INDICTMENT ISSUED FOR IMPERMISSIBLE USE OF COPYRIGHTS

Prosecutor of Department III within the Prosecutor’s Office of BiH issued an indictment against Rasim Spahić, born on January 5, 1957 in Zenica municipality where he resides, with prior convictions, citizen of BiH.

The indictment charges Rasim Spahić to have, as a person authorized to represent Radio station "BM" d.o.o. Zenica, on April 17, 2010 in Zenica, on the occasion of marking the 13^th anniversary of the Radio station "BM", contrary to the applicable legal provisions on Copyrights and Related Rights in Bosnia and Herzegovina, organized a concert of a performer.

As the indictment alleges, the accused has not, prior to that, obtained the permission to use copyrights in a public performance from a legal entity specialized in the management of copyrights, i.e. the Agency to represent and protect copyrights, "Sine Qua Non" d.o.o. Sarajevo, which received the approval of the Institute for Standards, Metrology and Intellectual Property of BiH to handle such activities in accordance with Article 87 of the aforementioned law and which has, under the Agreement on mutual representation concluded with the Society for Protection of Copyright from Belgrade (SOKOJ) in Sarajevo on February 18, 2005,  exclusive authority to issue the necessary permits for all public performances of musical works on the territory of Bosnia and Herzegovina.

The accused Rasim Spahić is charged to have, without the permission of the person authorized to grant approval under the laws of Bosnia and Herzegovina, made a copyright available to the public, thereby committing the criminal offense of Impermissible Use of Copyright under Article 243, Paragraph 1 of the CC BiH, in conjunction with the Law on Copyright and Related Rights in Bosnia and Herzegovina (Official Gazette of BiH No. 7/02).

The indictment was forwarded to the Court of BiH for confirmation.