law shall be enjoyed by all of them, if at least one of them meets any of the 
conditions of paragraph 1 of this Article.   68  
Performers and performances  
Article  190 
 
(1) Protection under this Law shall be enjoyed by foreign performers:  
1. Who have a domicil e in the Republic of Macedonia;  
2. Whose performances take place in the territory of the Republic of Macedonia;  
3. Whose performances have been fixed on phonograms that enjoy protection under 
this Law; and  
4. Whose performances have been incorporated in br oadcasting by radio, but without 
intention of being fixed on phonograms, that enjoy protection under this Law.  
(2) If several performers take part in the performance, the protection under this Law 
shall be enjoyed by all of them, if at least one of them is  a citizen of the Republic of 
Macedonia or has a domicile in the Republic of Macedonia.  
 
 
Producers and publishers  
Article  191 
(1) Protection under this Law shall be enjoyed by foreign phonogram and film producers 
whose phonogram or video gram has been fir st fixed in the Republic of Macedonia.  
(2) Foreign publisher, with regard to his related rights, shall enjoy protection under this 
Law if the edition has been first published in the Republic of Macedonia or has been 
published in the Republic of Macedonia w ithin 30 days from the day of first publication 
in another country.  
 
Broadcasting organizations  
Article  192 
Protection under this Law shall be enjoyed by a foreign broadcasting organization that 
transmits its programs or broadcasting services through trans mitters located on the 
territory of the Republic of Macedonia.  
 
Comparison of terms of duration  
Article  193 
 
Within the scope of application of international obligations, the terms of duration of 
rights according to this Law shall apply to foreign holders of copyright and related rights 
who enjoy protection under this Law, and shall expire no later than the date of expiry of 
the protection granted in the country of which they are citizens or in which they have a 
principal establishment, but in any case no longer than the terms of duration provided 
by this Law.   69  
Communication to the public by satellite  
Article  194 
 
(1) Protection under this Law shall be enjoyed by a foreign author and foreign holder of 
related rights whose work, performance or subject -matter  of a related right is 
communicated to the public in the Republic of Macedonia through satellite, provided 
that the appropriate program -carrying signals are introduced into an uninterrupted 
communication chain leading to the satellite and down towards the earth , and sent to 
and from the Republic of Macedonia, under the control and responsibility of a 
broadcasting organization.  
(2) The protection, according to this Law, shall be enjoyed, regardless of whether the 
condition of paragraph 1 of this Article has been fulfilled, if:  
1. An uplink station which transmits the program -carrying signals is situated in the 
Republic of Macedonia; or  
2.The broadcasting organization that has commissioned the broadcast by satellite has 
its principal establishment in the Repub lic of Macedonia.  
 
 
Persons without citizenship and refugees  
Article  195 
(1) Authors and holders of related rights who have no citizenship or whose citizenship 
cannot be determined - stateless persons shall enjoy the same protection under this 
Law as the c itizens of the Republic of Macedonia, if they have a domicile in the 
Republic of Macedonia.  
(2) The persons of paragraph 1 of this Article, who do not have a domicile in the 
Republic of Macedonia or whose domicile cannot be determined, but have a necessary  
residence in the Republic of Macedonia, shall enjoy the same protection as the citizens 
of the Republic of Macedonia.  
(3) The persons of paragraph 1 of this Article, who have neither domicile nor necessary 
residence in the Republic of Macedonia, shall enj oy the same protection as the citizens 
of the state in which they have a domicile or necessary residence.  
(4) The provisions of this Article shall apply to foreign authors and foreign holders of 
related rights having the status of refugees under the regula tions of the Republic of 
Macedonia.  
 
 
 CHAPTER SEVEN  
 TRANSITIONAL AND FINAL PROVISIONS  
 
 
  70  
Validity of agreements concluded before this Law  
Article  196 
 
The provisions of this Law shall not apply to agreements for use of copyright and related 
rights between  a holder and a user of the right, concluded before the entry into force of 
this Law, unless otherwise provided by this Law.  
 
 
Operation of the collective management societies  
Article  197 
 
The societies for collective management of copyright and related ri ghts which have a 
license for collective management and approvals to their general regulations for 
collection and distribution of remunerations, shall have the right to continue with their 
operation according to the provisions of the Law on Copyright (“Off icial Gazette of RM” 
No. 47/96, 3/98, 98/02, 4/05, and 131/07) until the time of obtaining a licence for 
collective management pursuant to the provisions of this Law, but no longer than one 
year after its entry into force.  
  
Termination of procedures for annulment  of licenses  
Article 19 8 
 
(1) In the case of societies for collective management of copyright and related rights to 
which, until the day of entry into force of this law, licenses for operation have been issued, 
and no approval has been granted to th eir general regulations (for remunerations for use 
of copyright and related rights and for distribution of the remunerations), and for those 
reasons they have not started their operation, the procedures shall be terminated and the 
issued licenses shall be annulled.  
 
(2) The societies under paragraph 1 of this Article shall have the right to submit a request 
for obtaining a license for collective management according to the provisions of this Law.  
 
 
Termination of validity  
Article  199 
On the day of entry int o force of this Law, the Law on Copyright and Related Rights 
(“Official Gazette of RM” No. 47/96, 3/98, 98/02, 4/05, and 131/07) shall cease to apply.  
  71 Delayed application  
Article  200 
 
The provisions concerning the right of fair compensation for reproducti on for private use 
under Articles 46 , 47, 48, and 131 items 7, 8, and 9 of this Law,  and the right of 
remuneration for public lending under Article 50 and Article 131 item 3 of this Law, shall 
apply after one year  from the day of entry into force of this L aw. 
 
Entry into force  
Article  201 
This Law shall enter into force on the eighth day following the day of its publication in 
the “Official Gazette of the Republic of Macedonia”.