Protection of Copyright in the Digital Environment in North Macedonia

1) What measures should be taken to protect copyright on music, videos, and images on the internet?

Copyright in the Republic of North Macedonia is regulated with the Law on Copyright and Related Rights („Official Gazette of Republic of Macedonia“ no. 115/10, 140/10, 51/11, 147/13, 154/15 and 27/16 and „Official Gazette of Republic of North Macedonia“ no.87/25). However, the Law on Copyright and Related Rights does not contain any specific provisions related to protection of copyright on the internet, save for the use of technological measures as explained below. Having this in mind, the general moral and material rights available to the author, would also be applicable for protection of copyright on the internet. General moral and material rights available to the author according to the Macedonian Law on Copyright and Related Rights are: (i) moral rights: Right to claim authorship; Right of first disclosure; Right of protection of the integrity of the work; and Right of withdrawal; (ii) material rights: Right of reproduction of the work; Right of distribution of the work; Right of communication to the public of the work; and Right of adaptation of the work. The Law stipulates preventive actions for protection, whereby in order to preserve evidence or for other reasons, the author or the right holder may register and deposit originals or copies of their work, phonogram, video gram or other subject-matter of their right with a notary or a legal representative. Also, proper labelling of works, use of licenses, monitoring violations and effective response to unauthorized use of content are the basic steps that can protect the author’s interests online.

2) What are the specifics of copyright protection for content posted on platforms like YouTube, TikTok, and Instagram?

The Macedonian Law on Copyright and Related Rights, as well as other laws that may be applicable (such as: Law on Electronic Communications, Law on Audio and Audiovisual Media Services) do not contain specific provisions related to copyright protection for content posted on platforms like YouTube, TikTok, and Instagram. However, proper labelling of works/copyright content (like including watermark on any image/video that is shared on these media), use of copyright notice/copyright symbol with a statement saying © (name of the author) All Rights Reserved at the bottom of each post that is shared on these media, monitoring violations and prompt notification to the party that has infringed any copyright content/report of the violation to the site host of particular media including also commencing any legal actions in front of the competent court/body (if the reporting/notification does not make any positive result for the content subject of infringement) can protect the content creators’ interests online from an unauthorized use of content. 

3) What legal restrictions apply to the use of third-party content on social media, and what measures can be taken to ensure compliance with copyright laws?

The use of third-party content on social media would be equal to use of any copyright by third parties, by any means and in any form. Considering the author’s right to material, the author shall have the exclusive right to authorize or prohibit the use of his work or copies thereof by any other person. Therefore, any third party that intends to use a copyright, must obtain previous approval for such use from the author. The author may transfer to other persons separate material rights, whereas the transfer may be carried out by succession, by written contract (exclusive or non-exclusive) or in another written way (non-exclusive) by an authorization, statement, approval, etc. 

4) What legal steps can be taken in response to the unauthorized use of content online?

Considering that the Law on Copyright and Related Rights does not contain specific provisions on use of content online, the general provisions for protection against unauthorized use of copyright would apply to the protection of unauthorized use of content online as well. Copyright and related rights shall enjoy criminal (as per the provisions of Crime Code), civil (as per the provisions of Civil Procedure Law, Law on Claim Securing and Obligations Law) and misdemeanour protection (as per the provisions of the Law on Misdemeanours). 

The copyright protection is exercised in a court procedure. A person whose right determined under the Law on Copyright and Related Rights has been infringed, or there is reasonable doubt that the right will be infringed, and when there is a real threat of a right infringement, unless otherwise provided by the Law, shall have the right to submit: (i.) Request for protection of the right; and (ii.) Request for provisional/temporary measures and other measures determined with the said law.

5) What legal risks arise when distributing digital content internationally? 

When disturbing copyright in general, including digital content, the person who disturbs the rights may face criminal, civil and/or misdemeanour procedure to be initiated against them. 

The Law on Copyright and Related Rights provides that the person whose rights are disturbed, can initiate civil court procedure by submission of:

• a request for protection of the right, requesting one, several or all individual actions as follows: (i.) Termination of the infringement action/Prohibition for further infringement; (ii.) Compensation of material damages and for lost income; (iii.) Compensation of non-material damages; (iv.) Civil penalty (up to 200% regardless of the fact whether such person has suffered any material damage); (v.) Indication of the author; (vi.)  Return of the benefits acquired from the unauthorized use; (vii.) withdrawal from the market of the items involved in the infringement of the works/copyright; and (viii.) publication of court decision; as well as
• a request for provisional/temporary measures requesting one, several or all individual actions as follows: (i.)  prevention of the immediate infringement of the right; (ii.) temporary prohibition of the infringement of the right, or making it conditional upon the payment of a monetary amount equal to the prescribed fine or penalty for that type of infringement, or upon providing a guarantee to ensure compensation for that type of use; (iii.) seizure or non-distribution of a copy suspected of infringing the right, in order to prevent its import and release into commercial circulation; and (iv.) adoption of other similar measures in accordance with the law.

The Criminal Code of Republic of Macedonia stipulates monetary fines or imprisonment for criminal acts related to Violation of copyright and related rights, Violation of the Right of the Distributor of Technically and Especially protected Satellite Signal, Piracy of an Audio-Visual work and Phonogram Piracy.

The civil liability may not necessarily mean excluding the criminal liability.

6) How can a company working in digital content implement a copyright protection policy?

A digital content company can implement a robust copyright protection policy by combining legal measures, technological solutions, and educational efforts. This includes using copyright notices, digital rights management (DRM) systems, watermarking, and creating clear usage guidelines for internal and external parties. Furthermore, legal counsel should be consulted to understand and enforce copyright laws, and employees should be educated about copyright principles and the company's policy.

7) What international agreements and laws regulate copyright protection on the internet, and how are they applied in practice?

International Agreements:

• Berne Convention: Declaration/Notification of succession 23 July 1993; in force as of September 8,1991;
• Phonograms Convention (copyright protection for sound recordings): (“Official Gazette of Republic of Macedonia” no.47/1997 dated 19.09.1997);
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (“Official Gazette of Republic of Macedonia” no.50/1997 dated 03.10.1997);
• WIPO Convention: Declaration/Notification of succession 23 July 1993; in force as of September 8,1991;
• WIPO Copyright Treaty (“WCT”): (“Official Gazette of Republic of Macedonia” no.44/2003 dated 03.07.2003);
• WIPO Performances and Phonograms Treaty (“WPPT”): (“Official Gazette of Republic of Macedonia” no.44/2003 dated 03.07.2003);
• Law on Ratification of the Amendment of the TRIPS Agreement (“Official Gazette of Republic of Macedonia” no.24/2010 dated 19.02.2010);

Domestic regulations:

• Law on Copyright and Related Rights („Official Gazette of Republic of Macedonia“ no. 115/10, 140/10, 51/11, 147/13, 154/15 and 27/16 and „Official Gazette of Republic of North Macedonia“no.87/25);
• Law on Civil Procedure („Official Gazette of Republic of Macedonia“no.79/05; 110/08; 83/09, 116/10 and 124/15);
• Law on Claim Securing („Official Gazette of Republic of Macedonia“no.87/07; and 31/16);
• („Official Gazette of Republic of Macedonia“no.18/01, 04/02, 05/03, 84/08, 81/09, 161/09, 123/13 and 123/13 and Obligations Law („Official Gazette of Republic of Macedonia“ no. 18/01, 04/02, 05/03, 84/08, 81/09, 161/09 and 123/13 and „Official Gazette of Republic of North Macedonia“ no.215/21 and 154/23);
• Law on Custom Measures for Implementation of Protection of Intellectual Property Rights („Official Gazette of Republic of Macedonia“no.88/15, 154/15, 192/15 and 23/16 and „Official Gazette of Republic of North Macedonia“ no.110/21);
• Law on Electronic Communications („Official Gazette of Republic of Macedonia“ no. 39/14, 188/14, 44/15, 193/15, 11/18, 21/18 and „Official Gazette of Republic of North Macedonia“ no. 98/19, 153/19, 92/21, 222/24 and 59/25)
• Law on Audio and Audiovisual Media Services („Official Gazette of Republic of Macedonia“ no. 184/13, 13/14, 44/14, 101/14, 132/14, 142/16, 132/17, 168/18, 248/18 and 27/19 and „Official Gazette of Republic of North Macedonia“ no. 42/20, 77/21, 154/23, 55/24 and 193/24)
• Crime Code („Official Gazette of Republic of Macedonia“ no. 37/96, 80/99, 4/02, 43/03, 19/04, 81/05, 60/06, 73/06, 7/08, 139/08, 114/09, 51/11, 135/11, 185/11, 142/12, 166/12, 55/13, 82/13, 14/14, 27/14, 28/14, 41/14, 115/14, 132/14, 160/14, 199/14, 196/15, 226/15, 97/17 and 248/18 and „Official Gazette of Republic of North Macedonia “ no.36/23 and 188/23);
• Crime Procedure Law („Official Gazette of Republic of Macedonia“ no.150/10, 100/12, 142/16 and 198/18);
• Misdemeanour Law („Official Gazette of Republic of North Macedonia“ no.96/19 and 253/23);

8) What should be taken into account when entering into licensing agreements for the use of digital content?

There are no specific rules for licensing agreements for the use of digital content. The provisions that are established for use of copyright content, in general, may apply also to this issue. The agreement for transfer of the material rights that is not concluded in a written form shall not produce legal effect and the same should contain, in particular, the type of the rights being transferred, their scope, exclusive or non-exclusive, the territory concerned by the transfer of rights, the duration of the transfer, and the author's remuneration. Any disputed or ambiguous provisions of this agreement shall be interpreted in the author's interest.

9) How can copyright infringement be monitored online, and what actions should be taken in response to detected instances of piracy?

Copyright infringement monitoring is not institutionally managed within the territory of the Republic of North Macedonia. However, article 163 of the Law on Copyright and Related Rights provides a possibility for copyright protection through implementation of certain technological measures (known as digital rights management (“DRM”). Such DRM could be any technology, computer programme, devices, or their components, which, during their normal operation, are intended to prevent and restrict actions that infringe rights established by the abovementioned law, without the authorization of the rights holder.

These DRM are considered effective if the rights holder enforces them through the application of controlled access or protection processes, such as encryption, distortion, or other types of modification of the work/copyright content, as well as through mechanisms for reproduction control.

A person is considered to infringe on an exclusive right defined by this law if they knew or should have known that they are undertaking any circumvention activities aimed at bypassing effective DRM that serve to protect that right.

An infringement of the exclusive rights established by this law is also considered to occur when a person manufactures, imports for the purpose of distribution, distributes, sells, rents, advertises for sale or rental, or possesses for commercial purposes technology, computer programs, devices, and their components, or provides unauthorized services related to any effective DRM that: (i.) are marketed, advertised, or sold for the purpose of circumventing DRM; (ii.) have only limited commercial purpose or use, except for circumvention; and (iii.) are primarily designed, produced, adapted, or operate to enable or facilitate the circumvention of DRM.

However, the effectiveness of DRM depends on the legal protection, subject of the legislation that governs this issue. 

10) What sanctions are provided for copyright infringement on the internet, and how can their enforcement be ensured?

The Law on Copyright and Related Rights does not contain specific provisions for sanctions for copyright infringement on the internet, However, the sanctions as provided in question 5 herein, would apply in this case as well. Any such sanction would be imposed via judicial procedure and/or if the person disturbing the copyright does not voluntarily remedy their actions, forced execution of a sanction could be available.