Letter from the Institute for Intellectual Property to the governing bodies of AMUS
On February 3, 2021, the Institute for Intellectual Property of Bosnia and Herzegovina sent an e-mail to the governing bodies of the Association of Composers - Music Makers (AMUS):
The Institute for Intellectual Property of Bosnia and Herzegovina received on February 1, 2021, by e-mail, from the Secretary of AMUS, a notice of the AMUS Steering Committee meeting, which is scheduled for 05/02/2021, with the agenda and materials for the session attached.
By insight into the submitted documentation, i.e. the minutes from the session of the Steering Committee of AMUS held on January 14, 2021, we have determined that the electronic statements of AMUS members are planned again, although you have been warned several times by the Ministry of Justice of BiH and the Institute that such a statement is not provided by the AMUS Statute, and that decisions made in this way are not legally valid, which is also confirmed by the judgments of the Court of Bosnia and Herzegovina.
By examining the minutes from the sessions of the AMUS Steering Committee, it was determined that members entered in the Register of the Ministry of Justice participate in the sessions of the Steering Committee, as well as those who are not in the Register, which is a violation of the AMUS Statute (stipulating the number of Steering Committee members) and the Law on Associations and Foundations of BiH, which stipulates that, in the event of changes in the facts entered in the register, the registered association or foundation shall not take any action in legal transactions before decision is made or facts relating to the change are entered in the register.
Also, it was determined that the AMUS Professional Service does not submit the draft Record on supervision of AMUS operations to the members of the Steering Committee and Supervisory Board, although the Institute always states in the accompanying act that the Record is to be submitted to the President of the Assembly, Steering Committee and Supervisory Board, and the director of the AMUS Professional Service. We deem that the governing bodies of AMUS should get acquainted with the Record on the supervision of the operations of the collective organization they manage and should present their statements on the draft Record.
AMUS management continues to operate contrary to the orders of the Court of Bosnia and Herzegovina, the BiH Ministry of Justice and the Institute for Intellectual Property of BiH, which may ultimately lead to the revocation of AMUS license to collectively manage the rights of authors of musical works and to irreparable damages for 1000 authors that exercise their copyright through the collective organization AMUS, as well as to the collapse of the established system for collecting fees for the use of copyrighted works.INSTITUTE FOR INTELLECTUAL PROPERTY OF BOSNIA AND HERZEGOVINA