PROPERTY RIGHTS

Copyrights protect the economic interests of the author.

The author has the exclusive right to authorize or prohibit the exploitation of his work or copies of it. The exploitation of an author work is permitted only when the author, under the conditions specified by him, assigns appropriate author property rights, unless the Law on Copyright and Related Rights (hereinafter: the Law) or the contract does not specify otherwise. For any exploitation of an author work by another person, the author shall be entitled to a royalty or a fair fee, unless otherwise defined by the Law or by contract.

The author of written works has the exclusive right to authorize or prohibit:

  1. the right of multiplication;

  2. the right of distribution;

  3. the right to lease;

  4. the right to give service;

  5. the right to public performance;

  6. the right to the second public announcement;

  7. the right to make the work available to the public;

  8. the right to process a work;

The Right of multiplication

The author has the exclusive right to authorize or prohibit the reproduction, or the recording of his work on a material carrier, which is carried out directly or indirectly, permanently or temporarily, in part or in whole, in any way and in any form. Duplication includes in particular graphic reproduction, photographic reproduction, audio or visual recording, 3D reproduction, construction of an architectural object according to the project and recording in digital form.

The Right to distribute

The author has the exclusive right to authorize or prohibit the distribution to the public the original and copies of his work by sale or transfer of ownership in another way. Distribution also covers offering to the public as well as the import of the original or copies of the works, if these actions are carried out with the intention of their distribution. The right of distribution is valid for the territory of Montenegro with regards to the original and copies of the works, if the first sale or second transfer of ownership to that object in Montenegro was carried out by the right holder or with his permission. The right of distribution is covered for the territory of the European Union or the Member States of the European Economic Area in respect of the original and copies of the works if the first sale or other transfer of ownership to that item in the European Union or the Member States of the European Economic Area is done by the right holder or with his/her permission.

The Right to lease

The author has the exclusive right to authorize or prohibit the giving of the original and a copy of his work for use on a limited time, with direct or indirect property gain (lease). This does not apply to originals and copies of:

  • already built architectural buildings;

  • works of applied art and industrial design;

  • works placed on-site for convenient use;

  • works used in the work relationship.

The Right to give on service

The author has the exclusive right to authorize or prohibit publicly available authorizations of the originals or copies of their computer programs to others on a service for a limited period of time, without any direct or indirect proprietary benefit. The author is entitled to a fee for giving services to his works in the form of library material in institutions accessible to the public. This does not apply to originals and copies of:

  • library materials in national, school libraries of all levels and in special libraries;

  • works placed for convenient on-site use in a library or for service between libraries;

  • works used in the work relationship.

The Right to public performance

The author has the exclusive right to authorize or prohibit:

  • reciting his literary work to the public by performing live (the right of public recitation);

  • performing live publicly of his musical work (the right of public music performance);

  • presenting his work to the public by live performances on the stage (the right to public theater representation).

The author has the exclusive right to authorize or prohibit others to make public statements, performances and presentations outside the original space and with the help of speakers, screens or similar technical devices (public transmission rights).

The Right to the second public announcement

The author has the exclusive right to authorize or prohibit the second public disclosure of his work via wired or wireless means.

The Right to make a work available to the public

The author has the exclusive right to authorize or prohibit the placement of works at the disposal of the public via wired or wireless means, in a way that allows persons from the public to access the work from the place and at the time they choose to.

The Right for work adaptation

The author has the exclusive right to authorize or prohibit theater adaptation, music arrangement, translation, change or other processing of the work. This right also includes the inclusion of an author’s work in a new work in an unchanged form.