Betting shops: AMUS demands fees for music, even though we don't have radios in our branches

"Association of Composers - Music Creators" (AMUS) and "RSA Gaming d.o.o." Banja Luka" have signed an agreement on the use of copyrighted music works in gambling halls.

Article 1 of this agreement states that the Agreement also applies to all similar users from this category in the BiH entity of Republika Srpska, while in Article 13, AMUS invited all similar users from RS to come forward to conclude an individual agreement. Simply put, AMUS is inviting betting shops to sign agreements and pay fees for the use of music in their business premises.

According to this agreement, the fee for public reproduction of music works in gambling halls amounts to 50 KM per month for casinos, 30 KM for slot machines in special clubs, and 15 KM for betting shops, per each betting terminal. This means that AMUS could collect over 326,000 KM annually from gambling operators in RS alone from 1,406 locations. This price does not include VAT.

Private operators claim that there is no basis for this agreement to apply to them, but only to "RSA Gaming" which signed the agreement with AMUS.

Betting operators emphasize that their business is providing gambling services, and that is what generates their income, not playing music in their branches.

"We do not have radios in our locations, nor do we play music publicly, nor do we need music at all to conduct our business," claim private betting shops.

According to them, this is a continuation of repression against domestic private betting shops.

"The founder of AMUS is musician Dino Merlin. The company 'RSA Gaming d.o.o.' was founded by the company 'Novo RS d.o.o.', whose owner is the Austrian concern Novomatic, which for more than a year and a half has been linked to dishonest practices and collusion with domestic politicians in BiH, all with the aim of taking over the BiH gambling market, in which it already has a significant share. It remains to be seen what will come of this Agreement signed by AMUS with RSA Gaming, but we fear it is a preparation for a new form of repression against domestic private betting shops," claim the betting shops, adding that "only those business entities that use music for their business and conclude an agreement with AMUS should pay copyright fees."

In a ruling dated March 30, 2017, the Municipal Court in Sarajevo rejected AMUS's lawsuit against the company Hoteli Ilidža d.d. for copyright infringement and author's fees, amounting to 164,480.71 KM. The fact is that Hoteli Ilidža d.d. publicly plays music in its premises, but the Municipal Court in Sarajevo still rejected the lawsuit. As the reason for the verdict, the court cited the fact that AMUS and Hoteli Ilidža do not have a signed agreement, nor does AMUS have a signed agreement with the Association of Hoteliers and Restaurateurs, of which Hoteli Ilidža is a member, writes NAP.