Publishing Legislation Online Project (PLOP)

Excerpts Of Texts From Laws Relevant To The Book Sector Translated Into English

Freedom to publish

Constitution (Off.Gaz.FRY 1/91)

Art.35:

Freedom of belief, conscience, thoughts and public expression of opinion are guaranteed.

Art.36, para.1:

Freedom of press and other means of public information are guaranteed.

Art.38, para.1:

Censorship of press and other means of public information is prohibited.

Limits of freedom to publish

Constitution (Off.Gaz.FRY 1/91)

Art.38, para.2:

No one can prevent distribution of press and dissemination of other information except if it is established by court decision that they are being used for calling for violent destruction of constitutional order, disturbance of state integrity, violation of constitutional civil rights and freedoms, or for provoking national, racial or religious intolerance.

Law on Public Information of the Republic of Serbia (Off.Gaz.RS 36/98)

Art.2:

Public information is being realized by public organs and other means of public information.

Public organs are press, radio and television organizations and information agencies.

Press means newspapers, magazines, reviews and other publications.
...
Other means of public information are printed, audio-visual and other forms of produced and distributed information for the public.

Law on Public Information of the Republic of Montenegro (Off.Gaz.RM 4/98)

Art.3:

Public information is being realized by public organs.

Public organ means press, radio and television organizations, information agencies and other public organs.

Press means newspapers, magazines, reviews and other periodical and non-periodical publications.
...
Other public organs are printed, audiovisual and other forms of information for the public, produced and distributed in the manner which is typical for public organs.

Law on Public Information of the Republic of Serbia (Off.Gaz.RS 36/98)

Art.42, para 2 and 3:

Competent public prosecutor shall propose to the court to decide on temporary prevention of distribution of the press and other means of public information if it determines the ground for bringing criminal charges for a felony which is prosecuted ex officio.

Decision on temporary prevention of distribution of press and other means of public information is taken by the competent court upon public prosecutor’s proposal within six hours of the receipt of the proposal.

Art. 43, para. 2:

Court gives order to the authority for internal affairs to temporarily seize and place into court deposit, or seal all the copies of the press or other means of public information.

Art.44, para.1:

Upon the competent public prosecutor’s proposal for the prevention of distribution of press and other means of public information (hereinafter: proposal), the court shall hold a hearing within three days of the receipt of the proposal.

Art.45, para.1:

If the court rejects the proposal or cancels the decision on temporary prevention of distribution of press or other means of public information, it shall order all the copies of press or other means of public information which have been seized or sealed to be given back to the owner or released within 12 hours.

Art.46:

If the court rejects the proposal, the damaged party is entitled to claim compensation for the damage suffered by the unjustified temporary prevention, in the civil suit before competent court.

Art.48, para.1 and 5:

Obligations for publishers

Law on publishing of the Republic of Serbia (Off.Gaz.RS 37/91; 53/93; 67/93; 48/94)

Art.5, para 1,2 and 3:

Publisher must have an editor for each publication.

In exception of para.1 of this Article, physical entity may be editor of his/ her own publications, unless he/ she authorizes other person to be editor.

Editor of the publication selects and proposes the work for publishing, gives or acquires a peer opinion on it, and is responsible for the edited publication.

Art.6, para.1:

On each publication the following must be designated: author’s name, names of other collaborators, title, or, if the publication is a translation, title in the language of origin, other data about the original and name of the translator, serial number of edition, name of editor, name and address of publisher and printer, place and year of printing and, if it is a new edition, place and year of printing of the first edition, number of copies printed, ISBN.........., on periodicals ISSN...............and sign © (Copyright) with the name of the holder of copyright and the year of first publishing.

Art.7:

International Standard Book Number (ISBN) is determined by the Yugoslav Bibliographical Institute.

Publisher is obligated to print on each book a catalogue notice CIP which is created by the National Library of Serbia according to international standards. Every alteration in the publication, subsequent to the to assignation of the catalogue notice, the publisher has to forward to the National Library of Serbia before printing.

For the purpose of creation of the catalogue notice the publisher must deliver the complete revised off-print to the National Library of Serbia. Catalogue notice shall be printed in graphically noticeable authentic form, separately from other data.

Law on Public Information of the Republic of Serbia (Off.Gaz.RS 36/98)

Art.26, para.2:

As soon as the printing is completed, printer or publisher of the printed matter is obliged to forward to competent public prosecutor, to competent authority and to National Library of Serbia three copies each.

Law on Publishing of the Republic of Montenegro (Off.Gaz.RM 20/95)

Art.8:

Publication can not be edited before the publisher … settles the matter of copyright on that publication with the holder of copyright, unless otherwise provided for by special regulation.

Art.9:

Publisher has to have editor for each publication.

The same person can be editor for more than one publication.

In exception of para.1 of this Article, if publisher is the author, publication does not require an editor.

Art.11, para.1:

Each publication must have a designation of name of author or his/ her pseudonym if used by the author, name of editor or translator if the work is a translation, names of reviewers if the publication was reviewed, name of illustrator if the publication is illustrated, name and address of publisher, name and address of printer, place and year of printing, number of copies printed, serial number of edition, international standard number, catalogue number and category.

Art.12, para.1:

Publishers.....shall be entered into a special register kept by the ministry of culture....

Art.28, para.1:

Legal entities and physical persons who print publications, text-books and other educational material (hereinafter: printer) shall provide free of charge and on their own expense obligatory copies of the publication, text-book and other educational material (hereinafter: obligatory copies) to:

• Central National Library “\ur|e Crnojevi}” in Cetinje ... 12 copies, and
• Yugoslav Bibliographical Institute ... one copy.

Art.33:

Printer and publisher ... are obliged to keep record of printed and published material and give quarterly report on it to the (National) Library.

Special Usages for the Distribution of Books (Off.Gaz.SFRY 19/84)

Art.18, para.4:

Maximal amount of distribution expenses which can be agreed upon with the sales organization is:

1. for text-books up to 25%,
2. for scientific and scholarly books and educational hand-books up to 35%,
3. for literary works and other editions up to 40%,
4. for all editions in subscription up to 20% of subscription price.

Copyright

Law on Authors Rights and Neighboring Rights (Off.Gaz.FRY 24/98)

Art.96:

Pecuniary rights of the author exist during the life-time of author and 50 years after his/ her death. Moral rights of the author continue to exist even after the term of pecuniary rights has expired.

Art.67, para 1 and 2:

By means of publishing agreement the author or other holder of copyright grants or transfers to the publisher the right of multiplication of the work by printing and the right of distribution of copies, and the publisher accepts the obligation to multiply the work and to put the copies in circulation, as well as to pay fee to the author or other holder of copyright.

If the work mentioned in para.1 of this Article has not been disclosed to the public yet, the agreement contains permission for public disclosure of the work.

Art.74, para.1:

Publisher who has acquired the right to publish a work in form of a book has for three years of the day of agreement a priority in acquiring the right of multiplication and putting into circulation the copies of the work in electronic form.

Taxes

Law on Fundamentals of the Tax System (Off.Gaz.FRY 30/96; 29/97; 59/98)

Art.31:

Tax rates for tax on sales of goods are proportional and amount to 9% (lower rate) and 20% (higher rate).

Art.32:

Lower tax rate applies to sales and import of:
...
books, brochures, magazines and publications of scholarly, scientific and educational character, excluding books, brochures, magazines and publications for which tax exemption is provided for.

Art.34:

Tax on sales of goods is not to be paid for:
....
text-books for elementary, secondary, higher and high education;

1. publications of special significance for science, art and culture; …
   See Art.17 and 18 of Law on Tax on Sales of the Republic of Montenegro (Off.Gaz.RM 4/94).

Import customs

Agreement on the Importation of Educational, Scientific and Cultural Materials (Off.Gaz.FNRJ 18/52)

Sec.1:

The Contracting States oblige themselves not to apply customs duty or other levy at, or connected to the importation of:

1. books, publications and documents listed in the Schedule A of this Agreement;
2. objects of educational, scientific or cultural nature listed in Schedules B, C, D and E of this Agreement, if these correspond to the conditions established in the Schedules and if these are products of another Contracting State.

Schedule A:

1. printed books; (II) newspapers and magazines;....................

The exemptions provided for in this Schedule A shall not apply to:
..........
books...which - essentially for the purpose of commercial publicity - are published by, or upon commission from a private commercial undertaking,
...........
(d) all other materials..........in which advertisements take more than 25% of the total size.

Law on Import Customs Tariffs (Off.Gaz.FRY 31/97; 18/98; 24/98; 53/99)

Sec.48:

tariff designation 4801.000000 - printing paper for newspapers in roles or sheets - 3%

tariff designation 4802.510000 - paper 40g/m2 - 15%

tariff designation 4802.520020 - woodless printing paper - 22%

Favours from government

Non-binding declarations to such end are dispersed in a number of federal and sub-federal regulations concerning matters of education, culture and science.

Non-profit allowances

Law on Corporate Profit Tax of the Republic of Serbia (Off.Gaz. RS 43/94; 53/95; 52/96; 54/96; 42/98)

Art.43: para.1, 2 and 4:

Exempted from paying corporate profit tax is ... a non-profit organization if its revenues exceed its expenditures for less than 75000 New Dinars in the tax year in which the right of exemption is to be approved.

Non-profit organization which realizes revenues that exceed expenditures for more than 75000 New Dinars in the tax year in which the right of exemption is to be approved, is exempted from paying corporate profit tax under the following conditions:

1. the amount of excess revenues ... is less than 300000 New Dinars;
2. non-profit organization does not distribute the excess revenues to its founders, members, directors, employees or persons related to them;
3. personal income of employees of the non-profit organization does not exceed the amount of doubled average income in the sector of activity which the organization belongs to;
4. non-profit organization does not assign its property to the benefit of its founders, members, directors, employees or persons related to them.
   ......................

There is no right to exemption from paying corporate profit tax for non-profit organizations which have monopolistic or dominant position on the market, in terms of the law which regulates the suppression of monopolistic or dominant position.

Textbook allowances

Law on Authors Rights and Neighboring Rights (Off.Gaz.FRY 24/98)

Art.48:

Multiplication and putting into circulation of the copies of the work or of excerpts of the work in form of collection which contains contributions of several authors, and which, according to its content, composition and designation on the cover, is intended for education, is allowed without the permission of the author, but with the duty of payment authors fee.

Law on Fundamentals of the Tax System (Off.Gaz.FRY 30/96; 29/97; 59/98)

Art.34:

Tax on sales of goods is not to be paid for:

... 12. text-books for elementary, secondary and higher education;

Law on Text-books and Other Educational Means of the Republic of Serbia (Off.Gaz.29/93)

Art.29, para.1:

Public corporation Institute for Text-books and Educational Means, having its seat in Belgrade, is being founded.

Art.30, para 3 and 4:

Institute prepares and publishes text-books and other educational means for the elementary and secondary education in the Republic of Serbia...

Financial means for publishing materials mentioned in para 3 of this Article shall be provided from the budget of the Republic of Serbia.

Public Institution for Text-Books and Educational Means of the Republic of Montenegro has been founded by the government Decree on the Foundation of the Public Institute for Text-Books and Educational Means of the Republic of Montenegro (Off.Gaz. 26/96).

Law on Publishing of the Republic of Montenegro (Off.Gaz.RM 20/95)

Art.3, para.1:

In terms of this law, text-book means a book which is basic educational instrument intended for use in elementary, secondary and special school ..., the content of which is regulated by curriculum.

Art.27:

Financial means for the preparation and publication of text-books and other educational materials shall be provided from the budget of the Republic of Montenegro.

CPD wishes to acknowledge the help of Mr. Slobodan Markovic.