SEVERINA: Victim of mass voyeurism or author
On December 12, the Croatian court audience will be able to watch in the courtroom the pinnacle of the creative work of their beautiful and, as it turns out, expensive Seva Nacional. Namely, in the Commercial Court in Zagreb, in the case of Severina Vučković, a singer and recently a film author, against "Prva stranje doo", i.e. the author of the web portal Index.hr, evidence will be presented, i.e. "videogram" with which she supports her claim. To put it more simply: those present in the courtroom will be shown what the whole of Croatia, the former Yugoslavia and beyond, has already seen, 11 minutes of what people have been doing since the beginning of time, sex, that is, and what - there - A girl sa sela advanced to a true artistic and author's work and thus probably indebted future generations. One would say: a small fuck for her, a big one for humanity.
Mala Beads je give it - was confirmed on May 31 of this year, when five photos appeared on the Index.hr portal, the so-called screenshots, on which the national heroine is in sexual poses with her ex-lover Milan Lučić, a Herzegovinian tycoon who lives on the Zagreb-Ljubuški route, and is the brother of Ivo Lučić, who is linked to numerous intelligence affairs from the time of Franjo Tuđman and his junior Miroslav. Immediately after publication, upon the intervention of Severina's manager Tomislav Petrović, the recordings were taken down from the portal, but it was already too late: the matter broke and many people got hold of the amateur video, so the very next day you could not even walk around Belgrade without not every few meters saw at least one disc dealer with the title "Seve porno".
After the sex, there was crying in front of the cameras. "The recording that was distributed these days is my private property, it was recorded two years ago and in the meantime it was stolen." I don't want to comment on the video, because I consider it a part of my private life. All people who are in a relationship and who love each other know what is happening within their four walls. After all, that's how we were all born. For me, it's long overdue, but unfortunately for the people who stole the video, it's clearly not," Severina said at the time.
In the meantime, "a long-overdue matter" reached the High Commercial Court in Zagreb, which - at her request - passed a decision on a temporary measure prohibiting the further reproduction and distribution of the video, but Severina folded the plate and sued the owner of the Index.hr portal for violation of the right to privacy, but also due to the violation of the author's work - for which she is requesting a compensation of around 10.000 euros - considering that she "did not intend to publish or make available to the public in any way" her author's work, i.e. 11 minutes of sex. Evidence will be presented to the court, according to the lawsuit, that "the injured party, SV, as the plaintiff, is the author of the previous setup, start and stop of the camera recording, which is the original intellectual creation," and "she created the copyrighted work in question as a joint author's work with Milan Lučić." ", because "the whole time they both independently choose their positions in front of the camera".
According to Severina's lawyers, Toni Nobil and Maro Mihočević, all three conditions of an author's work are fulfilled, cumulatively, as the Law on Copyright and Related Rights says: it is an original intellectual creation, from the literary, scientific or artistic field that has an individual character , regardless of the manner and form of expression, type, value and purpose. Few can object to the third – individual – really. However, the lawyer of the defendant, Milivoje Žugić, has some doubts, and denies that the videogram attached to the file is an author's work: "It is not clear that there would be anything original, let alone intellectual," says Žugić in his response to the lawsuit, stating that "everything is in the domain completely classic and already seen a million times sex", even regardless of the fact that this work caused real ecstasy among some, such as the theater critic Tomislav Čadež, who established that the main actress "even in the most delicate scenes of oral sex seems dedicated, in love and feminine". Žugić thinks the opposite, so in his response to the lawsuit he has a proposal: that in the proceedings an expert examination of the originality of the author's sexual work "by an expert sexologist appointed by the court", and at the first hearing he formulated the sexologist's task even more clearly: to establish "whether there is porn in Severina's - the debut of some novelties".
The defendant also wonders what about the co-author of the artwork: if he is also an author along with Severina, and it appears from the film and her lawsuit that he is, then according to the letter of the law he must appear as a necessary rival on the plaintiff's side. But alas, Lučić is not even a weed in court. And the legally most important one: the resolution of the question to which one amount of the requested damages, about ten thousand euros, refers to the violated moral or property right, or both?, because it is not clear from the lawsuit. At the same time, proceedings are being conducted against the defendant, namely, for violation of the right to privacy, in which Severina is seeking compensation of around 16.600 euros, and the law expressly states that copyright and the right to privacy are mutually incompatible. Žugić also quotes prof. Igor Glihu, an expert in the field: "The right of the program producer and the right of the videogram producer, in contrast to copyright and performance rights, are purely property rights", and "the videogram producer has no right to compensation for non-material damage", which Seve Nacionale, the author of the original videogram, he is currently seeking in the proceedings for violation of the right to privacy.
But, as it seems, the defendants in Croatia still had a good time, because Severina's appetites grew, and because of the showing of parts of her original porn (about 20 seconds shown in the form of photos and censored video clips), from the Radio Television of Slovenia and the private Pop TV is asking for as much as 320.000 euros. Zealous Indexovci have calculated that the most famous porn debutante, due to "mental pain and loss of income due to the cancellation of concerts, as well as the violation of her copyright", demands from those Slovenian television stations around HRK 70.000, or slightly less than ten thousand euros, per second of broadcast porn. - work! A further calculation shows that the value of RTV Slovenia's compensation claim amounts to approximately 71 minutes of advertising in the most expensive time slot, between 19 and 20 p.m., and when it comes to Pop TV, the "heavy" compensation claim against them is 22 minutes in the most expensive advertising time slot. .
Original, artistic and individual, nothing!
