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Law Firm Sajic Successfully Represented a Client in the Procedure of Establishing Copyright Infringement in Photography

The Law Firm SAJIC, from  Banja Luka, Bosnia and Herzegovina, successfully represented a client in the proceedings before the Sarajevo Municipal Court. In the case, related to the infringement of copyright, the court issued a judgment recognizing the plaintiff's rights, i.e. the author's moral and economic rights, which were violated by one of the largest media companies in BiH. Namely, the defendant without an authorisation published a plaintiff's photograph. Consequently, the court awarded damages of approximately EUR 4,000.00 for violations of the author's moral and economic rights.

This is a dispute over the publication of a photo taken by the plaintiff, a citizen of the Republic of Serbia, by an analogue camera in 1988. The defendant downloaded the photo from the Google's internet platform and published the same, without stating the author's name. The subject photo displays the figure of one of the most famous musicians of the former Yugoslavia and the frontman of one of the most popular music groups at the time. Throughout the proceedings, an attitude was taken that the defendant had to refrain from taking any action or activity that might infringe copyright since they did not determine with certainty the name of the author. The acting court accepted the claim.

Although this is a first instance court decision, it is very important to note that this decision is also one of the first decisions taken by the courts in Bosnia and Herzegovina regarding the protection of copyright in photography, especially considering the specificity of the case, and therefore making Bosnia and Herzegovina one of those countries whose courts consistently protect the author's rights.

The client was represented by Ognjen Bogdanic, senior associate of the Law Firm Sajic.

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Law Firm SAJIC from Banja Luka was founded on the basis of the legal practice initiated even in 1989 by the lawyer Stojanka Sajic. It is the first law firm in Bosnia and Herzegovina founded in the form of a general partnership in 2003 by Stojanka and Aleksandar Sajic.

The firm currently has 17 employees, out of which eight lawyers, six senior associates and trainees and three administrative assistants. The main qualities of the lawyers, as well as other employees, are the client and work commitment and constant tendency to achieve the highest standards of ethics and professional excellence.

The firm, lawyers, as well as all employees are covered by professional liability insurance in case of a damage caused to third parties with the total insurance amount of 2,751,852.80 BAM.

Our strategy is focused on continuous improvement and development of our services, cooperation and preservation of good business relationships with our clients, as well as employment of quality junior staff. Excellent business relationships with our clients are primarily based on constant communication, knowledge and long-standing legal practice, and all employees are focused on achieving and maintaining high quality legal services.

As a standard of business, as of 2009, the Law Firm SAJIC established the quality and organisation management system in accordance with the ISO 9001 standards for the provision of legal services.

Bosnia and Herzegovina

Banja Luka