Apart from being the most affected by war in the Balkans, Bosnia and Herzegovina has had a number of other aggravating circumstances for the establishment of an effective system of collective management of copyright and related rights. Specifically, BiH is the only country derived from former Yugoslavia where the protection of copyright and related rights which existed until 1992, was discontinued.
By the departure of staff and closing the offices in Sarajevo, the management of the Federal organization of Composers SOKOJ – ZAMP had effectively ceased to exist. In addition, the offices that were owned by ZAMP repeatedly changed owners, and currently exist as Hotel “Dardania”. Needless to say, all archives and documents were lost.
In other capital cities that emerged from the former Yugoslavia (Ljubljana, Zagreb, Skopje ) SOKOJ offices continued the work and the existence, and eventually had evolved into new collective management societies: SAZAS - Slovenia, HDS - ZAMP Croatia, SOKOJ – Belgrade and ZAMP - Macedonia. In Podgorica, the process was completed only after the dissolution of state union of Serbia and Montenegro, with the establishment of a new collective management society PAM CG. Only in Bosnia and Herzegovina we had to start from scratch, as you can see from the above mentioned.
The adoption of the Law on Copyright and Related Rights Act and the Regulations on professional criteria for the collective management of copyright and related rights in 2002 created the legal framework so that the Institute of Metrology, Standards and Intellectual Property of Bosnia and Herzegovina as a relevant authority, issues Licenses for the collective management of rights. The License for the collective management of musical authors’ rights was awarded to Sine Qua Non LTD.
By decision of the Institute for Standards, Metrology and Intellectual Property number: IP 5694/02-01 NW of 4th June 2002, Sine Qua Non LTD was awarded the license to manage the following:
• Authors' rights on the basis of authorization of authors or by authorization of the association of authors or other rights’ holders
• Performers' rights on the basis of the authorization of performers or by authorization of the association of performers or other rights’ holders
* It is interesting, as explained in the decision, that the application submitted by Sine Qua Non Ltd was filled in only one day earlier, i.e. June 3rd 2002, and the question is how is it possible to decide on such a complex application for just one day, although the Law on Administrative Procedure states that the general term for a decision is 30 days, and in complex cases 60 days.
By this decision, the door was opened for Sine Qua Non LTD to administer the rights that, according to most authors, was very poor and has had very limited success in terms of royalties collection and remuneration.
In the analysis that was done the indicators show that the Sine Qua Non Ltd was extremely unsuccessful in the field of protection of authors’ rights and the collecting and distributing the royalties.
Comparison study of the state of copyright protection in the neighboring countries shows disappointing results achieved by SQN, and gives a full picture and justification of decision made by authors to entrust the management of their rights to the professional service that was to be built within the AMUS itself. These solutions are built upon the latest European standards.