LAW  
ON AMENDMENTS TO THE LAW ON COPYRIGHT AND RELATED RIGHTS  
(‘’Official Gazette of Montenegro’’, No. 145/21)  
 
Article  1 
In the Law on Copyright and Related R ights (“Official Gazette of MNE”. Nos. 37/11 and 53/16) 
in article 37 paragraphs 4 and 5, article 73 paragraph 2, article 146 paragraph 3 and article 167 
paragraph 2, the words: “ of copyright and related “ shall be deleted . 
 
Article 2 
In Chapter II , Section  D after article 47, a new Section  shall be added to read as follows : 
 
“Section  2. 
Free use “. 
 
Article 3 
In article 48 paragraph 1 in introductory sentence the words : “but against  “shall  b e re placed 
with the words: “ and without “. 
In item 2 words: “special needs”  shall be replaced with the words: “disability”.  
In item 3 words: “ of the special needs”  shall be replaced with the words: “re quired b y the 
specific disability“.  
 
Article 4 
In Chapter  II, Section  D after article 48 the following words shall be deleted :  
“Section  2. 
Free Use “. 
 
Article 5 
A new article shall be added after article 53 to read as fo llows : 
 
“Celebrations  
Article 53a 
It shall be permitted to use works during celebrations organized by the state authority or competent 
authority of the Capital City, Royal Capital or the local self -government unit or the local government 
authority on the o ccasion of holidays  determined by the law which prescribes state and other holidays, 
without acquiring the corresponding ownership right and without compensation , provided that the use 
of these works does not lead to any  direct or indirect economic advanta ge.  
Paragraph 1 of this Article does not apply to events that accompany or follow celebrations mentioned in 
paragraph 1  of this Article ." 
 
Article 6 In Article 69e paragraph the word “Ministry” shall be replaced with the words:”  state administration 
autho rity in charge of copyright and related rights affairs ((hereinafter: Ministry)”.  
 
Article 7  
In Article 69f paragraphs 1  and3 and Article 151 paragraphs 1 and 2 words: “ competent authority ” in 
different grammatical cases shall be replaced with the word “Mi nistry” in  a corresponding grammatical 
case.  
In Article 69f paragraph 4 words: “ competent authority ” shall be replaced with the word “Ministry”.  
Article 8 
A new paragraph shall be added in article 73 after paragraph 1 to read as follows : 
 “The rightholder,  in terms of collective management of copyright and re lated rights, shall 
mean a natural and legal person  or any other person, other than a collective management organisation, 
that holds a copyright or related right or who, under an agreement for the explo itation of rights or b y  
law, is entitled to a share of the rights revenue.”  
The current paragraph 2 shall become paragraph 3.  
 
Article 9 
A new article shall be added after article 145a  to read as follows : 
 
“Application  
Article 145b  
The provisions of this law governing the elements of the copyright work, the presumption of 
authorship, co -authors and authors of joined works, the content and limitations to moral rights, 
ownership and other rights of the author, content copyright limitations , the calculation o f copy right 
terms, the relationship between copyright and ownership right, rights in legal transactions, works of 
authorship  from employment relationship , records of protection  subject , protection of rights, relations 
with foreign elements and supervision,  shall also apply accordingly to th e rights of database 
producers. “ 
Article 10  
In article 146 paragraph 1 the words: „ individually or collectively” shall be re placed with the  words: 
“individually,  collectively or through organis ations referred to in Articl e 180l paragraph 1 of this Law”.  
Article 11 
In Chapter VI , Section A shall be amended to read as follows :  
 
“SECTION A 
COLLECTIVE MANAGEMENT ORGANISATIONS “.  
 
Article 12 
 
Article  147 shall be changed to read as follows :  
Collective management organisation shall mean any organisation which is authorised b y law 
or by way of assignment, licence or any other contractual arrangement to manage copyright or rights 
related to copyright on behalf of more than one rightholder, for the collective benefit of those 
righ tholders, as its sole or main purpose, and which  it is:  
 
a) owned or controlled by its members;  
b) organised on a not -for-profit basis;  
 
Member of collective management organisation shall mean a rightholder or an entity 
representing rightholders, including oth er collective management organisations and associations of 
rightholders, fulfilling the membership requirements of the collective management organisation and 
admitted by it.  
The authors and other holders of related rights shall establish a collective manag ement 
organisation by an agreement as non -profit organisation with the status of a legal entity . 
The collective management organisation must register in accordance with the provisions of the 
law governing the conduct of activities  following the obtaining o f the  authorization  re ferre d to in 
Article 150 paragraph 1 of this Law.  
The collective management organisation shall , on its own name and for the  account of its 
members, manage  copyright and other rights on their published copyright works or subject matter  of 
related rights (hereinafter: protection  matter ). 
The collective management organisation must act in the best interests of the right holders 
whose rights it represents and may not impose obligations that are not necessary for the protection of 
their righ ts and interests or for the effective management of those rights.  
The activity of c ollective management of copyright and related rights may only be exercised  on 
the basis of a n authorization  by the Ministry.  
 
Article 13 
Article 148 shall be changed to read  as follows:  
“The foundation act , statute , preliminary representation contract of me mbers, data on the 
number of authors , or rightholders who authorized the collective management organis ation  to manage 
right s on their works, or subject matter related right s, list of works or subject matter related rights that  
constitute the repertoire of the organization, proof of payment of the prescribed administrative fee and 
other evidence o n the fulfilment  of the conditions referred to in Article 149 of this Law  shall be 
enclosed to the request for issuing the authorization  for performing activity referred to in Article 147 
paragraph 7 of this Law . 
The Ministry  must issue a decision on the request of the legal person  within 30 days following 
the submission of the correc t request .” 
 
Article 14 In article 148a paragraphs 1 and 2, article 150 paragraphs 2 to  5, article 151 paragraphs 1 and 2, 
article 167 paragraphs 1 to 6 and article 169 paragraphs  1 and  2 before  the word “ organisation“  in 
different grammatical cases, the f ollowing word s shall be added : “collective management” in a 
corresponding grammatical case . 
 
Article 15 
In article 149 paragraph 1 item 1 shall be changed to read as follows :  
„1) holds a statute and other general acts pursuant to this  Law;”  
In item 2 the word “ which “shall  be deleted . 
Item 4 shall be changed to read as follows : 
4) employs  at minimum a person with completed VII1 education qualification level in the are a 
of law and at minimum a person with completed VII1  education qualification le vel in the are a of 
economics ;“ 
Item 6 shall be deleted . 
 
Article 16 
In Article 150 the name of the article shall be changed to read as follows : Authorization for the  
exercise of the activity”.  
In paragraph 1 the words: “paragraph 6“shall  be replaced with the words: “ paragraph 7“. 
 
Article 17 
Article 152 shall be deleted . 
 
Article 18 
Article 153 shall be changed to read as follows : 
“Against the  authorization  of the  Ministry  referred to in Article 147 paragraph 7 and the 
decision on the revocation of the authorization  referred to in Article 151 of this Law  an 
administrative dispute  may be initiated.  
The decision on the issuance and revocation of the authorization  shall b e published b y  the 
Ministry  in the “Official Gazette of Montenegro”.  
The establishment, registration, operation and termination of ope ration of the collective  
management organisation  shall be subject to the act governing non -governmental organizations, 
unless otherwise provided by this Law.”  
 
Article 19 
In Chapter  VI, Section B shall be changed to read as follows :  
 
“SECTION B 
RELATIONSHIP TOWARDS RIGHTHOLD ERS ” 
 
Article 20 Article 154 shall be amended to read as follows : 
 
“Rights of Rightholders  
Article 154 
Rightholder may authorise a collective management organisation to manage his rights, 
categories of ri ghts, types of works or other content of his choice, for the territories of his choice, for 
the territories of his choice . 
Rightholder may authorise a collective management organisation to manage his rights, 
categories of rights, types of works or other content of his choice, for the  territories of his choice, 
irrespective of the European Union member state of nationality, residence or establishment of e ither 
the rightholder or the collective management organisation  
Unless the collective management organisa tion has objectively justified re asons to re fuse 
management, it shall be obliged to manage rights, categories of rights or ty pe s of works and other 
content referred to in paragraph 1 of this article , provided that their management falls within the scope 
of its activity  
Unless the collective management organisation has objectively justified re asons to re fuse 
management, it shall be obliged to manage rights, categories of righ ts or ty pe s of works and other 
content  referred to in paragraph 2 of this article, p rovided that their management falls within the 
scope of its activity  
Rightholder may assign the authorization for non - commercial uses of rights, categories of 
rights or types of works and other content  that he may choose, and the collective management 
organisation must inform the rightholder whose rights is managing about the conditions under which 
the rightholder may assign the authorisation  for non -commercial use of his rights, categories of rights 
or types of works and other subject -matter the manageme n t of which has b een assigned to that 
organisation .  
Non -commercial  use referred to in paragraph 5 of this article shall me an the management not 
generating economic gain .  
The rightholder by authorizing the collective management organisation rights to manag e his 
rights, gives his consent specifically for each right or category  of rights or type of works or other 
content  for which he is issuing management authorization, and such authorization must be recorded in 
writing.  
The collective management organisation  must publish the information on the rights of the  
rightholders in accordance with paragraphs 1 to 7 of this article and article 154a of this Law on its 
website.  
The collective management organisation must inform the rightholders of the rights referred to 
in paragraphs 1 to 7 of this article and article 154a of this Law  in writing , as well as the conditions for 
managing the rights refe rred to in paragraph 5 of this a rticle,  prior to granting authorization for the  
management of those rights, categories of rights, types of works and other content .” 
 
Article 21 
Three new articles shall be added after article 154 to read as follows :  
“Termination of Authorization for the management  of rights  
Article 154a  
The rightholder may terminate the authoriz ation referred t o in a rticle 154 paragraph s 1 and 2 
of this Law for  the management of rights, category of rights, type  of works and other content  entrusted 
to the collective management organisation  in whole  or in respect of or any right, category or rights, 
type of work s or other content of their choice , after the termination period , which cannot  b e longer 
than six months.  
Notwi thstanding paragraph 1 of this article, the collective management organisation  may 
decide that the termination shall generate a legal effect from t he end of the financial year.  
If the right to claim certain amounts has incurred prior to the termination of rights referred to 
in paragraph 1 of this a rticle or within the authorization granted prior to the e ntry  into force of the  
termination of rights, t he right holder shall retain the rights to the collective management organis ation 
referred to in a rticles  162, 162a, 162b, 162c, 164, 166a, 175 and 180g of this Law.  
The collective management organisation  must not restrict the use of management of rights 
from paragraph s 1, 2 and 3 of this a rticle, by referring to the conditions  that the management of rights, 
catego ry of rights, type of works or other content subject of termination or withdrawal , contingent 
upon entrusting them  to another collective managemen t organization . 
 
Membership of collective management organisation  
Article 154b  
A collective management organisation must accept the rightholders and entities repre senting 
rightholders, including other collective management organisations and associations of  rightholders, as 
members if they fulfil the membership requirements, which shall be based on objective, transparent 
and non - discriminatory criteria   
A collective management organisation must  determine the membership requirements referred 
to in paragraph 1 of this article in the statute or other general act laying down membership terms and 
shall be made them publicly available on its website . 
In cases where a collective management organisation refuses to accept a request for 
membership, it shall provide th e rightholder with a clear explanation of the reasons for its decision.  
A collective management organisation shall allow its members to communicate with it b y 
electronic means, including for the purposes of exercising members’ rights.  
A collective manage ment organisation shall keep records of its members and shall re gularly 
update those records.  
 
Rights of rightholders who are not members of the collective management organisation  
Article 154c  
A collective management organisation must apply any rights ass igned to its members and 
apply them accordingly also to the rightholders who are not its members and which it represents under 
the law, by way of assignment of rights or contracts, other than the rights relating to the management 
and decision -making in a collective management organisation .“  
Article 22 
In article 155 item 3,  the words: “and other internal ” shall be deleted . 
 
Article 23 
Article 156 shall be deleted . 
 
Article 24 
Article  157 shall be changed to read as follows : 
 
”Bodies of Collective managemen t organisation  
Article 157
  
Bodies of collective management organisation  shall be : 
1) General assembly of members ; 
2) Managing board ; 
3) Executive director ; 
4) Supervisory board . “ 
 
Article 25 
Article 158 shall be changed to read as follows:  
 
“General assembly of mem bers of the collective management organisation  
Article 158 
General assembly of members shall be composed of members of the collective management 
organisation .  
General assembly of members shall be convened at least once a year .  
General assembly of members  shall in particular : 
1) Bring the statute and decide on the amendments to the  membership te rms of the  
collective management organisation where those terms are not regulated by the statute ;  
2) Decide on the appointment or dismissal of the members of the Managin g and 
Supervisory Boards and Executive Director , review their ge neral performance and 
approve their remuneration and other benefits such as monetary and non -monetary 
benefits, pension awards and entitlements, rights to other awards and rights to 
severance pay.  
3) Bring the  general acts on the distribution of amounts due to rightholders;  
4) Bring general acts on the use of non -distributable amounts;  
5) Bring general investment  acts with regard to rights revenue and to any income arising 
from the investment of right s revenue;  
6) Bring general acts on deductions from rights revenue and from any income arising from 
the investment of rights revenue  referred to in articles 161 and 162 ;  
7) Decide on the use of non -distributable amounts;  8) Bring general acts on the risk managem ent;  
9) Approves any acquisition, sale or hypothecation of immovable property;  
10) Approves mergers and alliances , the setting -up of subsidiaries, and the acquisition of 
other entities or shares or rights in other entities , acquisition of other entities or share s 
or rights in other entities;  
11) Approves taking out loans  by collective management organisation  or providing security 
for those loans;  
12) Decide on the appointing of auditor;  
13) Approves annual transparency  reports referred to in article 166c of this Law.   
 
Notwi thstanding paragraph,  item 2 of this article, the General assembly of me mbers may, if 
deemed justified, authorize the Supervisory board to decide on the appointment or dismissal of the 
members of the Managing board and of Executive director, the granting o f their fees and other 
incentives.  
Powers referred to in paragraph 3, items 8 to 11 of this article, and may  b e assigned to the 
Supervisory Board by the statute of the collective management organisation  or by a special decision of 
the General assembly of m embers.  
The General assembly of members must determine in details the conditions for the  use of 
rights revenue and other income arising from the investment of rights revenue .” 
 
Article  26 
Two  new  articles shall be added after article 158 to read as follows : 
 
“Voting right  
Article  158a  
 
All members of the collective management organisation  shall have the right to participate and 
vote in the General assembly of members.  
Notwithstanding paragraph 1 of this Article, if these criteria have been established and applied 
fairly and proportionally, the collective management organisation  may , in its statute or rule s of 
membership  which must be publicl y available in accordance with a rticles 166 and 166b of this Law, 
limit the right of members to participat e and the ri ght to vote at the G eneral assembly of members, on 
the basis of the following criteria:  
1) Duration  of membership  and/or; 
2) Amounts  received or due to a member . 
 
A member of collective management organisation  shall have the right to appoint  any  other 
pers on as a proxy -holder to participate in, and vote at the General assembly of members on his behalf, 
provided that such appointment does not result in a conflict of interest between a member of the  of 
collective management organisation  and the proxy -holder . The proxy must be certified in accordance with the law and it shall be valid only for the 
General assembly of members.  
The proxy -holder shall have the same rights a t the G e ne ral assembly of me mbers as the 
member who appointed him and shall be obliged to vo te in accordance with the instructions he 
received from the member who authorized him.  
 
Assembly of delegates  
Article  158b  
The powers of the General assembly of members may be exercised by an Assembly of delegates 
of the collective management organisation . 
Delegates referred to in paragraph 1 of this article shall be appointed by the General assembly  
of members , at minimum once in four years, provided that : 
1) Appropriate  and effective participation of members in the collective management 
organisation’s dec ision -making process is ensured; and  
2) The representation of the different categories of members in the assembly of de legates is 
fair and balanced.  
Provisions of articles 158 and  158a of this Law shall also apply to the Assembly of delegates . “ 
 
Article  27 
Article 159 shall be amended to read as follows : 
 
“Supervisory function  
Article 159 
The Supervisory Board shall perform  the supervisory function by monitoring the activities and 
tasks of the persons managing the operation of the collective management or ganisation . 
The various categories of members of the collective management organisation  must be fair and 
balanced in the Supervisory board.  
Each member of the Supervisory board shall be obliged to submit to the General assembly of 
members an annual stateme nt of conflict of interest containing the information referred to in article 
159a paragraph 5 of this Law.  
The Supervisory Board shall be obliged to meet as necessary , but at least once a month . 
In performing activities and duties, the Supervisory Board mu st in particular:  
1) exercise the powers delegated to it by the General assembly of members, in accordance with 
this Law ;  
2) Monitor  the activities and the performance of the duties of the persons managing the business  
of the collective management organisation , including the implementation of the decisions of 
the General assembly of members and general acts referred to in Article 158 paragraph 3 items 
3 to 6 of this Law.  The Supervisory board must submit its annual report and identified deficiencies in the work  of 
persons managing the business of the collective management organisation  to the G eneral assembly of 
members at least once a year.  
Article 28 
A new article shall be added after article 159 to read as follows : 
 
“Obligations of the persons who manage the b usiness of the collective management 
organisation  
Article 159a  
Persons who manage the business of collective management organization of rights shall b e 
obliged to do so in a conscious  manner and with the care of a prudent manager and professional, in 
accor dance with the law governing accounting.  
Persons referred to in paragraph 1 of this Article shall be obliged to perform the b usiness of 
collective management organisation in a manner to avoid subordinating the interest of the 
organisation to a private inte rest, and that they do not cause conflict of interest in the performance of 
their duties and tasks.  
The organization for the collective exercise of rights shall be obliged to introduce and apply 
procedures in the business to avoid conflict of interes t. 
If the conflict of interest referred to in paragraph 3 of this article may not b e avoided, the 
organization for the collective management of rights shall be obliged to identify, manage, monitor and 
disclose actual or potential conflicts of interest in such wa s as to prevent them from adversely affecting 
the collective interests of the rightholders whom the collective manag ement organisation is 
representing.  
A person managing the business of the collective management organization of rights shall b e 
obliged to s ubmit one a year to the General assembly of m embers , the declaration  on: 
 
1) any benefit in the collective management organization of rights;  
2) fees and other incentives realized in the previous financial year from the collective 
management organization of righ ts, including other incentives such as monetary and non -
monetary ones , allocations in pension funds, right to other bonuses and severance pay;  
3) monetary amounts recei ved as a  rightholder in the previous financial year from the collective 
management organi sation;  
4) Actual  or potential conflicts of interest between the interests of collective management 
organisation  and personal interests or between any obligations owed to the collective 
management organisation  and any duty owed to any natural  or legal person .” 
 
Article 29 
Article  160 shall be changed to read as follows : 
 
”Statute  Article 160 
The Statute shall mean an act including the core of organisation and functioning of the 
collective management organisation.  
The Statute of the collective management organisa tion shall regulate in particular:  
 
1) name and registered seat of the collective management organization of rights;  
2) activity pursued by the collective management organisation;  
3) types and protected matter  of rights that are collectively managed ; 
4) more detailed powers of the authority of the collective management organisation ; 
5) the basis of the internal organization  and the manner of work of the Managing and 
Supervisory boards , the quorum necessary for decision making, as well as the duration of the  
term of office  the members of the Managing and Supervisory board;  
6) conditions for the appointment and powers of the Executive d irector and the duration of his 
term of office;  
7) obligations of members in delivering data on collective protected matter , as well as data 
necess ary for payment of fees;  
8) method and content of informing mem bers about the sessions of the G e neral assembly of 
members, the manner of voting an d the number of votes re quired for de ciding on ce rtain 
issues;  
9) basic criteria for determining the costs of conduc ting the business of the collective 
management organisation ; and 
10) Other  issues in accordance with this Law and the law regulating non -governmental 
organizations.  
 
The Statute of the collective management organisation  shall be adopted by the General 
assembly  of members by two -thirds of votes of all members.  
 
The Statute of the  collective management organisation  shall b e published in the  “Official 
Gazette of Montenegro “following  the issuance of the authorization  referred to in Article 150 of this 
Law.  
 
Artic le 30 
Article 161 shall be changed to read as follows:  
 
”Collection and use of rights revenue  
Article 161 
Collective management organisations must collect and manage rights revenues with the care of 
a prudent manager . 
Rights revenues referred to in paragra ph 1 of this article shall be the revenue from the 
exclusive right or right to compensation collected by a collective management organisation for the 
account of the rightholders.  The organization for the collective exercise of rights shall be obliged to ke ep separate in its 
business books : 
1) rights revenue and any income arising from the investment of rights revenue; and  
2) Any  own assets it may have and income arising from such assets, from management fe es or 
from other activities.  
A collective management orga nisation shall use rights revenue or any income arising from the 
investment of rights revenue only for purposes of distribution to rightholders, except where the use of 
rights revenues or income arising from the investment  of rights revenues, or to de duct or offse t its 
management fees in compliance with a general act referred to in article 158 paragraph 3 ite ms 3 to 11 
of this Law.  
Where a collective management organisation invests rights revenue or income arising from the 
investment of rights revenue, it shall do so in the best interests of the rightholders whose rights it 
represents, in accordance with the general investment and risk management acts referred to in article 
158 paragraph 3 items 5 and 8 of this Law.  
When investing revenues referred to in pa ragraph 5 of this Law, a collective  management 
organisation must:  
1) ensure that the investment is made in the sole interest of rightholders, where there is any  
potential conflict of interest ; 
2) invest assets in order to ensure the security, quality ,liquidity  and profitability of the portfolio 
as a whole ;  
3) Properly  diversify assets in order to avoid excessive re liance on any particular asse t and 
accumulations of risks in the portfolio as a whole . “ 
 
Article 31 
Article 162 shall be changed to read as follows:  
 
”Deductions  
Article 162 
The collective management organisation must provide the rightholder with information on 
management fees and other deductions from the rights revenue and from any income arising from the 
investment of rights revenue, before obtaining  his consent to its managing his rights . 
The fee referred to in paragraph 1 shall represent the amount which the collective management 
organisation is collecting, deducting or offsetting  from the right revenue  or any income arising from 
investment of right s revenue , for the purpose of covering the costs of managing copy right  and re lated 
rights . 
Management fees shall not exceed the real and justified costs incurre d b y the collective 
management organisation in managing copyright and related rights.  
The deduct ions referred to in paragraph 1 of this article must be appropriate to the se rvices 
provided by the collective management organisation to the rightholders, including, where appropriate, 
the services referred to in paragraph 6 of this article, being determi ned on the basis of objective criteria 
in accordance with article 158 paragraph 3 item 6 of this Law.  The requirements applicable to the use and the transparency of the use of amounts de ducted 
or offset in respect of management fees apply to any other dedu ctions made in order to cover the costs 
of managing copyright and related rights.  
Where a collective management organisation provides social, cultural or educational services 
(monetary social benefit, scholarships , strengthening the development of minority  communities, e tc.) 
funded through deductions from rights revenue or from any income arising from the investment of 
rights revenue, such services shall be provided on the basis of fair criteria, in particular as re gards 
access to, and the extent of, those service s.” 
 
Article 32 
New three articles shall be added after article 162 to read as follows : 
 
“Distribution of amounts due to rightholders  
Article 162a  
 The collective management organisation must regularly and accurately distribute and pay 
amounts due to rightholders, in accordance with the general acts on distribution referred to in article  
158 paragraph 3 item 3 of this Law . 
 General distribution  acts referred to in article 158 paragraph 3 item 3 of this Law shall include 
in particular : 
1) Protected matt er and rightholders to which the general rules on the allocation of amounts 
pertaining to the rightholders relate;  
2) Determining the share of the individual rightholder in the collected rights revenues;  
3) Determining the amount for the payment after the deduct ion of costs referred to in article 162 
of this Law . 
The collective management organisation or their members who are representing rightholders 
must distribute and pay amounts to rightholders as soon as possible but no later than nine months 
from the end of  the financial year in which the rights revenue was collected, unless objective re asons 
relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works and other content  with rightholders prevent the  collective management 
organisation or, where applicable, its members from meeting that deadline.  
Where the amounts due to rightholders cannot be distributed within the deadline re ferred to 
in paragraph 3 of this article because the relevant rightholders c annot be identified or located and the 
exception to that deadline does not apply, those amounts shall be kept separate in the accounts of the  
collective management organisation.  
 
Identifying and locating the rightholders  
Article 162b  
The collective managem ent organisation must take all necessary measures , for the purpose to 
identify and locate the rightholders .  
In particular, at the latest three months after the expiry of the deadline referre d to in article 
162a paragraph 3 of this Law, the collective mana gement organisation shall make available information on works and other content  for which one or more rightholders have not been identified 
or located to:  
1) the rightholders that it represents or the entities representing rightholders, where  such 
entities a re members of the collective management organisation; and  
2) All collective management organisations with which it has concluded re presentation 
agreements.  
The information referred to in paragraph 2 of this article shall include, where possible:  
  
1) The title o f the work or other content ;  
2) The name of the rightholder;  
3) The name of the relevant publisher or producer; and  
4) Any  other relevant information available which could assist in identifying the 
rightholder.  
 
The col lective management organisation must, in a ddition to undertaking measures re ferre d 
to in paragraphs 1 and 2 of this article, also ver ify the records referred to in a rticle 154b paragraph 5 of 
this Law and other available records.  
If the measures referred to in paragraphs 1 to 4 of this article fail to produce results, the 
collective management organisation shall make that information available to the public at the latest 
one year after the expiry of the three -month period  referred to in paragraph 2 of this article . 
 
Non -distributable amounts  
Articl e 162c  
Where the amounts due to rightholders cannot be distributed after three years from the end of 
the financial year in which the collection of the rights revenue occurred, and provided that the 
collective management organisation has taken all necessary  measures to identify and locate the 
rightholders referred to in article 162b paragraph 1 of this Law, those amounts shall be deemed non -
distributable.   
The general assembly of members of a collective management organisation shall decide on the 
use of the non- distributable amounts in accordance with article 158 paragraph 3 item 4 of this Law.  
The decision referred to paragraph 2 of this Article, shall be without prejudice to the right of 
rightholders to claim such amounts from the collective management org anisation in accordance with 
the laws governing the statute of limitations of claims. ”  
 
Article  33 
In article 163 paragraph  1 in the introductory sentence, the word “revenues ” shall be changed 
with the following wording: “Unless different groups of intere sted rightholders ag reed differently, the 
revenues ”. 
 
Article 34 
Article 164 shall be changed to read as follows:   
“Information provided to rightholders on the management of their rights  
Article 164 
A collective management organisation must make available,  not less than once a year, to e ach 
rightholder to whom it has attributed rights revenue or made payments in the  period to which the 
information relates, at least the following information:  
 
1) contact details which the rightholder has authorised the collecti ve management 
organisation to use in order to identify and locate the rightholder;  
2) the rights revenue attributed to the rightholder;  
3) the amounts paid by the collective management organisation to the rightholder pe r 
category of rights managed and per type  of use;  
4) the period during which the use took place for which amounts were attributed and paid to 
the rightholder, unless objective reasons relating to reporting by users prevent the 
collective management organisation from providing this information;  
5) deductions made in respect of management fees;  
6) deductions made for any purpose other than in respect of management fe es, including 
deductions for the provision of social, cultural or educational services;  
7) Any  rights revenue attributed to the rightholder whi ch is outstanding.  
Where the collective management organisation attributes rights revenue and has as members 
entities which are responsible for the distribution of rights revenue to rightholders, it shall be ob liged 
to provide the information referred to in paragraph 1 of this article to those entities, provided that they 
do not have that information in their possession.  
The entities referred to in paragraph 2 of this article must make available the information 
referred to in paragraph 1 of this article, not less than once a year, to each rightholder to whom they 
have attributed rights revenue or made payments in the period to which the information relates.  
 
Article 35 
A new article shall be added after article 164 to read as follows : 
 
“Rights managed unde r representation agreements  
Article 164a  
Representation agreement, under this Law, shall mean agreement between collective 
management organisations whereby one collective management organisation mandates another 
collective management organisation to manage  the rights it re presents, including an agreement 
concluded under articles 180h and  180i of this Law . 
A collective management organisation must not discriminate or proceed differently against 
rightholders whose rights it manages under a representation agre ement in comparison to other 
rightholders, in particular with respect to tariffs, management fees, as well as the conditions for the  
collection of the rights revenue and distribution of amounts due to rightholders.  A collective management organisation may not make deductions, other than in re spect of 
management fees, from the rights revenue derived from the rights it manages on the basis of a 
representation agreement, or from any income arising from the investment of that rights re venue, 
unless the other co llective management organisation that is party to the re presentation agreement 
expressly consents to such deductions.  
A collective management organisation must regularly , diligently  and accurately distribute and 
pay amounts due to other collective manageme nt organisations re fe rred to in paragraph 3 of this 
article.  
A collective management organisation must carry out distribution to the organisations 
referred to in paragraph 3 of this article and make payment as soon as possible but no later than nine 
months  from the end of the financial year in which the rights revenue was collected, unless objective 
reasons relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works and other content  with righthol ders prevent the collective management 
organisation from meeting that deadline.  
A collective management organisation  or its members , if its members are  entities representing 
rightholders, those members, shall distribute and pay the amounts due to righthold ers as soon as 
possible but no later than six months from receipt of those amounts, unless objective reasons relating 
in particular to reporting by users, identification of rights, rightholders or matching of information on 
works and other content  with rig htholders prevent the collective management organisation or, where 
applicable, its members from meeting that deadline .“ 
 
Article 36 
In Chapter VI, Section C shall be amended to read as follows : 
 
“SECTION C  
RELATION WITH USERS, TRANSPARENCY AND REPORTING “ . 
 
Article 37 
Article  165 shall be changed to read as follows : 
 
“Licensing  
Article 165 
Collective management organisations and users conduct negotiations for the licensing of rights 
in good faith.  
User shall mean a ny person or entity that is carrying out ac ts subject to the authorisation of 
rightholders, remuneration of rightholders or payment of compensation to rightholders and is not 
acting  in the capacity of a consumer.  
Prior to the use of the protection matter, the user must submit a  license request  for the  use a 
certain type of protected matter to the competent organization for the collective management of rights.  
Collective management organization and users shall provide, in conduct of ne gotiations, all 
necessary information for the licensing.  The condi tions for licensing shall be regulated by the statute of the  collective management 
organization of rights and must be objective and non -discriminatory.  
When licensing rights, collective management organisations shall not be required to use, as a 
precedent for other online services, licensing terms agreed with a user where the user is providing a 
new type of online service which has been available to the public in Montenegro for le ss than three 
years.  
When licensing rights, collective management organisatio ns shall not be required to use, as a 
precedent for other online services, licensing terms agreed with a user where the user is providing a 
new type of online service which has been available to the public in the European  Union for le ss than 
three years.  
The user must not use the protected matter without the license . 
Where the collective management organization does not issue a license, the claimed right shall 
be deemed to have been assigned if the user pays the collective management organisation or deposi ted 
with a notary public or court in favour  of the collective management organisation  in the amount of the 
fee for the use of the protected matter determined by the tariff.  
Rightholders shall be entitled to compensation for the use of their rights proporti onate to their 
use.  
 
Article 38 
Two new articles shall be added after article 165 to read as follows : 
 
“Obligations of  collective management organisation  in the licensing procedure  
Article 165a  
“Collective management organisations shall reply without undue  delay to licensing re quests 
from users  for the use of protected matter , indicating  the information needed in order for the collective 
management organisation to offer a licence.  
Upon receipt of all relevant information, the collective management organisa tion must, 
without undue delay, either offer a licence or provide the user with a reasoned statement e xplaining 
why it does not intend to license a particular service.  
The license shall include in particular: type of rights covered by the license, conditio ns of use 
in relation to the method , territory, time of use, as well as the amount of the fee, if the right to use is 
fee tied.  
A collective management organisation E shall be obliged to enable users to communicate with 
it electronically, if applicable, fo r the purpose of reporting on the use of the license.  
 
Invoicing  
Article 165b 
A collective management organisation must issue to the user an invoice containing in 
particular the data  on: 
1) The amount of the fee to be paid;  2) The basis for calculation of the fee in accordance with the tariff or, if the tariff has not b een 
adopted, the agreement concluded with the user . “ 
 
Article 39 
Article 166 shall be changed to read as follows : 
 
“Information provided to other collective management organisations on the 
management of rights under representation agreements  
Article 166 
A collective management organisation makes at least the following information available, not 
less than once a year and by electronic means, to collective management organisations on whose beha lf 
it manages rights under a representation agreement, for the period to which the information relates:  
 
1) the rights revenue attributed, the amounts paid by the collective management organisation per 
category of rights managed, and per type of use, for the rights it manages under the 
representation agreement, and any rights revenue attributed which is outstanding for any  
period;  
2) deductions made in respect of management fees;  
3) deductions made for any purpose other than in respect of management fees as re ferr ed to in 
article 164a paragraphs 3 to 6 of this Law;  
4) information on any licences granted or refused with regard to works and other content  covered 
by the representation agreement;  
5) Resolutions  adopted by the General assembly of members in so far as those re solutions are 
relevant to the management of the rights under the representation agreement.”  
 
Article 40 
New five articles shall be added after article 166 to read as follows : 
 
“Information provided to rightholders, other collective management organisatio ns and 
users on request  
Article 166a  
A collective management organisation makes , in response to a duly justified request,  at le ast 
the following information available by electronic means and without undue  delay to any collective 
management organisation on  whose behalf it manages rights under a representation agreement or to 
any rightholder or to any user:  
1) the works or other contents it represents, the rights it manages, directly or under 
representation agreements, and the territories covered; or  
2) Where , due to the scope of activity of the collective management organisation, such works or 
other contents  cannot be determined, the types of works or of other contents  it represents, the 
rights it manages and the territories covered.   
Disclosure of information to the public  
Article 166b  
A collective management organisation must publish on its website and ke ep up to date the 
information, within seven days from the date of change occurrence, in particular:  
 
1) its statute;  
2) its membership terms and the terms of term ination of authorisation to manage rights, if 
these are not included in the statute;  
3) standard licensing contracts and standard applicable tariffs, including discounts;  
4) the list of the persons referre d to in articles  159 and 159a of this Law ;  
5)  its genera l act on distribution of amounts due to rightholders;  
6) its general pact  on management fees;  
7) its general act on deductions, other than in respect of management fees, from rights 
revenue and from any income arising from the investment of rights re venue, inc luding 
deductions for the purposes of social, cultural and educational services;  
8) a list of the representation agreements it has entered into, and the names of the collective 
management organisations with which those representation agreements have been 
concluded;  
9) the general act on the use of non -distributable amounts;  
10) The complaint handling and dispute resolution procedure s available in accordance with 
articles 175, 176 and 176a of this Law.  
 
Annual transparency report  
Article 166c  
A collective manageme nt organisation must draw up and make public on its website an annual 
transparency report for each financial year no later than eight months following the end of the 
financial year.  
Report referred to in paragraph 1 of this article must remain available to the public on that 
website for at least five years .  
Report referred to in paragraph 1 of this article shall include in particular : 
 
1) financial statements comprising a balance -sheet or a statement of assets and liabilities, an 
income and expenditure accou nt for the financial year and a cash -flow statement;  
2) a report on the activities in the financial year;  
3) information on refusals to grant a licence pursuant to article 165a paragraph 2 of this 
Law;  
4) a description of the organisational and governance struct ure of the collective management 
organisation;  
5) information on any entities directly or indirectly owned or controlled, wholly or in part, 
by the collective management organisation;  6) information on the total amount of remuneration paid to the persons refer red in article 
159 paragraph 3 and article 159a of this Law, in the previous year, and on other b enefits 
granted to them;  
7) the financial information referred to article 166d of this Law;  
8) A special report on the use of any amounts deducted for the purposes  of social, cultural 
and educational services, containing the information referred to in article 166e of this 
Law.  
The accounting information included in the annual transparency report must  b e audited b y 
one or more persons empowered by law to audit accoun ts in accordance with  the law governing 
auditing.   
The audit report, including any qualifications and conclusions , if any,  shall be re produced in 
full in the report  referred to in paragraph 1 of this article .  
The a ccounting information referred to in para graphs  4 of this article, shall comprise the 
financial statements referred to paragraph  3 item 1 of this article and the financial information 
referred to in  paragraph 3 items 7 and 8 of this article and article 166d of this Law . 
 
Financial information to be provided in the annual transparency report  
Article 166d  
The annual transparency report shall include :  
 
1) Financial  information on rights revenue, per category of rights managed and per ty pe of use  (e.g. 
broadcasting, online, public performance), inclu ding information on the income arising from the 
investment of rights revenue and the use of such income (whether it is distributed to rightholders or 
other collective management organisations, or otherwise used);  
 
2) Financial  information on the cost of r ights management and other services provided by the 
collective management organisation to rightholders, with a comprehensive description of at le ast the 
following items:  
a) all operating and financial costs, with a breakdown per category of rights managed and , 
where costs are indirect and cannot be attributed to one or more categories of rights, an 
explanation of the method used to allocate such indirect costs;  
b) operating and financial costs, with a breakdown per category of rights managed and, where 
costs are  indirect and cannot be attributed to one or more categories of rights, an 
explanation of the method used to allocate such indirect costs, only with re gard to the 
management of rights, including management fees deducted from or offset against rights 
revenu e or any income arising from the investment of rig hts revenue in accordance with 
article 161 paragraph 3 and article 162 paragraphs 1, 3, 4 and 5 of this Law ;  
c) operating and financial costs with regard to services other than the management of rights, 
but i ncluding social, cultural and educational services;  
d) resources used to cover costs;  e) deductions made from rights revenues, with a breakdown per category of rights managed 
and per type of use and the purpose of the deduction, such as costs relating to the 
management of rights or to social, cultural or educational services;  
f) the percentages that the cost of the rights management and other services provided b y the 
collective management organisation to rightholders represents compared to the rights 
revenue in t he relevant financial year, per category of rights managed, and, where costs are  
indirect and cannot be attributed to one or more categories of rights, an explanation of the  
method used to allocate such indirect costs;  
 
3) Financial  information on amounts  due to rightholders, with a comprehensive description of at least 
the following items :  
a) the total amount attributed to rightholders, with a breakdown per category of rights 
managed and type of use;  
b) the total amount paid to rightholders, with a breakdown per category of rights managed 
and type of use;  
c) the frequency of payments, with a breakdown per category of rights managed and per ty pe 
of use;  
d) the total amount collected but not yet attributed to rightholders, with a b reakdown per 
category of rights mana ged and type of use, and indicating the financial year in which those 
amounts were collected;  
e) the total amount attributed to but not yet distributed to rightholders, with a breakdown per 
category of rights managed and type of use, and indicating the finan cial year in which those 
amounts were collected;  
f) where a collective management organisation has not carried out the distribution and 
payments within the deadline referred to in article 162a paragraph 3 of this Law, the 
reasons for the delay;  
g) the total no n-distributable amounts, along with an explanation of the use to which those 
amounts have been put;  
 
4) Information  on relationships with other collective management organisations, with a description of 
at least the following items :  
a) amounts received from  other collective management organisations and amounts paid to 
other collective management organisations, with a breakdown per category of rights, per type 
of use and per organisation;  
b) management fees and other deductions from the rights re venue due to ot her collective 
management organisations, with a breakdown per category of rights, per type of use and per 
organisation;  
c) management fees and other deductions from the amounts paid by other collective 
management organisations, with a breakdown per category of rights and per organisation;  d) amounts distributed directly to rightholders originating from other collective management 
organisations, with a breakdown per category of rights and per organisation.  
 
Special report on the use of amounts deducted for the p urpose of social, cultural and 
educational services  
Article 166e  
A special report on the use of the amounts deducted for the purposes of social, cultural and 
educational services shall contain at least the following data and information : 
1) the amounts deduct ed for the purposes of social, cultural and e ducational se rvice s in the 
financial year, with a breakdown per type of purpose and, for each type of purpose, with a 
breakdown per category of rights managed and per type of use;  
2) an explanation of the use of t hose amounts, with a breakdown per type of purpose including 
the costs of managing amounts deducted to fund social, cultural and educational services and 
of the separate amounts used for social, cultural and educational services.”  
 
Article 41 
Article  168 shall be amended to read as follows : 
 
A user must provide a collective management organisation, within an agreed or pre -
established deadline and in an agreed or pre -established format, with such re levant information at 
their disposal on the use of the right s represented by the collective management organisation as is 
necessary for the collection of rights revenue and for the distribution and payment of amounts due to 
rightholders.  
When deciding on the format for the provision of such information, collective  management 
organisations and users shall take into account, as far as possible, voluntary industry standards.  
A user must provide for an insight  to the authorized person of the collective management 
organis ation into the documentation and data relevant fo r calculation of the fee that is paid according 
to the tariff.  
A legal or natural person  who enables the use of pre mises over which he  has the right of 
ownership,  possession or use to another legal  or natural person  and who knows or must know that 
protecte d matters shall be used in these premises,  must determine  whether that other legal  or natural 
person has obtain ed the license referred to in article 165 of this Law , and if de termine s that such 
license has not been obtained , to prohibit to such person  the use of premises for the purpose  of using 
of protected matters .” 
 
Article 42 
In article 170 paragraph 1 after  the word s: “towards the “ the following word s shall b e added : 
“collective management” . 
In paragraph 2 after  the word s: “towards the “ the following w ords shall be added : “collective 
management” .  
Article 43 
A new article shall be added after article 170 to read as follows : 
 
“Personal data protection  
Article 170a  
The use and processing of personal data obtained in the implementation of the  provisions 
referred to in articles 147 to 180k of this Law shall be conducted in accordance with the law governing 
the protection of personal data.”  
 
Article 44 
Article 171 shall be amended to read as follows:  
 
“The tariff shall determine the equitable  amount of remune ration  for single forms of use  of 
protected matter.  
The tariffs for exclusive rights and rights to remuneration must be appropriate, in particular in 
relation to the economic value of the use of trade rights, taking into account the type and scope of use 
of works and other contents , as well as the economic value of the service provide d b y the  collective 
management organisation.  
Collective management organizations must inform the user about the criteria used for 
determining specific tariff  amounts.  
The tarif f referred to in paragraph 1 of this article shall be determined:  
1) As a percentage of gross revenue which the user generates from an activity,  which is 
contingent  upon the use of  protected matter (concert producers , danc ing school , disco s, etc. ); 
2) as a  percentage of the gross revenue which the user generates from an activity, which is 
contingent upon the use of  protected matter, whereby it cannot be established which share of revenue 
derives from the use of protected matter (e.g. broadcasts of broadcast ing organizations, cable 
retransmissions etc.);  
3) As a percentage of costs for the use of protected matter, if the user does not generate  
income ; 
4) In proportion to the revenue generated by the use of protected matter, if the re venue is 
generated from t he use of protected and unprotected  matters;  
5) as a lump sum  per number of use s of protected matter, if the use of protected matter is not 
indispensable for the conduct of the activity of the user, or where the revenue or costs for the  use of 
protected ma tter cannot be exactly established and/or where the e stablishment of this re venue 
requires unproportionate costs.  
For determining the tariffs referred to in paragraph 1 of this article, the following criteria shall 
be taken into account:  
1) The duration an d number of use s of protected matter;  
2) The number of potential end -users in a given territory and within a given time  period ; 
3) The purpose of use (commercial or non-commercial);  4) The status of the users (youth or student associations , organizations o f pe rsons with a 
disability , non -professional organizations, minorities , etc. ). 
The g ross revenue of the user referred to in paragraph 4 ite ms 1 and 2 of this article shall 
include his total revenue generated through the conduct of his activity, less the v alue added tax.”  
 
Article 45 
Article 172 shall be amended to read as follows:  
 
“The collective management organisation must negotiate tariffs  with a representative 
association of users (hereinafter: user association), and where a consensus  is reached, conc lude the 
tariff  agreement (hereinafter: common agreement).  
The representative user association referred to in paragraph 1 of this article shall be considered 
an association representing the majority of users conducting an activity that makes use of protect ed 
matter on the territory of Montenegro or an association granted the status of re presentativeness b y 
virtue of other regulations.  
A common agreement may also be concluded directly between the collective management 
organisation and an individual user of p rotected matter, where that particular user is the only in 
Montenegro to perform the activity that makes use of protected matter.  
A common agreement shall include in particular: criterion/criteria for determining the tariff  
referred  to in article 171 of t his law, data or facts in support of the  re presentativeness of the  user 
association, the method for the calculation and the amount of the remuneration due, the procedures 
and terms of reporting on the use of protected matter, the conditions for an increase  or decrease of the 
remuneration set in the tariffs, and the term for and form of payment of the remuneration  
The collective management organisation shall publish the common agreement re fe rred to in 
paragraphs 1 to 4 of this article and article 173 of this  Law, in the “Official Gazette of Montenegro”, 
after the Ministry  approves the common agreement .  
The common agreement shall enter into force on the eighth day following its publication.  
The common agreement concluded for a category of use shall apply to all users of that category 
using protected matter, regardless of whether they are members of the user association.  
The users referred to in paragraph 7 of this article must conclude individual agreements with 
the collective management organisation in acco rdance with the common agreement.  
 
Article 46 
Article 173 shall be amended to read as follows:  
 
“The collective management organisation shall initiat e the procedure for the conclusion of a 
common agreement by publishing an invitation in at least one daily distributed across the territory of 
Montenegro, to user associations, individual users and business associations to start ne gotiations 
within deadline that may not exceed 30 days from the day of publishing an invitation . 
The collective management organisat ion must draw up and publish, in addition to an 
invitation referred to in paragraphs 1 of this article, on its website, the draft of the common agreement with the explanation and shall deliver it in writing to the entities referred to in paragraph 1 of thi s 
article .  
The collective management organisation must submit a concluded common agreement to the 
Ministry  for approval within five days from the date of its conclusion.  
The Ministry shall approve the common agreement referred to in paragraph 3 of this ar ticle if 
it determines that it fulfils the conditions prescribed by this Law.”  
 
Article 47 
In article 174 paragraph 1, the wording: “within six months of the delivery of the draft common 
agreement to individual users and user associations “ shall be replace d with the wording: “ 90 days from 
the day of publishing an invitation referred to in article 173 paragraph 1 of this Law “, and the words: 
“competent authority”  shall be replaced with the word ”Ministry”.  
In paragraph 2 the words: “Competent authority”  shall be replaced with the word ”Ministry” , 
and before  the word “ organisations “the  following words shall be added: “collective management “. 
In paragraph 3 the words: “Competent authority”  shall be replaced with the word ”Ministry”, 
and before  the word “organ isations “the following words shall be added: “ collective management “. 
In paragraphs  4 and 8, before  the word “ organisation “the  following words shall b e added: 
“collective management “. 
In paragraph 5 the words: “Competent authority”  shall be replaced with  the word ”Ministry”.  
In paragraphs 10, the words: “paragraph  6“ shall be replaced with the words: “paragraph  9“. 
In paragraph 11, the wording: “until the final decision in a collective dispute on the tariff has 
been rendered “shall  be replaced with the wo rding: “reaching an agreement through the mediation 
procedure in accordance with article 176 of this Law “. 
 
Article 48 
A new article shall be added after article 174 to read as follows : 
 
“Changes in Tariffs   
Article 174a  
If the tariff determined in accord ance with articles 172 and 173 of this Law has been applied for 
at least one year, the user association and the collective management organisation may  initiate the 
setting of a new agreement tariff through the Ministry , which may request the collective man agement 
organisation to prepare the draft agreement tariff within 30 days from the day of the delivery of the  
request of the  Ministry . 
In the case referred to in paragraph 1 of this article, the provisions of articles 171 to 173 and 
article 174 paragraph 4  of this Law shall apply . 
At the request of the user association and the collective management organization, the 
Ministry  shall initiate the procedure of reviewing the preliminary tariff and adopt a new  one, or change 
the existing pr eliminary tariff if it determines that the preliminary  tariff is contrary to the provisions of 
this law.  The Ministry  may also ex -officio initiate the procedure refe rred to in paragraph 3 of this 
article. “ 
 
Article 49 
Article 175 shall be amended to read as follows:  
 
“Dealing w ith complaints  
Article 175 
The collective management organisation must, in its statute, envisage the possibility of filing 
complaints and effective and timely procedures for de aling with complaints of its members and 
collective management organisations on whose behalf it manages rights under the re pre sentation 
agreements, as well as to organize the reception and deciding upon complaints within appropriate  
deadlines, in particular with respect to management authorization of rights, , termination or 
withdrawa l of rights, membership conditions, the collection of amounts attributed to the right holders, 
deductions and distributions.  
The collective management organisation must to re spond in writing to the objections of 
members or collective management organisation s on whose behalf it manage s the rights unde r the 
representation  agreement , within eight days from the day of receiving the complaint.  
If the collective management organisation dismisses the objection referred to in paragraph 2 of 
this article, the reasons  for the dismissal must be explained.”  
 
Article 50 
Article 176 shall be amended to read as follows:  
 
“Alternative dispute resolution procedures by mediation  
Article 176 
The mediation procedure may be initiated if an agreement fails to be reached in relatio n to: 
1) tariffs and common agreements referred to in articles 171,172, 173 and 174a of this Law;  
2) license for the use of works and/or subject -matter of related rights for cable retransmission 
of broadcasting.  
 The initiation of the mediation procedure shall n ot contest the application of the 
preliminary tariff set out in accordance with a rticle 174 of this Law up to the final se ttlement of the 
dispute.  
The mediation procedure may be initiated in reference to : 
1) any other dispute between collective management organisations, members of collective 
management organisations, rightholders or users in relation to the application of the provisions of this 
Law on the collective management of rights;  
2) the application of the provisions of articles 180a to 180k of this Law relating to the 
establishment of the collective management organisation on the territory of Montenegro, issuing or offering the issuance of a license for online rights to music works in the territory of se veral states in 
relation to disputes with:  
a) an existing or potential online service provider in reference to the application of articles 165 
and 165a and articles 180c to 180f of this Law;  
b) one or more rightholders in reference to the application of articles 180c to 180j of this Law;  
c) another col lective management organisation in relation to the application of articles 180c to 
180i of this Law.  
The provisions of the law governing mediation shall apply to the mediation procedures referred 
to in paragraphs 1 and 3 of this article, unless this Law pr escribes differently.  
A mediator may be a person meeting the general requirements for a mediator prescribed by the 
law governing mediation procedure and who has experience in the area of copyright and related rights.  
In the case referred to in paragraph 1 item 2 of this article, it shall be deemed that the parties 
have accepted the proposal of the mediator for the resolution of the dispute, if none of them submits 
the objection within three months from the day of receiving the proposal of the mediator. "  
 
Article 51 
New article shall be added after  article 176 to read as follows : 
 
“Judicial  proceedings  
Article 176a  
Provisions of articles 175 and 176 of this Law shall not affect the right of the parties to the 
dispute to initiate the proceedings before the co mpetent court in order to protect their rights.”  
 
Article 52 
In Chapter  VI, Section E shall be changed to read as follows : 
 
„SECTION E  
CONTROL OVER THE OPERATION OF THE COLLECTIVE MANAGEMENT 
ORGANISATION  “. 
 
Article 53 
Article 177 shall be amended to read as follows:  
 
“Supervision over the work of collective management organisation  
Article 177
  
The Ministry  shall carry out the control over the legality and effectiveness of the  work of the 
collective management organisation .  
The supervision referred to in  paragraph 1 of this article may be regular and extraordinary.  
A regular supervision shall mean the supervision carried out by the Ministry during the y ear, 
without the request of interested persons, by insight into data, acts, documents, business b ooks an d 
other documentation of the collective management organisation.  An extraordinary supervision may be carried out after receiving an initiative by the members 
of the collective management organisation, right holders, beneficiaries, other collective manageme nt 
organisation or any other interested person listing the actions and circumstances that, in their opinion, 
constitute a violation of the provisions of articles 147 to 180k of this Law.  
The Ministry  must  consider the allegations from the initiative and in form a person who 
submitted the initiative on actions undertaken.  
Except in the case refe rred to in paragraph 4 of this a rticle, the Ministry  may carry out the 
extraordinary supervision if, in any other way, it becomes aware of possible irregularities in t he work 
of collective management organis ation.  
The collective management organisation must , upon the re quest and within the deadline 
determined by the Ministry , prepare accurate and complete information, present documents, b usiness 
books and other document ation necessary for the supervision.  
The Ministry  shall have the right that its representatives attend the sessions of t he collective 
management organis ation, ask questions, request explanations and provide  recommendations .” 
 
Article  54 
Article 178 shall b e amended to read as follows:  
“Supervision of users  
Article  178 
The Ministry  shall carry out the supervision of the lawful  conduct of users under article 146 
and article 147 to 180k of this Law, with the exception of the cases referred to in articles 170 a nd 199 
paragraphs 4 and 6 of this Law . 
At the request of the collective management organisation, the Ministry  shall prohibit the 
holding of a music event to a user who, without a license issued in accordance with article 165 of this 
Law, is using or intend s to use protected matter .“ 
 
Article 55 
Article 179 shall be amended to read as follows:  
 
“The collective management organisation must deliver to the Ministry , within three days of the 
date of ado ption, establishment or conclusion and reception of : 
1) its general regulations (statute, rules, etc.);  
2) tariffs, including the amounts for single user categories;  
3) licensing conditions referred to in article 165 paragraph 5 of this Law ; 
4) conditions under which the rig htholders may issue authorizations  for a non -com mercial  
use of their works or other content  referred to in article 154 paragraph 4 of this Law ; 
5) concluded common agreements with user associations;  
6) agreements concluded with foreign societies;  
7) decisions rendered by the General assembly of members and othe r bodies of the colle ctive 
management organisation ; 
8) reports referred to in articles 166c, 166d and  166e o f this Law ; 9) decisions rendered by courts and other competent authorities that the collective 
management organisation is a party to.  
The collective mana gement organisation shall immediately notify the Ministry  of any change of 
persons authorized to represent the collective management organisation.  
 Upon request of the Ministry , the collective management organisation shall deliver 
immediately, and within t hree days of the receipt of the request at the latest, the required information 
and data from its sphere of activity .“ 
 
Article 56 
In article 180 paragraph 1, the words: “competent authority”  shall be replaced with the word 
”Ministry”, and before  the word “organization”, the following words shall be added to read  as: 
“collective management.”  
In paragraph 2 before  the word “organization”, the following words shall be added to re ad  as: 
“collective management ”, and the words: “competent authority”  shall b e re p laced with the word 
”Ministry” . 
Paragraph 3 shall be amended to read as follows : 
“If the collective management organisation  fails to comply with the order of the Ministry  in the 
given deadline, the Ministry  may order the General assembly of the members to relieve of their duty the 
persons responsible for the execution of imposed measures.”  
Article 57 
In article 180a, paragraph 3 shall  be amended to read as follows : 
“Online rights to musical works shall mean any of the author's rights to a musical work 
presc ribed by article 21 and articles 25 to 31 of this Law, which are necessary for the provision of online 
services .“ 
 
Article 5 8 
Article 180b shall be amended to read as follows:  
 
„Collective management organisation which grants licences referred to in Articl e 180a paragraph 
1 of this Law shall provide  administ rative, proffesional and technical conditions to process 
electronically, in an efficient and transparent manner, data needed for the  administration of such 
licences, including for the purposes of identif ying the repertoire and monitoring its use, invoicing 
users, collecting rights revenue and distributing amounts due to rightholders, in particular conditions 
to: 
1) have the ability to identify accurately the musical works, wholly or in part, which the collec tive 
management organisation is authorised to represent;  
2) have the ability to identify accurately, wholly or in part, with respect to each relevant territory, the 
rights and their corresponding rightholders for each musical work or share therein which the 
collective management organisation is authorised to represent;  3) make use of unique identifiers in order to identify rightholders and musical works, taking into 
account, as far as possible, voluntary industry standards and practices;  
4) make use of adequate mean s in order to identify and resolve in a timely and e ffective manner 
inconsistencies in data held by other collective management organisations granting multi -
territorial licences for online rights in musical works.  
 
The repertoire shall mean a copyright work or other content for which the collective management 
organisation manages rights .” 
 
Article 5 9 
Article 180k shall be amended to read as follows:  
„Derogation for online music rights required for radio and television programmes  
Article 180k  
The provisio ns of Articles 180a to 180j of this Law shall not apply to collective management 
organisations when they grant, on the basis of the voluntary aggregation of the  re quired rights, in 
compliance with the law governing the protection of competition, a multi -territorial licence for the  
online rights in musical works required by a broadcaster to communicate or make available to the 
public its radio or television programmes simultaneously with or after their initial broadcast as well as 
any online material, includ ing previews, produced by or for the broadcaster which is ancillary  to the 
initial broadcast of its radio or television programme.“  
 
Article 60 
A new article shall be added after article 180k to read as follows:  
 
“Appropriate application  
Article 180l  
Indep endent management organisation means any organisation which is authorised by law or b y  way 
of assignment, licence or any other contractual arrangement to manage copyright or rights re lated to 
copyright on behalf of more than one rightholder, for the collec tive benefit of those rightholders, as its 
sole or main purpose, and which is:  
a) neither owned nor controlled, directly or indirectly, wholly or in part, by rightholders, and  
b) organised on a for -profit basis.  
Provisions of article 164, article 165 par a. 1 i 3 , article 166a, article 166b items 1, 2, 3, 5, 6 i 7 and 
articles 170a i 177 of this law shall apply to organisation reffered to in paragraph 1 of this article which 
is established in Montenegro.  
Provisions of article 164, article 165 par a. 1 i 3, article 166a, article 166b items 1, 2, 3, 5, 6 i 7 and 
articles 170a i 177 of this law shall apply to organisation reffered to in paragraph 1 of this article which 
is established in the European Union.“  
 
 
Article 61 
 
In Article 181 paragraph 1 the words: ”competen t authority”  shall be replaced with the word 
”Ministry”.  
In paragraph 2 the words: ”competent authority”  shall be replaced with the word ”Ministry”.   
Article 62 
Article 199 shall be amended to read as follows:  
„Supervision  
Article 199 
The Ministry  shall ca rry out the supervision over the implementation of this Law and 
regulations adopted pursuant to it . 
Inspection supervision over the implementation of this law shall be performed by:  
1) the administrative authority in charge of inspection supervision, through market inspection 
and tourist inspection;  
2) the administrative authority in charge of taxation affairs, through tax inspection;  
3) Agency.  
The market inspector shall carry out inspection supervision over the production and trade of goods 
protected by copyright or related rights, or goods infringing copyright and related rights.  
The tourist inspector shall carry out inspection supervision over the provision of services in case of 
using copyright and related rights in the area of tourism and hospitality services w ithout regulating the 
obligation of paying the compensation for the use of these rights in accordance with the provisions of 
this Law regulating the collective management of copyright and related rights.  
The tax inspector shall carry out inspection supervi sion over the legality of using computer 
programmes used by business organisations and other forms of performing  economic activity in the 
conduct of their business activities.  
The Agency shall perform inspection supervision over:  
1) Providers of audio -visual media services and controls whether within the programme content 
copyright or related rights have been infringed by unauthorized broadcasting, re -broadcasting and 
cable retransmission of copyrighted works or objects of related rights;  
2) operators of el ectronic communications networks and controls whether they unauthorized  re-
broadcasting the programme content of the media service provider.  
A commodity that is subject to copyright and related rights infringement under articles 199 to 199e 
of this Law sha ll be considered a copy of a protected copyright work or content  of related right that has 
been duplicated without the consent of the author or holder of a related right in cases where such 
consent is not necessary in accordance with this Law, or commoditi es containing a protected copyright 
work or content  of related right , which was created w ithout the consent of the  right holder (pirated 
copyright work), as well as a mold or matrix used for their reproduct ion or creation.“  
 
Article 63 
New five articles sha ll be added  after article 199 to read as follows : 
 
“Inspection supervision procedure  
Article 199a  A competent inspector, ex - officio or at the initiative of the person referred to in paragraph 3 of 
this article, shall undertake actions and bring acts in a ccordance with this Law and the law regulating 
the inspection supervision.  
The provisions of the law regulating inspection supervision shall apply to the inspection 
supervision issues that are not specifically regulated by this Law.  
The author or holder of  related rights, a person having a legal interest, as well as a person who has 
been empowered by them on the basis of the general rules on representation, may file an initiative for 
initiating the inspection supervision procedure (hereinafter: the initiati ve). 
The initiative may be:  
1) individual, when it relates to a particular type and quantity of goods or a particular service or 
activity, or  
2) General, when it relates to all quantities of a particular type of goods, services or activities for a 
certain period of time.  
The initiative must contain data on the basis of which the goods, services or activities infringing 
copyright or related rights may be identified, as well as the evidence that a person who submitte d the 
initiative is actually  the one from p aragraph 3 of this a rticle, and if it is a ge neral initiative , it shall 
include the time period of the initiative.  
The person who submitted the initiative may also submit:  
1) details on the basis of which the shipment or package can be identified;  
2) information  on the plac e where the goods are located or the intended destination or the  place 
where the service is provided;  
3) the name of the manufacturer, importer, owner or holder of the goods, or the service provider 
or the person pursuing actions infringing copyri ght or related rights;  
4) information on the envisaged date of shipment or delivery of goods;  
5) information on the means of transport used for transport ation;  
6) sample of goods, photographs, etc.  
The competent inspector must act at the initiative and inform in writing  the pe rson who  
submitted the initiative on performed supervision and any measures taken, within eight days from the 
date of the submission of the initiative.  
If the initiative proposes urgent action and if the initiative contains sufficient informati on on 
the deliveries of goods for which it is reasonably suspected that the goods are infringing copyright or 
related rights, the competent inspector must obliged to inform the person who submitted the initiative 
within on performed supervision and any mea sures taken, within the three days from the date of the 
submission of the initiative  
Undertaking  measures and informing  
Article 199b  
When in the procedure of inspection supervision it is established that there is a reasonable doubt 
that there has been a vi olation of copyright or related right, the competent inspector shall be 
authorized to:  
1) temporarily prohibit the prod uction of goods that infringe  copyright or related right or 
temporarily prohibit the performance of the activity;  2) temporarily confiscate goo ds infringing copyright or related rights;  
3) temporarily prohibit the performance of the service or tak ing of  actions infringing copyright or 
related law.  
In case of taking the measures referred to in paragraph 1 of this article, the competent inspector 
shal l immediately, and at the latest within two days from the date of taking me asure s, inform the 
person who submitted the initiative in writing of the obligation to initiate the procedure for protection 
of rights before the competent court.  
The person who sub mitted the initiative must, at latest within 15 days from the date of the receipt 
of the notification referred to in paragraph 2 of this article, submit to the competent inspe ctor the 
evidence of the initiated procedure before a competent court or an impos ed interim measure b y the 
competent court.  
When it determines that there is a reasonable suspicion that a copyright or related right has b een 
infringed, the Agency shall be authorized to:  
1) temporarily prohibit the unauthorized broadcasting, re -broadcasting and cable retransmission 
of certain programme contents to an audio -visual  media service provider;  
2) temporarily prohibit the operator of the electronic communications network unauthorized re -
broadcasting of the content of a particular media service provider.  
The information referred to in paragraph 2 of this article shall contain the data on the title or the 
name or the registered seat or address of the person on whom the measure referred to in paragraph 1 
of this article has been imposed and the type of impo sed measure, as well as the obligation to initiate 
the procedure for the protection of rights before the competent court, and the address of the owner, 
importer and manufacturer of the goods in question, as well as data on the quantity and type of goods 
or services, etc.  
Security, costs of the proceeding and compensation for damages  
Article 199c  
If it has been deemed justifies bases on the circumstances of the case, the competent inspector 
may, in the procedure initiated at the initiative, impose that the d etermining of measures referred to in 
article 199b paragraph 1 of this Law is contingent upon providing adequate security of the person who 
submitted the initiative for the purpose of compensating the costs of keeping temporarily seized goods 
or damage ari sing from the omission of the person who submitted the initiative or the  unlawful 
confiscation.  
The costs of the procedure initiated upon the initiative , and which has b een completed in 
favour of the subject of supervision, shall be borne by the person who  submitted the initiative, 
otherwise they shall be borne by the subject of supervision.  
The competent inspector shall not be liable for compensation for damage arising from the 
unreasonable temporary seizure of goods.  
If in the procedure on the initiative it is determined that the goods have been seized without  
any grounds , the  person who submitted the initiative must compensate the owner, or the person from 
whom the goods have been seized, and he shall compensated for the damage caused by the temporary 
seizure . 
 Return and destruction of goods  
Article 199d
  
If the person who submitted the initiative fails to submit to the competent inspector, within 
the deadline referred to in article 199b paragraph 3 of this Law, proof of the initiated procedure before 
the competent court or an interim measure imposed by the competent court, the temporary seized 
goods shall be returned to the person from whom it was confiscated.  
Where the proceedings before the competent court has been initiated, and the court did not 
impos e an interim measure on the prohibition of the production and trade of goods, the te mporarily 
seized goods shall be returned to the person from whom it was confiscated.  
At the request of the person who submitted the initiative, the competent inspector must  enable 
the taking of samples of goods in the quantity admissible  as an evidence in the proceedings before the 
competent court.  
Upon the court’s order  or ex -officio, the competent inspector may destroy temporarily se ized 
goods.  
The competent inspector may ex-officio destroy temporarily  seized goods if the following 
conditions have been fulfilled:  
1) if the person who submitted the initiative within the deadline referre d to in article 199b, 
paragraph 3 of this Law, failed to submit to the competent inspector  the proof of the initiated 
procedure before the competent court or imposed interim measure by the competent court;  
2) the owner, or the person from whom the goods have been temporarily seized, fails to make 
himself available to the competent inspector wit hin 30 day s from the e xpiration of the  deadline 
referred to in article 199b paragraph 3 of this Law.  
 
Information on termination of rights  
Article 199e
  
The person who su bmitted the initiative must inform the competent authority about the 
termination of the protection of the copyright or related right or the termination of the legal interest, if 
this right or legal interest is terminated in the course of the proceedings up on the initiative. "  
 
Article 64 
Article 200 shall be amended to read as follows:  
 
“Misdemeanour  by the  collective management organisation  
Article 200  
A monetary fine ranging from EUR  1.000 to EUR 15.000 shall b e imposed on a collective 
management organisa tion for misdemeanour, if : 
1) Fails to manage rights, categories of rights or types of works and other content re fe rred to in 
article 154 paragraph 1 of this Law, unless it has objectively justified reasons to refuse 
management (Article 1 54 paragraph 3); 
2) Fails to nform the rightholder whose rights is managing about the conditions under which the 
rightholder may assign the authorisation for non -commercial use of his rights, categories of rights or types of works and other contents the management of which has b e en assigned to 
that organisation ( Article 154 paragraph 5 ); 
3) Fails to publish the information on the rights of the rightholders in accordance with article 154 
paragraphs 1 to 7 and article 154a of this Law on its website. (Article 154 paragraph 8);  
4) Fails to  inform the rightholders of the rights referred to article 154 paragraphs 1 to 7 and 
article 154a of this Law in writting, as well as the conditions for managing the rights re fe rred 
to article 154 paragraph 5, prior to granting authorization for the manage ment of those rights, 
categories of rights, types of works and other content  (Article 154 paragraph 9 ); 
5) Restricts the use of management of rights from article 154a paragraphs 1, 2 and 3, by referring 
to the conditions that the management of rights, categor y of rights, ty pe of works or other 
content subject of termination or withdrawal, contingent upon entrusting them to another 
collective management organization (Article 154a paragraph 4);  
6) Fails to accept the rightholders and entity representing rightholdes , including other collective 
management organisations and associations of rightholders, as members if the y fulfil the 
membership requirements, which shall be based on objective, transparent and non - 
discriminatory criteria (Article 154b paragraph 1);  
7) Fails  to determine the membership requirements referred to in article 154b paragraph 1 of this 
Law in the statute or other general act laying down membership terms and shall be made them 
publicly available on its Internet page (Article 154b paragraph 2);  
8) Refuse s to accept a request for membership, and fails to provide the rightholder with a clear 
explanation of the reasons for its decision (Article 154b paragraph 3) ;  
9) Fails to allow its members to communicate with it by e lectronic means, including for the 
purpos es of exercising members’ rights  (Article 154b paragraph 5);  
10) Fails to keep updated records of its members (Article 154b paragraph 5);  
11) Fails to apply accordingly any rights assigned to its members and apply them accordingly also 
to the rightholders who are not its members and which it represents under the law, b y way of 
assignment of rights or contracts, other than the rights re lating to the  management and 
decision -making in a collective management organisation  (Article  154c);  
12) The General assembly of members  fails determine in details the conditions for the use of rights 
revenue and other income arising from the investment of rights revenue  (Article 158 
paragraph 6)  
13) Fails to keep separate in its business books rights revenue and income arising from the 
invest ment of rights revenue  ((Article 161 paragraph 3 item 1 ); 
14) Fails to keep separate in its business books any own assets it may have and income arising 
from such assets, from management fees or from other activities (Article 161 paragraph 3 ite m 
2); 
15) Fails to use rights revenue or any income arising from the investment of rights re venue only 
for purposes of distribution to rightholders, except where the use of rights revenues or income 
arising from the investment of rights revenues, or to deduct or offset its m anagement fe es in 
compliance with a general act referred to in article 158 paragraph 3 items 3 to 11 of this Law.  
(Article 161 paragraph 4 ); 16) Fails to provide the rightholder with information on management fees and other deductions 
from the rights revenue and from any income arising from the investment of rights re venue, 
before obtaining his consent to its managing his rights (Article 162 paragraph 1) ; 
17)  Fails to regularly and accurately distribute and pay amounts due to rightholders, in 
accordance with the general acts on distribution referred to in article 158 paragraph 3 ite m 3 
of this Law (Article 162a paragraph 1) ; 
18) Fails to take all necessary measures, for the purpose to identify and locate the rightholders. 
(Article 162b paragraph 1 ); 
19) At the latest thre e months after the expiry of the deadline referred to in article 162a paragraph 
3 of this Law, the collective management organisation fails to make available information on 
works and other content for which one or more rightholders have not  been identified  or 
located to th e rightholders that it represents or the entities representing rightholders, where 
such entities are members of the collective management organisation  (Article 162b paragraph 
2 item  1); 
20) At the latest three months after the expiry of the de adline referred to in article 162a paragraph 
3 of this Law, the collective management organisation fails to make available information on 
works and other content for which one or more rightholders have not been identified or 
located to all collective manag ement organisations with which it has concluded representation 
agreements (Article 162b paragraph 2 item  2); 
21) In addition to undertaking measures referred to article 162b paragraphs 1 and 2 of this Law, 
fails to also verify the records referred to in articl e 154b paragraph 5 of this Law and other 
available records (Article 162b paragraph 4); 
22) Fails to make the information available to the public that measures  referred to in article 162b 
paragraphs 1 to 4 of this Law are not producing results, at the latest on e year after the expiry of 
the three -month period referred to in article 162b paragraph 2 of this Law (Article 162b 
paragraph 5 ); 
23) Fails to make available, not less than once a year, to each rightholder to whom it has attributed 
rights revenue or made payme nts in the period to which the information relates in reference to 
Article 164 paragraph 1 of this Law ;  
24) Attributes rights revenue and has as members entities which are responsible for the 
distribution of rights revenue to rightholders, and fails to provid e the information refe rred to 
in article  164 paragraph 1 of this Law to those entities, provided that the y do not have that 
information in their possession (Article 164 paragraph 2 ); 
25) Discriminates or proceed differently against rightholders whose rights it  manage s under a 
representation agreement in comparison to other rightholders, in particular with re spect to 
tariffs, management fees, as well as the conditions for the collection of the rights revenue and 
distribution of amounts due to rightholders (Artic le 164a paragraph 2); 
26) Applies deductions, other than in respect of management fees, from the rights revenue derived 
from the rights it manages on the basis of a representation agreement, or from any  income 
arising from the investment of that rights revenue , unless the other collective management organisation that is party to the representation agreement expressly consents to such 
deductions.  (Article 164a paragraph 3); 
27) Fails to regularly , diligently  and accurately distribute and pay amounts due to other col lective 
management organisations referred to article 164a paragraph 3 of this Law  (Article 164a 
paragraph 4); 
28) Fails to carry out distribution to the organisations referred to in article 164a paragraph 3 of 
this article and make payment as soon as possible but no later than nine months from the e nd 
of the financial year in which the rights revenue was collected, unless objective reasons 
relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works an d other content with rightholders prevent the collective management 
organisation from meeting that deadline (Article 164a paragraph 5 ); 
29) Fails to distribute and pay management organisation or its me mbers, if its members are 
entities representing rightholder s, those members, the amounts due to rightholders as soon as 
possible but no later than six months from receipt of those amounts, unless objective re asons 
relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works and other content with rightholders prevent the collective management 
organisation or, where applicable, its members from meeting that deadline (Article 164a 
paragraph 6 ); 
30) Fails to provide the users, in conduct of negotiations, all nece ssary information for the 
licensing.  (Article 165 paragraph 4); 
31) Acts contrary to article 165a paragraph 1 of this Law ; 
32) Acts contrary to article 165a paragraph 2 of this Law;  
33) Fails to enable users to communicate with it electronically, if applicable, for th e  purpose of 
reporting on the use of the license (Article 165a  paragraph 4); 
34) Fails to issue the Invoice containing the data referred to in Article 165b of this Law ; 
35) Fails to make  at least the following information available, not less than once a y ear and b y 
electronic means, to collective management organisations on whose behalf it manages rights 
under a representation agreement, for the period to which the information relates referred to 
in article 166 of this Law ; 
36) Fails to make  available, in response to a  duly justified request,  information referr ed to article 
166a of this Law by electronic means and without undue delay to any collective management 
organisation on whose behalf it manages rights under a representation agre ement or to any  
rightholder or to a ny user ; 
37) Fails to publish on its website and keep up to date the information, within seven days from the 
date of change occurrence, referring to article 166b o f this Law ; 
38) Fails to draw up and make public on its website an annual transparency report for eac h 
financial year no later than eight months following the end of the financial year (Article 166c 
paragraph  1); 
39) Fails to publish  the common agreement referred to in Article 172 paragraphs 1 to 4 and article  
173 of this Law in the “Official Gazette of Monte negro”, after the Ministry  approves the 
common agreement. (Article 172 paragraph 5);  40) Fails to publish the common agreement with the invitation referred to article 173 paragraph 1 
of this Law in its website with the explanation and fails to submit it to en tities re fe rred to in 
article 173 paragraph 1 of this Law (Article 173 paragraph 2); 
41) Fails to submit a concluded common agreement to the Ministry  for approval within five days 
from the date of its conclusion (Article 173 paragraph 3 ); 
42) Fails to envisage in its statute the possibility of filing complaints and e ffe ctive and timely 
procedures for dealing with complaints of its members and collective management 
organisations on whose behalf it manages rights under the representation agreements, as well 
as to org anize the reception and deciding upon complaints within appropriate deadlines, in 
particular with respect to management authorization of rights, , termination or withdrawal of 
rights, membership conditions, the collection of amounts attributed to the right holders, 
deductions and distributions (Article 175 paragraph 1 ); 
43) Fails to respond in writing to the objections of members or collective management 
organisations on whose behalf it manages the rights under the re pre sentation agreement, 
within eight days fro m the day of receiving the complaint  (Article 175 paragraph 2 ); 
44) Dismissed the objection referred to in article 175 paragraph  2 of this article, and fails to 
provide the reasons thereof  (Article 175 paragraph 3 ); 
45) Fails to submit to the Ministry , within thre e days from the date of adoption, establishment  and 
conclusion  of acts, tariffs, conditions, agreements, decisions and reports referred to in article 
179 paragraph 1 of this Law ; 
46) Fails to immediately notify the Ministry  of any change of persons authorized to represent the 
collective management organisation, within three days from the change of persons (Article 179 
paragraph 2) ; 
47) Upon request of the Ministry , fails to deliver immediately, and within three days of the receipt 
of the request at the latest, the required information and data from its sphere of activity  
(Article 179 paragraph 3). 
A monetary fine ranging from EUR 500 to EUR 2.000 shall be also imposed on a re sponsible 
person in the collective management organisation for misdemeanour  referred to in p aragraph 1  of this 
article .” 
 
Article 65 
Article 201 shall be amended to read as follows:  
 
“Misdemeanour  by the member of the Supervisory board  
Article 201 
A monetary fine ranging from 250 eu ros to 1.000 eur os shall be imposed for a misdemeanour  
on any mem ber of th e Supervisory board if he fails  to submit once a year the declaration  on the conflict 
of interest containing the information referred to in article 159a paragraph 5 of this Law  (Article 159 
paragraph 3) .“  
 
Article 66 Article 202 shall be amended to read as follows:  
 
“Misdemeanour  by the person managing operation of the collective management 
organisation  
Article 202  
A monetary fine ranging from EUR 250 to EUR 1.000 shall be imposed for misdemeanour to a 
person managing the collective management org anisation, if fails to submit annually  to the Ge neral 
assembly of members the declaration containing the information referred to in article 159a paragraph 
5 of this Law .“ 
 
Article 67 
Three new articles shall be added after article 202 to read as follows : 
 
„Misdemeanours by users  
Article  202a  
A monetary fine ranging from EUR 1.000 to EUR 15.000 shall be imposed on a legal person – 
user for misdemeanour, if:  
1) The collective management organization, in conduct of negotiations, fails to  provide  all 
necessary inf ormation for the licensing  (Article 165 paragraph 4); 
2) Uses protected matter without the license (Article 165 paragraph  8); 
3) Fails to provide a collective management organisation, within an agreed or pre -established 
deadline and in an agreed or pre -establish ed format, with such relevant information at their 
disposal on the use of the rights represented by the collective management organisation as is 
necessary for the collection of rights revenue and for the distribution and payment of amounts 
due to righthold ers (Article 168 paragraph 1); 
4) Fails to provide for an insight to the authorized person of the collective management 
organisation into the documentation and data relevant for calculation of the  fe e that is paid 
according to the tariff (Article  168 paragrap h 3). 
A monetary fine ranging from EUR 250 to EUR 2.000 shall be imposed on a natural person – 
user for misdemea nour referred to in paragraph 1  of this article.  
A monetary fine ranging from EUR 250 to EUR 2.000 shall be imposed on a responsible 
person in l egal person – user for misdemeanour referred to in paragraph 1 of this article.  
A monetary fine ranging from EUR 500 to EUR 5.000 shall be imposed on an entrepreneur – 
user for misdemea nour referred to in paragraph 1  of this article.  
 
Misdemeanour  by the m ember of the c ollective management organisation  
Article 202b  
A monetary fine ranging from EUR 500 to EUR 2.000 shall be imposed on a member of the  
collective management , who : 
1) is responsible for the distribution of rights revenue to right holders, if the i nformation referre d 
to in article 164 paragraph 1 of this a rticle is not made available at least once a y e ar to any right holder who is entitled to or receives payments in the period in which the information 
relates (Article 164, paragraph 3);  
2) represents th e rightholders  and if he fails to distribute to righ tholders and to pay the 
attributable amounts without delay, and at the latest six months from the re ceipt of the se 
amounts, unless justified reasons, in particular with regard to reporting by the user, by  
establishing the rights, right holders or by linking information on works  and other contents 
with rights holders, prevent a member of the collective management organization from 
complying with this deadline (Article 164a paragraph 6).  
 
Misdemeanours  of ot her persons  
Article 202c  
A monetary fine ranging from EUR 500 to EUR 2.000 shall be imposed on a legal person who  
acts contrary to article 168 paragraph 4 of this Law . 
A monetary fine ranging from EUR 50 to EUR 200 shall be imposed on a responsible person 
in a legal person for misdemeanour  referred to in paragraph 1 of this article . 
A monetary fine ranging from EUR 50 to EUR 200 shall be imposed on a responsible person 
in a legal person for misdemeanour  referred to in paragraph 1 of this article.  
A monetary fine ranging from EUR 150 to EUR 600 shall be imposed on an entrepre neur for 
misdemeanour  referred to in paragraph 1 of this article.  
 
Article 68 
In Article 206d, paragraph 1, the words:  “Article 69i, Article 142 paragraph 2 and Article 145a 
paragraphs 4, 5 and 6” shall be replaced by the words: “Article 142 paragraph 2, Article 145a paragraphs 
4, 5 and 6, Article 154 paragraphs 2 and 4, Article 165 paragraph 7, Article 178, Article 180l paragraph 3 
and Article 206g”.  
 
Article 69 
Three new articles shall b e added after article 206e to read as follows : 
 
„Duty of informing  
Article  206f  
The collective management organis ation shall be obliged to provide information about the 
rights referred to in articles 154 and 154a of this Law and shall inform the right holde rs that have 
authorize it to manage, as well as  about all conditions for the management of rights re ferred to in 
article 154, paragraph 5 of this Law, within six months from the date of entry into force of this Law.  
 
Cooperation with competent authorities of the member states of the European Union  
Article  206g  
The Ministry  must, without undue delay, respond to the request for information in relation to 
the application of the provisions of art. 147 to 180k of this Law, received by an authority of a me mber 
state of the European Union responsible for supervising the work of the  collective manageme nt  organisations, and in particular the information on the activities of collective management 
organisations headquartered in Montenegro, provided that  the request is duly reasoned .  
If the Ministry  considers that a collective management organisation established in a me mber 
state of the European Union operating in the territory of Montenegro may not be in compliance with 
the provisions of the national law of the member state of the European Union in which that collective 
management organisation  is established, it may submit all relevant information to the competent 
authority of the member s tate of the European Union in which the collective management organisation 
is esta blished, and may, if necessary, also attach the request to that authority to undertake appropriate 
measures within its jurisdiction.  
If the Ministry  has received the request refe rred to in paragraph 2 of this a rticle b y the 
competent authority of a member state of the European Union, it shall be obliged to reply withi n three 
months from the date from the request  reception . 
The Ministry  may refer the request refe rred to in paragraph 2 of this a rticle  also to an e xpe rt 
group established in accordance with the  regulations of the European Union governing the collective 
management of copyright and related rights . 
 
Business compliance  
Article 206h  
      The collective management organisation must harmonize its organization, business and activity 
with this Law with in one year from the date of entry into force of this Law.  
    The Ministry  shall revoke the license for the collective management of rights to the organization 
referred to in paragraph 1 of this Article that fails to harmonize its organization, business a nd activity 
within the deadline referred to in  paragraph 1 of this article.”  
 
Article 70 
A new article shall be added after article 208 to read  as follows : 
 
“Superseding  
Article 208a  
On the date this Law enters into force, the Law on the e nforcement of re gulations on the 
protection of intellectual property (“Official Gazette of the RoM, No. 45/05, and the “Official Gazette of 
Montenegro, Nos.  37/11, 40/11, 18/14 and  42/16)  shall be superseded .“ 
 
Article  71 
      This Law shall enter into force on the eight h day following its publication in the “Official 
Gazette of Montenegro” . 