Živković Samardžić, one of Serbia’s leading full-service independent law firms, has achieved a landmark ruling in a copyright infringement case that reshapes the interpretation of the current events exception under Serbian copyright law.

Representing 021, a Novi Sad-based broadcaster and news outlet, the firm defended against a copyright claim filed by photographer Nebojša Radosavljević. The case centered around 021’s use of Radosavljević’s photograph in a report on a traffic accident in Kragujevac, which injured seven people. The photograph, taken just minutes after the accident at the scene, was used as part of 021’s news coverage.

In decision No. Gž4-88/16, the Belgrade Court of Appeal reinterpreted the current events exception outlined in Article 43 of the Serbian Copyright Act. The ruling aligns more closely with EU standards, particularly Article 5.3(c) of the EU Copyright Directive (2001/29/EC), allowing for the use of copyrighted material in news reporting when it serves an informative purpose.

Previously, Serbian courts adhered strictly to the Berne Convention's Article 10bis(2), which limited the exception to works directly "seen or heard in the course of the current event." However, the Court of Appeal emphasized the informative role of 021’s coverage of the "serious traffic accident in Kragujevac" and ruled that the photograph, taken immediately after the incident at the scene, was integral to the event's reporting.

As a result, the Court concluded that 021 was entitled to use the photograph without Radosavljević’s permission or payment, reinforcing the principle of freedom in news reporting.

The Živković Samardžić team representing 021, consisting of attorneys from Živković Samardžić Competition, Technology, Media and Telecommunications Department successfully navigated both the Higher Court and the Court of Appeal during the proceedings.