NN 111/2021, October 14 2021, in force from October 22, 2021
Zagreb, October 2021COPYRIGHT AND RELATED RIGHTS ACT
- unofficial translation -COPYRIGHT AND RELATED RIGHTS ACT  
 
 
PART ONE  
INTRODUCTORY PROVISIONS  
 
Chapter 1  
GENERAL PROVISIONS  
 
Subject Mat ter of the Act  
 
Article 1  
This Act regulates:  
1. Scope of the Act;  
2. copyright - rights of authors in respect of their works in the literary, scientific and 
artistic domains; 
3. related rights : 
a) performer's rights in respect of their performances;  
b) rights of producers of phonograms in respect of their phonograms;  
c) videogram producers’ rights (audiovisual producers) in respect of their 
videograms;  
d) broadcasting organisations' rights in respect of their programme signals;  
e) publishers of press publications  rights in respect of their press  publications;  
f) non-original database producers’ rights in respect of their non- original 
databases;  
g) publishers' rights  in respect of their publications;  
4. copyright and related rights in legal transactions;  
5. exceptions  and limitations  of copyright and related rights;  
6. management (individual and collective) of copyright and related rights;  
7. protection of copyright and related r ights in the case of infringement . 
 
Transposition of the European Union Acquis Communautaire  
 
Article 2  
(1) This Act shall transpose the following Directives to the Croatian legislation : 
- Council Directive 93/83/EEC of 27 September  1993 on coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite 
broadcasting and cable retransmission (OJ L 248, 6/10/1993), 
- Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 
on the legal protection of databases (OJ L 77, 27/3/1996), 
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 
on the harmonization of certain aspects of copyright and related rights in the 
information society (OJ L 167, 22/6/2001),  
- Directive 2001/84/EC of the European Parliament and of the Council of 27 September 
2001 on the resale right for the benefit of the author of an original work of art (OJ L 
272, 13/10/2001), 
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004  
on the enforcement of intellectual property rights (OJ L 157, 30/4/2004),  
- Directive 2006/123/EC of the European Parliament and of the Council of 12 
December 2006 on services in the internal market (OJ L 376, 27/12/2006), 2 
 
 - Directive 2006/115/EC of the European Parliament and of the Council of 12 
December 2006 on rental right and lending right and on certain rights related to 
copyright in the field of intellectual property (codified version) (OJ L 376, 
27/12/2006), 
- Directive 2006/116/EC of the European Parlia ment and of the Council of 12 
December 2006 on the term of protection of copyright and certain related rights 
(codified version) (OJ L 372, 27/12/2006), 
- Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 
on the legal protec tion of computer programs (codified version) (OJ L 111, 5/5/2009), 
- Directive 2011/77/EU of the European Parliament and of the Council of 27 September 
2011 amending Directive 2006/116/EC on the term of protection of copyright and 
certain related rights (OJ L 265, 11/10/2011),  
- Directive 2012/28/EU of the European Parliament and of the Council of 25 October 
2012 on certain permitted uses of orphan works (OJ L 299, 27/10/2012),  
- Directive 2014/26/EU of the European Parliament and of the Council of 26 February 
2014 on collective management of copyright and related rights and multi -territorial 
licensing of rights in musical works for online use in the internal market (OJ L 84, 
20/3/2014), 
- Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 
September 2017 on certain permitted uses of certain works and other s ubject mat ter 
protected by copyright and related rights for the benefit of persons who are blind, 
visually impaired or otherwise print -disabled and amending Directive 2001/29/EC on 
the harmonisation of certain aspects of copyright and related rights in the information 
society (OJ L 242, 20/9/2017), 
- Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 
2019 laying down rules on the exercise of copyright and rel ated rights applicable to 
certain online transmissions of broadcasting organisations and retransmissions of 
television and radio programmes, and amending Council Directive 93/83/EEC  (OJ L 
130, 17/5/2019), 
- Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 
2019 on copyright and related rights in the Digital Single Market and amending 
Directives 96/9/EC and 2001/29/EC (OJ L 130, 17/5/2019) and Corrigendum to  
Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 
2019 on copyright and related rights in the Digital Single Market and amending 
Directives 96/9/EC and 2001/29/EC  (OJ L 134, 22/5/2019). 
(2) This Act provides the preconditions for the implementation of:  
- Regulation  (EU) 2017/1128 of the European Parliament and of the Council of  14 June 
2017 on cross -border portability of online content services in t he internal market (OJ L 
168, 30/6/2017) and  
- Regulation  (EU) 2017/1563 of the European Parliament and of the Council of  13 
September 2017 on the cross -border exchange between the Union and third countries 
of available format copies of certain works and other s ubject mat ter protected by 
copyright and related rights for the benefit of persons who are blind, visually impaired 
or otherwise print -disabled (OJ L 242, 20/9/2017) . 
 
Gender Neutrality of Expressions  
 
Article 3  
The expressions used in this Act, having a gender meaning, irrespective of whether 
they are used in the male or female gender, shall include equally the male and female gender . 3 
 
  
Copyright and Related Rights, Right Holders  
 
Article 4  
(1) Copyright shall belong, by its nature, to a natural person who has create d a copyright 
work . 
(2) Performer's right shall belong, by its nature, to a natural person who has performed a 
work from the literary or artistic domain, or the expressions of folklore . 
(3) The original holder of other related rights may be any natural or legal pe rson, unless 
otherwise provided by this Act . 
(4) Copyright and related rights may be limited against the will of their holders only under 
the conditions and in the manner regulated by this Act . 
(5) The right holder is a natural or a legal person, different from a collective management 
organisation, who is a holder of a copyright or a related right or who is entitled to a share in 
the income from the rights based on the contract on the use of rights or this Act.  
 
Disclosure, Publication, the Public and Public Use  
 
Article 5  
(1) A copyright work or a s ubject mat ter of a related right shall be considered to have 
been disclosed if made accessible to the public with the consent of the right holder . 
(2) A copyright work or a s ubject mat ter of a related right shall be considered published:  
 
- if, with the consent of the right holder, copies of that work or s ubject mat ter of a 
related right respectively have been offered to the public or put into circulation in the 
quantity sufficient to satisfy reasonable needs of the public;  
- if the copyright work or s ubject mat ter of a related right has been made available to 
the public, by wire or wireless means, in such a way that members of the public may 
access them from  a place and at a time individually chosen by them . 
(3) The public shall mean a larger number of persons that are outside the usual circle of 
persons closely tied with family or other personal relations . 
(4) Public use of a copyright work shall be considered any use of a copyright work or a 
subject mat ter of related rights that is available to the public, or such use in the area that is 
available to members of the public or providing to members of the public access to the work 
and s ubject mat ter of related rights at a time and from a place individually chosen by them . 
 
Relation between Copyright and Related Rights  
and Interrelation between Related Rights  
 
Article 6  
(1) The protection of related rights under this Act shall leave intact and shall in no way 
affect  the protection of copyright. No provision of this Act concerning the protection of 
related rights shall be interpreted in a way to prejudice  the protection of copyright . 
(2) The exercise of the performers' rights of communication to the public of fixed 
performances referred to in Article 136 paragraph (1) of this Act must not prejudice the 
exercise of copyright . 
(3) The exercise of the rights of phono gram producers must not prejudice the exercise of 
copyright or the performers’ rights . 
(4) The exercise of the rights of audiovisual producers must not prejudice the exercise of 
copyright, the performers’ rights or the rights of phonogram producers . 4 
 
 (5) The exerci se of the rights of broadcasting organisations shall not prejudice the exercise 
of copyright, the performers’ rights, the rights of phonogram producers or the rights of 
audiovisual producers.  
(6) The exercise of the rights of publishers of press publications m ust not prejudice the 
exercise of copyright, the performers’ rights, the rights of phonogram producers, the rights of 
audiovisual producers or the rights of broadcasting organisations . 
(7) The publisher of press publication s may not invoke his  right of the publisher of press 
publications against the holders of copyright or related rights in copyright works and s ubject 
matter of related rights inc orporated in his press publication , and in particular may not prevent 
them from using  their copyrigh t works and subject matter  of related rights independently  from  
the press publication in which they are inc orporated. 
(8) If a copyright work or subject mat ter of a related right is inc orporated  in a press  
publication on the basis of an acquired non- exclusive right of exploitation, the publisher of the 
press publication may not invoke his right against other acquirers of the non- exclusive right of 
exploitation of the same copyright works or s ubject matter  of related ri ghts. 
(9) The publisher of press publications may not, by invoking his right, prohibit the use of 
copyright works or s ubject matter  of related rights for which the protection has expired. 
(10) The exercise of the rights of producers of non -original databases must not prejudice 
the exercise of copyright, the performers’ rights, the rights of phonogram producers, the rights 
of audiovisual producers, the rights of broadcasting organisations or the rights of publishers of 
press publications.  
 
Chapter 2  
 
SCOPE OF THE ACT  
 
In General  
 
Article 7  
(1) Protection under this Act shall be enjoyed by the authors and holders of related rights 
who are nationals of the Republic of Croatia or of another Member State of the European 
Union or have their principle place of establishment  in the Republic of Croatia or in another 
Member State of the European Union.  
(2) Natural or legal persons who are third- country nationals or have their principle place 
of establishment  in third countries (hereinafter: foreigners) shall enjoy the same protection as 
is enjoyed by the pers ons referred to in paragraph (1) of this Article, within the scope of 
obligations assumed by the Republic of Croatia under international agreements or on the basis 
of factual reciprocity. Until proven otherwise, f actual reciprocity is considered to exist.  
(3) By way of derogation from the provisions of paragraphs (1) and (2) of this Article, 
foreigners, under this Act, shall enjoy protection:  
− with respect to copyright works written in Croatian;  
− with respect to moral rights;  
− with respect to resale right and non- original database producer rights based on f actual 
reciprocity.  
(4) A foreigner shall not have more extensive protection in the Republic of Croatia than 
he has in the state of which he is a national or in which he has its principal place of 
establishment, if a  person referred to in paragraph (1) of this Article has in the state of the 
foreigner less extensive protection than he has been granted under this Act . 
 
 5 
 
 Authors  
 
Article 8  
In addition to persons referred to in Article 7 paragraphs (2) and (3) of this Act, the 
protection under this Act shall be enjoyed by foreign authors : 
− who have a habitual residence in the Republic of Croatia;  
− with respect to the works of architecture which are built in the territory of the Republic 
of Croatia and the works of visual arts, which are firm integral parts of a real estate 
located in the territory of the Republic of Croatia . 
 
Performers 
 
Article 9  
In addition to persons referred to in Article 7 paragraphs (2) and (3) of this Act, the 
protection, pursuant to Article 7 paragraph (4) of this Act, shall be enjoyed by the foreign ers - 
performers who have their habitual residence in the Republic of Croatia . 
 
Producers of Phonograms and Audiovisual Producers  
 
Article 10  
In addition to persons referred to in Article 7 paragraphs (2) and (3) under this Act, the 
protection, pursuant to Article 7, paragraph (4) of this Act, shall be enjoyed by foreign 
producers of phonograms and audiovisual producers if the phonogram or videogram was first 
published in the Republic of Croatia . 
 
Broadcasting Organisations  
 
Article 11  
In addition to persons referred to in Article 7 paragraphs (2) and (3) of this Act, the 
protection pursuant to Article 7, paragraph (4) of this Act, shall be enjoy ed by foreign 
broadcasting organisations that transmit their broadcasts through transmitters located in the 
territory of the Republic of Croatia . 
 
Comparison of Terms of Protection  
 
Article 12  
(1) The terms of protection under this Act shall apply to foreigners – authors  who enjoy 
protection under this Act, but the terms of protection shall expire not later than on the day 
when the protection expires in the state of which these authors are nationals, and shall not 
exceed the terms under this Act . 
 
(2) Within the scope of application of international treaties, the terms of protection under 
this Act shall apply to foreign ers – holders  of related rights who enjoy protection under this 
Act, but the terms of protection shall expire not later than on the day when the pr otection 
expires in the state of which these holders are nationals or in which they have their principle 
place of establishment , and shall not exceed the terms provided by this Act . 
 
 
 
 6 
 
 Stateless Persons  
 
Article 13  
(1) Authors and holders of related rights that have no nationality, or whose nationality 
cannot be determined, shall enjoy equal protection under this Act as the nationals of the 
Republic of Croatia, if they have their habitual residence in the Republic of Croatia . 
(2) If the persons referred to in paragra ph (1) of this Article do not have their habitual 
residence in the Republic of Croatia, they shall enjoy equal protection as the nationals of the 
state in which they have their habitual residence.  
 
 
PART TWO  
 
COPYRIGHT  
 
Chapter 1  
 
COPYRIGHT WORKS  
 
Copyright Work  
 
Article 14  
(1) A copyright work shall be an original intellectual creation in the literary, scientific and 
artistic domain, having an individual character, irrespective of the manner and form of its 
expression, its type, value or purpose, unles s otherwise provided for in this Act . 
(2) Copyright works shall be : 
- works of language, such as written works, oral works, and computer programs , 
comprising the expression of a computer programme in any form, including 
preparatory design material;  
- musical works  with or without words;  
- dramatic or dramatico -musical works;  
- choreographic works and works of pantomime ; 
- works of visual art in the field of painting, sculpture, and graphics, irrespective of the 
material they are made of, and other works of visual arts ; 
- works of architecture , such as sketches, studies, plastic and other representations, 
drawings, conceptual design s, design development , execution project s, plans and 
constructed buildings and interventions in the field of architecture, urbanism and 
landscape architecture;  
- works of applied art and industrial design;  
- photographic works and works produced by a process similar to photography ; 
- audiovisual works, such as cinematographic, television, documentary, cartoon, 
advertising or other films and other audiovi sual works expressed by images, with or 
without sound, in a time -organized sequence of changes, regardless of the type of 
background on which they are fixed;  
- journalistic works, such as articles, photographs and audiovisual clips ; 
- video games and other mul timedia works ; 
- cartographic works ; 
- presentations of a scientific or technical nature such as drawings, plans, sketches, 
tables ; 
- other types of original intellectual creations that have an individual character . 7 
 
 (3) The subject mat ter of copyright may be any copyright work, except the one which 
cannot be such work by its nature, and the one for which the provisions of this Act provide 
that it cannot be the s ubject mat ter of copyright . 
(4) The subject mat ter of copyright is the work as a whole, including an unfinished 
copyright work, the title and the parts thereof that fulfil the preconditions set out in paragraph 
(1) of this Article . 
(5) The title of the work which does not fulfil the preconditions for being the s ubject 
matter of copyright, and which has already been used for a certain copyright work, shall not 
be used for the same kind of work, if such title is likely to create confusion as to the author of 
the work.  
 
Alterations  
 
Article 15  
(1) Translations and other alterations of a copyright work, which are original individual  
intellectual creations, shall be protected as independent copyright works . This includes 
translations, adaptations, remakes and other alterations of computer programs, which are 
original individual intellectual creations . 
(2) Provisions of paragraph (1) of this Article shall not affect the rights of the author of 
the original work . 
(3) Translations of official texts in the domain of legislation, administration and judiciary, 
which are original individual  intellectual creations, s hall be protected as individual copyright 
works, unless made for the purpose of officially informing the public and are disclosed as 
such. 
(4) As an exception to paragraph (1) of this Article, slightly reworked, adapted or 
musically processed musical works wit h or without words, in respect of which copyright has 
expired, are not considered original intellectual creations and are not protected as adaptations . 
 
Copyright Collection and Copyright Database  
 
Article 16  
(1) Collection of independent works, data or other materials, which by reason of the 
selection or arrangement of their constituent elements constitutes original individual 
intellectual creations in accordance with Article 14 paragraph (1) of this Act (hereinafter: 
copyright collection ), such as encyclopaed ias, collections of documents, anthologies, 
databases, and the like, shall be protected as an individual copyright work. No other criteria 
shall be applied for the adequacy of copyright protection of a copyright collection. 
(2) The protection enjoyed by the copyright collection referred to in paragraph (1) of this 
Article, shall not extend to its contents and shall in no way prejudice the rights subsisting in 
the copyright works and subject mat ter of related rights included in the collection . 
(3) Copyright database s shall be a copyright collection of independent copyright works, 
data or other material arranged according to a certain system or method, the elements of 
which are individually available by electronic or other means . 
(4) The protection provided for in this Act for a copyright database referred to in 
paragraph (3) of this Article, shall not apply to computer programs used in the making or in 
the operation thereof . Such computer programs shall be protected as individual copyright 
works if they are original individual intellectual creations.  
 
 
 8 
 
 Out-of-Commerce Copyright Works  
 
Article 17  
(1) A copyright work shall  be deemed to be  out of commerce when, given the 
characteristics of that copyright work, it can  be presumed  in good faith that the whole work is 
not available to the public through customary  channels  of commerce, after a reasonable effort 
has been made to determine whether the work is available to the public . This also includes 
works that were never available on the market . 
(2) Reasonable effort does not i mply repeated action over time but includes taking into 
account all readily available  evidence of the future accessibility of the work through 
customary channels of commerce.  
(3) The accessibility of a copyright work on the market shall, as a rule, be determin ed by 
sampling or a similar proportional mechanism, except in cases where it is considered 
reasonable to determine the accessibility of individual works to the public, given the 
availability of relevant data, probability of commercial accessibility and exp ected costs of 
taking actions to determine accessibility to the public.  Limited accessibility of a copyright 
work, such as accessibility in antique shops, or the theoretical possibility of obtaining 
permission to use it is not considered accessibility through customary channels of commerce . 
(4) The author may at any time, by an explicit written statement, exclude the application 
of the provisions of paragraphs (1) to (3) of this Article in relation to one or more or all of his 
works which are considered to be out of commerce  under this Article.  
(5) Data on works that are out of commerce  shall be submitted by cultural heritage 
institutions referred to in Article 187 paragraph (3) of this Act to the European Union 
Intellectual Property Office, in accordance with R egulation (EU) 386/2012 of the European 
Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in 
the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of 
intellectual property rights, includ ing the assembling of public and private sector 
representatives at the European Observatory on Intellectual Property Infringements (OJ L 
129, 16/5/2012), for publication on a public single internet portal maintained by that Office. 
Information on the parti es to the contract on granting permission to reproduce, distribute, 
communicate to the public, including an act of making  available to the public, out -of-
commerce copyright works, covered areas and uses must be permanently, easily and actually 
available on a public single internet portal maintained by the Office, at the earliest six months 
before use in accordance with Article 192 or 223 of this Act . 
 
Unprotected Creations  
 
Article 18  
 
(1) The subject mat ter of copyright shall include expressions and not ideas, procedures, 
methods of operation or mathematical concepts as such. 
(2) The copyright works shall not include:  
1. discoveries;  
2. ideas and principles on which any element of a computer programme is based, 
including those ones on which its interfaces are based;  
3. news of the day and other news, having the character of mere items of media 
information . 
(3) Official texts in the domain of legislation, administration and judiciary, such as acts, 
regulations, decisions, reports, minutes, judgments and the like, official programs, such as 
school and academic programs, work programs, and the like , spatial plans, such as spatial 9 
 
 development plan, urban plan, and the like , conservation bases, as well as their collections, 
are protected as copyright works from the moment of creation, if  original individual 
intellectual creations.  The moment they are handed over to an y official procedure or to an 
official person for the purpose of informing the public or public use, or when they are 
published for the purpose of officially informing the public , they cease to be protected by 
copyright . 
(4) Anyone who in any way publicly transmits daily news and other news that have the 
character of ordinary media information and are not subject to copyright and other media 
information that he learned from publicly published sources, is obliged to clearly and visibly 
indicate in his publicatio n:  
- the name of the publisher of press publications or broadcasting organisation or another 
publisher of the media or electronic media who first published a daily news, other 
news or other media information, and 
- the name of the signed journalist, if this is in accordance with the usual practice in 
media reporting .  
(5) When someone uses someone else's copyright works or s ubject matter  of related rights 
that contain daily news and other news or other media information, to make their public 
announcements of the same daily news and other news or other media information, in a 
manner for which it is not necessary to obtain consent from righ t holders or collective 
management organisations, is obliged to state the sources used by him in an appropriate, clear 
and visible way to indicate : 
- the name of the publisher of press publications or broadcasting organisation or another 
publisher of the media or electronic media whose content he uses, and   
- the name of the signed journalist, if this is in accordance with the usual practice in 
media reporting .  
(6) Indicating sources and names referred to in paragraphs 4 and 5 of this Article is not 
considered advertising . 
(7) Folk literary and artistic creations in their original form are not subject to copyright, 
but for their communication to the public a remuneration  is paid as for the communication to 
the public of protected copyright works. The remuneration  shall  be used to encourage 
appropriate artistic and cultural creativity of a predominantly non- commercial nature and 
cultural diversity in the relevant artistic and cultural field in accordance with Article 245, 
paragraph (4) of this Act. The remuneration  shall be exercised mandatory  collectively.  The 
cultural heritage institutions referred to in Article 187, paragraph (3) of this Act shall not be 
obliged to pay the remuneration . 
(8) When the term of protection of  a copyright work of visual art has expired, any mate rial 
resulting from an act of reproduction of that work is not subject to copyright or related rights, 
unless the material resulting from that act of reproduction is original in the sense that it is the 
author's own intellectual creation within the meaning  of Article 14 paragraph (1)  of this Act . 
 
Chapter 2  
 
AUTHORS  
 
Author  
 
Article 19  
(1) The author of the work is a natural person who has created the work.  
(2) Copyright in a work belongs to its author by the mere act of the creation of the work.  
 10 
 
 Authors of Compound Works  
 
Article 20  
(1) If two or more authors join their created works for the purpose of a joint use, each of 
them shall keep the copyright in his own work.  
(2) Mutual relations between authors of a compound work shall be regulated by a 
contract. If such contract is not concluded or unless otherwise provided by a contract or by 
rules of a relevant collective management organisation, all the authors of a compound work 
shall be considered to be entitled to an equal share in the remuneration to be obtained for the 
use of such compound work. 
(3) A musical work with lyrics  is considered a compound work.  
 
Co-authors  
 
Article 21  
(1) Co-authors of a work shall be the persons who created the work jointly, and whose 
contributions cannot be used independently . 
(2) Co-authors sha ll have a joint copyright in the created work, so a part of such copyright 
calculated in proportion to the whole copyright (hereinafter: co- authors' shares) shall belong 
to each of them . 
(3) When in doubt as to the co- authors' shares, they shall be considered to be equal . 
(4) The consent of all the co -authors shall be needed for the disclosure, use and alteration 
of their work. An individual co- author shall not refuse to give his consent for the reason, 
which is contrary to the principle of conscientiousness and fa irness, nor shall undertake any 
action, which unjustifiably prejudices or could be prejudicial to the legitimate interests of 
other co -authors. If the consent of all the authors concerning disclosure, use or alteration of 
their work has not been achieved, the decision to that effect shall be made by the court, at a 
request of any of the co -author . 
(5) A share of each co -author in the benefits deriving from the use of the work 
corresponds to his co- author's part, unless otherwise provided for by a contract regulating 
their mutual relations  or rules of a relevant collective management organisation.  
 
Co-authors of Audiovisual Work 
 
Article 22  
(1) Audiovisual works are considered co- authored works. 
(2) The principal director  is the  main co -author of an audiovisual work.  
(3) Other co -authors of an audiovisual work are:  
1. the author of a screenplay,  
2. the principal cameraman,  
3. the principal image and sound editor, 
4. the composer of music specifically created for use in such work . 
(4) If a drawing or animation represents an essential element of an audiovisual work, the 
principal drawer or the principal animator shall be considered as a co -author of that work.  
(5) If another natural person proves that his original individual intellectual creation is an 
essential part of the audiovisual work and that he could be recognized as a co- author of that 
work in accordance with Article 14 paragraph (1) of this Act, this person will be recognized 
as a co -author of that audiovisual work. 
 
 11 
 
 Authors of Contributions to Audiovisual Work  
 
Article 23  
A music composer, a drawer or an animator, who is not considered the co- author of an 
audiovisual work according to the provision laid down in Article 22 paragraphs (3) and (4) of 
this Act, an assistant director, the author of a dialogue, a camera operator, a scenographer, a 
costume designer, a face makeup artist, the author of special visual or sound effects and other 
authors that participate in the creation of an audiovisual work, shall have the copyright in their 
individual contributions (hereinafter: aut hors of contributions) . 
 
Presumption of Authorship  
 
Article 24  
The author is presumed to be a person whose name, pseudonym, artist's mark or code 
appears in the customary manner on the copies of the work or when the work is disclosed, 
until proven to the c ontrary . 
 
Copyright Works for Which Authors Cannot Be Identified or Found  
(Orphan Works)  
 
Article 25  
(1) If, after carrying out a careful search in accordance with this Act, no author of that 
work or none of the co- authors is identified or, even if the author is identified but not located 
or the co -authors are identified but not all are located, such work sha ll be considered an 
orphan work.  
(2) Cultural heritage institutions referred to in Article 187 paragraph (3) of this Act, 
educational establishments and public -service broadcasting organisations shall also, for the 
purpose of identification and/or location of authors or co- authors of works fr om their 
collections and archives, prior to the use of the work, in accordance with this Act, carry out in 
good faith a diligent search in respect of each work. The diligent search shall be carried out by 
searching the sources that are appropriate for the respective category of works and then 
recorded. If there is evidence to suggest that the relevant information on right holders is to be 
found in other countries, sources of information available  in those other countries shall also be 
searched . 
(3)  A cultural heritage institution referred to in Article 187 paragraph (3) of this Act may, 
on the basis of a contract, authorise another cultural heritage institution or other natural or 
legal person to carry out diligent searches in its name and on its behalf.  
(4) Provis ions of this Article shall apply to:  
- works published in the form of books, journals, newspapers, magazines or other 
writings, and cinematographic or other audiovisual works contained in the collections 
of publicly available libraries, educational establish ments or museums, and other legal 
persons carrying out the museum activity, as well as in the collections of archives or 
of film or audio heritage institutions , and  
- cinematographic or other audiovisual works produced by public -service broadcasting 
organisa tions or their legal predecessors up to and including 31 December 2002 and  
contained in their archives . 
(5) Provisions of this Article shall apply to the works referred to in paragraph (4) of this 
Article: 
- which are protected by copyright and which are first published in the Republic of 
Croatia or, in the absence of publication, first broadcast in the Republic of Croatia  or 12 
 
 whose producer has a principal place of establishment  or permanent residence in the 
Republic of Croatia;  
 
- which have never been published or broadcast, but which have otherwise been made 
publicly available for the first time by publicly available libraries, educational 
establishments or museums and other legal persons carrying out the museum activity, 
as well as archives, film or audio herit age institutions and public -service broadcasting 
organisations established in the Republic of Croatia with the consent of the authors, 
provided that it is reasonable to assume that the authors of such works would not 
oppose the uses referred to in Article 189 of this Act ; 
- that are embedded or incorporated in, or constitute an integral part of, those works . 
(6) If certain co -authors are located, the orphan work shall be treated in the way in which 
the located co -authors approved the use of that work.  
(7) The author  or the co -author of the orphan work may at any time put an end to the 
application of provisions on treating orphan works referred to in this Act in relation to his 
rights . 
(8) A work which is according to the law of any other Member State of the European 
Unio n considered an orphan work shall also be considered an orphan work in the Republic of 
Croatia, without the need to carry out the search procedure. The same shall also apply mutatis 
mutandis  to co -authors’ works in respect of which it was established in another Member State 
of the European Union that they have an orphan work status, because not all of the co- authors 
are identified or located, but only in relation to their co- authors’ shares . 
(9) Appropriate sources for conducting a diligent search, the recordin g procedure and the 
content of the records referred to in paragraph (2) of this Article shall be determined by 
Annex I, which is an integral part of this Act. Cultural heritage institutions referred to in 
Article 187, paragraph (3) of this Act may adopt rules on diligent search, taking into account 
the provisions of Annex I to this Act, and specify additional sources in them . 
(10) The territory of the Republic of Croatia referred to in this Article shall also imply all 
of its predecessor states.  
(11) This article d oes not affect the author's ability to mark his identity with a pseudonym 
or to publish his work anonymously . 
 
Chapter 3  
 
CONTENT OF COPYRIGHT  
 
Content of Right  
 
Article 26  
(1) Copyright shall include moral and economic rights of authors . 
(2) Copyright shall protect personal and intellectual ties of the author with his work 
(hereinafter: moral rights of the author) and economic interests of the author in respect of his 
copyright work (hereinafter: economic rights of the author) . 
(3) The author is entitled to remuneration for each use of his work, unless otherwise 
provided for by this Act or by a contract. Remuneration shall be determined as the price of 
use in private law relationship.  
 
 
 
 13 
 
 3.1. Moral Rights of the Author  
 
Right of First Disclosure  
 
Article 27  
(1) The aut hor shall have the right to determine whether, when, where, how and under 
what conditions his copyright work will be disclosed for the first time  (hereinafter: right of 
first disclosure).  
(2) Until the copyright work is disclosed for the first time, the author  shall have the right 
to reveal to the public the content or description of his work. 
 
Right of Recognition of Authorship  
 
Article 28  
(1) The author shall have the right to be recognized and indicated as the author of the 
work  (hereinafter: right of recognition of authorship). 
(2) A person who publicly uses a copyright work, shall be obliged to indicate the author at 
each use, unless the author has declared in a written form that he does not want to be 
indicated, or if the manner of a certain public use is such that prevents the indication of the 
author . 
 
Right of Respect for a Copyright Work  
 
Article 29  
(1) The author shall have the right to oppose to any distortion, mutilation and similar 
modification of his work (hereinafter: right o f respect for a copyright work), and to 
destruction of the original or the last specimen of his work, in accordance with the provisions 
referred to in Article  114 of this Act. 
(2) Minor alterations, remakes, adaptations or reworks, which do not affect the basi c 
character of the work, shall not be considered as deformation, mutilation or modification 
within the meaning of paragraph (1) of this Article . 
(3) If the author has approved the rework referred to in Article 54 of this Act or is 
presumed to have approved it under this Act, the moral right to respect the copyright work 
referred to in this Article may not be invoked if the rework has been made in accordance with 
the purpose for which the author approved it  or for which it is presumed under this Act to 
have approved it . 
 
Right of Respect for Honour and Reputation of the Author  
 
Article 30  
The author shall have the right to oppose to any use of his work in a manner 
jeopardi sing his honour or reputation (hereinafter: right of respect for honour and reputation 
of the author).  
 
Right of Revocation  
 
Article 31  
(1) The author shall have the right to revoke a right of exploitation of his copyright work, 
compensating the damages to the holder of such right, where further use would be prejudicial 
to his honour or reputation (hereinafter: right of revocation) . Right of r evocation shall also be 14 
 
 exercised by the author's heirs, if the author decided so in his will, or if they prove that the 
author, prior to his death, was entitled and tried to exercise such right, but was prevented from 
doing so.  
(2) The revocation shall be eff ective from the day when the author deposits the security 
for the compensation for damages . 
(3) The holder of the right of exploitation of a copyright work shall, within three months 
as from the receipt of the notification of revocation, communicate to the aut hor the amount of 
outstanding costs incurred to him in the preparation for the use of his work up to the day of 
receipt of such notification, as well as the mount of other damage incurred to him because of 
revocation. If the holder of the right of exploita tion of a copyright work fails to do so, the 
notification of revocation shall become effective upon expiry of the time limit referred to in 
this paragraph.  
(4) If, within ten years as from his exercise of the right of revocation, the author decides to 
resume t he exploitation of the work in respect to which he exercised his right of revocation, 
he shall be required to offer such right first to the person to whom such right was revoked.  
(5) The author may not renounce the right of revocation. 
(6) The provisions of this A rticle shall not apply to electronic databases, computer 
programs, works of architecture  and audiovisual works. 
 
3.2. Economic Rights of the Author  
 
Content of Economic Rights of the Author  
 
Article 32  
The author shall have the exclusive right to do with his copyright work and the 
benefits deriving from it whatever he likes, and to exclude any other person from it, unless 
otherwise provided for by this Act. This right shall include : 
- right of reproduction, 
- right of distribution (right to put into circulation),  
- right of communication of a copyright work to the public, 
- right of alteration.  
 
Reproduction  
 
Article 33  
(1) The right of reproduction shall be the exclusive right of making one or more copies  of 
copyright works, in whole or in part, directly or indirectly, temporarily or permanently, by 
any means and in any form. The right of reproduction shall also include fixation which shall 
mean the fixing of copyright works in the material or other corresponding medium . 
(2) A copyright work is reproduced: by gra phic procedures, photocopying and other 
photographic procedures with the same effect, by sound or visual recording, by building or 
carrying out works of architecture, by storage of the work in electronic form, by fixing of the 
work transmitted by computer’ s net on a material medium , by uploading or storing a 
computer program, by reproducing necessary to present, perform or transmit a computer 
program, by reproducing a copyright work within the ancillary  online service referred to in 
Article 48 paragraph (2)  of this Act and by other methods. 
 
 
 15 
 
 Distribution, Rental Right and Lending Right  
 
Article 34  
(1) The right of distribution shall be the exclusive right to put into circulation the original 
or copies of the copyright work by sale or otherwise, including rental  right , and to offer them 
to the public for such purpose . Storage of copies of the copyright work and taking other 
actions to distribute copies of the copyright work is equated with distribution. 
(2) The rental right  is the exclusive right of giving the original or copies of a copyright 
work for use in a limited period, for the purpose of direct or indirect material or commercial 
benefit . The rental right  of a copyright work shall not apply to architectural works and works 
of applied art already made. 
(3) Public lending implies the manner of placing the original or copies of a copyright 
work, in respect of which further distribution is permitted, on the market when they are made 
available for use in a limited period through public libraries, without direct or indirect 
material or commercial benefit . Public lending does not require the author’s approval but an 
appropriate remuneration  must be paid (hereinafter: the right to a public lending  
remuneration ). 
(4) The first sale of the original or copies of the copyright work or other form of transfer 
of ownership, by the author or with his consent, in the territory of any of the Member States 
of the European Union, or any of the States Parties to the Agreement Creating the European 
Economic Area, respectively shall exhaust the right of distribution in respect of such original 
and such copies respectively, for the territory of the Republic of Croatia. The exhaustion of 
the distribution right shall not  cause the rental right  of a copyright work to expire, the right of 
the author to authorise or prohibit the export to or the import from a third country of the 
original or copies of the copyright work, and the right to remuneration for public lending of 
the work . 
(5) In respect of collections and copyright databases, the exhaustion of the distribution 
right shall refer only to further sale . 
(6) The author who has given up his rental right in favour of a producer of phonograms or 
of an audiovisual producer shall retain the right to receive equitable remuneration for the 
rental of his copyright work. The author may not renounce the right to the equitable 
remuneration. Remuneration for the re ntal shall be paid by the person renting the copyright 
work . The right to the equitable remuneration for the rental shall be exercised mandatory 
collectively.  
(7) The author may not renounce the right to the remuneration for public lending. T he 
right to the re muneration for public lending shall be  exercised mandatory collectively . 
(8) Public lending referred to in paragraph (3) of this Article shall not apply to buildings 
and works of applied art.  
(9) The right to the remuneration for public lending shall not apply to copyright works 
mutually lent by public libraries.  
(10) By way of derogation from the provision of paragraphs (1), (3) and (7) of this Article, 
authors of copyright databases and authors of computer programs shall have the exclusive 
right of public lending of the originals or copies of their copyright databases  and computer 
programs.  
 
Resale Right  
 
Article 35  
(1) If the original of a work of visual art is resold by any act involving sellers, buyers or 
intermediaries professionally dealing with art trade, such as public auctions, art galleries or 16 
 
 other art dealers, the author shall have the right to equitable share in the selling price for each 
time his original is resold after its first alienation by the author  (hereinafter: the resale right) . 
In that case, the distribution right shall not be exhausted. 
(2) By way of derogation, the provision referred to in paragraph (1) of this Article shall 
not apply, where the seller is an art gallery which has acquired the work directly from the 
author less than thr ee years before that resale and where the resale price does not exceed the 
equivalent value of EUR 10 000 in HRK . 
(3) The original of a work of visual art shall mean a picture, collage, painting, drawing, 
engraving, print, lithography, sculpture, tapestry, ceramics, glassware, photography or another 
work of visual art, where created by the author himself. Copies of works of visual art which 
have been made in limited numbers by the artist himself or under his authority shall be 
considered to be originals of works of visual art. Such copies shall normally be numbered, 
signed or marked  by the author . 
(4) A seller who resells the work referred to in paragraph (3) of this Article, at a price 
exceeding the equivalent amount of EUR 500 in HRK, shall pay to the author the equivalent 
amount in HRK of : 
- 5 % for the portion of the selling price from EUR 500.00 to 50,000.00;  
- 3 % for the portion of the selling price from EUR 50,000,01 to 200,000.00;  
- 1 % for the portion of the selling price from EUR 200,000.01 to 350,000.00;  
- 0.5 % for the portion of the selling price from EUR 350,000.01 to 500,000.00;  
- 0.25 % for the portion of the selling price exceeding EUR 500,000.00.  
(5) The total amount, which, on the basis of the provision referred to in paragraph (4) of 
this Article belongs to the author, shall not exceed the equivalent amount of EUR 12,500.00 
in HRK. Base for calculation of such amount shall be the selling price without tax . 
(6) If the resale of the original referred to in paragraph (3) of this Article has been effected 
through a public auction, an art gallery or by intermediary of any other art dealer, the 
organiser of the public auction, the  owner of the art gallery or the art dealer, shall share joint 
and several liability with the seller for the payment of the amount belonging to the author . 
(7) The author cannot renounce his resale right . The resale right shall not be transferred by 
legal tran sactions during the author's life not shall it be subject to execution but it can be 
inherited.  
(8) For a period of three years after the resale of his work, the author shall have the right 
to require from any person referred to in paragraph (1) of this Artic le, to furnish any 
information that is necessary in order to secure payment of the amount that belongs to him in 
respect of the resale.  
 
Communication of a Copyright Work to the Public  
 
Article 36  
(1) The author shall have the exclusive right to communicate his work to the public  in 
every way, by wire or by wireless means (hereinafter: the right of communication to the 
public). For any communication of a copyright work to the public, it is necessary to obtain 
approval by contract or in another way, unless otherwise provided by this Act . 
(2) The right of communication of a copyright work to the public shall include : 
- right of public performance;  
- right of public stage presentation;  
- right of public transmission;  
- right of public communication of fixed works;  
- right of public presentation;  
- right of broadcasting;  17 
 
 - right of retransmission ; 
- right of direct injection ; 
- right of making it available to the public;  
- right of public communication of broadcasting , retransmission , direct injection  and 
making it available to the public ; 
- right of communication to the public , including an act of making  it available to the 
public , within an ancillary  online service;  
- right of communication to the public , including an act of making  it available to the 
public , with providing the public with access to the works uploaded by users on online 
content -sharing  platforms; and  
- other ways of communication to the public. 
 
Public Performance  
 
Article 37  
The right of public performance shall mean the exclusive right to com municate to the 
public : 
- works in the domain of literature or science by live reading or reciting ( hereinafter: the 
right of public recitation ); 
- musical works by live performance ( hereinafter: the right of public musical 
performance ). 
 
Public Stage Presentation  
 
Article 38  
The right of public stage presentation shall mean the exclusive right to communicate 
to the public dramatic, dramatico -musical, and choreographic works or works of pantomime, 
by their live stage presentation . 
 
Public Transmission  
 
Article 39  
The right of public transmission shall mean the exclusive right to communicate a 
recitation, a music performance or a stage presentation of a copyright work to the public that 
is outside the place where the work is recited, performed or presented on stage live, by 
loudspeaker, screen or any other technical device . 
 
Public Communication of a Fixed Work 
 
Article 40  
The right of public communication of a fixed copyright work shall mean the exclusive 
right to communicate to the public a sound or visual recording of a copyright work from the 
medium it is fixed in . 
 
Public Presentation  
 
Article 41  
The right of public presentation shall mean the exclusive right to communicate to the 
public the works of visual arts, architecture, applied arts and industrial designs, a 
photographic or audiovisual work, and a cartographic work, or a presentation of scientific or 18 
 
 technical nature, by technical devices . 
 
Broadcasting and Broadcasting by Satellite  
 
Article 42  
(1) The right of broadcasting shall mean the exclusive right to communicate a copyright 
work to the public by radio or television program -carrying signals, intended for reception by 
the public, either by wireless means (including satellite), or by wire . 
(2) Communication to the public by satellite (herei nafter: broadcasting by satellite) shall 
exist where under the control and responsibility of the broadcasting organisation program -
carrying signals intended for the reception by the public are introduced into an uninterrupted 
chain of communication leading  to the satellite and from the satellite down towards the E arth. 
(3) A satellite, for the purposes of this Act, shall mean any satellite operating on 
frequency bands reserved for the broadcasts of radio or television programme signals intended 
for reception by  the public, or for closed, point -to point communication. If a closed, point -to-
point communication is concerned, the circumstances in which individual reception of the 
signals takes place must be comparable to those in which public reception of the signal s takes 
place.  
(4) Where the program -carrying signals are encrypted, communication to the public shall 
be deemed to have occurred on condition that the means for decrypting such signals are 
provided to the public by the broadcasting organisation, or with its c onsent . 
 
Principles of a Country of Origin  Applied in Broadcasting by Satellite  
 
Article 43  
(1) Broadcasting by satellite shall exist in the Republic of Croatia where under the control 
of the broadcasting organisation in the Republic of Croatia program -carrying signals are 
introduced into an uninterrupted chain of communication leading to the satelli te and down 
towards the E arth. 
(2) Satellite broadcasting is considered to take place in a Member State of the European 
Union other than the Republic of Croatia when program -carrying signals are introduced into 
an uninterrupted communication chain in that other Member State.  
(3) Satellite broadcasting is considered to take place in the Republic of Croatia or in 
another Member State of the European Union also when the program -carrying signals are sent 
to the satellite from a terrestrial satellite transmitting station located in the Republic of Croatia 
or in that other Member State of the European Union, and satellite broadcasting takes place in 
a country that is not a member of the European Union and does not provide the same level of 
legal protection for satellite broadcasting as a Member State of the European Union.  In such 
case, satellite broadcasting shall be deemed to be undertaken by a person operating a 
terrestrial satellite transmitting station in the Republic of Croatia or in another Member State 
of the E uropean Union.  
(4) Satellite broadcasting is considered to take place where the broadcasting organisation 
has its principal place of establishment  when a terrestrial satellite broadcasting station in the 
Republic of Croatia or in another Member State of the European Union is not used to transmit 
program -carrying signals to the satellite but the broadcasting organisation, which has its 
principal place of establishment  in the Republic of Croatia or in another Member State of the 
European Union, has ordered satell ite broadcasting, and the satellite broadcasting procedure 
takes place in a non -EU country and which does not provide the same level of legal protection 
for satellite broadcasting as a Member State of the European Union. In such case, 19 
 
 broadcasting shall be deemed to be carried out by the broadcasting organisation which 
commissioned the satellite broadcasting . 
 
Retransmission  
 
Article 44  
(1) The right of retransmission  shall mean the exclusive right to a simultaneous, unaltered 
and unabridged communication to the public of a copyright work contained in television or 
radio program -carrying signals, intended for reception by the public,  in the way that the first 
broadcast ing, by wire or by air, including by satellite but excluding via the internet, from the 
Republic of Croatia or any other state, is communicated to the public : 
- by a person other than the broadcasting organisation that carried out the first broadcast 
or unde r whose control and responsibility it was carried out, regardless of how a 
retransmission  service operator receives programme signals from it for the purpose of 
retransmission , and  
- if the retransmission  via the Internet access service is carried out in a regulated 
environment . 
(2) Pursuant to Article 2 paragraph 2 item 2 of the Regulation (EU) 2015/2120 of the 
European Parliament and of the Council of 25 November 2015 laying down measures 
concerning open int ernet access and amending Directive 2002/22/EC on universal service and 
users’ rights relating to electronic communications networks and services and Regulation 
(EU) No. 531/2012 on roaming on public mobile communications networks within the Union, 
interne t access service means a publicly available  electronic communications service that 
provides access to the internet, ant thereby connectivity to virtually all end points of the 
internet, irrespective of the network technology and terminal equipment used. 
(3) Regulated environment is an environment in which a retransmission  service operator 
provides secure retransmission  to lawful acquirer s. 
(4) The right of cable retransmission  shall mean the exclusive right to a simultaneous, 
unaltered and unabridged communication to the public of a copyright work contained in 
television or radio program -carrying signals, in the way that the first broadcasting, by wire or 
by air, including by satellite, from the Republic of Croatia or any other state, is communicated 
to the public , is retransmitted  via cable system, regardless of how a cable retransmission  
service operator receives programme signals from a broadcasting organisation for the purpose 
of retransmission . 
 
Direct Injection  
 
Article 45  
(1) The right of direct injection  is the exclusive right of communication to the public in 
such a way that the broadcasting organisation transmits its television or radio programme 
signals containing the author's work directly to the signal distributor , whereby these signals 
are not trans mitted directly to the public by itself but by the distributor.  
(2) The broadcasting organisation and the signal distributor shall be deemed to participate 
in a single public communication action in respect of which they must obtain the author's 
approval, each for itself.  The participation of a broadcasting organisation and a signal 
distributor in a single public communication action does not lead to their joint responsibility 
for communicating the copyright work to the public. 
(3) When a broadcasting organisation transmits its television or radio programme signals 
containing the author's work directly to the public, and thus performs the initial transmission 
action, and at the same time transmits those signals to other broadcasting organisations 20 
 
 through the technic al procedure of direct signal flow, transmissions performed by other 
broadcasting organisations  are considered a separate act of communicating to the public by 
retransmission  while the initial act of transmission is considered to be broadcasting . 
 
Making Available  to the Public  
 
Article 46  
The right of making available  to the public shall mean the exclusive right to 
communicate a copyright work to the public by wire or wireless means, in such a way that 
members of the public may access it from a place and at a time individually chosen by them . 
 
Public Communication of Broadcasting, Retransmission , Direct Injection  and Making 
Available  to the Public  
 
Article 47  
The right of public communication of broadcasting, retransmission , direct injection  
and making available to the public shall mean the exclusive right to communicate to the 
public a copyright work that is broadcast, retransmitted , transmitted by direct injection  or 
made available to the public, by a loudspeaker, screen or similar technical device . 
 
Ancillary  Online Services of a Broadcasting Organisation  
 
Article 48  
(1) An approval for exercising the rights referred to in Article 33, 36 and 46 of this Act 
shall be obtained for reproduction of a copyright work and its communication to the public by 
wire or wireless means, including an act of making  it available to the public, within the 
ancillary  online service.  
(2) The ancillary  online service is the online service provided by or under the control and 
responsibility of a broadcasting organisation and consisting of the provision to the public of 
television or radio programs simultaneously or linearly or during a specified period after their 
broadcast, such as missed content services, and any  accompanying content with such 
broadcasting, such as announcements, extensions, additions or evaluations of the content of 
the relevant program . 
(3) The ancillary  online service is provided by the broadcasting organisation to the users 
together with the broadcasting service in a clear and subordinate relationship with the 
broadcast program, whereby the users can access the ancillary  online service separately from 
the broadcasting service and unconditionally in relation to it.  
(4) Granting access to copyright works included in a television or radio programme or 
works not related to any broadcast programme of the broadcasting organisation, such as 
access to certain musical or audiovisual works or music albums or video content by means of 
a video -on-demand service, shall not be considered as an ancillary  online service . 
 
Application of the Country of Origin  Principle to Ancillary  Online Services  
 
Article 49  
(1) Communication of copyright works to the public by wire or wireless means within the 
meaning of Article 36 of this Act, including an act of making  them available to the public 
referred to in Article 46 of this Act, within the an cillary  online service provided by  or under 
the control and responsibility of a broadcasting organisation, shall be deemed to be performed 
in the Republic of Croatia when that broadcasting organisation has its principal place of 21 
 
 establishment in the Republic of Croatia. The same shall be deemed for the reproduction of 
such works within the meaning of Article 33 of this Act, which is necessary for the provision 
of an ancillary  online service for the same programs, access to that service or use of that 
service. 
(2) The provision under paragraph (1) of this Article shall refer to copyright works 
contained in:  
- radio programs;  
- news and information programs; or  
- own production programs of the broadcasting organisation which fully finances these 
programs with its own funds.  
(3) Where the funds used by the broadcasting organisation for its productions come from 
public funds shall also be deemed own financing.  
(4) Productions ordered by the broadcasting organisation from producers who are 
independent of the broadca sting organisation of that co- production shall not be considered as  
own productions. 
(5) The provision under paragraph (1) of this Article shall not apply to:  
- broadcasts of sports events and copyright works included in them;  
- granting approval for the use of the broadcasting organisation's own productions to 
others, including other broadcasting organisations . 
(6) The country of origin  principle does not affect the freedom of authors and 
broadcasting organisations to agree among themselves, in accordance with the European 
Union law, on limitation s on the exercise of their rights, including territorial limitation s. 
 
Providing the Public with Access to Works Uploaded by Users  
on Online Content -Sharing  Platforms  
 
Article 50  
(1) Providing the public with access to copyright works uploaded by users on online 
content -sharing  platforms shall represent communication to the public referred to in Article 
36 of this Act, including an act of making available to  the public of a copyright work referred 
to in Article 46 of this Act, which the author may approve or prohibit to the onli ne content -
sharing  service provider.  
(2) The online content -sharing  service provider is an information society service provider 
within the meaning of the law regulating electronic trade, the main or one of the main 
purposes of which is to store and provide the  public with access to a large amount of 
copyright works uploaded by its users, organised and promoted for the purpose of obtaining 
direct or indirect material or commercial benefit.  
(3) Information society service providers within the meaning of the law regul ating e -
commerce, whose services do not have as their main purpose enabling users to download and 
share large amounts of copyright content for material or commercial benefit from such 
activities, such as non- profit online encyclopaedias and scientific repositories, open platforms 
for the development and sharing of open source computer programs, providers of electronic 
communications services within the meaning of the law regulating electronic 
communications, online stores whose main activity is retail and w hich do not provide access 
to copyright content, cloud services for entrepreneurs and cloud services that allow users to 
download content for their own needs, such as online storage services (cyberlockers), are not 
considered online content -sharing  service providers in terms of this Act . 
(4) To perform actions of providing the public with access to the works uploaded by 
users, the online content -sharing  service provider is obliged to obtain the author's approval. 
Such approval obtained by the online content -sharing  service provider shall also cover the 22 
 
 actions of the content -sharing  service user that fall within the scope of Articles 33 and 36, 
including Article 46 of this Act, when the user does not operate on a commercial basis or fails 
to generate significant revenues with his activity . 
(5) Contracts between online content -sharing  service providers and authors must be fair 
and maintain a reasonable balance between both parties, and authors should receive 
appropriate remuneration for the use of their wor ks. 
(6) The author is not required to make a contract with the online content -sharing  service 
provider or to authorise the use of his works.  
(7) The author is obliged to duly explain his request for denial of access or removal of his 
works. 
(8) If the online content -sharing  service provider has entered into a contract with the 
author, it will provide him, upon request, with information on the use of the work to which the 
contract relates.  
(9) When the online content -sharing  service provider provides the public with access to 
the works uploaded by users, the provisions on the limitation of liability for data storage 
(hosting) referred to in Article 18 paragraph (1) of the Electronic Commerce Act (Official 
Gazette, No. 173/03, 67/08, 36/09, 130/11, 30/14 and 32/19) shall not apply to such online 
content -sharing  service provider.  
 
Limitation of Liability of the Online Content -Sharing  Service Provider  
 
Article 51  
(1) If the online content -sharing service provider fails to obtain the author’s approval to 
perform the actions of providing the public with access to the works uploaded by users on 
online content -sharing  platforms, it shall be held liable for unauthorised communication of 
copyright works  to the public referred to in Article 36 of this Act, including an act of making  
available to the public of copyright works referred to in Article 46 of this Act, unless it 
demonstrates  that it has : 
a) made best efforts to obtain an authorisation; and  
b) made, in accordance with high industry  standards of professional diligence , best 
efforts to ensure the unavailability of specific works for which the  right holders have 
provided the service providers with relevant and necessary information; and, in any 
event  
c) acted expeditiously , upon receiv ing a sufficiently substantiated  notice from the right 
holder , to disable  access to , or to remove from its website, the notified works , and 
made best efforts to prevent their future uploads in accordance with item b) of this 
paragraph.  
(2) In determining whether  the online content -sharing  service provider has complied with 
its obligations referred to in paragraph (1) of this Article and with applying the principle of 
proportionality, the following  elements,  among others, shall be taken into account : 
a) the type and scope of the service and its audience, as well as the type of work 
uploaded by users of the online content -sharing  service provider; and  
b) the availability of appropriate and effective means and their cost to the online conte nt-
sharing  service provider.  
(3) Only paragraph (1) item a) of this Article shall apply to new online content -sharing  
service providers whose services are available to the public in the European Union for a 
period of less than three years and whose annual turnover is not exceeding EUR 10 million, 
calculated in accordance with the Commission Recommendation 2003/361/EC of 6 May 2003 
concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 
20/5/2002), with regard to the preconditions for excluding liability for unauthorised 23 
 
 communication of copyright works to the public, including by making copyright works 
available to the public. In addition, such an online content -sharing  service provider, after 
receiving a sufficiently reasoned notification from the author, is obliged to act expeditiously 
to prevent access to the reported works or to remove them from its website . 
(4) If the average number of individual users of online content -sharing  services exceeds 
five million in one month, calculated on the basis of data for the previous calendar year, the 
online content -sharing  service provider referred to in paragraph (3) of this  Article must prove 
that it has made best efforts to prevent further uploads of reported works for which their 
authors provided it with relevant and necessary information. 
(5) The provisions of paragraphs (3) and (4) of this Article may not be abused in order to 
avoid the liability of the online content -sharing  service provider or to extend the more 
favourable liability regime for a period longer than three years . 
(6) The provisions of paragraphs (3) and (4) of this Article shall not apply to newly 
established onli ne content -sharing  service providers or those that appear under a new name, 
but which in both cases in nature continue the operation of an already existing online content -
sharing  service provider  which paragraphs (3) and (4) of this Article may not apply t o. 
(7) The limitation of liability referred to in this Article may not be applied to providers of 
information society services in the sense of the law regulating electronic commerce whose 
main purpose is to participate in or enable unauthorised use of copyright works or piracy.  
(8) The online content -sharing service provider shall, upon request, provide the author 
with appropriate information on the operation of its practices referred to in paragraph (1) of 
this Article . 
 
Limitations with Implementing Online Content -Sharing  Service 
 
Article 52  
(1) The cooperation between the online content -sharing  service provider and the author 
regulated in Article 51, paragraph (1) of this Act shall not result in the prevention of 
availability  of works  uploaded by the users of t he online content -sharing  service if it does not 
infringe copyright or if the works are used in accordance with the content limitations of 
copyright from this Act . 
(2) The application of Articles 50 and 51 of this Act, as well as this Article, shall not lead 
to a general monitoring obligation.  
(3) The provisions of Articles 50 and 51 of this Act, as well as this Article, do not affect 
the lawful use of copyright works, such as uses in accordance with the content limitations of 
copyright from this Act and shall not lead to identification of individual users or processing of 
their personal  data, except in accordance with Regulation (EU) 2016/679 of the European 
Parliament and of the Council of 27 April 2016 on the protection of natural persons with 
regard to the processing of personal data and on the free movement of such data and repealing 
Directive 95/46/EC (General  Data Protection Regulation) and the Act governing electronic 
communications . 
(4) The online content -sharing  service provider is obliged to inform users through its 
general terms and conditions of business about the possibilities of using copyright works in 
accordance with the content limitations of copyright from this Act.  
(5) Copyright works created by users of online content -sharing  services, when uploading 
and making these works available to the public, shall be subject to the content limitations 
referred to in Articles 202 and 206 of this Act . 
 
 
 24 
 
 Complaints Concerning Online Content -Sharing  Service  
 
Article 53  
(1) The online content -sharing  service provider shall establish effective and expeditious 
complaint and other procedures of legal protection for users of its services, which are 
available in the event of disputes about the denial of access or removal of works uploaded by 
its users.  
(2) Com plaints from users of online content -sharing  services must be resolved 
immediately upon receipt, and decisions to block access or remove uploaded works must be 
subject to human scrutiny .  
(3) Users of online content -sharing services may initiate proceedings be fore the Council 
of Experts for Remunerations in the Field of Copyright and Related Rights (hereinafter: 
Council of Experts) in accordance with Article 239 of this Act, arbitration, other out -of-court 
and court proceedings, especially for the purpose of ex amining the application  of content 
limitations of copyright, in accordance with this Act and other regulations .  
 
Right to Alteration  
 
Article 54  
The right of alteration shall mean the exclusive right to translate, adapt, musically 
arrange or otherwise modify a work.  
 
 
Chapter 4  
 
COPYRIGHT IN LEGAL TRANSACTIONS  
 
4.1. Basic Provisions  
 
Inheritance of Copyright  
 
Article 55  
(1) Copyright shall be inheritable . 
(2) All the rights that would belong to the author shall belong to his hires, unless 
otherwise provided for  in this Act. 
(3) General regulations on inheritance shall apply to all other matters related to 
inheritance of copyright, which are not regulated by this Act . 
 
Transferability of Copyright  
 
Article 56  
(1) Copyright shall not be transferable, except by inheritance  and transfer for the benefit 
of coheirs in the case of dissolution of community of heirs . 
(2) Other dispositions of copyright shall be allowed, unless otherwise provided for by this 
Act. 
 
 
 
 
 25 
 
 Execution  
 
Article 57  
(1) Copyright shall not be subject to execution. Only economic benefits acquired in the 
use of a copyright work may be subject to execution, unless otherwise provided for by this 
Act. 
(2) If the author has, by non -finishing of work or non- publishing of original , breached a 
contractual obligation, he shall not be forced to fulfil it, but shall be liable for damage 
resulting from it. 
 
Disposition of Copyright by Granting a Right of Exploitation  
 
Article 58  
(1) The author may grant to another person a right of exploitati on of a copyright work or 
may entrust him the exercise of copyright by a contract, by giving the authorisation for use, or 
by other legal transaction . 
(2) The author may grant to another person a right on the basis of which he will be able to 
use a copyright w ork in any or in a certain manner (hereinafter: the right of exploitation). The 
right of exploitation may be granted as an exclusive or a non - exclusive right, limited in terms 
of content, time or space . 
(3) The holder of the exclusive right of exploitation ma y use a copyright work in a manner 
which complies with the content of his right and exclude any other person, including the 
author, from such use, unless otherwise provided by this Act. When granting the exclusive 
right of exploitation, it may be defined t hat the author reserves the right of use of the 
copyright work but not to the detriment of the one in whose favour the exclusive right of 
exploitation is established.  
(4) The non- exclusive right of exploitation shall entitle its holder to use the copyright 
work in a manner which complies with the content of his right, but it does not entitle him to 
prevent other persons from any use of that work.  
(5) If the manner of use of a copyright work has not been expressly indicated when the 
right was granted, it shall be co nsidered that the person acquiring the right has acquired a right 
to use a copyright work in a manner necessary to satisfy the purpose of a legal transaction on 
the basis of which the right has been acquired. If from the purpose of the legal transaction it  
cannot be established whether the right was granted as an exclusive or a non -exclusive right, 
limited as to territory, it shall be considered that it was granted as a non -exclusive right for the 
territory of the Republic of Croatia .  
(6) In the case of doubt, a legal transaction comprising a disposition of copyright shall in 
other cases be interpreted for the benefit of the author .  
(7) The author shall refrain from acts that would impede the holder of the right of 
exploitation to exercise his right.  
 
Non-Exercise and Revocation of the Exclusive Right of Exploitation  
 
Article 59  
(1) If the holder of the exclusive right of exploitation fails to exercise his right or 
exercises it insufficiently, prejudicing thereby legitimate interests of the author, the author 
may demand revocation of the exclusive right of exploitation, unless the holder of the 
exclusive right of exploitation proves that he is not responsible for the reasons causing the 
non-exercise of the right . 26 
 
 (2) Where the holder of the exclusive right of exploitation  who was granted such right on 
the basis of a contract or in another way from its original holder ceases to exist, and there is 
no heir or another legal successor to it, the right of exploitation shall be revoked. 
(3) If the holder of the exclusi ve right of exploitation is declared bankrupt, the right of 
exploitation is part of the bankruptcy estate . If in the bankruptcy proceedings no one acquires 
the exclusive right of exploitation, it shall be terminated.  
 
Later Grant of the Exploitation Right  
 
Article 60  
Later grant of the exploitation right, even the exclusive one, shall not prejudice the 
earlier granted exploitation right, exclusive or non-  exclusive, unless otherwise provided by a 
contract on the grant of an earlier right . 
 
Transfer of the Right of Exploitation  
 
Article 61  
(1) The right of exploitation may be transferred without the author's authorisation from 
one person to another within transfer of the entire business or the part thereof constituting the 
entirety . 
(2) Where the right of exploitation can be transferred without the author’s authorisation, 
the person acquiring the right of exploitation shall have joint and several  liability for fulfilling 
the obligation which the person transferring such right has in respect of the author . 
 
Granting of Further Rights of Exploitation  
 
Article 62  
(1) The holder of the exclusive right of exploitation may, on the basis of his right, grant to 
another person further right of exploitation only with the written authorisation of the author. 
The author may not refuse to give his authorisation, if it would be contrary to 
conscientiousness and fairness. The authorisation shall not be necessary if the right of 
exploitation has been granted only for the sake of its exercising for the benefit of the author . 
(2) The provision under paragraph (1) of this Article shall not apply to audiovisual works 
and computer programs. Audiovisual producer and the holder of the exclusive right of 
exploitation may grant to another person further right of exploitation only without prior 
authori sation of the author . 
 
Disposition of Copyright by Entrusting the Exercise Thereof  
 
Article 63  
(1) The author may authorise another person to exercise the copyright for his account. 
Copyright may be exercised for the account of the author on the basis of a legal transaction by 
which the author entrusts the exercise of his right, or, directly, by virtue of the law, complying 
with the pre -requisites provided by this Act . 
(2) It shall be considered that the author has entrusted the exercise of his particular right to 
the collective rights management association which deals with the respective right, if the 
association exercises such right for his benefit and for the benefit of other authors for their 
respective rights . 
 
 27 
 
 Renouncement of Copyright  
 
Article 64  
The author may not renounce his copyright . 
 
4.2. General Part of the Contractual Copyright  
 
Copyright Contracts  
 
Article 65  
A contract on the basis of which the right of exploitation of copyright (hereinafter: 
copyright contract) is acquired shall be concluded in a written form, unless otherwise 
provided by this Act . 
 
Content of Copyright Contracts  
 
Article 66  
(1) A copyright contract shall specify at least the work it concerns, the manner of use, the 
remuneration for the use of the work or an explicit provision that the right of use shall be 
exercised without remuneration  and the person authorised to use the copyri ght work.  
(2) A copyright contract may also be concluded in respect of a work which is not yet 
created, provided that it defines the type of the work and the manner of use of the future work.  
(3) A contractual provision concerning the grant of the right of exploit ation of all author’s 
future works shall be null and void. 
 
Determining  Remuneration for the Use of a Copyright Work  
 
Article 67  
(1) The author shall be entitled to appropriate and equitable remuneration for each use of 
his copyright work.  
(2) If the amount of remuneration has not been determined  by a legal transaction, or if the 
determined  amount of remuneration is not equitable, or if it has not been determined  under the 
provision of Article 235 of this Act, the author shall be entitled to request an appropriate and 
equitable remuneration.  
(3) An equitable remuneration shall be the one that has to be given or determin ed fairly at 
the time of concluding a legal transaction, taking account of the type and scope of the use of a 
copyright work, actual or potential economic value of the right of use as acquired, taking 
account of potential or achieved financial success in it, the author’s contribution to the work 
in total, the kind and size of the work, the duration of use, the existence of agreement bet ween 
the relevant associations of authors and the relevant association of users determin ing the 
amount of equitable remuneration, as well as other elements on the basis of which a decision 
on the  amount  of equitable  remuneration  can be made, such as fair market practice or actual 
exploitation of the work. 
(4) The remuneration set as a lump sum may be equitable if it corresponds to the 
circumstances of the case, taking account of specificities  of various fields of creations.  
(5) The principle of equitable remunerat ion referred to in this Article shall not apply to 
authors of computer programs. 
 
 
 28 
 
 Right of the Author to Adjust  a Contract  
for the Purpose of More Fair Share in the Profit  
 
Article 68  
(1) The author has the right to adjust the originally agreed remuneration  in copyright 
contracts in changed  circumstances . The manner of adjusting the originally agreed 
remuneration in copyright  contracts , in changed circumstances, may be regulated in collective 
agreements between representative associations of authors and representative associations of 
users . 
(2) If the collective agreements referred to in paragraph (1) of this Article have not been 
concluded, the author has the right to demand additional appropriate and fair remuneration  
from the holder of the right of exploitation with whom he concluded the copyright contract  or 
his legal successor, if the originally agreed remuneration proves disproportionately low in 
comparison with the entire subsequent relevant  income generated by th e exploitation of the 
work, taking into account the circumstances of each case, the contribution of the author and 
the specifics of different areas of creativity and market practice that are applied in different 
areas of creativity . 
(3) The author may not waiv e the right referred to in paragraph (1) and (2) of this Article . 
(4) Disputes related to the rights referred to in paragraphs (1) and (2) of this Article may 
be resolved in mediation proceedings before the Council of Experts pursuant to Article 239 of 
this Ac t, in arbitration or court proceedings, which may be initiated by the authors themselves 
or their representative associations at the individual request of one or more  authors . 
(5) This article shall not apply in cases where the contracts are concluded by a col lective 
management organisation or an independent management entity . 
(6) This Article shall not apply to authors of computer programs.  
(7) Contract provisions contrary to this Article shall be null and void. 
 
Transparency Obligation  
 
Article 69  
(1) The author has the right to receive on a regular  basis , at least once a year, up to date , 
relevant and comprehensive information  on the exploitation  of his copyright  work, which is 
the subject of copyright contract , in particular as regards modes of exploitation , all revenues 
generated , any contractual deductions and remuneration due . 
(2) If on the basis of a well -founded right of exploitation the holder of that right 
(hereinafter: primary holder of the right of exploitation) establishes a further right o f 
exploitation, the author has the right to obtain the information referred to in paragraph (1) of 
this Article from the further holder of the right of exploitation , who is also obliged to identify 
further holders of exploitation rights. The author may submit the request for data submission 
to the holder of the further right of exploitation directly or through the primary holder of the 
right of exploitation.  
(3) The obligation to provide information  must be proportionate and effective. In justified 
cases where the obligation to provide all the information referred to in paragraph (1) of this 
Article would be disproportionate in the light of  the revenues generated by the exploitation  of 
the work, the obligation shall be limited to the types and level of information  that can 
reasonably be expected in such cases.  
(4) The obligation to submit information  shall not apply when the author's contribution is 
not significant having regard to the overall  work, unless the author requests the information  
for the exercise of his rights referred to in Article 68 of this Act . 29 
 
 (5) Disputes related to the rights referred to in this Article may be resolved in mediation 
proceedings before the Council of Experts pursuant to Article 239 of this Act, in arbitration or 
court proceedings, which may be initiated by the authors themselves or their representative 
associations at the individual request of one or more authors.  
(6) This article shall not apply to collective management organisations and independent 
management entities . 
(7) This Article shall not apply to authors of computer programs.  
(8) Contract provisions contrary to this Article shall be null and void. 
 
The Right to Unilaterally Terminate the Copyright Contract  
due to Non -Exploitation of the Work 
 
Article 70  
(1) If the holder of the exclusive right of exploitation does not start exploiting the 
copyright work at all within the agreed or legal or appropriate period, the author may invite 
him to fulfil the obligation to exploit it within a subsequent reasonable period of time. If the  
holder of the exclusive right of exploitation does not start exploiting the work even upon 
expiry of the subsequent reasonable period, the author may terminate the contract by a 
unilateral statement.  
(2) In the case of a co -authored or compiled work, all co- authors or authors of the 
compiled work may, by a joint unilateral statement, terminate the copyright contract  in 
application of paragraph (1) of this Article.  
(3) The author has no right to terminate the contract  due to non- exploitation of the work:  
- if non- exploitation is a result of circumstances that can reasonably be expected to be 
corrected by himself; or  
- if there are justifiable reasons for non -exploitation of the work that can be remedied 
and if the holder of the exclusive right of exploitation invokes these reasons within 
eight days upon receipt of the invitation to fulfil the obligation of exploitation within a 
subsequent reasonable time;  in that case, the author is obliged to give the holder of the 
exclusive right of exploitation an appropriate deadli ne for eliminating the reasons for 
non-exploitation of the work. 
(4) In cases when according to the provisions of this Article the author has the right to 
unilateral termination of the contract due to non- exploitation of the work, instead of 
termination he may  unilaterally remove the exclusivity of the right of exploitation which is 
contracted or presumed under this Act . 
(5) This Article shall not apply to authors of computer programs nor to co- authors and 
authors of contributions of audiovisual works.  
(6) Contract provisions contrary to this Article shall be null and void. 
 
Application of Regulations on Civil Obligations  
 
Article 71  
The provisions of the Act regulating civil obligations  shall apply to all the matters 
related to copyright contracts which are not regulated by this Act . 
 
 
 
 
 
 30 
 
 4.3. Special Part of Contractual Copyright Law  
 
4.3.1. Publishing Contract  
 
General I nformation  Concerning the Contract  
 
Article 72  
(1) By a publishing  contract,  the author undertakes to grant  to the publisher  the right of 
reproduction of his particular copyright work by printing or other similar process, and the 
right of distribution of the copies of the copyright work (hereinafter: the right of publicat ion), 
while the publisher undertakes to publish the copyright work as agreed, and to pay to the 
author the agreed remuneration, unless otherwise provided by a contract, as well as to take 
care about a successful distribution of the copies of the copyright work, and to provide the 
author with the information on its distribution.  
(2) Unless otherwise provided by a publishing contract, it shall be presumed that the 
publisher has the exclusive right to publish the work. This presumption shall not apply to the 
right of publication of articles in daily or periodical press, to publications  or electronic 
publications for  which no written contract has been concluded (hereinafter: small publishing 
contract).  
 
Granting of Further Rights of Exploitation  
 
Article 73  
(1) By the publishing contract, the author may grant the right to the publisher to make the 
work available to the public in the form of an electronic book or other electronic publication 
and other property rights. 
(2) By the publishing contract, the author may gra nt the right to the publisher to translate 
his work into a certain language as well as the right to publish the translated work, the right to 
make the translated work available  to the public in the form of an electronic book or other 
electronic publication  and other property rights . 
(3) Unless otherwise specified in the publishing contract, the publisher shall be presumed  
to have the exclusive rights of exploitation referred to in paragraphs (1) and (2) of this Article, 
unless it is a small publishing contract.  
 
Verification of Accuracy of Information  
 
Article 74  
(1) The author shall have the right of insight and control, at any time, of the publisher's 
business records and documentation, to verify the accuracy of information provided to him by 
the publisher . 
(2) The au thor shall be authorised to require from a third person who has reproduced the 
copyright work for the publisher, information concerning the number of copies made of his 
work, and such person shall be obliged to provide the author with complete and true 
information to that effect.  
 
Exception to the Rule Concerning Obligatory Written Form of a Contract  
 
Article 75  
A small publishing contract relating to the publication and other exploitation of 
articles, photos, drawings, video clips and other author's contributions in daily and periodical 31 
 
 press, publications or electronic publications, does not need to be made in a written form . 
 
Conclusion of Contracts through a Representative  
 
Article 76  
A representative of the author may conclude a publishing contrac t only for such 
copyright works as are expressly indicated in the author's power of attorney . 
 
Determin ing the Amount of the Author's Remuneration  
 
Article 77  
(1) If the author’s remuneration is determin ed as a percentage of the retail price of the 
copies sold, the publishing contract must specify a minimum number of such copies of the 
first edition, and a minimum remuneration which the publisher has to pay to the author 
regardless of the number of copies sold.  
(2) If the remuneration is set as a lump sum, the publishing contract must specify the total 
number of copies agreed upon to be printed. If this number is not agreed upon, and unless 
otherwise deriving from fair business practices or circumstances of the case, the publisher 
may publish not more than 500 c opies of the copyright work.  
 
Other Elements of the Contract  
 
Article 78  
(1) A publishing contract shall contain the provision on the validity of the publishing 
right and the validity of other rights of exploitation of the work, if agreed upon.  
(2) A publishing contract may  also contain  the following:  
- a time limit within which the author is required to deliver his correct original  of the 
work. Unless otherwise provided by a contract, this time limit shall be one year from 
the date of the conclusion of the contract;  
- a time limit within which the publisher is required to publish the copyright work. 
Unless otherwise provided by a cont ract, this time limit shall be one year from the date 
of delivery of the copy of the work;  
- the number of the editions which the publisher is authorised to publish. Unless 
otherwise provided by a contract, the publisher shall have the right to publish only one 
edition of the work;  
- a time limit within which the publisher is required to publish a new edition of the 
work, if stipulated by a contract.  Unless otherwise provided by a contract, this time 
limit shall be one year from the date of delivery of such wri tten request by the author ; 
- a provision concerning  the ownership over a copy of the work delivered, if it is the 
first or the only copy. This copy shall remain the ownership of the author, unless he 
undertakes to give it to the ownership of the publisher b y virtue of a contract ; 
- appearance and technical equipment of the copies of the work.  
 
Improvements and Other Modifications of the Copyright Work  
 
Article 79  
Unless otherwise provided by a publishing contract, the publisher shall be required to 
allow the author to make improvements or other modifications to the copyright work when 
new editions are prepared, provided that this does not alter the character of the work.  
 32 
 
 Destruction of the Original  and of the Prepared Edition  
 
Article 80  
(1) If the original of the work is destroyed after its delivery to the publisher, by fault of the 
publisher or by force majeure, and there is no other copy of the work, the author shall be 
entitled to the remuneration that would belong to him if the work had been published. If t he 
author has another copy of the copyright work, he shall deliver it to the publisher, at the 
publisher's expense . 
(2) If a prepared edition of the copyright work is completely destroyed by force majeure 
before it was put into circulation, the publisher shall  be entitled to prepare a new edition, and 
the author shall have the right to remuneration only for the destroyed edition. 
(3) If a prepared edition of the copyright work is partially destroyed by force majeure 
before it was put into circulation, the publisher  shall be entitled to reproduce, without 
payment of remuneration to the author, only that number of copies that was destroyed.  
 
Publisher’s Priority Right  
 
Article 81  
(1) A publisher, who has acquired the right to publish the copyright work, and he was not 
granted the rights of exploitation in the publishing contract according to Article 73 paragraphs 
(1) and (2) of this Act, has among other publishers who offer equal terms , the priority right to 
publish that work in an electronic or any other form . 
(2) A publisher who intends to use the priority right referred to in paragraph (1) of this 
Article, shall submit his offer to the author, within 30 days upon receipt of the author's written 
invitation . 
(3) The priority right referred to in paragraph (1) of this Article, shall last for a period of 
two years as from the date of concluding a publishing contract . 
 
Termination by Rescindment of Publishing Contract  
 
Article 82  
(1) The author may terminate a publishing contract by a unilateral written statement if the 
publisher does not publish the copyright work or does not proceed to publish a new contracted 
edition of the copyright work within the stipulated time or term determined by law . 
(2) If the publishing contract referred to in paragraph (1) of this Article is not fulfilled due 
to a publisher's fault, the author shall have, apart from the right to compensation for damages, 
the right to keep the remuneration received, or to demand payment of the stipulated 
remuneration . 
(3) A publisher may terminate the publishing contract by a unilateral written statement if  
the author  does not deliver  to the publisher a copy of the copyright work within the time limit 
stipulated by a contract or by the law . In cas e of termination, the publisher shall have the right 
to claim the damages  due to non- fulfilment of a contractual obligation.  
 
Destruction of Copies of the Copyright Work  
 
Article 83  
(1) A publisher who intends to sell the unsold copies of the copyright work for recycling, 
or otherwise destroy them, or withdraw them from circulation, shall first offer the buy -off 
thereof to the author, at the price he would have obtained if copies were sol d for recycling. If 33 
 
 he fails to do so, he shall be held liable for the infringement of the right of respect for the 
copyright work referred to in Article 29 of this Act. 
(2) If the author does not accept the publisher's offer referred to in paragraph (1) of this 
Article, or accepts it only for a certain number of copies, the publisher may sell the remaining 
copies of the copyright work for recycling or destroy it or withdraw it from circulation . 
 
4.3.2. Public Performance Contract  
 
General Information about the  Contract  
 
Article 84  
(1) By a contract on public performance of a copyright work, an author undertakes to 
grant the user with the right of exploitation of a copyright work by public recitation of the 
work or by public performance of  his musical  work, in the manner  and under conditions 
provided by a contract, while the user undertakes to pay to the author  a stipulated  
remuneration  for the right acquired, unless otherwise provided by a contract . 
(2) The right of exploitation referred to in paragraph (1) of this Art icle may also be 
established by granting authorisation for public recitation or for live public performance of a 
musical work . 
(3) A user of the copyright work shall be required to allow the author to access the 
performance of the copyright work, to provide for adequate technical conditions that assure 
respect of moral rights of the author, and to provide the author with a list of performed 
copyright works, and to inform the author of the profit derived from the performance of his 
copyright work, unless otherwi se provided by a contract . 
 
Cessation of the Right of Exploitation or of Authorisation  
 
Article 85  
The right of exploitation or the authorisation granted for public recitation, or live 
public performance of a musical work, shall cease if the user does not use the copyright work 
in the manner and under conditions provided by a contract on public performance of the 
copyright work or by the authorisation granted.  
 
Effective application  to Other Public Exploitations of the Work  
 
Article 86  
The provisions referr ed to in Article 84 and 85 of this Act shall also apply accordingly 
to the contract on public transmission, public communication of a fixed work, broadcasting, 
retransmission , direct injection , the contract on making available to the public, public 
communication of a broadcasting, retransmission , direct injection  and making available to the 
public and providing the public with  access to the works uploaded by users of non- stage 
literary and musical works on platforms for content -sharing  via the internet.  
 
4.3.3. Contract on Public Stage Presentation of the Copyright Work  
 
General Information  Concerning the Contract  
 
Article 87  
(1) By a contract on public  stage presentation, an  author undertakes to grant the user with 
the right of public stage presentation of a certain copyright work, while the user undertakes to 34 
 
 present the copyright work on stage in the manner, within a time limit and under conditions 
provided by a contract, a nd to pay remuneration to the author for the  right acquired, unless 
otherwise provided by a contract . 
(2) The provisions  concerning  a contract  on public stage presentation shall also apply 
accordingly to public transmitting, broadcasting, retransmission , direct injection , to making 
available to the public, to public communication of a broadcasting, retransmission , direct 
injection  and making available  to the public and providing the public with access to the works 
uploaded by the users, of stage presentati ons of the copyright work, as well as public 
performance and other forms of communication to the public of stage works in the non-  stage 
manner.  
 
Other Obligations of Users  
 
Article 88  
The provisions referred to in Article 84 paragraph (3) and Article 85 of this Act shall 
apply accordingly to the contract on public stage presentation of a copyright work. 
 
4.3.4. Contract on Audiovisual Adaptation  
 
General I nformation  Concerning the Contract  
 
Article 89  
(1) By a contract on audiovisual adaptation, an author undertakes to establish the right of 
exploitation by audiovisual adaptation for another person or to grant another person with 
authorisation to adapt a copyright work into an audiovisual work (hereinafter:  the right of 
audiovisual adaptation). Unless otherwise provided by the contract, it shall be considered that 
the exclusive right of audiovisual adaptation has been acquired.  
(2) If the right of audiovisual adaptation has been acquired as the exclusive right, the 
author of the original work shall retain:  
1. the exclusive right of new audiovisual adaptations of the original work, which he may 
exercise after the expiration of twenty years from the conclusion of the contract 
referred to in paragraph (1) of this Artic le; 
2. the exclusive right of further alteration of the original work into any other artistic 
form ; 
3. the right to an equitable remuneration for any rental of a videogram containing the 
original work . 
(3) The author cannot renounce the right referred to in paragraph (2) of this Article . 
 
Termination of the Contract 
 
Article 90  
(1) If a person who acquired the right of audiovisual adaptation does not create an 
audiovisual work within five years from the date of having concluded the contract on 
audiovisual adaptat ion or if he fails to communicate the finished audiovisual work to the 
public within two years upon completion of that work, the author of the original work may 
terminate the contract, unless another time limit has been agreed upon.  
(2) In case as referred to in paragraph (1) of this Article, the author of the original work 
retains the right to the payment of remuneration. 
 
 35 
 
 4.3.5. Contract on Audiovisual Production  
 
General Information Concerning the Contract  
 
Article 91  
(1) A contract on audiovisual production shall regulate the relations between the 
audiovisual producer, the principal co -author, other co- authors and the authors of 
contributions of an audiovisual work. 
(2) A contract on audiovisual production may also regulate the relations between the co-
author and the author of a contribution of an audiovisual work. 
 
Contract on Audiovisual Production between the Audiovisual Producer  
and the Principal and Other Co- Authors of an Audiovisual Work  
 
Article 92  
(1) A contract on audiovisual production between the audiovisua l producer and the 
principal and other co- authors of an audiovisual work shall regulate the rights and obligations 
of contracting parties in creating an audiovisual work, the content of the right of exploitation 
that the principal co -author and other co- authors undertake to establish for the audiovisual 
producer under that contract, the duration and area for which the rights of exploitation are 
established, the remuneration  that the audiovisual producer undertakes to pay to the principal 
and other co -authors for the creation of the audiovisual work under the contract and for 
establishing the right of exploitation of that work and other terms of the contract . 
(2) If the principal co -author and other co- authors of an audiovisual work have entrusted 
their rental right  to the audiovisual producer by the contract referred to in paragraph (1) of this 
Article, they shall retain the right to an equitable remuneration for the rental of their 
audiovisual work, which they cannot renounce.  
(3) The remuneration for the rental  shall be paid by the person renting the audiovisual 
work.  
(4) The right to an equitable remuneration for the rental shall be exercised collectively.  
 
Contract on Audiovisual Production between the Audiovisual Producer  
and the Authors of Contributions to an Audiovisual Work  
 
Article 93  
(1) Unless otherwise provided by the contract on audiovisual production between the 
audiovisual producer and the authors of contributions, it shall be considered that the 
audiovisual producer acquires all the economic rights of the authors of contributions to the 
extent necessary to fulfil the purpose of the contract . 
(2) Notwithstanding the provisions laid down in paragraph (1) of this Article, the authors 
of contributions shall retain the right to use individually their contributions to an audiovisual 
work, provided that the rights of audiovisual producers of that work are not prejudiced 
thereby . The authors of contributions cannot renounce that right.  
 
Completed Audiovisual Work 
 
Article 94  
(1) An audiovisual work shall be considered  completed  when,  according  to the agreement  
between  the principal  director as the principal co- author and the audiovisual  producer, the  36 
 
 first standard copy  of the work,  which  is the subject mat ter of the contract on audiovisual 
production, is finished. 
(2) The destruction of the master of the first standard copy of the audiovisual work shall 
be prohibited. 
(3) If the principal co -author, any of the co- authors or authors of contribution refuses to 
continue to collaborate in creation of the audiovisual work, or if he  is unable to continue to 
collaborate due to force majeure, he may not oppose to the use of his contribution already 
made, for the purpose of completion of such work. Such author shall have respective 
copyright as to the contribution to the audiovisual wor k he has already made. 
 
Rescinding of Contract  
 
Article 95  
(1) If an audiovisual producer of an audiovisual work does not complete the work within 
five years from the conclusion of the contract on the audiovisual production of such work, or 
if he does not comm unicate the completed work to the public within two years from the time 
of its completion, the principal  co-author or any of the co- authors may demand by a unilateral 
statement that the contract be rescinded, unless any other term has been stipulated in th e 
contract . 
(2) The authors of contributions shall have no right to unilateral rescinding of the contract 
on audiovisual production. 
(3) In the case referred to in paragraph (1) of this Article, the principal co- author, other 
co-authors of the work and authors of contributions shall retain the right to obtain 
remuneration . 
 
4.3.6. Contract on the Creation of Copyright Work on Commission  
 
Content of the Contract  
 
Article 96  
(1) By a contract on the creation of a copyright work on commission, an author 
undertakes to create a certain work and deliver a copy of such work to the person 
commissioning the work, while the latter undertakes to pay to the author a stipulated 
remuneration and to use the work in accordance with the contract on commission, unless 
otherwise provi ded by the contract . 
(2) The contract on the creation of a copyright work made on commission shall also 
specify characteristics, elements and time limits for delivering the commissioned work, as 
well as the manner of exploiting the work.  
(3) Unless otherwise provided by a contract on the creation of a copyright work on 
commission  or by this Act, the exclusive economic copyright in the commissioned copyright 
work shall be presumed  to have been acquired by the commissioner  without space and time  
limitations, in terms of  content and extent necessary for the realisation of the activity he 
performs.  
(4) Unless otherwise provided by a contract on the creation of a copyright work on 
commission  or by this Act , a natural person commissioning a work for private use shall be 
presumed  to have acquired the exclusive economic copyright to exploitation of a copyright 
work created on commission, in terms of content and extent necessary to fulfil that purpose . 
(5) The contract on the creation of an architectural work on commission explicitly states 
the production of which elements of the architectural work are commissioned, and these 
elements can be a sketch, study, plastic and other presentation, draft, conceptual design, 37 
 
 conceptual design , main project, execution project , plan, project  in space in the field of 
architecture, urbanism and landscape architecture and others.  The presumption of acquisition 
of the right of exploitation referred to in paragraphs (3) and (4) of this Article shall apply only 
to those elemen ts of the architectural work which are explicitly stated in the contract on the 
creation of an architectural work on commission and shall not include processing into those 
elements which are not explicitly stated . 
(6) If the work is commissioned through a publ ic tender, public invitation, public promise 
of a prize or public procurement, the copyright of exploitation shall be acquired on the basis 
of a contract on the creation of a copyright work on commission concluded after a public 
tender, public invitation, public promise of a prize or public procurement, unless otherwise 
provided in them . 
 
Remuneration  
 
Article 97  
(1) The contract on the creation of a copyright work on commission shall specify 
remuneration  for the creation of a copyright work and a remuneration for the exploitation of a 
copyright work commissioned. 
(2) If the contract on the creation of a copyright work on commission specifies a single 
amount of remuneration, without  indicating the type of the remuneration, both remuneration  
for the creation and remuneration  for the exploitation of a copyright work commissioned shall 
be presumed  to have been thereby contracted.  
(3) Unless remuneration  for the creation of a copyright work and remuneration for the 
exploitation of a copyright work commissioned are not specified by a contract, the author 
shall have the right to an equitable and proportionate remuneration to be determined by the 
rules provided by Article  67 of this Act. 
(4) If the remuneration for the exploit ation of a copyright work created on commission is 
earned collectively, the remuneration thus earned shall entirely belong to the author, unless 
otherwise contracted between the commissioner  and the author or deriving from the rules of a 
relevant collectiv e management organisation or from this Act. 
 
Termination of a Contract 
 
Article 98  
(1) In cases of non -fulfilment or delay in fulfilling the obligation of the commissioner , the 
author is authorised to terminate the contract on the creation of a work on commission in 
accordance with the provisions of the act governing civil obligations . 
(2) At the moment of termination of the contract on the creation of a work on commission 
the commissioner’s  right to exploitation of a copyright work shall cease effective from the 
moment of concluding that contract and the contracting parties are obliged to return to each 
other everything they received from each other on the basis of that contrac t. 
 
Special Cases  
 
Article 99  
(1) In case the entire business or business facility of the commissioner , in which a 
copyright work created on commission is or should be exploited, is transferred to another 
person, it shall be presumed that all copyrights to exploitation referred to in Article 96 
paragraph (3) and (5) of this Act in terms of the related copyright works created on 
commission shall pass on to that person, together with the business or business facility.  38 
 
 (2) In case of termination or death of the commissioner  who has no legal successor or 
heir, the economic copyrights to a copyright work created on commission shall be entirely 
returned to the author . 
 
4.3.7. Copyright Work Created in the Course of Employment  
 
Copyright Work Created in the Course of Employment  
 
Article 100  
(1) A copyright work created in the course of employment shall mean the work created by 
an author in the execution of his duties with a certain employer as specified in the 
employment contract. The relations with regard to a copyright work created in the course of 
employment shall be regulated by this Act, by an employment contract or by other act 
regulating the employment, or by another contract concluded between the author and the 
employer . 
(2) Unless otherwise provided by an employment c ontract or by other act regulating 
employment or another contract concluded between the author and the employer, the 
employer shall be presumed  to have acquired exclusive economic copyrights to exploitation 
of a copyright work created in the course of empl oyment, without space and time limitation , 
in terms of content and extent necessary for the realisation of the activity he performs, 
regardless of the termination of employment during the duration of which the act was created.  
(3) The employer shall be presumed to have acquired the author's permission to publish, 
process and translate the work created in the course of employment and use it, compile it with 
another work for joint use and include it in a collection or database and thus use it, and to 
present the work to the public under the employer’s name, together with the author's name, if 
this is possible with regard to the manner of use and unless otherwise agreed with the author 
of the work. These powers may be exercised by the employer in terms of content and to the 
extent necessary for the performance of the activity he performs . 
(4) The employer shall be presumed  to have acquired the author's permission to complete 
his unfinished work created in the course of employment, in case the author's employment is 
terminated before the work is completed, as well as in the case when it can be reasonably 
considered that the author himself will not be able to complete the work properly and timely 
in accordance with  the needs of the employer, unless otherwise agreed with t he author of the 
work . 
(5) If the architectural work was created in the course of employment, paragraphs (1) to 
(4) of this Article shall refer to all elements of the architectural work which include sketches, 
studies, plastic and other representations, drawin gs, conceptual solutions, conceptual designs, 
design development , execution project s, plans, interventions in space in the field of 
architecture, urbanism and landscape architecture, and the employer shall be authorised to use 
all or some elements of the a rchitectural work made in the course of employment to make 
other elements of the same or another architectural work, without limitations and without any 
additional permission of the author, unless  expressly agreed otherwise between the employer 
and the aut hor. 
(6) If a computer programme is created by an employee in the execution of his duties from 
the employment contract, the employer shall have all the exclusive rights to exploit that 
computer program, without limitations in terms of content, time and space, unless otherwise 
provided by the employment contract . 
 
 
 39 
 
 Salary and Special Equitable Remuneration  
 
Article 101  
(1) The right to remuneration for the creation of a copyright  work in the course of 
employment and its exploitation in accordance with Article 100, paragraphs (2) to (6) of this 
Act shall be exercised by receiving a salary . 
(2) If the exploitation  of a copyright work created in the course of employment had a 
significant contribution to the increase of income or profit or to the improvement of the 
employer's activities, the author is entitled to a special equitable remuneration, proportional to 
the contribution of his work to the increase of income or profit or improvement to the  
performing of the employer’s activities, if it is specified in the employment contract, rules of 
operation, collective agreement or other act governing the employment relationship or in 
another contract concluded between the author and the employe r. 
(3) The right to a special equitable remuneration referred to in paragraph (2) of this 
Article belongs to the author regardless of the termination of employment during which the 
copyright work was created . 
(4) If the rights for copyright works created in the course of employment are exercised 
collectively, the remuneration thus obtained belongs entirely to the author, unless otherwise 
agreed between the employer and the author or arising from the rules of the appropriate 
collective management organisation or from this Act. 
 
Special Cases  
 
Article 102  
(1) In case the entire business, business facility or its parts, in which a copyright work 
created in the course of employment is or should be exploited, is transferred to another 
person, it shall be presumed that all copyrights to exploitation referred to in Article 100 
paragraphs (2) to (6) of this Act in terms of the related copyright works created in the course 
of employment, irrespective of termination of the employment during which the work was 
created, shall pass  on the person who acquired the business, business facility or its parts. 
(2) In case of termination or death of the employer who has no legal successor or heir, the 
rights to exploitation referred to in Article 100 paragraph (2) of this Act shall cease to exi st. 
 
Copyright Works of Persons  in Management Positions  in Legal Entities  
 
Article 103  
(1) The provisions referred to in Articles 100 to 102 of this Act shall apply accordingly to 
copyright works created by a member of the administrative or supervisory body of the 
company or a person performing another appropriate management function in the company in 
fulfilment of his obligations to the company.  
(2) The provisions referred to in Articles 100 to 102 of this Act shall apply accordingly to 
copyright works created by a member of administrative or supervisory bodies or persons in 
fulfilment of his obliga tions to other legal persons under private law, such as associations, 
institutions, foundations and the like, performing another appropriate management function in 
those legal entities, regardless of the type of legal relationship with the legal entity or the 
decision of the legal entity to perform the management function . 
 
 
 
 40 
 
 4.3.8. Copyright Works Created in a State or Public Service  
 
Definition of Terms  
 
Article 104  
The terms civil servants and employees, state office, state officials, civil servants and 
employees and members of representative bodies and executive bodies in local and regional 
self-government, public servants and employees and public service, used in this Act, have the 
meaning  regulated by laws governing state and public service, local and regional self -
government, and the rights and obligations of state officials . 
 
Copyright Works Created in a Civil Service  
 
Article 105  
(1) A copyright work created in a civil service is a work created by the author during the 
civil service -  a civil servant or an employee performing his obligations from the civil service.  
Relations regarding a copyright work created in the civil service shall be regulated by this Act 
or another act governing the civil service or by an act of the head of the body in which the 
author performs civil service or by a contract concluded between the competent authority  and 
the author.  
(2) Unless otherwise provided by an act governing the civil service or an act of the head 
of the body in which the author performs civil service or a contract concluded between the 
competent body and the author, the Republic of Croatia shall be presumed to have acquired 
exclusive copyrigh t to use a copyright work  created during civil service, in terms of content 
and extent necessary to fulfil the purpose of the civil service, without space and time 
limitation, and regardless of the termination of the civil service during the duration of which 
the work was created.  Economic exploitation rights for the Republic of Croatia are exercised 
by the competent authorities . 
(3) It is considered that the competent body exercising economic rights in a work created 
in the civil service for the Republic of Cr oatia in accordance with paragraph (2) of this Article 
has obtained the author's permission to publicly publish, process and translate the work 
created in the civil service, to use such work, combine it with another work for shared use and 
include it in th e collection or database and use it thus, as well as to present the work to the 
public under the name of the Republic of Croatia and/or the competent authority in which the 
author performs civil service, together with the author's name, if this is possible  considering 
the manner of use and unless otherwise agreed with the author of the work. These powers may 
be exercised by the competent authority in the content and to the extent necessary to fulfil the 
purpose of the civil service.  
(4) It is considered that th e competent body exercising economic rights for the Republic 
of Croatia in accordance with paragraph (2) of this Article has obtained the author's 
permission to complete his unfinished work created in the civil service, in case his civil 
service ceases bef ore the completion of the work, as well as in the case when it can be 
reasonably considered that the author will not be able to complete the work himself in an 
orderly and timely manner in accordance with the needs of the competent authority, unless 
otherw ise agreed with the author of the work.  
 
 
 
 
 41 
 
 Salary and Special Equitable Remuneration  
 
Article 106  
(1) The right to remuneration for the creation of a copyright work during civil service and 
its exploitation in accordance with Article 105, paragraphs (2) to (4) of this Act shall be 
exercised by receiving a salary . 
(2) If the use of a copyright work created in the civil service is suitable for commercial 
exploitation, the author is entitled to a special equitable remuneration, proportional to the 
commercial income gen erated by his copyright work, if determined by an act regulating the 
civil service or an act of the head  civil service where the author performs civil service, by a 
collective agreement or by an agreement concluded between the competent authority and the 
author . 
(3) The right to a special equitable remuneration referred to in paragraph (2) of this 
Article belongs to the author regardless of the termination of civil service during which the 
copyright work was created . 
(4) If the rights for copyright works created in  the civil service are exercised collectively, 
the remuneration thus obtained belongs entirely to the author, unless otherwise agreed 
between the competent authority and the author or arising from the rules of the appropriate 
collective management organisation or from this Act . 
 
Copyright Works of State Officials  
 
Article 107  
The provisions referred to in Articles 105 and 106 of this Act shall apply accordingly 
to copyright works created by state officials in state authorities and state administration bodie s 
of the Republic of Croatia in the performance and for the purpose of fulfilling official duties.  
 
Copyright Works Created in Local and Regional Self -Government Units  
 
Article 108  
The provisions referred to in Articles 105 to 107 of this Act shall apply accordingly  to 
copyright works created by civil servants and employees in local and regional self -
government units as well as by members of representative bodies and executive bodies in the 
performance and for the purpose of fulfilling their obligations in local and regional self -
government units . 
 
Copyright Works Created in Public Service  
 
Article 109  
The provisions referred to in Articles 100 to 103 of this Act shall apply accordingly  to 
copyright works created by public servants and employees in performing public service.  
 
Copyright Works Created in Scientific, Artistic, Teaching and Professional Work at Higher 
Education Institutions and Scientific Organisations  
 
Article 110  
(1) With regard to copyright works created by scientists, associates and teachers elected to 
scientific -teaching, artistic -teaching, scientific, teaching, associate and professional titles, in 
the performance of their teaching, educational or similar activities, in higher education 42 
 
 institutions and scientific organisations, Article s from 100 to 103 and Article 109 of this Act 
shall apply . 
(2) Copyright on copyright  works created by scientists, associates and teachers elected to 
scientific -teaching, artistic -teaching, scientific, teaching, associate and professional titles, in 
accordance with the act governing scientific and artistic activity and higher education, in  the 
performance of their scientific, research, professional, artistic or similar activities, at higher 
education institutions and in scientific organisations, belong to their authors, without 
limitation s, unless provided otherwise by the employment contra ct, other act regulating the 
employment relationship, collective agreement or other contract with the author . 
(3) Higher education institutions and scientific organisations may adopt rules on the 
management of copyright works and related copyrights at higher e ducation institutions and 
scientific organisations, in accordance with this Act . 
 
4.3.9. Copyright Works of Students  
 
Student Copyright  
 
Article 111  
(1) Copyrights on copyright  works created by students at any study at higher education 
institutions belong to t heir authors without limitation s, unless provided otherwise by this Act, 
the rules referred to in paragraph 3 of this Article, the study contract or other contract with the 
student . 
(2) The provision of paragraph 1 of this Article refers to copyright  works cre ated by 
students in the performance of their student obligations in undergraduate, graduate and 
postgraduate studies, such as final and seminar papers, papers created as a result of scientific 
research, works of art and the like . 
(3) Higher education institutions, in accordance with the rules on quality assurance in 
science and higher education, shall adopt rules on the handling and use of copyright works 
referred to in paragraphs (1) and (2) of this Article and publish them in a visible place on their 
website . The rules shall be adopted by the highest body of such legal entity, such as the senate 
or council, in accordance with the regulations and the act regulating the structure and 
competencies of the body of that legal entity . 
(4) Before  the start of studies, i.e. before concluding the study contract, the student must 
be adequately acquainted with the rules referred to in paragraph 3 of this Article and must 
agree to them in writing in order to apply to him  student. 
(5) The student may not object to his dissertation created at any higher education 
institution being made available  to the public on the appropriate public online database of the 
university library, university constituent library, polytechnic or college library and/or on the 
public  online database of dissertations of the National and University  Library, in accordance 
with the act governing scientific and artistic activities and higher education . 
(6) If, in order to obtain protection by a patent, industrial design or other industrial 
property right, in accordance with special regulations governing industrial property rights, it is 
necessary to temporarily maintain the confidentiality of the content or part of the content of 
the thesis, the student may request postponement of publication r eferred to in paragraph 5 of 
this Article until the conditions for achieving adequate protection of industrial property rights 
are met or until the need for confidentiality ceases . 
 
 
 
 43 
 
 Chapter 5  
 
RELATION BETWEEN COPYRIGHT AND OWNERSHIP  
 
General I nformation  Concerning the Relation between Copyright and Property Rights  
 
Article 112  
(1) Copyright is individual and independent from ownership and other proprietary rights 
in an object on which the copyright work is fixed. 
(2) Ownership and other proprietary rights in an object on which a copyright work is fixed 
shall not be, without the authorisation of the copyright holder, exercised contrary to copyright, 
unless otherwise provided by this Act . 
 
Independence of Legal Transactions  
 
Article 113  
(1) Disposition of copyright shall not affect the ownership in an object on which the work 
is fixed, unless otherwise provided by this Act or a contract . 
(2) Disposition of ownership in an object on which the copyright work is fixed, shall not 
affect the copyright in such work, unless otherwise provided by this Act or a contract . 
 
Destruction of Copyright Work 
 
Article 114  
(1) The owner of an original of a copyright work who knows or has reasonable grounds to 
know that the author or any of the co -authors has a special interest in saving such original 
from destruction, shall be obliged, before destructing it, to notify them about the intention of 
destruction and shall offer them to buy off the original at a price equivalent to its real value. 
Where the return of the original to the possession of  the author is not possible, the owner shall 
allow the author to make a copy of the copyright work in a corresponding manner. If the 
author does not want to buy off the original, the owner is free to destroy it, but shall, at the 
author's request, allow hi m to photograph or tape it before destruction . 
(2) The owner of objects containing copies of a copyright work shall not have obligations 
referred to in paragraph (1) of this Article, unless he knows or must know that neither the 
original nor other copies of that work exist . 
(3) The owner of the object on which a  copyright work has been fixed without his 
authorisation, may destroy  the object, without obligations referred to in paragraphs (1) and (2) 
of this Article . 
(4) The provisions set out in paragraphs (1) and (2) of this Article shall not apply to works 
of architecture. The owner of a work of architecture shall only be obliged to notify the author 
about the destruction, and shall allow him, at his request, to photogr aph or tape that work and 
shall deliver to him a copy of the design of that work, if he has it.  
 
Alterations and Restoration of an Architectural Work  
 
Article 115  
(1) In the case of necessary alterations to an architectural work, the interests of its owner 
must be taken into account. The author of a work of architecture may not oppose to the 
necessary alterations to his architectural work resulting from the noncompliance with  the 
basic requirements for a building from the law governing construction.  44 
 
 (2) Where the work of architecture needs to be restored due to noncompliance  with the 
basic requirements for the building from the law governing construction, its author may not 
oppose to the use of other materials if the materials used in the construction thereof proved to 
have deficiencies, or if such materials could not be obtained, or if they can be obtained only 
with disproportionate  difficulties  or expenses . 
(3) In the cases referred to in paragraphs (1) and (2) of this Article, where the work of 
architecture is designated by his name, the author shall be entitled to demand that the owner 
of the building , beside the name of the author  make a note concerning necessary alterations of 
the work of architecture and the time they were made or to erase his name . 
(4) In case of need for alteration or restoration of a work of architecture created on the 
basis of a public tender or financed by public funds or in case a work of architecture has been 
awarded a professional award, the consent of the author of the work of architecture must be 
obtained for each alteration.  The author shall not deny consent without a justifiable reason and 
is obliged to give consent in a way that does not cause disproportionate expenses  to the owner 
of the work of architecture or a significant delay in  alteration or restoration of the work of 
architecture.  
(5) If a work of architecture is a protected cultural property, during the alteration, 
including restoration, of such work for any reason, the author of such work is not authorised 
to oppose to alterations of his work of architecture required by the decision of the competent 
authority in accordance with the law governing preservation and protection of cultural 
property.  
(6) The author of a work of architecture that alters, and restores cultural property, is not 
authorised to oppose to alterations of his work of architecture, including restoration of cultural 
property, which according to the decision of the competent authority are required under the 
law governing the preservation and protection of cultural prope rty. 
 
Right of Access to the Copyright Work  
 
Article 116  
(1) Regardless of economic copyrights that t he author  has under this Act or had 
previously or subsequently at his disposal, he  may require from the owner or direct possessor 
of the original or a copy of the copyright  work to allow him access to his  work, if such access 
is indispensable  for making copies of the copyright work or its alteration, and is not contrary 
to any legitimate interests of the owner or possessor . 
(2) Provisions of this Article do not  oblige the owner or direct possessor to deliver to the 
author the original or a copy of the copyright work. 
 
Right to Prohibit Public Exhibitions of the Copyright Work  
 
Article 117  
(1) The author of an undisclosed work of visual art, applied art, industrial design, and an 
undisclosed photographic work, shall have upon alienation of the original or a copy of that 
work, the right to prohibit to its owner to exhibit the work to the public . The prohibition shall 
be set in writing.  
(2) The author shall not have the ri ght referred to in paragraph (1) of this Article, if the 
work belongs to a museum, gallery or other similar public institution . 
 
 
 
 45 
 
 Obligations of the Author and an Heir to  the Work of Visual Arts against the Owner  
 
Article 118  
(1) If the author has alienated his  work of visual art under his name , he or his heir  shall 
issue a certificate of authorship to the owner of that work on request . 
(2) Paragraph  (1) o this Article shall also apply in case where an heir has alienated the 
work of visual art after the author’s dea th, and the author did not state for life in writing that 
he did not wish to be indicated as the author of that work. 
 
 
 
CHAPTER 6  
TIME LIMITATIONS OF COPYRIGHT  
 
General Provisions on Duration of Copyright  
 
Article 119  
Copyright shall run for the life of the author and for 70 years after his death, 
irrespective of the date when the work is lawfully released, unless otherwise provided by this 
Act. 
 
Duration of Copyright for Co- Authors' Work  
 
Article 120  
(1) If the co -authors are the holders of joint copyright i n the created copyright work, the 
term referred to in Article 119 of this Act shall be calculated from the death of last surviving 
co-author . 
(2) For audiovisual works, the term referred to in Article 119 of this Act shall be 
calculated from the death of the l ast of the following persons to survive : the principal  director, 
the author of the screenplay, the author of the dialogue, and the composer of music 
specifically created for use in the audiovisual work . 
 
Duration of Copyright for a Musical Work with Lyrics  
 
Article 121  
(1) As regards a musical work with lyrics , the term referred to in Article 119 of this Act 
shall be calculated from the death of the last surviving among the authors of the music and the 
authors of the text who have created the music or the text, respectively,  specifically  for the 
use in such musical work with lyrics . 
(2) If the music or the text, respectively, has not been created specifically for the use in 
such musical work with lyrics , but independently from one another, the term of protection 
referred to in Article 119 of this Act shall apply  to each one of them separately . 
 
Duration of Copyright for Anonymous Work  
 
Article 122  
Copyright in anonymous works shall run for 70 years after the work has been lawfully 
disclosed. If the  author  discloses  his identity  during  such period, the term of protection set out 
in Article 119 of this Act shall apply . 
 46 
 
 Duration of Copyright for Pseudonymous Work  
 
Article 123  
(1) Copyright in pseudonymous works shall run for 70 years after the work is lawfully 
disclosed . If the author discloses his identity during such period, the term of protection set out 
in Article 119 of this Act shall apply . 
(2) Where a pseudonym leaves no doubt as to the identity of the author, the term of 
protection set out in Article 119 of this Act shall apply . 
 
Duration of Copyright for the Work Disclosed in Series  
 
Article 124  
Where a work is disclosed in volumes, parts, sequels , issues or episodes and the term 
of protection runs from the time when the work was lawfully disclosed, the term of prot ection 
shall run for each such item separately . 
 
Duration of Copyright for Undisclosed Work 
 
Article 125  
Where the term of protection is not calculated from the death of the author, and where 
the work has not been lawfully disclosed, the copyright shall ex pire upon the expiration of a 
period of 70 years from the creation of the work.  
 
Calculation of Terms  
 
Article 126  
Terms of copyright laid down in this Act shall be calculated from the 1st January of the 
year following the year in which the relevant event has occurred . 
 
Effects of Expiration of Terms  
 
Article 127  
(1) By the expiration of copyright, a copyright work shall become a public good, and may 
be used freely,  with the obligation of recognis ing authorship, paying  respect  to the work, and 
to the honour or reputation of the author . 
(2) Against those who do not comply with the obligation referred to in paragraph (1) of 
this Article, the  author's heirs, the associations of the authors the author  belonged to, other 
persons having legal interest in it and the Croatian Academy of Sciences and Arts, shall be 
entitled to demand the termination of infringement of such obligation. 
 
 
 
 
 
 
 
 
 
 
 47 
 
 PART THREE  
 
RELATED RIGHTS  
 
Chapter 1  
 
RIGHTS OF PERFORMERS  
 
Performers 
 
Article 128  
Performers shall mean actors, singers, musicians, dancers and other persons who act, 
sing, declaim, interpret, play in, or otherwise perform literary or artistic copyright works or 
expressions of folklore. A director  of theatrical  performance and a  conductor of an artistic 
ensemble shall be also deemed performers . 
 
Presumption of a Performer  
 
Article 129  
A natural person whose name, pseudonym, artistic sign or code is in the usual way 
indicated on copies of the performance or when the performance is published shall be 
presumed  a performer, until proven otherwise . 
 
Representative of an Artistic Ensemble  
 
Article 130  
(1) Performers who are members of an artistic ensemble may authorise, in a written form, 
one of their members or a third pe rson to represent them in the exercise of their performers’ 
right , in terms of the performances they perform within that artistic ensemble . 
(2) The authorisation referred to in paragraph (1) of this Article shall require the consent 
of the majority of members of an artistic ensemble, unless otherwise provided by the internal 
rules of the ensemble. It shall be presumed  that performers who are not m embers of an 
ensemble but participate in a particular performance of that ensemble have also given their 
consent . 
(3) The provisions of this Article shall not apply to conductors, soloists, directors of 
theatrical performances and players of leading roles, who  are not members of the ensemble, 
unless otherwise agreed between them and the artistic ensemble. 
 
1.1. Moral Rights of Performers  
 
Right of Recognition of a Performer  
 
Article 131  
(1) A performer shall have the right to be recognised and indicated as such . 
(2) A person who publicly uses a performance shall at any use indicate a performer, 
except where the performer declares in a written form that he does not want to be indicated as 
such or where the manner of individual public use of the artistic performance makes  it 
impossible to indicate the performer . 
 
 48 
 
 Right of Respect for Artistic Performance 
 
Article 132  
(1) A performer shall have the right to oppose to any distortion, mutilation or similar 
modification of his performance, and the right to oppose to any destruction of the original or 
of the last copy of his fixed artistic performance, under effective applicati on of the provisions 
referred to in Article 114 paragraphs (1) to (3) of this Act .  
(2) Minor modifications, alterations, adaptations or remakes , which do not affect the basic 
character of an artistic performance, shall not be considered  distortion, mutilation  or similar 
modification within the meaning of paragraph (1) of this Article . 
 
Right of Respect for Honour and Reputation of a Performer  
 
Article 133  
A performer shall have the right to oppose to any use of the performance  in the 
manner to infringe  his honour or reputation.  
 
1.2. Economic Rights of Performers  
 
Reproduction  
 
Article 134  
A performer shall have the exclusive right  to fix his unfixed performances and to 
further reproduce his fixed performances . 
 
Distribu tion, Rental Right and Lending Right  
 
Article 135  
(1) A performer shall have the exclusive right  to distribute, including the rental  right , of 
his fixed performance  and the right to an equitable remuneration if the copies of his fixed 
performance permitted to be further distributed are bei ng lent  through public libraries . 
(2) A performer, who entrusts his rental right to a producer of phonograms or to an 
audiovisual producer, shall retain his right to an equitable remuneration for the rental of his 
fixed performance. Remuneration for the rental  shall be paid by the person renting the artistic 
performance.  
(3) The performer may not renounce the right to an equitable remuneration for the public 
lending  referred to in  paragraph (1) of this Article or the right to an equitable remuneration for 
the rental referred to in paragraph ( 2) of this Article . The right to an equitable remuneration 
for the public lending and the right to an equitable remuneration for the rental shall be 
exercised  collectively only . 
 
Communication of an Artistic Performance to the Public  
 
Article 136  
(1) A performer shall have the exclusive right  to communicate to the public his unfixed 
and fixed performances  including in particular : 
- the right of public performance ; 
- the right of public transmission;  
- the right of public communication of a fixed performance;  
- the right of public presentation of an  audiovisual  performance;  49 
 
 - the right of broadcasting ; 
- the right of retransmission ; 
- the right of direct injection ; 
- the right of making available to the public ; 
- the right of public communication of broadcasting, retransmission , direct injection  and 
making available to the public ; 
- the right of communication to the public, including an act of making  available  to the 
public within an  ancillary  online service ; 
- the right of communication to the public, including an act of making  available  to the 
public with providing the public with access to performances uploaded by users on 
platforms for online content -sharing ; and  
- other manners of communication to the public . 
(2) A performer shall be entitled to a share in a single equitable remuneration for 
broadcasting and any other communication to the public of his fixed performance . The single 
equitable remuneration consists of individual remunerations which belong to the performers 
and the producers of phonograms . 
(3) If an unfixed musical performance or a musical performance fixed i n a phonogram  is 
incorporated in an audiovisual work, a performer shall retain the exclusive right of 
communication to the public or a share in a single equitable remuneration referred to in 
paragraph (2) of this Article, which he cannot renounce . 
 
Use of Performance for Completion of Audiovisual Work  
 
Article 137  
If a performer refuses to complete his performance in an audiovisual work, or if he is 
unable to do so due to force majeure, he may not oppose to the use of his performance already 
made, for the purpose of completion of such audiovisual work. Such performe r shall have 
adequate rights of a performer as to the contribution to an audiovisual work he has already 
made.  
 
Duration of Rights  
 
Article 138  
(1) The right of a performer shall run for 50 years as from the performance . 
(2) If, within the period referred to in paragraph (1) of this Article, the performance fixed 
in a phonogram is lawfully published or lawfully communicated to the public, the right shall 
expire upon 70 years from the first such publication or the first such communication to the 
public, whichever occurred earlier . 
(3) If, within the period referred to in paragraph (1) of this Article, a fixation of the 
performance which is not a phonogram is lawfully published or lawfully communicated to the 
public, the right shall expire upon 50 years from the first s uch publication or first such 
communication to the public, whichever occurred earlier . 
 
1.3. Effective A pplication  of the Provisions on Copyright  
 
Effective A pplication  of the Provisions on Copyright  
 
Article 139  
The provisions referred to in Articles 5, 17, 25, 26, 33, 34, Articles from 36 to 53, 
Articles from 55 to 71, Articles from 84 to 86, Articles from 96 to 114, and Articles 126 and 50 
 
 127 of this Act shall apply accordingly and pursuant to the provisions under  this Chapter to 
the rights of a performer as well, unless otherwise provided specifically for him or aris ing 
from the legal nature of the rights of performers . 
 
Chapter 2  
 
RIGHT OF PRODUCERS OF PHONOGRAMS  
 
Phonogram and a Phonogram Producer  
 
Article 140  
(1) A phonogram shall mean the fixation of the sounds of a performance or of other 
sounds or of representations of sounds, other than in the form of fixations incorporated in an 
audiovisual work.  
(2) Phonogram producer  shall be a natural or a legal person, who or w hich takes the 
initiative and has the responsibility for the first fixation of a ph onogram.  
 
Presumption of a Phonogram Producer  
 
Article 141  
It shall be considered that the phonogram producer is the one whose name or company 
name is regularly indicated as  the holder of the rights of phonogram producers on the 
phonogram, until proven to the contrary . 
 
Rights of Phonogram Producers  
 
Article 142  
(1) A phonogram producer shall have the following economic rights : 
- the exclusive right to reproduce his phonograms;  
- the exclusive right to distribute his phonograms , including the rental right  and the right 
to an equitable remuneration if his phonograms permitted to be further distributed are 
being lent through public libraries; the right of remuneration for the public lending 
shall be exercised collectively only ; 
- the exclusive right to make his phonograms available  to the public ; 
- the exclusive right to communicate his phonograms to the public, including an act of 
making  available to the public, within an ancillary  online service ; 
- the exclusive right to communicate his phonograms to the public, including an act of 
making  available to the public with providing public access to the phonograms 
uploaded by users on platforms for online content -sharing ; 
- the right , in accordance with Article  136 paragraph  (2) of this Act,  to a share in a 
single equitable remuneration for: public communication, public presentation, 
broadcasting, retransmission , direct injection , public communication of broadcasting, 
retransmission , direct injection  and making available  to the public and any other 
communication to the public of his phonograms issued for commercial purposes; this 
right shall be  exercised collectively only . 
(2) The rights to phonogram shall in no way be limited by its incorporation into an 
audiovisual work.  
(3) If a phonogram issued for commercial purposes  is incorporated in an audiovisual 
work, the phonogram producer shall retain the right to a share in a single equitable 51 
 
 remuneration referred to in paragraph (1) subparagraph 6 of this Article, which he cannot 
renounce . The right to such remuneration shall be exercised collectively only . 
 
Rights of Phonogram Producers in Legal Transactions  
 
Article 143  
Disposition with the rights of phonogram producers shall be free . 
 
Duration of Rights  
 
Article 144  
The rights of a phonogram producer shall run for 50 years as from the first fixation of 
a phonogram. If, within this period, the phonogram is lawfully published, the rights shall run 
for 70 years as from the first such publication. If, within this period, the phonogram is not 
lawfully published, but is lawfully communicated to the public, the rights shall run for 70 
years as from the first such communication to the public . 
 
Effective A pplication  of the Provisions on Copyright  
 
Article 145  
The provisions referred to in Articles 5, 17, 25, Article 26 paragraph (3) , Articles 33 
and 34, Articles from 36 to 53, Article 55, Articles from  58 to 63, Articles from 65 to 71, 
Articles from 84 to 86, Articles from 96 to 114, and Articles 126 and 127 of this Act shall 
apply accordingly and pursuant to the provisions under this Chapter to the rights of a 
phonogram producer as well, unless otherwise provided specifically for him or deriving from 
the legal nature of the rights of phonogram  producers . 
 
Chapter 3  
 
CONTRACTS BETWEEN PERFORMERS AND PHONOGRAM PRODUCERS  
 
Termination of a Contract between a Performer and a Phonogram Producer  
 
Article 146  
(1) If, 50 years after the phonogram was lawfully published, or failing such publication, 
respectively, 50 years after it was lawfully communicated to the public, the phonogram 
producer does not offer copies of the phonogram for sale in the quantity satisfying  reasonable 
needs of the public or does not make it available to the public, the performer may terminate 
the contract which was concluded for the whole duration of the protection of the performer’s 
rights  and by which the  phonogram producer was granted the  right of exploitation of the 
performance fixed on a phonogram . 
(2) Prior to the termination of the contract referred to in paragraph (1) of this Article, the 
performer shall notify the phonogram producer that he is obliged to issue  the phonogram 
within a peri od of one year, counting from the day of receipt of the written notification of the 
performer.  
(3) The performer may not waive the right to terminate the contract referred to in 
paragraph (1) of this Article . 
(4) If a plurality of performers participated in the cr eation of a performance, they may 
terminate the contract referred to in paragraph (1) of this Article jointly or in accordance with 
the provision of Article 1 30 of this Act . 52 
 
 (5) If the performer terminated the contract in accordance with paragraph (1) of this 
Article, the rights of the phonogram producer  in this phonogram  shall expire upon the 
expiration of 50 years from the lawful publication of the phonogram or, failing such 
publication, 50 years from its lawful communication to the public . 
 
Annual Supplementary Remuneration  
 
Article 147  
(1) If, according to the contract between a performer and a phonogram producer, which 
was concluded for the whole term of protection of the performer’s rights and by which the 
phonogram producer was granted the right of exploitation of the performance fixed in a 
phonogram, the performer has acquired a right to obtain a one -off remuneration, the 
performer, according to this Act, shall acquire a right to obtain an annual supplementary 
remuneration . 
(2) The phonogram producer shall pay to the performer an annual supplementary 
remuneration for each full year following the 50th year after the phonogram was lawfully 
published or, failing such publication, the 50th year after it was lawfully communicated to the 
public, respectively . 
(3) The performer may not waive the right to obtain the annual supplementary 
remuneration . This remuneration shall be exercised collectively only . 
(4) The an nual supplementary remuneration shall amount to 20% of the revenue which the 
phonogram producer has derived from the reproduction, distribution and making available to 
the public of the phonogram containing the  fixed performance  of the performer , and it  shall be 
calculated on the basis of the revenue derived by the phonogram producer in the year 
proceeding the year for which it is due . 
(5) The phonogram producer shall  give to the performer, to the person authorised by him 
as well as to the appropriate collective management organisation, any information necessary 
for payment of the annual supplementary remuneration. 
 
Rebalance of the Content of Contracts for the Benefit of Performers  
 
Article 148  
(1) If, according to the contract between a performer and a phonogram producer, which 
was concluded for the whole term of protection of the performer’s rights and by which the 
phonogram producer was granted the right of exploitation of the performance fixed in a 
phonogram, the performer has acquired a right to obtain a recurring remuneration, neither 
possibly earlier paid advances nor any possible other deductions defined by such contract 
shall be deducted when calculating the amount of such remuneration . 
(2) The p rovision referred to in  paragraph (1) of this Article shall apply after the 
expiration of 50 years from the lawful publication of a phonogram or, failing such 
publication, 50 years from its lawful communication to the public, respectively . 
(3) A performer shal l be entitled  to require  rebalance of  the contract he concluded with a 
phonogram producer before 1 November 2013, after the expiration of 50 years from the 
lawful publication of a phonogram or, failing such publication, 50 years from its lawful 
communication to the public . 
(4) If a performer and a phonogram producer fail to achieve an agreement concerning an 
equitable rebalance of the contract referred to in paragraph (3) of this Article, the rights of the 
phonogram producer in such phonogram shall e xpire upon the expiration of 50 years from the 
lawful publication of the phonogram or, failing such publication, 50 years from its lawful 
communication to the public, respectively . 53 
 
  
Contract  on Online Exploitation of a Musical Artistic Performance  
 
Article 149  
(1) By the contract on the online exploitation  of musical artistic performance, the 
perform er undertakes to grant  the phonogram producer with the right to make it available to 
the public, and the appropriate right of reproduction (hereinafter: the right of online 
exploitation of  musical artistic performance), and the phonogram producer undertakes to 
exploit  artistic performance as agreed and to pay agreed remuneration  to the  performer for the 
acquired rights, unless otherwise provided by the contract, and to take care of the successful 
exploitation  of the online artistic performance and provide the performer with information on 
the exploitation  in accordance with the provisions of this Act . 
(2) The contract referred to in paragraph (1) of this Article shall be concluded in writing . 
(3) The phonogram producer is obliged to conclude the contract referred to in paragraph 
(1) of this Article in relation to the artistic performance he exploits  online  with all performers 
participating in the artistic performance . 
(4) If the phonogram producer does not enter into a contract referred to in paragraph ( 1) of 
this Article with one of the performer s participating in the artistic performance or the  contract 
referred to in paragraph 1 of this Article does not contain all the provisions referred to in 
paragraph (1) of this Article , it shall be presumed  for these performers that the rights of  
exploitation of their musical artistic performance on line are exercised  collectively, according 
to the phonogram producer . 
(5) If the performer is also a producer of phonograms in respect of his artistic performance  
in the sense of this Act , the provisions of this Article shall not apply to him and he may freely 
dispose of his rights as a performer and the rights of a phonogram producer . 
 
Chapter 4  
 
RIGHTS OF AUDIOVISUAL PRODUCERS   
 
Videogram and an Audiovisual Producer   
 
Article 150  
(1) A videogram shall be, within the meaning of Article 33 paragraph (1) of this Act, a 
fixation of an audiovisual work, as well as of a sequence of moving images accompanied by 
sound or without sound. 
(2) An audiovisual producer shall mean a natural or a legal person, including television 
publishers, music video producers and other videogram producers, who or which in its own 
name takes the initiative, raises funds, organises and takes the responsibility for making of the 
first fixation of a videogram . 
 
Presumption of an Audiovisual Producer  
 
Article 151  
An audiovisual  producer  shall  be presumed  the one whose name or company name is 
regularly indicated as the holder of the rights of the audiovisual producer on copies of a 
videogram, until proven to the contrary . 
 
 
 54 
 
 Rights of an Audiovisual Producer  
 
Article 152  
An audiovi sual producer shall have the following economic rights : 
- the exclusive right of  reproduction of his  videograms ; 
- the exclusive right of  distribu tion, including the rental of his videograms and the right 
to an equitable remuneration if his videograms, which are permitted to be further 
distributed, are being lent through public libraries ; the right to a remuneration for 
public lending shall be exercised collectively only ; 
- the exclusive right of  public presentation of his  videograms ; 
- the exclusive right of  making his  videograms av ailable to the public ; 
- the exclusive right of  communicating his videograms to the public, including an act of 
making  available to the public, within an ancillary  online service ; 
- the exclusive right of  communicating his videograms to the public, including an act of 
making  available  to the public with providing the public with access to the videograms 
uploaded by users on platforms for online content -sharing . 
 
Rights of an Audiovisual Producer in Legal Transactions  
 
Article 153  
Disposition with the right of the audiovisual producer shall be free . 
 
Duration of Rights  
 
Article 154  
The right of an audiovisual producer shall run for 50 years as from the date of the first 
fixation of a videogram. If the videogram is lawfully published or lawfully communicated to 
the public during this period, the right of the audiovisual producer shall run for 50 years as 
from the date of the first such publication or the first such communication, whichever 
occurred earlier . 
 
Effective A pplication  of the Copyright Provisions  
 
Article 155  
The provisions referred to in Articles 5, 17 and 25, Article 26 paragraph (3) , Articles 
33, 34, 36, 41 and 46, Articles from 50 to 53, Article  55, Article 56, Articles  from 5 8 to 63, 
Articles from 65 to 71, Articles from 84 to 86, Articles from  96 to 114, and Articles 126 and 
127 of this Act shall apply accordingly and pursuant to the provisions under this Chapter to 
the rights of a n audiovisual producer  as well, unless otherwise provided specifically for him 
or deriving from the legal nature of the rights of audiovisual producers . 
 
Chapter 5  
 
RIGHT OF BROADCASTING ORGANISATIONS  
 
Programme S ignal, Broadcasting Organisation  
 
Article 156  
(1) Programme signal is a television or radio signal transmitting a content and intended 
for reception by the public, wirelessly (including satellite ) or by wire . 55 
 
 (2) A broadcasting organisation shall mean a legal person that takes initiative and has 
editorial responsibility to comp ile, distribute and broadcast, including direct injection , of a 
programme transmitted by a programme signal . 
(3) The s ubject mat ter of the right of a broadcasting organisation is  programme signal.  
 
Presumption of a Broadcasting Organisation  
 
Article 157  
A broadcasting organisation shall be presumed  an organisation the name of which is 
indicated with broadcasting, by highlighting a visual mark on the screen or otherwise, as the 
name of the right holder on the programme signal, until proven to the contrary .  
 
Rights of a Broadcasting Organisation  
 
Article 158  
(1) A broadcasting organisation shall have the following economic rights : 
- the exclusive right  to fix its unfixed programme signals ; 
- the exclusive right  to reproduce  its fixed programme signals;  
- the exclusive right  to distribute  its fixed programme signals , except the rental right and 
the right to remuneration for public lending ; 
- the exclusive right  to broadcast  its programme signals;  
- the exclusive right  to retransmit its programme signals;  
- the exclusive right  to direct injection of  its programme signals;  
- the exclusive right  to publicly communicate  its programme signals broadcast , 
retransmitted , transmitted by direct injection  or made available to the public, if such 
communication is available  to the public against payment of an admission ; 
- the exclusive right  to make  its programme signals  available to the public ; 
- the exclusive right  to communicate  its programme signals  to the public , including an 
act of making  available to the public within an ancillary  online service; and  
- the exclusive right  to communicate to the public , including an act of making  available  
to the public with providing the public with access to the programme signals uploaded 
by users on platforms for online content -sharing . 
(2) Programme signal cannot be  the subject of public lending . 
(3) A broadcasting organisation shall also have exclusive rights i n its ancillary  online 
services . 
(4) A cable or another  operator  who merely retransmits programme signals or 
communicates them to the public by direct injection  shall not be a broadcasting organisation. 
(5) An entity that transmits a programme exclusively via computer networks and does not 
have editorial responsibility for compiling, distributing and broad casting the programme shall 
not be considered a broadcasting organisation.  
 
Rights of Broadcasting Organisations in Special Cases  
 
Article 159  
(1) When a natural or legal person who is not a professional journalist or photojournalist, 
with whom the broadcas ting organis ation has not entered into a  contract o n order or is 
employed with it, on its own initiative or at the non -binding general or individual invita tion of 
the broadcasting organis ation delivers to the broadcasting organisation in any manner a 
copyr ight work or a subject mat ter of related  right of  journalistic nature  whose purpose is to 
inform the public about current news or other current topics, with the aim of publishing it 56 
 
 within its programme signal, and such aim  is implied whenever a person does not explicitly 
state otherwise in writing. with delivery, it is considered, according to this Act , that the 
broadcasting organi sation is authori sed to use such work or s ubject matter  of related right in 
the same way as if  it were the commissioner  of such copyright work or s ubject mat ter of 
related right and that it has acquired non- exclusive economic  rights to exploitation of a 
delivered copyright work or s ubject mat ter of related rights in content and extent  necessary 
for the realis ation of the activity it performs, without space and time limitations . 
(2) In the cases referred to in paragraph ( 1) of this Article, the broadcasting organi sation 
has no obligation to use the delivered  copyright work or s ubject matter  of related rights or the 
obligation to return the delivered copy of the used or unused copyright work or s ubject mat ter 
of related rights . 
(3) For the cases referred to in paragraph ( 1) of this Article, the broadcasting organi sation 
shall publish on its  website  the general conditions of use of the delivered  copyright works and 
subject mat ter of related rights, in which it will, inter alia , determine whether and in which 
cases and in what amount , persons  who deliver  to the broadcasting organi sation copyright 
works or s ubject mat ter of related rights have the right to a remuneration  for use . 
 
Rights of a Broadcasting Organisation in Legal Transactions  
 
Article 160  
Disposition with the right of a broadcasting organisation shall be free . 
 
Duration  of Rights  
 
Article 161  
The right of a broadcasting organisation shall run for 50 years counting from the date 
of the first broadcast of programme signal or from the first transmission of programme signal  
by direct injection , irrespective of whether it is by wire or wireless means . 
 
Effective A pplication  of the Copyright Provisions  
 
Article 162  
The provisions referred to in Articles 5, 17, 25, Article 26 paragraph (3), Articles 33, 
34, and 36, Articles from 40 to 53, Articles from 58 to 63, Articles from 65 to 71, Articles 
from 84 to 86, Articles from 96 to 114, and Articles 126 and 127 of this Act shall apply 
accordingly and pursuant to the provisions under this Chapter to the rights of a broadcasting 
organisation as well, unless otherwise provided specific ally for it or deriving from the legal 
nature of the rights of broadcasting organisations . 
 
Chapter 6  
 
RIGHTS OF PUBLISHERS OF PRESS PUBLICATIONS  
 
Press Pu blication ,  
Information Society Service, a Publisher of Press P ublication s 
 
Article 163  
(1) A press publication is a collection composed mainly of literary  works of a journalistic 
nature, which may also include  other works or other subject matter  of related rights, including 
photographs and video content, and which represents an individual element within a 57 
 
 periodical or regularly updated publication, published under a single title , with the purpose  of 
providing the public with inform ation  related to  news or other topics, such as newspapers or 
magazines of general or special topics, and which is published i n any media under the 
initiative, editorial responsibility and control of the newspaper or publication editor or 
newspaper publisher or media publisher or  media service provider . 
(2) Periodicals published for scientific or academic purposes, such as scientific journals, 
shall not be considered publications referred to in paragraph (1) of this Article.  
(3) An information society service is any service that is normally  provided for 
remuneration , at a distance, by electronic means and at the individual  request of a  recipient of 
services.  The provision of services at a distance means that the service is provided without the 
parties being simultaneously present.  By electronic means shall mean that the service is sent 
initially and received at its  destination by  means of electronic equipment for the processing, 
including digital compression, and storage  of data , and entirely  transmitted , conveyed and 
received by wire , by radio, by optical means or by other electromagnetic means.  At the 
individual  request of a  recipient of services means that the service is provided through the 
transmission  of data on individual  request . 
(4) A publisher of press publications is a newspaper publisher, media publisher or media 
service provider, as defined by the law governing the med ia and the law governing the 
electronic media (for example, a news publisher or news agency), when publishing the press 
publications referred to in paragraph ( 1) of this A rticle . 
 
Presumption of a Publisher of Press P ublication s 
 
Article 164  
A publisher of press publications is considered to be a publisher whose name or title is 
regularly indicated in the usual way in a press publication or with a press publication by 
highlighting a visual mark or in another way, as the name of the right holde r on a press 
publication, until proven otherwise.  
 
Rights of Publishers of Press P ublication s except in Relation to the Use by Information 
Society Service Providers  
 
Article 165  
(1) A publisher of press publications shall have the following economic rights with regard 
to his press publications or parts of press publications:  
- the exclusive right to  reproduction:  
- the exclusive right to  distribution , including the rental right  and the right to an 
equitable remuneration  of his press publications, permitted to be further distributed, 
are being lent through public libraries; the rental right  and the right to remuneration for 
the public lending shall be exercised collectively only;  
- the exclusive right to  communication to th e public in any manner, including an act of 
making  available to the public; and 
- the exclusive right to  adaptation. 
(2) The rights referred to in paragraph (1) of this Article shall apply to publishers of press 
publication with a place of establishment in a Member State of the European Union. 
(3) The rights referred to in paragraph (1) of this Article shall not apply to information 
society service providers . 
 
 58 
 
 Rights of Publishers of Press P ublication s in Relation to the Use by Information Society 
Service Providers  
 
Article 166  
(1) Where press publications or any part thereof are used online by an information society 
service provider, a publisher of press publications shall have the exclusive right with regard to 
his press publications : 
- to reproduction;  
- to communication to the public in any manner, including an act of making available to 
the public .  
(2) The rights referred to in paragraph (1) of this Article shall apply to publishers of press 
publication with a place of establishment in a Member State of the European Union.  
(3) The rights referred to in paragraph (1) of this Article shall not apply to:  
1. individual users who use press publications and parts thereof for private and non-
commercial purposes;  
2. actions of  hyperlinking;  
3. the use of individual words or very short excerpts, with no more than a few words and 
without any photos or  video contents , from press publications, provided that such use 
does not prejudice the effectiveness of the exclusive rights re ferred to in paragraph (1) 
o this Article . The effectiveness of the exclusive rights shall in particular be prejudiced 
where the use of very short excerpts substitutes the press publication itself or where a 
reader is dissuaded from referring to it . 
 
Right of Newspaper Authors to a Share in the Remuneration of Publishers of Press 
Publication s 
 
 
Article 167  
(1) Professional journalists and photojournalists whose copyright works are included in 
press publications are entitled to an appropriate share in the equitable remuneration earned by 
the publishers of those press publications when their press publications on the Internet are 
used by information society service providers within the meaning of Article 166 of t his Act.  
This right shall be exercised collectively only . 
(2) A share in the remuneration referred to in paragraph (1) of this Article shall not be 
considered a salary . 
 
A Publisher of Press P ublication s as a Commissioner  or Employer  
 
Article 168  
(1) Notwithstanding Article 96, paragraph (3) and Article 100, paragraphs (2) to (4) of 
this Act, the author or the holder of a related right shall reserve the right to use a copyright 
work or s ubject mat ter of a related right created on commission of a publis her of press 
publications or employed by a publisher of press publications  , in a manner that is not 
contrary to the interests of the publisher of press publications but is not allowed to establish 
the right to exploit the copyright work for another publisher of press publications or for the 
provider of information society services . 
(2) Notwithstanding Article 97, paragraph (4) and Article 101, paragraph (4) of this Act, if 
the rights to copyright works created on commission of the publisher of press publications or 
employed by the publisher of press publications are exercised collectively, the remuneration 59 
 
 thus earned shall be divided between the author, on the one hand, and the publisher of press 
public ation s, on the other . 
 
Rights of Publishers of Press P ublication s in Special Cases  
 
Article 169  
(1) When a natural or legal person who is not a professional journalist or photojournalist, 
with whom a publisher of press publications  has not entered into a contract on order or 
another contract or is employed with it, on its own initiative or at the non- binding general or 
individual invitation of the publisher of press publications delivers to the publisher of press 
publications in any  manner a copyright work or a subject mat ter of related right of journalistic 
nature whose purpose is to inform the public about current news or other current topics, with 
the aim of publishing it within its press publication, and such aim is implied whenever a 
person does not explicitly state otherwise in writing. with delivery, it is considered, according 
to this Act, that the publisher of press publications is authorised to use such work or s ubject 
matter of related right i n the same way as if it were the commissioner  of such copyright work 
or subject mat ter of related right and that he  has acquired non- exclusive economic rights to 
exploitation of a delivered copyright work or s ubject mat ter of related rights in content and 
extent necessary for the realisation of the activity he performs, without space and time 
limitations . 
(2) In the cases referred to in paragraph (1) of this Article, the publisher of press 
publications has no obligation to use the delivered copyright work or s ubject matter  of related 
rights or the obligation to return the delivered copy of the used or unused copyright work or 
subject mat ter of related rights . 
(3) For the cases referred to in paragraph (1) of this Article, the publisher of press 
publications shall p ublish on its  website  the general conditions of use of the delivered 
copyright works and s ubject mat ter of related rights, in which it will, inter alia , determine 
whether and in which cases and in what amount, persons  who deliver to the publisher of press 
publications copyright works or s ubject mat ter of related rights have the right to a 
remuneration for use . 
(4) Any remuneration for using any subject mat ter of protection referred to in this Article 
acquired in the system of collective management of rights shall belong entirely to the 
publisher of press publications in which it was published. 
 
Right of a Publisher of Press P ublication s in Legal Transactions  
 
Article 170  
Disposition with the right of a publisher of press publications  shall be free.  
 
Duration of Rights  
 
Article 171  
(1) The right of a publisher of press publications referred to in Article 165 of this Act shall 
run for ten  years as from the date of the first lawful publication of a press  publication, in 
relation to that press publication. 
(2) The right of a publisher of press publications referred to in Article 166 of this Act shall 
run for two  years as from the date of the fir st lawful publication of a press publication, in 
relation to that press publication. 
 
 60 
 
 Effective Application of the Copyright Provisions  
 
Article 172  
The provisions referred to in Articles 5, 17 and 25, Article 26 paragraph (3) , Articles 
33, 34, 36, 41 and 46, Articles from 48 to 54, Articles from 5 8 to 63, Articles from 65 to 71, 
Articles from 96 to 114, and Articles 126 and 127 of this Act shall apply accordingly and 
pursuant to the provisions under this Chapter to the rights of a publisher of press publications  
as well, unless otherwise provided specifically for him or deriving from the legal nature of the 
rights of publishers of press publications . 
 
Chapter 7  
RIGHTS OF PRODUCERS OF NON- ORIGINAL DATABASES  
 
Non-original Database , Producer of a Non -original Database  
 
Article 173  
(1) A non-original database shall  mean  a collection  of independent copyright works, data 
or other materials, arranged in a certain systematic or methodical way , the elements of which 
are individually available by electronic  or other  means,  whereby either the obtaining, 
verification or presentation of the  contents of such database requires a qualitatively and/or 
quantitatively substantial investment in terms of resources, time and efforts engaged and other 
investments . 
(2) The protection enjoyed by a non- original database shall not comprise its contents and 
shall in no way prejudice the copyright  and the s ubject mat ter of related rights incorporated in 
such database, nor shall it relate to any other rights or obligations that exist on the data or 
other material contained in that database.  
(3) The protection of a non -original database shall be independent of its protection by 
copyright or any other right  and shall apply regardless of whether the database is also suitable 
for copyright pr otection or any other right . 
(4) The protection of a non- original database shall not prejudice the protection of its 
content by patent, trademark or industrial design, regulations on cultural heritage protection, 
restrictive practices and fair trade protection , protection of undisclosed commercially sensitive  
information, security, confidentiality, data protection and privacy, access  to public documents, 
nor contract law . 
(5) A producer of a non- original database shall be a natural or a legal person, who or 
which takes the initiative and the qualitatively and/or quantitatively substantial investment 
into the production of a non- original database.  
 
Subject M atter of Protection  
 
Article 174  
(1) A subject mat ter of protection by the right of a producer of a non -original database, in 
application of Article 175 of this Act , shall include : 
1. the whole contents of a non- original database;  
2. any qualitatively  and/or  quantitatively substantial part of the contents of a non-original 
database;  
3. qualitatively  and/or  quantitatively insubstantial parts of the contents of a non- original 
database, when these parts are used by extraction or reuse, repeatedly and 
systematically, which conflicts with a regular  use of the non- origin al database or 61 
 
 which  unreasonably prejudice s the legitimate interests of the producer of the non-
original database.  
(2) The protection provided  by this Act for non- original databases  shall not relate  to 
computer programs used in the making or for the operation of databases . Such computer 
programs shall be protected as separate copyright works if they are original intellectual 
creations of individual character . 
 
Right of Producers of Non -original Databases  
 
Article 175  
(1) The producer of a non -original database shall have the following economic rights in 
relation to the acts of extracting and/or reusing a non -original database:  
- the exclusive right of  reproduction;  
- the exclusive right of  distribution , inclu ding the rental thereof, except the right to 
remuneration for public lending ; 
- the exclusive right of  communication to the public in any manner, including an act of 
making  available to the public;  
- the exclusive right of  adaptation . 
(2) The act of extraction shall mean a permanent or temporary transmission of the whole 
or a substantial part of the contents of a non- original database to another medium by any 
means or in any form . 
(3) The acts of reuse shall mean any form of making the whole or a substantial part of the 
contents of a non- original database available to the public by distributing copies of the 
database, by renting, transferring online or other forms of transfer or transmi ssion .  
(4) The exhaustion of the right of distribution referred to in Article 34 paragraph (4) of 
this Act shall relate only to  the resale of a non- original database.  
(5) A non- original database cannot be the object of public lending . 
(6) The right of a producer of a  non-original database referred to in this Article shall 
belong to the producer who is a citizen of a Member State of the European Union or has a 
habitual residence or registered headquarters, central  administration office or the principal 
place of establi shment in a Member State of the European Union. If a producer of a non-
original database has only registered headquarters in a Member State of the European Union, 
his operation must be actually and permanently connected with the economy of a Member 
State o f the European Union. 
 
Rights and Obligations of a Lawful Acquirer  
 
Article 176  
(1) A lawful acquirer  of a disclosed non- original database may use insubstantial parts of 
its contents for any purposes. Where the lawful acquirer  is authorised to use only a part of the 
database, this paragraph shall apply only to that part . 
(2) A lawful acquirer  of a non- original database which is made available to the public may 
not perform acts which conflict with a normal use of that database, or which unreasonably 
prejudice the legitimate interests of its producer . 
(3) A lawful acquirer  of a disclosed non- original database may not cause damage to the 
authors and holders of related rights in respect of the copyright works and s ubject mat ter of 
related rights contained in that database.  
(4) Contract provisions contrary to this Article shall be null and void. 
 
 62 
 
 Right of Producers of Non -original Databases in Legal Transac tions  
 
Article 177  
Disposition with the right of a producer  of a non- original database shall be free.  
 
Duration of Rights  
 
Article 178  
(1) The right of a producer of a non- original database shall run for 15 years as from the 
date of the completion of the making of the database. If the non- original database is lawfully 
disclosed during this period, the right of a producer of a non -original database shall run for 15 
years as from the first such lawful disclosure . 
(2) Any qualitatively or quantitatively substantial modification of the content of a non-
original database, undertaken with substantial new investment shall lead to the resumption of 
the protection period referred to in paragraph (1) of this Article . Substantial modification  of 
the content of a non- original database shall include also gradual supplementing, deleting and 
changing the database.  
 
Effective Application of the Copyright Provisions  
 
Article 179  
The provisions referred to in Articles 5, 17, 25, Article 26 paragraph (3) , Articles 33, 
34, 36, 46 and 54, Articles from 58  to 63, Articles from 65 to 71, Articles from 96 to 114, and 
Articles 126 and 127 of this Act shall apply accordingly and pursuant to the provisions under 
this Chapter to the rights of a producer of a non -original database as well, unless otherwise 
provided specifically for him or deriving from the legal nature of the rights of a producer of a 
non-original database.  
 
Chapter 8  
 
RIGHTS OF PUBLISHERS IN WRITTEN EDITIONS  
 
Right of Publishers in the First Edition of Unreleased Free Copyright Works  
 
Article 180  
(1) A person who for the first time lawfully publishes or communicates to the public a still 
undisclosed copyright work in which the copyright has expired, shall enjoy the right equal to 
the economic copyrights under this Act . 
(2) The right referred to in paragraph (1) of this Article shall run for 25 years as from the 
date of the first lawful publication of the work, or its communication to the public, and may 
be freely disposed with . 
 
 
 
 
 
 
 
 
 63 
 
 PART FOUR  
 
CONTENT LIMITATIONS ON COPYRIGHT AND RELATED RIGHTS  
 
Common Provisions  
 
Article 181  
(1) Disclosed copyright work or s ubject mat ter of a related right under this Act may be 
used without the right holder’s authorisation, or without the right holder’s authorisation and 
without payment of remuneration, only in the cases which are expressly stipulated in this Act 
(hereinafter: content limitations).  
(2) The provisions concerning the content limitations referred to in this Chapter of the Act 
cover only such uses of a copyright work or s ubject mat ter of a related right which do not 
conflict with regular use of the work and do not unreasonably pre judice the legitimate 
interests of the right holder . 
 
Temporary Acts of Reproduction  
 
Article 182  
Temporary acts of reproduction of the copyright work, which are transient or 
incidental, and constitute an integral and essential part of a technological proc ess, whose sole 
purpose is to enable a transmission in a network between third parties by an intermediary, or 
authorised use of the work, and which have no independent economic significance, shall be 
excluded from the exclusive copyright and related rights  of reproduction referred to in Article 
33 of this Act . 
 
Reproduction of a Copyright Work for Private Use  
against Appropriate Remuneration  
 
Article 183  
(1) A natural person may, without the author’s consent, reproduce a copyright work from 
a legally published source in any medium if he does so for private use, or in the form of 
photocopying and other personal use if this copy is not intended for or available  to the public 
and has no direct or indirect commercial purpose . 
(2) Where a copyright work may be reproduced without the author's consent in 
accordance with the provisions of paragraph (1) of this Article, authors of the work which, by 
reason of their nature, may be expected to be reproduced without their permission by 
recording on sound, image or text or photocopying, for private use, are entitled to an 
appropriate remuneraion  from the sale of blank sound, image or text carriers and devices  for 
audio and visual recording and photocopying devices . 
(3) In addition to the rights referred to in paragraph (2) of this Article, authors have the 
right to appropriate remuneration  from a natural or legal person who performs photocopying 
services against payment . 
(4) All other duplication techniques are equated with photocopying, and other de vices that 
provide the same effect are equated with audio and visual recording devices . 
 
 
 
 
 64 
 
 Payment of an Appropriate Remuneration  for  Reproduction for  Private Use  
 
Article 184  
(1) The appropriate remuneration  referred to in Article 183, paragraph (2) of this Act shall 
be paid by manufacturers of blank sound, image or text media, manufacturers of audio and 
visual recording devices, manufacturers of photocopiers, and jointly with them importers of 
blank audio, video or text media, audio devices  and visual recording, photocopiers, unless 
they are imports of small quantities intended for private and non- commercial use as part of 
personal luggage. If the listed devices and items are not manufactured in the Republic of 
Croatia, the fee shall be paid by the importer . 
(2) The obligation to pay the appropriate remuneration arises upon the first sale in the 
Republic of Croatia or import into the Republic of Croatia of new blank sound, image or text 
carriers, new audio and visual recording devices and new photocopying devices . 
(3) The obligation to pay the appropriate remuneratio n also arises when the devices and 
carriers referred to in paragraph (1) of this Article are brought into the Republic of Croatia 
from another Member State of the European Union. 
(4) The obligation to pay the appropriate remuneration  does not arise if new blan k sound, 
image or text carriers, new audio and visual recording devices, and new photocopying devices 
are taken out or exported from the Republic of Croatia . 
(5) The remuneration  referred to in Article 183, paragraph (3) of this Act shall be paid 
according to the data on the number of photocopies made . 
(6) The authors may not waive the right to appropriate remuneration  referred to in Article 
183, paragraphs (2) and (3) of this Act. The remuneration  must be paid collectively . 
 
Effective Application of Provisions on Reproduction for Private Use to Related Rights  
 
Article 185  
(1) The provisions of Articles  183 and 184 of this Act shall also apply accordingly to 
performers, producers of phonograms, audiovisual producers and publishers of press 
publications . 
(2) Programme signals of broadcasting organisations may be reproduced for private use in 
accordance with Article  183 paragraph  (1) of this Act, without paying an appropriate 
remuneration  referred to in Article 183 paragraph (2) of this Act . 
(3) Regardless of the fact that they do not have the exclusive right of reproduction of their 
own, publishers of written editions shall have their own right to an appropriate remuneration 
for reproduction of their editions for private use, with effective appli cation  of Articles  183 and 
184 of this Act . 
(4) The right to an appropriate  remuneration  referred to in paragraph (3) of this Article 
shall run for 50 years as from the date of lawful publication of a work, counting from the 1st 
January of the year following the year of publication. Its disposition shall be free . 
 
Cases When Reproduction for Private Use Is Not Permitted  
 
Article 186  
It shall not be permitted to reproduce the whole book for private use, unless the copies 
of such book have been  sold out for at least two years,  graphic editions  of musical  works  
(sheet music), copyright databases, non- original databases, cartographic works, computer 
programs, nor the building of architectural structures, unless otherwise provided by this Act or 
a contract . 
 65 
 
 Text a nd Data Mining for Scientific Research  
 
Article 187  
(1) It is permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to reproduce copyright works, including copyright databases and s ubject matter  
of related rights, including the extraction of a part and the reuse of all or a substantial part of 
the content of a non- original database, when performed by scientific organisations and 
cultural heritage institutions  for the purpose of text and data mini ng for the needs of scientific 
research , in copyright works and s ubject mat ter of related rights to which they have lawful 
access . 
(2) Scientific organisation is a university , including its libraries, a scientific institute or 
office,  entities  of the university , a hospital conducting research work or any other entity with 
the main goal to conduct scientific research or to perform educational activities that include 
the implementation of scientific research on a non -profit basis as well or the r einvestment of 
the entire profit into scientific research or in accordance with the mission of public interest 
recognised by the Republic of Croatia (for example, by public financing or a special law or 
public contracts ), namely in the way that access to t he results obtained by such scientific 
research cannot be granted on a privileged basis to an entrepreneur who exerts a decisive 
influence on such organisation. 
(3) A cultural heritage institution is a publicly available library or museum, archive or 
film or a udiovisual heritage institution. This includes national libraries and national archives, 
as well as archives and publicly available libraries of educational institutions, scientific 
organizations and public broadcasting organisations . 
(4) Text and data mining implies any automated analytical technique aiming at text and 
data analysis in digital form to generate data, which includes patterns, trends and correlations . 
(5) Lawful access implies access to the contents protected by copyright or related rights 
based on, inter alia , contracting relationship between a right holder and scientific 
organisations and cultural heritage institutions , which can be a subscription relationship, a 
relationship based on an open access policy or other legitimate means of gaining access  to the 
contents protected by copyright or related rights . All persons covered by subscriptions and use 
agreements shall be considered to have legal access due to their connection with scientific 
organizations and cultural heritage institutions.  
(6) Scientific  organisations and cultural heritage institutions shall store the results of 
reproduction and extraction made in accordance with paragraph (1) of this Article with an 
appropriate level of security and may keep them for the purposes of scientific research, 
including the verification of the results of scientific research . 
(7) Right holders may apply measures to ensure the security and integrity of networks and 
databases on or in which works and s ubject mat ter of related rights are located, such as IP 
address verification measures or user authentication procedures. These measures shall be 
proportionate to the risks involved and shall not go beyond what is necessary to achieve the 
objective of ensuring the secur ity and integrity of the system and shall not prejudice the 
effectiveness of the application of the limitation s referred to in paragraph (1) of this Article.  
(8) Right holders , scientific organisations and cultural heritage institutions shall cooperate 
in orde r to agree upon the best practices related to the application of obligations referred to in 
paragraph (6) and the measures referred to in paragraph (7) of this Article . 
(9) Contract provisions contrary to this Article shall be null and void. 
 
 
 
 66 
 
 Text and Data Mining for Other Purposes 
 
Article 188  
(1) It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , for the purpose of text and data mining as referred to in Article 187 paragraph  
(4) of this Act, to reproduce copyright works, including reproduction of copyright databases 
and computer programs as well as  computer programs  processed within the meaning of 
Article  15 paragraph (1) of this Act, and the s ubject mat ter of related rights, as  well as the 
extraction of a part of the contents and the reuse of all or a substantial part of the contents of a 
non-original database.  
(2) The results of reproduction and extraction referred to in paragraph (1) of this Article  
may be kept only for the period necessary to achieve the purpose of text and data mining . 
(3) The limitation  referred to in paragraph (1) of this Article shall relate to copyright  
work s and s ubject mat ter of related rights that can be lawfully accessed and provided that 
their right holders have  not explicitly in an appropriate manner reserved the right of their use . 
(4) Appropriate manners of reserving the right may be: machine -readable method that 
includes metadata, general terms and conditions relating to the website and the service, 
contracti ng provisions or unilateral statements by right holders . 
(5) In the case of copyright works and s ubject mat ter of related rights made available to 
the public online, the only appropriate means of reserving the right is machine -readable 
method that includes met adata and general terms and conditions relating to the website and 
the service.  
 
Free Use of Orphan Works 
 
Article 189  
(1) Institutions of cultural heritage referred to in Article 187 paragraph (3) of this Act, 
educational establishments and public broadcasting organisations  may reproduce , without the 
right holder’s authorisation and without pay ment of remuneration, orphan works which are 
contained in their collections within the meaning of Article 191 paragraph (2) of this Act, for 
the purposes of digitis ation, making them available to the public, indexing, cataloguing, 
preservation or restoration and may make them available  to the public. The mentioned 
institutions may perform the acts of reproduction and making available to the public only in 
order  to achieve aims related to their public -interest missions, in particular the preservation of, 
the restoration of and the provision of cultural and educational access to, orphan works 
contained in their collections . 
(2) The institutions , establishments and organisations referred to in paragraph (1) of this 
Article  may generate revenues, for the exclusive purpose of c overing their costs of digitis ing 
orphan works and making them available to the public. This  shall not affect the ir freedom of 
contract in the pursuit of their public -interest missions, particularly in respect of public -
private partnership agreements . 
(3) In any use of an orphan work, the institutions , establishments and organisations  
referred to in paragraph (1) of this A rticle shall indicate in the usual manner the identified 
author and co -authors of such works, respectively . 
(4) An author or a co- author that put s an end to the orphan work status in accordance with 
Article 25 paragraph ( 7) of this Act shall have a right to a fair compensation for the use so far 
that has been made of his work as an orphan work. The fair compensation shall be paid by the 
institution , establishment or organisation referred to in paragraph (1) of this Article that used 
the work.  67 
 
 (5) The amount of the fair compensation referred to in paragraph (4) of this Article shall 
be determined according to the category of orphan works, taking into account, among other 
things, the aims of the Republic of Croatia in the field of cultural promotion, the non-
commercial nature of the use made by the institution , establishment or organisation referred to 
in paragraph (1) of this Article in order to achieve aims related to their public -interest 
missions, such as promoting learning and disseminating culture, as well as pos sible harm 
incurred to authors. The fair compensation shall be paid retroactively, for not more than three 
years, counting from the day of putting an end to the orphan work status . 
(6) A request for the payment of a fair compensation may be filed by the author  or the 
respective collective management organisation. A request for the payment of a fair 
compensation shall be subject to the statute of limitations  within a period of one year , 
counting from the day of putting an end to the orphan work status . 
(7) The provi sions of this Article shall apply accordingly to the related rights under this 
Act. 
(8) The provisions of this Article shall not affect the obligations and rights acquired by 
other legal provisions concerning other intellectual property rights, conditional acc ess, access 
to broadcasting services, the protection of cultural heritage , deposit requirements, the 
protection of fair trading, the protection of undisclosed commercially sensitive information , 
security, confidentiality, data protection and privacy, acces s to public documents, the law of 
contract, and rules on the freedom of the press and freedom of expression in the media . 
 
Ephemeral Recordings  
 
Article 190  
(1) A broadcasting organisation, which has the authorisation to broadcast a copyright 
musical work  with or without works or an artistic musical performance, may record it, 
without the right holder’s authorisation and without pay ment of remuneration , on audio, video 
or text fixation mediums, by means of its own facilities and for the needs of its own 
broadcasting (ephemeral recordings) . 
(2) Broadcasting organisation is obliged to destroy its ephemeral recordings referred to in 
paragraph (1) of this Article, at the latest 30 days after such broadcast, or deposit them in its 
own or public official archive, whe re such recordings have particular documentary value.  
(3) Ephemeral recordings that are deposited in accordance with paragraph (2) of this 
Article  may be broadcast, retransmitted , transmitted by direct injection , made available to the 
public, be contained in an ancillary  online service, and they may be made available to the 
public in accordance with Article 50 of this Act  with the authorisation of the right holder  and 
upon payment of remuneration . This right shall be exercised in the system of collective 
manag ement of rights only . 
 
Preservation of Cultural Heritage  
 
Article 191  
(1) Cultural heritage institu tions  referred to in Article  187 paragraph  (3) of this Act , shall 
be allowed without the right holder’s authorisation and without pay ment of remuneration , to 
make copies of  copyright works and s ubject mat ter of related rights that are permanently in 
their collections, in any format or medium , for purpose s of preservation of such works and to 
the extent necessary  for such preservation.  
(2) Copyright works and s ubject mat ter of related rights shall be considered  to be a part of 
the collections of cultural heritage institutions in the cases where the copies of these works 
and subject mat ter of related rights are owned by a cultural heritage institution or it keeps  68 
 
 them permanently on the basis of a contract on use, deposit or permanent lending or similar 
contracting relationship.  
(3) Contract provisions contrary to this Article shall be null and void. 
 
Use of  Out-of-Commerce W orks and Other Subject  Matter  
 
 
Article 192  
(1) It shall be permitted for cultural heritage institutions referred to in Article 187 
paragraph (3) of this Act, on non- commercial websites , without the right holder’s 
authorisation and without pay ment of remuneration, to reproduce and communicate to the 
public, including an act of making  available to the public, out -of-commerce copyright  work s 
and subject mat ter of related rights, which make a permanent part of their collections within 
the meaning of Article  191 paragraph (2) of this Act, for non- commercial purposes, provided 
that when using them they indicate  names of the author or other right holder who can be 
identified, unless proven impossible . 
(2) The provision referred to in paragraph (1) of this Article shall  not apply in relation to 
the sets of out -of-commerce works  or subject mat ter of related rights if it arises on the basis of 
reasonable effort made as referred to in Article 17 paragraphs (1) to (3) of this Act that there 
exists evidence on these sets cont aining mainly : 
- works or s ubject mat ter of related rights, exclusive of audiovisual works, published for 
the first time or, if not published, then broadcast for the first time in a third country ; 
- audiovi sual works whose producers have a place of establishment or a habitual 
residence in a third country ; or 
- works or s ubject mat ter of related rights of third country citizens where, upon 
reasonable effort made, a Member State of the European Union or a third country 
could not have been identified in a ccordance with subparagraphs 1 and 2 of this 
paragraph . 
(3) It shall be accepted that uses with application of limitation s referred to in paragraph 
(1) of this Article take place only in the territory of the Republic of Croatia if a cultural 
heritage institution has a place of establishment  in the Republic of Croatia . 
(4) The provisions referred to in paragraphs (1) and (2) of this Article shall apply only to 
those types of copyright works and s ubject mat ter of related rights for which there is no 
collective management organisation existing in the Republic of Croatia . 
(5) The data on the works and s ubject mat ter of related rights used on the basis of this 
Article shall be delivered by cultural heritage institutio ns in accordance with Article 17 
paragraph (5) of this Act . 
 
Limitations of the Right of Reproduction   
for the Benefit of Individual Institutions  
 
Article 193  
Research organisations referred to in Article 187 paragraph (2) of this Act, cultural 
heritage institutions referred to in Article 187 paragraph (3) of this Act, educational 
institutions, preschool educational institutions and social and charitable institu tions may 
reproduce , without the right holder’s authorisation and without pay ment of remuneration , a 
copyright work or a s ubject mat ter of related rights under this Act, to any media whatsoever 
for their special needs in compliance with their public purpos e, such as the purposes of 
preservation and safeguarding, technical restoration and reparation of the materials, 
management of a collection within the meaning of Article 191 paragraph (2) of this Act and 69 
 
 other personal needs, if not acquiring thereby any direct or indirect economic or commercial 
benefit . 
 
Limitation for the Benefit of Persons with Disabilities  
 
Article 194  
The use of copyright works and the s ubject matter  of related rights for the benefit of 
persons with disabilities shall be permitted , without the right holder’s authorisation and 
without pay ment of remunerat ion, where the work is used in a manner directly related to the 
disability of such people and where such use is of a non- commercial nature, to the extent 
required by the specific disability . 
 
Limitation for the Benefit of Persons Who Are Blind, Visually Impaired  
or Otherwise Print -Disabled  
 
Article 195  
(1) It shall be permitted, without the right holder’s authorisation and without pay ment of 
remuneration , to reproduce, distribute, communicate to the public in any manner, and to adapt 
copyright work s, including computer programs and copyright databases , and subject mat ter of 
related rights , including non -original databases, legally published or otherwise l egally 
disclosed to the public in the form of books, periodicals, newspapers, magazines or other 
types of recordings, notations, including sheet music, and illustrations associated with them, 
in any media, including in sound form, such as sound books, and in digital form , for any act 
necessary for : 
- a beneficiary person, or a person acting on their behalf, to make an available format 
copy of such copyright  work or other s ubject mat ter of related rights to which the 
beneficiary person has lawful access for the exclusive use of the beneficiary person; 
and 
- an authorised entity to make an available format copy of such copyright  work or other 
subject mat ter of related rights to which it has lawful access, or to communicate, make 
available to the public , distribute or lend an available format copy to a beneficiary 
person or another authorised entity on a non- profit basis for the purpose of exclusive 
use by a beneficiary person . 
(2) Beneficiary  person means, for the needs of this Article and Article 196 of this Act, 
regardless of any other disabilities, a person who:  
- is blind,  
- has a visual impairment which cannot be improved so as to give the person visual 
function substantially equivalent to that of a person who has no such impairment, and 
who is, as a result, unable t o read printed works to substantially the same degree as a 
person without such an impairment ; 
- has a perceptual or reading disability and is, as a result, unable to read printed works 
to substantially the same degree as a person without such disability; or  
- is otherwise unable, due to a physical disability  or movement disorders , to hold or 
manipulate a book or to focus or move their eyes to the extent that would be normally 
acceptable for reading . 
(3) Available  format copy means a copy of a copyright work or s ubject mat ter of related 
rights referred to in paragraph (1) of this Article, made in a format  that gives a beneficiary 
person referred to in paragraph (2) of this Article access to the work or s ubject mat ter of 
related rights , including allowing such person to have access as feasibly and comfortably as a 70 
 
 person without any of the impairments , disorders  or disabilities referred to in paragraph (2) of 
this Article (hereinafter: available format copy ). 
(4) Each available format copy of the copyright work or s ubject matter of related rights 
shall  be made so that is  respect s the integrity of the original , with due consideration given to 
the changes required to make a copy  in the available  format . 
(5) Authorised entity means an y entity that provides education, instructional training, 
adaptive reading or information access to beneficiary persons on a non- profit basis , which  
also includes a public institution or non- profit organisation that provides the same services to 
beneficiary  persons as one of its primary activities, institutional obligations or as part of its 
public -interest missions, in compliance with special provisions , (hereinafter: authorised 
entity ). 
(6) The exception provided for in this Article cannot be excluded or overridden by 
contract . 
 
Limitation for the Benefit of Persons Who Are Blind, Visually Impaired  
or Otherwise Print -Disabled in the Internal Market  
 
Article  196 
(1) An authorised entity established in the Republic of Croatia may use the limitation of 
copyright and related rights as referred to in Article 195 of this Act for a beneficiary person or 
another authorised entity from  any Member  State of the European Union.  
(2) A beneficiary person or an authorised entity from the Republic of Croatia may obtain 
or may have access to an available  format copy of a copyright or s ubject matter  of related 
rights from an authorised entity from  any Member  State of  the European Union. 
(3) An authorised entity shall establish and follow its own practice to ensure that it : 
- distributes, communicates and makes available to the public available format copies of 
copyrights and subject mat ter of related rights only to beneficiary persons or other 
authorised entities; 
- takes appropriate steps to discourage the unauthorised reproduction, distribution, 
communication to the public or making available to the public of available format 
copies;  
- demonstrates due care in, and maintains records of, its handling of copyright works  
and subject mat ter of related rights and of available format copies thereof;  
- publishes and updates on its  website , if appropriate, or through other online or offline 
channels, information on how it complies with the obligations laid down in this 
paragraph .  
(4) The practices referred to in paragraph ( 3) of this Article shall be established and 
followed by an authorised entity in full respect of the rules applicable to the collecting and 
processing of personal data of beneficiary persons . 
(5) An authorised entity shall provide the following information in an appropriate  way, to 
beneficiary persons, other authorised entities and holders  of copyright and related rights  
whose works or s ubject mat ter of related rights it uses in accordance with the  content 
limitation referred to in Article  195 of this Act : 
- the list of copyright works or s ubject mat ter of related rights for which it has available 
format copies and the available formats; and  
- the names  and contact details of the authorised entities with which it has engaged in 
the exchange of available  format copies pursuant to paragraph ( 1) of this Article . 
(6) The State Intellectual Property Office of the Republic of Croatia ( hereinafter: the 
Office ) shall invite authorised entities from the Republic of Croatia to communicate to it, on a 
voluntary basis, their updated names and contact details , in order to provide the information to 71 
 
 the European Commission to make such information available to the public online on a 
central information access point . 
(7) The Office shall provide the European Commission with the information on the 
improvement of availability of other kinds of copyright works and s ubject mat ter protected by 
related rights for beneficiary persons who are blind, visually impaired or otherwise print -
disabled and of works and other s ubject mat ter of protection for persons with other disabilities 
and other relevant information necessary for the European Commission to prepare the report 
on exceptions of  copyright and related rights in favour of the persons with disabilities . 
 
Collections Intended for Teaching and Scientific Research  
 
Article 197  
(1) It shall be permitted, without the right holder’s authorisation, to reproduce on paper or 
any similar medium and distribute particular portions of lawfully disclosed copyright works, 
or integral  short  copyright works from the domain of science, literature and music, as well as 
disclosed individual copyright works of visual arts, architecture, applied arts and industrial 
design, photographic or cartographic works, and presentations of scientific or technical 
nature, of individual segments  of lawfully disclosed artistic performances, phonograms or 
videograms or integral short artistic performances, phonograms or videograms, in the form of 
a collection which contains contributions of several  authors  and other right holders , and  which  
is, by its contents and systematisation exclusively intended for teaching or scientific research, 
as long as the source is indicated, unless the author or another right holder expressly prohibits 
it. Reproduction and distribution of particular parts of copyright works and artistic 
performances shall not be considered as infringement referred to in Article s 29, 30, 132 and 
133 of this Act, unless the disclosure of particular part would jeopardi se the honour or 
reputation of the author  or the performer.  
(2) The collecti on referred to in paragraph (1) of this Article may be, without the right 
holder’s authorisation and without pay ment of  remuneration , communicated to the public, 
including made available  to the public, for its digital use in  teaching , provided that such use 
takes place within responsibility of an educationa l establishment, on its premises or in another 
facilities or via safe electronic environment that can be accessed by pupils only, or students 
and teaching staff of that educational establishment . 
(3) The au thors and other right holders of the works , performances, phonograms and 
videograms  included in the collection referred to in paragraph (1) of this Article, shall be  
entitled to an equitable remuneration for the reproduction and distribution of their copyright 
works , performance, phonograms and videograms. This remuneration shall be exercised 
collectively only . 
 
Use of the Works for Teaching  
 
Article 198  
(1) It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to publicly perform copyright work s and subject mat ter of related rights or to 
publicly present them  at stage in the form of direct teaching or at school events, to the extent 
justified by the educational purpose thereof to be achieved by such use , if a copyright  work  or 
subject mat ter of related rights is  not used for commercial benefit, the organisers or third 
persons, if the performers receive no payment (remuneration) for the performance of 
copyright works and if  the tickets are free of charge. 
(2) It sha ll be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to use copyright works and s ubject mat ter of related rights, for giving examples 72 
 
 in teaching or in scientific research, which is justified by non- commercial purpose to be 
achieved , provided that the source and name of the author or another right holder is indicated, 
unless proven impossible . 
(3) Giving examples in teaching comprises the use of copyright works and s ubject mat ter 
of related rights, as a rule, in portions or segments , in order to support, enrich or supplement 
teaching and teaching activities within and outside of premises of educational establishments .  
(4) Non-commercial purpose shall imply non -commercial purpose of an individual 
teaching activity, provided that the organisational structure and financial means of an 
educational establishment are not decisive in determining if an individual teaching activity is 
of non- commercial nature. 
(5) The limitation referred to in this Article shall also apply accordingly to  activities of 
lifelong education conducted by state institutions, public establishments and other entities 
authorised to undertake such activities . 
 
Use of the Works in Digital and Cross -Border Teaching Activities  
 
Article 199  
(1) It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to reproduce and communicate to the public, including an act of  making  
available to the public, copyright works and subject mat ter of related rights for their digital 
use in order to give examples in teaching, pursuant to Article 198  paragraph  (3) of this Act, to 
the extent as justified by non -commercial purpose referred to in Article 198 paragraph  (4) of 
this Act and provided that such use takes place within responsibility of an educational 
establishment, on its premises or in other facilities or via safe electronic environment that can 
be accessed by pupils only, or students and teaching staff of that educational establishment , 
provided that the source and name of the author or another right holder is indicated, unless 
proven impossible .  
(2) The content limitation  referred to in paragraph (1) of this Article shall relate, inter 
alia, to digital and online teaching, remote teaching and cross -border teaching and to all levels 
of education.  
(3) The use of the content limitation referred to in Article 198 paragraph (2) and 
paragraph (1) of this Article shall not  replace purchase of material intended for education 
markets . 
(4) The uses referred to in paragraph (1) of this Article shall be considered to take place 
only in the Member State where an educational establishment has a  place of establishment . 
(5) Contract provisions contrary to this Article shall be null and void. 
(6) The limitation referred to in this Article shall also apply accordingly to  activities of 
lifelong education conducted by state institutions, public establishments  and other entities 
authorised to undertake such activities . 
 
Use of the Works for Judicial, Administrative or Other Official Proceedings  
 
Article 200  
It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to reproduce copyright works and subject mat ter of related rights for the use in 
judicial, administrative, arbitration and  other official proceedings , as well as to communicat e 
to the public copyright works and s ubject mat ter of related rights,  which are m ade for the 
purpose of official proceedings . 
 
 73 
 
 Use of the Works for the Purpose of Informing the Public  
 
Article 201  
(1) It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to the extent necessary to inform the public on current events, by press, radio, 
television or other means, to reproduce, distribute and communicate to the public, including to 
make available to the public : 
- copyright works and s ubject mat ter of related rig hts that appear as an integral part of a 
current event reported to the public, provided that they are used to the extent appropriate 
to the purpose and manner of reporting on the current event;   
- newspapers' articles and photographs, radio and television re ports and other 
audiovisual recordings published on current political, economic or religious topics, 
which are released through other media of public communication, provided that the 
rights for such use are not expressly reserved with regard to this content limitation, 
and that the copyright work or s ubject mat ter of related rights is used to the extent 
justified by the purpose and manner of reporting;  
- public  political,  religious  or other speeches made at state or local governmental 
bodies, religious institutions or at state or religious ceremonies, as well as excerpts 
from public lectures . 
(2) In all the cases referred to in paragraph (1) of this Article, the source and authorship of 
the work shall be indicated, if possible considering the manner of use . 
 
Quotation , Criticism  and Review  
 
Article 202  
It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to make literal quotations of excerpts from a copyright work or subject mat ter 
of related rights , which has already been lawfully made available to the public for purposes of 
scientific research, teaching, criticism, polemics, revision, review and the like, to the extent 
justified by the purpose to be achieved and in accordance with fair practice, provided that the 
source and the name of the author are indicated , if possible considering the manner of use . 
 
Accompanying and Incidental Use  
 
Article 203  
It shall be permitted , without the right holder’s authorisation and without payment of 
remuneration , to communicate to the public copyright works and s ubject matter  of related rights 
when being in accompanying and incidental use as irrelevant works or s ubject mat ter of related 
rights beside the actual subject mat ter of reproduction, distribution or communication to the 
public . 
 
Reproduction of Copyright Works Permanently Located in Public Places  
 
Article 204  
(1) It shall be permitted , without the right holder’s authori sation and without pay ment of 
remuneration , to reproduce , except in a three -dimensional form, the copyright works, which 
are permanently located on streets, squares, parks or other places available  to the public, and 
to distribute and communicate to the public such reproductions . 
(2) The limitation referred to in paragraph (1) of this Article shall apply only in respect of 
the outer appearance of an architectural structure.  74 
 
  
Posters and Catalogues  
 
Article 205  
(1) Organisers of public exhibitions or auctions shall be permitted , without the right 
holder’s authorisation and without pay ment of remuneration, for the purpose of promoting 
such events and to the extent necessary for such purpose, to reproduce on posters and in 
catalogues for such exhibitions or auctions, and to distribute by means of such posters and 
catalogues the works of visual arts, architecture, applied art, industrial designs and 
photographic works, which are displayed at a public exhibition or auction or are intended for 
such display . 
(2) In the catalogues referred to in paragraph (1) of this Article, the source and authorship 
of the work shall be indicated . 
 
Parodies and Caricatures  
 
Article 206  
It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to transform the copyright work into a parody, caricature or pastiche, to the 
extent necessary for the purpose thereof (humour, critique of the work that is s ubject mat ter of 
parody, caricature or pastiche, critique of social events and phenomena and the like), in 
accordance with good customs . 
 
Use of Copyright Works for the Purpose of  
Presentation or  Testing of Equipment  
 
Article 207  
Shops which sell phonograms or videograms, or equipment for audio and video 
reproduction or reception, shall be permitted,  without the right holder’s authorisation and 
without pay ment of remuneration, to record the copyright works and subject mat ter of related 
rights on audio, video or text fixation mediums, to communicate them  from such mediums, as 
well as to communicate the broadcast copyright works  or subject mat ter of related rights , to 
the extent necessary for presenting to direct buyers or for testing the functioning of such 
phonograms or videograms or equipment  or for the repair thereof.  
 
Special Limitations  on the Actions of the  
Lawful Acquirer  of a Computer Program  
 
Article 208  
(1) The lawful acquirer  of a computer programme shall be permitted , without the right 
holder’s authorisation and without pay ment of remuneration:  
- to reproduce and alter a  computer programme if necessary  for the computer 
programme to be used in accordance with its intended purpose, including to correct 
errors;  
- to make a back -up copy  of a computer program , if necessary for its use;  
- to observe , study or test the operation of a computer programme in order to identify 
ideas and principles which any element of the programme is based on, if he does so 
when performing any of the  actions of uploading, displaying, performing, transmitting 
or storing a computer program, which he is authorised to undertake . 
(2) Contract provisions contrary to this Article shall be null and void. 75 
 
  
Decompil ation of  a Computer Program  
 
Article 209  
(1) The lawful acquirer  of a computer programme to whom data to achieve 
interoperability of a computer programme were not previously available  shall be permitted , 
without the right holder’s authorisation and without pay ment of remuneration , to reproduce 
the code of a computer programme and to translate its form indispensable to obtain the 
information necessary to achieve interoperability of an independently created computer 
programme with other programs , if such actions are limited only to those parts of an original 
programme necessary to achieve interoperability.  
(2) The information  obtained in the manner as described in paragraph (1) of this Article 
shall not be : 
- used for goals other than to achieve interoperability of an independently created 
computer program;  
- transferred  to other  persons, expect when necessary for achieving interoperability of 
an independently created program;  
- used for the development, production or marketing of another programme 
substantially similar in its expression, or for any other act ion that infringes copyright . 
(3) Contract provisions contrary to this Article shall be null and void. 
 
Special Limitations on the Actions of the  
Lawful  User of a Copyright Database  
 
Article 210  
(1) The lawful user  of a copyright database or its copy shall be permitted , without the 
right holder’s authorisation and without pay ment of remuneration , to perform any action of 
using, if this is necessary for the access to the content of a database and its normal use . 
(2) If a user is authorised only in respect of a part of the database, paragraph (1) of this 
Article shall refer only to that part of a database.  
(3) Contract provisions contrary to this Article shall be null and void. 
 
Special Limitations on the Actions of the  
Lawful User  of a Non -Electronic Non -Origin al Database  
 
Article 211  
The lawful user  of a disclosed non- electronic non -original database shall be permitted , 
without the right holder’s authorisation and without pay ment of remuneration, to extract the 
content and reuse a database for private purposes . 
 
Free Use for Public Safety 
 
Article 212  
It shall be permitted , without the right holder’s authorisation and without pay ment of 
remuneration , to use a copyright work, including a copyright database, as well as the s ubject 
matter of related rights, including a non -original database, to the extent and in the manner to 
achieve the needs of public safety . 
 
 
 76 
 
 Obligations of a Right Holder  
 
Article 213  
(1) Where the use of a copyright work or s ubject mat ter of related rights is permitted 
under the provisions of this part of this Act without the right holder’s authorisation author's 
authorisation or without the right holder’s authorisation and without pay ment of 
remuneration , and where the use of the work or the access to it are prevented by the 
application of technical measures referred to in Article 276 of this Act, the right holders  or 
other persons who applied such measures  or who are authorised or have the possibility to 
remove them, shall be obliged, by providing special measures or concluding contracts, to 
enable the  users  or their associations  access  to such copyright works or subject mat ter of 
related rights and the use thereof in accordance with the limitations refer red to in this part  of 
this Act.  
(2) The provision referred to in  paragraph  (1) of this Article shall not apply to computer 
programs . 
(3) If the persons who applied technical measures referred to in paragraph (1) of this 
Article or who are authorised and have the possibility to remove them, fail to comply with the 
provisions of paragraph (1) of this Article, the person who claims to be authorised pursuant to 
any of the provisions of this part of this Act to use a copyright work or s ubject mat ter of 
related rights without the right holder’s authorisation or without the right holder’s 
authorisation and without pay ment of remuneration, may institute a legal action against the 
right holder or other person, respectively, who has applied technical measures or who is 
authorised and has the possibility to remove them, demanding  provision of access to the 
copyright work or subject mat ter of related rights and  their use in compliance  with the 
limitation referred to in this part  of this Act. The plaintiff shall prove in the legal action that 
the conditions laid down in Article 181 of this Act have been fulfilled.  
(4) The person who claims to be authorised pursuant to any of the provisions of this part 
of this Act to use a copyright work or s ubject mat ter of related rights without the authorisation 
or without the authorisation and without pay ment of remuneration, or the  right holder or other 
person, respectively, who has applied technical protection measures to prevent access to or 
use of copyright works  or subject mat ter of related rights , or who is authorised or has the 
possibility to remove them, may call upon the med iation of the Council of Experts in respect 
of access and use thereof in accordance with any limitation referred to in this part of this Act. 
The Council of Experts shall carry out the mediation in accordance with the provisions 
referred to in  Article 239  of this Act . 
(5) The technical measures referred to in this Article shall be protected in accordance with 
Article  276 of this Act . 
(6) The provisions referred to in this Article shall not apply to copyright works  and 
subject mat ter of related rights made available to the public  on agreed contractual terms in 
such a way that members of  the public  may access them from a place and at a time 
individually chosen by them . 
(7) The right holder or other person, respectively, who applied the technical measures or 
who is authori sed and has the possibility to remove them, must, for the purpose of ensuring 
effective application of this Article, indicate clearly  and distinctly  the application  of technical 
measures on every copy of the copyright work or subject mat ter of related rights produced or 
imported for commercial purposes, including information on the technical measure and its 
effects, as well as his name and address for contact . 
 
 
 77 
 
 PART FIVE  
 
MANAGEMENT  OF COPYRIGHT AND RELATED RIGHTS  
 
Chapter 1  
 
GENERAL PROVISIONS  
 
Management  of Rights  
 
Article 214  
(1) The management of copyright or related rights shall include the following : 
- giving authorisations for the use of copyright s and subject mat ter of related rights 
(hereinafter: subject mat ter of protection), except in cases where th e authorisation is 
not required by the provisions of this Act;  
- charging  the price for the use of the s ubject matter  of protection, where  it is used 
subject to payment of remuneration expressed as the price of usage;  
- distributing of collected income from the rights to the right  holders ; 
- supervising the use of the s ubject mat ter of protection;  
- initiating and carrying out protection proceedings in the case of infringement of the 
rights having been managed;  and 
- other actions of the management of copyright and related rights . 
(2) The rights can be managed individually and collectively . 
(3) Rights revenue  is income collected on behalf of a right holder from using the s ubject 
matter of protection by the right holder himself or a person authorised by him for the 
management of rights, including a collective management organisation referred to in Article  
216 paragraph  (2) of this Act, regardless of whether such income derives from an exclusive 
right or from using s ubject mat ter of protection without authorisation of a right holder but 
with payment of  remuneration under this Act . 
(4) User is any person or entity that is carrying out act ions of using s ubject mat ter of 
protection subject to the authorisation of right  holders or payment  of remuneration  expressed 
as a price of use, and is not acting in the capacity of a consumer , (hereinafter : the user ). 
 
Individual  Management of Rights  
 
Article 215  
(1) Individual  management of rights is the management of rights that relates to an 
individual use of a particular s ubject mat ter of protection in accordance with the relevant 
contract between the right holder and the user of the s ubject mat ter of protection, carried out 
by the right holder himself or through a representative . 
(2) The tasks of an authorised representative may be carried out by an attorney at law, a 
specialised legal person for the management of copyright and related rights, and a co llective 
management organisation. 
(3) Specialised legal entity for the management of copyright and related rights is a 
company or another legal person having individual management of copyright and related 
rights as its main activity and employing minimum one person with an undergraduate or 
graduate university degree in law . 
 
 
 78 
 
 Collective Management of Rights  
 
Article 216  
(1) Collective management of rights shall be carried out, as a rule, by a collective 
management organisation, under the assumptions and in the manner regulated in this part of 
this Act.  
(2) Collective management organisation is a n organisation which is authorised by this 
Act, power of attorney or by a contract to manage copyright and related rights on behalf of 
two or more right  holders , regardless of whether it acts on its own behalf or on behalf of right  
holders, for the collective benefit, as its sole or main purpose, and which is : 
- owned or controlled by its members ; and 
- organised on a not -for-profit basis . 
(3) The collective management or ganisation shall act in the best interests of the right  
holders whose rights it represent s. The collective management organisation cannot impose 
any obligations on them which are not objectively necessary for the protection of their rights 
and interests an d for the effective management of their rights . 
(4) Collective management of rights can be also carried out by an independent 
management entity , under the assumptions and in the manner regulated in this part of this Act . 
(5) An i ndependent management entity is any  organisation which is authorised by a 
contract to manage copyright or related rights on behalf of two or more right  holders , 
regardless of whether it acts on its own behalf or on behalf of right  holders, for the ir collective 
benefit, as its sole or main purpose, and which is : 
- neither owned nor controlled, directly or indirectly, wholly or in part, by its members;  
and 
- organised on a for -profit basis . 
(6) Producers, broadcast ing organisations  and publishers who manage their own rights 
and other holders’ rights transferred to them on the basis of individually negotiated contracts 
or other agreements and who act in their own interest, or right  holders’ managers and agents 
acting as intermediarie s and representing right  holders in their relations with collective 
management organisations, shall not be regarded as independent management entities referred 
to in paragraph (5) of this Article . 
(7) Repertoire is a set of copyright works or s ubject mat ter of related rights in respect of 
which a collective management organisation or an independent management entity manages 
rights . 
 
Collective Management of Copyright  
 
Article 217  
(1) Collective management of rights shall include the following economic copyrights : 
1. for non- stage musical works with or without words and literary works : 
a) the right of public performance;   
b) the right of public transmission;  
c) the right of public communication of a fixed work;  
d) the right of public presentation ; 
e) the right of making available to the public ; 
f) the right of public communication of a broadcasting , retransmission , direct 
injection  and making available  to the public ; 
g) the right of communication to the public, including an act of making available  
to the public, when providing the public with access to the works uploaded by 
users on platforms for online content -sharing ; 79 
 
 h) the right of reproduction by audio recording to phonograms and of distribution 
of such audio recordings ; 
2. for journalistic works, included in press publications : 
a) the right of making available  to the public  and right of reproduction for making 
available to the public ; 
b) the right of reproduction, distribution and communication to the public of 
journalistic copyrights extracted from written, electronic and other media and 
publications by grouping according to topics, when done by a person other than 
media publishers ; 
3. for works of visual art:  
a) the right of resale.  
(2) In addition to the rights referred to in paragraph (1) of this Article, other copyrights 
may also be managed collectively, unless  stipulated in paragraph (3) of this Article that they 
must be managed only through a collective management organisation.  
(3) The following economic copyrights may be managed only through a collective 
management organisation:  
1. for non- stage musical works with or without words and literary works : 
a) the right of broadcasting , including broadcasting via  satellite ; 
b) the right of retransmission , including cable retransmission ; 
c) the right of direct injection ; 
d) the right of reproduction and communication to the public, including an act of 
making  available to the public, within an ancillary  online service ; 
e) right of remake that relates to : 
- incorporat ing musical works with or without words into audiovisual works 
such as music, entertainment, mosaic and similar shows , including adaptation 
and music rework for that purpose ; 
- using  musical works with or without words in the ways for which it is 
intended, such as a concert or studio perform ance or a performance of dance 
music , including adaptation and music rework for that purpose ; and 
- incorporat ing musical works with or without words as background music with 
speech or actions that are by themselves not performed according to a pre -
written detailed scenario , including adaptation and music rework for that 
purpose;  
provided that a user has authorisation for broadcasting, retransmission , direct injection  
or communication to the public, including an act of making  available to the public, 
within an ancillary  online service ; 
f) the right of remake that relates to : 
- adaptation ; 
- musical rework ; and  
- incorporat ing musical works with or without words into other types of 
copyright works, such as audiovisual works, s ubject mat ter of related rights 
and into other kinds of contents uploaded by users of services for online 
content -sharing ; 
provided that a n online content -sharing  service provider has authorisation for 
reproduction and communication to the public , including an act of making  available to 
the public, when providing the public with access to the works  uploaded by users on 
platforms for online content -sharing ; 
g) the right of reproduction that implies audio recording, including creating of 
phonograms, as well as incorporat ing non- stage musical part with or without 80 
 
 words into an audiovisual work in accordance with item 1. subitems e) and f) 
of this paragraph, including creating of  videograms ; 
h) earning a rental remuneration referred to in Article 34 paragraphs (2) and (6) of 
this Act ; 
i) earning a public lending remuneration  referred to in Article 34 paragraphs (3) 
and (7) of this Act ; 
j) earning a remuneration  for communication to the public of literary and artistic 
creations referred to in Article  18 paragraph  (7) of this Act ; 
k) exercising  the right  to the further use of ephemeral recordings  referred to in 
Article 190 paragraph  (3) of this Act ; 
2. for journalistic works, such as  articles, photos and audiovisual  contributions, 
incorporat ed into press publications : 
a) the rental right referred to in Article 34 paragraph  (2) of this Act when 
journalistic works incorporat ed into printed press publications are given to 
members of the public for use for a limited period, in places available to the 
public, such as catering facilities, with earning a direct or indirect economic or 
commercial benefit ; 
b) earning a remuneration for public lending referred to in Article 34 paragraph  
(3) of this Act ; 
c) the right to a share in the remuneration of publishers of press publications  
referred to in Article 167 paragraph  (1) of this Act ; 
3. for audiovisual works : 
a) the right of retransmission , including cable retransmission ; 
b) the right of programme transmission by direct  injection ; 
c) earning a remuneration for rental  referred to in Article 92 paragraph  (2) of this 
Act; 
d) earning a remuneration for public lending  referred to in Article 34 paragraph  
(3) of this Act ; 
4. for all copyright works , except for computer programs and copyright databases : 
a) the right of reproduction, distribution and communication to the public , 
including an act of making  available to the public , on behalf of cultural 
heritage institutions, for non- commercial purposes, of out -of-commerce works 
within the meaning of Article 17 of this Act , and which make a permanent part 
of the collection of a cultural heritage institution ; 
b) earning a remuneration for reproduction of a copyright work for private use  
referred to in Article  183 paragraphs  (2) and (3) of this Act;  
c) earning a remuneration for reproduction and distribution of a copyright work 
by exercising copyright limitation by including it into collections , referred to in 
Article 197 paragraph  (3) of this Act .  
 
Collective Management of Related Rights  
 
Article 218  
(1) Collective management of rights shall include the following related rights under this 
Act: 
1. the rights of performers , in relation to the performances fixed on phonograms, 
including those incorporated in an audiovisual work with the rights retained in 
accordance with Article 136 paragraph  (3) of this Act:  
a) the right of public communication of a fixed work;  81 
 
 b) the right of public communication of broadcasting, retransmission , direct 
injection  and making available  to the public ; 
c) the right of making available to the public ; 
d) the right of communication to the public, including an act of making available  
to the public , when  providing the public with access to performances uploaded 
by users on platforms for online content -sharing ; 
e) the right of reproduction, in relation to the right of making available to the 
public, referred to in Article  149 paragraph  (4) of this Act ; 
2. the rights of phonogram producers , for phonograms : 
a) the right of making available to the public ; 
b) the right of communication to the public, including an act of making available  
to the public, when providing the public with access to phonograms uploaded 
by users on platforms for online content -sharing ; 
3. the rights of publishers of press publications , for press publications : 
a) the right of reproduction, distribution and communication to the public  referred 
to in Article 165 paragraph (1) subparagraphs from  1 to 3 of this Act , of parts 
of press publications, extracted  from written, electronic and other media and 
publications by grouping according to topics, when done by a person other than 
media publishers . 
(2) In addition to the rights referred to in paragraph (1) of this Article, other related rights 
may also be managed collectively, unless stipulated in paragraph (3) of this Article that they 
must be managed only through a collective management organisation.  
(3) The following related rights may be managed only through a collective management 
organisation:  
1. the rights of performers, for the performances fixed on phonograms, including those 
incorporated in an audiovisual work with the rights retained in accordance with Article 
136 paragraph (3) of this Act : 
a) the right of broadcasting, including broadcasting via satellite ; 
b) the right of retransmission , including cable retransmission ; 
c) the right of direct injection ; 
d) the right of reproduction and communication to the public, including an act of 
making  available to the public, within an ancillary  online service ; 
e) earning a rental remuneration referred to in Article 135 paragraph (2) of this 
Act; 
f) earning a public lending remuneration referred to in Article 135 paragraph (1) 
of this Act ; 
g) the right of reproduction, distribution and communication to the public, 
including an act of making  available to the public, on behalf of cultural 
heritage institutions, for non- commercial purposes, of out -of-commerce 
performance within the meaning of Article 17 of this Act, and which make a 
permanent part of the collection of a cultural heritage institution;  
h) earning an annual supplementary remuneration referred to in Article 147 of this 
Act; 
i) earning a remuneration for reproduction for private use  referred to in Article 
185 paragraph ( 1) of this Act;  
j) exercising the right  to the further use of ephemeral recordings referred to in 
Article 190 paragraph (3) of this Act ; 
k) earning a remuneration for reproduction and distribution of a performance  by 
exercising limitation  of the performer’s right  by including it into collections, 
referred to in Article 197 paragr aph (1) of this Act ; 82 
 
 2. the rights of  phonogram producers, for phonograms, including those incorporated into 
an audiovisual work, with the rights retained in accordance with Article  142 paragraph 
(3) of this Act : 
a) the right of reproduction and communication to the public, including an act of 
making  available to the public, within an ancillary  online service ; 
b) earning , in accordance with Article 142 paragraph ( 1) subparagraph 6 of this 
Act, a share in a single equitable r emuneration for: public communication, 
public presentation, broadcasting, retransmission , direct injection , public 
communication of broadcasting, retransmission , direct injection  and making 
available to the public and any other communication to the public of 
phonograms issued for commercial purposes ; 
c) earning a remuneration for public lending referred to in Article 142 paragraph 
(1) subparagraph 2 of this Act;  
d) the rental right ; 
e) the right of reproduction, distribution and communication to the public, 
including an act of making  available to the public, on behalf of cultural 
heritage institutions, for non- commercial purposes, of out -of-commerce 
phonograms within the meaning of Article 17 of this Act, and which make a 
permanent part of the collection of a cultural heritage institution;  
f) earning a remuneration for reproduction for private use referred to in Article 
185 paragraph ( 1) of this Act;  
g) earning a remuneration for reproduction and distribution of a phonogram  by 
exercising limitation of the rights of phonogram producers by including it into 
collections , referred to in Article 197 paragraph (3) of this Act ; 
3. the rights of  an audiovisual producer , for videograms : 
a) the right of reproduction, distribution, communication to the public, including 
an act of making  available to the public, on behalf of cultural heritage 
institutions, for non- commercial purposes, of out-of-commerce videograms 
within the meaning of Article 17 of this Act, and which make a permanent part 
of the collection of a cultural heritage institution ; 
b) earning a remuneration for public lending  referred to in Article 152 
subparagraph 2 of this Act ; 
c) earning a remuneration for reproduction for private use referred to in Article 
185 paragraph ( 1) of this Act;  
4. the rights of  publishers of press publications, for press publications  in whole or in part : 
a) the rental right referred to in Article 165 paragraph (1) subparagraph 2 of this 
Act when a press  publication is given to members of the public for use for a 
limited period, in places available to the public such as catering facilities, with 
earning a direct or indirect economic or commercial benefit ; 
b) the right of reproduction and communication to the public in any manner, 
including an act of making  available  to the public, when a press  publication or 
any part thereof is used online by an information society service provider , 
referred to in Article  166 of this Act ; 
c) the right of reproduction, distribution, communication to the public, including 
an act of making  available to the public  referred to in Article 165 paragraph (1) 
subparagraphs from 1 to 3 of this Act , on behalf of cultural heritage 
institutions, for non- commercial purposes, of out -of-commerce press 
publications  within the meaning of Article 17 of this Act, and which make a 
permanent part of the collection of a cultural heritage institution;  83 
 
 d) earning a remuneration for public lending referred to in Article 165 paragraph 
(1) subparagraph 2 of this Act;  
e) earning a remuneration for reproduction for private use  referred to in Article 
185 paragraph (1) of this Act , related to the right of reproduction referred to in 
Article 165 paragraph (1) subparagraph 1 of this Act ; 
5. the rights of  publishers for written editions : 
a) earning a remuneration for reproduction for private use referred to in Article 
185 paragraphs  (3) and  (4) of this Act . 
 
Individual  Management of Rights of a Broadcasting Organisation  
 
Article 219  
(1) The provisions referred to in Articles  217 and 218 of this Act shall not apply to the 
right of retransmission , including cable retransmission , the right of direct injection , the right 
of reproduction and communication to the public, including an act of making  available  to the 
public, within an ancillary  online service, and the right of  communication to the public 
including an act of making  available to the public , when providing the public with access to 
programme signals uploaded by users on platforms for online content -sharing , which belong 
to a broadcasting organisation with regard to its own programme signals . 
(2) The provision referred to in paragraph ( 1) of this Article shall relate to a broadcasting 
organisation’s own rights, as well as to those rights ceded to it by establishing the right of 
exploitation or transferred to it by other holders of copyright and related rights .  
(3) The provisions referred to in this Article shall not apply to the right s to a remuneration 
that belong to authors and performers as referred to in Article  97 paragraph  (4) and Article  
101 paragraph (4) of this Act  and to other non -renounceable rights of authors and performers 
under this Act.  
 
Special Provisions on  Specific Kinds of Remake 
 
Article 220  
(1) The right of remake that relates to incorporating a non- stage musical work with or 
without words into cinematographic, television, documentary, cartoon, advertising or other 
films, into  drama, documentary and similar series and in announcing or signing -off of shows, 
films or series or in a recognisable short audio or audiovisual segment  (jingle), shall be 
exercised individually . 
(2) For all other cases of incorporating a non- stage musical wo rk with or without lyrics  
into audiovisual works the rights shall be exercised in accordance with Article  217 paragraph  
(3) item 1  subitems e), f) and g) of this Act . 
 
Special Provisions on Collective Management of Rights  
to a Remuneration  for Reproduction for Private Use  
 
 
Article 221  
(1) All collective management organisations exercising the right to a remuneration for 
reproduction for private use for authors and holders of related rights shall authorise one of 
them in writing to manage the right to a remuneration for identical sound, image or text 
carriers and identical technical devices referred to in Article 184, paragraphs (1) to (4) of this 
Act in the name and on behalf of other organisations participating in that agreement or in it s 
own name, and on behalf of those other collective management organisations . 84 
 
 (2) If, after concluding a written agreement between the collective management 
organisations referred to in paragraph (1) of this Article, a new collective management 
organisation appears which manages  the rights to a remuneration for identical sound, image or 
text carriers and identical technical devices, it shall be obliged under the same conditions to  
enter into  an existing agreement  between existing organisations .  
(3) The obligation to submit data referred to in Article 234 of this Act exists only in 
relation to that collective management organisation that manages the rights for other 
collective management organisations .  
(4) The obligation referred to in paragraph ( 1) of this Article on concluding an agreement  
by which collective management organi sations appoint one organi sation to manage  their 
rights, as well as the obligation referred to in paragraph ( 3) of this Article on delivery of data 
to only one collective management organi sation shall not apply if  there are justifiable reasons 
for refusing to enter into such agreement  which must be duly substantiated.  
 
Special Provisions on Collective Management of Copyright and Related Rights to 
Journalistic Works and Press P ublication s 
 
 
Article  222 
(1) Authors of journalistic works and publishers of press publications may establish a joint 
collective management organisation, whose general assembly shall decide on a share in the 
publication referred to in Article  167 paragraph  (1) of this Act and on a division of the 
remuneration referred to in Article  168 paragraph  (2) of this Act . 
(2) If a joint collective management organisation is not established, publishers of press 
publications may establish one of their own for collective management of copyright  that 
belong to them under order contracts, employment contracts, other agreements, acts 
governing employment relations and under this Act , as well as for management of the rights 
of publishers of press publications, and authors of journalistic works may e stablish their own 
organisation for collective management of journalistic copyrights . 
(3) In the case referred to in paragraph (2) of this Article, a collective management 
organisation of publishers of press publications referred to in Article 166 of this Act shall pay 
a share in the remuneration to  a collective management organisation of journalistic 
copyrights, in accordance with Article  167 paragraph (1) of this Act, pursuant to their mutual 
agreement . 
(4) In the case referred to in paragraph (2) of this Article , the division of a remuneration 
for journalistic copyright works created on commission or in the course of employment, 
pursuant to Article 168 paragraph (2) of this Act, shall be determined by an agreement 
between a collective management organisation established by publishers of press publications 
and a collective management organisation est ablished by authors of journalistic works . 
(5) Collective management organisations shall enter into agreements referred to in 
paragraphs (3) and (4) of this Article within one year, counting from the date of the later 
issued approval for performing the activit y of collective management of rights in accordance 
with this Act. If an agreement is not entered into in the given period, any of the collective 
management organisations may request the Council of Experts to mediate in accordance with 
Article 239 of this A ct. 
(6) Instead of proceedings before the Council of Experts referred to in paragraph ( 5) of 
this Article, the parties may enter into an arbitration agreement for arbitration before an 
arbitration court in the constitution  referred to in Article 237 of this Act, in proceedings in 
which Article 236 of this Act shall apply accordingly and in which the arbitration court  shall 
render  an award determining the share in the remuneration, in accordance with Article 167, 85 
 
 paragraph (1) of this Act, and the division of the remuneration , in accordance with Article 168 
paragraph (2) of this Act, which replaces the agreements referred to in paragraphs ( 3) and (4) 
of this Article . 
(7) In the cases referred to in Article 169 of this Act, any remuneration for the use of any 
copyright work or s ubject matter  of related rights, which is made  in the system of collective 
management  of rights, shall belong to the publishers of press publication s in which they are 
published. 
 
Special Provisions on Collective Management of Copyright and Related Rights to Out -of-
Commerce Works  
 
Article 223  
(1) The authorisation for reproduction, distribution, communication to the public, 
including an act of making  available  to the public, for non- commercial purposes, of out -of-
commerce copyright works and s ubject mat ter of related rights within the meaning of Article 
17 of this Act , and that make a permanent part of their collections, shall be requested by 
cultural heritage institutions in the Republic of Croatia from relevant collective management 
organisations  established in the Republic of Croatia, if there are any . If such collective 
management organisations do not exist in the Republic of Croatia, Article 192 of this Act 
shall apply . 
(2) Relevant collective management organisations may grant  an authorisation for using 
out-of-commerce copyright works and s ubject mat ter of related rights to cultural heritage 
institutions in the Republic of Croatia, for using in any Member State of the European Union.  
(3) Information on the authorisations referred to in this Article shall be submitted by 
collective management organisation to the European Union Intellectual Property Office, in 
accordance with Article 17 paragraph (5) of this Act . 
 
Requirements for Collective Management of Rights   
 
Article 224  
(1) Collective management of rights in the territory of the Republic of Croatia may be 
carried out by a collective management organisation which has the authorisation granted by 
the Office for performing such activity . 
(2) The authorisation referred to in paragraph (1) of this Article shall be granted by the 
Office to an association or another collective management organisation on request which 
fulfils the following requirements : 
- has its residence or principle place of establishment in the European U nion;  
- has adequate material and human resources to perform the activity of collective 
management of rights ; and 
- is engaged in the collective management of rights as its sole or main activity . 
(3) A collective management organisation shall be presumed  to meet the requirements 
referred to in paragraph (2) subparagraph 2 of this Article if it has : 
- business premises furnished with information and communication equipment 
appropriate to fulfil the stipulated obligations arising from performing activities of  
collective management of rights ; and 
- professional service to conduct legal and financial affairs, employing minimum one 
person with an undergraduate or graduate university degree in law or identical faculty 
of law in accordance with previously valid regul ations, having at least two years of 
professional experience in managing copyright and related rights and a command of 
English, French or German, and minimum one person qualified in profession to satisfy 86 
 
 the regulations for accounting and having at least t wo years of professional experience 
in organising and keeping the accounts . 
(4) Notwithstanding the provisions referred to in paragraph (3) subparagraph 2 of this 
Article, a collective management organisation may entrust legal and accounting affairs by a 
written contract to an attorney  or a legal person who is registered for accounting, if they meet 
other requirements prescribed in paragraph ( 3) subparagraph 2 of this Article . The collective 
management organisation shall supervise the performance of these tasks. The existence of a 
contract for the performance of these tasks shall not affect the duty of the collective 
management organisation to fulfil all obligations in accordance with this Act. 
(5) For collective management of rights, the Office can grant an au thorisation to only one 
collective management organisation for a particular category of rights and a particular 
category of right holders, taking into account the number of members based on powers of 
attorney received, the number of joint representation ag reements with collective management 
organisations in other states, as well as other circumstances indicating that this collective 
management organisation would be the most efficient one in collective management of rights . 
(6) It shall be presumed that the coll ective management organisation referred to in 
paragraph (5) of this Article has powers of attorney for collective management of rights for 
which it is authorised for all domestic and foreign holders of such rights, except for that right 
holder who has noti fied the collective management organisation explicitly in writing not to 
manage his rights . 
(7) The decision passed by the Office in the procedure of granting the authorisation 
referred to in paragraph (1) of this Article cannot be appealed, but an administrat ive dispute 
can be initiated . 
(8) The collective management organisation shall manage the rights in its own name or on 
behalf of the right holders, and for the account of the right holder . 
(9) The collective management organisation shall inform a user on his reque st of the right  
holders whose rights it does not manage based on the notification referred to in paragraph (6) 
of this Article . 
(10) Collective management organisations and the Office shall publish the information on 
their websites in an appropriate and visible  manner on the presumption referred to in 
paragraph (6) of this Article and the possibility for right holders to be exempt from the 
application of that presumption in accordance with paragraph (6) of this Article . 
(11) The collective management organisation which grants multi -territorial licences for 
online rights in musical copyright works (hereinafter: multi- territorial licences ) shall have 
corresponding information capacity to process electronically data needed for the grant of such 
licences, identifying the repertoire and monitoring its use, exchange of data with right holders 
and online service providers, invoicing users, collecting rights revenue and distributing 
amounts due to right h olders . 
(12) The Office shall keep records of collective management organis ations authorised to 
perform collective management of rights in the territory of the Republic of Croatia . The 
regulations referred to in paragraph (14) of this Article shall regulate which data from the 
records the Office shall publish on its website .  
(13) If the Office has not issued an authori sation due to non- compliance with the 
requirements  referred to in this Article, a repeated request  of the same applicant for an 
authori sation for the same type of right and the same category of rights may not be submitted 
before the expiration of five years from the date of submi tting the first  request . 
(14) The content of the request  for the grant  of authorisation referred to in this Article and 
the list of documentation to be attached to the request  shall be regulate d by a special 
regulations  issued by the Minister responsible for copyright and related rights, with the prior 
consent of the Director General  of the Office.  87 
 
  
Special Requirements for Independent Management Entities  
 
Article 225  
(1) An independent management entity having a residence or a place of establishment in 
the Republic of Croatia or another Member State of the European Union may collectively 
manage the rights in the territory of the Republic of Croatia . 
(2) If it has a residence o r a place of establishment in the Republic of Croatia, an 
independent management entity may collectively manage the rights in the Republic of Croatia 
if it is authorised by the Office to perform such activity . 
(3) If it has a residence or a place of establishm ent in another Member State of the 
European Union, an independent management entity may collectively manage the rights in the 
Republic of Croatia if, under the law of the State in which it has a residence or a place of 
establishment, it may collectively ma nage the rights in that State and if it previously notified 
the Office of its intention to collectively manage the rights in the Republic of Croatia . 
(4) The authorisation referred to in paragraph (2) of this Article shall be granted by the 
Office to an indepe ndent management entity on request which fulfils the following 
requirements : 
- has adequate material and human resources to perform the activity of collective 
management of rights ; and 
- is engaged in the collective management of rights as its sole or main activity . 
(5) An independent management entity shall be presumed  to meet the requirements 
referred to in paragraph (4) subparagraph 1 of this Article if it has : 
- business premises furnished with information and communication equipment 
appropriate to fulfil the stipulated obligations arising from performing activities of 
collective management of rights; and  
- professional service to conduct legal and financial affairs, employing minimum one 
person with an undergraduate or graduate university degree in law or identi cal faculty 
of law in accordance with previously valid regulations, having at least two years of 
professional experience in managing copyright and related rights and a command of 
English, French or German, and minimum one person qualified in profession to satisfy 
the regulations for accounting and having at least two years of professional experience 
in organising and keeping the accounts . 
(6) Notwithstanding the provisions referred to in paragraph ( 5) subparagraph 2 of this 
Article, a n independent  management entity may entrust legal and accounting affairs by a 
written contract to an attorney or a legal person who is registered for accounting, if they meet 
other requirements prescribed in paragraph ( 5) subparagraph 2 of this Article. The 
independent management entity  shall supervise the performance of these tasks. The existence 
of a contract for the performance of these tasks shall not affect the duty of the independent 
management entity to fulfil all obligations in accordance with this Act. 
(7) The Office shall grant  authorisation referred to in paragraph (2) of this Article to the 
independent management entity which furnished  relevant  written evidence in the form of a 
contract or power of attorney to represent certain right holders with regard to certain right, 
categ ories of rights and types of works or s ubject mat ter of related rights, which in 
compliance with the provisions referred to in Article 224 paragraph (6) of this Act notified  
explicitly in writing the collective management organisation authorised by the Off ice not to 
manage their rights, namely for individual type of rights not indicated in Article 217  
paragraph (3) and Article 218 paragraph (3) of this Act . 88 
 
 (8) The decision passed by the Office in the procedure of granting the authorisation 
referred to in parag raph ( 2) of this Article cannot be appealed, but an administrative dispute 
can be initiated . 
(9) In a written notification to the Office referred to in paragraph (3) of this Article, the 
independent management entity shall provide all information  on all right holders, including 
the information  on the rights, categories of rights, types of works or s ubject matter  of related 
rights it intends to manage for these right holders based on powers of attorney obtained. The 
Office may request from such entity other  information as well, such as individual powers of 
attorney, identification of a right holder and s ubject matter  of protection for which it manages 
the rights, notifications of a right holder given in accordance with the provisions referred to in 
Article 22 4 paragraph (6) of this Act and the like . 
(10) During its performance of collective management of rights, an independent 
management entity shall regularly notify the Office of all the changes to the information 
referred to in paragraphs (7) and (9) of this Arti cle. 
(11) An independent management entity  shall manage the rights in its own name or on 
behalf of the right holder, and for the account of the right holder . 
(12) The presumption referred to in Article 224 paragraph (6) of this Act shall not apply to 
independent man agement entities, but they shall furnish evidence for the repertoire for which 
they are authorised to manage the rights.  
(13) An independent management entity  shall notify the user on request on the right 
holders whose rights it manages based on a contract or power of attorney and attach relevant 
written evidence thereto . 
(14) An independent management entity  shall publish the repertoire for which it is 
authorised to manage the rights on its website in an appropriate and visible manner, in 
Croatian and Latin  transcri ption. 
(15) The content of the request for the grant of authorisation referred to in paragraph (2) of 
this Article and the list of documentation to be attached to the request shall be regulated by 
the regulations referred to in Article 224 paragraph (14) of this Act.  
(16) The Office shall keep records of independent  management entities  authorised to 
perform collective management of rights in the territory of the Republic of Croatia. The 
regulations referred to in Article 224 paragraph (14) of this Act shall regula te which data from 
the records the Office shall publish on its website . 
(17) If the Office has not issued an authorisation due to non- compliance with the 
requirements referred to in this Article, a repeated request of the same independent 
management entity  for an authorisation for the same type of right and the same category of 
rights may not be submitted before the expiration of five years from the date of submitting the 
first request . 
(18) The regulations referred to in Article 224 paragraph (14) of this Act shall also regulate 
the content of the notification referred to in paragraph (3) of this Article . 
 
Entrusting the Management of Rights  and 
Mutual Representation  
 
Article 226  
(1) A collective management organisation may manage one, two or more types of rights 
that us ually relate to a particular category of right holders . 
(2) The collective management organisation may entrust certain kind of tasks regarding 
the management of rights to another collective management organisation in the form of a 
written contract. The entrust ed collective management organisation shall manage the rights on 89 
 
 behalf and for the account of the entrusting collective management organisation, or on its own 
behalf and for the account of the entrusting collective management organisation. 
(3) The collective management organisation may entrust certain administrative, technical 
or accessory works , such as  invoicing of users or distributing amounts due to right h olders to 
another natural or legal person, in the form of a written contract. The collective management 
organisation shall supervise the performance of these tasks. The existence of the  contract on 
performing these tasks shall not influence the duty of the collective management organisation 
to fulfil all the obligations pursuant to this Act.  
(4) The collective management organisation established by this Act may enter into a joint 
representation agreement with another such collective management organisation established 
by the act of another Member State of the European Union or by the act of any other state for 
the management of the same kind of rights. In this case, the collective management 
organisation cannot discriminate the right  holders whose rights it manages, particularly in 
relation to applicable prices, management fee and the conditions of col lecting the rights 
revenue and distributing amounts due to right  holders . 
(5) Representation agreement is any agreement between collective management 
organisations whereby one collective management organisation mandates another collective 
management organisati on to manage the rights it represents, including an agreement 
concluded under Articles 258 and 259 of this Act . 
(6) The provisions referred to in this Article shall apply accordingly to independent 
management entities as well. 
 
Chapter 2  
 
RELATIONSHIP BETWEEN THE COLLECTIVE MANAGEMENT 
ORGANISATION AND A RIGHT HOLDER 
 
Holder’s Rights  
 
Article 227  
(1) The right  holder shall have the right to freely choose and to authorise a collective 
management organisation in any Member State of the European Union for the management of 
the rights, categories of rights or types of works or s ubject mat ter of related rights of his  own 
choice, for the states of his own choice, irrespective of the European Union Member State of 
nationality, residence or place of establishment. The chosen collective management 
organisation resident or established in the Republic of Croatia shall accept the management of 
such rights, categories of rights or types of works or s ubject mat ter of related rights where 
such management falls within the scope of its activity, unless it has objectively justified 
reasons to refuse such authorisation. 
(2) The right  holder shall have the right to grant licences for non -commercial uses of any 
rights, categories of rights or types of works and other s ubject mat ter that he may choose, and 
a collective management organisation shall inform the right  holders whose rights it m anages 
of the conditions under which right  holders may grant licences for non- commercial uses of 
their works  or subject mat ter of the related rights which they authorised this collective 
management organisation to manage. Non- commercial use is considered t o be the use with no 
economic or commercial benefit provided either directly or indirectly . 
(3) The right holder may terminate the authorisation to manage rights granted by him to a 
collective management organisation entirely or in relation to a particular rig ht, a category of 
rights or a type of works or s ubject mat ter of related rights of his choice, for the territories of 
his choice, upon serving notice not exceeding six months, regardless of whether at the same 90 
 
 time he authorised another collective management organisation to manage his rights. The 
collective management organisation may decide that such termination is to take effect at the 
end of the financial year . 
(4) The right  holder shall retain all the rights against a collective management 
organisation in relation to the uses which occurred and the licences for the use granted by a 
collective management organisation before the termination as referred to in paragraph (3) of 
this Article took effect.  
(5) Any authorisation to manage rights and the termination of such authorisation shall be 
evidenced in writing, documenting s pecific rights, categories of rights or types of works or 
subject mat ter of related rights covered thereby . 
(6) A collective management organisation shall provide in its statute and/or membership 
rules that right holders shall at least have the rights as refer red to in this Article, publish it on 
its website , and inform right  holders of these rights before their granting licences for 
management . 
 
Members of a Collective Management Organisation  
 
Article 228  
(1) A member of the collective management organisation is a right h older or an entity 
representing right holders, including other collective management organisations and 
associations of right holders, fulfilling the membership requirements of the collective 
management organisation and admitted by it .  
(2) A collective management organisation shall accept all right h olders and entities 
representing right  holders, including other collective management organisations and 
associations of right  holders, as members if they fulfil the membership requirements, which 
shall be based on objective, transparent and non- discriminatory criteria.   
(3) The membership requirements shall be included in the statute or rules  to set out  
membership terms of the collective management organis ation  as well as  rights  and obligations 
of the members,  and shall be made publicly available .  
(4) The decision of a collective management organisation on refus al to accept a request 
for membership shall be  clear ly reasoned . 
(5) The statute of a collective management organisation shall provide for appropriate and 
effective mechanisms for the participation of its members in the organisation’s decision -
making process. The representation of the different categories of members in the decision -
making process shal l be fair and balanced . 
(6) A collective management organisation shall ensure that its members communicate 
with it by electronic means, including for the purposes of exercising members’ rights . 
(7) A collective management organisation shall keep records of its members and shall 
regularly update those records . 
 
Rights of Right Holders Who Are Not Members of the Collective Management 
Organisation  
 
Article 229  
A collective management organisation shall accordingly apply all the rights pertaining 
to its members to the right  holders it represents based on a presumed power of attorney and to 
the right  holders who are not its members, but it represents them based on a contractual 
arrangement, except for the rights relating to the management and decision -making in the 
collective management organisation . 91 
 
  
Chapter 3  
 
INTERNAL STRUCTURE OF THE  
COLLECTIVE MANAGEMENT ORGANISATION 
 
 
General Assembly of Members  
 
Article 230  
(1) General assembly of members is the body of the collective management organisation 
wherein members participate and exercise their voting rights, regardless of the legal form of 
the collective management organisation . 
(2) A general assembly of members shall be convened at least once a year . 
(3) The general assembly of members shall have the following powers : 
- adopting of the statute, its amendments and deciding on presumptions for membership 
in the collective management organisation unless regulated by the statute;  
- the appointment or dismissal of board members, review of their general performance 
and approval of t heir remuneration and other benefits, such as monetary and non-
monetary benefits, voluntary pension funds, rights to awards and severance pay;  
- the general policy on the distribution of amounts due to right holders ; 
- the general policy on the use of non- distributable amounts  and deciding on the use of 
non-distributable amounts, exclusively for the purpose of managing social, cultural 
and educational activities to the benefit of right holders;  
- the general investment policy with regard to rights revenue  and to any income arising 
from the investment of rights revenue ; 
- the general policy on deductions from rights revenue and from any income arising 
from the investment of rights revenue ; 
- the risk management policy ; 
- the approval of any acquisition, sale or m ortgage of immovable property  owned by the 
collective management organisation; 
- the approval of mergers and alliances with other entities, the setting -up of subsidiaries, 
and the acquisition of other entities or shares or rights in other entities ; 
- the approval of taking out loans, granting loans or providing security for loans . 
(4) Statute is the fundamental general act containing the rules of constitution and 
operation of a collective management organisation in terms of regulations governing status 
issues of le gal persons . 
(5) Board  member is : 
- any member of the management board where this Act or the statute of the collective 
management organisation provides for a unitary board;  
- any member of the management board or the supervisory board where this Act  or the 
statute of the collective management organisation provides for a dual board. 
(6) In a collective management organisation with a dual board system, the general 
assembly of members shall not decide on the appointment or dismissal of members of the 
management board or approve their remuneration and other benefits where the power to take 
such decisions is delegated to the supervisory board. 
(7) The general assembly of members may delegate the powers listed in paragraph ( 3) 
subparagraphs from 7 to 10 of this Article, by a provision in the statute or by a special 
resolution, to the body exercising the supervisory function of the management of a collective 
management organisation. 92 
 
 (8) The general assembly of members shall be authorised to supervise the operation of a 
collective management organisation, in particular : 
- to decide on the appointment and dismissal of auditors, and 
- to approve of the annual transparency report as referred to in Article 251 of this Act . 
(9) All members of the collective management organisatio n shall have the right to 
participate in, and the right to vote at, the general assembly of members. In its statute or 
membership terms, the collective management organisation may restrict on the right of the 
members of the collective management organisati on to participate in, and to exercise voting 
rights at, the general assembly of members, on the basis of one or both of the following 
criteria,  provided that such criteria are determined and applied in a manner that is fair and 
proportionate : 
- duration of m embership;  
- amounts received or due to a member . 
(10) Every member of a collective management organisation shall have the right to appoint 
any other natural person or legal entity as a proxy holder by a notarised special power of 
attorney to participate in, and vote at, the general assembly of members on his behalf, 
provided that such appointment does not result in a conflict of interest which might occur for 
example, where the appointing member and the proxy holder belong to different categories of 
right  holders  within the collective management organisation . The proxy holder’s appointment 
shall be valid for a single general assembly of members. The proxy holder shall enjoy the 
same rights in the general assembly of members as those to which the appointing member 
would be entitled and he shall participate in, and cast votes in accordance with the instructions 
issued by the appointing member, which are included in the power of attorney. Statute or 
another act of the collective management organisation can provide det ailed limitation s 
regarding the appointment of proxy holders and their voting rights on behalf of the appointing 
members . 
(11) The collective management organisation may set out in its statute that the powers of 
the general assembly of members may be exercised by an assembly of delegates elected at 
least every four years at the general assembly of members, provided that : 
- appropriate and effective participation of members in the collective management 
organisation’s decision- making process is ensured; and 
- the representation of the different categories of members in the assembly of delegates 
is fair and balanced . 
(12) The provisions referred to in paragraphs (2) and (3) and paragraphs from (6) to (10)  of 
this Article shall apply mutatis mutandis  to the assembly of de legates under paragraph ( 11) of 
this Article . 
(13) Where a collective management organisation, by reason of its legal form, does not 
have a general assembly of members, the powers of that assembly are to be exercised by the 
body exercising the supervisory function as referred to in Article 231 of this Act.  In this case, 
the rules laid down in this Article, except for paragraphs from (5) to (7), shall apply mutatis 
mutandis  to such body exercising the supervisory function. 
(14) Where a collective management organisation has members who are only entities 
represent ing right  holders, all or some of the powers of the general assembly of members 
under this Article may be transferred by its statute to a general assembly of those entities. In 
this case, the rules laid down in this Article, except for paragraphs from (11) to (1 3) shall 
apply mutatis mutandis  to the general assembly of members of those entities . 
 
 
 
 93 
 
 Supervisory Function  
 
Article 231  
(1) A collective management organisation shall have a body to exercise a supervisory 
function for continuously monitoring the activities and the performance of the duties of the 
persons who manage the business of the collective management organisation. 
(2) There shall be fair and balanced representation of the different categories of members 
of the collective management organisation in the body exercising the supervisory function.  
(3) Each member of the body exercising the supervisory function shall make an individual 
statement on conflicts of interest, containing the information referred to in Article 232 
paragraph (3) of this Act, to the general assembly of members . 
(4) The body exercising the supervisory function shall meet regularly and shall have the 
following powers : 
- to exercise the powers delegated to it by the general assembly of members, including 
the powers under Article 230 paragrap h (3) subparagraph 2 and paragraph (7) of this 
Act; and 
- to monitor the activities and the performance of the duties of the persons referred to in 
Article 232 of this Act, including the implementation of the decisions of the general 
assembly of members and, in particular, of the general policies listed in Article 230  
paragraph ( 3) subparagraphs 3 to 6 of this Act . 
(5) The body exercising the supervisory function shall report on the exercise of its powers 
to the general assembly of members  once a year . 
 
Obligations of the Persons Who Manage the Business of the   
Collective Management Organisation  
 
Article 232  
(1) The persons who manage the business of the collective management organisation shall 
do so in an extra attentive, prudent and appropriate manner, using sound administrative and 
accounting procedures and internal control mechanisms . 
(2) A collective management organisation shall put in place and apply procedures to avoid 
conflicts of interest. Where such conflicts cannot be avoided, i t shall identify, manage, 
monitor and disclose any actual or potential conflicts of interest in such a way as to prevent 
them from adversely affecting the collective interests of the right h olders whom the 
organisation represents . 
(3) The procedures referred t o in paragraph (2) of this Article shall include the obligation 
of an individual statement by each of the persons who manage the business of the collective 
management organisation to the general assembly of members, containing the following 
information : 
- any interests in the collective management organisation ; 
- any remuneration received in the preceding financial year from the collective 
management organisation, including in the form of pension schemes, benefits in kind 
and other types of benefits ; 
- any amou nts received in the preceding financial year as a right h older from the 
collective management organisation ; and  
- a declaration concerning any actual or potential conflict between any personal interests 
and those of the collective management organisation or between any obligations owed 
to the collective management organisation and any duty owed to any other natural or 
legal person . 
 94 
 
 Chapter 4  
 
RELATIONSHIP BETWEEN A COLLECTIVE MANAGEMENT ORGANISATION 
AND THE USERS  
 
 
Granting of Authorisation for Use  
 
Article 233  
(1) Prior to starting to use a particular s ubject mat ter of protection, a legal or a natural 
person shall submit a request for the authorisation of such use to a relevant collective 
management organisation. The request shall include information on the type and 
circumstances of the use, such as manner, place and time of the use, and other information 
required for establishing the amount of remuneration. 
(2) The collective management organisation shall respond to the request for the 
authorisation of such use within an appropriate time -limit, indicating in particular the 
information needed for the authorisation to be granted. Upon receipt of all the relevant 
information, the organisation shall grant the authorisation to a user or provide a reasoned 
reply why the authorisation cannot be granted.  
(3) The authorisation shall i nclude the indication of the types of rights to which it applies, 
conditions of use in terms of manner, place and time, and the amount of remuneration for the 
use, where the use is subject to payment of remuneration. The requirements for the 
authorisation of such use shall be based on objective and non- discriminatory criteria . 
(4) A user shall submit to a collective management organisation, without delay, the 
information relating to any change of circumstances of such use or of its termination, in order 
to change accordingly the conditions under which the authorisation has been granted or to 
withdraw the authorisation . 
(5) A collective management organisation shall allow the users to submit the request for 
the authorisation of such use and to communicate with it  in connection with the authorisation 
by electronic means . 
(6) A legal or natural person which or who allows the use of its or his premises to another 
person who uses s ubject mat ter of protection in such space, shall check whether that person 
has adequate auth orisation for the use of the s ubject mat ter of protection. Where a legal or a 
natural person has allowed the use of its or his premises to a person not having such 
authorisation, although knowing or having reasons to know that s ubject mat ter of protection 
will be used in such premises, shall be jointly and severally liable to pay a corresponding 
remuneration for the use of the s ubject mat ter of protection . 
 
User s' Obligations  
 
Article 234  
(1) Users shall provide a collective management organisation within an agreed or pre -
established time and in an agreed or pre -established format, with such relevant information at 
their disposal, as is necessary for the collection of rights revenue and/or for the distribution of 
amounts due to right holders. When deciding on the format for the provision of such 
information, a collective management organisation and users shall take into account, as far as 
possible, the standards voluntarily applied in the relate d area ( hereinafter : voluntary industry 
standards ). 
(2) A collective management organisation shall, as far as possible, allow users to provide 
the information as referred to in paragraph (1) of this Article by electronic means . 95 
 
 (3) In case of insufficient informa tion on or an unauthorised use of the s ubject matter  of 
protection, the competent state administration bodies or other natural and legal persons having 
such information at their disposal, shall submit to the collective management organisation at 
its reques t the information that relate to the management of rights under this Act, except in 
cases when such provision of the information would be contrary to the Regulation (EU) 
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protect ion of 
natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/E C (General Data Protection Regulation ) or the Act 
on the Protection of Undisclosed Commercially Sensitive Information. 
 
Prise for the Use of S ubject mat ter of Protection  
 
Article 235  
(1) A price and other requirements for the use of the s ubject mat ter of protection shall be 
regulated primarily by a contract between a collective management organisation and a user of 
the subject mat ter of protection or by a contract between a collective management 
organisation and a chamber of users of the s ubject mat ter of protection. If users are not 
organised through a chamber or it results from the circumstances that users’ interest will be 
better represented through another association of users of the s ubject mat ter of protection, a 
collective management organisation  may enter into a contract with another association of 
users. Collective management organisations and users or their chambers or associations shall 
conduct negotiations for entering into such contracts in good faith and provide each other with 
all the info rmation necessary to reach an agreement . 
(2) If the price for such use is not set in compliance with paragraph (1) of this Article, it 
shall be paid according to the tariffs of a collective management organisation . 
(3) Prior to setting the tariffs as referred to in paragraph (2) of this Article, a collective 
management organisation shall submit the proposal thereof for the declaration by a chamber 
or another association of users . 
(4) If a chamber or another association of users fail to furnish a written declaration to a 
collective management organisation within 30 days upon receipt of the tariff proposal, it shall 
be presumed  that they do not oppose to the proposed tariffs . 
(5) If a chamber or another association of users does not accept the tariffs wholly or partly 
in a wr itten declaration, it can agree on arbitration with a collective management organisation 
in order to determine the related tariffs, within 60 days upon receipt of the tariff proposal at 
the latest. A collective management organisation and users can agree o n arbitration in 
advance, establishing to settle any dispute in the procedure of setting the tariffs in arbitration. 
Arbitration shall be conducted in compliance with the provisions as referred to in Article 236 
of this Act . 
(6) If a collective management organisation and a chamber or another association of users 
do not agree on arbitration within the time -limit as referred to in paragraph (5) of this Article, 
the collective management organisation shall request the Council of Experts for its opinion on 
the subject mat ter of disagreement within further 15 days. The Council of Experts shall render 
its opinion within 60 days upon receipt of the request. The Council of Experts may, for 
justified reasons, prolong the time -limit for rendering its opinion maximum by a nother 30 
days, which shall be notified to the parties in the procedure of rendering the opinion prior to 
the expiry of the first time -limit of 60 days . 
(7) Until the procedure for adopting the tariffs referred to in paragraphs from (3) to (6) of 
this Article is completed, the price shall be paid in accordance with the approved tariffs or as 
an advance payment according to the proposed tariffs if the approved tariffs do not contain a 
particular type of using the s ubject mat ter of protection. 96 
 
 (8) Until the procedure for adopting the tariffs referred to in paragraphs from (3) to (6) of 
this Article is completed, with regard to the amounts of a remuneration for reproduction for 
private use under this Act, the price shall be paid according the approve d tariffs, and if the 
approved tariffs do not contain a particular technical device or a sound, image or text carrier, 
the user shall pay the undisputed amount of the price from the tariff proposal, and for the 
disputed amount the collective management org anisation may request the user to submit 
appropriate quality payment security, which the user shall submit within the time -limit set by 
the collective management organisation.  If the user, at the request of the collective 
management organisation, fails to submit the required quality security for the payment of the 
disputed amount of remuneration within the set time -limit, he shall pay an advance according 
to the tariff proposal.  
(9) The opinion of the Council of Experts referred to in paragraph (6) of this Arti cle shall 
contain its evaluation of whether the tariffs of a  collective management organisation relate to 
the rights for management of which a collective management organisation has the 
authorisation pursuant to the provisions of this Act, and an opinion on whether the prices 
conform to the principles referred to i n Article 240 of this Act. If the Council of Experts fails 
to give its opinion within the period referred to in paragraph (6) of this Article, it shall be 
presumed  that it agrees with the proposed tariffs . 
(10) After the completion of the procedures referred to in this Article, the tariffs shall be , 
pursuant to Article 250 of this Act, published on the website of a collective management 
organisation, and they shall apply to all users who use the s ubject mat ter of protection as 
provided by the tariffs, starting f rom the day of initiating a procedure to set the tariffs 
pursuant to the provisions as referred to in paragraph (3) of this Article . 
 
Setting the Tariffs before  the Arbitration Court  
 
Article 236  
(1) In compliance with the provisions as referred to in Article 235 paragraph (5) of this 
Act, the parties may enter into an agreement to finally settle their dispute over the tariffs in 
arbitration according to the valid Rules of Arbitration of the Permanent Arbitration Court at 
the Croatian Chamber of Commerce (herei nafter: Zagreb Rules), unless provided otherwise 
by this Act.  
(2) Arbitration on the tariffs shall be conducted pursuant to the provisions on the 
accelerated arbitration process in terms of the Zagreb Rules as referred to in paragraph (1) of 
this Article, rega rdless of the value of the s ubject matter  in dispute, and to other applicable 
provisions of the Zagreb Rules. An accelerated arbitration process on the tariffs can take no 
longer than three months as a rule, counting from the date of the arbitration court being 
constituted in line with the provisions under Article 237 of this Act. Time -limits provided by 
the Zagreb Rules in relation to an accelerated arbitration process for the parties to undertake 
certain actions can be reduced by the arbitration court if it assesses this to be in the interest of 
the process efficiency, observing thereby the principle of equal treatment of the parties . 
(3) If the tariffs are proposed by two or more collective management organisations, they 
are all together deemed to be one part y to the arbitration process. If the interests of users 
whom the tariffs in arbitration process shall be applied to are represented by several chambers 
and/or other associations of users, they are all together deemed to be one party to the 
arbitration proc ess. 
(4) The tariffs of a collective management organisation shall be determined by arbitration 
award in compliance with the principles as referred to in Article 240 of this Act . 
(5) The tariffs determined by arbitration award as referred to in paragraph (4) of this 
Article, pursuant to Article 250 of this Act, shall be published on a website of the concerned 97 
 
 collective management organisation and shall apply to all users who use the s ubject mat ter of 
protection as provided by the tariffs, starting from the day of initiating a procedure to set the 
tariffs pursuant to the provisions as referred to in Article 235 paragraph (3) of this Act . 
 
Constitution of Arbitration Court  
 
Article 237  
(1) Arbitration court has three arbitrators who are appointed from the List of Arbitrators 
before the Permanent Arbitration Court at the Croatian Chamber of Commerce, who need to 
be experts in the field of copyright and related rights .  
(2) President of the arbitration court needs to be a judge or an ex -judge of the High 
Commercial Court of the Republic of Croatia .  
(3) Each party shall appoint one arbitrator in an arbitration agreement as referred to in 
Article 235 paragraph (5) of this Act. Thus appointed arbit rators shall appoint a president of 
the arbitration court no later than within 15 days upon conclusion of the arbitration agreement .  
(4) If arbitrators appointed by the parties cannot agree on the president of the arbitration 
court, he will be appointed by th e president of the Permanent Arbitration Court at the Croatian 
Chamber of Commerce . 
 
Constitution and Operation of the Council of Experts  
 
Article 238  
(1) The Council of Experts shall consist of a president and four members. A president and 
the members of the Council of Experts shall be appointed for a period of four years by the 
Minister responsible for the field of copyright and related rights, on the proposal by the 
Director General of the Office.  
(2) A president and the members of the Council of Experts shall be selected from among  
the renowned experts,  who may contribute to the achievement of objectives of the Council of 
Experts owing to their prior accomplishments and expertise in issues related to the 
implementation of copyright and related rights . 
(3) The Director General of the Office shall initiate the procedure of election of the 
president and members of the Council by a public invitation.  
(4) If the Minister considers that the proposed candidates are not adequate to assure the 
appropriate constitution of the Council of Experts, he shall order the Director General to 
repeat the election procedure.  
(5) The Council of Experts renders its opinions on a session by the majority of votes of all 
its members . 
(6) Prior to delivering its opinions, the  Council of  Experts  may i nvite other competent 
persons having expertise in certain issues , to attend the  sessions, without the right to vote. The 
sessions of the Council of Experts may also be attended, without the right to vote by the 
officials and other employees of the Office dealing with the s ubject mat ter of the session. 
(7) The president, the members of the  Council of Experts as well as the invited experts 
shall have the right to remuneration for their work. The remuneration shall be paid by the 
parties involved in the respecting matter in the equal shares, unless otherwise decided by the 
Council of Experts . 
(8) The Council of Experts shall adopt its Rules of Procedure .  
(9) Supervision of the operation of the Council of Expert shall be conducted by the 
Director General of the Office.  
(10) In supervising the operation of the Council of Experts, the Director General of the  
Office may propose to the Minister responsible for copyright and related rights to discharge 98 
 
 the President or a member of the Council of Experts if he finds that he does not perform his 
duties without a justified reason in accordance with the provisions of this Act or the Rules 
referred to in paragraph (8) of this Article .  
(11) Upon prior consent of the Director General of the Office, the Minister responsible for 
copyright and related rights shall issue the rules on the Council of Experts regulating the 
appointment of members of the Council of Experts, the operation of the Council of Experts 
and the remuneration referred to in paragraph (7) of this Article. 
 
Mediation of the Council of Experts  
 
Article 239  
(1) The Council of Experts shall also carry out the followi ng procedures of mediation:  
1. mediation  in respect of conclusions of the contracts on retransmission , including cable 
retransmission , and on transmission by direct injection, between collective 
management organisations and retransmission  operators, including cable 
retransmission , or transmission by direct injection ; as well as between broadcasting 
organisations and retransmission  service operators, including cable retransmission , or 
transmission by direct injection, in respect of granting  authorisation for 
retransmission , including cable retransmission , and transmission by direct injection 
and/or payment  of the related remuneration;  
2. mediation  in respect of conclusions of the contracts in order to make audiovisual 
works available to the public within services of video- on-demand ; 
3. mediation  in respect of the provision of access to a copyright work or subject mat ter of 
related rights and its use in compliance with the content limitation of copyright and 
related rights under this Act, between a person who claims to be authorised pursuant to 
this Act to use a copyright work or subject mat ter of related rights without the right 
holder’s  authorisation or without the authorisation and without  payment  of 
remuneration, and the right  holder , or other person, respectively, who applied 
technical protection measures to the access to or the use of copyright works  subject 
matter of related rights , or who is authorised and has the possibility to remove them ; 
4. mediation  stipulated in Article 53 paragraph (3) of this Act ; 
5. mediation in respect of amendments to the contract or its modification for a more fair 
share in the profit referred to in Article 68 of this Act ; 
6. mediation  in respect of fulfilling the obligation of transparency referred to in Article 
69 of this Act ; 
7. mediation  between a collective management organisation established by publishers of 
press publications and the one established by authors of journalistic works in order to 
achieve agreement on the share in remuneration referred to in Article  167 paragraph  
(1) of this Act ; and 
8. mediation  between a collective management organisation established by publishers of 
press publications and the one established by authors of journalistic works in order to 
achieve agreement on the share in remu neration referred to in Article 168 paragraph 
(2) of this Act . 
(2) The Council of Experts will, as a mediator in negotiations  referred to in paragraph (1) 
of this Article,  assist the parties to achieve the agreement. The Council of Experts shall be 
authorised to submit proposals to the parties concerning the regulation of their mutual 
relations. The proposals shall be submitted in person, or by registered mail. If none of t he 
parties expresses its opposition by registered post within three months as from the receipt of 
the proposal, it shall be considered that both parties accept such proposal . If it is a matter of 99 
 
 disputes referred to in paragraph (1) items 1, 2 or 4 of thi s Article, the parties  shall  include 
such proposal of the Council of Experts in the related contract . 
(3) All parties to disputes referred to in paragraph (1) of this Article  shall enter, conduct 
and finish negotiations in good faith. They shall be liable for any abuse of negotiations or 
negotiating positions, or their rights in compliance with the act regulating civil obligations . 
(4) Mediation procedure referred to in paragraph (1) items 4 and 5 of this Article may be 
initiated by right holders and right holders’  associations on an individual request of one or 
more right holders . 
 
Principles for Setting the Prices for  
Using S ubject mat ter of Protection  
 
Article 240  
(1) The price for the use of the s ubject mat ter of protection must be appropriate, regardless 
of whether it is a matter of exclusive rights or rights to remuneration  in the case where a 
subject mat ter of protection under this Act may be used without the right holder’s 
authorisation. Tariffs must be reasonable in relation to, inter alia , the economic value of the 
use of the rights on the market, taking into account the nature and scope of the use of the 
subject mat ter of protection, the economic value of the service provided by a col lective 
management organisation and accordingly the tariffs applicable in other Member States of the 
European Union for the same kind and form of the use and the same kind of the right . 
(2) With setting the price as referred to in paragraph (1) of this Article , religious, social 
and cultural needs of users who belong to sensitive social groups of pensioners, children and 
people with disabilities, shall be taken into account to an appropriate extent . 
(3) A collective management organisation shall notify on request the user concerned of 
the criteria it has taken into account with setting the tariffs . 
(4) With setting the price for using s ubject mat ter of protection online, a collective 
management organisation shall not be required to use the tariffs as a role model already 
determined for other kinds and forms of online services if it is a matter of the use in a new 
type of online service which has been available in the European Union for less than three 
years . 
(5) If the use of the s ubject matter  of protection is essential for the activity of a user in a 
way that its activity depends on such use, as it is in cases of broadcastings, retransmission , 
transmiss ion by direct injection, concert, dance or other uses of the s ubject mat ter against 
payment, the price shall be determined  in principle as a percentage of the income, or earning 
achieved by a user from using the s ubject mat ter of protection.  
(6) If the costs necessary for the use of the s ubject mat ter of protection are higher than the 
income from such use, t he price can be determined  as a percentage of the costs necessary for 
the use of the s ubject mat ter of protection, such as remuneration s or sa laries of performing 
artists, or the costs of using the facilities for the use of the s ubject mat ter of protection or 
another corresponding costs . 
(7) In addition to the prices determined  as a percentage, the minimum lump sum  of the 
prices shall be specified . 
(8) If the use of the s ubject matter  of protection is not essential for a user, but is useful or 
enjoyable , such as  in case of accommodation facilities, exposition places, transport means and 
certain catering objects, as a rule the tariff shall be set as a lump sum for permanent and 
occasional uses  of the s ubject mat ter of protection . 
(9) When setting the price as a lump s um as referred to in paragraph (8) of this Article and 
the minimum amounts of the prices as referred to in paragraph (7) of this Article, 
circumstances of the use of the s ubject matter  of protection shall be taken into account, such 100 
 
 as the type of the use,  place and geographical location, category and size of the facilities for 
the use of the s ubject mat ter of protection, duration and number of the uses, and difference in 
prices regarding a user’s business . 
(10) The price for reproduction and communication to the public, including an act of 
making  available to the public, of press publications  in digital format , pursuant to Article 166 
paragraph (1) of this Act, shall be set, as a rule, as a percentage of all direct and indirect 
revenues, or earnings achieved by an information society service provide with regard to the 
use of a press publication, with setting the lowest price or, if that is not possible, as a lump 
sum. 
(11) With setting the price for reproduction and communication to t he public, including an 
act of making  available to the public, of copyright works and s ubject matter  of related rights 
used in ancillary  online services  which the country of origin principle referred to in Article 49 
of this Act shall be applied to, all aspects of ancillary  online service, in addition to other 
criteria from this Article, shall be taken into account, such as characteristics of the service, 
including the duration of online availability of programs provided under that service, the 
public, including the public in the Republic of Croatia and in other states  with access to the 
ancillary  online service and using that service and available language versions . This shall not 
preclude the possibility of setting the price based on earnings of a broadcasting organisation.  
(12) With setting the price for retransmission , including cable retransmission  and 
transmission by direct injection , the economic value of using the right in trade shall be taken 
into account, in addition to other criteria from this Article, including the value assigned to the 
means of retransmission , including cable retransmission, and transmission by direct injection.  
(13) If a user fails to submit the information required for setting the price for the use of the 
subject mat ter of protection, a collective management organisation may establish itself this 
information according to information collected in compliance with Article s 234 and 241 of 
this Act, or in another appropriate way . 
(14) Appropriate remuneration for the reproduction  for private use referred to in Article  
184 paragraphs  (2) and  (3) of this Act is a fair remuneration , whereby, in determining the 
amount of appropriate remuneration, in addition to the principle for setting the price of using 
the subject mat ter of protection referred to in paragraph (1) of this Article, the probable 
damage to the right holder incurred shall be taken into account when his work or s ubject 
matter of related rights is reproduced for private use without his authorisation, the applica tion 
of technical measures of protecting access to the use of works or s ubject mat ter of related 
rights and other circumstances that may affect the proper measurement of the form and 
amount of appropriate remuneration . The appropriate remuneration  shall  not unreasonably 
burden the business of a  manufacturer and importer referred to in Article 184 paragraph (1) of 
this Act, so that  the price of blank sound, image or text carriers, technical devices and other 
relevant market circumstances shall  be taken into  account when determining the amount of 
the appropriate remuneration . Before initiating the procedure of adopting the tariffs  referred to 
in Article 235 of this Act for new blank sound, image or text carriers and technical devices, 
the collective managemen t organi sation shall conduct research on the actual use of these 
empty sound, image or text carriers and technical devices for reproduction of  works and 
subject mat ter of related rights , and the results of which shall  be taken into account in 
determining the amount of appropriate remuneration. The results of such research shall  be 
made public on the website of the collective rights organi sation . 
(15) In the cases referred to in Article 149, paragraph (4) of this Act, the pr ice for making 
available to the public and for the appropriate manner of reproduction of an artistic 
performance shall be set  as a percentage of the revenue generated by a phonogram producer 
by commerciali sation of an  artistic performance via the Internet , for any artistic performance 
for which the rights are presumed to be managed through a  collective management 101 
 
 organisation. The phonogram producer shall not be obliged to pay to a collective management 
organization a part of the price for an individual per formance which is proportional to the 
share of the performer who concluded a contract with him referred to in Article 149, 
paragraph (1) of this Act, which would belong to that performer according to the rules on 
distribution of a collective management org anisation . The phonogram producer shall pay the 
remuneration  for such performer according to the concluded contract . 
 
Monitoring the Use of S ubject mat ter of Protection  
 
Article 241  
(1) A collective management organisation may, in compliance with the authorisation of a 
right holder as referred to in Article 227 of this Act, monitor the use of the s ubject mat ter of 
protection for which it has authorisation for collective management of rights granted pursuant 
to the provisions of this Act . 
(2) Users of s ubject mat ter of protection shall provide a collective management 
organisation with information relevant for such management of rights and enable the 
inspection of relevant documentation. 
(3) At a request of collective management organisations, the State Inspectorate, a state 
administration bod y responsible for implementing  the customs protection measures , and a 
state administration body responsible for police administrations shall provide assi stance to the 
collective management organisations in exercising monitoring as referred to in paragraph (1) 
of this Article regarding the use of the s ubject matter  of protection. 
(4) At a request of an author  or another right holder , or a collective management 
organisation, the competent police administration or a police station shall prohibit a 
performance at which s ubject mat ter of protection are used, if the user  does not have the 
authorisation of the author  or another right holder , that is, of a collective management 
organisation. 
 
Chapter 5  
 
MANAGEMENT OF RIGHTS REVENUE  
 
Collection and Use of Rights Revenue 
 
Article 242  
(1) A collective management organisation shall be diligent in the collection and 
management of rights revenue . 
(2) A collective management organisation shall keep separate in its accounts : 
- rights revenue and any income arising from the investment of rights revenue; and  
- any own assets it may have and income arising from such assets, from management 
fees or from other activities . 
(3) A collective management organisation shall not be permitted to use rights revenue or 
any income arising from the investment of rights revenue for purposes other than distribution 
to right  holders, except where it is allowed to deduct or offset its management fees or wh ere it 
is allowed in compliance with a decision taken in accordance with Article 230 paragraph ( 3) 
subparagraphs 5 and 6 of this Act . 
(4) The management cost is the amount that a collective management organisation, for the 
purpose of covering the costs of mana ging copyright or related rights, collects, deducts or 
compensates from the rights revenue or from any other income  earned by investing rights  
revenue . 102 
 
 (5) Where a collective management organisation invests rights revenue or any income 
arising from the investment of rights revenue, it shall do so in the best interests of the right  
holder whose rights it represents, in accordance with the general investment and risk 
management policy with regard to rights revenue and to any income arising from the 
investm ent of rights revenue referred to in Article 230 paragraph ( 3) subparagraphs  5 and 7 of 
this Act and having regard to the following rules : 
- where there is any potential conflict of interest, the collective management 
organisation shall ensure that the inves tment is made in the sole interest of the right  
holder whose rights it represents ; 
- the assets shall be invested in order to ensure the security, quality, liquidity and 
profitability of the portfolio as a whole ; and  
- the assets shall be properly distributed and diversified in order to avoid excessive 
reliance on any particular asset and accumulations of risks in the portfolio as a whole . 
 
Distribution of Rights Revenue  
 
Article 243  
(1) The distribution of rights revenue to the right holders shall be generally carried out in 
accordance with the information on the use of the subject mat ter of protection. 
(2) A user shall submit to collective rights management association complete information 
concerning the place and time of the use of a particular s ubject mat ter of protection for the 
reason of distribution of rights revenue, within a time limit stipulated in a contract on use. If 
such contractual provision does not exist, a user shall submit such information to a collective 
rights management association within 15 days from the date of the use . 
(3) If distribution based on the information on the use is not possible, or if such 
distribution would obviously be uneconomical, the distribution may be carr ied out by the 
application of a method of sampling corresponding to the greatest extent to the actual use . 
 
General Policy on Distribution of Amounts  
Due to Right Holders  
 
Article 244  
(1) A collective management organisation shall regularly, diligently and accurately 
distribute and pay amounts due to right holders, in accordance with the general policy on 
distribution referred to in Article 230 paragraph (3) subparagraph 3 of this Act . 
(2) The general policy on distribution of amounts due to right h olders referr ed to in 
Article 230 paragraph (3) subparagraph 3 of this Act shall contain in particular provisions 
concerning : 
- subject mat ter of protection and right h olders which the general policy on distribution 
of amounts due to right holders applies to;  
- determination of a share of a particular right holder in collected rights revenue, which 
may stimulate the s ubject matter  of protection of a particular value for culture and 
national creativity;  
- determination of amounts to be paid after the deduction of cost incurred in managing 
of the right, the allocation for funds envisaged by this Act, the statute of the 
organisation or by international contracts on mutual representation of collective 
management organisations, and 
- terms of accounting and payment of distributed amounts due to right holders . 
(3) Contracts on distribution concluded between the right holders of the same work shall 
override the general policy on distribution of amounts due to right holders . 103 
 
 (4) A collective management organisation or its members who are entitie s representing 
right  holders shall pay due amounts to right  holders as soon as possible , but no later than nine 
months from the end of this financial year in which the rights revenue was collected, unless 
objective reasons relating in particular to reporti ng by users, identification of rights, right  
holders or matching of information on works and s ubject mat ter of related rights with right 
holders or other objective reasons prevent that deadline from being met.  
(5) Where the due amounts cannot be distributed wi thin the deadline set in paragraph (4) 
of this Article because the relevant right  holders cannot be identified or located, the exception 
to that deadline referred to in paragraph (4) of this Article shall not apply, and those amounts 
shall be kept separate in the accounts of the collective management organisation. 
(6) The collective management organisation shall take all necessary measures to identify 
and locate the right holders. At the latest three months upon expiry of the deadline set in 
paragraph (4) of th is Article, the collective management organisation shall make available  
information on works and s ubject mat ter of related rights for which one or more right holders 
have not been identified or located to:  
- the right holders that it represents or the entities representing right h olders, who are 
members of the collective management organisation; and  
- all collective management organisations with which it has concluded representation 
agreements . 
(7) The information referred to in paragraph (6) of this Article shall include, where 
available:  
- the title of the work or the s ubject mat ter of related rights;  
- the name of the right holder;  
- the name of the relevant publisher or producer; and 
- any other relevant  information available which could assist in identifying the right 
holder. 
(8) The collective management organisation shall also verify the records referred to in 
Article 228 paragraph ( 7) of this Act and other available records. If the abovementioned 
measures fail to produce results, the collective management organisation shall make the 
information on the failure of identifying and locating the right  holder available to the public at 
the latest one year upon expiry of th e three -month period. 
(9) Where the amounts due to right holders cannot be distributed after three years from the 
end of the financial year in which the collection of the rights revenue occurred, and provided 
that all necessary measures to identify and locate the right holder have been taken, those 
amounts shall be deemed non- distributable . 
(10) The general assembly of members of a collective management organisation shall 
decide on the use of the non- distributable amounts in accordance with the policy referred to in 
Article 230 paragraph (3) subparagraph 4 of this Act, without prejudice to the right of right 
holders to claim due amounts in accordance with the statute of limitations of three years . 
(11) General statement of account regarding distribution shall be established by a 
competent body of a collective management organisation, and audited and evaluated by an 
authorised auditor . 
(12) A collective management organisation shall deliver its general statement of account 
regarding distribution referred to in paragraph (11) of this Article to the Office within 15 days 
upon receipt of the audit report . 
 
 
 
 
 104 
 
 Management Fees and Other Deductions and  
Promotion of Creativity and Cultural Diversity  
 
Article 245  
(1) A collective management organisation shall provide the right holder with information 
on management fees and other deductions from the rights revenue and from any income 
arising from the investment of rights revenue, before obtaining his consent to its managing his 
rights . 
(2) Management fees shall not exceed the actual and justified costs incurred by managing 
the rights. Management fees shall be documented in compliance with the best accounting 
standards . 
(3) A collective management organisation may decide, in addition to management fees in 
total provided by paragraph (2) of thi s Article, to spend maximum 3% of the rights revenue in 
total on measures against piracy and counterfeiting and other measures intended to raise 
awareness of the value of copyright and related rights . 
(4) A collective management organisation shall provide for, in the powers of attorney for 
representation given by their members, and in international reciprocity agreements, 
allocations to the fund intended to enhance the respective artistic and cultural creativity of 
predominantly non -commercial nature and cultur al diversity in the respective artistic and 
cultural fields. The revenues of the fund shall not be used for other purposes. Allocations to 
the aforementioned fund cannot exceed 10% of the rights revenue in total, unless it is a matter 
of the rights revenue  collected from remunerations for reproduction for private use referred to 
in Articles 180 and 184 of this Act, in which case the allocations to the aforementioned fund 
cannot exceed 30% of the remunerations in total . 
(5) All deductions from the rights revenue  to the funds prescribed by this Act or the 
statute of a collective management organisation shall be reasonable in relation to the services 
provided by the collective management organisation to right  holders, including the services 
referred to in paragraph  (6) of this Article, and shall be established on the basis of objective 
criteria . 
(6) Where a collective management organisation provides social, cultural or educational 
services funded through deductions from rights revenue or from any income arising from th e 
investment of rights revenue, such services shall be provided on the basis of fair criteria, in 
particular as regards access to, and the extent of, those services . 
 
Distribution, Management Fees and Deductions under  
Representation Agreements  
 
Article 246  
(1) The collective management organisation shall regularly, diligently and accurately 
distribute and pay amounts due to other collective management organisations it represents 
under representation agreements . 
(2) A collective management organisation shall not mak e deductions, other than in respect 
of management fees, from the rights revenue derived from the rights it manages on the basis 
of a representation agreement, or from any income arising from the investment of that rights 
revenue, unless the other collective management organisation that is party to the 
representation agreement expressly consents to such deductions . 
(3) The collective management organisation shall carry out such distribution and 
payments to the other collective management organisation it represents under representation 
agreements as soon as possible but not later than nine months from the end of the financial 
year in which the rights revenue was collected, unless objective reasons relating in particular 105 
 
 to reporting by users, identification of rights, rightholders or matching of information on 
works and s ubject matter  of related rights with right holders or other objective reasons prevent 
the collective management organisation from meeting that deadline . 
(4) A collective management organisation or its members who are entities representing 
rightholders shall pay due amounts they received from another collective management 
organisation under representation agreement to rightholders as soon as possible but no later 
than six months from the end of this financial year in which the rights revenue was collected, 
unless objective reasons relating in particular to report ing by users, identification of rights, 
rightholders or matching of information on works and other s ubject matter  of related rights 
with right holders or other objective reasons prevent that deadline from being met . 
 
Chapter 6  
 
TRANSPARENCY AND REPORTING  
 
Information Provided to Right Holders on the  
Management of Their Rights  
 
Article 247  
(1) A collective management organisation shall make available once a year to right 
holders to whom it has attributed rights revenue or made payments in the period to which the 
information relates, the following information : 
- any contact details which the right holder has authorised the collective management 
organisat ion to use in order to identify and locate the right holder;  
- the rights revenue attributed to the right holder;  
- the amounts paid by the collective management organisation to the right holder per 
category of rights managed and per type of use;  
- the period du ring which the use took place for which amounts were due to be 
attributed and paid to the right holder, unless objective reasons relating to reporting by 
users prevent the collective management organisation from doing so;  
- deductions made in respect of mana gement fees;  
- deductions made for any purpose other than in respect of management fees, including 
those for the provision of any cultural, social and educational services;   
- any rights revenue attributed to the right holder which is outstanding for any period. 
(2) Where a collective management organisation has as members entities which are 
responsible for the distribution of rights revenue to right holders, the collective management 
organisation shall provide the information listed in paragraph (1) of this Articl e to those 
entities, if they do not have that information in their possession. In this case, these entities 
shall make this information available, not less than once a year, to right holders to whom they 
have attributed rights revenue or made payments in t he period to which the information 
relates . 
 
Information Provided to Other Collective Management Organisations on the  
Management of Rights under Representation Agreements  
 
Article 248  
A collective management organisation shall make the following information available, 
once a year and by electronic means, to collective management organisations on whose behalf 
it manages rights under a representation agreement, for the period to which the  information 
relates : 106 
 
 - the rights revenue attributed, the amounts paid by the collective management 
organisation per category of rights managed, and per type of use, for the rights it 
manages under the representation agreement, and any rights revenue attributed which 
is outstanding for any period;  
- deductions made in respect of management fees ; 
- deductions made for any purpose other than in respect of management fees , including 
those for the provision of any cultural, social or educational services;  
- information on any licences granted or refused with regard to s ubject mat ter of 
protection covered by the representation agreement , and 
- resolutions adopted by the general assembly of members of the collective management 
organisation in so far as those resolutions are relevant to the management of the rights 
under the representation agreement . 
 
Information Provided to Rightholders, 
Other Collective Management Organisations and Users on Request  
 
Article 249  
In response to a duly justified request by any rightholder, any other collective 
management organisation on whose behalf it manages rights under a representation agreement 
or any user, a collective management organisation shall make the following informati on 
available by electronic means and without undue delay : 
- the subject mat ter of protection it represents, the rights it manages, directly or under 
representation agreements, and the territories covered; or  
- where, due to the scope of activity of the collect ive management organisation, such 
subject mat ter of protection cannot be determined, the types of s ubject mat ter of 
protection it represents, the rights it manages and the territories covered . 
 
Disclosure of Information to the Public  
 
Article 250  
A collective management organisation shall make public on its website and 
continuously update the following information:  
- its statute;  
- its membership terms and the terms of termination of authorisation to manage rights, if 
these are not included in the statut e; 
- standard licensing contracts ; 
- standard applicable tariffs, including discounts ; 
- the list of the persons referred to in Article 232 of this Act ; 
- its general policy on distribution of amounts due to right holders ; 
- its general policy on management fees ; 
- its general policy on deductions, other than in respect of management fees, from rights 
revenue and from any income arising from the investment of rights revenue, including 
deductions for the purposes of social, cultural and educational services ; 
- a list of  the representation agreements it has entered into, and the names of the 
collective management organisations parties to these representation agreements ; 
- the general policy on the use of non- distributable amounts ; 
- the complaint handling and dispute resoluti on procedures available in accordance with 
Articles 262 to 264 of this Act . 
 107 
 
 Annual Transparency Report  
 
Article 251  
(1) A collective management organisation shall draw up and make public an annual 
transparency report on its website, including the special report referred to in paragraph (4) of 
this Article, for each financial year within eight months following the end of that financial 
year. The annual transparency report published on the website shall remain available to the 
public on that website for five  years . 
(2) The annual transparency report shall contain the following information:  
- financial statements comprising a balance- sheet or a statement of assets and liabilities, 
an income and expenditure account for the financial year and a cash- flow statement ; 
- a report on the activities in the financial year ; 
- information on refusals to grant a licence pursuant to Article 233 paragraph (2) of this 
Act; 
- a description of the legal and governance structure of the collective management 
organisation;  
- information on any entities directly or indirectly owned or controlled, wholly or in 
part, by the collective management organisation ; 
- information on the total amount of remuneration paid to the persons referred in Article 
231 paragraph (3) and Article 232 of this Act  in the financial year reported, and on 
other benefits granted to them ; 
- the financial information referred to in paragraph ( 3) of this Article; and  
- a special report on the use of any amounts deducted for the purposes of social, cultural 
and educational ser vices, containing the information referred to in paragraph (4) of this 
Article . 
(3) The following f inancial information shall be provided in the annual transparency 
report : 
1. financial information on rights revenue, per category of rights managed and per type 
of use, such as broadcasting, online, public performance, including information on the 
income arising from the investment of rights revenue and the use of such income, 
whether it is distributed to right holders or other collective management organisations, 
or otherwise used;  
2. financial information on the cost of rights management and other services provided by 
the collective management organisation to right holders, with a comprehensive 
description of the following items : 
a) all operating and financial costs, wi th a breakdown per category of rights 
managed and, where costs are indirect and cannot be attributed to one or more 
categories of rights, an explanation of the method used to allocate such indirect 
costs ; 
b) operating and financial costs, with a breakdown per  category of rights managed 
and, where costs are indirect and cannot be attributed to one or more categories 
of rights, an explanation of the method used to allocate such indirect costs and 
only with regard to the management of rights, including management  fees 
deducted from or offset against rights revenue or any income arising from the 
investment of rights revenue in accordance with Article 242 paragraph (3) and 
Article 245 paragraphs (1), (2) and (5) of this Act;  
c) operating and financial costs with regard  to services other than the 
management of rights, but including social, cultural and educational services ; 
d) resources used to cover costs  of rights management;  108 
 
 e) deductions made from rights revenues, with a breakdown per category of rights 
managed and per type of use and the purpose of the deduction, such as costs 
relating to the management of rights or to social, cultural or educational 
services ; and  
f) the percentages that the cost of the rights management and other services 
provided by the collective management organisation to right holders represents 
compared to the rights revenue in the relevant financial year, per category of 
rights managed, and, where costs are indirect and cannot be attributed to one or 
more categories of rights, an explanation of the m ethod used to allocate such 
indirect costs ; 
3. financial information on amounts due to right holders, with a comprehensive 
description of the following items : 
a) the total amount attributed to right holders, with a breakdown per category of 
rights managed and type of use ; 
b) the total amount paid to rightholders, with a breakdown per category of rights 
managed and type of use ; 
c) the frequency of payments, with a breakdown per category of rights managed 
and per type of use ; 
d) the total amount collected but not yet attr ibuted to right holders, with a 
breakdown per category of rights managed and type of use, and indicating the 
financial year in which those amounts were collected ; 
e) the total amount attributed to but not yet distributed to rightholders, with a 
breakdown per category of rights managed and type of use, and indicating the 
financial year in which those amounts were collected ; 
f) the reasons for the delay  where a collective management organisation has not 
carried out the distribution and payments within the deadline set in Article 244 
paragraph (4) of this Act;  
g) the total non- distributable amounts, along with an explanation of the use to 
which those amounts have been put ; 
4. financial information on relationships with other collective management organisations, 
with a description of the following items : 
a) amounts received from and paid to other collective management organisations, 
with a breakdown per category of rights, per type of use and per organisation;  
b) management fees and other deductions from the rights revenue due to other 
collective management organisations, with a breakdown per category of rights, 
per type of use and per organisation;  
c) management fees and other deductions from the amounts paid by other 
collective management organisations, with a breakdown per category  of rights, 
per type of use and per organisation; and  
d) amounts distributed directly to right holders originating from other collective 
management organisations, with a breakdown per category of rights and per 
organisation. 
(4) A special report of the collective management organisation shall provide the following 
information  on the use of the amounts deducted for the purposes of social, cultural and 
educational services : 
- the amounts deducted for the purposes of social, cultural and educational services in 
the financial year, with a breakdown per type of purpose and, for each type of purpose, 
with a breakdown per category of rights managed and per type of use ; 
- an explanation of the use of those amounts, with a breakdown per type of purpose 
including the costs of  managing amounts deducted to fund social, cultural and 109 
 
 educational services and of the separate amounts used for social, cultural and 
educational services ; and  
- the amounts as referred in Article 245 paragraph (3) of this Act . 
(5) The accounting information included in the annual transparency report shall be audited 
by one or more persons empowered by the Audit Act . The audit report, including any 
qualifications thereto, shall be reproduced in full in the annual transparency report . 
Accounting information to be  audited shall comprise the financial statements referred to in 
paragraph (2) point a) of this Article, financial information referred to in paragraph (2) 
subitem 1  of this Article, and financial information referred to in paragraphs  (3) and (4) of this 
Article. 
 
Chapter 7  
 
MULTI -TERRITORIAL LICENSING OF ONLINE RIGHTS  
IN COPYRIGHT MUSICAL WORKS  
 
Multi- Territorial Licensing in the Internal Market of the European Union  
 
Article 252  
(1) A collective management organisation with a residence or a place of establishment in 
the Republic of Croatia shall comply with the requirements of this Chapter of this Act when 
granting multi- territorial licences for online rights in copyright musical works  within the 
European Union (hereinafter: multi- territorial licences ). 
(2) Online rights in copyright musical works  are copyrights in musical works referred to 
in Articles 33 and 36 of this Act, including the right referred to in Article 46 of this Act, 
which need to be regulated when providing online services . 
 
Capacity to Pr ocess Multi -Territorial Licences  
 
Article 253  
(1) A collective management organisation which grants multi- territorial licences for 
online rights in copyright musical works shall have sufficient capacity to process 
electronically, in an efficient and transparent manner, data needed for the administration of 
such licences, including for the purposes of identifying the repertoire and monitoring its use, 
invoicing users, collecting rights revenue and distributing amounts due to rightholders . 
(2) For the purposes of paragraph (1) of this Article, a collective management organisation 
shall comply with the following conditions : 
- to have the ability to identify accurately the musical works, wholly or in part, which 
the collective management organisation is authoris ed to represent ; 
- to have the ability to identify accurately, wholly or in part, with respect to each 
relevant territory, the rights and their corresponding right holders ; 
- to make use of unique identifiers in order to identify rightholders and copyright 
musical works, taking into account, as far as possible, voluntary industry standards 
and practices developed at international or the European Union level;  
- to make use of adequate means in order to identify and resolve in a timely and 
effective manner inconsis tencies in data held by other collective management 
organisations granting multi -territorial licences for online rights in copyright musical 
works . 
 
 110 
 
 Transparen cy of Multi -Territorial Repertoire Information  
 
Article 254  
(1) A collective management organisation which grants multi- territorial licences for 
online rights in copyright musical works shall provide to online service providers, to 
rightholders whose rights it represents and to other collective management organisations, by 
electronic means, in response to a duly justified request, up- to-date information allowing the 
identification of the online music repertoire it represents. This shall include : 
- the copyright musical works represented ; 
- the rights represented wholly or in part;  
- the territories covered . 
(2) Where necessary , the collective management organisation may take reasonable 
measures  to protect the accuracy and integrity of the data, to control their reuse and to protect 
commercially sensitive information. 
 
Accuracy of Multi- Territorial Repertoire Information  
 
Article 255  
(1) A collective management organisation which grants multi- territorial licences for 
online rights in copyright musical works shall have in place arrangements to enable right 
holders, other collective management organisations and online service providers to request a 
correction of the data referred to in Article 253 paragraph (2) and Article 254 of this Act, 
where such data, on the basis of reasonable evidence submitted with a request, prove to be 
inaccurate. Where the claims are sufficiently substantiated, the collective management 
organisation shall ensure that such data are corrected without undue delay . 
(2) The collective management organisation shall provide right  holders whose copyright 
musical works are included in its own music repertoire and rightholders who have entrusted 
the management of their online rights in musical works to it in accordance with Article 260  of 
this Act with the means of submitting to it in  electronic form information concerning their 
copyright musical works, the share of  their rights in those works and the territories in respect 
of which the right  holders authorise that collective management  organisation. When doing so, 
the collective manag ement organisation and the right  holders shall take into account, as far as 
possible, voluntary industry standards or practices regarding the exchange of data developed 
at international or Union level, allowing right  holders to specify the musical work, wholly or 
in part, the online rights, wholly or in part, and the territories in respect of which they 
authorise a collective management organisation . 
(3) Where a collective management organisation mandates another collective management 
organisation to grant mult i-territorial licences for the online rights in copyright musical works 
under Articles 258 and 259 of this Act, the mandated collective management organisation 
shall also apply provisions under paragraph ( 2) of this Article with respect to the right holder s 
whose copyright musical works are included in the repertoire of the mandating collective 
management organisation, unless the collective management organisations agree otherwise . 
 
Accurate and Timely Reporting and Invoicing  
 
Article 256  
(1) A collective management organisation which grants multi- territorial licences for 
online rights in copyright musical works shall monitor the use of online rights in musical 
works it represents, wholly or in part, by online service providers to which it has g ranted a 
multi- territorial licence for such use.  111 
 
 (2) The collective management organisation shall offer online service providers the 
possibility of reporting by electronic means the actual use of online rights in copyright 
musical works and online service providers shall accurately report the actual use of those 
works. The collective management organisation shall offer the use of a least one method of 
reporting which takes into account voluntary industry standards or practices developed at 
international or Union level for the electronic exchange of such data. The collective 
management organisation may refuse to accept reporting by the online service provider in a 
proprietary format if the organisation allows for reporting using an industry standard for the 
elect ronic exchange of data.  
(3) The collective management organisation shall invoice the online service provider by 
electronic means. The collective management organisation shall offer the use of a least one 
method of reporting  which takes into account voluntary i ndustry standards or practices 
developed at international or Union level  for the electronic exchange of such data. The 
invoice shall identify the copyright works and rights which are licensed, wholly or in part, on 
the basis of the data referred to in the list of conditions under Article 253  paragraph (2) of this 
Act and the corresponding actual uses, to the extent that this is possible on the basis of the 
information provided by the online service provider and the format used to provide that 
information. The online service provider may not refuse to accept the invoice because of its 
format if the collective management organisation is using an industry standard . 
(4) The collective management organisation shall invoice the online service provider 
accurately and without delay after the actual use of the online rights in that copyright musical 
work is reported, except where this is not possible for reasons attributable t o the online 
service provider . 
(5) The collective management organisation shall have in place adequate arrangements 
enabling the online service provider to challenge the accuracy of the invoice, including when 
the online service provider receives invoices from  one or more collective management 
organisations for the same online rights in the same musical work.  
 
Accurate and Timely Payment to Right Holders  
 
Article 257  
(1) A collective management organisation which grants multi- territorial licences for 
online rights in copyright musical works shall distribute amounts due to right  holders accruing 
from such licences accurately and without delay after the actual use of the wor k is reported, 
except where this is not possible for reasons attributable to the online service provider . 
(2) Together with each payment it makes under paragraph ( 1) of this Article, the 
collective management organisation shall provide the following informatio n to the right  
holder : 
- the period during which the uses took place for which amounts are due to right  holders 
and the territories in which the uses took place ; 
- the amounts collected, deductions made and amounts distributed by the collective 
management orga nisation for each online right in any musical work which the right  
holder has authorised such collective management organisation, wholly or in part, to 
represent  
- the rights revenue collected for such rightholder, deductions made, and amounts 
distributed in  respect of each online service provider . 
(3) Where a collective management organisation mandates another collective management 
organisation to grant multi -territorial licences for the online rights in copyright musical works 
on its behalf and for its account under Articles 258 and 259 of this Act, mandated collective 
management organisation shall distribute the amounts referred to in paragraph ( 1) of this 112 
 
 Article accurately and within eight days , and shall provide the information referred to in 
paragraph  (2) o f this Article to the mandating collective management organisation. In this 
case, the mandating collective management organisation shall be responsible for the 
subsequent distribution of such amounts and the provision of such information to right  
holders, unless the collective management organisations agree otherwise.  
 
Agreements between Collective Management Organisations for  
Multi- Territorial Licensing  
 
Article 258  
(1) Agreements between collective management organisations whereby a collective 
management organisation mandates another collective management organisation to grant 
multi- territorial licences for the online rights in copyright musical works in its own music 
repertoire is of a non -exclusive nature. The mandated collective management organisation 
shall manage those online rights on a non- discriminatory basis . 
(2) The mandating collective management organisation as referred to in paragraph (1) of 
this Article shall inform its members of the main terms of the agreement, including its 
duration and the cos ts of the services provided by the mandated collective management 
organisation. 
(3) The mandated collective management organisation as referred to in paragraph (1) of 
this Article shall inform the mandating collective management organisation of the main terms 
according to which it grants licences for the  online rights in copyright musical  works in its 
own music repertoire , including the nature of the exploitation, all provisions which relate to or 
affect the licence fee, the duration of the licence, the accounting periods and the territories 
covered . 
 
Obligation to Represent Another  
Collec tive Management Organisation   
 
Article 259  
(1) Where a collective management organisation which does not grant or offer to grant 
multi- territorial licences for the online rights in copyright musical works in its own repertoire 
requests another collective management organisation to enter into a representation agreement 
to represent those rights, the requested collective management organisation is required to 
agree to such request if it is already granting or offering to grant multi- territorial licences for 
the same category of online rights in copyright musical works in the repertoire of one or more 
other collective management organisations . 
(2) The requested collective management organisation as re ferred to in paragraph (1) of 
this Article shall respond to the requesting collective management organisation in writing and 
without undue delay . 
(3) The requested collective management organisation as referred to in paragraph (1) of 
this Article shall manage the represented repertoire of the requesting collective management 
organisation on the same conditions as those which it applies to the management of its own 
repertoire and include the represented repertoire of the requesting collective management 
organisa tion in all offers it addresses to online service providers . 
(4) The management fee charged  by the requested collective management organisation as 
referred to in paragraph (1) of this Article for the represented repertoire shall not exceed the 
costs reasonably  incurred with providing that service . 
(5) The requesting collective management organisation as referred to in paragraph (1) of 
this Article shall make available to the requested collective management organisation all 113 
 
 information relating to its own repertoire required for the provision of multi -territorial 
licences for online rights in copyright musical works. Where information is insufficient or 
provided in a fo rm not appropriate  to meet the requirements for the provision of multi -
territorial licences for online rights in copyright musical works referred to in this Chapter  of 
this Act, the requested collective management organisation  as referred to in paragraph ( 1) of 
this Article  shall be entitled to charge for the costs reasonably incurred in meeting such 
requirements or to exclude those works for which information is insufficient or cannot be 
used. 
 
Access to Multi -Territorial Licenses  
 
Article 260  
Where a collective management organisation does not grant or offer to grant multi -
territorial licences for online rights in copyright musical works or does not authorise  another 
collective management organisation to represent its repertoire  for such purpos e by 31 
December 2017, right  holders who have authorised that collective management organisation 
to represent their online rights in copyright musical works can withdraw that authorisation in 
relation to the grant of multi- territorial licens es for online r ights and to leave the authorisation 
for representation of these rights in the territory of the Republic of Croatia (hereinafter: mono-
territorial licensing ), so as to grant multi- territorial licences for their online rights 
individually , through a special ised legal person or personally, or collectively, through another 
collective management organisation ,. 
 
Derogation for Online Rights in Copyright Music Works  in Relation to  
Radio and Television Programmes  
 
Article 261  
The requirements under this Chapter of this Act shall not apply to collective 
management organisations when they grant, on the basis of the voluntary aggregation of the 
required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a 
multi- territorial licence for the online rights in copyright musical works required by a 
broadcaster to communicate or make available to the public its radio or television 
programmes simultaneously with or after their initial broadcast as well as any online material, 
including previews, produced by or for the broadcaster which is ancillary to the initial 
broadcast of its radio or televi sion programme . 
 
 
Chapter 8  
 
ENFORCEMENT MEASURES  
 
Complaints  
 
Article 262  
(1) Collective management organisations shall lay down for their members, and for 
collective management organisations on whose behalf they manage rights under a 
representation agreement, effective and timely procedures for dealing with complaints, 
particularly in relation to authorisation to manage rights and termination or withdrawal of 
rights, membership terms, collection of amounts due to right holders, deductions and 
distrib utions . 114 
 
 (2) A collective management organisation shall respond in writing to complaints as 
referred to in paragraph (1) of this Article and in case of rejecting a complaint, it shall give 
reasons . 
 
Dispute Resolution between a  
Collective Management Organisation and Users  
 
 
Article 263  
Disputes between a collective management organisation and a user concerning their 
relationship, and in particular licensing conditions or a breach of contract, can be submitted to 
an arbitration court with expertise in intellectual property law in compliance with arbitration 
regulations or to a competent court in compliance with civil procedure . 
 
Alternative Dispute Resolution concerning Multi- Territorial Licenses for 
Online Rights in Copyright Musical Works  
 
Article 264  
(1) For the purposes of implementing the provisions under Chapter 7 of this part of this  
Act, the following disputes relating to a collective management organisation which grants 
multi- territorial licences for online rights in copyright musical works, with a residence or a 
place of establishment  in the Republic of Croatia, can be submitted by  the parties in dispute to 
an arbitration court in compliance with arbitration regulations : 
- disputes with an actual or potential online service provider regarding the application of 
Articles 233, 254, 255 and 256 of this Act;  
- disputes with one or more right holders regarding the application of Articles from 254 
to 260 of this Act;  
- disputes with another collective management organisations regarding the application 
of Articles from 254 to  259 of this Act . 
(2) The parties in dispute as referred to in paragraph (1) of this Article may request the 
Council of Experts for the opinion on the s ubject mat ter of disagreement. The provision of the 
opinion shall be appropriately subject to the provisions as referred to in Article 235 paragraph 
(6) of this Act . 
 
Protection of Personal Data 
 
Article 265  
The processing of personal data carried out within the framework of this part of this 
Act shall be subject to the application of the act providing for personal data protection. 
 
 
 
 
 
 
 
 
 
 
 115 
 
 Chapter 9  
 
SUPERVISION OF THE COLLECTIVE MANAGEMENT OF RIGHTS  
 
Activities of the Office with Regard to the  
Collective Management of Rights  
 
Article 266  
(1) The Office shall grant an authorisation referred to in Article 224 paragraph (1) of this 
Act to collective management organisations and an authorisation referred to in Article 225 
paragraph (2) of this Act to independent management entities . 
(2) The Office shall keep the records of the collective management organisations and 
independent management  entities that perform the activity of collective management of rights 
in the territory of the Republic of Croatia . 
(3) The Office conducts inspection of the work of collective management organisations 
and independent management entities in terms of performing  the activity of collective 
management of rights in the territory of the Republic of Croatia, in compliance with this Act. 
(4) Where the Office receives a justified request from any person having legal interest 
therein or it becomes aware ex officio of the fac t that a collective management organisation or 
an independent management entity with a residence or a place of establishment  in the 
Republic of Croatia collectively manages rights in the territory of the Republic of Croatia 
without the authorisation as referred to in Article 224 paragraph (1), or Article 225 paragraph 
(2) of this Act,  it shall  request this collective management organisation, or an independent 
management entity to provide information and documentation in order to establish the said 
facts. 
(5) Where the Office establishes, on the basis of the actions conducted as referred to in 
paragraph (4) of this Article, that a collective management organisation or an independent 
management entity performs the activity of collective management of rights  in the territory of 
the Republic of Croatia without the authorisation as referred to in Article 224 paragraph (1), 
or Article 225 paragraph (2) of this Act, it shall pass a decision on banning the operation of 
that collective management organisation or th at independent management entity in the 
territory of the Republic of Croatia and it shall initiate misdemeanour proceedings for the 
commission of the misdemeanour referred to in Article 299 paragraph (1) item 1 of this Act . 
(6) Where the Office receives a just ified request from any person having legal interest 
therein or it becomes aware ex officio of the fact that an independent management entity with 
a residence or a place of establishment  in another Member State of the European Union 
collectively manages rights in the territory of the Republic of Croatia without meeting the 
requirements as referred to in Article 225 paragraph (3) of this Act, it shall request this 
independent management entity to provide information and documentation in order to 
establish the se requirements and conduct other necessary actions, including the possibility to 
deliver all relevant information to the responsible authority of that Member State and attach 
the reque st to take appropriate actions and measures . 
(7) Where the Office establishes, on the basis of the actions conducted as referred to in 
paragraph ( 6) of this Article, that an independent management entity with a residence or a 
place of establishment  in another Member State of the European Union collectively manages 
rights in the territory of the Republic of Croatia without meeting the requirements as referred 
to in Article 225 paragraph (3) of this Act, it shall pass a decision on banning the operation of 
that independent management entity in the territory of the Republic of Croatia and it shall 
notify the responsible authority in the Member State of the European Union where this 
independent management entity has its  residence or place of establishment  and that 116 
 
 independent management entity and it shall initiate misdemeanour proceedings for the 
commission of the misdemeanour referred to in Article 299 paragraph (1) item 3 or item 4  of 
this Act. 
(8) The decision as referred to in paragraphs  (5) and (7) of this Article cannot be appealed, 
but it can be submitted to an administrative dispute resolution . 
(9) The Administrative Court in Zagreb has exclusive jurisdiction over administrative 
disputes under this Act . 
(10) The official  correspondence between the Office and  collective ma nagement 
organisations or  independent management entities collectively managing or intending to 
collectively manage copyright and related rights i n the territory of the Republic of Croatia 
shall be in Croatian and Latin transcription.  
(11) Decision s as referred  to in Article 224 paragraph (1) , Article 225 paragraph (2)  of this 
Act and paragraphs (5) and (7) of this Article shall be published in the Official Gazette of the 
Office and on the Office’s website . 
 
Inspection Authorisations  
 
Article 267  
(1) When conducting  the inspection referred to in Article 266 paragraph (3) of this Act , a 
civil servant  of the Office responsible for carrying out inspection procedure (hereinafter: the 
inspector) shall be authorised by a collective management organisation or an independent  
management entity to request  insight in the documents and business records regarding the 
activity of collective management of rights . The Office may also request the necessary 
documentation and statements in writing . 
(2) Inspection of the operation of collective management organisations  and independent 
management entities performing the activity of collective management of rights in the 
territory of the Republic of Croatia according to the authorisation referred to in Article 224 
paragraph (1) or Articl e 225 paragraph (2) of this Act  can be:  
1. regular inspection, conducted periodically, as a rule once a year;  
2. special inspection , conducted if the Office upon  a petition or a notification or  in any 
other way becomes aware of potential irregularities in the operation of a collective 
management organisation or an independent management entity .  
(3) If during the inspection the inspector finds that a collective management organisation 
or an independent management  entity with a residence or a place of establishment  in the 
Republic of Croatia performs the activity of collective management of  rights contrary to the 
issued decision referred to in Article 224 paragraph (1) or Article 225 paragraph (2) of this 
Act or co ntrary to the provisions of this Act, he shall order by a decision such deficiencies and 
irregularities to be eliminated within a certain time limit.  
(4) If the deficiencies and irregularities are not eliminated within the prescribed time limit 
as referred to  in paragraph (3) of this Article and if a collective management organisation or 
an independent management entity with a residence or a place of establishment  in the 
Republic of Croatia still does not meet the prescribed requirements for performing the activity 
of collective management of  rights or if it seriously and repeatedly violates the provisions of 
this Act, the inspector shall pass a decision on revoking the authorisation referred to in Article 
224 paragraph (1) or Article 225 paragraph (2) of th is Act . In this case, the Office shall 
initiate misdemeanour proceedings for the commission of the misdemeanour referred to in 
Article 299 paragraph (1) item 2 of this Act . 
(5) The Office shall be authorised to carry out special inspection referred to in parag raph 
(2) item 2 of this Article over an independent management entity having its residence or place 
of establishment  in another Member State of the European Union and which, in accordance 117 
 
 with Article 225, paragraph ( 3) of this Act, has notified  the Office  on its intention to 
collectively manage  rights in the territory of the Republic of Croatia.  If the inspector in 
carrying out such special inspection  finds that the independent management entity performs 
collective management of rights  contrary to the provisions of this Act, he shall order by a 
decision the elimination of identified deficiencies and irregularities within a specified time 
limit and deliver the decision to that independent management entity  through a responsible  
authority  in the Member State of the European Union in which that independent management 
entity has its residence or place of establishment . 
(6) If the deficiencies and irregularities are not eliminated within the specified time limit 
as referred to in paragraph (5) of  this Article, the inspector shall pass a decision on banning 
the operation of that independent management entity in the territory of the Republic of 
Croatia and it shall deliver the decision to that independent management entity through the 
responsible authority in the Member State of the European Union where this independent 
management entity has its residence or place of establishment . In this case, the Office shall 
initiate misdemeanour proceedings for the commission of the misdemeanour referred to in 
Article 299 paragraph (1) item 5 of this Act . 
(7) The decision as referred to in paragraphs ( 4) and ( 6) of this Article cannot be appealed, 
but it can be submitted to an administrative dispute resolution . 
(8) Decisions as referred to in paragraph s (4) and ( 6) of this Article shall be published in 
the Official Gazette of the Office and on the Office’s website.  
(9) Where a collective management organisat ion is registered as an association, the 
inspector shall inform the administration office of the county or the City of Zagreb keeping 
the registration records of associations about the measures as referred to in paragraphs (3) and 
(4) of this Article under taken against it. 
(10) The inspector has the right to participate in the general assembly of a collective 
management organisation,  with no voting right. The collective management organisation shall 
timely notify the Office about the place and time of the general assembly to be held . 
 
Activities in Relation to the Council of Experts  
 
Article 268  
The Office shall perform professional, technical  and administrative activities related to 
the establishment and operation of the Council of Experts . 
 
Activities in Relation to the Use of Out -of-Commerce Works and 
Subject mat ter of Related Rights  
 
 
Article 269  
The Office shall be  authorised ex officio  or at the request of an interested party to 
implement additional appropriate information measures on out -of-commerce copyright works 
and subject mat ter of related rights, in order to promote the limitations referred to in Article 
192 of this Act and collective management of rights in relation to those works in accordance 
with the provisions of this Act, as well as to conduct dialogues with right holders, cultural 
heritage institutions and collective management organisations for that purpose. 
 
 
 
 
 118 
 
 Obligations of Providing Official Information to the 
European Commission  
 
Article 270  
(1) The Office shall  inform the European Commission about the presumption of 
representation pursuant to Article 224, paragraph (6) of this Act, the scope of that 
presumption, purposes and types of authorisations that may be issued by collective 
management organisations, conta ct details of collective management organisations, ways in 
which  information on granting approval for the use of the repertoire of collective management 
organisations can be obtained and on the possibilities of right holders to explicitly inform the 
collective management organisation in writing not to manage  their rights, in accordance with 
Article 224, paragraph (6) of this Act . 
(2) The Office shall  inform the European Commission about the possibility of the Council 
of Experts to mediate with regard to concluding a contract  for the purpose of making 
audiovisual works available  to the public within the services of video -on-demand referred to 
in Article 239 paragraph (1) subparagraph 2 of this Act and about contact information of the 
Council of Experts.  
(3) The Office shall  inform the European Commission about any proposal of the 
Government of the Republic of Croatia about prescribing new related rights, including the 
main reasons for their introduction and the anticipated duration of protection. 
 
Cooperation  with Competent Authorities in Other  
Member States of the European Union  
 
Article 271  
(1) The Office shall  provide a reply to the request for delivery of information on the 
activities of collective management organisations with a residence or place of establishment  
in the Republic of Croatia, received from the authorities of a Member State of the European 
Union designated by a corresponding regulation of that State to supervise the operation of 
collective management organisations. The Office shall not r eply to insufficiently justified 
requests . 
(2) Where the Office considers that a collective management organisation or an 
independent management entity with a residence or place of establishment  in another Member 
State of the European Union, performing the act ivities of collective management of rights in 
the Republic of Croatia, may not be complying with the regulations of that Member State 
governing collective management of rights, it may transmit all relevant information to the 
competent authority of the Member State designated by a corresponding regulation of that 
State to supervise the operation of collective management organisations. Where appropriate, 
the Office may accompany the information by a request to that authority to take appropriate 
measures withi n its competence.  
(3) Where the Office received the request referred to in paragraph (2) of this Article from 
the authority designated by a corresponding regulation of a Member State of the European 
Union to supervise the operation of collective management org anisations, it shall provide a 
reply within three months upon receipt of the request . 
(4) The request as referred to in paragraph (2) of this Article may also be referred by the 
Office to the expert group composed of representatives of the competent authoritie s of the 
Member States of the European Union, chaired by a representative of the European 
Commission . 
(5) The Office shall provide a reply within an appropriate time limit to all the requests of 
the European Commission and cooperate with the European Commission for the development 119 
 
 of multi- territorial licensing of online rights in copyright musical works and f ostering a 
regular exchange of all the relevant information between the European Commission and the 
Office, providing the European Commission with reports on the situation and development of 
issuing multi- territorial licenses in the Republic of Croatia by 10 October 2017, regular 
reporting on changes to the list of the collective management organisations with a residence 
or place of establishment  in the Republic of Croatia and for the needs of the tasks to be 
performed by the expert group as referred to in paragraph 4 of this Article . 
 
Effective application  of the Provisions on Independent Management Entities  
 
Article 272  
The provisions referred to in Article 235 paragraph (1), Article 244, paragraphs (1), 
(4), (11) and (12), Article 245 paragraph (1) Article 246 paragraphs (1), (3) and (4), Articles 
from 247 to 249, Article 250 subparagraphs 1, 2, 3, 4, 6, 7, and 8, Articles 251, 265 and 271 
of this Act shall apply accordingly to independent management entities . 
 
 
PART SIX  
 
PROTECTION OF RIGHTS IN THE CASE OF INFRINGEMENT  
 
Right to Protection  
 
Article 273  
(1) The holder of a copyright or related right under this Act, which has been unlawfully 
infringed, shall be entitled to protection of such right . 
(2) Unless otherwise provided by this Act, the right to protection referred to in paragraph 
(1) of this Article shall entitle its holder to claim from the person who has infringed his right 
or from his general successor to desist from acts infringing such right, and further omission of 
such and the like acts ( hereinafter: cease of disturbance), remedy of damages ( hereinafter: 
compensation for damages), payment of compensation for unauthorised use, payment of 
penalty provided by law, return or compensation of al l the benefits acquired unjustly by 
infringements of rights ( hereinafter: return of unjustly acquired benefits), establishment of the 
committed infringement and the publication of the valid judgment by which the court has 
even partially complied with the c laim for the protection of the right under this Act . 
(3) In addition to the original right holder under this Act, entitled to adequate protection 
shall also be the persons who have acquired a right derived from a copyright or related right  
on the basis of a legal transaction, and in compliance with the contents and nature of such 
derived right . 
(4) The right to protection shall pass on to heirs . 
(5) Where there are several holders of the same right under this Act, each of them is 
entitled to the pr otection of his right against other holders . 
(6) The p rovisions laid down in this Article shall also apply  mutatis mutandis  where there 
is a likelihood of infringement of the  rights  under this Act . 
(7) Creations resulting from the infringement of rights under this  Act shall not enjoy 
protection provided by this Act . 
 
 
 
 120 
 
 Solidar ity 
 
Article 274  
(1) Where a right under this Act has been infringed, each of the right holders of the same 
right may claim protection of the infringed right against third persons as if he is the only right 
holder, unless otherwise provided by this Act . 
(2) Each of the right holders of the same right under this Act may claim the furnishing of 
a complete file infringing the right under this Act from a third person only according to 
obligatory rules on undivided obligations . 
(3) When the infringer under this Act meets the demands of one of the right holders of the 
same right, his liability towards the other right holders of the same right also terminates . 
(4) In case of a pending court proceeding, the right holde rs of the same right under this 
Act shall be considered to be a single party in such proceeding . 
(5) If several persons have jointly infringed any of the rights under this Act, their liability 
shall be joint and several . 
 
Protection of Rights Managed by a Collective Management Organisation and  
Evidence of the Infringement Thereof  
 
 
Article 275  
(1) Collective  management  organisations  shall be entitled to initiate and carry out in their 
own name court and administrative proceedings  for the protection of such rights under this 
Act which they have been granted authorisation to  manage collectively . 
(2) Where the collective management organisation proves an infringement of the rights 
which it is authorised under this Act to manage collectively, the infringement of the  rights of 
individual right holders  managed collectively shall not be necessarily established . 
 
Protection of Technical Measures  
 
Article 276  
(1) The circumvention of effective technical measures designed to protect the right 
provided by this Act shall represent the infringement of such right, unless otherwise provided 
by this Act.  
(2) The c ircumvention of  technical measures shall mean manufacture, import, distribution, 
sale, rental, advertisement for sale or rental, or possession  for commercial  purposes  of 
technology, computer programs, devices, products or components, or the provision of 
services : 
- which are promoted, advertised or marketed for the purpose of circumvention of 
technical measures  or which have  a significant commercial purpose or use limited  to 
circumvent technical measures ; 
- which are primarily  designed, produced, adapted or performed for the purpose of 
enabling or facilitating the circumvention of effective technical measures . 
(3) A request for protection of technical measures or a request for prot ection of copyright 
and related rights due to circumvention of technical measures may be filed against a person 
who knew or had reasonable grounds to know that  he was circumventing or enabling the 
circumvention of technical measures. It shall be considered that the person who acts in the 
manner described in paragraph (2) of this Article has reasonable grounds to know that he is 
circumventing or enabling the circumvention of technical measures . 121 
 
 (4) Technical measures shall mean any technology, computer programme, device, product 
or component  thereof  that in the normal course  of its operation  is designed  to prevent or 
restrict acts, which are not authorised by the right  holder . 
(5) The technical measures shall be considered effective where the use of copyright  works  
or subject mat ter of related  rights  is restricted  by the right holders  through  the application of 
an access control or a protection process, such as encryption, scrambling or other alteration or 
a copy control mechanism, which achieves the protection objective . 
(6) The provisions of this Article shall not apply to computer programmes . 
 
Protection of Rights -Management Information  
 
Article 277  
(1) The rights under this Act shall be also infringed by a person who without 
authorisation: removes or alters any electronic right- management information, produces, 
distributes, imports for the purpose of putting them on the market, broadcasts,  communicates  
to the public or makes available to the public copyright works or s ubject matter  of related 
rights from which the electronic right - management information has been removed or  altered  
without  the authorisation of  a right holder, if he knows or has reasonable grounds to know that 
he thus causes, enables, facilities or conceals the infri ngements of the rights under this Act . 
(2) Right -management information shall mean any information provided by the  right  
holder  identifying  a subject mat ter of protection, the right holder, the terms and conditions for 
use of the s ubject mat ter of protection, and their relevant numbers and codes representing 
such information, where they are indicated on a copy of a copyright work or s ubject mat ter of 
related rights or when they appear in connection with their communication to the public . 
 
Special Measures for the Protection of Computer Programmes  
 
Article 278  
(1) Infringements of a copyright in a computer programme shall constitute : 
- any act of distribution of a copy of a computer program me, knowing, or having reason 
to believe, that it is an infringing copy  of a computer programme under this Act ; 
- the possession, for commercial purposes, of a copy of a computer program me, 
knowing, or heaving reason to believe, that it is an infringing copy  of a computer 
programme under this Act ; 
- any act of distribution, or the possession for commercial purposes, of any means the 
sole intended purpose of which is to facilitate the unauthorised removal or 
circumvention of  a technical  device serving  as protection  of a computer program me; 
- other infringing acts . 
(2) The holder of right  in a computer programme may demand protection of a computer 
programme in accordance with the provisions of this Chapter of this Act . 
(3) The provisions of this Article  shall be without prejudice to the application of the Act 
governing the protection of inventions by patents, the Act governing the protection of 
trademarks , the  Act governing unfair competition , the Act governing the protection of 
undisclosed commercially sensitive  information, the Act governing the protection semi -
conduct or products  and the Act governing civil obligations . 
 
 
 
 
 122 
 
 Claim for Cessation of Infringement  
 
Article 279  
(1) A right holder under this Act whose right has been infringed may claim the cessation 
and the prohibition of such or similar  future infringements . 
(2) To exercise his right referred  to in  paragraph (1) of this Article, it shall be sufficient 
that the right holder invokes it, and proves that the defendant disturbs him. If the defendant 
claims that he has the right to undertake the actions  that disturb the ri ght holder, he shall 
prove it . 
 
Claim for Compensation of Damages  
 
Article 280  
If the infringement of the right under this Act resulted with damages, the right holder 
is entitled to claim compensation for damages, in accordance with the general rules on 
compensation for damages . 
 
Claim for Compensation for Unauthorised Use  
 
Article 281  
(1) If the unauthorised use of a copyright work  or a subject mat ter of related right has 
infringed the right of a right holder under this Act, the right holder or a collective 
management organisation  managing respective  rights  may claim  price which is usually 
obtained for such use or price prescribed by the tariffs referr ed to in Article 235 paragraph (2) 
of this Act . 
(2) The right which is managed collectively shall be considered infringed by unauthorised 
use where the copyright work or the s ubject mat ter of related right are used without a contract 
or without the authorisati on of a collective management  organisation or  where a contract or an 
authorisation are not valid. 
 
Claim for Benefits Acquired by Unauthorised Use  
 
Article 282  
If the unlawful use of any rights under this Act resulted in a benefit, the right holder 
shall be entitled to claim the return or compensation of all  benefit s thus acquired, in 
accordance with the general rules on unjustified acquisition.  
 
Claim for Publication of Court Decision  
 
Article 283  
(1) A right holder  whose right under this Act has been infringed, shall  be entitled  to claim  
that a valid court decision, complying even partially with the claim for the protection of such 
right, be published in public  media at the  infringer's  expense. 
(2) The court  shall,  at the plaintiff's  proposal, decide  in what  public  medium  the decision  
shall  be published and whether the decision would be published entirely or partially . 
(3) If the court decides that only a part of its decision shall be published, it shall be at least 
a sentence, and the part of the decision indicating the kind of the infringement and the 
infringer of the respective right . 
 
 123 
 
 Claim for Destruction, Alteration or Delivery of Copies Resulting from 
Infringement and Objects by Means of Which Infringement Is Committed  
 
Article 284  
(1) The holder whose exclusive right under this Act has been infringed is entitled to claim 
the destruction or alteration of all the unlawfully made copies or such copies put on the 
market or intended to be put on the market . 
(2) Instead of the measure referred to in paragraph (1) of this Article, the right holder 
whose right  has been infringed is  entitled to  claim that the infringer who is in possession of 
the copies referred to in paragraph (1) of this Article or is their owner, deliver suc h copies 
against compensation which shall not exceed the costs of the manufacture thereof . 
(3) The provisions of paragraphs (1) and (2) of this Article shall apply to architectural 
works only where there is a specially justified reason  for the  destruction  or delivery thereof . 
(4) If the measures referred to in paragraphs (1),  (2) and (3) of this Article  are in a certain 
case disproportional with the nature and intensity of the infringement, and the infringement 
may be repaired otherwise, the court may, within limits of the claim, order other necessary 
measures for such case. In such case, the right holder is ent itled at least to remuneration in the 
amount not lesser than he would obtain for the authorised use of the respective right . 
(5) The measures referred to in paragraphs (1) and (2) of this Article shall not apply to 
separable parts of copies, the manufacture an d putting on the market of which are not 
unlawful . 
(6) The provisions of this Article shall apply mutatis mutandis  also to the objects, which 
are used in or intended for the manufacture of copies infringing the  rights under this Act or 
which are exclusively or  predominantly intended for that purpose . 
(7) The provisions of this Article shall not apply if destruction of the objects referred to in 
paragraph (6) of this Article would cause greater damage than the damage caused by the 
infringement of the rights under this Act, unless it concerns the objects which are exclusively 
or predominantly intended for the infringement of the rights . 
(8) The claims referred to in this Article in respect of third fair persons shall be subject to 
statute of limitations within three years  following the date on which the right holder learned 
about the unlawful manufacture of the objects, or their putting on the market, or that they are 
intended for putting on the market, and not later than within five years as from the unlawful 
manufacture or putting on the market thereof . 
 
Claim in the Case of Infringement of the Right Comprising the  
Indication of the Author and Performer  
 
Article 285  
(1) In addition to other claims envisaged by this Act, the author and the performer, whose 
name, pseudonym of other artist's mark, is not indicated with the use of his copyright work or 
his performance, or is indicated incorrectly or insufficiently, may claim from persons using 
the work or performance, to indicate them subsequently and correctly as the author or t he 
performer.  
(2) The provisions of paragraph (1) of this Article shall apply mutatis mutandis  where, 
contrary to the prohibition, the author or the performer is indicated with the use of the work or 
with the use of the performance . 
(3) The author or the performer  shall not be entitled to claims referred to in this Article if 
the work or the performance is used with their authorisation, and if that use is such that it 
prevents the indication of the author or the performer . 
 124 
 
 Penal ty 
 
Article 286  
(1) The person whose  right  under this Act have been infringed intentionally or by gross 
negligence, is entitled to claim payment of up to a double amount of remuneration 
(hereinafter: penalty) which is contractually agreed upon or if not contractually agreed upon, 
of the corr esponding regular remuneration for such use from the person who infringed his 
right . 
(2) In the case referred to in paragraph (1) of this Article it may not be proven that the 
damage did not occur . 
(3) In case that the actual damage exceeds the amount of penalty referred to in paragraph 
(1) of this Article, the right holder has a right to claim the difference to full actual damages . 
 
Statute of Limitations  
 
Article 287  
(1) The right to protection of rights under this Act shall not be subject to the statute of 
limitations, unless otherwise provided by this Act . 
(2) The claims under this Act, which are by their nature obligatory, and for which special 
time limit as to statute of limitations is not provided, shall be subject to statute of limitations 
according to the general rules to that effect . 
 
Provisional Measures due to the Infringement of Rights  
 
Article 288  
(1) Upon the request of the right holder who makes it likely that his right under this Act 
has been infringed or threatened to be infringed, the court may order any provisional measure 
comprising the termination or prevention of the infringement, such as : 
- order the opposing party to cease or desist from, respectively, the acts infringing the 
right conferred; the court may also issue such order against an intermediary whose 
services are being used by a third party to infringe the right ;  
- order the seizure or removal from the market of the goods unlawfully infringing the 
right conferred . 
(2) Upon the request of the right holder who makes it likely that his right under this Act 
has been infringed on a commercial scale for the purpose of acquiring commercial or 
economic benefit, and that such infringement has threatened to cause him irreparable damage, 
the court may, in addition to the provisional measures referred to in paragraph (1) of this 
Article, order the seizure of the movable and immovable property of the opposing party, not 
directly related to the infringement, including the blocking of his bank accounts and other 
assets . 
(3) For the purpose of ordering and enforcing the provisional measure referred to in 
paragraph (2) of this  Article,  the court  may require  from  the opposing party or other relevant 
persons disposing with it, the communication of the banking, financial and other economic 
information, or the access to other relevant information and documents. The court shall ensure 
the protection of confidentiality of such information, and prohibit any misuse thereof . 
(4) The provisional measure referred to in paragraph ( 1) of this Article may be ordered  
without informing the opposing party thereof if the applicant for measures makes it likely that 
otherwise the provisional measure would not be effective, or that irreparable damage is 
threatened to occur.  125 
 
 (5) The provisional measure referred to in paragraph  (2) of this Article  may be ordered 
without informing the opposing party thereof if the applicant for measures makes it likely that 
otherwise the provisional measure would not be effective, or that, taking into consideration a 
very serious circumstances of the infringement, this would be necessary .  
(6) If a provisional measure is ordered without informing the opposing party thereof, the 
court shall communicate a decision on the provisional measure to the opposing pa rty, 
promptly upon its enforcement . 
(7) In the decision ordering a provisional measure , the court shall specify the duration of 
such measure, and, if the measure has been ordered before the institution of a legal action, the 
period, within which the applicant for measures shall institute a legal action to justify the 
measure, which shall not  be less than 20 working days and not more than 31 calendar days, 
from the communication of the decision to the applicant for measures, whichever expires 
later. 
(8) The provisions of the Execution Act shall apply to matters, not regulated by this 
Article . 
(9) The provisions of this Article shall be without prejudice to the possibility to order 
provisional measures pursuant to other provisions of this Act, and the provisions of the 
Execution Act and insurance . 
 
Provisional Measures Comprising the Preservation of Evi dence  
 
Article 289  
(1) Upon the request of the right holder who makes it likely that his right under this Act 
has been infringed or threatened to be infringed, the court may order a provisional measure 
comprising the preservation of evidence . 
(2) By the provisional measure referred to in paragraph (1) of this Article, the court may 
order : 
- preparation of a detailed description of the goods made likely to infringe a right, with 
or without taking of samples;  
- seizure of the goods made likely to infringe a rig ht; 
- seizure of the materials and implements used in the production and distribution of the 
goods made likely to infringe a right and the documentation relating thereto;  
- other measures comprising the preservation of evidence . 
(3) The provisional measure referred to in this Article may be ordered even without 
informing the opposing party thereof, if the applicant for measures makes it likely that there is 
a risk of evidence being destroyed or irreparable damage of incurring . 
(4) If a provisional measure is ordered wi thout informing the opposing party thereof, the 
court shall communicate a decision on the provisional measure to the opposing party, 
promptly upon its enforcement . 
(5) In the decision ordering a provisional measure, the court shall specify the duration of 
the measure, and, if the measure has been ordered before the institution of a legal action, the 
period, within which the applicant for measures shall institute a legal action to justify the 
measure, which shall not be less than 20 working days and not more tha n 31 calendar days, 
from the date of communication of the decision to the applicant for measures, whichever 
expires later . 
(6) The provisions of the Execution Act shall apply to the provisional measures referred to 
in this Article , including the provisions of the Act governing the protection of confidential 
information in the insurance procedure . 126 
 
 (7) The provisions of this Article shall be without prejudice to the possibility of the court 
to order provisional measures comprising the pres ervation of evidence pursuant to the 
provisions of the Act on Civil Proceedings . 
 
Taking of Evidence in the Course of the Civil Proceedings  
 
Article 290  
(1) Where a party to the civil proceedings for the protection of rights under this Act 
invokes evidence claiming that it lies with the opposing  party or under its control, the court 
shall invite the opposing party to present such evidence within a specified time limit . 
(2) Where the right holder as a plaintiff  in a legal  action  claims  that the infringement of 
the right conferred under this Act has been committed on a commercial scale for the purpose 
of acquiring commercial or economic benefit, and has made it likely during the proceedings, 
and where he invokes in the proceedings, banking, financi al or similar economic documents, 
papers or similar  evidence, claiming that they lie with the opposing party or under its control, 
the court shall invite the opposing party to present such evidence within a specified time limit . 
(3) Where the party, which is i nvited to present evidence, denies that the evidence lies 
with it or under its control, the court may take evidence to establish such fact . 
(4) The provisions of the Act on Civil Proceedings relating to the right of refusal to 
present evidence as a witness and  the Act governing civil obligations  with regard to the 
protection of confidential information shall apply mutatis mutandis  to the right of the party to 
refuse to present evidence. 
(5) The court shall, taking into consideration all the circumstances of the case, decide at 
its own discretion, on the importance of the fact that the party having the evidence refuses to 
comply with the court’s decision ordering it to present evidence, or denies, contrary to the 
court’s opinion, that the evidence lies with it . 
(6) The decision of the court referred to in paragraphs (1) and (2) cannot be appealed.  
 
Expeditious Proceedings and Application of the Provisions of Other Acts  
 
Article 291  
(1) A procedure concerning the infringement of the rights conferred under this Act shall 
be expeditious . 
(2) The provisions of the Act on Civil Proceedings, and the Execution Act, respectively, 
shall apply to the procedures concerning the infringement of the rights conferred under this 
Act. 
 
Customs Measures  
 
Article 292  
On a request of the right holder who makes it likely that the import, export, or crossing 
of the border line of certain goods would infringe the rights under this Act, the customs 
authorities shall take appropriate measures in accordance with special customs regulations 
regarding t he procedure in respect of goods infringing the intellectual property rights . 
 
 
 
 
 
 127 
 
 Claim for Provision of Information  
 
Article 293  
(1) The right holder who has instituted civil proceedings for the protection of the rights 
under this Act may claim the provision of information on the origin and distribution channels 
of the goods or services infringing his right . 
(2) The claim referred to in Article 1 may be made in the form of a legal action or a 
provisional measure against : 
- a person who has been sued in the civil proceedings referred to in paragraph (1) of this 
Article; 
- a person who is, within  his economic activities, in possession of the goods suspected 
of infringing the right ; 
- a person who provides, within his economic activities, services suspected of infringing  
the right;  
- persons who provide, within their economic activities, services used in the activities 
suspected of infringing the right;  
- a person  who is indicated  by any of the mentioned persons as being involved in the 
manufacture or distribution of the goods or the provision of the services suspected of 
infringing the right . 
(3) The claim referred to in paragraph (1) of this Article may also be included in a gradual 
legal action as the first claim, provided that a person acting as a counter party to the defe ndant 
is also included in the main claim. 
(4) The claim for information on the origin of the goods and distribution channels of the 
goods and services referred to in paragraph (1) of this Article shall include : 
- information on the names and addresses of the producers, distributors, suppliers  and 
other previous holders of the goods and providers of the services, respectively, as well 
as the intended wholesalers and retailers;  
- information on the quantities produced, delivered, received or ordered, as well as the 
price obtained for the goods or services concerned;  
- other information.  
(5) The person required to provide the information referred to in this Article may refuse to 
provide such information on the same grounds as those allowing the refusal to present 
evidence as a witness pursuant to the provisions of the Act on Civil Proceedings. If the person 
concerned refuses to provide information without justified reasons, he shall be responsible for 
the damage incurred to the right holder . 
(6) The provisions of this Article shall be without prejudice to the provisions on the 
manner of use of confidential information in civil and criminal proceedings, the provisions 
regulating the responsibility for misuse of the right to acquire information, and the provisions 
regulating the processing and protection of personal data and confidentiality of data source .  
(7) The provisions of this Article shall be without prejudice  to the provisions  of 289 and 
290 of this Act .  
 
 
 
 
 
 
 
 
 128 
 
 PART SEVEN  
 
SUPERVISION OF LAW ENFORCEMENT AND MISDEMEANOURS  
 
Supervision of the Enforcement of this Act  
 
Article 294  
Inspection supervision of the enforcement of this Act  shall be carried out by inspectors 
and other authorised civil servants in accordance with special regulations governing the 
competencies for performing inspection activities in the field of intellectual property rights . 
 
Administrative Supervision  
 
Article 295  
Administrative supervision of the enforcement of this Act and the regulations adopted 
on the basis thereof shall be carried out by the M inistry responsible for the field of copyright 
and related rights .  
 
Infringement of Copyright and Related Rights  
 
Article 296  
(1) Any legal entity shall be punished for a misdemeanour by  a fine amounting from HRK 
5,000.00 up to 50,000.00, if it : 
1. without the authorisation of the author discloses for the first time a copyright work  
(Article  27 paragraph ( 1)); 
2. without the authorisation of the author prior to disclosure reveals to the public the 
content or description of the copyright work ( Article  27 paragraph  (2)); 
3. uses the work publicly without indication of the authorship, unless the author has 
declared in a written form that he does not want to be indicated, or if certain use is 
such that prevents the indication of the authorship (Article  28 pa ragraph ( 2)); 
4. without the authorisation of the author distorts, mutilates or otherwise modifies a 
copyright work distorts, mutilates or otherwise modifies a copyright work  in its non-
material form ( Article  29 paragraph ( 1)); 
5. uses the work publicly in a manner that is jeopardising or would jeopardise the 
author's honour or reputation ( Article  30); 
6. without the authorisation of the author or other copyright holder, or a collective 
management organisation reproduces a  copyright work  for further distribution (Article  
32 subparagraphs  1 and  2, Article  33 paragraph (1) and Article  34 paragraph ( 1)); 
7. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or a producer of photocopying devices or an importer of empty 
sound, image or text carriers or an importer of audio of visual recording devices or an 
importer of photocopying devices , fails to pay an equitable remuneration for 
reproduction of a copyright work where it may be reproduced without the 
authorisation of the author for private use  (Article  183 paragraph (2) and Article  184 
paragraph ( 1)); 
8. as a provider of photocopying services with payment, fails to pay an equitable 
remuneration for reproduction of a copyright work where it may be reproduced 
without the authorisation of the author by photocopying for private use  (Article  183 
paragraph ( 3)); 129 
 
 9. without the authorisation of the author or other copyright holder, or a collective 
management organisation distributes , except by renting, a copyright work  (Article  32 
subparagraph 2 and  Article  34 paragraph ( 1)); 
10. without the authorisation of the author or other copyright holder, or a collective 
management organisation rents a copyright work ( Article  32 subparagraph 2 and 
Article  34 paragraphs  (1) and (2)); 
11. fails to pay an equitable remuneration to a collective management organisation for 
renting a copyright work which the author cannot waive, where he transferred his right 
of renting to a phonogram producer or an audiovisual producer  (Article  34 paragraphs  
(1), (2) and (6)); 
12. without the authorisation of the author or other copyright holder, or a collective 
management organisation stores copies of a copyright work for their distribution  
(Article  32 subparagraph  2 and  Article  34 paragraph  (1)); 
13. without the authorisation of the author or other copyright holder, or a collective 
management organisation  undertakes other acts for the purpose of distribution of 
copies of a copyright work ( Article  32 subparagraph 2 and  Article  34 paragraph ( 1)); 
14. fails to pay a remuneration for public lending of a copyright work if an original or 
copies of a copyright work, in respect of which further distribution is permitted, by 
mediation of public libraries are given for use in a limited period, without earning a 
direct or indirect economic or commercial benefit  (Article  34 paragraphs  (3) and (7)); 
15. as a professional art dealer , except for an art gallery in case when it acquires an 
original of a fine art work directly from the author in the period of less than three years 
before its resale and unless a resale price of the work exceeds an equivalent of Euro 
10,000.00 in HRK , fails to pay  an equitable share from a sale price achieved with any 
resale of that original following its first alienation by the author  (remuneration for the 
resale right) with reselling a fine art work  (Article  35 paragraph  (1)); 
16. without the authorisation of the author or other copyright holder, or a collective 
management organisation communicates a copyright work to the public in any manner 
(Article  32 subparagraph  3 and  Article  36); 
17. without the authorisation of the author or other copyright holder, or a collective 
management organisation remakes a copyright work  (Article  32 subparagraph 4 and 
Article  54); 
18. distributes a copy of a computer programme  knowing  or having  reasons  to believe that 
it is the infringing copy  (Article  278 paragraph  (1) subparagraph 1) ; 
19. possesses, for commercial purposes, a copy of a computer programme knowing  or 
having  reasons  to believe that it is the infringing copy  (Article  278 paragraph  (1) 
subparagraph 2) ; 
20. distribu tes, for commercial purposes , any means the sole intended purpose of which is 
to facilitate  unauthorised removal or circumvention of a technical device for the 
protection of a computer programme  (Article  278 paragraph  (1) subparagraph 3) ; 
21. possesses, for commercial purposes, any means the sole intended purpose of which is 
to facilitate  unauthorised removal or circumvention of a technical device for the 
protection of a computer programme  (Article  278 paragraph  (1) subparagraph 3) ; 
22. without indication of a performer, unless the performer has declared in a written form 
that he does not want to be indicated, or if certain public use prevents indication of a 
performer, publicly uses his artistic performance  (Article  131 paragraph  (2)); 
23. without the authorisation of a performer distorts , mutilates or otherwise modifies the 
artistic performance (Article  132 paragraph  (1));  
24. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  manag ement organisation fixes its unfixed performance or 130 
 
 reproduces the fixed performance for further distribution (Article  134, in connection 
with Article 33 paragraph  (1), Article  34 paragraph  (1) and Article  139) ; 
25. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or an importer of empty sound, image or text carriers or an importer 
of audio of visual recording devices, fails to pay an equitable remuneration for 
reproduction of a performance where it may be  reproduced without the authorisation 
of the performer for private use  (Article  185 paragraph (1)  in connection with Article 
183 paragraph  (2) and Article 184 paragraph ( 1)); 
26. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  management organisation distribu tes, except by renting, a fixed 
performance (Article  135 paragraph  (1) in connection with Article  34 paragraph  (1) 
and Article 139) ; 
27. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  management organisation rents a fixed artistic performance  
(Article  135 paragraph (1) in connection with Article 34 paragraph  (6) and Article 
139); 
28. fails to pay an equitable remuneration to the  performer’s  collective management 
organisation for renting the performer’s fixed performance which he cannot waive, 
where he transferred his renting right to a phonogram producer ( Article  135. paragraph  
(2) in connection with Article  34. paragraphs  (2) and ( 6) and Article 139.) ; 
29. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  management organisation stores the performer’s fixed 
performance for distribution (Article  135 paragraph  (1) in connection with Article  34 
paragraph  (1) and Article 139) ; 
30. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  management organisation undertakes other actions for 
distribution of the performer’s  fixed performance  (Article  135 paragraph (1) in 
connection with Article 34 paragraph  (1) and Article 139) ; 
31. fails to pay a remuneration for public lending of the performer’s fixed performance  if 
an original or copies of the performer’s fixed performance, in respect of which further 
distribution is permitted, by mediation of public libraries are given for use in a limited 
period, without earning a direct or indirect economic or commercial benefit ( Article  
135 paragraph  (1) in connection with Article 34 paragraphs  3 and  7 and Article 139) ; 
32. without the authorisation of a performer or other holder of the performer’s rights or the 
performer’s collective  management organisation communicates the performance to the 
public in any manner ( Article  136 paragraph  (1) in connection with Article  36 and 
Article 139) ; 
33. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights reproduces a phonogram for distribution (Article  142 paragraph  (1) 
subparagraph 1 in connection with Article  33 paragraph  (1), Article 34 paragraph  (1) 
and Article 145) ; 
34. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or an importer of empty sound, image or text carriers or an importer 
of audio of visual recording devices, fails to pay an equitable remuneration for 
reproduction of a phonogram where it may be reproduced without the authorisation of 
the phonogram producer  for private use ( Article  185 paragraph  (1) in connection with 
Article 183 paragraph  (2) and Article 184 paragraph  (1)); 
35. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  distribu tes a phonogram, except by renting  (Article  142. paragraph 
(1) subparagraph 2, in connection with Article 34 paragraph (1)  and Article 145) ; 131 
 
 36. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  or the phonogram producer’s collective management organisation  
rents a phonogram  (Article  142 paragraph (1)  subparagraph 2 in connection with 
Article  145) ; 
37. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  stores a phonogram for distribution (Article  142 paragraph  (1) 
subparagraph 2. in connection with Article 34. paragraph  (1) and Article 145.) ; 
38. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  undertakes other actions for distribution of a  phonogram  (Article  142 
paragraph  (1) subparagraph 2 in connection with Article  34 paragraph (1) and Article 
145); 
39. fails to pay a remuneration for public lending of the phonogram  if an original or copies 
of the phonogram , in respect of which further distribution is permitted, by mediation 
of public libraries are given for use in a limited period, without earning a direct or 
indirect economic or commercial benefit ( Article  142 paragraph  (1) subparagraph 2 in 
connection wit h Article 34 paragraphs  (3) and (7) and Article  145) ; 
40. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  or the phonogram producer’s collective management organisation  
makes a phonogram available to the public  (Article  142 paragraph (1) subparagraph 3 
in connection with Article 46 and  Article  145) ; 
41. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  or the phonogram producer’s collective management organisation  
reproduces and communicates to the public, and makes available  to the public, a 
phonogram within an ancillary  online service  (Article  142 paragraph (1) subparagraph 
4 in connection with Article 36, Article  48 and Article  145) ; 
42. without the authorisation of a phonogram producer or other holder of the phonogram 
producer’s rights  or the phonogram producer’s collective management organisation  
communicates to the public, and makes available to the public, a phonogram, when 
providing the public wi th access to phonograms  uploaded by users on platforms for 
online content -sharing (Article  142 paragraph  (1) subparagraph  5 in connection with 
Article 36, Article  50 and Article  145) ; 
43. fails to pay a share in a single  equitable remuneration for public presentation, 
broadcasting, retransmission , transmission by direct injection, public communication 
of broadcasting, retransmission , transmission by direct injection and making available 
to the public and any other communic ation of a phonogram to the public ( Article  142 
paragraph  (1) subparagraph 6 in connection with Article 36, Article  41, Article  42, 
Article  44, Article  45, Article  46, Article  136 paragraph ( 2) and Article  145) ; 
44. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights  reproduces a videogram  for distribution (Article  152 subparagraph 1 
in connection with Article 33 paragraph ( 1), Article  34 paragraph (1) and Article  155) ; 
45. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or an importer of empty sound, image or text carriers or an importer 
of audio of visual recording devices, fails to pay an equitable remuneration for 
reproduction of a videogram  where it may be reproduced without the authorisation of 
the audiovisual producer  for private use  (Article  185 paragraph  (1) in connection with 
Article  183 paragraph  (2) and Article  184 paragraph  (1)); 
46. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights distribu tes, except by renting , a videogram ( Article  152 
subparagraph 2 in connection with Article 34 paragraph (1) and Article  155) ; 132 
 
 47. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights rents a  videogram ( Article  152 subparagraph 2 in connection with 
Article  34 paragraph  (6) and Article  155) ; 
48. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights stores a  videogram for distribution  (Article  152 subparagraph 2 in 
connection with Article  34 paragraph (1) and Article  155) ; 
49. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights undertakes other actions for distribution of a  videogram  (Article  152 
subparagraph 2 in connection with Article  34 paragraph (1) and Article  155) ; 
50. fails to pay a remuneration for public lending of a videogram  if an original or copies of 
a videogram , in respect of which further distribution is permitted, by mediation of 
public libraries are given for use in a limited period, without earning a direct or 
indirect economic or commercial benefit ( Article  152 subparagraph  2 in connection 
with Article  34 paragraphs  (3) and ( 7) and Article  155) ; 
51. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights presents a videogram ( Article  152 subparagraph 3 in connection with 
Article  36, Article  41 and Article  155) ; 
52. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights makes a videogram available to the public  (Article  152 subparagraph  
4 in connection with Article  36, Article  46 and Article  155) ; 
53. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights reproduces and communicates to the public, and makes a videogram 
available to the public within an ancillary  online service  (Article  152 subparagraph 5 
in connection with Article  36, Article  48 and  Article  155) ; 
54. without the authorisation of an audiovisual producer or other holder of the audiovisual 
producer’s rights communicates to the public, and makes a videogram available to the 
public , when providing the public with access to videograms uploaded by users on 
platforms for online content -sharing  (Article  152. subparagraph 6. in connection with 
Article  36., Article  50. and Article  155.) ; 
55. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights fixes an unfixed programme signal ( Article  158. 
paragraph  1. subparagraph 1. in connection with Article  33. paragraph (1) and Article  
162.) ; 
56. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights reproduces a programme  signal for distribution  
(Article  158 paragraph  1 subparagraphs  2 and 3 in connection with  Article  33 
paragraph  (1), Article  34 paragraph (1) and Article  162) ; 
57. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights distribu tes, except by renting, a fixed programme 
signal ( Article  158 paragraph  (1) subparagraph 3 in connection with Article  34 
paragraph (1) and Article  162) ; 
58. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights broadcasts a programme  signal ( Article  158 
paragraph  (1) subparagraph 4 in connection with Article  36, Article  42 and Article  
162); 
59. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights retransmits a programme signal ( Article  158 
paragraph  (1) subparagraph 5 in connection with Article  36, Article  44 and Article  
162); 133 
 
 60. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights transmits by direct injection a programme  signal 
(Article  158 paragraph (1) subparagraph 6 in connection with Article  36, Article  45 
and Article  162) ; 
61. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights publicly communicates a programme  signal 
broadcast, rebroadcast, transmitted by direct injection or made available to the public 
if such communication available  to the public is conducted with payment of a ticket  
(Article  158 paragraph (1) subparagraph 7 in connection with Article  36, Article  47 
and Article  162) ; 
62. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights makes a programme signal available to the public  
(Article  158 paragraph (1) subparagraph 8 in connection with Article  36, Article  46 
and Article  162) ; 
63. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights reproduces and communicates to the public, and 
makes available to the public a programme  signal within an ancill ary online service 
(Article  158 paragraph (1) subparagraph 9 in connection with Article  36, Article  48 
and Article  162) ; 
64. without the authorisation of a broadcasting organisation or other holder of the 
broadcasting organisation’s rights communicates to the public, and makes available to 
the public when providing the public with access to programme signals uploaded by 
users on platforms for online content -sharing  (Article  158. paragraph  (1) subparagraph 
10 in connection with Article  36, Ar ticle 50 and  Article  162) ; 
65. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications reproduces a press  publication or its part for 
distribution (Article  165 paragraph  (1) subparagraph 1 and 2 in connection with 
Article  33 paragraph  (1), Article  34 paragraph (1) and Article  172) ; 
66. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or a producer of photocopying devices or an importer of empty 
sound, image or text carriers or an importer of audio of visual recording devices or an 
importer of photocopying devices, fails to pay an equitable remuneration for 
reproduction of a press  publication where it may be reproduced without the 
authorisation of the publisher of a press  publication for private use ( Article  185 
paragraph  (1) in connection with Article  183 paragraph  (2) and Article  184 paragraph  
(1)) ; 
67. as a provider of a photocopying service against payment , fails to pay an equitable 
remuneration for reproduction of a press  publication when it may be reproduced 
without the authorisation of the publisher of a press  publication by photocopying for 
private use  (Article  185 paragraph  (1) in connection with Article  183 paragraph  (3)); 
68. without the authorisation of a publisher of press publication s or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications distribu tes, except by renting, a press  publication  
(Article  165 paragraph  (1) subparagraph 2 in connection with Article  34 paragraph (1) 
and Article  172) ; 
69. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publicati ons rents a copy of a press  publication (Article  165 134 
 
 paragraph  (1) subparagraph 2 and Article  218 paragraph  (3) item 4 subitem a) in 
connection with Article  34 paragraph  6 and  Article  172) ; 
70. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications stores a press  publication  for distribution (Article  165 
paragraph  (1) subparagraph 2 in connection with Article  34 paragraph (1) and Article  
172); 
71. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications undertakes other actions for distribution of a press  
publication (Article  165 paragraph  (1) subparagraph 2 in connection with Article  34. 
paragraph (1) and Article  172) ; 
72. fails to pay a remuneration for public lending of a press  publication if an original or 
copies of a press  publication, in respect of which further distribution is permitted, by 
mediation of public libraries are given for use in a limited period, without earning a 
direct or indirect economic or commercial benefit ( Article  165 paragraph  (1) 
subparagraph 2 in co nnection with Article  34 paragraphs  (3) and (7) and Article  172) ; 
73. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications in any manner communicates a press  publication or its 
part to the public ( Article  165 paragraph  (1) subparagraph  3 in connection with Article  
36 and Article  172) ; 
74. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications remakes a press  publication or its part  (Article  165 
paragraph  (1) subparagraph 4 in connection with Article  54 and Article  172) ; 
75. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications reproduces a press  publication or its part within an 
information society service ( Article  166 paragraph  (1) subparagraph  1 in connection 
with Article  33 paragraph (1) and Article  172) ; 
76. without the authorisation of a publisher of press publications or other right holder of a 
publisher of press publications or a collective management organisation of the 
publisher of press publications communicates a press  publication or its part to the 
public in any manner within an information society service  (Article 166 paragraph  (1) 
subparagraph 2 in connection with Article  36 and Article  172) ; 
77. without the authorisation of a producer of a non- original database or other right holder 
of a producer of a non- original database reproduces a non -original database ( Article  
175 paragraph  (1) subparagraph 1 in connection with Article  33 paragraph (1) and 
Article  179) ; 
78. without the authorisation of a producer of a non- original database or other right holder 
of a producer of a non- original database distribu tes, except by renting, a non- original 
database (Article  175 paragraph  (1) subparagraph 2 in connection with Article  34 
paragraph (1) and Article  179) ; 
79. without the authorisation of a producer of a non- original database or other right holder 
of a producer of a non- original database rents a non- original database (Article  175 
paragraph  (1) subparagraph 2 in connection with Article  34 paragraphs  (2) and (6) and 
Article  179) ; 
80. without the authorisation of a producer of a non- original database or other right holder 
of a producer of a non -original database in any manner communicates a non- original 135 
 
 database to the public ( Article  175 paragraph  (1) subparagraph 3 in connection with 
Article  36 and Article  179) ; 
81. without the authorisation of a producer of a non- original database or other right holder 
of a producer of a non -original database remakes a non -original database (Article  175 
paragraph  (1) subparagraph 4 in connection with Article  54 and  Article  179) ; 
82. as a producer of empty sound, image or text carriers or a producer of audio and visual 
recording devices or a producer of photocopying devices or an importer of empty 
sound, image or text carriers or an importer  of audio of visual recording devices or an 
importer of photocopying devices, fails to pay an equitable remuneration for 
reproduction of the publisher’s written editions  for private use ( Article  185 paragraph  
(3) in connection with Article  183 paragraph ( 2) and Article  184 paragraph  (1)); 
83. as a provider of photocopying service against payment , fails to pay an equitable 
remuneration for reproduction of the publisher’s written editions for private use  
(Article  185 paragraph ( 3) in connection with Article  183 paragraph  (3)); 
84. fails to indicate clearly and visibly in its publication the name of the publisher of a 
press  publication, a broadcasting organisation, other media or electronic media 
publisher who was the first to have published daily news, other news or other media 
information when publicly transmit ting daily news and other news that have the 
character of ordinary media in formation and that are not a s ubject mat ter of copyright 
and other media information learned from other publicly published sources ( Article  18 
paragraph  (4) subparagraph 1) ; 
85. fails to indicate clearly and visibly in its publication the name and surname of the 
journalist signed with publishing daily news, other news or other media information, if 
it is in compliance with common practice in media reporting, when publicly 
transmitting  daily news and other news that have the character of ordinary media 
informat ion and that are not a s ubject mat ter of copyright and other media information 
learned from other publicly published sources  (Article  18 paragraph (4) subparagraph  
2); 
86. fails to indicate clearly and visibly in its publication the name of the publisher of a 
press  publication, a broadcasting organisation, other media or electronic media 
publisher  as sources for creating his publications of the same daily news and other 
news or other media information, in such manner that does not require under this Act 
to obta in the authorisation of a right holder or a collective management organisation  
(Article  18 paragraph ( 5) subparagraph 1) ; 
87. fails to indicate clearly and visibly in its publication the name and surname of the 
journalist signed with publishing daily news, other news or other media information, if 
it is in compliance with common practice in media reporting , as sources for creating 
its publications of the same daily news and other news or other media information, in 
such manner that does not require under thi s Act to obtain the authorisation of a right 
holder or a collective management organisation ( Article  18 paragraph  (5) 
subparagraph 2).  
(2) A responsible person in a legal person shall be punished for the misdemeanours 
referred to in paragraph (1) of this Artic le by a fine amounting from  HRK  2,000.00 up to 
10,000.00. 
(3) A natural person -  a craftsman or other self - employed person, respectively, shall be 
punished for the misdemeanours, referred to in paragraph (1) of this Article, by a fine 
amounting from HRK 5,000.00 to 50,000.00, where the misdemeanour has been committed in 
the performance of his activities as a craftsman or other self -employed person, respectively . 
(4) A natural person shall be punished for the misdemeanours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 2,000.00 up to 10,000.00. 136 
 
  
Failure to Enforce the Limitation of  
Copyright and Related Rights  
 
Article 297  
(1) Any legal entity shall be punished for a misdemeanour by a  fine amounting from HRK 
5,000.00 to 50,000.00, if it : 
1. fails to provide the persons who are authorised, pursuant to the provisions of Articles 
181 to 212 of this Act, to use a copyright work or the s ubject mat ter of related rights, 
and who have proved that the conditions laid down in Article 181 of this Act have 
been fulfilled, and who are prevented from using or accessing it by applying  technical 
measures referred to in Article 276 of this Act, with the means enabling them to use a 
copyright work or a s ubject mat ter of related rights in accordan ce with the limitations 
referred to in Articles from 191 to 212 of this Act, providing for special measures or 
entering into an agreement  (Article 213, paragraph (1) ); 
2. fails to indicate  clearly and visibly  the application of technical measures , by indicating 
a technical measure and its effects as well as its full name and contact address  (Article 
213, paragraph (7)), on each copy of the copyright work or the s ubject matter  of 
related rights, produced or imported for commercial purposes . 
(2) A responsible person in a legal entity shall be punished for the misdemeanours, 
referred to in paragraph (1) of this Article, by a fine amounting from HRK 1,000.00 to 
5,000.00. 
(3) A natural person -  a craftsman or other self - employed person, respectively, shal l be 
punished for the misdemeanours, referred to in paragraph (1) of this Article, by a fine 
amounting from HRK 5,000.00 to 30,000.00, where the misdemeanour has been committed in 
the performance of his activities as a craftsman or other self -employed pers on, respectively . 
(4) A natural person shall be punished for the misdemeanours, referred to in paragraph (1) 
of this Article, by a fine amounting from HRK 1,000.00 to 5,000.00. 
 
Failure to Provide Information  
 
Article 298  
(1) Any legal person which uses a copyright or a s ubject mat ter of related rights,  which 
does not submit to the collective management organisation the relevant  information at its 
disposal, necessary for the collection of rights revenue and/or distribution of amounts due to 
right holders, within agreed or previously defined time limit and in an agreed or previously 
defined form (Article 234 paragraph ( 1)). 
(2) A responsible person in a legal person shall be punished for the misdemeanours 
referred to in paragraph (1) of this Article by a fine amounting from  HRK  1,000.00 up to 
5,000.00 . 
(3) A natural person -  a craftsman or other self - employed person, respectively, shall be 
punished for the misdemeanours referred to in paragraph (1) of this Article by a fine 
amounting from HRK 5,000.00 to 10,000.00, where the misdemeanour has been committed in 
the performance of his activities as a craftsman or other self -employed person, respectively . 
(4) A natural person shall be punished for the misdemeanours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 1,000.00 up to 5,000.00 . 
 
 
 
 137 
 
 Unauthorised Collective Management of Rights  
 
Article 299  
(1) Any legal person shall be punished for a misdemeanour by a fine amounting from 
HRK 5,000.00 up to 50,000,00, which:  
1. has a residence or a place of establishment  in the Republic of Croatia, if it performs 
the activity of collective management of rights under  this Act without the authorisation 
of the Office  (Article  224 paragraph  (1) and Article  225 paragraph ( 2)); 
2. has a residence or a place of establishment  in the Republic of Croatia, if it performs 
the activity of collective management of rights under this Act contrary to the 
authorisation of the Office issued in compliance with Article  224 paragraph (1) or 
Article  225 paragraph (2) of this Act  or contrary to the provisions of this Act  (Article  
267 paragraph  (4)); 
3. has a residence or a place of establishment  in a Member State of the European Union 
other than the Republic of Croatia , if it cannot perform the activity of collective 
management of rights  by the l aw of the state where it has a residence or a place of 
establishment, and it performs such activity in the Republic of Croatia  (Article  225 
paragraph  (3) and Article  266 paragraph  (7)); 
4. has a residence or a place of establishment  in a Member State of the European Union 
other than the Republic of Croatia , if it can perform the activity of collective 
management of rights by the law of the state where it has a residence or a place of 
establishment, but it performs such activity in the Republic of Croatia without having 
previously notified the Office about its intention to perform such activity in the 
Republic of Croatia ( Article  225 paragraph  (3) and Article  266 paragraph  (7)); 
5. has a residence or a place of establishment  in a Member State of the European Union 
other than the Republic of Croatia , and it performs the activity of collective 
management of rights in the Republic of Croatia contrary to the provisions of this Act  
(Article  267 paragraph ( 6)). 
(2) A responsible person in a legal person shall be punished for the misdemeanours 
referred to in paragraph (1) of this Article by a fine amounting from  HRK  1,000.00 up to 
5,000.00 . 
(3) A natural person -  a craftsman or other self - employed person, respectively, shall be 
punished for  the misdemeanours referred to in paragraph (1) of this Article by a fine 
amounting from HRK 5,000.00 to 30,000.00, where the misdemeanour has been committed in 
the performance of his activities as a craftsman or other self -employed person, respectively . 
 
Misdemeanours Committed for Economic Benefit  
 
Article 300  
(1) If any legal person commits the  misdemeanours referred to in Articles from 296 to 299 
of this Act for economic benefit, it shall be punished by a fine amounting from  HRK 
10,000.00 up to 100,000.00. 
(2) A responsible person in a legal person shall be punished for the misdemeanours 
referred to in paragraph (1) of this Article by a fine amounting from HRK 4,000.00 up to 
10,000.00. 
(3) A natural person -  a craftsman or other self - employed person, respectively, shall be 
punished for the misdemeanours, referred to in paragraph (1 ) of this Article, by a fine 
amounting from HRK 5,000.00 to 100,000.00, where the misdemeanour has been committed 
in the performance of his activities as a craftsman or other self -employed  person, respectively . 138 
 
 (4) A natural person shall be punished for the misdemeanours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 4,000.00 up to 10,000.00. 
 
 
PART EIGHT 
 
SPECIAL PROVISIONS  ON CROATIAN AUDIOVISUAL WORKS  
U ARHIVU I PROGRAMIMA HRVATSKE RADIOTELEVIZIJE  
 
 
Copyrights on Audiovisual Works Stored  in the Archive of the  
Croatian Radio Television, and  Created before 1990 
 
Article 301  
(1) Audiovisual works whose first standard copy was made before 1990, whose principal 
director or  screenwriter or principal cameraman or principal image and sound editor or 
composer of music specially composed for use in that audiovisual work or the principal 
cartoonist or animator (if any),  is a Croatian citizen or a member of the Croatian people or 
produced or co- produced by an audiovisual producer who at the time of the first standard 
copy of such audiovisual work had its registered office in the Republic of Croatia or its 
predecessor state and a copy of which is in the archives of the  Croatian Radi o Television on 
the date of this Act entering into force, represent cultural goods in the sense of the law which 
regulates the preservation and protection of cultural goods . 
(2) The copyright on audiovisual works referred to in paragraph (1) of this Article shall be 
presumed  to belong to: the principal director as the main co -author, the screenwriter, the 
principal cameraman, the principal image and sound editor, the author of mus ic specially 
composed for that audiovisual work and the principal cartoonist or animator, if it is a cartoon 
or animated audiovisual work.  
(3) Audiovisual producers of audiovisual works referred to in paragraph (1) of this Article 
may, within two years from th e date of this Act entering into force , submit to the Croatian 
Radio Television written evidence in the form of a contract or similar legal transaction on the 
acquisition of economic copyright in exploitation of those audiovisual works. If the 
audiovisual producer of such audiovisual work has ceased to exist, and there is a legal 
successor, such legal successor is obliged to submit evidence of his legal succession, together 
with evidence of the acquisition of economic copyright rights of exploitation. 
(4) if within the period referred to in paragraph (3) of this Article the audiovisual producer 
of the audiovisual work referred to in paragraph (1) of this Article or his legal successor fails 
to submit evidence of acquisition of economic copyright in exploitation and evidence of legal 
succession, the presumption referred to in paragraph (2) of this Article shall become 
irrefutable.  
 
Management of Copyrights on  Audiovisual Works Stored  in the  
Archive of the Croatian Radio Television, and Created before 1990  
 
Article  302 
(1) Croatian Radio  Television is authorised, pursuant to this Article, to reproduce, 
distribute, broadcast, rebroadcast, make available  to the public, communicate to the public 
and make available to the public within an ancillary  online service and upload to platforms  for 
online content -sharing , the audiovisual works referred to in Article 301 paragraph (1) of this 
Act, all for commercial or non -commercial purposes, without the author's approval referred to 139 
 
 in Article 301, paragra ph (2) of this Act, provided that it concludes a contract with an 
appropriate collective management organisation authorised in accordance with the provisions 
of this Act , which shall define a single annual remuneration  for all the above forms of 
exploitation of audiovisual works referred to in Article 301 paragraph ( 1) of this Act, in a 
lump sum . 
(2) The collective management organi sation referred to in paragraph ( 1) of this Article 
shall determine in its rules on the distribution of the ratio of shares in the remuneration  
referred to in paragraph ( 1) of this Article between the principal  co-author and other co-
authors referred to in Article 301, paragraph (2) of this Act and it shall distribute  appropriate 
amounts of remuneration  to those persons, i.e.  their heirs and other legal successors  at least 
once a year , in accordance with the data on the use of audiovisual works referred to in Article 
301 paragraph ( 1) of this Act which it receives from the Croatian Radio Television . 
(3) The provision of paragraph ( 1) of this Article shall not apply to audiovisual works 
referred to in Article 301 paragraph ( 1) of this Act, in respect of which the audiovisual 
producer, or his legal successor, proves the acquisition of economic copyright in exploitation 
and his legal succession in accordance with Article 301  paragraph ( 3) of this Act. 
(4) The contract concluded by the Croatian Radio Television with collective management 
organi sations authorised  in accordance with the provisions of this Act for the collective 
management  of appropriate musical copyrights, musical rights of performers and phonogram 
producers shall be considered to include remuneration  for the use of all musical works, 
musical performances and phonograms  used in audiovisual works referred to in Article 301 
paragraph (1) of this Act and that their use does not require any additional authori sation, 
including authori sation for broadcasting, remaking  and reproduction. 
 
Acting Performances  in Audiovisual Works Stored  in the  
Archive of the Croatian Radio Television, and Created before 1990  
 
Article 303  
All property rights to acting artistic performances in audiovisual works referred to in 
Article 301 paragraph ( 1) of this Act, for which the audiovisual producer or his legal 
successor does not furnish  evidence of acquiring the right to exploit  acting performances and 
of his legal succession,  as prescribed in Article 302 paragraph ( 3) of this Act, shall be 
considered to belong to the Croatian Radio Television. 
 
Repeated Broadcasts of Croatian Audiovisua l Works  in the  
Programmes of the Croatian Radio Television  
 
Article 304  
(1) For each repeated broadcast after the first broadcast (hereinafter: rerun broadcast) of 
an audiovisual work, whose main co- author is a Croatian citizen or a member of the Croatian 
people, in the programmes of the Croatian Radio Television, the principal co- author is entitled 
to an equitable and proportionate remuneration, which  must be managed through an 
appropriate collective management organisation which is authorised in accordance with the 
provisions of this Act . 
(2) The Croatian Radio Television shall conclude a contract with an appropriate collective 
management organisation aut horised in accordance with the provisions of this Act, which 
shall define a single annual remuneration for all rerun broadcasts referred to in paragraph (2) 
of this Article, in a lump sum. 
(3) If the Croatian Radio Television fails to conclude  a contract w ith an appropriate 
collective management organisation authorised in accordance with the provisions of this Act , 140 
 
 the remuneration shall be defined with effective application  of the provisions of Article 235 
and 236 of this Act in respect of the procedure of  defining a lump remuneration and Article 67 
of this Act in respect  the amount of a single annual remuneration in a lump sum . 
(4) The provisions of collective management of rights under this Act shall apply 
accordingly to all other respects of proceedings by a collective management organisation 
referred to in this Article . 
(5) This Article  shall not prejudice contracts on audiovisual production concluded 
between audiovisual producers and principal co -authors or audiovisual producers and the 
Croatian Radio T elevision , nor remunerations agreed in such contracts for the creation of 
audiovisual works and for establishment of the rights in exploiting them, regardless of the 
time when these contracts are concluded. This Article shall leave intact all the rights an d 
obligations of the contracting parties in such contracts . 
 
 
PART NINE  
 
TRANSITIONAL AND FINAL PROVISIONS  
 
Application of the Act to the S ubject mat ter of Protection  
Existing before Its Ent ering  into Force  
 
Article 305  
(1) This Act shall apply to all copyright works, all performances, all phonograms, all 
videograms, all programme signals, all non -original database and all written editions in 
respect of which the rights have not expired until the date on which this Act enters into force . 
(2) This Act shall apply to press publications published for the first time after 6 June 
2019. 
(3) All the rights of authors, performs, phonogram producers, audiovisual producers, 
broadcasting organisations, database producers and publishers of written editions, acquired 
before this Act entering into force , including all the rights of exploitation acquired before this 
Act entering into force  shall remain intact.  
 
Application of the Act to the Contracts  
Existing before Its Ent ering into Force  
 
Article 306  
(1) In relation to the contracts concluded before 1 July 1994, the right referred to in 
Article 34 paragraph (6), or Article 135 paragraph (2) of this Act shall exist only in the case 
where an author, or a performer or his agent submitted a request for that purpose before 1 
January 1997. If right holders failed to agree on the amount of remuneration, the remuneration 
shall be defined in accordance with the provisions of Article 235 of this Act . 
(2) As of 7 June 2023, the principle of the country  of origin referred to in Article 49 
paragraph (1) of this Act shall apply to contracts and agreements on managing copyright and 
related rights that refer to reproduction and communication to the public, and making 
available to the public, within an ancill ary online service, which are concluded before this Act 
entering into force, and expire after 7 June 2023. 
(3) Until 7 June 2025, Article 45 of this Act shall not apply to authorisations for 
communication to the public undertaken by transmitting programmes by direct injection, 
which have been granted before this Act entering into force, and expire after 7 June 2025. 141 
 
 (4) Contracts between performers and phonogram producers on establishing rights to 
exploit performances fixed on a phonogram, which are concluded befor e 1 November 2013, 
shall take effect until expiry of the time limit of protecting a performer referred to in Article 
138 of this Act, unless otherwise specified by the contracts or if circumstances arise as 
referred to in Article 146 paragraph (5) or Artic le 148 paragraph (4) if this Act or if the 
contract ceased to exist for any other reason . 
(5) Contracts  on exploitation of musical performances concluded between performers and 
phonogram producers before  this Act entering into force shall be harmonised with the 
provisions of this Act within three years from the date of this Act entering into force; 
otherwise, it shall be considered that a phonogram producer has not acquired the rights to 
exploit musical performances online and that the rights of a performer i n relation to exploiting 
musical performances online shall be managed collectively . 
 
Application of the Act to Copyright Works   
Created in the Course of Employment and on Commission  
 
Article 307  
This Act shall apply to copyright works and s ubject mat ter of related rights created in 
the course of employment or on commission after this Act coming into force, and on the basis 
of employment contracts or contracts on commission concluded before this Act entering into 
force . 
 
Authorisations for Collective Mana gement of Rights  
 
Article 308  
Authorisations for the performance of the activity of collective management of rights 
granted by the Office to collective management organisations and effective on the date of this 
Act entering into force shall remain in force . 
 
Price Tariffs of Collective  
Management Organisations  
 
Article 309  
All price tariffs of collective management organisations valid on the date of this Act 
entering into force shall remain in force . 
 
Appointment of the Council of Experts  upon  
This Act Entering into Force  
 
Article 310  
(1) The Council of Experts appointed by the Copyright and Related Rights Act  (“Official 
Gazette”, No. 167/03, 79/07, 80/11, 141/13, 127/14, 62/17 and 96/18) shall continue operating 
in accordance with the provisions of that Act until the Council of Experts shall be appointed 
according to paragraph (2) of this Article, when its  term ends . 
(2) The Minist er responsible for the field of copyright and related rights shall appoint the 
Council of Experts on the proposal of the Director General of the Office, in accordance with 
this Act, within two months upon the date of its entering into force . 
 
 
 142 
 
 Obligation of  the Croatian Radio Television in Relation to Audiovisual Works   
Stored  in the Archive of the Croatian Radio Television, and Created before 1990 
 
Article 311  
Within eight days upon the date of this Act entering into force, the Croatian Radio 
Television shall publish a public announcement on its website to invite audiovisual producers 
referred to in Article 301 paragraph (3) of this Act or their legal successors to furnish 
evidence on acquiring the rights of exploitation of audiovisual works referred to i n Article 
301 paragraph (1) of this Act and on their legal succession.  
 
Infringements of Rights  and Pending Procedures  
 
Article 312  
(1) Infringements of copyright and related rights committed  before the date of this Act 
entering  into force shall be resolved in compliance with the provisions of the Copyright and 
Related Rights Act  (“Official Gazette”, No. 167/03, 79/07, 80/11, 141/13, 127/14, 62/17 and 
96/18).  
(2) Pending procedures regarding the protection of copyright and related rights initiated 
before the date of this Act entering into force shall be completed in compliance with the 
provisions of the Copyright and Related Rights Act ( “Official Gazette”, No. 167/03, 79/07 , 
80/11, 141/13, 127/14, 62/17 and  96/18).  
 
Subordinate Legislation  
 
Article 313  
(1) The Minister responsible for the field of copyright and related rights shall enact the 
regulations referred to in Article  224 paragraph  (14) and Article  238 paragraph  (11) of this 
Act within four months from the date of this Act entering into force . 
(2) Regulations on Prof essional Criteria and Procedure of Granting Authorisations for 
Collective Management of Rights and the Regulations on Remunerations for Operation of the 
Council of Experts  for remunerations in the field of copyright and related rights (“Official   
Gazette” No. 107/17)  shall remain in force until the date the regulations referred to in 
paragraph (1) of this Article enter into force . 
 
Cease of the Validity of Legal Provisions  
 
Article 314  
On the date this Act enters into force, the Copyri ght and Related Rights Act   
(“Official   Gazette” No. 167/03, 79/07, 80/11, 141/13, 127/14, 62/17  and 96/18)  shall cease 
to be in force . 
 
The Entry of This Act into Force  
 
Article 315  
This Act shall enter into force on the eight h day following its publication in the 
“Official Gazette” , except for Article 69 of this Act  that shall enter into force  on 7 June 2022 
and Article  217 paragraph  (3) item 2 subitem  a) and Article  218 paragraph  (3) item 4 subitem  
a) of this Act  that shall enter into force  on 1 January  2023.  
 
  143 
 
 ANNEX I  
 
Article 1  
This Annex I regulates the appropriate sources for conducting a diligent search, the 
recording procedure and the content of records on orphan works . 
 
Article 2  
Publicly available libraries, educational institutions or museums and other legal 
entities performing museum activities as well as archives, film and audio heritage institutions 
and public broadcasting organisations established in the Republic of Croatia shall conduct in 
good faith, for the purpose of identification and/or finding authors or co- authors of works 
from their collections  and archives, a careful search for each work.  A careful search is carried 
out before the use of the work, by searching through appropriate sour ces for the relevant 
category of work. If there is evidence to suggest that relevant data on right holders can be 
found in other countries, the data sources available in those countries shall also be searched . 
 
Article 3  
Appropriate sources are : 
1. for publis hed books : 
a) collections of mandatory copies, particularly national bibliography, library 
catalogues, authority files , normative and bibliographic databases of libraries and 
other institutions;  
b) databases and documentation of publishers’ associations and authors’ associations 
in the Republic of Croatia ; 
c) existing databases and registers , WATCH (Writers, Artists and T heir Copyright 
Holders), ISBN (International Standard Book Number) and databases on books in  
print ; 
d) databases and documentation of appropriate collective management organisations, 
in particular for the management of rights of reproduction;  
e) sources consolidating several databases and registers, including  VIAF (Virtual 
International Authority Files) and  ARROW ( Available  Registers of Rights 
Informat ion and Orphan Works) ; 
2. for newspapers, magazines, daily newspapers and periodicals : 
a) ISSN (International Standard Serial Number) for periodi cals; 
b) indexes  and catalogues  from libraries and collections ; 
c) collections of mandatory copies, particularly national and special bibliographies ; 
d) databases and documentation of appropriate publishers’ associations and authors’ 
and journalists’ associations in the Republic of Croatia ; 
e) databases and documentation of appropriate collective management organisations, 
in partic ular for the management of rights of reproduction;  
f) authority files ; 
3. for visual  works , including works of fine art, photos, illustrations, drawings, 
architecture, sketches of later works and other similar works found in books, 
magazines, newspapers, daily newspapers and other works : 
a) sources given under items 1 and 2 of this paragraph;  
b) databases and documentation of appropriate collective management organisations, 
in particular for visual art, including organisations for the management of rights of 
reproducti on; 
c) as necessary , databases of painting archiving agencies ; 
4. for audiovisual  works , artistic performances , phonograms and videograms : 144 
 
 a) collections of mandatory copies ; 
b) databases and documentation of producers’ associations in the Republic of 
Croatia;  
c) databases and documentation of institu tions for film and audio heritage and 
national libraries ; 
d) databases with relevant standards  and identifiers  such as  ISAN (International 
Standard Audiovisual Number) for audiovisual  material , ISWC (International 
Standard Music Work Code) for musical works and ISRC (International Standard 
Recording Code) for phonograms ; 
e) databases and documentation of appropriate collective management organisations, 
in particular for authors , performers , phonogram producers and audiovisual 
producers ; 
f) lists of associates and other information appearing on the work’s packaging ; 
g) databases and documentation of other associations representing a specific 
category of right holders . 
 
Article 4  
Institu tions referred to in Article 2 of this Annex  I shall keep records of diligent 
searches conducted. Data from these records shall be delivered to the State Intellectual 
Property Office, which shall forward them to the European Union Intellectual Property Office 
within 30 days  upon their receipt to be stored in a single publicly available database 
established and administered online by that Office in compliance with the Regulation (EU) 
No. 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting 
the European Union Inte llectual Property Office with tasks related to the enforcement of 
intellectual property rights, including the assembling of public and private -sector 
representatives as a European Observatory on Infringements of Intellectual Property Rights . 
 
Article 5  
The records referred to in Article 4 of this Annex  I including the following 
information : 
1. results of diligent searches conducted by these institutions and on the basis of which 
they drew a conclusion that the works are considered to be orphan works;  
2. the use o f orphan works undertaken by these institutions in accordance with the 
provisions of this Act;  
3. all changes regarding  the cessation of the status of orphan works used by these 
institutions;  
4. valid contact data of an institution .