Skip to content

AV rules

In Bosnia and Herzegovina, the laws regulating this field are the Law on Copyright and Related Rights and the Law on Collective Management of Copyright and Related Rights, which were enacted in 2010.

Copyright is the right of authors of artistic, literary, and scientific expressions to enjoy the exploitation of their work or grant permission to others to use their work, all of which includes the protection of their rights.

A copyright work is created upon its mere creation, and unlike other forms of intellectual property (such as patents, trademarks, industrial designs), it is not subject to mandatory registration procedures.

A copyright work is created simply by its creation, and unlike other forms of intellectual property (such as patents, trademarks, industrial designs), it is not subject to mandatory registration procedures.

The economic transferable rights of the author are:

  • the right of reproduction;
  • the right of distribution;
  • the right of rental;
  • the right of communication to the public;
  • the right of adaptation; the right of audiovisual adaptation; the right of translation;

While moral rights cannot be transferred under any circumstances, as they are exclusively tied to the author, there is a possibility that in the event of the author’s death, moral rights may be partially transferred (usually to their heirs).

The non-transferable moral rights of the author include:

  • the exclusive right for the author to be recognized and credited as the creator of their work;
  • the author’s right to have their work published under their name, pseudonym, or another designation, or anonymously;
  • the right to decide whether, when, how, and in what form their work will be published;
  • the right to object to any modification or use of the work that would offend their honor and reputation;

There are also rights that cannot be categorized into either of these two categories and fall under other rights of the author:

  • the right to remuneration for making the work available to the public;
  • the right of attribution;
  • the right to compensation for private and other personal use;
  • the right of access and delivery of the work;

The duration of copyright lasts for the author’s lifetime and 70 years after their death.

The rights of a film producer last for 50 years from the day of the first fixation of the videogram.

Co-authors of an audiovisual work are considered to be:

  • the author of adaptation;
  • the main director;
  • the author of the script;
  • the author of dialogue;
  • the director of photography;
  • the composer of film music, created specifically for use in that work;

If a drawing or animation is a significant element of an audiovisual work, then the main draftsman (animator) is also considered a co-author.

Contributors are considered to be: the composer of music, the main draftsman (if not co-authors), the set designer, the costume designer, the makeup artist, and the editor who have rights to their individual contributions to the audiovisual work.

Related rights are rights closely related to copyright and have their own specific subject of protection. In this regard, the Law provides protection for performers, phonogram producers, film producers, broadcasting organizations, publishers, and producers of databases.

The Law on Collective Management of Copyright and Related Rights regulates the manner of collective management of copyright and related rights, the form of organization for collective management, conditions and procedures for granting permission (licenses) for collective management, tariffs and tariff agreements, as well as the supervision by the competent authority over collective organizations.