Introduction
Organizing concerts is not only a creative and cultural endeavour but also a complex legal process. In the Republic of Srpska, concert organizers face a range of legal obligations and risks: from legal regulations on public gatherings and safety, through the protection of copyright, to contracts with performers and insurance. The aim of this text is to analyse the main legal aspects involved in organizing concerts in the Republic of Srpska, highlighting regulatory obligations, the institutional framework, and legal challenges.
Legal Framework in the Republic of Srpska relevant to concerts
- Cultural Legislation
One of the fundamental laws relevant to the organization of cultural events is the Law on Culture of the Republic of Srpska. This law regulates the public interest in culture, the rights and obligations of entities operating in the cultural sector, as well as the procedure for co-financing cultural programs.
Through the Law on Culture, it is possible to obtain support from local authorities (municipalities, cities) or entity-level institutions for co-financing events, including concerts. This involves public calls, project applications, and compliance with the criteria of the cultural policy of the Republic of Srpska.
- Law on Audiovisual Activities
The organization of concerts may fall under audiovisual activities, especially if the concerts are recorded, broadcast live, or include a significant visual element (e.g., stage spectacle). For this reason, it is important to consider the Law on Audiovisual Activities of the Republic of Srpska. This law regulates the production, presentation, financing, and promotion of audiovisual works, as well as performers’ rights, which may affect contracts with performers, as well as rights related to recording and distributing concerts.
- Law on Associations
Many concerts are organized by citizens’ associations (e.g., cultural associations or nonprofit organizations). In this context, the Law on Associations and Foundations of the Republic of Srpska applies, which governs the establishment, registration, and operation of associations.
Under this law, associations may generate income, but any surplus of revenue over expenses must be reinvested into the activities of the organization. This is important when planning a concert budget – if the organizer is not a commercial company but generates profit, that surplus cannot be distributed to private individuals; instead, it must remain within the association.
- Law on Public Gatherings
The organization of a concert is, by its nature, a public event and is therefore subject to the Law on Public Gatherings of the Republic of Srpska (“Official Gazette of RS,” No. 118/08). Under this law, the organizer must notify the competent authorities of the gathering. The notification must include key information: location, time, estimated number of participants, safety measures, security staff, first aid arrangements, and similar details.
The law also sets out the obligations of the organizer: providing security staff, medical protection, fire safety measures, and submitting a list of security staff with their personal information.
- Law on Public Order and Peace
During the concert, due to the considerable number of people and potential safety risks, violations of public order and peace may occur. In such cases, the Law on Public Order and Peace of the Republic of Srpska applies.
Offenses (e.g., noise, mass gathering without permission, failure to follow safety rules) may result in sanctions under this law, and the organizer may be held liable for violations and omissions.
- Contracts and Corporate Law
A concert organizer will typically conclude a series of contracts: with performers (musicians, bands), technical teams (sound, lighting), venues (stadiums, halls), and service providers (security staff, cleaning, first aid). It is necessary to clearly regulate rights and obligations (fees, cancellation periods, responsibilities).
If the organizer operates as a legal entity (a company), they must comply with corporate and tax regulations: company registration, issuing invoices, paying taxes. In the case of associations, the regulations governing associations apply, including the previously mentioned Law on Associations of the Republic of Srpska.
- Insurance and Risks
The risks associated with concerts (injuries, damage to equipment, liability toward the audience) often require insurance (event insurance, liability insurance). Although the Republic of Srpska does not mandate compulsory insurance for every concert, it is considered good practice for organizers to insure the event in order to protect themselves from potential lawsuits and financial losses.
Additionally, in cases of security failures, the organizer may bear legal consequences if they have not fulfilled the obligations prescribed by the Law on Public Gatherings or the Law on Public Order and Peace.
- Financing and Co-Financing
Organizers may seek co-financing from local or entity-level authorities (ministries, municipalities) through projects supported under the Law on Culture. This creates an obligation to prepare project documentation, a budget, and a report after the event.
When applying for projects, it is important to comply with public call procedures: transparency, timeliness, and alignment of the program with the cultural objectives of the Republic of Srpska.
Challenges and Legal Risks
- Complexity of Regulations:
An organizer must comply with several laws (culture, audiovisual activities, public gatherings, public order), which can be legally demanding and costly, especially for smaller organizers. - Administrative Burden:
Reporting the gathering, providing security staff, medical protection, and other measures may pose a significant administrative and financial burden. - Liability:
If an incident occurs (e.g., an injury to a visitor), organizers may be liable under contractual obligations, public safety regulations, or misdemeanour law. - Copyright:
Incorrect payment or handling copyright may lead to legal disputes with authors, copyright protection organizations, or performers. - Financial Uncertainty:
If reliant on co-financing, the organizer may depend on institutional budgets and competition outcomes, which carries the risk that the project may not be approved or that the granted co-financing may be lower than planned. - Safety Regulations:
Failure to comply with safety standards (evacuation, fire protection) may lead to serious consequences.
Recommendations for Organizers
- Legal Preparation:
Engage a legal advisor familiar with the laws of the Republic of Srpska (especially the Law on Public Gatherings and the Law on Culture) to prepare all necessary applications and contracts. - Risk and Insurance:
Include event insurance in the concert budget. - Copyright:
Negotiate early with copyright organizations and performers to secure licenses for performance and recording. - Cooperation with Local Authorities:
Actively seek co-financing from cultural institutions but also maintain a backup plan in case funding is not approved. - Safety Measures:
Plan safety aspects (security staff, first aid, evacuation) and clearly include them in the gathering notification. - Transparency:
Follow legal procedures, especially regarding applications and reporting, to avoid legal issues and ensure public trust.
Conclusion
Organizing concerts in the Republic of Srpska involves a wide range of legal aspects and obligations. From regulations on public gatherings and cultural activities to copyright protection and insurance, the legal framework is complex and multilayered. However, with solid legal preparation, clear procedures, and partnership with local and entity institutions, these challenges can be effectively managed. For a concert organizer, understanding legal aspects is not merely a formality – it is essential for the success, safety, and sustainability of cultural events.
Author: Aleksandar Sajic
E-mail: aleksandar@afsajic.com
