THE ACT ON  
AMENDMENTS 
TO THE COPYRIGHT  
AND RELATED 
RIGHTS  ACT 
 
   
 
   
 
   
 
   
 
   
 
   
 
   
NN 62/20 17 in force from July 8,  2017  
 
 
 
 
                         Zagreb, November  2017  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
November,  2017  
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  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
November,  2017  
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ACT 
ON AMENDMENTS TO THE 
COPYRIGHT  AND RE LATED RIGHTS 
ACT 
 
Article 1 
In the Copyright and Related Rights Act (»Official 
Gazette«, No. 167/03, 79/07, 80/11, 125/11, 141/13 and 127/14) in Article 1a after 
subparagraph 11, the full stop shall be replaced 
by the comma and a new subparagraph (12) shall 
be added to read:  
 
-– 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).  
 
Article 
2 
In Article 13, paragraph (3) shall be supplemented 
with the second sentence to read: »Remuneration 
shall be determined as the price of use in private 
law relationship.  
 
Article 3 
After In Article 32, after paragraph (5), new 
paragraphs 6 and 7 shall be added to read:  
»(6) The obligation to pay the appropriate 
remuneration referred to in paragraph (1) of this 
Article shall arise also when appliances and fixation media  referred to in paragraph (5) of this 
Article are imported in the Republic of Croatia 
from another Member State of the European 
Union.  
(7) The obligation to pay the appropriate remuneration shall not arise where new 
appliances  for sound and visual recording, new 
blank audio or video fixation media and new 
photocopying appliances are brought out of or 
exported from the Republic of Croatia.«.  
Former paragraphs (6) and (7) shall become paragraphs (8) and (9).  
The former paragraph (8), which shall become 
paragraph (10), shall be amended to read:  
»(10) An appropriate remuneration referred to in 
this Article shall be the one that has to be given 
fairly in a legal transaction, whereby when 
determining the amount of an appropriate 
remuneration, in addition to the principles of 
setting the price of using subject matters of 
protection under Article 165 paragraph (1) of this 
Act, the likelihood of damage incurred to the 
author, where his work is reproduced for private or other personal use without his authorisation, the 
application of technological protection measures 
of access to use a work or another subject matter 
of protection, and other circumstances that may 
affect a proper decision on the form and amount   of the appropriate remunerat ion shall be taken into 
account. The appropriate r emuneration cannot 
unreasonably burden the operation of 
manufacturers and importers referred to in 
paragraph 4 of this Article, so that when 
determining the amount of an appropriate remuneration, the price of technical appliances 
and blank audio, video or text fixation media, as well as other relevant market circumstances are to be taken into account. Before initiating a 
procedure to adopt the tariffs under Article 162 of 
this Act for new technical appliances and blank 
audio, video or text fixation media, a collective 
management organisation shall conduct research 
of these technical appliances and blank audio, 
video or text fixation media being actually used for 
reproduction of the subject matters of protecti on, 
and the results thereof shall be taken into account 
when determining the amount of the appropriate 
remuneration. The results of such research shall 
be publicly available at the website of a collective 
management organisation.  
After paragraph (10), paragraphs (11) and (12) 
shall be added to read:  
»(11) All collective management organisations entitled to remuneration referred to in paragraphs 
(1) and (2) of this Article shall authorise one of 
them by contract in writing to manage the rights to 
remuneration on equivalent technical appliances and audio, video or text fixation media referred to 
in paragraphs (1) and (2) of this Article on behalf 
and for the account of others participating in that contract or on its own behalf, and for the account 
of these other collective management organisations. If, after the contract in writing was 
entered into between collective management 
organisations, there shall come a new collective 
management organisation entitled to remuneration 
on equivalent technical appliances an d blank 
audio, video or text fixation media, it shall enter 
into the current contract between organisations 
under the same conditions. There exists an 
obligation to provide the information under Article 
161 of this Act only in relation to the collective 
management organisation managing the rights on 
behalf of other collective management organisations. The obligation of entering into the 
contract whereby collective management 
organisations appoint one organisation to manage 
their rights, as well as of provid ing information to 
only one collective management organisation as referred to in this paragraph, shall not be applied if 
there are justified reasons to refuse to enter into 
such contract, which have to be adequately 
explained.  
(12) Until such time as the procedure of setting the tariff of remuneration referred to in paragraph (1) 
of this Article is completed as provided by Article 
162 of this Act, the remuneration shall be paid in 
accordance with the current tariff. By way of 
exception from Article 162 paragraph (7) of this  
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Act, if the current tariff does not comprise an 
individual technical appliance or an audio, video or 
text fixation medium, until such time as the 
procedure of setting the tariff as provided by 
Article 162 of this Act is completed, the user shall 
pay the undisputed amount of remuneration as proposed by the tariff, and for the disputed 
amount a collective management organisation 
may request from the user to provide adequate 
quality payment insurance, which the user shall provide within the time limit set by the collective 
management organisation. If the user fails to provide quality payment insurance of the disputed 
amount of remuneration within the given time limit 
as requested by the collective management 
organisation, the user shall mak e an advance 
payment as proposed by the tariff . 
 
Article 
4 
Above the heading of Article 154, the chapter 
heading shall be added to read: »Chapter 1 
GENERAL PROVISIONS«.  
 
Article 5 
The heading above Article 154 shall be amended 
to read: »DEFINITIONS«.  
Article 154 shall be amended to read:  
»Individual definitions in terms of this Act shall 
have the following meaning:  
a) »the management of copyright or related 
rights« shall include in particular:  
– giving authorisations for the use of the subject 
matter o f copyright and related rights (subject 
matters of protection), except in cases where this 
authorisation is not required by this Act , 
– collecting of the price for the use of the subject 
matters of protection, where used subject to payment of remuneration expressed as the price 
of usage,  
– distributing of collected income from the rights to 
the rightholders , 
– supervising the use of the subject matters of 
protection,  
– initiating and carrying out protection proceedings 
in the case of infringement of the rights having been managed;  
b) »collective management organisation« is any 
organisation which is authorised by law, power of 
attorney or by a contract authorised to manage 
copyright and related rights on behalf of two or 
more rightholders regardless of whether it acts on 
its own behalf or on behalf of rightholders, for the 
collective benefit of those rightholders, as its sole 
or main purpose, and which fulfils the following 
criteria : 
– it is owned or controlled by its members, and 
– it is organised on a not -for-profit basis ; 
c) »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 ; 
d) »independent management entity« is any organisation which is authorised by law or a 
contract to manage copyright or related rights on behalf of two or more rightholders regardless of 
whether it act s on its own behalf or on behalf of 
rightholders, for the collective benefit of those 
rightholders, 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 f or-profit basis , whereby neither 
producers, broadcasters and publishers who 
manage their own rights and other holders’ rights transferred to them on the basis of individually 
negotiated agreements and who act in their own interest, nor rightholders’ managers and agents 
acting as intermediaries and representing 
rightholders in their relations with collective 
management organisations, shall not be regarded 
as independent management entities ; 
e) »rightholder« is any person or entity, other than a collective management organisation, that holds 
a copyright or related right or, under an agreement 
for the exploitation of rights or by law, is entitled to 
a share of the rights revenue;  
f) »member« is a rightholder or an entity representing rightholders (including other 
collective management organisations and 
associations of rightholders), fulfilling the 
membership requirements of the collective 
management organisation and admitted by it ; 
g) »statute« is the fundamental general act 
containing the rules of constituti on and operation 
of a collective management organisation in terms 
of regulations governing status issues of legal 
persons ; 
h) »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;  
i) »board member« is : 
a. any member of the management board where the law or the statute of the collective 
management organisation provides for a unitary 
board,  
b. any member of the management board or the 
supervisory board where the law or the statute of 
the collective management organisation provides 
for a dual board;  
j) »rights revenue« is income collected by a 
collective management organisation on behalf of 
rightholders, whether deriving from an exclusive 
right or a right to remuneration;  
k) »management fee« is the amount charged, deducted or offset by a collective management 
organisation from rights revenue or from any 
income arising from the investment of rights  
 
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revenue in order to cover the costs of its 
management of copyright or related rights ; 
l) »representation agreement« is any agreement 
between collective management organisations 
whereby one collective management organisation 
mandates another collective management 
organisation to manage the rights it represents, 
including an agreement concluded under Articles 
168k and 168l of this Act ; 
m) »user« is any person or entity that is carrying 
out acts subject to the authorisation of rightholders 
or payment of compensation expressed as a price of use to rightholders, and is not acting in the 
capacity of a consumer ; 
n) »repertoire« is a set of copyright works or 
subject matters of related rights in respect of 
which a collective management organisation 
manages rights ; 
o) »multi -territorial licence« is a licence which 
covers the territory of more than one Member 
State of the European Union;  
p) »online rights in musical works« are the rights 
of an author in musical works provided for under Articles 19 and 21 including the right under Article 
30 of this Act, which need to be regulated for the 
provision of online services.«.  
 
Article 
6 
Article 155, paragraph (2), the words: »an 
association referred to in Article 157 of this Act« 
shall be replaced by the words: »a collective 
management organisation«.  
Paragraph (3) shall be deleted.  
 
Article 7 
In Article 156, a new paragraph (1) shall be added to read:  
»(1) The collective management organisation shall act in the best interests of the rightholders whose 
rights they represent. The collective management 
organisation cannot impose any obligations on 
them which are not objectively necessary for the 
protection of their rights and interests and for the 
effective management of their rights.«.  
In the former paragraph (1), which becomes 
paragraph (2), after the word: »include« the word: 
»the following« shall be deleted and the words: 
»in particular the following rights« added.  
In the former paragraph (2), which becomes paragraph (3), the words: »paragraph (1)« shall 
be replaced by the words: »paragraph (2)«, and 
the word: »association« shall be replaced by the 
word: »organisation«.  
In the former paragraph (3), which becomes paragraph (4), the number: »2« shall be replaced 
by the number: »3«, and the words: »of copyright and related rights« shall be deleted.  
 
Article 
8 
The heading above Article 157 shall be amended 
to read: »REQUIREMENTS FOR COLLECTIVE  
  
MANAGEMENT OF RIGHTS BY COLLECTIVE 
MANAGEMENT ORGANISATIONS«.  
Article 157 shall be amended to read:  
»(1) Collective management of rights on the 
territory of the Republic of Croatia may be carried 
out by a collective management organisation which has the authorisation granted by the State 
Intellectual Property Office (hereinafter: 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:  
a) has its principle place of establishment in the 
European Un ion, 
b) has adequate material and human resources to perform the activity of collective management, whereby minimum resources are represented by 
adequate premises, equipment and technical 
service with at least one employee with an 
undergraduate and graduat e university degree in 
law, and  
c) is engaged in the collective management of 
rights as its sole or main activity.  
(3) The collective management organisation shall 
manage the rights in its own name or on behalf of 
the rightholders, and for the account of t he 
rightholder.  
(4) For collective management of rights, the Office 
can grant an authorisation to only one collective 
management organisation for a particular category 
of rights and a particular category of rightholders, 
taking into account the number of members based 
on powers of attorney received, the number of joint representation agreements with collective 
management organisations in other states as well 
as other circumstances indicating that this 
collective management organisation would be the 
most ef ficient one in collective management of 
rights.  
(5) It shall be presumed that the collective 
management organisation referred to in paragraph 
(4) 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 rightholder who has 
notified the collective management organisation 
explicitly in writing not to manage his rights.  
(6) The decision passed by the Office in the 
procedure of granting the authoris ation referred to 
in paragraph (1) of this Article cannot be 
appealed, but an administrative dispute can be 
initiated.  
(7) The collective management organisation shall inform a user on his request of the rightholders whose rights it does not manage based on the 
notification referred to in paragraph (5) of this 
Article.«.  
 
 
 
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Article 9 
The heading above Article 158 shall be amended 
to read: »MANAGEMENT OF RIGHTS AND 
MUTUAL REPRESENTATION«.  
Article 158 shall be amended to read:  
»(1) A collective management organisation may 
manage, one, two or more types of rights that 
usually relate to a particular category of 
rightholders.  
(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 entrusted collective management 
organisation shall manage the rights on 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 (for example, invoicing of users or distributing amounts due to rightholders) under 
its control  to another natural or legal person, in the 
form of a written contract. Such contract 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 ki nd of rights. In 
this case, the collective management organisation 
cannot discriminate the rightholders whose rights 
it manages, particularly in relation to applicable 
prices, management fee and the conditions of 
collecting the rights revenue and distribut ing 
amounts due to rightholders.«.  
 
Article 
10 
The heading above Above the heading of Article 
159, the chapter heading shall be added to read: 
»Chapter 2 RELATIONSHIP BETWEEN THE 
COLLECTIVE MANAGEMENT ORGANISATION 
AND A RIGHTHOLDER«.  
 
Article 11 
The heading above Article 159 shall be amended 
to read: »RIGHTHOLDER’S RIGHTS«.  
Article 159 shall be amended to read:  
»(1) The rightholder 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 subject 
matter of related rights of his own choice, for the 
states of his own choice, irrespective of the Member State of nationality, residence or place of  
  
establishment. The chosen collective 
management organisation resident or established 
in the Republic of Croatia shall acc ept the 
management of such rights, categories of rights or 
types of works or subject matters 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 r ightholder shall have the right to grant 
licences for non- commercial uses of any rights, 
categories of rights or types of works and other 
subject matter that he may choose, and a collective management organisation shall inform 
the rightholders whose rights  it manages of the 
conditions under which rightholders may grant 
licences for non- commercial uses of their rights or 
subject matter of the related rights which they authorised this collective management 
organisation to manage. Non- commercial use is 
considered to be the use with no economic benefit 
provided either directly or indirectly.  
(3) The rightholder may terminate the 
authorisation to manage rights granted by him to a 
collective management organisation entirely or in 
relation to a particular right, a category of rights or 
a type of works or subject matter 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 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 rightholder 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 s uch authorisation shall be 
evidenced in writing, documenting specific rights, 
categories of rights or types of works or subject 
matter of related rights covered thereby.  
(6) A collective management organisation shall 
provide in its statute and/or membership rules that 
rightholders shall at least have the rights as 
referred to in this Article, publish it on its website, and inform rightholders of these rights before their 
granting licences for management.«.  
 
Article 
12 
After Article 159, Articles 159a and 159b and headings above them shall be added, Chapter 3 
with Articles 159c, 159d and 159e and headings above them to read:  
»Membership Rules of a Collective Management 
Organisation  
 
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Article 159 a  
 (1) A collective management organisation shall 
accept all rightholders and entities representing 
rightholders, including other collective management organisations and associations of 
rightholders, as members if they fulfil the 
membership requirements, which shall be based 
on objective, transparent and non- discriminatory 
criteria. Those membership requirements shall be 
included in the statute or another act to set out 
membership terms of the collective management organisation and shall be made publicly available. 
In cases where a collective management 
organisation refuses to accept a request for 
membership, it shall provide the rightholder with a clear explanation of the reasons for its decision.  
(2) 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 shall be fair and balanced.  
(3) A collective management organisation shall 
ensure that its members communicate with it by 
electronic means, including for the purposes of exercising members’ rights . 
(4) A collective management organisation shall 
keep records of its members and shall regularly update those records . 
Rights of Rightholders Who Are Not Members of 
the Collective Management Organisation  
 
Article 
159 b  
A collective management organisation shall 
accordingly apply all the rights pertaining to its 
members to the rightholders it represents based on a presumed power of attorney and to the 
rightholders 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.  
 
Chapter 3 
INTERNAL STRUCTURE OF THE COLLECTIVE 
MANAGEMENT ORGANISATION  
 
General Assembly of Members of the Collective 
Management Organisation  
 
Article 159 c  
(1) A general assembly of members shall be 
convened at least once a year . 
(2) The general assembly of members shall 
decide at least on the following issues : 
– 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 genera l performance and approval 
of their 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 rightholders ; 
– 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 rightholders;  
– 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 mortgage 
of immovable property  owned by the collective 
management organisation;  
– the approval of mergers and alliances, the 
setting -up of subsidiaries, and the acquisition of 
other entities or shares or rights in other e ntities ; 
– the approval of taking out loans, granting loans 
or providing security for loans . 
(3) 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.  
(4) The general assembly of members may 
delegate the powers listed in paragraph (2) 
subparagraphs (7) –  (10) of this Article, by a 
resolution or by a provision in the statute, to the 
body exercising the supervisory function of the 
management of a collective management 
organisation.  
(5) The general assembly of members shall be 
authorised to supervise the oper ation 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 168d of this Act.  
(6) All members of the collective managem ent 
organisation 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 organisation 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:  
 
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– duration of membership,  
– amounts received or due to a member . 
(7) 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 rightholders 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 w hich the 
appointing member would be entitled and the 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 detailed 
restrictions regarding the appointment of proxy 
holders and their voting rights on behalf of the 
appointing members.  
(8) The collective management organisation may 
set out in its statute that the powers of the general asse mbly 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- maki ng process is 
ensured; and  
– the representation of the different categories of 
members in the assembly of delegates is fair and balanced.  
(9) Paragraph (8) of this Article shall apply to the 
assembly of delegates mutatis mutandis . 
(10) Where a collective m anagement 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 159d of this Act. In this case, the rules 
laid down in this Article, except for paragraphs (3) 
and (4) of this Article, shall apply mutatis mutandis  
to such body exercising the supervisory function.  
(11) Where a collective management organisation 
has members who are only entities representing 
rightholders, all or some of the powers of the general assembly of members under this Article 
may be transferred to a general assembly of those 
entities. In this case, the rules laid down in this 
Article, except for paragraphs (8) to (10) shall 
apply mutatis mutandis  to the general assembly of 
those entities . 
  
  
Supervisory Function  
 
Article 
159 d  
(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 organisation 
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 paragraph (3) of Article 
159e of this Act, to the general assembly of 
members . 
(4) The body exercising the supervisory function 
shall meet regularly and shall have at least the following powers : 
– to exercise the powers delegated to it by the 
general assembly of members, including the 
powers under Article 159c paragraph  (2) 
subparagraph 2 and paragraph (4) of this Act, and  
– to monitor the activities and the performance of 
the duties of the persons referred to in Article 
159e 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 159c paragraph (2) 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 at least once a 
year. 
Obligations of the Persons Who Manage the 
Business of the Collective Management 
Organisation  
 
Article 
159 e  
(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, and where such conflicts cannot be 
avoided, it 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 rightholders 
whom the organisation represents . 
(3) The procedures referred to in paragraph (2) of 
this Article shall include the obligation of an 
individual statement by each of the persons who  
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manage the business of the collective 
management organisation to the general 
assembly of members, containing t he 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 oth er types of 
benefits ; 
– any amounts received in the preceding financial 
year as a rightholder 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.«.  
 
Article 
13 
Above Article 160, the chapter heading shall be added to read: »Chapter 4 RELATIONSHIP WITH 
THE USERS OF SUBJECT MATTER OF 
PROTECTION«.  
Article 160 shall be amended to read:  
»(1) Prior to starting to use a particular subject 
matter 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. The authorisation shall include 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.  
(3) A user shall subm it 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 
withdra w the authorisation.  
(4) 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.  
(5) A legal or natural person which or who allows 
the use of its or his/her premises to another person who uses subject matters of protection in 
such space, shall check whether that person has 
adequate authorisation for the use of the subject 
matter of protection. Where a legal or a natural 
person has allowed the use of its or his/her 
premises to a person not having such 
authorisation, although knowing or having reasons to know that subject matters of protection will be 
used in such premises, shall be jointly and 
severally liable to p ay a corresponding 
remuneration for the use of the subject matter of 
protection..«.  
 
Article 
14 
The heading above Article 161 shall be amended to read: »USER’S OBLIGATIONS«.  
Article 161 shall be amended to read:  
»(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 t o 
rightholders. 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 related area (voluntary 
industry standar ds). 
(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.  
(3) In case of insufficient information on or an unauthorised use of the subject 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 
request 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 special regulations.«.  
 
Article 
15 
The heading above Article 162 shall be amended to read: »PRICE FOR THE USE OF SUBJECT 
MATTERS OF PROTECTION«.  
Article 162 shall be amended to read:  
»(1) A price and other requirements for the use of 
the subject matter of protection shall be regulated primarily by a contract between a collective 
management organisation and a user of the 
subject matter of protection  or by a contract 
between a collective management organisation and a chamber of users of the subject matter of   THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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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 subject matter 
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 shal l conduct 
negotiations for entering into such contracts in 
good faith and provide each other with all the 
information 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 pa id 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 deemed 
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 written 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 on arbitration in advance, establishing 
to settle any dispute in the procedure of setting the tariffs in arbitration. Arbitration sha ll be 
conducted in compliance with the provisions as 
referred to in Article 162a 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 Dealing with 
Remunerations for Copyright and Related Rights (hereinafter referred to as: the Council of Experts) 
for its opinion on the subject matter 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 prolong the time- limit for rendering its 
opinion maximum by another 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 (3), (4) and (5) 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 tariffs for a particular type of using the 
subject matter of protection are not approved.  
  
(8) The opinion of the Council of Experts referred 
to in paragraph (6) of this Article shall contain its 
evaluation of whether the tariffs relate to the rights 
for management of which a collective 
management organisation has the authorisation 
granted by the Office, and whether the prices 
conform to the princ iples referred to in Article 165 
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 deemed that it agrees with the proposed tariffs.  
(9) After the completion of the procedures referred 
to in this Article, the tariffs shall be published on 
the website of a collective management 
organisation, and they shall apply to all users who 
use the subject matters 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 paragraph (3) of this 
Article.«.  
 
Article 
16 
After Article 162, Article 162a and the heading above it shall be added to read:  
»Setting the tariffs before the arbitration  court  
 
Article 
162a 
(1) In compliance with the provisions as referred to in Article 162 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 (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, 
regardless of the value of the subject 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 164a 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 party 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 
associ ations of users, they are all together 
deemed to be one party to the arbitration process.  
(4) The tariffs of a collective management  
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 11  
  
organisation shall be determined by arbitration 
award in compliance with the principles as 
referred to in Article 165 of  this Act.  
(5) The tariffs determined by arbitration award as 
referred to in paragraph (4) of this Article, 
pursuant to Article 168c of this Act, shall be 
published on a website of the concerned collective 
management organisation and shall apply to all 
users who use the subject matters 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 162 paragraph (3) of this Act.«.  
 
Article 
17 
After Article 164,  Article 164a and the heading 
above it shall be added to read:  
»Structure and responsibilities of the arbitration 
court  
Article 164a 
Arbitration court has three arbitrators who are 
appointed from the List of Arbitrators in 
proceedings without international  elements before 
the Permanent Arbitration Court at the Croatian 
Chamber of Commerce and who need to be 
experts in the field of copyright and related rights. President of the arbitration court needs to be a 
judge or an ex -judge of the High Commercial 
Court  of the Republic of Croatia. Each party shall 
appoint one arbitrator in an arbitration agreement 
as referred to in Article 162 paragraph (5) of this 
Act. Thus appointed arbitrators shall appoint a 
president of the arbitration court no later than within 15 days upon conclusion of the arbitration 
agreement. If arbitrators appointed by the parties 
cannot agree on the president of the arbitration court, he will be appointed by the president of the 
Permanent Arbitration Court at the Croatian 
Chamber of Commerce. «. 
 
Article 
18 
The heading above Article 165 shall be amended to read: »PRINCIPLES FOR SETTING THE 
PRICES FOR USING SUBJECT MATTERS OF 
PROTECTION«.  
Article 165 shall be amended to read:  
»(1) The price for the use of the subject matters of 
protection must be appropriate, regardless of 
whether it is a matter of exclusive rights or rights 
to remuneration. 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 matters of protection, the economic value 
of the service provided by a collective 
management organisation and accordingly the 
tariffs applicable in other Member S tates 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 gr oups of pensioners, children and people 
with disabilities, shall be taken into account to an 
appropriate extent.  
(3) A collective management organisation shall notify the user concerned of the criteria it has taken into account with setting the tariffs.  
(4) With setting the price for using subject matters 
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 subject matter of protection is 
essential for the activity of a user in a way that its 
activity depends on such use, as it i s in cases of 
broadcastings, concert, dance or other uses of the 
subject matter against payment, the price shall be 
fixed in principle as a percentage of the income, or 
earning from such use.  
(6) The price can be fixed as a percentage of the costs necessary for the use of the subject matter 
of protection, such as fees or salaries of 
performing artists, or the costs of using the 
facilities for the use of the subject matter of 
protection or another corresponding costs, if the 
costs necessary for the use of the subject matter 
of protection are disproportionate in relation to the 
income from such use.  
(7) In addition to the prices fixed as a percentage, 
the minimum amounts of the prices shall be 
specified.  
(8) If the use of the subject matter of protecti on is 
not essential for a user, but is useful or enjoyable 
(for example, 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.  
(9) When setting the price as a lump sum 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 subject matter of protection shall be 
taken i nto account, such as the type of the use, 
place and geographical location, category and size of the facilities for the use of the subject 
matter of protection, duration and number of the 
uses, and difference in prices regarding a user’s 
business.  
(10) If a user fails to submit the information 
required for setting the price for the use of the 
subject matter of protection, a collective 
management organisation may establish itself this 
information according to information collected in 
compliance with Article 161 or 165a of this Act, or 
in another appropriate way.«.  
  
 
 
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Article 19 
After Article 165, Article 165a and the heading 
above it, the heading of chapter 5 and Article 165b 
and the heading above it shall be added to read:  
»Monitoring the use of subject matters of 
protection  
 
Article 165a 
(1) A collective management organisation may, in 
compliance with the authorisation of a rightholder as referred to in Article 159 of this Act, monitor the 
use of the subject matter of protection for which it 
has authorisation for collective management of 
rights granted by the Office.  
(2) Users of subject matters of protection shall provide a collective management organisation 
with information relevant for such management 
and enable the inspection of relevant 
docum entation.  
(3) At a request of collective management 
organisations, the state administration bodies 
responsible for monitoring and inspections in the 
internal market, and the customs services, as well 
as competent police administrations and police 
stations shall provide assistance to the collective 
management organisations in exercising monitoring as referred to in paragraph (1) of this 
Article regarding the use of the subject matter of 
protection.  
(4) At a request of an author, or a collective 
management or ganisation, the competent police 
administration or a police station shall prohibit a 
performance at which subject matters of 
protection are used, if its organiser does not have 
the authorisation of the author, that is, of a 
collective management organisati on. 
 
Chapter 5 
MANAGEMENT OF RIGHTS REVENUE  
Collection and use of rights revenue  
 
Article 165b 
(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:  
a) rights revenue and any income arising from the 
investment of rights revenue; and  
b) 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 
rightholders, except where it is allowed to deduct 
or offset its management fees in compliance wi th 
Article 159c paragraph (2) subparagraph 6 or 
where it is allowed in compliance with a decision  
  taken in accordance with Article 159c paragraph 
(2) of this Act.  
(4) 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 rightholders 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 investment of rights revenue referred to 
in Article 159c paragraph (2) 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 investment is made in the sole 
interest of those rightholders ; 
– 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 diversified in order 
to avoid excessive reliance on any particular asset and accumulations of risks in the portfolio as a 
whole.«.  
 
Article 
20 
The heading above Article 166 shall be amended 
to read: »DISTRIBUTION OF RIGHTS 
REVENUE«.  
 
Article 21 
In Article 166 paragraph (1) the words: »collected 
remunerations« shall be replaced by: »rights 
revenue«.  
In paragraph (2) the words: »collected remunerations« shall be replaced by: »rights 
revenue«.  
 
Article 
22 
The heading above Article 167 shall be amended to read: »GENERAL POLICY ON DISTRIBUTION 
OF AMOUNTS DUE TO RIGHTHOLDERS«.  
Article 167 shall be amended to read:  
»(1) A collective management organisation shall 
regularly, diligently and accurately distribute and 
pay amounts due to rightholders in accordance 
with the general policy  on distribution referred to in 
Article 159c paragraph (2) subparagraph 3 of this Act. 
(2) The general policy on distribution of amounts 
due to rightholders referred to in Article 159c 
paragraph (2) subparagraph 3 of this Act shall 
contain in particular pr ovisions concerning:  
– subject matter of protection and rightholders 
which the general policy on distribution of amounts 
due to rightholders applies to,  
– determination of a share of a particular 
rightholder in collected rights revenue, which may 
stimulate  the subject matters of protection of a 
particular value for culture and national creativity,  
– determination of amounts to be paid after the  
 THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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 13  
  
deduction of cost incurred in managing of the 
right, the allocation for funds envisaged by law, 
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 rightholders.  
(3) Contracts on distribution concluded between 
the rightholders of the same work shall override 
the general policy on distribution of amounts due to rightholders.  
(4) A collective management organisation or its 
members who are entities representing 
rightholders shall pay due amounts to rightholders 
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 reporting by users, identification of rights, rightholders or matching of 
information on work s and other subject matters of 
related rights with rightholders prevent that 
deadline from being met.  
(5) Where the due amounts cannot be distributed 
within the deadline set in paragraph (4) of this 
Article because the relevant rightholders cannot 
be ident ified 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 rightholders. In particular, at the latest three months upon expiry of the deadline set in 
paragraph (4) of this Article, the collective management organisation shall make available 
information on works and subject matters of 
related rights for which one or more rightholders 
have not been identified or located to:  
– the rightholders that it represents or the entities 
representing rightholders, who are members of 
the collective management organisation; and  
– all collective management organisations with 
which it has concluded representation 
agreements.  
The information shall include, where available, in 
particular:  
– the title of the work or the subject matter of 
related rights;  
– the name of the righth older;  
– the name of the relevant publisher or producer; 
and 
– any other relevant information available which 
could assist in identifying the rightholder.  
The collective management organisation shall 
also verify the records referred to in Article 159a 
paragraph (4) of this Act and other available 
records. If the abovementioned measures fail to produce results, the collective management 
organisation shall mak e the information on the 
failure of identifying and locating the rightholder available to the public at the latest one year upon  
  
expiry of the three- month period.  
(7) Where the amounts due to rightholders 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 rightholder 
have been taken, those amounts shall be deemed 
non-distributable.  
(8) 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 
159c paragraph (2) subparagraph 4 of this Act, 
without prejudice to the right of rightholders to 
claim due amounts in accordance with the statute 
of limitations of three years.  
(9) General statement of account regarding distribution shall be established by a competent body of a collective management organisation, 
and audited and evaluated by an author ised 
auditor.  
(10) A collective management organisation shall deliver its statement of account regarding distribution referred to in paragraph (9) of this 
Article to the Office within 15 days upon receipt of 
the audit report.«.  
 
Article 
23 
The heading above Article 167a shall be amended 
to read: »MANAGEMENT FEES AND OTHER 
DEDUCTIONS AND PROMOTION OF 
CREATIVITY AND CULTURAL DIVERSITY«.  
Article 167a shall be amended to read:  
»(1) A collective management organisation shall provide the rightholder 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 this Ar ticle, 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,  
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unless it is a matter of the rights revenue collected 
from remunerations for reproduction for private or 
other personal use referred to in Article 32, Article 
128, paragraph (1), Article 136, Article 141 and 
Article 145 paragraph (1) 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 c ollective management organisation to 
rightholders, 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 the 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, thos e services.«.  
 
Article 
24 
After Article 167a, Article 167b and the heading 
above it shall be added to read:  
»Distribution, management fees and deductions 
under representation agreements  
 
Article 167b 
(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 make 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 to reporting by users, 
identification of rights, rightholders or matching of 
information on works and subject matters of 
related rights with rightholders 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 reporting by users, 
identification of rights, rightholders or matching of information on works and other subject matters of 
related rights with rightholders prevent that 
deadline from being met.«.  
 
Article 
25 
Above the heading of Article 168, the heading of chapter shall be added to read: »Chapter 6 
TRANSPARENCY AND REPORTING«.  
The heading above Article 168 shall be amended to read: »INFORMATION PROVIDED TO 
RIGHTHOLDERS ON THE MANAGEMENT OF 
THEIR RIGHTS«.  
Article 168 shall be amended to read:  
(1) A collective management organisation shall 
make available, not less than once a year, to 
rightholders to whom it has attributed rights revenue or made payments in the period to which 
the information relates, at least the following 
information:  
a) any contact details which the rightholder has authorised the collective management 
organisation to use in order to identify and locate 
the rightholder;  
b) the rights revenue attributed to the rightholder;  
c) the amounts paid by the collective management organisation to the rightholder per category of rights managed and per type of use;  
d) the period during which the use took place for 
which amounts were due to be attributed and paid 
to the rightholder, unless objective reasons 
relating to reporting by users prevent the collective 
management organisation from doing so;  
e) deductions made in respect of management fees;  
f) deductions made for any purpose other than in 
respect of management fees, including those for 
the provision of any cultural, social and 
educational services, and  
g) any rights revenue attributed to the rightholder 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 rightholders, 
the collective management organisation shall provide the information listed in paragraph (1) of 
this Article 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 
rightholders to whom they have attributed rights 
revenue or made payments in the period to which 
the information relates.«.  
 
 
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Article 26 
After Article 168, Articles 168a, 168b, 168c and 
168d and headings above them, Chapter 7 with Articles 168e, 168f, 168g, 168h, 168i, 168j, 168k, 
168l, 168m, 168n and 168o and headings above 
them, Chapter 8 with Articles 168p, 168r, 168s, 
and 168t and headings above them shall be 
added to read:  
»Information provided to other collective 
management organisations on the management of 
rights under representation agreements  
 
Article 
168a 
A collective management organisation shall make at least the following information available, not 
less than once a year and by e lectronic means, to 
collective management organisations on whose 
behalf it manages rights under a representation 
agreement, for the period to which the information relates : 
a) 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 ; 
b) deductions made in respect of management 
fees; 
c) deductions made for any purpose other than in 
respect of management fees , including those for 
the provision of any cultural, social or educational services;  
d) information on any licences granted or refused 
with regard to works and other subject matter 
covered  by the representation agreement , and  
e) 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 . 
Inform ation provided to rightholders, other 
collective management organisations and users on request  
 
Article 
168b 
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 at 
least the following information available by 
electronic means and without undue delay : 
a) the works or other subject matter it represents, 
the rights it manages, direc tly or under 
representation agreements, and the territories 
covered; or  
b) where, due to the scope of activity of the 
collective management organisation, such works 
or other subject matter cannot be determined, the 
types of works or of other subject matter  it 
represents, the rights it manages and the  
  
 
territories covered.  
 
Disclosure of information to the public  
 
Article 168c 
A collective management organisation shall make 
public on its website and continuously update at 
least the following information:  
a) its statute ; 
b) its membership terms and the terms of 
termination of authorisation to manage rights, if 
these are not included in the statute;  
c) standard licensing contracts ; 
d) standard applicable tariffs, including discounts ; 
e) the list of the persons referred to in Article 159e 
of this Act;  
f) its general policy on distribution of amounts due 
to rightholders ; 
g) its general policy on management fees ; 
h) 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 ; 
i) a list of the representation agreements it has 
entered into, and the names of the collective 
management organisations with which those 
representation agreements have been concluded ; 
j) the general policy on the use of non- distributable 
amounts; and  
k) the complaint handling and dispute resolution 
procedures available in accordance with Articles 168p, 168r and 168s of this Act.  
 
Annual transparency report  
 
Article 
168d 
(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 (3) of this Article, for each 
financial year no later than 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 
at least five years . 
(2) The annual transparency report shall contain at 
least the following information:  
a) 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 ; 
b) a report on the activities in the financial year ; 
c) information on refusals to grant a licence 
pursuant to Article 160 paragraph (2) of this Act;  
d) a description of the legal and governance 
structure of the collective management organisation;  
e) information on any entities directly or indirectly  
 THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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owned or controlled, wholly or in part, by the 
collective management organisation;  
f) information on the total amount of remuneration 
paid to the persons referred in Article 159d 
paragraph (3) and Artic le 159e of this Act  in the 
financial year reported, and on other benefits granted to them ; 
g) the financial information referred to in 
paragraph ( 3) of this Article; and  
h) a special report on the use of any amounts 
deducted for the purposes of social, cul tural and 
educational services, containing the information 
referred to in paragraph (4) of this Article.  
(3) At least the following f inancial information is be 
provided in the annual transparency report : 
a) financial information on rights revenue, per 
category of rights managed and per type of use (e.g. 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 
rightholders or other col lective management 
organisations, or otherwise used) ; 
b) financial information on the cost of rights 
management and other services provided by the 
collective management organisation to 
rightholders, with a comprehensive description of 
at least the following items : 
– all 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 ; 
– 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 regar d 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 165b paragraph (3) and 
Article 167a paragraphs (1), (2) and (3) of this Act;  
– operating and financial costs with regard to 
services other than the management of rights, but including social, cultural and educational services ; 
– resources used to cover costs  of rights 
management;  
– 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  
– the percentages that the cost of the rights 
management and other services provided by the 
collective management organisation to 
rightholders 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 method 
used to allocate such indirect costs ; 
c) financial information on amounts due to 
rightholders, with a comprehensive description of at least the following items : 
– the total amount attribute d to rightholders, with a 
breakdown per category of rights managed and 
type of use;  
– the total amount paid to rightholders, with a 
breakdown per category of rights managed and 
type of use;  
– the frequency of payments, with a breakdown 
per category of righ ts managed and per type of 
use; 
– the total amount collected but not yet attributed 
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;  
– 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;  
– the reasons for the delay  where a collective 
management organisation has not carried out the distribution and payments within the deadline set 
in Article 167 paragraph (4) of this Act;  
– the total non- distributable amounts, along with 
an explanation of the use to which those amounts have been put ; 
d) financia l information on relationships with other 
collective management organisations, with a 
description of at least the following items : 
– amounts received from and paid to other 
collective management organisations, with a breakdown per category of rights, per t ype of use 
and per organisation;  
– 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;  
– 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;  
– amounts distributed directly to rightholders 
originating from other collective management organisat ions, with a breakdown per category of 
rights and per organisation.  
(4) A special report of the collective management 
organisation shall provide at least the following 
information on the use of the amounts deducted 
for the purposes of social, cultural and educational services : 
a) 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  
 
 THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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 17  
  
per type of use;  
b) 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 educational services and of the 
separate amounts used for social, cultural and 
educational services ; and  
c) the amounts as referred in Article 167a 
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 shall 
comprise the financial statements referred to in 
paragraph (2) point a) of this Article, financial 
information referred to i n paragraph (2) points g) 
and h) of this Article, and financial information 
referred to in paragraph (3) of this Article.  
 
Chapter 7  
MULTI -TERRITORIAL LICENSING OF ONLINE 
RIGHTS IN MUSICAL WORKS  
Multi-territorial licensing in the internal market  of 
the European Union  
 
Article 168e 
Collective management organisations established 
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 
musical works  within the European Union 
(hereinafter: multi- territorial licences ). 
 
Capacity to process multi -territorial licences  
 
Article 168f 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
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, at least, with the following 
conditions : 
– to have the ability to identify accurately the 
musical works, wholly or in part, which the collective management organisation is authorised 
to represent ; 
– to have the ability to identify accurately, wholly 
or in part, with respect to each relevant territory, 
the rights and their corresponding righthol ders; 
  
– to make use of unique identifiers in order to 
identify rightholders and musical works, taking into 
account, as far as possible, voluntary industry 
standards and practices developed at international 
or the European Union level;  and 
– to make use of adequate means in order to 
identify and resolve in a timely and effective manner inconsistencies in data held by other 
collective management organisations granting 
multi- territorial licences for online rights in musical 
works . 
 
Transparency of multi -territorial repertoire 
information 
 
Article 
168f 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
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 musical works represented;  
– the rights represented wholly or in part; and  
– the territories covered . 
(2) where necessary , The collective management 
organisation may take reasonable measures  
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 
168h 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall have in place arrangements to 
enable rightholders, other collective management 
organisations and online service providers to 
request a cor rection of the data referred to in 
Article 168f paragraph (2) and Article 168g 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 collecti ve management 
organisation shall ensure that such data are 
corrected without undue delay . 
(2) The collective management organisation shall 
provide rightholders whose 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 168m of this Act with the 
means of submitting to it in electronic form 
information concerning their musical works, their 
rights in those works and the territories in r espect 
of which the rightholders authorise the organisation. When doing so, the collective 
management organisation and the rightholders  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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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 rightholders 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 multi -territorial licences for 
the online rights in musical works under Articles 
168k and 168l of this Act, the mandated collective 
management organisation shall also apply 
provisions under paragraph 2 of this Article with 
respect to the rightholders whose 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 
168i 
(1) A  collective management organisation shall 
monitor the use of online rights in musical works 
which it represents, wholly or in part, by online 
service providers to which it has granted a multi -
territorial licence for those rights . 
(2) The collective managem ent organisation shall 
offer online service providers the possibility of 
reporting by electronic means the actual use of 
online rights in 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 
electronic 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 format which 
takes into account voluntary industry standards or practices developed at international or Union 
level. The invoice shall identify the 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 168f paragraph (2) of this Act and 
the corresponding ac tual 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 i f 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 musical work is r eported, except 
where this is not possible for reasons attributable 
to 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 i nvoice, 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 rightholders  
 
Article 
168j 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall distribute amounts due to 
rightholders accruing from such licences 
accurately and without delay after the actual use 
of the work is reported, except where this is not 
possible for reasons attributable to the user (the 
online service provider ). 
(2) Together with each payment it makes under 
paragraph ( 1) of this Article, the collective 
management organisation shall provide at least 
the following information to the rightholder : 
– the period during which the uses took place for 
which amounts are due to rightholders and the 
territories in which the uses took place;  
– the amounts collected, deductions made and 
amounts distributed by the collective management organisation for each online right in any musical 
work which the rightholder has authorised such 
collective management organisation, wholly or in 
part, to represent, and  
– the rights revenue collected for such rightholder, 
deductions made, and amounts distri buted by the 
collective management organisation in respect of 
each user (online service provider ). 
(3) Where a collective management organisation 
mandates another collective management 
organisation to grant multi -territorial licences for 
the online rights in musical works on its behalf and 
for its account under Articles 168k and 168l of this 
Act, mandated collective management 
organisation shall distribute the amounts referred 
to in paragraph ( 1) of this Article accurately and 
without delay, and shall provide the information 
referred to in paragraph  (2) of 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 rightholders, 
unless the collective management organisations 
agree otherwise.  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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Agreements between collective management 
organisations for multi -territorial licensing  
 
Article 168k 
(1) R epresentation 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 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 
costs 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 the latter’s online rights are to 
be licensed, 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 collective 
management organisation for multi -territorial 
licensing  
 
Article 
168l 
Where a collective management organisation 
which does not grant or offer to grant multi -
territorial licences for the online rights in 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 
organi sation is required to agree to such a request 
if it is already granting or offering to grant multi -
territorial licences for the same category of online 
rights in musical works in the repertoire of one or 
more other collective management organisations . 
 
Article 
168m  
(1) The requested collective management 
organisation as referred to in Article 168l of this 
Act shall respond to the requesting collective 
management organisation in writing and without undue delay . 
(2) T he requested collective management 
organisation as referred to in Article 168l of this Act shall manage the represented repertoire of the 
requesting collective management organisation on the same conditions as those which it applies to 
the management of it s own repertoire and include 
the represented repertoire of the requesting 
collective management organisation in all offers it   
 
addresses to online service providers . 
(3) The management fee for the service provided 
by the requested collective management organisation to the requesting organisation as 
referred to in Article 168l of this Act shall not 
exceed the costs reasonably incurred by the requested collective management organisation.  
(4) The requesting collective management 
organisation as referred to i n Article 168l of this 
Act shall make available to the requested 
collective management organisation all information relating to its own music repertoire 
required for the provision of multi -territorial 
licences for online rights in musical works. Where 
information is insufficient or provided in a form that 
does not allow the requested collective management organisation to meet the 
requirements of this Chapter, the requested 
collective management organisation 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 licensing  
 
Article 
168n 
Where a collective management organisation does not grant or offer to grant multi- territorial 
licences for online rights in musical works or does not allow another collective management organisation to represent those rights for such 
purpose by 31 December 2017, rightholders who 
have authorised that collective management 
organisat ion to represent their online rights in 
musical works can withdraw from that collective 
management organisation the online rights in 
musical works for the purposes of multi -territorial 
licensing in respect of all territories without having to withdraw the online rights in musical works for 
the purposes of mono- territorial licensing on the 
territory of the Republic of Croatia, so as to grant multi- territorial licences for their online rights in 
musical works themselves individually (personally), through a specialised legal person or 
through another collective management 
organisation.  
 
Derogation for online music rights required for 
radio and television programmes  
 
Article 
168o 
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 r ights in musical works 
required by a broadcaster to communicate or make available to the public its radio or television  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
November,  2017 
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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 television programme.  
 
Chapter 8  
ENFORCEMENT MEASURES  
Complaints procedures  
 
Article 168p 
(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, the collection of 
amounts due to rightholders, deductions and 
distributions . 
(2) A collective management organisation shall 
respond in writing to complaints by members or by 
collective management organisations on whose 
behalf they manage rights under a representation 
agreement 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 
168r 
Disputes between a collective management 
organisation and a user concerning their 
relationship, and in particular existing and proposed licensing conditions or a breach of 
contract, can be submitted to an arbitration court 
with expertise in intellectual pr operty law in 
compliance with arbitration regulations or to a 
competent court in compliance with civil 
procedure.  
 
Alternative dispute resolution procedures 
concerning multi -territorial licensing of rights in 
musical works for online use 
 
Article 
168s 
(1) For the purposes of implementing the 
provisions under Chapter 7 of this Act ( Multi -
territorial licensing of online rights in musical works ), the following disputes relating to a 
collective management organisation which grants 
multi- territorial licences for  online rights in musical 
works, established in the Republic of Croatia, can 
be submitted to an arbitration court in compliance 
with arbitration regulations:  
a) disputes with an actual or potential online 
service provider regarding the application of Articles 160, 168g, 168h and 168i of this Act;    
b) disputes with one or more rightholders 
regarding the application of Articles 168g, 168h, 
168i, 168j, 168k, 168l and 168m of this Act;  
c) disputes with another collective management 
organisation regarding the application of Articles 168g, 168h, 168i 168j 168k and 168m 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 subject 
matter of disagreement. The provision of the 
opinion shall be appropriately subject to the 
provisions as referred to in Article 162 paragraph (6) of this Act.  
 
Protection of personal data  
 
Article 
168t 
The processing of personal data carried out within 
the framework of this Act shall be subject to the 
application of the act providing for personal data 
protection.«.  
 
Article 27 
Article 169 shall be amended to read:  
»(1) The Office shall grant authorisations to the organisations referred to in Article 157 of this Act.  
(2) The Office shall keep the records of the 
collective management organisations on the 
territory of the Republic of Croatia.  
(3) The Office conducts inspection of the work of 
the collective management organisations 
established in the Republic of Croatia in terms of 
performing the acti vity in compliance with this Act.  
(4) As to the operation of collective management organisations managing the rights on the territory 
of the Republic of Croatia, but established in other Member States of the European Union, the Office 
conducts inspection of their work in compliance 
with corresponding regulations of that Member 
State having incorporated the Directive 
2014/26/EU. Inspection is conducted pursuant to 
Article 170 paragraph (2) b) of this Act and as 
provided by Article 171a of this Act.  
(5) The O ffice shall revoke the authorisation 
referred to in paragraph (1) of this Article by a decision, if a collective management organisation 
established in the Republic of Croatia ceased to 
comply with the prescribed criteria of managing 
the rights or if it seriously and repeatedly violated the provisions of this Act. In such case, prior 
notice in writing shall be given to the collective 
management organisation by the Office, and the 
Office shall set an appropriate time limit for the 
collective management organ isation to eliminate 
the found irregularities. This provision shall be 
accordingly applied in compliance with the 
provisions of Article 171a to the collective 
management organisations established in another 
Member State of the European Union, and collectiv ely managing the rights on the territory of 
the Republic of Croatia.  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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(6) The decision as referred to in paragraph (5) of 
this Article cannot be appealed, but it can be 
submitted to an administrative dispute resolution.  
(7) A decision on the grant of the authorisation for 
collective management of rights to a collective 
management organisation as referred to in 
paragraph (1) of this Article and a decision of 
revocation of such authorisation shall be 
published in the Official Gazette of the State Intellectual Property Office.  
(8) The Minister responsible for the operation of 
the Office shall enact the Regulations on 
Professional Criteria and Procedure of Granting 
Authorisations for Collective Management of 
Rights and Remunerations for Operation of the 
Council  of Experts.«.  
 
Article 
28 
Above Article 170, the heading of chapter shall be added to read: »Chapter 9 SUPERVISION OF 
COLLECTIVE MANAGEMENT OF RIGHTS«.  
Article 170 shall be amended to read:  
»(1) When conducting the inspection, an employer 
of the Office responsible for carrying out 
inspection procedure (hereinafter: the inspector) 
shall be authorised to require insight in the documents and business records regarding the 
collective management of rights.  
(2) Inspection of the operation of collective 
managem ent organisations can be regular and 
special, whereby:  
a) regular inspection shall be conducted 
periodically, usually once a year;  
b) special inspection can be conducted upon a 
duly justified request by members of a collective 
management organisation, user s, another 
collective management organisation or another person legally interested in such inspection in 
order to warn of the actions or circumstances that 
represent, in the opinion of the requester, violation 
of this Act concerning collective management of rights, or it can be conducted ex officio  if the 
Office in any way becomes aware of potential 
irregularities in the operation of a collective 
management organisation.  
(3) If during the inspection the inspector finds that 
a collective management organisation established 
in the Republic of Croatia manages the rights 
contrary to the issued decision or contrary to the 
provisions of this Act, he shall order 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 established in the Republic of Croatia keeps managing the rights 
contrary to the requirements as prescribed 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   
 169 paragraph (1) of this Act.  
(5) The decision as referred to in paragraphs (3) 
and (4) of this Article cannot be appealed, but it can be submitted to an administrative dispute 
resolution.  
(6) The provision referred to in paragraph (3) of 
this Article shall be accordingly applied in 
compliance with the provisions of Art icle 171a to 
the collective management organisations 
established in another Member State of the 
European Union, and collectively managing the rights on the territory of the Republic of Croatia.  
(7) Where a collective management organisation 
is registered as an association, the inspector shall 
inform the state administration office keeping the 
registration records of associations about the 
measures undertaken as referred to in paragraphs 
(3) and (4) of this Article.  
(8) The inspector has the right to partici pate in the 
general assembly as referred to in Article 159c of this Act 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.«.  
 
Article 
29 
Article 171 shall  be amended to read:  
»The Office shall perform professional, technical 
and administrative activities related to the 
establishment and operation of the Council of 
Experts and other activities within its competence 
in this field.«.  
 
Article 30 
After Article 171, Article 171a and the heading 
above it and Chapter 10 and Articles 171b, 171c 
and 171d as well as headings above them shall be 
added to read:  
»Cooperation with competent authorities in other 
Member States of the European Union and the 
European Commissi on 
 
Article 171a 
(1) The Office shall provide a reply within an appropriate time limit to the request for delivery of 
information on the application of Directive 
2014/26/EU, including in particular the information 
on the activities of collective management  
organisations established 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 Offic e shall not reply to 
insufficiently justified requests.  
(2) Where the Office considers that a collective management organisation established in another 
Member State of the European Union but acting 
within the territory of the Republic of Croatia may 
not be complying with the provisions of the 
national law of that Member State which have  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
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been adopted pursuant to the requirements laid 
down in Directive 2014/26/EU, it may transmit all 
relevant information to the competent authority of 
the Member State desig nated 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 action within 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 
organisations, 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 authorities 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 of 
multi- territorial licensing of online rights in musical 
works and fostering a regular exchange of all the 
relevant information between the European 
Commission and the Office, providing the 
European Commission with reports on the 
situat ion and development of multi -territorial 
licensing in the Republic of Croatia by 10 October 
2017, regular reporting on changes to the list of the collective management organisations 
established 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.  
 
Chapter 10  
INDEPENDENT MANAGEMENT ENTITIES  
Notification of collective management 
organisations  
 
Article 171b 
(1) An independent management entity intending 
to collectively manage the rights on the territory of 
the Republic of Croatia shall notify this intention to the Office, regardless of its place of establishment. The written notification to the 
Office shall contain all the information on the types 
of rights and the category and the number of 
rightholders on behalf of whom it intends to 
manage the rights based on the authorisations 
granted. The Office may request such entity to 
provide other information as well (e.g. individual 
authorisations, identification of the rightholders 
and the subject matters of protection under 
license).  
(2) 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 
paragraph (1) of this Article.  
(3) The complete correspondence between the Office and independent management entities collectively managing or intending to collectively 
manage copyright and related rights on the 
territory of the Republic of Croatia shall be in 
Croat ian and Latin transcription.  
(4) The Office shall keep records of independent management entities that collectively manage the 
rights on the territory of the Republic of Croatia.  
(5) Where the Office receives a justified request 
from any person having legal interest therein or it becomes aware ex officio of the fact that an 
independent management entity collectively 
manages rights on the territory of the Republic of Croatia without prior notification to the Office as 
referred to in paragraph (1) of this Art icle, the 
Office may request this entity to provide 
information and documentation in order to 
determine if the collective management of rights is 
performed in compliance with the provisions of this 
Act. 
 
Supervision of the operation of independent 
management entities and measures taken by the 
Office  
 
Article 
171c 
(1) Authorised inspectors of the Office conduct the 
inspection of the operation of independent 
management entities established on the territory 
of the Republic of Croatia, in terms of activities 
performed in compliance with this Act.  
(2) The provision referred to in paragraph (1) of 
this Article shall be accordingly applied in 
compliance with the provisions of paragraph (3) b) 
of this Article and Article 171a of this Act to the 
independent managem ent entities established in 
another Member State of the European Union, 
and collectively managing the rights on the 
territory of the Republic of Croatia.  
(3) Inspection of the operation of independent management entities can be regular and special, 
whereby : 
a) regular inspection shall be conducted 
periodically, usually once a year:  
b) special inspection can be conducted upon a duly justified request by a proxy of an independent 
management entity, users, another collective 
management organisation or another person 
legally interested in such inspection in order to 
warn of the actions or circumstances that 
represent, in the opinion of the requester, violation 
of this Act concerning collective management of 
rights, or it can be conducted ex officio  if the Office  
in any way becomes aware of potential 
irregularities in the operation of an independent management entity.  
(4) When conducting the inspection, an employer  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
November,  2017 
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of the Office responsible for carrying out 
inspection procedure shall be authorised to 
require insight in the documents and business 
records regarding the collective management of rights.  
(5) If during the inspection the inspector finds that an independent management entity established in 
the Republic of Croatia manages the rights 
contrary to the provisions of this Act, he shall 
order such deficiencies and irregularities to be 
eliminated within a certain time limit. This decision cannot be appealed, but it can be submitted to an 
administrative dispute resolution.  
(6) If the deficiencies and irregul arities are not 
eliminated within the prescribed time limit as referred to in paragraph (5) of this Article, the 
inspector shall pass a decision on banning the operation of an independent management entity 
on the territory of the Republic of Croatia. This 
decision cannot be appealed, but it can be 
submitted to an administrative dispute resolution.  
 
Application of other provisions of this Act  
 
Article 
171d 
The provisions referred to in Article 162 paragraph 
(1), Articles 168 and 168b, Article 168c points a),  
b), c), f), g) and h), Article 168t and Article 171a of 
this Act shall be accordingly applied to the 
independent management entities.«.  
 
Article 31 
In Article 179 paragraph (1) the word: 
»remuneration« shall be replaced by the word: 
»price«.  
 
Article 32 
After Article 192a, Article 192b and the heading above it shall be added to read:  
»Failure to provide information on request of a 
collective management organisation  
 
Article 
192b 
(1) Any legal person which does not submit the 
information at its disposal upon request of a 
collective management organisation, regarding the management of rights under this Act, as 
referred to in Article 161 paragraph (3), shall be 
punished for a misdemeanour by a fine amounting from HRK 5,000.00 up to 50,000.00.  
(2) A responsibl e person in a legal person shall be 
punished for the misdemeanour 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 shall be punished for the 
misdemeanour referred to in paragraph (1) of this 
Article by a fine amounting from HRK 1,000.00 up 
to 5.000,00.«.  
 
 
  
 
TRANSITIONAL AND FINAL PROVISIONS  
 
Article 
33 
A collective management association authorised by the rightholders to manage their rights, 
categories of rights and types of works or subject 
matters of related rights up until this Act has 
entered into force, shall appropriately provide 
these rightholders with the information on their rights as referred to in Article 159 amended by 
Article 11 of this Act no later than within eight days 
upon the Regulations referred to in Article 35 
paragraph (1) point 1 of this Act have entered into 
force.  
 
Article 
34 
(1) Any collective management association established in the Republic of Croatia shall 
coordinate its acts, internal organisation and its business  with the provisions of this Act no later 
than within four months upon the Regulations referred to in Article 35 paragraph (1) point 1 of 
this Act have entered into force.  
(2) Within four months upon the Regulations 
referred to in Article 35 paragraph (1) point 1 of 
this Act have entered into force, all collective 
management associations shall submit a request 
for authorisation with the State Intellectual 
Property Office as referred to in Article 8 of this Act and accompany it with all the documents and 
other business records as evidence of their 
meeting the requirements for collective 
management of copyright and related rights as 
referred to under this Act.  
(3) All the authorisations granted by the State 
Intellectual Property Office for collective 
management of rights effective on the day of this 
Act entering into force shall remain in force up 
until the decision by the Office on the request 
referred to in paragraph (2) of this Article has 
become enforceable if the request was submitted 
within a given time l imit. In case that the request 
was not submitted within a given time limit, authorisations shall cease to be valid, which shall 
be specifically decided on by the Office within 
thirty days upon expiry of the time limit referred to 
in paragraph (2) of this A rticle.  
(4) Any tariff of a collective management association valid on the day of this Act entering into force shall remain in force.  
 
Article 
35 
(1) Within 60 days upon this Act entering into force, the Minister whose scope of activity 
includes the supervision of the operation of the 
State Intellectual Property Office shall coordinate 
the following regulations with the provisions of this 
Act: 
1. Regulations on Professional Criteria and 
Procedure of Granting Authorisations for 
Collective Management of  Rights and on  THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT 
November,  2017 
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Remunerations for Operation of the Council of 
Experts (»Official Gazette«, No. 72/04, 151/08 
and 90/13) and  
2. Regulations on Remunerations for Operation of the Council of Experts (»Official Gazette«, No. 
24/06 and 148/08).  
(2) Regulations on Professional Criteria and 
Procedure of Granting Authorisations for Collective Management of Rights and on Remunerations for Operation of the Council of 
Experts (»Official Gazette«, No. 72/04, 151/08 and 90/13) and Regulations on Remunerations for 
Operation of the Council of Experts (»Official 
Gazette«, No. 24/06 and 148/08) shall remain 
effective up until the regulations coordinated as 
referred to in paragraph (1) of this Article have 
entered into force.  
 
Article 
36 
This Act shall enter into force on the eighth day following the day of its publication in the »Official Gazette«.