Almost 60 organizations from all over the world representing audiovisual authors and performers have expressed their dissatisfaction and concern about the long-standing status quo in Macedonia regarding the regulation of audiovisual copyrights and the impossibility of the Association for the Protection of Copyright and Related Rights – AZAS to start by collecting funds from audiovisual works. AZAS emphasizes that their reaction comes after a draft law was submitted to the Parliament to amend and supplement the Law on copyright and related rights, with the adaptation of which the organizations say that there will be an essential and very unconstitutional violation of the rights of audio-visual authors and contractors and all other involved legal entities. They also share a map of the world showing the support they have received.
AZAS today reminds through a press release that they are the only Macedonian organization for the collective management of copyright and related audiovisual rights in Macedonia according to ZAPSP, which includes authors, performers, and film producers under one roof. He has a work permit, issued by the Ministry of Culture, unique in our country for collecting funds from audiovisual works, since September 2018. It is a member of the most relevant world and European organizations in this field and a partner of AGICOA.
“Despite the permission and the Law on copyright and related rights, which has been in force for a long time, AZAS still cannot start active work and collecting only because there is no active Commission for mediation in copyright and related rights that should approved the tariff, and the new draft law stipulates that within six months from the entry into force (eight days from the publication in the Official Gazette) of this law, all permits for collective management, including the permit issued to AZAS, will cease to be valid.
The proposed provision is completely wrong and unconstitutional and contrary to the EU Directives on collective management, primarily because already acquired legal rights (permits) cannot be revoked. We emphasize that AZAS has had a license for almost 5 years and while it is waiting for the state to fulfill its legal obligations to start working, the state will take away this license. This type of acquired right (permission) based on law cannot cease to be valid in this way. This makes the situation for international and domestic audio-visual actors totally unacceptable – write the organizations and associations of audio-visual artists from Latin America, France, Slovenia, Spain, Croatia, Great Britain, Turkey, Greece, Portugal, Serbia, Netherlands, Switzerland, Austria, Zimbabwe, Kenya, which advocates the rights of performers and their transparent, fair and efficient collective management, ensuring performers fair participation in the exploitation of their audiovisual performances across borders.
And the associations of the authors of audiovisual works around the world, from Uruguay, Chile, Argentina, and all of Europe, to Senegal, Niger, and Madagascar. They add that any action aimed at depriving Macedonian directors and screenwriters of their legitimate right to manage their works by revoking the license of AZAS, their sole representative body, would have far-reaching consequences for these creators, both domestically and globally. “, said AZAS.
This organization calls on the Macedonian Government and its relevant commissions to reflect on their previous decisions and take the necessary steps and activate the “Commission for mediation in copyright and related rights” so that AZAS can assist them in the implementation of the Copyright Directive of the EU (2019/790) and the EU Online Broadcasting Directive (2019/789), as both directives aim to modernize European copyright rules and enable consumers, media distributors, and creators to make the most of from the single digital market – they call.
“For the General Director of AIPA Slovenia, who recently had several meetings with representatives of the Secretariat for European Affairs, the Ministry of Culture, the Government, and the Parliament, it is unacceptable to prolong the entire process of approval of the tariff. For Štibernik, it will not cost the state anything, at the same time there will be new provisions and new jobs for the good of Macedonia. “It is a big pity, first of all for the Macedonian actors, authors, and producers, because the Macedonian film in the past few years has had excellent results and is known abroad. This means that organizations like AZAS in Macedonia, throughout Europe and the world receive money on behalf of Macedonian actors, authors, and producers, and that money cannot reach Macedonia due to the current situation,’ said Štibernik.
For José María Montes, Director of International Cooperation at AISGE from Spain, apart from the importance of protecting the rights of authors, performers, and producers in the audiovisual sector and ensuring their transparent and effective collective management, the implementation of the collective management of such rights through AZAS will harmonize Macedonia with established European practices.
By establishing a modern system for the protection and realization of these rights, Macedonia can ensure fair remuneration, strengthen legal certainty and encourage investments and cooperation in the audiovisual industry. This compliance with international standards will contribute to the growth and competitiveness of the sector, to the benefit of both rights holders and consumers,’ he adds.
AZAS hopes that the authorities will contribute to the Government to approach this issue seriously and to find ways to solve it as soon as possible to protect the majority of Macedonian authors, producers, and performers, and to ensure a fair, efficient, and transparent application and distribution of their collective rights,” said AZAS in the statement.