Sarajevo's City Government Says No One Can Use The Name 'Sarajevo' Without Its Permission

from the Sarajevo:-Where-the-Name-Sarajevo-Goes-to-Die dept

Fri, Jan 26th 2018 3:29am — Tim Cushing

The city of Sarajevo passed a law in 2000 forbidding anyone but the city of Sarajevo from using the name Sarajevo. Not much has been said about it because the Sarajevo city council hasn't done much about it. But recently owners of Facebook pages containing the word "Sarajevo" have been receiving legal threats from the city's government.

Sarajevo resident Aleksandar Todorović wrote a long blog post detailing the stupidity of this law, which contains firsthand accounts of Facebook page owners who've been threatened with criminal proceedings for failing to secure permission to use the name of a city on their pages. As Todorović notes, his blog post is illegal, simply because it hasn't been pre-approved by Sarajevo's city council.

The law can be read here (and loosely translated by Google). It basically states the city owns the name and all others wishing to use it must ask the city council for permission before using it. It also states there are some requests that just aren't going to be granted.

The use of the name of the City of Sarajevo may be granted to legal entities for the purpose of entering the company or the name of the legal person and the name of the product, if their activity does not violate the reputation of the City of Sarajevo and contributes to its affirmation.

If an entity uses the name Sarajevo, it can face fines for not asking permission first.

Legal persons and natural persons who use the coat of arms and the name of the City of Sarajevo without the approval of the competent authority or who, contrary to the given authorization and this decision, misuse the coat of arms and the name of the City of Sarajevo, shall compensate the City of Sarajevo for any damage caused by such behavior.

There is no statutory limit to damages the city can assess. The following paragraphs leave that to courts to decide, following input from the city on the amount of "damage" it has sustained from unauthorized use of the city's name.

Those obtaining permission may dodge being assessed for damages, but that doesn't mean they won't be paying anything. The city will license its name to approved parties for an annual fee ranging from ~$60-3,000 a year, depending on the financial health of the entity. (The law gives non-profit entities the low end. The other ranges are determined by the number of people employed by companies using the city's name.)

For years, this law has been dormant. But for whatever reason, Sarajevo's government has started cracking down on Facebook pages using the city's name.

The administrator of [a] Facebook page [Sarajevo Forever] published a Facebook status containing this text on January 18th:

I have received a threatening letter from the city’s government in which they are warning me that I have to pay them a certain amount of money for the usage of the name Sarajevo in the name of my Facebook page. If I don’t start paying them, they will start their Facebook teams and contact the court so that they could shut down my Facebook profile.

According to that same author, this Facebook page isn’t the only one that got this message:

All other Facebook pages that promote the city and have the noun Sarajevo in its name got the identical threats.

And so, all of this is very real. The city council in Sarajevo contains full ownership over the name Sarajevo, in a legally-binding decision based upon an article of the law that defines what a city is, and the city’s Statute, which claims that the usage of the city’s symbols (but does not mention the name of the city as its symbol) are to be controlled by a separate legally-binding document published by the city’s council.

Those receiving quasi-C&Ds from the city of Sarajevo were told to respond within seven days or be faced with possible criminal prosecution. Those threats have now been dismissed by the city. Maybe someone up top had second thoughts or experienced a little backlash. Whatever the case, the city has now granted all Facebook pages permission to use the city's name without having to pay fees or face criminal charges. There's been no amendment to the city's statute, so this unofficial waiver could be revoked at any time.

As Todorović notes in his lawbreaking blog post, this law is every bit as stupid as other overreaching efforts at the intersection of government entities and intellectual property. He compares it to the European Union's decision to grant exclusive control of images of the Eiffel Tower at night to the country of France, thus banning anyone from photographing the tower after dark -- or at least preventing them from marketing or distributing these photos.

It may be the law was written to extract licensing fees from companies using the word "Sarajevo" in their names. It's still a stupid idea but that would have at least made sense in the way most licensing requirements work. But it's written to include both businesses and private individuals and it would apparently cover the name of city used descriptively to designate the location where things occurred -- like blog posts about stupid laws the city of Sarajevo has passed. City governments have no business trying to "own" their cities' names. Hopefully Todorović's post will gain enough traction the city council will be forced to scuttle this supremely stupid law. If a law turns you into a cartoonish supervillain the moment you try to enforce it, it's probably not worth the trouble to keep it on the books.

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Filed Under: city names, intellectual property, sarajevo, sarajevo sarajevo, sarajevo sarajevo sarajevo, sarajevo sarajevo sarajevo sarajevo, sarajevo sarajevo sarajevo sarajevo sarajevo, sarajevo sarajevo sarajevo sarajevo sarajevo sarajevo

49 Comments

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Reader Comments

The First Word

“

How far does a city's jurisdiction run?

I mean, if they have no authority beyond the city limits, and the Facebook page is not hosted on a server inside those limits, how exactly can they impose fines or send cease & desist letters that have any legal force to them whatsoever?

It seems to me to be the same issue as that Canadian court issuing global orders and expecting them to be carried out even in places where obeying the order would be illegal.

But this takes it a step further -- Google at least does business in Canada. How much authority can the City of Sarajevo exert over someone who is not inside their jurisdiction, never has been inside it, and possibly never will be inside it?

—Bergman

”

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David, 26 Jan 2018 @ 3:45am

Who better than Sarajevo?
Here is where World War One started, and copyrights and its ilk (this seems vaguely like trademark related but the law in question clearly exceeds the scope of that) are what World War Three will be about.
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Yes,I know I'm commenting anonymously, 26 Jan 2018 @ 3:55am

the sheer incompetence

Legal persons and natural persons who use the coat of arms and the name of the City of Sarajevo without the approval of the competent authority or who, contrary to the given authorization and this decision, misuse the coat of arms and the name of the City of Sarajevo, shall compensate the City of Sarajevo for any damage caused by such behavior. (emphasis mine)

Tey wrote a law that can be literally interpreted to only apply when two conditions are met. If one refrains from using both, one is within the law. A good example of lawmakers not thinking about wording, to their own detriment.
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Anonymous Coward, 26 Jan 2018 @ 4:26am

Sarajevo already has the assassination that launched World War I tied to it as well as the Siege of Sarajevo in the 90s Bosnian War firmly planting the city's name in every history book and their worried about damage from Facebook? Will they go after Trans-Siberian Orchestra for the song 'Sarajevo 12/24'?
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ThaumaTechnician (profile), 26 Jan 2018 @ 4:47am

Up next...
A law about the pronunciation of "chowdah".
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ryuugami, 26 Jan 2018 @ 5:01am

I actually LOL'd
Oh god that tag box... Touche, Mr. Cushing. Touche.
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Anonymous Coward, 26 Jan 2018 @ 5:06am

Re: the sheer incompetence
Just speaking for my anonymous self, I wouldn't put to much weight on the fidelity of a Google translation of a legal claim.
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Stephen T. Stone (profile), 26 Jan 2018 @ 5:46am

Re: Up next...
IT’S CHOW-DER!
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Sarajevo Sucks AIDS infected donkey dicks, 26 Jan 2018 @ 5:51am

Name says it all.
The name has been used without license for how many years?
They ain't got a leg to stand on, especially after the citizens rise up and whip the council with their wet spaghetti noodles.
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SSAIDD, 26 Jan 2018 @ 5:54am

Re: Name says it all.
Sorry if that was over the top, my fever addled brain hit submit before thinking.
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Sarajevo, 26 Jan 2018 @ 6:49am

Come at me.
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Anonymous Coward, 26 Jan 2018 @ 7:19am

This is where we desperately need Carol Kane
On loop, yelling "Sarajevo! Humpberdinck! Sarajevo! Humperdinck!" at Billy Crystal.
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Roger Strong (profile), 26 Jan 2018 @ 7:54am

from the Sarajevo:-Where-the-Name-Sarajevo-Goes-to-Die dept

Alternatively, Sarajevo:-the-Spot-on-the-Venn-Diagram-Where-Copyright-Defamation-and-the-Right-to-be-Forgotten-Meet dept.
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Anonymous Coward, 26 Jan 2018 @ 7:55am

Re: the sheer incompetence
"A good example of lawmakers not thinking about wording, to their own detriment."

sounds to me like this was the exact intention.

When it comes to government, only a fool believes in this saying "Never attribute to malice what is sufficiently explained by stupidity"

When it comes to government, never assume stupidity because malice is far more prevalent!
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Pixelation, 26 Jan 2018 @ 8:01am

Simple answer
Remove any mention of Sarajevo from the internet.
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Roger Strong (profile), 26 Jan 2018 @ 8:29am

Re: Simple answer
You just mentioned Sarajevo, but good idea.

[...]

Dammit.
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Anonymous Anonymous Coward (profile), 26 Jan 2018 @ 8:33am

Re: Simple answer
Better than that, remove Sarajevo from maps, charts, directions, airline destinations, train schedules, birth records, passports, street addresses, id cards, phone books, etc.. See how that impacts their trade, including the loss of tourists. Do tourists even go to Sarajevo anymore? They certainly won't if they cannot find it.
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Richard (profile), 26 Jan 2018 @ 8:53am

Re:
Not to mention the immovable object vs the irresistable force then they come into conflict with the IOC over Sarayevo Winter Olympics 1984.
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Mark (profile), 26 Jan 2018 @ 9:13am

Could be worse...
Years ago, someone alleged:
Reproduction without the express permission of MS Magazine is strictly prohibited.
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Anonymous Coward, 26 Jan 2018 @ 9:18am

Re: Re: Simple answer
I was wondering about that point - how to warn people not to use the name S******* without actually using the name S******** raises issues about whether metadata is capable of being a criminal offence, at least in S*******.
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Anonymous Coward, 26 Jan 2018 @ 9:20am

Re: I actually LOL'd
The legend goes if you say "Sarajevo" six times at a mirror in a dark public restroom, Franz Ferdinand will appear and sing a Prince song, triggering a copyright strike.
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Oblate (profile), 26 Jan 2018 @ 10:48am

The only way to handle this...
I'm going to open a restaurant called "Sarajevo Olympic Taqueria"* with the slogan "where e-mail was invented" and let their lawyers fight to the death over who gets to file first.

*using taqueria to avoid brand confusion
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orbitalinsertion (profile), 26 Jan 2018 @ 11:45am

Re: Re:
First thing i thought of also. What a pair these two institutions could be.
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orbitalinsertion (profile), 26 Jan 2018 @ 11:53am

Re: Re: Re: Simple answer
The City Which Shall Not Be Named.

This would be a hideous postal address, but safe, i suppose. It's going to be hell for tourism. Što da radimo na odmoru? Come to the City Which Shall Not Be Named. Let it happen now!™
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orbitalinsertion (profile), 26 Jan 2018 @ 11:55am

Re: Could be worse...
@@
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Anonymous Coward, 26 Jan 2018 @ 12:01pm

Re: The only way to handle this...
Is your mascot going to be Mickey Mouse wearing Velcro-brand hook and loop shoes?
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Anonymous Coward, 26 Jan 2018 @ 12:02pm

Re: Could be worse...

Reproduction without the express permission of MS Magazine is strictly prohibited.

Aw man, you're screwed.
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Mike Masnick (profile), 26 Jan 2018 @ 12:40pm

Re: I actually LOL'd
Hey, given an editor some credit. :) I chose the tags!
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bob, 26 Jan 2018 @ 1:02pm

Re: Re: I actually LOL'd
Sure, next you are going to tell us you are the founder too.

Man some people just ......
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Anonymous Coward, 26 Jan 2018 @ 1:05pm

Re: Re: The only way to handle this...
Also will all the drinks come in oversized mugs?
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simality, 26 Jan 2018 @ 1:05pm

Re: The only way to handle this...
Will diners be able to take leftovers home in tupperware?
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JoeCool (profile), 26 Jan 2018 @ 1:19pm

Re: Simple answer
Nah, the simple answer is change your spelling to $arajevo. Now it's legal AND appropriate!
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Bergman (profile), 26 Jan 2018 @ 1:38pm

Re: Name says it all.
I wonder if the city has granted itself permission to use the city's coat of arms and name?

They may have assumed they don't need to, since they ARE the City of Sarajevo, but depending on how that law is written, they may actually be required to prosecute themselves!
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peter, 26 Jan 2018 @ 1:41pm

Re: The only way to handle this...
'Monster' sized portions?
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Bergman (profile), 26 Jan 2018 @ 1:41pm

How far does a city's jurisdiction run?
I mean, if they have no authority beyond the city limits, and the Facebook page is not hosted on a server inside those limits, how exactly can they impose fines or send cease & desist letters that have any legal force to them whatsoever?

It seems to me to be the same issue as that Canadian court issuing global orders and expecting them to be carried out even in places where obeying the order would be illegal.

But this takes it a step further -- Google at least does business in Canada. How much authority can the City of Sarajevo exert over someone who is not inside their jurisdiction, never has been inside it, and possibly never will be inside it?
[ link to this | view in thread ]
Sarah Yevo, 26 Jan 2018 @ 2:10pm

Uh, oh...
I think I have a problem.
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orbitalinsertion (profile), 26 Jan 2018 @ 2:26pm

Re: Re: I actually LOL'd
Do copyright strikes come from drones now? Just wondering.
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Anonymous Coward, 26 Jan 2018 @ 2:45pm

Re: Re: Re: The only way to handle this...
They'll come in Thermos insulated containers.
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Awkward Communard, 26 Jan 2018 @ 3:56pm

I've been all over Europe, but man I'm going to
miss Sarajevo.
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Lawrence D’Oliveiro, 26 Jan 2018 @ 10:51pm

OK, How About ...
... “Gavrilo Princip City”?
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ryuugami, 27 Jan 2018 @ 7:53am

Re: Re: I actually LOL'd
My apologies. Hereby I redirect the 10 internet points for the awesomeness of the tag box to Mr. Masnick :)
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Dave P., 27 Jan 2018 @ 10:06am

Bloody stupid!
Cor blimey, mate! Around these UK parts, this would be regarded as pure lunacy. How can copyright or any legal action be applied in this case?
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DaveinCanada (profile), 28 Jan 2018 @ 6:43am

Sarajevo
am i a real-life troll for commenting with the sole purpose of adding to 0ogle's search list?
if so, life goal complete
#sarajevo for life
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Anonymous Coward, 28 Jan 2018 @ 10:13am

There goes my plan to sell Sarjevo sex dolls and Sarajevo war crime diaries.
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Anonymous Coward, 28 Jan 2018 @ 10:15am

You'd think the Sarajevo government would have better things to do what with them being war criminals that need to face a firing squad and all.

But I guess copyright tops worrying about the horrific crimes against humanity you supported, condoned and continue to assist in.
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Hugo S Cunningham (profile), 28 Jan 2018 @ 11:18am

Sa-ra-je-vo!
Sa-ra-je-vo!
Slowly I turn,
Step by step,
Inch by inch...
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Mike-2 Alpha (profile), 28 Jan 2018 @ 11:54pm

Re: Simple answer
Brilliant idea! Someone tell Bielefeld they're off the hook. We've got another city to unexist.
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Chuck, 29 Jan 2018 @ 10:06am

Some days
Ever have one of those days when you wish the fiction from your favorite video game were a reality?

Oh how I wish the Brotherhood of Nod's Temple Prime would sprout up right under city hall right about now.

Too much to ask for, I suppose.
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Wendy Cockcroft, 30 Jan 2018 @ 2:26am

Re:
Who could forget this?

https://www.youtube.com/watch?v=Zlmg0yzxKvQ

I don't hear of them chasing U2 and Pavarotti's estate for royalties. Don't they know about it?
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Wendy Cockcroft, 30 Jan 2018 @ 2:27am

Re: Re: Re: I actually LOL'd
I can actually see the copyright maximalists going after alleged infringers with drone strikes.
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