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.