Selected year snapshot
For 1993, the active event in this file is Zakon o autorskom pravu i srodnim pravima (1995).
?
Current rationale
Montenegro was part of the Federal Republic of Yugoslavia (Serbia and Montenegro) in 1990. The applicable copyright law at that time was the Yugoslav Copyright Act (Zakon o autorskom pravu) of 1978, as amended. After the dissolution of Yugoslavia, the Federal Republic of Yugoslavia adopted a new Law on Copyright and Related Rights in 1998 (Official Gazette of FRY No. 24/98). I was unable to retrieve the actual statutory text of either the 1978 Yugoslav law or the 1998 FRY law via web search to verify the specific exceptions and limitations relevant to research. Montenegro continued to apply the FRY copyright law until it adopted its own law in 2011. Without access to the verified statutory text of the law in force on 1990-01-01, classification cannot be reliably determined.
Law changes
Zakon o autorskom pravu i srodnim pravima (1995)
Baseline · Effective 1990-01-01
?
Dates: Effective 1990-01-01
Why this score
Montenegro was part of the Federal Republic of Yugoslavia (Serbia and Montenegro) in 1990. The applicable copyright law at that time was the Yugoslav Copyright Act (Zakon o autorskom pravu) of 1978, as amended. After the dissolution of Yugoslavia, the Federal Republic of Yugoslavia adopted a new Law on Copyright and Related Rights in 1998 (Official Gazette of FRY No. 24/98). I was unable to retrieve the actual statutory text of either the 1978 Yugoslav law or the 1998 FRY law via web search to verify the specific exceptions and limitations relevant to research. Montenegro continued to apply the FRY copyright law until it adopted its own law in 2011. Without access to the verified statutory text of the law in force on 1990-01-01, classification cannot be reliably determined.
Zakon o autorskom i srodnim pravima (Official Gazette of Montenegro No. 37/11)
Relevant update · Effective 2011-07-29
20%
Relevant section: ÄŒlan 46, ÄŒlan 47, ÄŒlan 48, ÄŒlan 49, ÄŒlan 50, ÄŒlan 54
Dates: Effective 2011-07-29 · Enacted 2011-07-15
Why this score
The 2011 Law introduced Montenegro's own copyright framework. Article 46 provides a private use exception allowing natural persons to reproduce published works for private use without authorization or payment. However, Article 47 excludes entire books (unless out of print for 2+ years), sheet music, electronic databases, computer programs, and architectural works from this private copying right. Article 48 permits reproduction for illustration for teaching or scientific research, to the extent justified by the purpose, with attribution — but this is limited to 'illustration' purposes and does not clearly authorize full-work reproduction. Article 54 allows libraries, educational institutions, museums, and archives to reproduce works from their own copies for preservation only. The most permissive exception for research is the combination of Art. 46 (private use — full works for natural persons) and Art. 48 (scientific research illustration). Art. 46 permits full-work reproduction but excludes several categories of works (entire books unless out of print 2+ years, sheet music, databases, computer programs, architectural works). This exclusion of specific work categories from full-work reproduction maps to ORANGE. The law is silent on sharing/communication for research purposes. Non-commercial restriction in Art. 46 is classification-neutral.
Exceptions considered
Private use exception: natural persons may reproduce published works for private use without authorization or payment, provided no direct or indirect economic benefit.
Exclusions from private use: entire books (unless out of print 2+ years), sheet music, electronic databases, computer programs, architectural works.
Reproduction for illustration for teaching or scientific research, to the extent justified by the purpose, with attribution.
Libraries, educational institutions, museums, and archives may reproduce works from their own copies for preservation purposes.
Quotation exception: permitted to quote excerpts of a published work for purposes of scientific research, teaching, criticism, review, or polemic, to the extent justified by the purpose.
English rendering
[Unofficial translation]: Article 46 – A natural person may, without the authorization of the author and without payment of remuneration, reproduce a published work for private use, provided that this does not serve directly or indirectly for achieving economic benefit. Article 47 – The provision of Article 46 of this Law shall not apply to: 1) written works reproduced in the extent of the entire book, unless the copies of the book have been sold out for at least two years; 2) graphic editions of musical works (sheet music); 3) electronic databases; 4) computer programs, except in cases referred to in Article 113 of this Law; 5) architectural works in the form of buildings and other structures. Article 48 – It shall be permitted, without the authorization of the author and without payment of remuneration, to reproduce a work for the purpose of illustration for teaching or scientific research, to the extent justified by the purpose to be achieved, provided that the source and the authorship of the work are indicated, unless this turns out to be impossible. Article 54 – Public libraries, educational institutions, museums and archives may, without the authorization of the author and without payment of remuneration, reproduce a work from their own copy for the purpose of preserving the copy of the work.
Source links
Zakon o izmjenama i dopunama Zakona o autorskom i srodnim pravima (Official Gazette of Montenegro No. 48/24)
Relevant update · Effective 2024-06-15
20%
Relevant section: ÄŒlan 46, ÄŒlan 47
Dates: Effective 2024-06-15 · Enacted 2024-05-13
Why this score
The May 2024 amendments (OG 48/24) primarily addressed accessibility for disabled persons (Marrakesh Treaty implementation) and cable retransmission rules. These amendments did not change the research, private use, or scientific research exceptions in Articles 46-48. The overall classification remains ORANGE because the private use exception (Art. 46) still permits full-work reproduction for natural persons but excludes entire books (unless out of print 2+ years), sheet music, databases, computer programs, and architectural works (Art. 47). The scientific research illustration exception (Art. 48) remains limited to excerpts/illustration. No TDM exception was introduced in this amendment.
Exceptions considered
Private use exception: natural persons may reproduce published works for private use without authorization or payment, provided no direct or indirect economic benefit.
Exclusions from private use: entire books (unless out of print 2+ years), sheet music, electronic databases, computer programs, architectural works.
Reproduction for illustration for teaching or scientific research, to the extent justified by the purpose, with attribution.
Libraries, educational institutions, museums, and archives may reproduce works from their own copies for preservation purposes.
Quotation exception for scientific research, teaching, criticism, review, polemic.
Accessible format copies for visually impaired persons and authorized institutions (Marrakesh Treaty implementation).
English rendering
[Unofficial translation]: Under the revised Copyright Law, a User (person who is blind, visually impaired, or has other difficulties using printed materials), or someone acting on their behalf, is permitted to create an accessible format copy of a copyrighted product without obtaining the appropriate rights or paying compensation, provided the User has legal access to it. Certain institutions (Authorised Persons) are allowed to create accessible format copies and distribute them to Users on a non-profit basis.
Source links
Zakon o izmjenama i dopunama Zakona o autorskom i srodnim pravima (Official Gazette of Montenegro No. 84/24)
Relevant update · Effective 2024-10-24
20%
Relevant section: ÄŒlan 48a, ÄŒlan 48b, ÄŒlan 113a
Dates: Effective 2024-10-24 · Enacted 2024-10-14
Why this score
The October 2024 amendments (OG 84/24, entering into force 24 October 2024) transposed key elements of EU Directive 2019/790 (DSM Directive). New Art. 48a creates a TDM exception for research organisations and cultural heritage institutions allowing reproduction for scientific research TDM without fee. New Art. 48b creates a general TDM exception for anyone with lawful access, allowing reproduction for TDM, but subject to rightsholder opt-out (express reservation of rights). Art. 113a extends TDM rights to software. These TDM exceptions cover reproduction only, not communication/sharing. Art. 48a is limited to institutions (PURPLE for users) but covers all works for TDM reproduction. Art. 48b is open to any user but covers reproduction only and is subject to opt-out. The pre-existing private use exception (Art. 46) still permits full-work reproduction for natural persons but excludes entire books (unless out of print 2+ years), sheet music, databases, computer programs, and architectural works (Art. 47). Evaluating all exceptions: (1) Art. 48b TDM — any user, reproduction only, all works = BLUE, but subject to opt-out which does not change classification per rules; (2) Art. 48a TDM for research — institutions only, reproduction only, all works = PURPLE; (3) Art. 46 private use — natural persons, reproduction, excludes certain work categories = ORANGE; (4) Art. 48 scientific research illustration — limited to excerpts = RED. The most permissive exception is now Art. 48b (general TDM): any user, all works, reproduction only = BLUE. However, the opt-out mechanism means rightsholders can expressly reserve rights, which could limit availability. Per the classification rules, the opt-out does not change the color (it is analogous to a proportionality qualifier). But re-examining: the opt-out in Art. 48b means the exception only applies where the rightsholder has NOT expressly reserved rights. This is a substantive limitation on scope. Nevertheless, per the instructions, this is treated similarly to lawful access requirements and does not change classification. The most permissive exception for research use involving reproduction of whole works is Art. 48b (TDM for any user, all works, reproduction only) = BLUE. However, Art. 48b is specifically for TDM purposes, not general research reproduction. For general research reproduction, Art. 46 (private use) remains the most permissive but is ORANGE due to work exclusions. Since Art. 48b covers reproduction of full works of all types for any user (for TDM), and TDM is a research-related purpose, the overall classification should be BLUE. Reassessing: BLUE requires reproduction of full works for research-related purposes, open to all works and all users, but no sharing. Art. 48b meets this for TDM purposes. The overall status is BLUE.
Exceptions considered
General TDM exception: anyone with lawful access may reproduce works for text and data mining without fee, subject to rightsholder opt-out.
TDM for research organisations and cultural heritage institutions: may reproduce lawfully accessible works for scientific research TDM without fee, no opt-out.
Software TDM exception: anyone with lawful access may reproduce, alter, translate, adapt, or modify software for TDM.
Private use exception: natural persons may reproduce published works for private use without authorization or payment.
Exclusions from private use: entire books (unless out of print 2+ years), sheet music, electronic databases, computer programs, architectural works.
Reproduction for illustration for teaching or scientific research, to the extent justified by the purpose.
Libraries, educational institutions, museums, and archives may reproduce works from their own copies for preservation.
Quotation exception for scientific research, teaching, criticism, review, polemic.
English rendering
[Unofficial translation]: Article 48a – Research organisations and cultural heritage institutions may reproduce lawfully accessible works in order to carry out, for the purposes of scientific research, text and data mining of works without any obligation to pay a fee. Article 48b – Anyone with lawful access to copyrighted works may reproduce the work for the purpose of text and data mining without paying a fee. However, this exception is limited, insofar as the rightsholder may expressly reserve the right of reproduction. Article 113a – Anyone with lawful access to works protected by copyright may, for the purpose of data and text mining, reproduce, alter, translate, adapt, or modify software in part or in whole.
Source links
Zakon o autorskom i srodnim pravima (Official Gazette of Montenegro No. 37/11, 53/16, 145/21, 48/24, 84/24, 100/24)
Current law confirmation · Effective 2024-10-24
80%
Relevant section: ÄŒlan 46, ÄŒlan 47, ÄŒlan 48, ÄŒlan 48a, ÄŒlan 48b, ÄŒlan 49, ÄŒlan 54, ÄŒlan 113a
Dates: Effective 2024-10-24
Why this score
As of 2025, the most permissive research-relevant exception in Montenegrin copyright law is Art. 48b, the general TDM exception introduced by the October 2024 amendments. This permits any user with lawful access to reproduce copyrighted works (of all types) for text and data mining purposes without payment, subject to rightsholder opt-out. This covers reproduction only — not communication, sharing, or making available. It applies to all works and all users. This maps to BLUE (reproduction of full works, all works, all users, no sharing). Art. 48a provides a stronger TDM right for research organisations and cultural heritage institutions (no opt-out), but is limited to institutions (PURPLE for users). Art. 46 (private use) permits full-work reproduction for natural persons but excludes several work categories (ORANGE). Art. 48 (scientific research illustration) is limited to excerpts (RED). Art. 49 (quotation) is limited to excerpts (RED). Art. 54 (library preservation) is limited to preservation (PURPLE). The opt-out mechanism in Art. 48b and the lawful access requirement are classification-neutral per the rules. Overall classification: BLUE.
Exceptions considered
General TDM exception: anyone with lawful access may reproduce works for text and data mining without fee, subject to rightsholder opt-out.
TDM for research organisations and cultural heritage institutions: may reproduce lawfully accessible works for scientific research TDM without fee, no opt-out.
Software TDM exception: anyone with lawful access may reproduce, alter, translate, adapt, or modify software for TDM.
Private use exception: natural persons may reproduce published works for private use without authorization or payment, no economic benefit.
Exclusions from private use: entire books (unless out of print 2+ years), sheet music, electronic databases, computer programs, architectural works.
Reproduction for illustration for teaching or scientific research, to the extent justified by the purpose, with attribution.
Libraries, educational institutions, museums, and archives may reproduce works from their own copies for preservation.
Quotation exception for scientific research, teaching, criticism, review, polemic — limited to excerpts.
English rendering
[Unofficial translation]: Article 46 – A natural person may, without the authorization of the author and without payment of remuneration, reproduce a published work for private use, provided that this does not serve directly or indirectly for achieving economic benefit. Article 47 – The provision of Article 46 shall not apply to: 1) written works reproduced in the extent of the entire book, unless the copies have been sold out for at least two years; 2) graphic editions of musical works; 3) electronic databases; 4) computer programs; 5) architectural works in the form of buildings. Article 48 – It shall be permitted to reproduce a work for the purpose of illustration for teaching or scientific research, to the extent justified by the purpose, with attribution. Article 48a – Research organisations and cultural heritage institutions may reproduce lawfully accessible works for scientific research text and data mining without fee. Article 48b – Anyone with lawful access to copyrighted works may reproduce the work for text and data mining without fee, subject to rightsholder opt-out. Article 113a – Anyone with lawful access may reproduce, alter, translate, adapt, or modify software for text and data mining.