Advocacy, Authors' Rights, FERA Statement, News
FERA supports Serbian film authors amid changes to copyright law
The Federation of European Screen Directors (FERA) is closely following the ongoing discussions in the Republic of Serbia aimed at amending the current legal framework on Copyright and Related Rights. As the European organisation representing the cultural, creative and economic interests of screen directors from across the continent, we wish to express our views regarding the following proposed changes:
The definition of film authorship proposed in Article 13
Across European copyright legislation, the authors of a cinematographic work are the director and the screenwriter. In some jurisdictions, authorship also extends to include the cinematographer. This approach is meant to reflect the long-standing legal and creative practice that has always prevailed within the European audiovisual sector.
FERA is therefore concerned about the Serbian government’s proposal to include editors as co-author of a film. Editors, like production designers, costume designers, makeup artists, or sound recording artists, are all – in legal theory and in practice – considered authors of contribution, which is very distinct from being a co-author. Such an inclusion, which appears only as an exception in the Croatian copyright law, is not a standard practice in the vast majority of European legal frameworks.
While film editing is undeniably a highly creative and very important contribution to the filmmaking process, the editor’s role is recognised as the one of an author of contribution. They work together with the director on completing the latter’s creative vision of the work, rather than being themselves co-author of the final cinematographic work. In this respect, editors are skilled creative workers and professionals who, like production designers (scenographers), composers, costume designers, or make-up artists, contribute to the film by collaborating with the director.
As a result, we consider that further expanding the list of co-authors of a film risks diluting the existing legal concept of authorship, thus creating legal uncertainty, to the detriment of all authors and creative professionals alike in the Serbian audiovisual copyright framework.
FERA stresses the importance of maintaining a clear and consistent definition of film authorship – limited to screen directors and screenwriters – to the benefit of the entire Serbian film ecosystem
Enshrining the principle of fair remuneration in Serbian law
FERA strongly emphasises that the right to fair remuneration is a fundamental principle of the European copyright legal framework and a key element in safeguarding the sustainability of creative professions, as well as of the entire audiovisual ecosystem. Authors must be able to receive fair and proportionate remuneration for the exploitation of their works across all types of use and distribution channels.
As such, FERA wishes to strongly support the amendments to the Serbian law on copyright and related rights proposed by the Serbian collective management organisation UFUS AFA Zaštita which clearly contribute to enshrining the right to fair remuneration of film authors in the country. Strengthening existing legal mechanisms will improve protections against copyright infringement practices; provide a clear, reliable, and trustworthy instrument for right-holders to claim compensation; and ultimately contribute to a thriving Serbian audiovisual sector, as well as aligning the country with existing EU standards in view of the current accession process.
FERA strongly encourages Serbian legislators to ensure that the future legal framework fully protects authors’ rights to fair remuneration and remains aligned with the principles established in European copyright legislation and practice.
FERA remains committed to supporting film authors in Serbia and stands ready to contribute constructively to discussions that strengthen their economic, cultural, creative, and legal position in the country while ensuring a balanced and workable legal framework for the sector.