IP/N/1/HRV/C/6  
 
26 January 2015  
(15-0535)  Page: 1/63  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
CROATIA  
The present document reproduces the text1 of the Copyright and Related Rights Act and the Act on 
Amendments to the Copyright and Related Rights Act, as notified by Croatia on 20 January 2015 
under Article 63.2 of the Agreement (see document IP/N/1/HRV/8). 
	
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CROATIE  
Le présent document contient les textes1 de la Loi sur le droit d'auteur et les droits connexes et de 
la Loi portant modification de la Loi sur le droit d'auteur et les droits connexes, notifiées par la 
Croatie le 20 janvier 2015 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/HRV/8). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
C
ROACIA  
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor y Derechos 
Conexos y de la Ley por la que se modifica la Ley de Derecho de Autor y Derechos Conexos, que 
Croacia ha notificado el 20 de enero de 2015 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/HRV/8).  
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/HRV/C/6 
 
- 2 - 
 
  Pages 3 to 63 – Offset (Pdf file attached) 
Pages 3 à 63 – Offset (fichier Pdf joint) Páginas 3 a 63 – Offset (fichero Pdf adjunto)   
    
 
            
 
       
  
NN 167/2003 in force from October 30, 2003  
*NN 79/2007 in force from August 7, 2007 
**NN 80/2011 in force from July 13, 2011 
***NN 141/2013 in force from  December 0 5, 2013 
****NN 127/2014 in force from November 06, 2014  
 
 
Zagreb, January  2015 Copyright  
And 
Related  
Rights  
Act 
 
And 
 
THE ACT ON AMENDMENTS TO  
THE COPYRIGHT AND RELATED RIGHTS ACT* /**/***/**** 
 
IP/N/1/HRV/C/6 
 
         - 3 - 
IP/N/1/HRV/C/6 
 
         - 4 -I. INTRODUCTORY PROVISIONS  
SUBJECT MATTER OF THE ACT  
Article 1  
This Act regulates:  
1. copyright - rights of authors in respect of 
their works in the literary, scientific and 
artistic domains;  
2. related rights:  
a. performer's rights in respect of their performances;  
b. rights of producers of phonograms in respect of their phonograms;  
c. film producer's rights (producers of videograms) in respect of their 
videograms;  
d. broadcasting organizations' rights in 
respect of their broadcasts;   
e. publishers' rights in respect of their publications;  
f. rights of producers of databases in 
respect of their databases;  
3. management (individual and collective) of copyright and related rights;  
4. protection of copyright and related rights in the case of infr ingement;  
5. scope of the Act.  
COPYRIGHT AND RELATED RIGHTS  
Article 2  
(1) Copyright shall belong, by its nature, to a natural person who has created a copyright 
work.  
(2) Performer's right shall belong, by its nature, 
to a natural person who has performed a 
work from the literary or artistic domain, or 
the expressions of folklore.  
(3) The holder of other related rights may be 
any natural and legal person, unless otherwise provided by law.  
(4) Copyright and related rights may be limited against the will of their holders only under 
the conditions and in the manner regulated 
by law.  DISCLOSURE, PUBLICAT ION, THE PUBLIC  
AND PUBLIC USE  
Article 3  
(1) A copyright work or a subject matter of a 
related right shall be considered to have 
been disclosed if it has been made available 
to the public with the consent of the right 
holder.  
(2) A copyright work or a subject matter of a related right shall be considered published if, 
with the consent of the right holder, copies 
of that work or subject matter of a related 
right respectively have been offered to the public or put into circulation in the quantity 
sufficient to satisfy reasonable needs of the 
public. 
(3) The public, under this Act, shall mean a larger number of persons that are outside 
the usual circle of persons closely tied with 
family or other personal relations.  
(4) Public use of a copyright work shall be 
considered any use of a copyright work and 
a subject matter of related rights that is 
accessible to the public, or such use in the 
area that is accessible to members of the public, as well as, providing to members of 
the public access to the work and subject 
matters of related rights at a time and from 
a place individually chosen by them.  
RELATION BETWEEN COPYRIGHT  
AND RELATED RIGHTS  
Article 4  
(1) The protection of related rights under this Act shall leave intact and shall in no way 
prejudice the protection of copyright. No 
provision of this Act concerning the 
protection of related rights shall be 
interpreted in a way to prejudice the 
protection of copyright. The exercise of the 
performers' right s of communication to the 
public of fixed performances referred to in 
Article 125, item 4, subparagraph 2 of this 
Act must not prejudice the exercise of 
copyright.  
(2) The provisions of this Act concerning the definitions of particular economic rights of 
the a uthor, as well as the right to 
remuneration for reproduction of works for 
private or other personal use, and the right 
to remuneration for public lending, 
exceptions and limitations of copyright, the 
beginning of the terms of protection and the effects of expiration of the terms of 
IP/N/1/HRV/C/6 
 
         - 5 -copyright, legal transactions of copyright, 
and the relation between copyright and 
ownership shall apply mutatis mutandis  to 
related rights, unless otherwise specially 
provided for them, or arising from their legal 
nature.  
II. CO PYRIGHT  
 
Chapter 1  
SUBJECT MATTERS  
 
COPYRIGHT WORK  
Article 5  
(1) A copyright work shall be an original 
intellectual creation in the literary, scientific 
and artistic domain, having an individual character, irrespective of the manner and 
form of its expres sion, its type, value or 
purpose, unless otherwise provided for in this Act.  
(2) Copyright works shall be in particular:  
• works of language (written works, oral 
works, and computer programs);  
• musical works with or without words;  
• dramatic or dramatico -musical w orks; 
• choreographic works and works of pantomime;  
• works of visual art (in the field of painting, sculpture, and graphics), 
irrespective of the material they are 
made of, and other works of visual arts;  
• works of architecture;  
• works of applied art and indust rial 
design; 
• photographic works and works produced by a process similar to photography;  
• audiovisual works (cinematographic works, and works created in a manner 
similar to cinematographic creation);  
• cartographic works;  
• presentations of a scientific or technical 
nature such as drawings, plans, sketches, 
tables, etc.  
(3) The subject matter of copyright may be any copyright work, except the one, which 
cannot be such work by its nature, and the one for which the provisions of this Act 
provide that it cannot be the subject matter 
of copyright.  (4) The subject matter of copyright is the work 
as a whole, including an unfinished work, 
the title of a work, and the parts thereof that fulfil the pre -conditions set out in 
paragraph (1) of this Article.  
(5) The title of the work, which does not fulfil 
the pre -conditions for being the subject 
matter of copyright, and which has already 
been used for a certain work, shall not be 
used for the same kind of work, if such title 
is likely to create confusion as to the author 
of the work.  
ALTERAT IONS 
Article 6  
(1) Translations, adaptations, musical 
adaptations and other alterations of a 
copyright work, which are original individual 
intellectual creations, shall be protected as 
independent works.  
(2) Translations of official texts in the domain of 
legislation, administration and judiciary, shall 
be protected, unless made for the purpose 
of officially informing the public and are 
disclosed as such.  
(3) Provisions of paragraph (1) of this Article 
shall not affect the rights of the authors of 
the works, which have been altered.  
 
COLLECTIONS AND DATA BASES  
Article 7  
(1) Collections of independent works, data or other materials, such as encyclopaedias, 
collections of documents, anthologies, 
databases, and the like, which by reason of 
the selection or arrangement of their 
constituent elements constitute personal 
intellectual creations of their authors shall 
be protected as such.  
(2) The protection enjoyed by the collection referred to in paragraph (1) of this Article, shall not extend to its contents and shall in 
no way p rejudice the rights subsisting in the 
works and subject matters of related rights included in the collection.  
(3) Databases, under this Act, shall be collections arranged according to certain 
system or method, the elements of which are individually accessible by electronic or 
other means.  
(4) The protection provided for in this Act for 
databases, shall not apply to computer 
IP/N/1/HRV/C/6 
 
         - 6 -programs used in the making of databases 
accessible by electronic means or in the 
operation thereof.  
UNPROTECTED CREATION S  
Article 8  
(1) The sub ject matter of copyright shall include 
expressions and not ideas, procedures, methods of operation or mathematical concepts as such.  
(2) The subject matter of copyright shall not include:  
1. discoveries, official texts in the domain of legislation, administratio n, judiciary (acts, 
regulations, decisions, reports, minutes, 
judgments, standards, and the like) and 
other official works and their collections, 
disclosed for the purpose of officially 
informing the public;  
2. news of the day and other news, having the chara cter of mere items of press 
information;  
(3) Folk literary and artistic creations in their original form shall not be the subject matter 
of copyright, but their communication to the 
public is subject to the payment of remuneration, as for the communication to  
the public of protected copyright works. The remuneration shall be the revenue of the 
budget, and shall be used for improving the 
creativity in the field concerned.  
Chapter 2  
AUTHORS  
 
THE AUTHOR  
Article 9  
(1) The author of the work is a natural person 
who has created the work.  
(2) Copyright in a work belongs to its author by the mere act of the creation of the work.  
AUTHORS OF COMPOUND WORKS  
Article 10  
(1) If two or more authors join their created 
works for the purpose of a joint use, each of 
them shall keep t he copyright in his own 
work.  
(2) Mutual relations between authors of the compound works shall be regulated by a 
contract. Unless otherwise provided by a 
contract or by rules set out in Article 167, paragraph (1) of this Act, all the authors of a compound work  shall be considered to be 
entitled to an equal share in the 
remuneration to be obtained for the use of 
such compound work.  
CO-AUTHORS  
Article 11  
(1) Co-authors of a work shall be the persons 
who created the work jointly, and whose contributions cannot be us ed independently.  
(2) Co-authors shall have a joint copyright in 
the created work, so a part of such 
copyright calculated in proportion to the whole copyright (co -authors' shares) shall 
belong to each of them.  
(3) When in doubt as to the co -authors' shares, 
they s hall be considered to be equal.  
(4) The consent of all the co -authors shall be 
needed for the disclosure, use and alteration of such work. An individual co -author shall 
not refuse to give his consent for the 
reason, which is contrary to the principle of 
consci entiousness and fairness, nor shall 
undertake any action, which unjustifiably prejudices or could be prejudicial to the legitimate interests of other co -authors. If 
the consent of all the authors concerning disclosure, use or alteration of their work 
has n ot been achieved, the decision to that 
effect shall be made by the court, at a request of any of the co- authors.  
(5) A share of each co -author in the benefits 
deriving from the use of the work corresponds to his co -author's part, unless 
otherwise provided for by a contract 
regulating their mutual relations.  
PRESUMPTION OF AUTHO RSHIP AND  
EXERCISE OF COPYRIGH T WHERE  
THE AUTHOR IS ANONYM OUS  
Article 12  
(1) The author is presumed to be a person whose name, pseudonym, artist's mark or 
code appears in the customary man ner on 
the copies of the work or when the work is disclosed, until proven to the contrary.  
(2) If the author is not known, nor can be defined pursuant to the provision of paragraph (1) of this Article, the following 
shall be considered entitled to exercise 
copyright:  
IP/N/1/HRV/C/6 
 
         - 7 -1. for a published work - the publisher who 
has lawfully published the work;  
2. for a disclosed, but unpublished work - 
the person who has lawfully disclosed the 
work.  
(3) The provisions of paragraph (2) of this Article shall cease to apply once the author' s 
identity has become known, in which case 
the publisher or the person who disclosed 
the work, shall deliver to the author the 
economic benefits derived from the exercise 
of his right, according to the rules 
concerning the legal status of a fair 
possessor who must deliver the object to its 
owner, unless otherwise provided for by a 
contract.  
Chapter 3  
CONTENT OF COPYRIGHT  
 
CONTENT OF RIGHT  
Article 13  
(1) Copyright shall include moral rights, economic rights and other rights of authors.  
(2) Copyright shall protect personal and 
intellectual ties of the author with his work 
(moral rights of the author), economic 
interests of the author in respect of his 
copyright work (economic rights of the 
author) and other interests of the author in 
respect of his work (other ri ghts of the 
author).  
(3) The author is entitled to remuneration for each use of his work, unless otherwise 
provided for by this Act or by a contract.  
3.1. Moral rights of the author  
 
RIGHT OF FIRST DISCL OSURE  
Article 14  
(1) The author shall have the right to deter mine 
whether, when, where, how and under what 
circumstances his copyright work will be 
disclosed for the first time.  
(2) Until the copyright work is disclosed, the author shall have the right to reveal to the 
public the content or description of his work.  RIGHT OF RECOGNITION OF AUTHORSHIP  
Article 15  
(1) The author shall have the right to be 
recognized and indicated as the author 
of the work.  
(2) A person who publicly uses a copyright 
work, shall be obliged to indicate the 
author at each use, unless the author 
has decl ared in a written form that he 
does not want to be indicated, or if the 
manner of a certain use is such that 
prevents the indication of the author.  
RIGHT OF RESPECT FOR  THE WORK AND  
HONOUR OR REPUTATION  OF THE AUTHOR  
Article 16  
The author shall have the  right to oppose to any 
distortion, mutilation and similar modification of his 
work, and to destruction and any use of the work, in a manner  jeopardizing his honour or reputation.  
RIGHT OF REVOCATION  
Article 17  
(1) The author shall have the right to 
revoke a right of exploitation of his 
copyright work and its further use, 
compensating the damages to the user 
of such right, where further use would 
be prejudicial to his honour or 
reputation. Such right shall also be 
exercised by the author's heirs, if the author decided so in his will, or if they 
prove that the author, prior to his death, was entitled and tried to exercise such right, but was prevented from doing so.  
(2) The revocation referred to in paragraph (1) of this Article shall be effective from the day when the author deposits the 
security for the compensation for 
damages referred to in paragraph (3) of this Article.  
(3) The user of the right of exploitation of a copyright work shall, within three 
months as from the receipt of the 
notification of revocation referred to in paragraph 1 of this Article, communicate 
to the author the amount of outstanding 
costs incurred to him in the preparation for the use of his work up to the day of 
receipt of such notification. If the holder 
of the right of exploitation of a cop yright 
IP/N/1/HRV/C/6 
 
         - 8 -work fails to do so, the notification of 
revocation shall become effective at the 
expiration of the time limit referred to in this paragraph.  
(4) If, within ten years as from his exercise of the right of revocation, the author decides to resume the expl oitation of 
the work in respect to which he exercised his right of revocation, he shall be required to offer such right, 
under previous conditions, first to the 
person to whom such right was revoked.  
(5) The author may not renounce the right 
of revocation.  
(6) The provisions of this Article shall not 
apply to electronic databases and computer programs.  
3.2. Economic rights of the author  
 
GENERAL  
Article 18  
The author shall have the exclusive right to do with 
his copyright work and the benefits deriving from it whatever he likes, and to exclude any other person 
from it, unless otherwise provided for by the law. This right shall include in particular:  
• right of reproduction (right of 
multiplication); 
• right of distribution (right to put into circulation); 
• right of co mmunication of the work to 
the public;  
• right of alteration  
REPRODUCTION  
Article 1 9  
(1) The right of reproduction shall be the exclusive right of making one or more copies 
of copyright works, in whole or in part, 
directly or indirectly, temporarily or permanently, by any means and in any 
form. The right of reproduction includes 
fixation which shall mean the fixing of 
copyright works in the material or other 
corresponding medium.  
(2) A copyright work is fixed and reproduced in particular by graphic procedures, photocopying and other photographic 
procedures with the same effect, by sound or visual recording, by building or carrying 
out works of architecture, by storage of the 
work in electronic form, and by fixing of the work transmitted by computer’s net on a 
materi al medium.  
DISTRIBUTION AND RENTAL  
Article 20  
(1) The right of distribution shall be the 
exclusive right to put into circulation the 
original or copies of the work by sale or 
otherwise, and to offer them to the public 
for such purpose.  
(2) The first sale of the original or copies of the 
work or other form of transfer of ownership, 
by the author or with his consent, in the 
territory of the Republic of Croatia shall 
exhaust the right of distribution in respect of 
such original and such copies respectively, 
for the t erritory of the Republic of Croatia. 
The exhaustion of the distribution right shall 
not cause the right of rental of a copyright 
work to expire, the right of the author to 
authorize or prohibit the export to or the 
import from a certain country of the original 
or copies of the work, and the right to remuneration for public lending of the work 
under Article 33 of this Act. In respect of 
collections, the exhaustion of the distribution 
right shall refer only to further sale.  
(3) The rental, under this Act, shall m ean the 
making available for use of the original or 
copies of the work, for a limited period of time, and for direct or indirect economic or 
commercial benefit.  
(4) The right of rental of a copyright work, under this Act, shall not apply to already 
made archit ectural works and works of 
applied art.  
(5) The author who has given up his right of rental in favour of a producer of 
phonograms or of a film producer, or to any 
other person shall retain the right to receive equitable remuneration for the rental of his 
copyr ight work. The author may not 
renounce the right to the equitable remuneration. The remuneration for rental 
shall be paid by the person renting the 
copyright work.
 
IP/N/1/HRV/C/6 
 
         - 9 -COMMUNICATION OF A COPYRIGHT  
WORK TO THE PUBLIC  
Article 21  
The author shall have the exclusive right to 
communicate his work to the public. This right shall 
include in particular:  
• right of public performance;  
• right of public stage presentation;  
• right of public transmission;  
• right of public communication of fixed 
works;  
• right of public presentati on; 
• right of broadcasting;  
• right of rebroadcasting;  
• right of public communication of broadcasting;  
• right of making available to the public.  
PUBLIC PERFORMANCE  
Article 22  
The right of public performance shall mean the 
exclusive right to communicate to the public:  
1. works in the domain of literature or 
science by live reading or reciting (the 
right of public recitation);  
2. musical works by live performance (the right of public musical performance).  
PUBLIC STAGE PRESENT ATION  
Article 23  
The right of public stage presentation shall mean 
the exclusive right to communicate to the public 
dramatic, dramatico- musical, and choreographic 
works or works of pantomime, by their live stage presentation.  
PUBLIC TRANSMISSION  
Article 24  
The right of public transmission shall mean the exclusive right to communicate a recitation, a 
music performance or a stage presentation of a 
copyright work to the public that is outside the place where the work is recited, performed or presented on stage live, by loudspeaker, screen or any other  technical device.  
 
 Public communication of a fixed work  
Article 25  
The right of public communication of a fixed copyright work shall mean the exclusive right to communicate to the public a work which is fixed in a phonogram or a videogram, by such pho nogram 
or videogram.  
PUBLIC PRESENTATION  
Article 26  
The right of public presentation shall mean the exclusive right to communicate to the public the works of visual arts, architecture, applied arts and industrial designs, a photographic or audiovisual work, and a cartographic work, or a presentation of 
scientific or technical nature, by technical devices.  
BROADCASTING  
Article 27  
(1) The right of broadcasting shall mean the 
exclusive right to communicate a copyright 
work to the public by radio or television 
program -carrying signals, intended for 
reception by the public, either by wireless means (including satellite), or by wire (including cable or microwave systems).  
(2) A satellite, for the purposes of this Act, shall mean any satellite operating on frequency 
bands reserved for the broadcasts of signals 
intended for reception by the public, or for closed, point -to point communication. If a 
closed, point -to-point communication is 
concerned, the circumstances in which individual reception of the signals takes 
place m ust be comparable to those in which 
public reception of the signals takes place.  
(3) Communication to the public by satellite, referred to in paragraph (1) of this Article, 
shall exist where under the control and 
responsibility of the broadcasting 
organization  program -carrying signals 
intended for the reception by the public are 
introduced into an uninterrupted chain of 
communication leading to the satellite and 
down towards the earth.  
(4) Where the program -carrying signals referred 
to in paragraph (2) of this Arti cle are 
encrypted, communication to the public shall be deemed to have occurred on condition that the means for decrypting such signals 
are provided to the public by the 
broadcasting organization, or with its 
consent.  
IP/N/1/HRV/C/6 
 
         - 10 -REBROADCASTING  
Article 28  
The right of  rebroadcasting shall mean the 
exclusive right to a simultaneous, unaltered and 
unabridged communication to the public of a broadcast of a copyright work:  
1. where made by a broadcasting 
organization other than the one who 
initially broadcasted the work;  
2. where made by cable or microwave 
system (cable retransmission).  
PUBLIC COMMUNICATION  OF 
BROADCASTING  
Article 29  
The right of public communication of 
broadcasting shall mean the exclusive right to 
communicate to the public a broadcast copyright work, by a lo udspeaker, screen or 
similar technical device.  
Making available to the public  
Article 30  
The right of making available to the public shall 
mean the exclusive right to communicate a copyright work to the public by wire or wireless means, in such a way that members of the public may access it from a place and at a time individually chosen by them.  
ALTERATIONS OF THE W ORK  
Article 31  
The right of alteration shall mean the exclusive right to translate, adapt, musically arrange or otherwise modify a work.  
3.3. Other rights of the author  
 
3.3.1 Rights to remuneration   
 
RIGHT TO REMUNERATION FOR  
REPRODUCTION OF A CO PYRIGHT WORK 
FOR PRIVATE OR OTHER  PERSONAL USE  
Article 32  
(1) Where a copyright work may be reproduced 
without the author's authorization pursuant to Article 82 of this Act, the author whose 
works are, due to their nature, expected to be reproduced without authorization, by 
photocopying or by recording on sound, 
visual or text fixation mediums, for private or other personal use, shall have the right to an appropriate remuneration upon sale of 
technical appliances and blank audio, video 
or text fixation mediums.  
(2) Apart from the right referred to in paragraph 
(1) of this Article, the authors shall have a 
right to an appropriate remuneration to be 
obtained f rom a natural or legal person who 
provides services of photocopying against 
payment.  
(3) Any other reproduction techniques shall be assimilated to photocopying, and any other 
appliances providing the same effect shall 
be assimilated to appliances for sound or 
visual recording.  
(4) The remuneration referred to in paragraph 
(1) of this Article shall be paid by 
manufacturers of appliances for sound and 
visual recording, manufacturers of 
appliances for photocopying, manufacturers 
of blank audio, video or text fixation mediums, and jointly and severally with 
them importers of appliances for sound and 
visual recording, photocopying, blank audio, 
video or text fixation mediums, unless such 
imports concerns small quantities intended 
for private and non -commercial use, formi ng 
part of personal luggage. If the mentioned 
appliances and objects are not produced in 
the Republic of Croatia, the remuneration 
shall be paid by the importer.  
(5) The obligation to pay the appropriate remuneration referred to in paragraph (1) shall arise:  
1. in respect of the first sale in the Republic of Croatia or import in the Republic of 
Croatia of new appliances for sound and 
visual recording;  
2. in respect of the first sale in the Republic 
of Croatia or import in the Republic of 
Croatia of new blank audio o r video 
fixation media;  
3. in respect of the first sale in the Republic 
of Croatia or import in the Republic of 
Croatia of new photocopying appliances.  
(6) The remuneration referred to in paragraph 
(2) of this Article shall be paid in the amount 
depending on the  information on the 
number of photocopies made.  
(7) Authors may not renounce the rights to remuneration referred to in paragraphs (1) 
and (2) of this Article.  
IP/N/1/HRV/C/6 
 
         - 11 -RIGHT TO REMUNERATION 
 FOR PUBLIC LENDING  
Article 33  
(1) The author shall have the right to equitable 
remuneration where the original or copies of 
his work of which further distribution is 
admissible, have been lent through public 
libraries. 
(2) The lending, under this Act, shall mean 
making available for use for a limited period 
of time and without direct or indirect 
economic or commercial benefit.  
(3) Provisions referred to in paragraphs (1) and 
(2) of this Article shall not apply to:  
(1) buildings and works of applied art;  
(2) works that are mutually lent by 
institutions referred to in paragraph (1) of this Article.  
(4) The author may not renounce the right 
referred to in paragraph (1) of this Article.  
(5) By way of derogation from the provision of paragraph (1) of this Article, authors of databases shall have the exclusive right of 
public lending of the originals or copies of  
their databases.  
3.3.2 Resale right  
 
GENERAL  
Article 34  
(1) If the original of a work of visual art is resold, the author shall have the right to 
equitable share in the selling price for each time his original is resold after its first 
alienation by the au thor. 
(2) The right referred to in paragraph (1) of this Article shall apply to all acts of resale 
involving as sellers, buyers or intermediaries 
art market professionals, such as public 
auctions, art galleries or other art dealers.  
(3) By way of derogation, the p rovision referred 
to in paragraph (1) of this Article shall not apply, where the seller is an art gallery 
which has acquired the work directly from 
the author less than three years before that resale and where the resale price does not 
exceed the equivalen t value of EUR 10 000 
in HRK.  ORIGINAL OF A WORK O F VISUAL ART  
Article 35  
(1) The original of a work of visual art, referred 
to in Article 34, paragraph (1) of this Act, 
shall mean a work of visual art such as 
picture, collage, painting, drawing, 
engraving,  print, lithography, sculpture, 
tapestry, ceramics, glassware or 
photography, where created by the author 
himself. 
(2) Copies of works of visual art which have been made in limited numbers by the artist 
himself or under his authority, shall be considered to be  originals of works of visual 
art, referred to in paragraph (1) of this Article. Such copies shall normally be 
numbered, signed or authorized by the 
author.  
AMOUNT BELONGING TO THE AUTHOR  
Article 36  
(1) A seller who resells the work referred to in 
Article 3 5 of this Act, at a price exceeding 
the equivalent amount of EUR 500 in HRK, shall pay to the author the equivalent 
amount in HRK of:  
1. 5% for the portion of the selling price 
from EUR 500.00 to 50,000.00;  
2. 3% for the portion of the selling price from EUR 50 ,000,01 to 200,000.00;  
3. 1% for the portion of the selling price 
from EUR 200,000.01 to 350,000.00;  
4. 0.5% for the portion of the selling price from EUR 350,000.01 to 500,000.00;  
5. 0.25% for the portion of the selling price exceeding EUR 500,000.00;  
(2) The total a mount, which, on the basis of the 
provision referred to in paragraph (1) of this Article belongs to the author, shall not 
exceed the equivalent amount of EUR 
12,500.00 in HRK. Base for calculation of 
such amount shall be the selling price 
without tax.  
(3) If the resale of the original has been 
effected through a public auction, an art gallery or by intermediary of any other art 
dealer, the organizer of the public auction, 
the owner of the art gallery or the art 
dealer, shall share joint and several liability 
with the seller for the payment of the 
amount belonging to the author.  
IP/N/1/HRV/C/6 
 
         - 12 -RENOUNCEMENT, TRANSF ERABILITY  
AND EXECUTION OF RES ALE RIGHT  
Article 37  
(1) The author cannot renounce his resale right.  
(2) The resale right shall not be transferred by 
legal transactions during the author's life. 
After the death of the author, the resale 
right passes on to his heirs, and the remuneration therefrom shall be paid to 
them.  
(3) The resale right shall not be subject to execution.  
RIGHT TO RECEIVE INF ORMATION  
Article 38  
For a period of three years after the resale of his 
work, the author shall have the right to require from any person referred to in Article 34, paragraph (2) of this Act, to furnish any information that is necessary in order to secure payment of the 
amount that belongs  to him in respect of the 
resale.  
3.3.3 Other additional rights  
 
RIGHT OF ACCESS TO T HE WORK  
Article 39  
(1) The author shall have a right to require from 
the owner or direct possessor of the original 
or a copy of his work to allow him access to 
the work, i f such access is necessary for 
making copies of the work or its alteration 
under the provision of Article 31, paragraph 
(1) of this Act, and is not contrary to any 
legitimate interests of the owner or 
possessor. 
(2) Provisions of paragraph (1) of this Article do 
no oblige the owner or direct possessor to deliver to the author the original or a copy 
of the work.  
RIGHT TO PROHIBIT PU BLIC EXHIBITIONS  
OF THE WORK  
Article 40  
(1) The author of an undisclosed work of visual art, applied art, industrial design, and an 
undisclosed photographic work, shall have 
upon alienation of the original or a copy of his work, the right to prohibit to its owner to exhibit the work to the public.  
(2) The author shall prohibit the public exhibition referred to in paragraph (1) of 
this Artic le, in the written form.  (3) The author shall not have the right referred to in paragraph (1) of this Article, if the 
work belongs to a museum, gallery or other similar public institution.  
Chapter 4  
COPYRIGHT IN LEGAL  
TRANSACTIONS  
 
4.1 Basic Provisions  
 
INHERITANCE OF COPYRIGH T  
Article 41  
(1) Copyright shall be inheritable.  
(2) All the rights that would belong to the 
author shall belong to his hires, unless 
otherwise provided for in this Act.  
(3) General regulations on inheritance shall 
apply to all other matters rela ted to 
inheritance of copyright, which are not regulated by this Act.  
TRANSFERABILITY OF C OPYRIGHT  
Article 42  
(1) Copyright shall not be transferable, except 
by inheritance and transfer for the benefit of 
coheirs in the case of dissolution of 
community of hi res. 
(2) Other dispositions of copyright shall be 
allowed, unless otherwise provided for in 
this Act.  
EXECUTION  
Article 43  
(1) Copyright shall not be subject to execution. 
Only economic benefits acquired in the use 
of a copyright work may be subject to 
executio n, unless otherwise provided for in 
this Act.  
(2) If the author has, by non -finishing of work 
or non -publishing of manuscript, breached a 
contractual obligation, he shall not be forced to fulfil it, but shall be liable for damage 
resulting from it.  
DISPOSITIO N OF COPYRIGHT BY  
GRANTING A RIGHT OF EXPLOITATION  
Article 44  
(1) The author may grant to another person a right of exploitation of a copyright work or 
may entrust him the exercise of copyright by 
IP/N/1/HRV/C/6 
 
         - 13 -a contract, by giving the authorization for 
use, or by other le gal transaction.  
(2) The author may grant to another person a 
right on the basis of which he will be able to 
use a copyright work in any or in a certain 
manner (the right of exploitation of a 
copyright work). The right of exploitation 
may be granted as an excl usive or a non -
exclusive right, limited in terms of content, 
time or space.  
(3) The holder of the exclusive right of exploitation may use a copyright work in a 
manner which complies with the content of 
his right and exclude any other person, 
including the author, from such use, unless otherwise provided by this Act. When 
granting the exclusive right of exploitation, it 
may be defined that the author reserves the 
right of use of the copyright work.  
(4) The non- exclusive right of exploitation shall 
entitle its holder  to use the copyright work 
in a manner which complies with the content 
of his right, but it does not entitle him to 
prevent other persons from any use of that 
work.  
(5) If the manner of use of a copyright work has not been expressly indicated when the right was granted, it shall be considered that the 
person acquiring the right has acquired a 
right to use a copyright work in a manner 
necessary to satisfy the purpose of a legal 
transaction on the basis of which the right has been acquired. If from the purpose of  
the legal transaction it cannot be established whether the right was granted as an 
exclusive or a non- exclusive right, limited as 
to territory, it shall be considered that it was 
granted as a non -exclusive right for the 
territory of the Republic of Croati a. 
(6) The author shall refrain from acts that would 
impede the holder of the right of 
exploitation to exercise his right.  
NON- EXERCISE OF THE EXCLUSIVE  
RIGHT OF EXPLOITATIO N  
Article 45  
If the holder of the exclusive right of exploitation 
does not exercise his right or exercises it insufficiently, prejudicing thereby legitimate interests of the author, the author may demand revocation of the exclusive right of exploitation. 
The author shall not have such right, if the holder 
of the exclusive right of exploitation proves that he is not responsible for the reasons causing the non-exercise of the right.  LATER GRANT OF THE E XPLOITATION RIGHT  
Article 46  
Later grant of the exploitation right, even the exclusive one, shall not prejudice the earlier granted exploitation right, either exclusive or non-exclusive, unless otherwise provided by a contract 
on the grant of an earlier right.  
TRANSFER OF THE RIGHT OF EXPLOITATION  
Article 47  
(1) The right of exploitation may be transferred 
without the author's authorization fr om one 
person to another within transfer of the entire business or the part thereof 
constituting the entirety.  
(2) Where the right of exploitation can be 
transferred without the author's 
authorization the person acquiring the right 
of exploitation shall have j oint and several 
liability for fulfilling the obligation which the person transferring such right has in respect of the author.  
GRANTING OF FURTHER RIGHTS OF 
EXPLOITATION  
Article 48  
The holder of the exclusive right of exploitation 
may, on the basis of his right, grant to another person further right of exploitation only with the 
written authorization of the author. The author may 
not refuse to give his authorization, if it would be contrary to conscientiousness and fairness. The authorization shall not be necessary if the right of exploitation has been granted only for the sake of its exercising for the benefit of the author.  
DISPOSITION OF COPYR IGHT BY  
ENTRUSTING THE EXERC ISE THEREOF  
Article 49  
(1) The author may authorize another person to 
exercise the copyright for his account. 
Copyright may be exercised for the account 
of the author on the basis of a legal 
transaction by which the author entrusts the 
exercise of his right, or, directly, by virtue of 
the law, complying with the pre -requisites 
provided b y the law.  
(2) It shall be considered that the author has entrusted the exercise of his particular right 
to the collective rights management 
association which deals with the respective 
right, if the association exercises such a right for his benefit and for th e benefit of 
other authors for their respective rights.  
IP/N/1/HRV/C/6 
 
         - 14 -RENOUNCEMENT OF COPY RIGHT  
Article 50  
The author may not renounce his copyright.  
4.2 General part of the contractual 
copyright  
 
COPYRIGHT CONTRACTS  
Article 51  
A contract on the basis of which the right of 
exploitation of copyright (copyright contract) is 
acquired shall be concluded in a written form, 
unless otherwise provided by this Act.  
CONTENT OF COPYRIGHT  CONTRACTS  
Article 52  
(1) A copyright contract shall specify at least the 
work it concerns, the manner of use, and 
the person authorized to use the work (a user).  
(2) A copyright contract may also be concluded in respect of a work which is not yet 
created, provided that it defines the type of 
the work and the manner of use of the future work.  
(3) A contractu al provision concerning the grant 
of the right of use of all author's future 
works shall be null and void.  
FIXING OF THE AMOUNT  OF REMUNERATION  
FOR THE USE OF A COPYRIGHT WORK  
Article 53  
If the amount of remuneration has not been fixed 
by a legal transaction, or if the fixed amount of 
remuneration is not equitable, or if it has not been 
fixed under the provision of Article 162 of this Act, the author shall be entitled to equitable remuneration. An equitable remuneration shall be the one that has to be given fairly at the time of concluding a legal transaction, taking account of 
the type and scope of the use of a copyright work, 
its financial success in it, the kind and size of the work, the duration of use, the existence of agreement between the relevant associations of authors and the relevant association of users fixing the amount of equitable remuneration, as well as 
other elements on the basis of which a decision on 
the amount of equitable remuneration can be made.  RIGHT OF THE AUTHOR TO MODIFY  
A CONT RACT FOR THE PURPOSE  OF 
MORE FAIR SHARE IN THE PROFIT  
Article 54  
(1) If the profit derived from use of the work is 
obviously disproportional to the agreed or fixed remuneration, the author shall be 
entitled to demand the amendment of the 
agreement for the pu rpose of fixing more 
equitable share in the profit deriving from the use of his work.  
(2) The author may not renounce the right referred to in paragraph (1) of this Article.  
APPLICATION OF REGUL ATIONS  
 ON OBLIGATORY RELATI ONS  
Article 55  
The provisions of the Act regulating obligatory 
relations shall apply to all the matters related to 
copyright contracts which are not regulated by this Act.  
4.3 Special part of contractual  
copyright law  
 
4.3.1 Publishing contract  
 
GENERAL ISSUES CONCE RNING 
THE CONTRACT  
Article 56  
(1) By a publishing contract the author 
undertakes to grant to the publisher the 
right of reproduction of his particular work 
by printing or other similar process, and the 
right of distribution of the copies of the work (the right of publication), wh ile the publisher 
undertakes to publish the work as agreed, and to pay to the author the agreed 
remuneration, unless otherwise provided by 
a contract, as well as to take care about a 
successful distribution of the copies of the 
work, and to provide the aut hor with the 
information on the distribution of his 
copyright work. A publishing contract shall 
contain a provision on the duration of the 
right of publication.  
(2)  Unless otherwise provided by a publishing 
contract, it shall be presumed that the 
publisher ha s the exclusive right to publish 
the work referred to in paragraph (1) of this Article. 
(3) The presumption referred to in paragraph 
(2) of this Article shall not apply to the right 
IP/N/1/HRV/C/6 
 
         - 15 -of publication of articles in daily or periodical 
press or publications.  
RIGHT OF TRANSLATION  
AND OTHER RIGHTS  
Article 57  
By the contract referred to in Article 56 of this Act, 
the author may also grant to the publisher the right of translating his work in a certain language, and 
the right to publish such translated work, as wel l as 
other economic rights.  
VERIFICATION OF ACCU RACY  
OF INFORMATION  
Article 58  
(1) The author shall have the right of insight 
and control, at any time, of the publisher's 
business records and documentation, to 
verify the accuracy of information provided 
to him by the publisher.  
(2) The author shall be authorized to require from a third person who has reproduced the work for the publisher, information 
concerning the number of copies made of 
his work, and such person shall be obliged 
to provide complete and true  information to 
that effect.  
EXCEPTION TO THE RUL E CONCERNING 
OBLIGATORY WRITTEN F ORM OF A 
CONTRACT  
Article 59  
A publishing contract relating to the publication of 
articles, drawings and other author's contributions in daily and periodical press or publications, does not need to be made in a written form (small 
publishing contract).  
CONCLUSION OF CONTRA CTS THROUGH A 
REPRESENTATIVE  
Article 60  
A representative of the author may conclude a 
publishing contract only for such works as are 
expressly indicated in the author's power of 
attorney.  
FIXING THE AMOUNT OF  REMUNERATION  
Article 61  
(1) If the remuneration is fixed as a percentage 
of the retail price of the copies sold, the 
publishing contract must specify a minimum 
number of such copies of the first edition, 
and a minimum remuneration which the publisher has to pay to the author regardless of the number of copies sold.  
(2) If the remuneration is set as a lump sum, 
the publishing contract must specify the 
total number of copies agreed upon to be 
printed. If this number is not agreed upon, 
and unless otherwise deriving from fair 
business practices or circumstances of the case, the publisher may publish not more 
than 500 copies of the work.  
OTHER ELEMENTS OF THE CONTRACT  
Article 62  
A publishing contract may also contain in 
particular:  
• a time limit within which the author is 
required to deliver his correct manuscript or other original of the work. Unless 
otherwise provided by a contract, this 
time limit shall be one year from the date of the conclusion of the contract;  
• a time limit within which the publisher is required to publish the work. Unless otherwise provided by a contract, this 
time limit shall be one year from the date 
of delivery of the correct manuscript or 
other original of the work;  
• the number of the editions which the 
publisher is authorized to publish. Unless otherwise provided by a contract, the 
publisher shall have the right to publish 
only one edition;  
• a time limit within which the publisher is required to publish a new edition, if stipulated by a contract. Unless 
otherwise provided by a contract, this 
time limit shall be one year from the date 
of delivery of such written request by the 
author;  
• a provision concerning the ownership 
over a manuscript or other original. A manuscript or other ori ginal shall remain 
the ownership of the author, unless he undertakes to give it to the ownership of 
the publisher by virtue of a contract;  
• appearance and design of the copies of 
the work  
IP/N/1/HRV/C/6 
 
         - 16 -IMPROVEMENTS AND OTH ER 
MODIFICATIONS OF THE  WORK 
Article 63  
Unless  otherwise provided by a publishing 
contract, the publisher shall be required to allow 
the author to make improvements or other 
modifications to his work when new editions are prepared, provided that this does not alter the character of the work.  
DESTRUCT ION OF THE MANUSCRIP T 
AND OF THE PREPARED EDITION  
Article 64  
(1) If a manuscript of other original of the work 
is destroyed after its delivery to the 
publisher, by fault of the publisher or by 
force majeure , the author shall be entitled 
to the remuneration that would belong to him if the work had been published. If the 
author has another copy of the work, he 
shall deliver it to the publisher, at the 
publisher's expense.  
(2) If a prepared edition of the work is completely destroyed by force majeure before it was put into circulation, the 
publisher shall be entitled to prepare a new 
edition, and the author shall have the right 
to remuneration only for the destroyed 
edition.  
(3) If a prepared edition of the work is partially 
destroyed by force majeure before it was 
put into circulation, the publisher shall be 
entitled to reproduce, without payment of remuneration to the author, only that number of copies that was destroyed.  
PUBLISHER'S PRIORITY  RIGHT  
Article 65  
(1) A publisher, who has acquired the right to publish the w ork, has among other 
publishers who offer equal terms, the priority right to publish the work in an electronic or any other form.  
(2) A publisher who intents to use the right referred to in paragraph (1) of this Article, 
shall submit his offer to the author, within 
30 days as from the date of receipt of the 
author's written invitation.  
(3) The publisher's priority right referred to in paragraph (1) of this Article, shall last until 
the expiration of a period of two years as 
from the date of the conclusion of a publishing contract.  TERMINATION BY RESCI NDMENT OF  
PUBLISHING CONTRACT  
Article 66  
(1) The author may demand the rescindment of 
a publishing contract if the publisher does 
not publish the work within the stipulated 
time or does not proceed to publish a new 
edition within the stipulated time or term 
determined by law.  
(2) If the contract is rescind due to a publisher's fault, the author shall have, apart from the 
right to compensation for damages, the 
right to keep the remuneration received, or to demand payment of  the stipulated 
remuneration.  
(3) A publisher may demand the rescindment of 
the publishing contract and claim damages, 
if the author does not deliver to the 
publisher a manuscript or other original of 
the work within the time limit stipulated by a contract or  by the law.  
DESTRUCTION OF COPIE S OF THE WORK  
Article 67  
(1) A publisher who intends to sell the unsold copies of the work for recycling, or otherwise destroy them, or withdraw them 
from circulation, shall first offer the buy off 
thereof to the author, at the price he would 
have obtained if copies were sold for 
recycling. If he fails to do so, he shall incur responsibility for the infringement of the 
moral right of the author.  
(2) If the author does not accept the publisher's offer referred to in paragraph (1) of this 
Article, or accepts to purchase only a certain 
part of unsold copies, the publisher may sell 
the remaining copies for recycling.  
4.3.2. Performance contract  
 
GENERAL INFORMATION ABOUT  
THE CONTRACT  
Article 68  
(1) By a contract of performance, an auth or 
gives the user the authorization for public 
recitation of the work or public performance of his musical work, in the manner and 
under conditions provided by a contract, 
while the user undertakes to pay to the 
author a stipulated remuneration for the 
right acquired, unless otherwise provided by 
a contract.  
IP/N/1/HRV/C/6 
 
         - 17 -(2) Provisions concerning a performance 
contract shall also apply to broadcasting and 
rebroadcasting, public communication of a broadcasting, public communication, public 
transmission and making available to the 
public of non -stage literary and musical 
works.  
OTHER OBLIGATIONS OF  A USER  
Article 69  
A user of the copyright work shall be required to 
allow the author to access the performance of the work, to provide for adequate technical conditions that assure respect of moral rights of the author, 
and to provide the author or his representative with 
a list of performed works, and to inform the author of the profit derived from the performance of his work, unless otherwise provided by a contract.  
CESSATION OF AUTHORIZATION  
Article 70  
The authorization for public recitation, or public 
performance of a musical work, shall cease if the 
user does not use the work in the manner and under conditions provided by the authorization.  
4.3.3. Contract on stage presen tation  
of the work  
 
GENERAL ISSUES CONCE RNING THE 
CONTRACT  
Article 71  
(1) By a contract on stage presentation, an 
author grants to the user the right of public 
stage presentation of a certain work, while 
the user undertakes to present the work on stage in th e manner, within a time limit and 
under conditions provided by a contract, and to pay remuneration, unless otherwise 
provided by a contract.  
(2) The provisions concerning a contract on 
stage presentation shall also apply to 
broadcasting and rebroadcasting, public 
communication of a broadcasting, public 
communication, public transmission and 
making available to the public of stage 
presentations of the work, as well as public 
performance of stage works in the non -
stage manner.  
OTHER OBLIGATIONS OF  USERS  
Article 72  
The provisions of Articles 69 of this Act shall apply 
mutatis mutandis to the contract on stage presentation of a copyright work.  4.3.4. Contract on the creation of  
copyright work on commission  
 
GENERAL ISSUES CONCE RNING  
THE CONTRACT  
Article 73  
By a contract on the creation of a copyright work 
on commission, an author undertakes to create a certain work and deliver a copy of such work to the person commissioning the work, while the latter undertakes to pay to the author a stipulated remuneration, unless otherwise provided by the 
contract.  
CONTENT OF THE CONTR ACT  
Article 74  
(1) The contract on the creation of a copyright 
work made on commission shall also specify 
characteristics, elements and time limits for 
delivering the commissioned work.  
(2) Unless otherwise provided by this Act or by 
a contract, the copyright in the commissioned work shall be retained by the 
author without limitations.  
4.3.5. Copyright works created while 
executing employment contract  
 
COPYRIGHT WORK CREAT ED IN  
THE COURSE OF EMPLO YMENT  
Article 75  
Copyright work created in the course of 
employment shall, under this Act, mean the work 
created by an author - an employee in the 
execution of his duties with a certain employer or 
following the instructions given by him. The relations w ith regard to a copyright work created in 
the course of employment shall be regulated by 
this Act, by an employment contract or by other act 
regulating the employment.  
RIGHTS TO USE THE CO PYRIGHT WORK  
CREATED IN THE COURS E OF EMPLOYMENT  
Article 76  
If copyright works are created in the course of 
employment, the employment contract shall 
specify, among other things, whether the employer acquires the right to use the copyright works, and if he acquires it, it shall specify in particular the scope and duration  of such right. Unless otherwise 
provided by this Act, or by an employment contract 
or by other act regulating employment, the 
copyright in the work created in the course of employment shall be retained by the author without limitations.  
IP/N/1/HRV/C/6 
 
         - 18 -Chapter 5  
RELATION  BETWEEN COPYRIGHT  
AND OWNERSHIP  
  
GENERAL  
Article 77  
(1) Copyright is individual and independent from 
ownership and other proprietary rights in an 
object on which the work is fixed.  
(2) Ownership and other proprietary rights in an object on which a copyright wo rk is fixed 
shall not be, without the authorization of the 
holder, exercised contrary to copyright, 
unless otherwise provided by this Act.  
INDEPENDENCE OF LEGAL TRANSACTIONS  
Article 78  
(1) Disposition of copyright shall not affect the 
ownership in an object on which the work is 
fixed, unless otherwise provided by the law 
or a contract.  
(2) Disposition of ownership in an object on which the copyright work is fixed, shall not 
affect the copyright in such work, unless otherwise provided by the law or a contract.  
DESTRUCTION OF COPYRIG HT WORK  
Article 79  
(1) The owner of an original of a copyright work who knows or has reasonable grounds to know that the author or any of the co -
authors has a special interest in saving such original from destruction, shall be obliged, 
before destructing it, to notify them about 
the destruction and shall offer them to buy 
off the original at a price equivalent to its 
real value. Where the return of the original 
to the possession of the author is not 
possible, the owner shall allow the author  to 
make a copy of the work in a corresponding 
manner. If the author does not want to buy 
off the original, the owner is free to destroy 
it, but shall, at the author's request, allow 
him to photograph it before destruction.  
(2) The owner of objects containing  copies of a 
copyright work shall not have obligations 
referred to in paragraph (1) of this Article, unless he knows or has reasonable grounds 
to know that neither the original nor other 
copies of that work exist.  
(3) The owner of the object on which a copyri ght work has been fixed without his 
authorization, may destroy the object, without obligations referred to in paragraphs 
(1) and (2) of this Article.  
(4) The provisions set out in paragraphs (1) and 
(2) of this Article shall not apply to works of 
architecture . The owner of a work of 
architecture shall only be obliged to notify the author about the destruction, and shall 
allow him, at his request, to photograph the work and shall deliver to him a copy of the 
design of the work.  
(5) In respect of alterations of a w ork of 
architecture the interests of its owner must 
be taken into account. The author of a work 
of architecture shall not oppose to 
alterations of his work of architecture, which are necessitated by severe reasons such as 
safety or technical reasons. Where  the work 
of architecture needs reconstruction, his author shall not oppose to the use of other 
materials, if the materials used in the construction thereof proved to have 
deficiencies, or if such materials could not 
be obtained, or if they can be obtained  only 
with disproportionate difficulties or expenses. In such a case the author, where 
the work is designated by his name, shall be 
entitled to demand that the owner of the building, beside the name of the author 
make a note concerning alterations of the 
work and the time they were made.  
(6) If the owner acts contrary to the provisions of this Article, he shall be responsible for the infringement of the author's moral rights.  
Chapter 6  
CONTENT LIMITATIONS ON COPYRIGHT  
 
COMMON PROVISIONS  
Article 80  
Disclosed copyright work may be used without the 
author's authorization, or without the author's authorization and without payment of remuneration, only in the cases which are expressly stipulated in this Act. The provisions 
concerning the limitations referred to in this 
Chapter cover only such uses of a copyright work 
which do not conflict with regular use of the work and do not unreasonably prejudice the legitimate interests of the author.  
TEMPORARY ACTS OF RE PRODUCTION  
OF THE COPYRIGHT WOR K 
Article 81  
Temporary ac ts of reproduction of the copyright 
work, which are transient or incidental, and 
IP/N/1/HRV/C/6 
 
         - 19 -constitute an integral and essential part of a 
technological process, whose sole purpose is to 
enable a transmission in a network between third 
parties by an intermediary, or authorized use of the 
work, and which have no independent economic significance, shall be excluded from the exclusive right of reproduction referred to in Article 19, paragraph (1) of this Act. The provisions of this 
Article shall not affect the provisions  of Article 97 of 
this Act.  
REPRODUCTION OF THE WORK FOR  
PRIVATE OR OTHER PER SONAL USE  
Article 82  
A natural person may reproduce a copyright work in any medium if he does so for private use, or in 
the form of photocopying and other personal use if this copy is not intended for or accessible to the 
public and has no direct or indirect commercial purpose. It shall not be permitted to reproduce the whole book, unless the copies of such book have 
been sold out for at least two years, graphic 
editions of musi cal works (hereinafter: sheet 
music), electronic databases, cartographic works, nor the building of architectural structures, unless otherwise provided by this Act or a contract.  
EPHEMERAL RECORDINGS   
Article 83  
(1) Broadcasting organization, which has the 
authorization to broadcast a work, may 
record it on audio, video or text fixation 
mediums, by means of its own facilities and 
for its own needs (ephemeral recordings).  
(2) Broadcasting organization is obliged to destroy its ephemeral recordings referred to in paragraph (1) of this Article, at the latest 
one month after such a broadcast, or deposit them in its own or public official 
archive, where such recordings have 
particular documentary value.  
(3) Ephemeral recordings that are deposited in accordance with paragra ph (2) of this 
Article, may not be rebroadcast without the 
authorization of the right holder.  
RESTRICTIONS FOR THE  BENEFIT  
OF PARTICULAR INSTIT UTIONS  
Article 84  
Public archives, public libraries, educational and 
scientific institutions, preschool educat ional 
institutions and social (charitable) institutions pursuing non- commercial purposes may reproduce 
the work from their own copy to any media in not more than one copy.  COLLECTIONS INTENDED  FOR TEACHING  
OR SCIENTIFIC RESEAR CH  
Article 85  
(1) It shall be p ermitted to reproduce on paper 
or any similar medium and distribute 
particular portions (parts) of lawfully 
disclosed works, or integral short works 
from the domain of science, literature and music, as well as disclosed individual works 
of visual arts, architecture, applied arts and 
industrial design, photographic or 
cartographic works, and presentations of 
scientific or technical nature, in the form of a collection which contains contributions of 
several authors, and which is, by its 
contents, and systemat isation exclusively 
intended for teaching or scientific research, as long as the source is indicated, unless the 
author expressly prohibits it. Reproduction 
and distribution of particular parts of copyright works shall not be considered as 
infringement ref erred to in Article 16 of this 
Act, unless the disclosure of particular part would jeopardize the honour or reputation 
of the author.  
(2) The authors of the works included in the 
collection referred to in paragraph (1) of this 
Article, are entitled to an equit able 
remuneration for the reproduction and distribution of their works.  
USE OF COPYRIGHT WOR KS 
BY DISABLED PERSONS  
Article 86  
The use of copyright works for the benefit of 
people with a disability shall be permitted where the work is used in a manner directly related to the disability of such people to the extent required by the specific disability, and where such use is of a non-commercial nature.  
USE OF COPYRIGHT WOR KS FOR  
JUDICIAL, ADMINISTRA TIVE OR  
OTHER OFFICIAL PROCE EDINGS  
Article 87  
(1) It shall be  permitted to reproduce copyright 
works for the use in judicial, administrative 
and, except for collections, in arbitration or 
other official proceedings.  
(2) The provisions of paragraph (1) of this Article shall apply 
mutatis mutandis  to 
communication to the public of copies of the 
works, which are made for the purpose of official proceedings.  
IP/N/1/HRV/C/6 
 
         - 20 -USE OF THE WORKS FOR  TEACHING  
Article 88  
It shall be permitted to publicly perform a work or 
to present it at stage in the form of direct teaching or at school events,  to the extent justified by the 
educational purpose thereof to be achieved by 
such communication, where the works are not 
used for direct or indirect economic or commercial benefit by the educational institution, the organizers or third persons, where the performers 
receive no payment (remuneration) for their 
performance and where the tickets are free of 
charge.  
USE OF COPYRIGHT WOR KS FOR THE  
PURPOSE OF INFORMING  THE PUBLIC  
Article 89  
(1) It shall be permitted, to the extent 
necessary for informing the public  on 
current events by press, radio or television, to reproduce, to distribute and to 
communicate to the public:  
1. works that are part of current event that 
is being reported on, provided that the 
work is used to the extent justified by the 
purpose and manne r of reporting on 
current events;  
2. newspapers' articles on and photographs of current political, economical or 
religious topics, which are released 
through other media of public 
communication, provided that the author 
has not expressly prohibited such use,  
and that the work is used to the extent 
justified by the purpose and manner of 
reporting;  
3. public political, religious or other speeches made at state or local 
governmental bodies, religious institutions or at state or religious 
ceremonies, as well as excerpts from 
public presentations;  
(2) In all the cases referred to in paragraph (1) of this Article, the source and authorship shall be indicated.  
QUOTATIONS  
Article 90  
It shall be permitted to make quotations of excerpts 
from a copyright work, which has al ready been 
lawfully made available to the public for purposes of scientific research, teaching, criticism, polemics, revision, review to the extent justified by the 
purpose to be achieved and in accordance with fair practice, provided that the source and the name of 
the author are indicated.  
REPRODUCTION OF COPYRIGHT WORKS 
PERMANENTLY LOCATED  
IN PUBLIC PLACES  
Article 91  
(1) It shall be permitted to reproduce the 
works, which are permanently located on 
streets, squares, parks or other places that 
are accessi ble to the public, and to distribute 
and communicate to the public such 
reproductions.  
(2) The works referred to in paragraph (1) of this Article may not be reproduced in a 
three-dimensional form.  
(3) The source and authorship shall be indicated 
on the copies re ferred to in paragraph (1) of 
this Article, unless such indication is not possible.  
REPRODUCTION OF ARCHITECTURAL 
STRUCTURE  
Article 92  
The provisions referred to in Article 91, paragraph 
(1) of this Act shall apply only in respect of outer appearance of  the architectural structure.  
POSTERS AND CATALOGU ES  
Article 93  
(1) To organizers of public exhibitions or 
auctions it shall be permitted, for the 
purpose of promoting and to the extent 
necessary for such purpose, to reproduce on 
posters and in catalogues fo r such 
exhibitions or auctions, and to distribute by means of such posters and catalogues the works of visual arts, architecture, applied 
art, industrial designs and photographic 
works, which are displayed at a public 
exhibition or auction or are intended for 
such display.  
(2) In the catalogues referred to in paragraph 
(1) of this Article, the source and authorship 
shall be indicated.  
PARODIES AND CARICAT URES  
Article 94  
It shall be permitted to transform the work into a 
parody or caricature to the extent necessary for the 
purpose thereof, by indicating the work being transformed and its author.  
IP/N/1/HRV/C/6 
 
         - 21 -USE OF COPYRIGHT WOR KS FOR THE  
PURPOSE OF PRESENTAT ION AND 
TESTING OF EQUIPMENT  
Article 95  
Shops which sell phonograms or videograms, or 
equipment for audio and video reproduction or reception, shall be allowed to record the works on audio, video or text fixation mediums, to communicate the works from such mediums, as 
well as to communicate the broadcast works, to 
the extent necessary for presenting to direct buyers or for testing the functioning of phonograms 
or films or for the repair thereof.  
ERASURE OF RECORDING S  
Article 96  
The recordings made pursuant to the provision referred to in Article 95 of this Act shall be erased 
without delay.  
USE OF A DATABASE  
Article 97  
(1) A lawful user of a database or of a copy 
thereof shall be allowed to perform all acts 
of using, if this is necessary for the access to 
the content of the database and its normal 
use.  
(2) If a user is authorized only in respect of a 
part of the databas e, he shall be allowed to 
reproduce and alter only that part.  
(3) Any contractual provision contrary to the 
provisions of paragraphs (1) and (2) of this 
Article shall be null and void.  
OBLIGATIONS OF THE RIGHT HOLDER  
Article 98  
(1) Where the use of a copyright work without 
the author's authorization is allowed under 
Articles 82 - 87 of this Act, and where the 
use of the work or the access to it are prevented by the application of technological measures referred to in Article 175 of this 
Act, the authors or other  persons, who 
applied such measures or who are authorized or have the possibility to remove 
them, shall be obliged, by providing special measures or concluding contracts, to enable 
the users or their associations access to 
such works and the use thereof in  
accordance with the limitations referred to in Articles 82 - 87 of this Act. The provisions of 
this paragraph shall not apply to computer 
programs.  (2) If the right holders or other persons referred to in the previous paragraph fail to comply 
with the provis ions laid down in paragraph 
(1) of this Article, the works shall be used by 
the application of measures prescribed by 
the Minister competent for the State 
Intellectual Property Office (hereinafter: the 
Minister).  
(3) The technological measures applied 
volunta rily by right holders under this Act, 
including those applied in implementation of voluntary agreements, and technological 
measures applied in implementation of 
measures referred to in paragraphs (1) and 
(2) of this Article shall enjoy the legal protection  under Article 175 paragraph (1) 
of this Article.  
(4) The provisions referred to in paragraphs (1) 
and (2) of this Article shall not apply to 
works made available to the public on agreed contractual terms in such a way that 
members of the public may access th em 
from a place and at a time individually chosen by them.  
Chapter 7  
TIME LIMITATIONS OF COPYRIGHT  
 
GENERAL PROVISIONS O N 
DURATION OF COPYRIGHT  
Article 99  
Copyright shall run for the life of the author and for 
70 years after his death, irrespective of the date 
when the work is lawfully released, unless 
otherwise provided by this Act.  
DURATION OF COPYRIGHT FOR  
CO-AUTHORS' WORK  
Article 100  
(1) If the co -authors referred to in Article 11 of 
this Act are the holders of joint copyright in 
the created work, the term referred to in 
Article 99 of this Act shall be calculated from 
the death of last surviving co -author.  
(2) For audiovisual works, the term referred to in Article 99 of this Act shall be calculated from the death of the last of the following 
persons to sur vive: the principal director, 
the author of the screen play, the author of the dialogue, and the composer of music 
specifically created for use in the audiovisual work.
  
IP/N/1/HRV/C/6 
 
         - 22 -DURATION OF COPYRIGHT FOR  
ANONYMOUS WORK  
Article 101  
Copyright in anonymous works shall run for 70 
years after the work has been lawfully disclosed. If 
the author discloses his identity during such 
period, the term of protection set out in Article 99 of this Act shall apply.  
DURATION OF COPYRIGHT FOR  
PSEUDONYMOUS WORK  
Article 102  
Copyri ght in pseudonymous works shall run for 70 
years after the work is lawfully disclosed. Where a pseudonym leaves no doubt as to the identity of the author, the term of protection set out in Article 99 of this Act shall apply.  
DURATION OF COPYRIGHT FOR  
THE WORK DISCLOSED IN SE RIES  
Article 103  
Where a work is disclosed in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully disclosed, the term of protection shall run 
for each such item separ ately.  
DURATION OF COPYRIGHT FOR 
UNDISCLOSED WORK  
Article 104  
Where the term of protection is not calculated from 
the death of the author, and where the work has 
not been lawfully disclosed, the copyright shall 
expire upon the expiration of a period of s eventy 
years from the creation of the work.  
CALCULATION OF TERMS  
Article 105  
Terms of copyright laid down in this Act shall be calculated from the first day of January of the year 
following the year in which the relevant event has 
occurred.  
EFFECTS OF E XPIRATION OF TERMS  
Article 106  
(1) By the expiration of copyright, a copyright 
work shall become a public good, and may 
be used freely, with the obligation of 
recognizing authorship, paying respect to 
the work, and to the honour or reputation of 
the author.  
(2) Against those who do not comply with the obligation referred to in paragraph (1) of this Article the author's heirs, the 
associations of the authors the author belonged to, other persons having legal interest in it and the Croatian Academy of 
Sciences and Arts, shall be entitled to 
demand the termination of infringement of 
such obligation.  
Chapter 8  
SPECIAL PROVISIONS FOR COMPUTER 
PROGRAMS AND AUDIOVISUAL WORKS  
 
8.1. Special provisions for  
computer programs  
 
SUBJECT MATTER OF PR OTECTION  
Article 107  
A computer program, under this Act, shall be 
protected as the work of language if it is original in 
the sense that it is the author's own intellectual creation. The term "computer program" shall comprise the expression of a computer program in any form, including its preparatory design material. 
Ideas and principles, which underlie any element 
of a computer program, including those which underlie its interfaces, shall not be protected by copyright.  
COMPUTER PROGRAM CRE ATED IN THE 
COURSE OF EMPLOYMENT  
Article 108  
If a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all the economic rights in the program so created, unless 
otherwi se provided by a contract.  
RIGHT OF THE AUTHOR OF COMPUTER 
PROGRAM  
Article 109  
(1) The author of a computer program shall 
have, according to the provisions of Chapter 
3, Title II of this Act, the exclusive right to do or to authorize:  
1. the permanent or temp orary 
reproduction of a computer program by 
any means and in any form, in part or in 
whole; this includes loading, displaying, 
running, transmission or storage of a 
computer program which necessitate its reproduction;  
2. the translation, adaptation, arrangem ent 
and any other alteration of a computer 
program, and the reproduction of the 
results thereof, without prejudice to the 
IP/N/1/HRV/C/6 
 
         - 23 -right of the person who alters the 
program;  
3. any form of distribution of the original or 
copies of a computer program, including 
the rental thereof.  
(2) The provisions of Articles 17, 32 and 82 of this Act shall not apply to computer 
programs. Computer programs shall not be subject to public lending, unless otherwise 
provided by a contract.  
EXCEPTIONS  
Article 110  
(1) In the absence of specific  contractual 
provisions the acts referred to in Article 109, paragraph (1), items 1 and 2 of this Act, 
shall not require authorization by the right 
holder, where they are necessary for the use 
of the computer program by the lawful 
acquirer in accordance wi th its intended 
purpose, including for error correction.  
(2) The making of a back -up copy by a person 
having a right to use the computer program 
may not be prevented by a contract insofar 
as it is necessary for that use.  
(3) The person having a right to use a co py of a 
computer program shall be entitled, without the authorization of the author, to observe, 
study or test the functioning of a program in 
order to determine the ideas and principles 
that underlie any element of the program, if 
he does so while perform ing any of the acts 
of loading, displaying, running, transmitting 
or storing the program which he is entitled 
to do.  
(4) Any contractual provision contrary to the provisions of paragraphs (2) and (3) of this 
Article shall be null and void.  
DECOMPILATION  
Article 111  
(1) If the reproduction of the code and 
translation of its form, according to the 
provision of Article 109, paragraphs (1) and (2) of this Act, are indispensable to obtain 
the information necessary to achieve the 
interoperability of an independently created 
program with other programs, the authorization of the right holder shall not be 
required, provided that:  
1. these acts are performed by the 
authorization for use or by another 
person having a right to use a copy of a program, or on their behalf, by a  person 
authorized to do so,  
2. the information necessary to achieve 
interoperability has not previously been 
readily available to the persons referred 
to in item 1 of this paragraph, and  
3. these acts are confined only to those parts of the original program wh ich are 
necessary to achieve interoperability.  
(2) Information obtained through application of the provisions of paragraph (1) of this 
Article may not be:  
1. used for goals other than to achieve the interoperability of the independently 
created computer program ;  
2. transferred to other persons, expect 
when necessary for achieving the 
interoperability of the independently 
created program; or  
3. used for the development, production or 
marketing of another program 
substantially similar in its expression, or 
for any oth er act that infringes copyright.  
(3) The provisions of this Article may not be interpreted in such a way as to allow its 
application to be used in a manner that 
unreasonably prejudices legitimate interests of the right holder or conflicts with a normal 
use of  the computer program. 
(4) Any contractual provision contrary to the provisions of this Article shall be null and 
void.  
SPECIAL MEASURES OF PROTECTION  
Article 112  
Infringements of the rights in a computer program 
shall constitute, in particular:  
1. any act of d istribution of a copy of a 
computer program, knowing, or having 
reason to believe, that it is an infringing 
copy;  
2. the possession, for commercial purposes, of a copy of a computer program, knowing, or heaving reason to believe, 
that it is an infringing cop y;  
3. any act of distribution, or the possession for commercial purposes, of any means 
the sole intended purpose of which is to facilitate the unauthorized removal or 
circumvention of a technical device 
IP/N/1/HRV/C/6 
 
         - 24 -serving as protection of a computer 
program.  
CONTINUED APPLICATION OF  
OTHER LEGAL PROVISIO NS 
Article 113  
The provisions of this Act regarding the protection 
of computer programs shall be without prejudice to any other legal provisions, such as those 
regulating the protection of inventions by patents, 
protecti on of layout designs of semi- conductor 
products, trademarks, unfair competition, protection of business secrets or contractual obligations.  
8.2. Special provisions for  
audiovisual works  
 
AUDIOVISUAL WORKS  
Article 114  
Audiovisual works, under this Act, shall mean cinematographic, television, documentary, animated, advertising or other films, and other audiovisual works expressed by sequence of images giving the impression of movement, with or 
without a sound, irrespective of the type of the 
medium on which  they are fixed.  
AUDIOVISUAL ADAPTATION  
Article 115  
(1) The right of adaptation of a copyright work 
into an audiovisual work (the right of 
audiovisual adaptation) shall be acquired by 
a contract on audiovisual adaptation. Unless 
otherwise provided by the contract it shall 
be considered that the exclusive right of audiovisual adaptation has been acquired.  
(2) If the right of adaptation of a copyright work has been acquired as the exclusive right, the 
author of the adapted work shall retain:  
1. the exclusive right of new audiovisual adaptations of the adapted work, which 
he may exercise after the expiration of twenty years from the conclusion of the 
contract referred to in paragraph (1) of 
this Article;  
2. the exclusive right of further alteration of the audiovisual work into any other artistic form;  
3. the right to an equitable remuneration for any rental of a videogram containing 
the adapted work.  (3) The author cannot renounce the right referred to in paragraph (2) of this Article.  
CO-AUTHORS OF AUDIOVISUAL WORK  
Article 116  
(1) The following shall be considered as co-
authors of an audiovisual work:  
1. the principal director,  
2. the author of screenplay,  
3. the author of dialogue,  
4. the principal cameraman,  
5. the composer of music specifically 
created for use in such work.  
(2) If a drawing  or animation represents an 
essential element of an audiovisual work, the principal drawer or the principal 
animator shall be considered as a co -author 
of that work.  
(3) If another natural person proves that his 
original intellectual creation is an essential 
part of the audiovisual work and that he or she could be recognized as a co -author of 
that work under the general rules, this person will be recognized as a co- author of 
the audiovisual work.  
AUTHORS OF CONTRIBUT IONS 
TO AUDIOVISUAL WORK  
Article 117  
A mu sic composer, a principal drawer or a 
principal animator, who is not considered the co-
author of an audiovisual work according to the 
provision laid down in Article 116 of this Act, a scenographer, a costume designer, a face makeup artist, an editor and other authors that participate in the creation of an audiovisual work, shall have the copyright in their individual contributions (authors 
of contributions).  
CONTRACT ON AUDIOVISUAL PRODUCTION  
Article 118  
(1) A contract on audiovisual production shall 
regulat e the relations between the film 
producer, the co -authors of an audiovisual 
work and the authors of contributions 
thereof, as well as the relations between the 
authors of an audiovisual work.  
(2) Unless otherwise provided by the contract 
on audiovisual production between the film 
producer and the authors of contributions, it 
shall be considered that the film producer 
acquires all the economic rights of such 
IP/N/1/HRV/C/6 
 
         - 25 -authors to the extent necessary to fulfil the 
purpose of the contract.  
(3) If the co -authors have entrusted  their right 
of rental to the film producer by the contract referred to in paragraph (1) of this Article, 
they shall retain the right to an equitable 
remuneration for the rental of an audiovisual 
work.  
(4) Notwithstanding the provisions laid down in 
paragraph  (2) of this Article, the authors of 
contributions shall retain the right to use individually their contributions to an 
audiovisual work, provided that the rights of 
film producers are not prejudiced thereby.  
(5) Co-authors of an audiovisual work cannot 
renou nce the rights referred to in paragraph 
(3), and authors of contributions cannot 
renounce the rights referred to in paragraph 
(4) of this Article.  
(6) The provisions of Article 17, Article 47, 
paragraph (1), and Article 48 of this Act 
shall not apply to audiovisual works.  
REPORT ON REMUNERATI ON FOR  
RIGHTS TO AUDIOVISUA L WORK  
Article 119  
The film producer of an audiovisual work must at 
least once a year submit to the co- authors a report 
on the profits for each form of use of the work.  
COMPLETED AUDIOVISUA L WORK  
Article 120  
(1) An audiovisual work shall be deemed 
completed when, according to the 
agreement between the principal director 
and the film producer, the first standard 
copy of the work, which is the subject 
matter of the contract on production, is 
finished.  
(2) The destruction of the master of the first 
standard copy of the audiovisual work shall 
be prohibited.  
(3) If any of the co -authors or authors of 
contribution refuses to continue to 
collaborate in creation of the audiovisual work, or if he is unable to continue to 
collaborate due to force majeure, he may 
not oppose to the use of his contribution 
already made, for the purpose of completion 
of such work. Such author shall have respective copyright as to the contribution to 
the audiovisual work he has already  made.  RESCINDING OF CONTRA CT  
Article 121  
(1) If a film producer of an audiovisual work 
does not complete the work within five 
years from the conclusion of the contract on 
the audiovisual production of such work, or 
if he does not distribute the completed w ork 
within two years from the time of its 
completion, the co- authors may demand 
that the contract be rescinded, unless any other term has been stipulated in the 
contract.  
(2) In the case referred to in paragraph (1) of 
this Article, the co -authors and authors  of 
contributions retain the right to obtain remuneration.  
III. RELATED RIGHTS  
 
Chapter 1  
RIGHTS OF PERFORMERS  
 
PERFORMERS  
Article 122  
Performers shall mean actors, singers, musicians, 
dancers and other persons who act, sing, deliver, 
declaim, play in , interpret, or otherwise perform 
literary or artistic works or expressions of folklore. 
A director of theatrical performance and a conductor of an artistic ensemble shall be also deemed performers.  
 
REPRESENTATIVE OF  
AN ARTISTIC ENSEMBLE   
Article 123  
(1) Performers who are members of an artistic 
ensemble may authorize, in a written form, 
one of their members or a third person to 
represent them in the exercise of their 
performer's right.  
(2) The authorization referred to in paragraph 
(1) of this Article shall re quire the consent of 
the majority of members of an artistic ensemble, unless otherwise provided by the 
internal rules of the ensemble. It shall be deemed that performers who are not 
members of an ensemble but participate in a 
particular performance of that  ensemble also 
have given their consent.  
(3) The provisions of paragraphs (1) and (2) of this Article shall not apply to conductors, 
soloists, directors of theatrical performances 
and players of leading roles, who are not 
IP/N/1/HRV/C/6 
 
         - 26 -members of the ensemble, unless otherw ise 
agreed between them and the artistic 
ensemble.  
MORAL RIGHTS OF PERF ORMERS  
Article 124  
(1) A performer shall have the right to be 
recognized and indicated as such, that is,  to 
decide whether his name, or other indication of his identity will be indicate d at the time 
his performance is used.  
(2) A person who publicly uses a performance 
shall at any use indicate a performer, except 
where the performer declares in a written form that he does not want to be indicated 
as such.  
(3) A performer shall be deemed a pers on 
whose name, pseudonym, artist's mark or 
code is regularly indicated on the copies of a 
performance or at its disclosure, until proven 
to the contrary.  
(4) A performer shall have the right to oppose 
to any destruction, distortion, mutilation or 
similar modification of his performance, and 
any use of the performance, which is 
jeopardizing or might jeopardize his honour or reputation.  
EXCLUSIVE ECONOMIC R IGHTS  
OF PERFORMERS  
Article 125  
A performer shall have the exclusive right:  
1. to fix his unfixed perform ance;  
2. to reproduce his fixed performance;  
3. to distribute, including the rental, of his 
fixed performance;  
4. to communicate to the public his unfixed and fixed performance including in 
particular:  
• the right of broadcasting and rebroadcasting  
• the right of public communication of 
fixed performances and broadcasting  
• the right of public transmission  
• the right of public presentation  
• the right of making available to the public  REMUNERATION FOR REN TAL 
Article 126  
A performer, who entrusts his rental right to a 
producer of phonograms or to a film producer, shall retain his right to an equitable remuneration for the rental of his fixed performance. The 
performer may not renounce the right to an 
equitable remuneration. A remuneration for the rental shall be paid by  the person renting the 
performance.  
REMUNERATION FOR BROADCASTING AND 
PUBLIC COMMUNICATION  OF A 
PERFORMANCE  
Article 127  
(1) A performer shall be entitled to a share in a 
single equitable remuneration for 
broadcasting and any other communication to the publ ic of his fixed performance.  
(2) The single equitable remuneration referred to in paragraph (1) of this Article consists of 
individual remunerations which belong to 
the performers and the producers of phonograms.  
RIGHT TO REMUNERATION  
Article 128  
(1) A performe r shall be entitled to an equitable 
remuneration for any audio or audiovisual recording of his fixed performance for 
private or other personal use, as referred to 
in Article 32, paragraph (1) of this Act.  
(2) A performer shall be entitled to an equitable remuneration, where his fixed performance 
in respect of which further distribution is allowed is lent by intermediary of public libraries. The provisions of Article 33 
paragraphs (2) and (4) of this Act shall 
apply 
mutatis mutandis  to such right.  
USE OF PERFORMANCE FOR COMPLETIO N OF 
AUDIOVISUAL WORK  
Article 129  
If a performer refuses to complete his performance 
in an audiovisual work, or if he is unable to do so due to force majeure, he may not oppose to the use of his performance already made, for the purpose of completion of such audiovisual work. 
Such a performer shall have adequate rights as to 
the contribution he has already made.  
IP/N/1/HRV/C/6 
 
         - 27 -PERFORMANCE GIVEN IN THE FRAMEWORK  
OF AN EMPLOYMENT CON TRACT  
Article 130  
(1) A performance made in the course of 
employment sh all, under this Act, mean a 
performance given by a performer - an 
employee in the execution of his duties with 
a certain employer or following the instructions given by him. The relations in 
respect to a performance given in the course 
of employment shall be regulated by this 
Act, by an employment contract, or any other act regulating employment.  
(2) If a performance is given in the course of 
employment, the employment contract shall 
specify, among other things, whether the 
employer acquires the right to use t he 
performance, and if he acquires it, it shall specify in particular, the scope and duration 
of such right. Unless otherwise provided by this Act, or by an employment contract or by 
other act regulating employment, the 
performer's right in the performance  shall be 
retained by the performer without limitations. 
DURATION OF RIGHTS  
Article 131  
The economic rights of a performer shall run for 50 
years as from the date of the performance. If, 
within this term, a fixation of the performance has 
been lawfully published or lawfully communicated to the public, the rights shall run for 50 years as from the date of the first such publication or from the first such communication to the public, whichever occurred earlier.  
 
Chapter 2  
RIGHT OF PRODUCERS OF 
PHONOGRAMS  
 
DEFINITIONS  
Article 132  
(1) A phonogram shall mean the fixation of the 
sounds of a performance or of other sounds 
or of representations of sounds, other than 
in the form of fixations incorporated in 
audiovisual works. Fixation, within the 
meaning of this Arti cle, shall mean the 
embodiment of sounds, or of the 
representations thereof, in a medium from 
which they can be listened, reproduced or 
communicated through a device. The rights in a phonogram are not in any way limited 
with its embodiment in a videogram. 
(2) Producer of phonograms, under this Act, 
shall be a natural or a legal person, who or 
which takes the initiative and has the 
responsibility for the first fixation of the 
sounds of a performance or of other sounds 
or of the representations of sounds. It shal l 
be considered that the producer of a 
phonogram is the one whose name or 
company name is regularly indicated as the 
holder of the rights of phonogram producers 
on the phonogram, until proven to the 
contrary.  
RIGHTS OF THE PRODUCERS  
OF PHONOGRAMS  
Article 133  
(1) A producer of phonograms shall have the exclusive right:  
1. to reproduce his phonograms;  
2. to distribute his phonograms, including the right of rental, except the right under 
Article 20 paragraph (5) of this Act;  
3. to make available to the public his phonograms.  
(2) Disposition with the rights of phonogram 
producers shall be free. The right of 
phonogram producers shall in no way 
prejudice the copyright and the right of 
performers.  
RIGHT TO REMUNERATION 
FOR PUBLIC LENDING  
Article 134  
A producer of phonograms shall have the right to 
an equitable remuneration for lending of his phonograms, that is, the copies thereof, by intermediary of public libraries.  
RIGHT TO REMUNERATION FOR  
BROADCASTING AND PUB LIC 
COMMUNICATION OF PHONOGRAMS  
Article 135  
A producer of phonograms shall be entitled, in accordance with the provision laid down in Article 127, paragraph (2) of this Act, to a share in a 
single equitable remuneration for broadcasting and 
any other communication to the public of his phonograms published for commercial purposes.  
RIGHT TO REMUNERATION FOR 
REPRODUCTIONS  
IP/N/1/HRV/C/6 
 
         - 28 -OF PHONOGRAMS FOR PRIVATE  
OR OTHER PERSONAL USE 
Article 136  
A producer of phonograms shall be entitled to an 
equitable remuneration for each audio recording of 
his phonograms for private or other personal use, 
as referred in Article 32, paragraph (1) of this Act.  
DURATION OF RIGHTS  
Article 137  
The rights of a producer of phonograms shall run for 50 years as from the date of the first fixation of a phonogram. If the phonogram is lawfully 
published during this period, the rights shall run for 
50 years as from the date of the first such publication. If the phonogram is not published during this period but is lawfully communicated to the public, the rights shall run for 50 years as from the date of the first such communication to the 
public.  
Chapter 3  
RIGHTS OF FILM PRODUCERS  
(RIGHTS OF PRODUCERS OF 
VIDEOGRAMS)  
 
FILM PRODUCER AND A VIDEOGRAM  
Article 138  
(1) A film producer (a producer of videograms), 
under this Act, shall mean a natural or a 
legal person, who or which in its own name 
takes the initiative, raises funds, organizes and takes the responsibility for making of 
the first fixation of an audiovisual work, as 
well as of sequences of moving images 
accompanied by sound or without sound 
(videogram). A f ilm producer shall be 
deemed the one whose name or company 
name is regularly indicated as the holder of 
the rights of the videogram producer on a 
videogram, until proven to the contrary.  
(2) A videogram shall be, under this Act, a fixation of an audiovisual work, as well as of 
a sequence of moving images accompanied by sound or without sound.  
RIGHTS OF FILM PRODU CERS  
Article 139  
(1) A film producer shall have, in respect of copies of his videogram, the exclusive right of:  
1. reproduction;  2. distribution, including the right of rental, 
except the right under Article 20 
paragraph (5) of this Act;  
3. public presentation;  
4. making available to the public.  
(2) Disposition with the right of the film 
producer shall be free. The right of film 
producers shall in no way prejudice t he 
copyright, the right of performers and the 
right of phonogram producers.  
RIGHT TO REMUNERATION 
FOR PUBLIC LENDING  
Article 140  
A film producer shall be entitled to equitable 
remuneration for the lending of videograms by 
intermediary of public libraries.  
RIGHT TO REMUNERATION FOR  
REPRODUCTIONS OF VID EOGRAMS  
FOR PRIVATE OR OTHER  PERSONAL USE  
Article 141  
A film producer shall be entitled to equitable remuneration for any audio and visual reproduction of his videograms for private and other personal use, as referred to in Article 32, paragraph (1) of this Act.  
DURATION OF RIGHTS  
Article 142  
The rights of film producers shall run for 50 years as from the date of the first fixation of a videogram. If the videogram is lawfully published or lawfully commu nicated to the public during this period, the 
rights of the film producer shall run for 50 years as 
from the date of the first such publication or the 
first such communication, whichever occurred earlier.  
 
Chapter 4  
RIGHT OF BROADCASTING 
ORGANIZATIONS  
 
RIGHTS OF BROADCASTIN G ORGANIZATIONS  
Article 143  
(1) A broadcasting organization shall have the 
exclusive right:  
1. to rebroadcast its broadcasts by wire or wireless means;  
2. to fix its broadcasts;  
3. to reproduce its fixed broadcasts;  
IP/N/1/HRV/C/6 
 
         - 29 -4. to distribute its fixed broadca sts, except 
the rights of their rental and lending;  
5. to publicly communicate its broadcasts if 
such communication is accessible to the 
public against payment of an admission;  
6. to make available to the public of its fixed broadcasts.  
(2) A cable distributor who merely retransmits 
by cable the broadcast of broadcasting organizations shall not be a broadcasting 
organization pursuant to the provisions of 
this Chapter.  
(3) Disposition with the right of broadcasting organizations shall be free. The right of 
broadcasting organizations shall in no way 
prejudice the copyright, the right of 
performers nor the right of film producers.  
DURATION OF RIGHTS  
Article 144  
The rights of broadcasting organizations shall run 
for 50 years counting from the date of the first broadcast irr espective of whether it is by wire or 
wireless means.  
 
Chapter 5  
RIGHTS OF PUBLISHERS  
IN THEIR EDITIONS  
 
RIGHT TO REMUNERATION FOR  
REPRODUCTION OF OWN WRITTEN 
EDITIONS FOR  
PRIVATE OR OTHER PER SONAL USE  
Article 145  
(1) The publishers shall have their own righ t to 
a remuneration for any reproduction of their 
written editions for private and other 
personal use, equal to the right of the 
author to a remuneration as referred in 
Article 32, paragraph (2) of this Act.  
(2) The right to a remuneration referred to in paragraph (1) of this Article shall run for 50 
years as from the date of the lawful 
publication of the work, and may be freely 
disposed with.  
RIGHT IN THE FIRST E DITION  
OF UNRELEASED FREE W ORKS  
Article 146  
(1) A person who for the first time lawfully publishes or communicates to the public a still undisclosed work in which the copyright has expired, shall enjoy the right equal to 
the economic rights of the author under this Act.  
(2) The right referred to in paragraph (1) of this Article shall run for 25 years as fr om the 
date of the first lawful publication of the work, or its communication to the public, and may be freely disposed with.  
Chapter 6  
RIGHTS OF PRODUCERS  
OF DATABASES  
 
DATABASE, PRODUCER O F DATABASES  
Article 147  
(1) A database, under this Chapter of the Act, shall mean a collection of independent 
works, data or other materials in any form, 
arranged in a certain systematic or 
methodical way and individually accessible 
by electronic or other means, whereby 
either the obtaining, verification or 
presentation o f is contents requires a 
qualitatively and/or quantitatively substantial 
investment in terms of resources, time and 
efforts engaged.  
(2) A producer of database shall be a natural or a legal person, who or which takes the initiative and risk of the investment referred 
to in paragraph (1) of this Article.  
(3) The protection of a database referred to in paragraph (1) shall be independent of its 
protection by copyright or any other right.  
(4) Disposition with the right of the producers of databases shall be free. The right of the producers of databases shall in no way 
prejudice the copyright, the right of 
performers, the right of producers of 
phonograms, the right of film producers, nor 
the right of broadcasting organizations.  
SUBJECT MATTER OF PR OTECTION  
Article 148  
(1) A subject matter of protection shall, 
according to the provisions of this Chapter, include:  
1. the whole contents of a database;  
2. any qualitatively and/or quantitatively substantial part of the contents of a 
database;  
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         - 30 -3. qualitatively and/or quantitatively 
insubst antial parts of the contents of a 
database, when these parts are used 
repeatedly and systematically, which 
conflicts with a normal use of the 
database or which unreasonably 
prejudice the legitimate interests of the 
producer of the database.  
(2) The protection regulated by this Article shall 
not apply to computer programs used in the making of databases, or for the operation of 
databases, which are accessible by 
electronic means.  
RIGHTS OF PRODUCERS OF DATABASES  
Article 149  
(1) The producer of a database shall have the 
exclusive right to do or to authorize:  
1. reproduction of his database;  
2. distribution of copies of his database, 
including the rental thereof, except the right under Article 20 paragraph (5) of 
this Act, and excluding any form of public 
lending;  
3. making available to the public of his database;  
4. other forms of communication to the 
public of his database.  
(2) The exhaustion of the distribution right extends only to the resale.  
EXCEPTIONS  
Article 150  
An authorized user of a disclosed database may, 
without the authorization of its producer, use the 
substantial parts of its contents in the case:  
1. referred to in Article 149, item 1 of this 
Act for private use of a non -electronic 
database;  
2. referred to in Article 149, item 1 of this Act for use intended for teac hing or 
scientific research, provided that the source is indicated and to the extent 
justified by the non -commercial purpose;  
3. referred to in Article 149, items 1, 2, 3, 
and 4 of this Act for use required for 
public safety, or for administrative or 
judicia l proceedings.  RIGHTS AND OBLIGATIO NS 
OF AUTHORIZED USERS  
Article 151  
(1) An authorized user of a disclosed database 
may not be prevented from using 
insubstantial parts of its contents for any 
purposes. Where the authorized user is 
authorized to use only a part of the database, this paragraph shall apply only to 
that part.  
(2) An authorized user of a database which is made available to the public may not 
perform acts which conflict with a normal use of that database, or which unreasonably 
prejudice the legitimat e interests of its 
producer.  
(3) An authorized user of a database made 
available to the public may not cause 
damage to the holder of a copyright or 
related right in respect of the works or subject matter contained in that database.  
(4) Contractual provisions, whi ch are contrary to 
paragraphs (1), (2) and (3) of this Article 
shall be null and void.  
DURATION OF RIGHTS  
Article 152  
Rights of a producer of a database shall run for 15 
years as from the date of the completion of the making of the database. If the database is lawfully disclosed during this period, the rights shall run for 15 years as from the first such disclosure.  
DURATION IN CASE OF  
SUBSTANTIAL CHANGE  
Article 153  
Any qualitative or quantitative substantial change of part of the contents of a databas e, which is a 
qualitative or quantitative substantially new 
investment in contents of the database, shall result 
with a new term of protection referred to in 
paragraph (1) of this Article*. A substantial change 
of the contents a database shall also include  
successive additions, deletions and alternation of 
the database.  
 
 
  
 
* The correct expression shall read: Article 152 of 
this Act  
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         - 31 -IV. MANAGEMENT OF RIGHTS  
 
ACTIVITY RELATED TO THE MANAGEMENT  
OF COPYRIGHT AND REL ATED RIGHTS  
Article 154  
(1) The management of copyright or related 
rights (hereinafter: management of ri ghts) 
shall include the following tasks, in particular:  
• giving authorizations for the use of the subject matter of copyright and related rights (subject matters of protection), where this authorization is required by 
the Act;  
• collecting of remunerations for the use of 
the subject matter of protection, where used subject to payment of 
remuneration;  
• distributing of collected remunerations among the right holders;  
• 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;  
(2) The management of rights may include all or some of the activities referred to in 
paragraph (1) of this Article.  
INDIVIDUAL MANAGEMENT OF RIGHTS  
Article 155  
(1) The management of  rights that relates to an 
individual use of a particular subject matter of protection, in accordance with the 
relevant contract between the right holder 
and the user of the subject matter of protection, shall be carried out by the right 
holder himself or through a representative.  
(2) The tasks of an authorized representative may be carried out by an attorney at law, a 
specialized legal person for the management of copyright and related rights, and an 
association referred to in Article 157 of this 
Act. 
(3) A speci alized legal person referred to in 
paragraph (2) shall be a company with at least one employee with a law degree.  COLLECTIVE MANAGEMEN T OF RIGHTS  
Article 156  
(1) Collective management of rights may include the following:  
1. Rights of authors:  
a. right of public p erformance, right of 
public transmission, right of public communication of a fixed work, right of broadcasting, right of 
rebroadcasting, right of public 
communication of a broadcasting 
and right of making available to the 
public of non -stage musical and 
literary works;  
b. right of reproduction (audio recording) of musical works;  
c. right of distribution, including the right of rental and the right to a 
remuneration referred to in Article 
20 paragraph 5 of this Act;  
d. right to a remuneration for public 
lending;  
e. resale right when the original works of art are being resold;  
f. right to a remuneration for 
reproduction of a work for private or 
other personal use;  
g. right to a remuneration referred to in Article 85 paragraph (2) of this 
Act  
h. right to a remuneration for communication to the public of folk 
literary and artistic creations.  
2. Right of performers:  
a. right of public communication of a 
fixed performance and 
broadcastings;  
b. right of public presentation of a fixed 
performance;  
c. right of broadcasting and rebroadcasti ng of a fixed 
performance;  
d. right of making available to the public of a fixed performance;  
e. rental right of a fixed performance, and the right to a remuneration 
referred to in Article 20 paragraph 
(5) of this Act;  
f. right to a remuneration for public 
lending of a fixed performance;  
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         - 32 -g. right to a remuneration for 
reproduction of a fixed performance 
for private or other personal use.  
3. Rights of producers of phonograms:  
a. right of making available to the public of a phonogram;  
b. right to a remuneration for broadca sting and public 
communication of a phonogram;  
c. right of rental of a phonogram;  
d. right to a remuneration for public 
lending of a phonogram;  
e. right to a remuneration for reproduction of a phonogram for 
private or other personal use.  
4. Rights of film producer s:  
a. right to a remuneration for public lending of a videogram;  
b. right to a remuneration for reproduction of a videogram for private or other personal use.  
5. Rights of publishers:  
a. right to a remuneration for 
reproduction of their written editions 
for privat e or other personal use.  
(2) The right of broadcasting and rebroadcasting referred to in paragraph (1), items 1a) and 2c), the right to a 
remuneration for broadcasting referred to in 
paragraph (1) item 3b) the rental right 
referred to in items 1c), and where it 
regards recorded musical works, 2e) and 
3c), the right to a remuneration for public 
lending referred to in items 1d), 2f), 3d) and 
4a), and the right to a remuneration for 
reproduction for private and other personal 
use referred to in items 1f), 2g), 3e), 4b), 5a), shall be managed only through a 
collective rights management association.  
(3) The provisions referred to in paragraph (2) of this Article shall not apply to cable 
retransmission, where it concerns the 
broadcasting organization in respect of its 
own broadcasts, irrespective of whether the 
rights concerned are its own or have been 
transmitted to it by other holders of 
copyright and related rights.  COLLECTIVE RIGHT MAN AGEMENT  
ASSOCIATIONS 
Article 157  
(1) Collective management of rights may be 
carried out by an association of the right 
holders, which has the authorization granted 
by the State Intellectual Property Office 
(hereinafter: the Office) for performing such activity.  
(2) The authorization referred to in paragraph (1) of this Article shall be grante d by the 
Office to an association which:  
a. has its principle place of business in the Republic of Croatia;  
b. has adequate premises, equipment and technical service with at least one 
employee with a law degree;  
c. is engaged in the collective management of righ ts as its only activity, unless its 
other engagements relate to the cultural 
or art activities, and to the activities 
aiming at professional or social interests 
of its members.  
(3) The association shall manage the rights in its own name and for the account of  the 
right holders.  
MANAGEMENT OF RIGHTS  
THROUGH THE ASSOCIAT ION  
Article 158  
(1) A collective rights management association may manage one, two or more types of 
rights that usually relate to a particular 
category of the holders of copyright or 
related right s.  
(2) The association may entrust certain kind of 
tasks regarding the management of rights to 
some other association referred to in Article 
157, paragraph (1) of this Act, in the form of 
a written contract. The entrusted association 
shall manage the rights in the name and for the account of the entrusting association, or 
in its own name and for the account to the 
entrusting association.  
(3) The association may entrust the administrative, technical or accessory works 
to another natural or legal person, in the 
form of a written contract.  
IP/N/1/HRV/C/6 
 
         - 33 -AUTHORIZATION FOR THE 
MANAGEMENT OF RIGHTS  
Article 159  
(1) The collective management of rights 
referred to in Article 156 of this Act, with 
respect to the same category of right 
holders can be entrusted by the Office to 
one association only, and that to an association to which the most right holders 
have given their powers of attorney for the 
management of their rights, and which has 
the most contracts on mutual 
representations with foreign associations, all in accordance with the pro fessional criteria 
referred to in Article 169, paragraph (2) of this Act.  
(2) It shall be presumed that the association referred to in paragraph (1) of this Article 
has powers of attorney of all domestic and 
foreign right holders of a respective right, unless  a right holder has explicitly notified 
the association, in a written form, not to manage his rights.  
(3) A collective rights management association shall inform a user, upon his request, of the right holders whose rights it does not 
manage based on the notif ication referred to 
in paragraph (2) of this Article.  
GRANTING OF AUTHORIZ ATION FOR USE  
Article 160  
(1) A natural or a legal person shall, prior to starting to use a particular subject matter of 
protection, submit to a relevant collective 
rights management association a request for 
the authorization of such use. 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 rights management association shall give to a user its authorization for the use of the subject 
matter of protection for the management of 
which it has been authorized. The 
authorization 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.  
(3) A user shall submit to a collective rights management association, without delay, t he information relating to any change of circumstances of such use or of its 
termination, in order to change the conditions under which the authorization has 
been granted or to withdraw the 
authorization.  
(4) A natural or a legal person who or which allows the use of her or its premises to another person who uses subject matters of 
protection in such space, shall check 
whether that person has the adequate 
authorization for the use of the subject 
matter of protection. Where a natural or a 
legal person has allow ed the use of her or 
its premises to a person having not such 
authorization, 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 pay a 
corresponding remuneration for the use of the subject matter of protection.  
COLLECTING OF INFORM ATION  
Article 161  
In case of insufficient information on or an 
unauthorized use of the subject matter of protection, the competent state administration bodies or other legal persons,  shall submit to the 
collective rights management associations at their 
request the information from their own records that 
relate to the management of rights under this Act.  
REMUNERATION FOR THE  USE 
OF SUBJECT MATTERS O F PROTECTION  
Article 162  
(1) A remunera tion for the use of the subject 
matter of protection shall be regulated by a 
contract between a collective rights 
management association and a user of the 
subject matter of protection, or between a collective management association and an 
association of users or their chamber.  
(2) If the remuneration is not fixed in accordance with paragraph (1) of this 
Article, it shall be paid according to the tariffs adopted by a collective rights 
management association.  
(3) Collective rights management associations shall, prior to adopting their tariffs, submit 
the proposal thereof for consideration to and 
the declaration by the Croatian Chamber of 
Economy, the Croatian Chamber of Trades and Crafts (hereinafter referred to as: the 
Chambers) and the associations of 
broadcasting organizations gathering the 
IP/N/1/HRV/C/6 
 
         - 34 -majority of users of subject matters of 
protection (hereinafter: the Associations of 
Broadcasting Organizations).  
(4) If the Chambers and Associations of 
Broadcasting Organizations fail to furnish a 
written declaration to a collective rights 
management association within 30 days, it 
shall be deemed that they do not oppose to the proposed tariffs.  
(5) If a collective rights management association does not accept or only partially 
accepts the objections of the Chambers, and 
Associations of Broadcasting Organizations it 
shall, within 15 days following the receipt of such written objections, request the Council of Experts Dealing with Remunerations for 
Copyright and Related Rights (hereinafter 
referred to as: the Council of Experts) for 
their opinion on the subject matter of 
disagreement. The Council of Experts shall, 
within 30 days following the receipt of 
objections, render its opinion.  
(6) Until the procedure for adopting the tariffs referred to in paragraphs (3), (4) and (5) of 
this Article is completed, the remuneration 
shall be paid in accordance with the 
approved tariffs or as an advance payment according to the proposed tariffs if the tariffs 
for particular subject matter of protection 
are not approved.  
(7) The opinion of the Council of Ex perts 
referred to in paragraph (5) of this Article shall contain its evaluation of whether the 
tariffs relate to the rights for management 
of which a collective rights management 
association has the authorization granted by 
the Office, and whether the remu neration 
conform to the principles 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 (5) of this 
Article, it shall be deemed that it agrees with 
the proposed tariffs.  
(8) After the completion of the procedures 
referred to in this Article, the tariffs shall be published in the Official Gazette of the State 
Intellectual Property Office.  
MEDIATION  
Article 163  
(1) The Council of Experts shall also act as a 
mediator between the broad casting 
organizations and cable operators in the cases of conclusion of contracts on cable retransmission.  
(2) If the broadcasting organization and a cable 
operator fail to agree on the contents of the 
contract on cable retransmission of a 
broadcast of such b roadcasting organization, 
each of the mentioned parties may call upon the mediation of the Council of Experts in respect of the conclusion of this contract. 
The Council of Experts will, as a mediator in 
negotiations, assist the parties to achieve 
the agreement. The Council of Experts shall 
be authorized to submit proposals to the 
parties concerning the regulation of their 
mutual relations. The proposals shall be submitted in person, or by registered mail. If 
none of the parties expresses its opposition 
by registered post within three months as 
from the receipt of the proposal, it shall be considered that both parties accept such proposal, and are required to include it in 
the contract on cable retransmission.  
(3) The broadcasting organization and the cable operator shall enter, conduct and finish 
negotiations regarding a contract on cable retransmission in good faith. They shall be 
liable for any abuse of negotiations or negotiating positions, or their rights in 
compliance with the general legislation.  
STRUCTURE  AND RESPONSIBILITIES 
OF THE COUNCIL OF EXPERTS  
Article 164  
(1) The Council of Experts shall consist of a president and four members. They shall be 
appointed by the Government of the 
Republic of Croatia, on the proposal by the 
minister, for a period of four years. A 
president and the members shall be selected 
from among the renowned experts, who 
may contribute to the achievement of 
objectives of the Council of Experts owing to 
their prior accomplishments and expertise in issues related to the implementation o f 
copyright and related rights.  
(2) The minister shall initiate the procedure of 
election of the president and members, by a 
public invitation.  
(3) If the minister considers that the proposed candidates are not adequate to assure the appropriate structure of the  Council of 
Experts, he may repeat the election procedure.  
IP/N/1/HRV/C/6 
 
         - 35 -(4) The Council of Experts renders its opinions 
on a session by the majority of votes of all 
its members.  
(5) The Council of Experts may, prior to 
delivering its opinions, invite other 
competent persons having expertise in 
certain issues, to attend the sessions, 
without the right to vote. The sessions of the Council of Experts may also be attended, 
without the right to vote by the officials and 
other employees of the Office dealing with 
the subject matter  of the session.  
(6) The president, the members of the Council of Experts as well as the invited experts 
shall have the right to a remuneration for their work. The remuneration shall be paid 
by the parties involved in the respecting 
matter in the equal shares , unless otherwise 
decided by the Council of Experts.  
(7) The Council of Experts shall adopt its Rules of Procedure. The amount of the 
remuneration referred to in paragraph (6) of 
this Article shall be prescribed by the 
minister.  
PRINCIPLES FOR ESTAB LISHING THE 
AMOUNT OF REMUNERATI ON BY TARIFFS  
Article 165  
(1) 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 is in cases of broadcastings, concert, dance or 
other uses of t he subject matter against 
payment, the amount of remunerations shall be fixed in principle as a percentage of the 
income or earning from such use.  
(2) If the use of the subject matter of protection results with no income or earning, the amount of remuneration s may be fixed as a 
percentage of expenses of the use, such as remunerations or salaries of performers, or 
expenses incurred for the utilization of 
premises, or other like expenses.  
(3) In addition to the remunerations fixed as a 
percentage, the minimum amount  of 
remunerations shall be specified.  
(4) If a user fails to submit to a collective rights 
management association the information 
required for fixing the remunerations as a 
percentage, such association may establish the amount of remunerations according to 
information collected in compliance with 
Article 161 of this Act.  (5) If the use of the subject matter of protection is not essential for a user, but is useful or 
enjoyable (accommodation facilities, exposition places, transport means and 
certain catering object s) the amount of 
remunerations shall be set as a lump sum for permanent and occasional uses.  
(6) When deciding on the amount of a lump 
sum and remunerations referred to in 
paragraph (3) of this Article, circumstances 
of the use of the subject matter of 
protect ion shall be taken into account, such 
as the type of the use, place and geographical location, category and size of 
the facilities, duration and number of the uses, and difference in prices regarding a 
user's business.  
DISTRIBUTION OF REMU NERATIONS  
Article 166  
(1) The distribution of collected remunerations 
to the right holders shall be generally carried 
out in accordance with the information on 
the use of the subject matter of protection.  
(2) A user shall submit to a collective rights management association com plete 
information concerning the place and time 
of the use of a particular subject matter of 
protection for the reason of distribution of 
collected remunerations, within a time limit 
stipulated in a contract on use. If such 
contractual provision does not e xist, a user 
shall submit such information to a collective 
rights management association within 15 
days from the date of the use.  
(3) If distribution based on the information on the use is not possible, or if such distribution 
would obviously be uneconomical,  the 
distribution may be carried out by the 
application of a method of sampling 
corresponding to the greatest extent to the 
actual use.  
RULES RELATING TO TH E 
DISTRIBUTION OF REMU NERATIONS  
Article 167  
(1) A collective rights management association shall have rules relating to the distribution of 
collected remunerations adopted by a body established by the statute of that 
association.  
(2) The rules shall contain in particular provisions concerning:  
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         - 36 -• subject matter of protection and right 
holders to which the rules  apply;  
• determination of a share of a particular right holder in collected remunerations, 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 deduct ion of cost incurred in 
managing of the right, the allocation for funds envisaged by law, the statute of 
the association or by international 
contracts on mutual representation of collective rights management 
associations;  
• terms for accounting and payment of 
distributed remunerations.  
(3) The collected remunerations shall be only used in accordance with the rules referred to in paragraph (2) of this Article.  
(4) Contracts on distribution concluded between the right holders of the same work shall 
override the rule s of distribution.  
(5) Total costs of a collective rights 
management association may amount to no 
more than 30% of the collected 
remunerations.  
(6) Accounting and distribution of remunerations shall be carried out at least 
once a year.  
(7) General statement of acco unt regarding 
distribution shall be established by a competent body of an association, and 
audited and evaluated by an authorized 
auditor.  
(8) An association shall deliver to the Office its 
statement of account regarding distribution 
referred to in paragraph (7) of this Article 
within 15 days as from receipt of the auditing report.  
SUPERVISION OF USE O F THE  
SUBJECT MATTER OF PR OTECTION  
Article 168  
(1) A collective rights management association may supervise the use of the subject matter 
of protection in respect  of which it has the 
authorization granted by the Office.  
(2) Users of the subject matter of protection shall provide a collective rights management 
association with information relevant for the management of rights, and enable the inspection of relevant docu ments.  
(3) At a request of a collective rights 
management association, the state 
administration bodies responsible for 
inspections, and the customs services, as 
well as, competent police administrations 
and police stations shall provide assistance to the coll ective rights management 
association in exercising supervision referred to in paragraph (1).  
(4) At a request of an author, or a collective rights management association the 
competent police administration or a police 
station shall prohibit a performance at w hich 
subject matters of protection are used, if its 
organizer does not have the authorization of 
the author, that is, of a collective rights 
management association.  
ACTIVITIES OF THE OF FICE WITH REGARD 
TO THE COLLECTIVE MA NAGEMENT  
OF RIGHTS  
Article 169  
(1) The Office shall grant authorizations to the 
collective rights management associations referred to in Article 157 of this Act.  
(2) The Minister shall prescribe the professional criteria and procedure of granting the 
authorizations referred to in paragraph (1 ) 
of this Article.  
(3) The Office shall keep the records of the collective rights management associations.  
(4) The Office shall revoke the authorization referred to in paragraph (1) of this Article, if 
an association ceased to comply with the prescribed criteria, and if seriously and 
repeatedly violates the provisions of this Act. 
In such case, prior notice in writing shall be 
given to the collective rights management 
association by the Office, and the Office 
shall set a time limit of 30 days for the 
collective r ights management association to 
eliminate the found irregularities.  
(5) A decision on the grant of the authorization for collective management, and a decision of 
revocation of such authorization shall be 
published in the Official Gazette of the Office. The re vocation of the authorization 
referred to in paragraph (4) of this Article shall take effect on the 30th day following 
its publication.  
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         - 37 -(6) The Office conducts inspection of the work 
of the collective rights management 
associations.  
INSPECTION AUTHORIZA TIONS  
Article 170  
(1) When conducting the inspection referred to 
in Article 169, paragraph (6) of this Act, an 
employer of the Office, responsible for carrying out inspection procedure 
(hereinafter: the inspector) shall be 
authorized to require insight in the 
documents and business records regarding 
the collective management of rights.  
(2) If during the inspection the inspector finds 
that a collective rights management 
association manages the rights contrary to 
the issued decision or contrary to the 
provisions of this Act, he shall, in the form 
of a decision, order such deficiencies and irregularities to be eliminated, within a certain time limit.  
(3) If the deficiencies and irregularities are not eliminated within the prescribed time limit, 
the inspector shall file a req uest for the 
initiation of a misdemeanour procedure in 
respect of the offence referred to in Article 
191 of this Act, or he shall revoke the 
authorization referred to in Article 169, 
paragraph (4) of this Act.  
(4) Based on a report on the matter, the inspector may file a request for the 
misdemeanour procedure on the basis of his finding, and irrespective of the time limit 
prescribed in the decision for the elimination 
of deficiencies.  
(5) The inspector shall inform the state administration office, keeping the ent ry of 
the association in the register of 
associations, about the taken measures set 
out in paragraphs (2), (3), and (4) of this 
Article.  
PROFESSIONAL AND OTHER  
ACTIVITIES OF THE OF FICE  
Article 171  
The Office shall perform professional, technical 
and adm inistrative activities related to the 
establishment and operation of the Council of Experts Dealing with Remunerations for Copyright or Related Rights, and other activities within its competence in this field.  
 V. PROTECTION OF RIGHTS IN  
THE CASE OF THE IN FRINGEMENT  
 
RIGHT TO PROTECTION  
Article 172  
(1) The holder of a right under this Act, which 
has been unlawfully infringed shall be 
entitled to protection of such right.  
(2) Unless otherwise provided by this Act, the right to protection referred to in paragraph  
(1) of this Article shall entitle its holder to 
claim from the person who has infringed his 
right or from her/his general successor to 
desist from acts infringing such right, and 
further omission of such and the like acts 
(cease of disturbance), remedy of  damages 
(compensation for damages), payment of compensation for unauthorized use, payment of penalty provided by law, return 
of all the benefits acquired unjustly by 
infringements of rights (return of unjustly 
acquired benefits), establishment of the 
comm itted infringement and the publication 
of the valid judgment by which the court has 
even partially complied with the claim for 
the protection of the right under this Act.  
(3) In addition to the original right holder under this Act, entitled to adequate protec tion shall 
also be the persons who have acquired a right derived from such rights on the basis of a legal transaction, and in compliance 
with the contents and nature of such 
derived right.  
(4) The right to protection shall pass on to hires.  
(5) Where there are s everal holders of the same 
right under this Act, each of them is entitled to the protection of his right against other 
holders.  
(6) Provisions laid down in paragraphs (1), (2) 
and (3) of this Article shall also apply 
mutatis mutandis  where there is a likeliho od 
of infringement of such rights.  
(7) Creations resulting from the infringement of rights under this Act shall not enjoy 
protection provided by this Act.  
(8) The provisions of this Article shall not affect 
the claims provided by other provisions of 
this Act.  
IP/N/1/HRV/C/6 
 
         - 38 -SOLIDARITY  
Article 173  
(1) Where a right under this Act has been 
infringed each of the right holders of the 
same right may claim protection of the 
infringed right against third persons as if he 
is the only right holder, unless otherwise 
provided by this Act. He may claim the furnishing of a complete file from third 
persons only according to obligatory rules 
on undivided obligations. When the infringer 
meets the demands of one of the right 
holders, his liability towards the other right holders of the same rights, also terminates. 
In case of a pending court proceeding, the 
right holders of the same rights shall be 
considered to be a single party in such 
proceeding.  
(2) If several persons have jointly infringed any of the rights under this Act, their liability shall b e joint and several.  
PROTECTION OF RIGHTS MANAGED 
COLLECTIVELY AND EVI DENCE  
OF THE INFRINGEMENT THEREOF  
Article 174  
(1) Collective rights management associations 
shall be entitled to initiate and carry out in 
their own name court and administrative 
proceedi ngs for the protection of such 
rights, under this Act, which they have been 
granted authorization to manage 
collectively.  
(2) Where the collective rights management association proves an infringement of the 
rights which, under this Act, it is authorized to ma nage collectively, the infringement of 
the rights of individual right holders managed collectively shall not be necessarily 
established.  
PROTECTION OF TECHNOLOGICAL  
MEASURES  
Article 175  
(1) The circumvention of effective technological measures designed to protect the rights 
provided by this Act shall represent the infringement of such rights, unless 
otherwise specially provided by this Act.  
(2) The circumvention of technological measures shall also mean, under this Act, 
manufacture, import, distribution, sale, 
rental, advertisement for sale or rental, or 
possession for commercial purposes of technology, computer programs, devices, 
products or components, or the provision of 
services which:  
• are promoted, advertised or marketed for the purpose of circumvention of  
technological measures,  
• have only a limited commercially significant purpose or use other than to 
circumvent technological measures,  
• are primarily designed, produced, 
adapted or performed for the purpose of 
enabling or facilitating the circumvention 
of effective technological measures.  
(3) A request may be filed against a person who 
knew or had reasonable grounds to know 
that she or he was circumventing or 
enabling the circumvention of technological 
measures. It shall be considered that the person who acts in the manner described in 
paragraph (2) of this Article has reasonable 
grounds to know that she or he is 
circumventing or enabling the circumvention 
of technological measures.  
(4) For the purposes of this Act, technological 
measures shall mean any technology , 
computer program, device, product or component thereof that in the normal 
course of its operation is designed to 
prevent or restrict acts, which are not 
authorized by the right holder under this Act. The technological measures shall be 
considered effective where the use of 
copyright works or subject matters of 
related rights is restricted by the right 
holders under this Act through the application of an access control or a 
protection process, such as encryption, 
scrambling or other alteration of the work or 
other subject matter or a copy control mechanism, which achieves the protection 
objective.  
(5) The provisions of this Article shall not apply 
to computer programs.  
PROTECTION OF RIGHTS -MANAGEMENT 
INFORMATION  
Article 176  
(1) Copyright and related rights unde r this Act, 
shall be also infringed by a person who 
knowingly, without authority, removes or 
alters any electronic right -management 
information, produces, distributes, imports for the purpose of putting them on the market, broadcasts, communicates to the 
IP/N/1/HRV/C/6 
 
         - 39 -public or makes available to the public a 
copyright work and subject matter of related 
rights from which the electronic right -
management information has been removed 
or altered without the authorization of a 
right holder, and who knows or has 
reasonable gro unds to know that she or he 
causes, enables, facilities or conceals the 
infringements of the rights under this Act.  
(2) Right-management information, under this 
Act, shall mean, any information provided by 
the right holders identifying a copyright 
work or a s ubject matter of related rights, 
the right holder, the terms and conditions for use, and their relevant numbers and codes, where they are indicated on a copy 
of a copyright work or subject matter of 
related rights under this Act or when they 
appear in connection with their 
communication to the public.  
CLAIM FOR CESSATION OF INFRINGEMENT  
Article 177  
(1) A right holder under this Act whose right has 
been infringed may claim the cessation and 
the prohibition of such or like future infringements.  
(2) To exercise his right referred to in 
paragraph (1) of this Article, it shall be 
sufficient that the right holder invokes it, 
and proves that the defendant disturbs him. 
If the defendant claims that he has the right 
to undertake the actions that disturb the right holder, he shall prove it.  
CLAIM FOR COMPENSATION OF DAMAGES  
Article 178  
If the infringement of any rights under this Act 
resulted with damages, the right holder is entitled to claim compensation for damages, in accordance with the general rules on compensation for damages.  
CLAIM FOR COMPENSATION FOR  
UNAUTHORIZED USE AND CLAIM FOR  
BENEFITS ACQUIRED BY  UNAUTHORIZED 
USE 
Article 179  
(1) If the unauthorized use of a work or a 
subject matter of related rights has infringed the right of a right holder under this Act, the  
right holder or a collective rights management association managing 
respective rights may claim remuneration which is usually obtained for such use or remuneration prescribed by the tariffs 
referred to in Article 162, paragraph (2) of this Act.  
(2) The right  which is managed collectively shall 
be considered infringed as described in 
paragraph (1) of this Article, where the work 
or the subject matter of related rights are used without a contract or without the 
authorization of a collective rights 
management as sociation or where a 
contract or an authorization are not valid.  
(3) If the unlawful use of any rights under this 
Act resulted in a benefit, the right holder 
shall be entitled to claim the benefit so acquired, in accordance with the general 
rules on unjustified acquisition.  
CLAIM FOR PUBLICATIO N OF  
COURT DECISION  
Article 180  
A person whose right under this Act has been 
infringed, shall be entitled to claim that a valid 
court decision, complying even partially with the claim for the protection of such right,  be published 
in public media at the infringer's expense. The court shall, at the plaintiff's proposal, decide in what public medium the decision shall be 
published and whether the decision would be 
published entirely or partially. If the court decides that only a part of its decision shall be published, it shall be at least a sentence, and the part of the decision indicating the kind of the infringement and the infringer of the respective right.  
CLAIM FOR DESTRUCTIO N, ALTERATION OR 
DELIVERY OF COPIES R ESULTING FROM 
INFRINGEMENT AND OBJECTS BY MEANS 
OF WHICH INFRINGEMENT IS COMMITTED  
Article 181  
(1) The holder whose exclusive right under this 
Act has been infringed is entitled to claim 
the destruction or alteration of all the 
unlawfully made copies or such copies put on the market or intended to be put on the 
market.  
(2) Instead of the measure referred to in paragraph (1) of this Article, the person 
whose right under this Act has been infringed is entitled to claim that the 
infringer who is in possession of the c opies 
referred to in paragraph (1) of this Article or is their owner, deliver such copies against 
compensation which shall not exceed the 
costs of the manufacture thereof.  
IP/N/1/HRV/C/6 
 
         - 40 -(3) The provisions of paragraphs (1) and (2) of 
this Article shall apply to architectur al works 
only where there is a specially justified 
reason for the destruction or delivery 
thereof.  
(4) If the measures referred to in paragraphs (1), (2) and (3) of this Article are in a 
certain case disproportional with the nature and intensity of the infringement, and the 
infringement may be repaired otherwise, the 
court may order other necessary measures 
for such a case. In such a case, the right 
holder is entitled at least to remuneration in 
the amount not lesser than he would obtain 
for the authorized use  of the respective 
right.  
(5) The measures referred to in paragraphs (1) and (2) of this Article shall not apply to 
separable parts of copies, the manufacture 
and putting on the market of which are not unlawful.  
(6) The provisions of this Article shall apply 
mutatis mutandis  also to the objects, which 
are used in or intended for the manufacture of copies, infringing the rights under this 
Act, or which are exclusively or 
predominantly intended for that purpose.  
(7) The provisions of this Article shall not apply 
if destruction of the objects referred to in 
paragraph (6) of this Article would cause greater damage than the damage caused by 
the infringement of the rights under this Act, unless it concerns the objects, which are 
exclusively or predominantly intended for 
the infringement of the rights under this Act.  
(8) The claims referred to in this Article in respect of third fair persons shall be subject to statute of limitations within 3 years 
following the date on which the right holder 
learned about the unlawful manufacture of 
the objects, or their putting on the market, 
or that they are intended for putting on the 
market, and not later than within 5 years as 
from the unlawful manufacture or putting on the market thereof.  
CLAIM IN THE CASE OF  INFRINGEMENT  
OF THE RIGHT COMPRISING THE 
INDICATION OF THE AU THOR  
AND PERFORMER  
Article 182  
(1) In addition to other claims envisaged by this Act, the author and the performer, whose name, pseudonym of other artist's mark, is not indicated with the use of his copyright 
work or his per formance, or is indicated 
incorrectly or insufficiently, may claim from 
persons using the work or performance, to 
indicate them subsequently and correctly as 
the author or the performer.  
(2) The provisions of the previous paragraph shall apply 
mutatis mutandi s where, 
contrary to the prohibition, the author or the 
performer is indicated with the use of the 
work or with the use of the performance.  
(3) The author or the performer shall not be entitled to claims referred to in this Article, if 
the work or the perform ance is used with 
their authorization, and if that use is such 
that it prevents the indication of the author 
or the performer.  
PENALTY  
Article 183  
(1) The person whose economic right or the 
right under Chapter 3.3 Other Rights of 
Authors under this Act have b een infringed 
intentionally or by gross negligence, is entitled to claim payment of up to a double 
amount of remuneration (penalty) which is contractually agreed upon or if not 
contractually agreed upon, of the 
corresponding regular remuneration for such 
use from the person who infringed his right 
intentionally or by gross negligence.  
(2) In the case referred to in paragraph (1) of 
this Article it may not be proven that the damage did not occur.  
(3) In case that the actual damage exceeds the amount of penalty ref erred to in paragraph 
(1) of this Article, the right holder has a right to claim the difference to full actual damages.  
STATUTE OF LIMITATIO NS 
Article 184  
(1) The right to protection of rights under this Act shall not be subject to the statute of limitations, unless otherwise provided by this 
Act.  
(2) The claims under this Act, which are by their nature obligatory, and for which special time 
limit as to statute of limitations is not 
provided, shall be subject to statute of 
limitations according to the general rules to that effect.  
IP/N/1/HRV/C/6 
 
         - 41 -PROVISIONAL MEASURES 
Article 185  
(1) At a proposal of an authorized person who 
makes it likely that a right under this Act has 
been infringed or that there is likelihood of 
imminent infringement of such rights, the 
court may order, in par ticular:  
• provisional seizure or exclusion from 
circulation of objects or means infringing such rights or serving for the 
infringement, or resulting from the 
infringement, or of objects and means 
that may serve as evidence of the 
committed infringement of such rights,  
• prohibition of continuation of acts which 
might infringe such rights, or are 
infringing such rights,  
• prohibition of a performance unlawfully using the rights provided by this Act.  
(2) The court shall order a proposed provisional measure, if the other party, at the invitation 
by the court, and upon the proposal of the authorized person, fails to submit the relevant document or other proof showing 
that she or he does not infringe the 
respective right.  
(3) If there is a risk that the later presentation  
of evidence on the infringement of the rights under this Act may be difficult or prevented, 
or if there is a risk of irreparable damage, or 
if there is a demonstrable risk of 
ineffectiveness of provisional measures 
provided in paragraph (1) of this Articl e, the 
court shall order such measures without prior notification of the other party (inaudita altera parte).  
(4) The corresponding provisions of the Execution Act shall be applied to any matter 
concerning the ordering of provisional 
measures, not regulated b y this Act.  
CUSTOMS MEASURES  
Article 186  
On a request of the right holder of a copyright or a 
related right or of a collective rights management 
association under this Act, who makes it likely that 
the import, export, or crossing of the border line of certain goods would infringe the rights under this 
Act, the customs authorities shall take appropriate measures in accordance with special customs regulations regarding the procedure in respect of 
goods infringing the intellectual property rights.  DUTY TO PROVIDE INFORMATION  
Article 187  
(1) Any person who, in the course of his 
business, learns of an infringement of a 
right under this Act, shall, at a request of a 
right holder or a collective rights 
management association, provide without 
delay any information  and evidence related 
to the committed infringement, and in 
particular information regarding the origin of 
infringing copies and the manner of their 
putting on the market. Duty to provide 
information includes in particular, informing of the name and addres s of manufacturers, 
suppliers or previous owners of such copies, and information on the amount of such 
reproduced, distributed, received or ordered 
unlawfully manufactured copies.  
(2) Where the person referred to in paragraph (1) of this Article fails to give  the required 
information or evidences in his possession, 
she or he shall be liable for damages that 
may be caused by his failure to comply.  
(3) The provision of paragraph (1) of this Article shall not apply in respect of persons who would in a civil proceedi ng have the right to 
refuse to testify or to answer to particular questions.  
VI. PENAL PROVISIONS  
 
1. Criminal acts  
 
INFRINGEMENT OF THE RIGHT OF 
DISTRIBUTOR OF  
ENCRYPTED SATELLITE SIGNAL  
Article 188  
(1) Whoever, without the authorization of a lawful distributor of the encrypted satellite signal, manufactures, imports, distributes, 
rents or otherwise makes available to the 
public, or, provides services of installing 
tangible or intangible device or system for 
decoding such signal, if he knows or has 
reasonable grounds to know that the device 
or system serves primarily for decoding an encrypted satellite signal, shall be punished 
by a fine or by imprisonment up to three 
years.  
(2) If the commitment of the criminal act referred to in paragraph (1) of this Artic le 
has resulted in a substantial financial gain or 
has caused a substantial damage, and the 
perpetrator has acted with the aim of 
IP/N/1/HRV/C/6 
 
         - 42 -acquiring such financial gain or causing such 
damage, he shall be punished by 
imprisonment from six months up to five years.  
(3) Whoever receives an encrypted satellite signal that has been decoded without the 
authorization of its lawful distributor or 
further distributes such signal, if he knows or has reasonable grounds to know that 
such signal is decoded without 
authorization, sh all be punished by a fine.  
(4) If the commitment of the criminal act referred to in paragraph (3) of this Article 
has resulted in substantial financial gain or 
has caused substantial damage, and the perpetrator acted with the aim of acquiring 
such financial gain or causing such damage, 
he shall be punished by a fine or by 
imprisonment up to three years.  
(5) The objects intended or used for the 
commitment of the criminal act or resulting 
from the commitment of the criminal act 
referred to in paragraphs (1) and (2)  of this 
Article shall be seized and destroyed.  
2. Misdemeanours  
 
INFRINGEMENT OF COPY RIGHT  
AND RELATED RIGHTS  
Article 189  
(1) Any legal entity shall be punished for a misdemeanour by a fine amounting from 
HRK 5,000.00 up to 50,000.00, if it:  
1. without the authorization of the author discloses for the first time or prior to 
disclosure reveals to the public the content or description of the copyright 
work, or uses the work without indication 
of the authorship unless the author has 
declared in a written form t hat he does 
not want to be indicated, or if certain use 
is such that prevents the indication of the 
authorship, or without the authorization 
distorts, mutilates or otherwise modifies 
a copyright work, or uses the work in a 
manner that is jeopardizing or wo uld  
jeopardize the author's honour or reputation (Articles 14 - 16),  
2. without the authorization of the author, 
or other copyright holder or a collective 
rights management association 
reproduces, distributes, stores, or 
undertakes other acts for the purpose  of 
distribution, or otherwise communicates to the public a copyright work, or alters 
it, or uses the work without paying 
remuneration, or otherwise unlawfully uses the work (Articles 18 - 33),  
3. distributes or possesses for commercial purposes a copy of a computer program, 
knowing or having reasons to believe that it is the infringing copy, distributes or possesses for commercial purposes 
any means the sole intended purpose of 
which is to facilitate unauthorized 
removal or circumvention of a technical 
device for the protection of a computer 
program (Article 112).  
4. without indication of the name, pseudonym or any other mark of a 
performer, unless the performer has 
declared in a written form that he does 
not want to be indicated, or if certain 
public use is su ch that prevents such 
indication, publicly uses his performance, 
or without the authorization of a 
performer distorts, mutilates or otherwise 
modifies the performance, or uses the 
performance in a manner that is 
jeopardizing or would jeopardize 
performer's  honour or reputation (Article 
124),  
5. without the authorization of a performer or of a collective performer’ rights 
management association fixes its unfixed 
performances, reproduces, distributes, stores or undertakes other acts for the 
purpose of distribution rents, publicly 
transmits performer's unfixed 
performances, publicly communicates by 
phonograms or videograms, publicly presents, broadcasts or rebroadcasts 
performer's unfixed and fixed 
performances, makes available to the 
public, or otherwise unlawfully uses his 
performance (Article 125),  
6. without the authorization of a producer of phonograms or of a collective performers’ rights management 
association reproduces, distributes, 
stores or undertakes other acts for the 
purpose of distribution, rents, mak es 
available to the public or otherwise 
unlawfully uses his phonogram (Article 
133),  
7. without the authorization of a film producer or of an authorized distributor 
to whom the film producer has 
transferred his right reproduces, 
IP/N/1/HRV/C/6 
 
         - 43 -distributes, stores or undert akes other 
acts for the purpose of distribution, 
rents, publicly presents, makes available to the public or otherwise unlawfully uses 
the original of a videogram or its copies 
(Article 139),  
8. without the authorization of a broadcasting organization rebroadcasts its broadcasts by wireless means or by 
wire, reproduces, distributes, stores or 
undertakes other acts for the purpose of 
distribution, publicly communicates a 
broadcast against payment of an 
entrance ticket, makes available to the 
public or otherwise  unlawfully uses the 
fixations of its broadcasts (Article 143),  
9. without the authorization of a lawful distributor of an encrypted satellite 
signal, manufactures, puts into 
circulation, distributes, rents, makes available to the public, installs or adapts 
a device or a system for decoding of 
encrypted satellite signal, or receives an 
unlawfully decoded satellite signal or 
otherwise unlawfully uses the encrypted 
satellite signal (Article 188),  
10. without the authorization of a publisher 
and without paying him a remuneration 
photocopies for private or other personal use his written editions (Article 145),  
11. without the authorization of a maker of databases reproduces, distributes, rents, makes available to the public, 
communicates to the public or otherwise 
unlawf ully uses his databases (Article 
149),  
12. circumvents the technological measures for the protection of copyright and 
related rights (Article 175),  
13. removes or alters the electronic right -
management information on copyright 
and related rights (Article 176).  
(2) A responsible person in a legal person shall 
be punished for the misdemeanours referred to in paragraph (1) of this Article by a fine 
amounting from HRK 2,000.00 up to 
10,000.00.  
(3) A natural person, including a craftsman or a single trader shall be punished for the 
misdemeanours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 
2,000.00 up to 10,000.00.  (4) The objects resulting from the commitment 
of misdemeanours referred to in paragraph 
(1) of this Article shall be seized and destroyed , and the objects intended for or 
used in the commitment of misdemeanours referred to in paragraph (1) of this Article 
shall be seized.  
(5) A legal or a natural person, including a 
craftsman or a single trader who commit the 
misdemeanours referred to in parag raph (1) 
of this Article in the course of their business activity, may be pronounced a safety 
measure prohibiting the performance of 
their business activities, or the part thereof 
infringing a copyright or a related right, for a period of one year, if the committed 
misdemeanour is especially serious, owing 
to the manner of commitment, its 
consequences, repeated commitment or 
other circumstances of the committed misdemeanour which make it particularly 
severe.  
FAILURE TO PROVIDE INFORMATION TO  
A COLLECTIVE RIGHTS MANAGEMENT 
ASSOCIATION  
Article 190  
(1) Any legal person which does not submit to 
the collective rights management association 
under this Act the complete information 
regarding the use of the rights which are collectively managed by such association 
within 15 days from the date of such use, 
unless otherwise provided by a legal transaction, shall be punished for a 
misdemeanour by a fine amounting from HRK 3,000.00 up to 30,000.00.  
(2) A responsible person in a legal person shall be punished for the misdemea nours referred 
to in paragraph (1) of this Article by a fine amounting from HRK 1,000.00 up to 
5,000.00.  
(3) A natural person, including a craftsman or a 
single trader shall be punished for the 
misdemeanours referred to in paragraph (1) 
of this Article by a f ine amounting from HRK 
1,000.00 up to 5,000.00.  
UNAUTHORIZED COLLECT IVE 
MANAGEMENT OF RIGHTS   
Article 191  
(1) Any legal person which, without the 
authorization, or contrary to the 
authorization of the competent authority performs the collective management of  
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         - 44 -rights, shall be punished for a 
misdemeanour by a fine amounting from 
HRK 5,000.00 up to 50,000,00.  
(2) A responsible 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 1,0 00.00 up to 
5,000.00.  
MISDEMEANORS COMMITT ED 
FOR ECONOMIC BENEFIT   
Article 192  
(1) If any legal person commits the 
misdemeanours under this Act for economic benefit, it shall be punished by a fine 
amounting from HRK 10,000.00 up to 
100,000.00.  
(2) A responsible  person in a legal person shall 
be punished for the misdemeanours referred 
to in paragraph (1) of this Article by a fine 
amounting from HRK 4,000.00 up to 10,000.00.  
(3) A natural person, including a craftsman or a single trader shall be punished for the 
misdemeanours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 
4,000.00 up to 10,000.00.  
STATUTE OF LIMITATIO NS  
Article 193  
The procedures regarding misdemeanours under 
this Act may not be initiated after the expiration of three years as from the commitment of misdemeanours, and pronounced sentences regarding misdemeanours may not be executed after the expiration of two years following the day 
on which the decision on the misdemeanours 
becomes valid.  
VII. SCOPE OF THIS ACT  
 
 IN GENE RAL   
Article 194  
(1) Protection under this Act shall be enjoyed by 
the authors and holders of related rights 
who are nationals of the Republic of Croatia 
or have their principle place of business in the Republic of Croatia.  
(2) Foreign natural or legal persons (foreigners) 
shall enjoy the same protection as is 
enjoyed by the persons referred to in 
paragraph (1) of this Article within the scope 
of obligations assumed by the Republic of Croatia under international agreements or on the basis of actual reciprocity.  
(3) Regardless of the provisions of paragraphs 
(1) and (2) of this Article, foreign nationals, 
under this Act, shall enjoy the protection:  
1. with respect to the works written in the Croatian language;  
2. with respect to moral rights - in any 
case;  
3. with respect to resale right and rights to 
databases as the subject matter of 
related rights - based on actual 
reciprocity.  
(4) Without prejudice to the provisions of 
paragraphs (2) and (3) of this Act, a foreign person shall not have more extensive 
protection in the Repu blic of Croatia than it 
has in the state of which he is a national or in which he has its principal place of 
business, if the persons referred to in paragraph (1) of this Article have in the 
state of the foreign person less extensive 
protection than they h ave been granted 
under this Act. "The actual reciprocity shall be considered to exist until proven to the 
contrary."  
AUTHORS  
Article 195  
In addition to persons referred to in Article 194 
paragraphs (2) and (3) of this Act, the protection under this Act shall be enjoyed by foreign authors:  
1. who have a habitual residence in the 
Republic of Croatia;  
2. with respect to the works of 
architecture which are built in the 
territory of the Republic of Croatia and 
the works of visual arts, which are firm integral parts of a real estate located in 
the territory of the Republic of Croatia.  
PERFORMERS  
Article 196  
In addition to persons referred to in Article 194 
paragraphs (2) and (3) of this Act, the protection, pursuant  to Article 194 paragraph (4) of this Act, shall be enjoyed by the foreign performers, who 
have their habitual residence in the Republic of Croatia.  
IP/N/1/HRV/C/6 
 
         - 45 -PRODUCERS OF PHONOGRAMS 
AND FILM PRODUCERS  
Article 197  
In addition to persons referred to in Article 194 
paragraphs (2) and (3) of this Act, the protec tion, 
pursuant to Article 194, paragraph (4) of this Act, shall be enjoyed by foreign producers of phonograms and film producers if the first fixation of their phonogram or videogram occurred in the Republic of Croatia.  
BROADCASTING ORGANIZ ATIONS  
Article 198  
In addition to persons referred to in Article 194 paragraphs (2) and (3) of this Act, the protection pursuant to Article 194, paragraph (4) of this Act, shall be enjoyed by foreign broadcasting organizations that transmit their broadcasts through transmitters located in the territory of the 
Republic of Croatia.  
COMPARISON OF TERMS OF PROTECTION  
Article 199  
(1) The terms of protection under this Act shall 
apply to foreign authors who enjoy 
protection under this Act, but the terms of 
protection shall expire not later than on the 
day when the protection expires in the state 
of which these authors are nationals, and shall not exceed the terms under this Act.  
(2) Within the scope of application of international treaties, the terms of 
protection under this Act sh all apply to 
foreign holders of related rights who enjoy protection under this Act, but the terms of 
protection shall expire not later than on the day when the protection expires in the state 
of which these holders are nationals or in 
which they have their  principle place of 
business, and shall not exceed the terms provided by this Act.  
SPECIAL PROVISIONS C ONCERNING 
COMMUNICATION TO THE  PUBLIC  
BY SATELLITE  
Article 200  
(1) Protection under this Act shall be enjoyed by the foreign authors and holders of related 
rights according to Article 194, paragraph 
(4) of this Act, whose copyright work or 
subject matter of related rights has been 
communicated to the public by satellite, when, under the control and responsibility of 
a broadcasting organization, the relevant 
program -carrying signals have been introduced in the Republic of Croatia in an 
uninterrupted chain of communication 
leading to a satellite and down to the earth.  
(2) The protection under this Act shall be 
available when the condition referred to in 
paragraph (1) of this Article has not been 
fulfilled, but:  
1. an uplink station from which the 
program -carrying signals are transmitted 
is located in the Republic of Croatia, or  
2. a broadcasting organization, which 
commissioned the communication to the 
public by satellite, has its principle place 
of business in the Republic of Croatia.  
STATELESS PERSONS  
Article 201  
(1) Authors and holders of related rights that 
have no nationality or whose nationality 
cannot be determined, shall enjoy equal 
protection under this Act as th e nationals of 
the Republic of Croatia, if they have their habitual residence in the Republic of Croatia.  
(2) If they do not have their habitual residence in the Republic of Croatia, they shall enjoy equal protection as the nationals of the state 
in which they have their habitual residence.  
VIII. TRANSITIONAL AND FINAL 
PROVISIONS  
 
PROVISION ON THE APP LICATION OF THE  
ACT TO THE RIGHTS EX ISTING BEFORE  
ITS ENTRY INTO FORCE   
Article 202  
(1) This Act shall apply to all copyright works, 
performances and broadcasts of 
broadcasting organizations in respect of 
which the rights have not expired before the date on which this Act enters into force.  
(2) This Act shall apply to phonograms and to performances fixed thereon, if 50 years  
from their first fixation, or lawful publica tion 
or lawful communication to the public have 
not expired counting from the beginning of 
the calendar year in which this Act entered 
into force.  
(3) This Act shall apply to videograms and publishers' editions, as subject matter of 
related rights, which have  been first fixed or 
lawfully published after the entry into force 
of this Act.  
IP/N/1/HRV/C/6 
 
         - 46 -(4) This Act shall apply to databases, as subject 
matter of related rights, which were 
produced after 1 January 1983.  
(5) All the rights acquired before the entry into 
force of this Act, including those acquired 
under Articles 19 - 23 of the Copyright Act 
(Official Gazette of the Republic of Croatia 
nos. 9/1999, 76/1999, 127/1999 and 67/2001) shall remain intact, and collective 
copyright and related rights management 
associations’ tariffs (price lists) shall apply 
even after the entry into force of this Act.  
(6) The provisions of the Copyright Act (Official Gazette of the Republic of Croatia nos. 
9/1999, 76/1999, 127/1999 and 67/2001) shall apply for three years as from the date 
of entry into force of this Act to copyright 
works created after this Act entered into force in the framework of employment 
contracts concluded before the entry into force of this Act.  
(7) All legal transactions made after the entry into force of this Act, which are n ot in 
compliance with the provisions of this Act on Copyright in Legal Transactions shall be null 
and void, if their contents cannot be brought 
under the provisions of this Act on Copyright in Legal Transactions.  
(8) The collective copyright and related right s 
management associations shall apply for the 
grant of the authorization referred to in 
Article 157 of this Act within 12 months as from the date of entry into force of this Act.  
SPECIAL PROVISION ON  COMPUTER  
PROGRAMS AND DATABAS ES  
Article 203  
The provisions of this Act on computer programs 
and databases shall also apply to computer programs and databases created before the date on which this Act entered into force, provided such 
application is without prejudice to contracts 
concluded and rights acquired before that date.  
PENDING PROCEDURES  
Article 204  
Pending procedures regarding the protection of the rights laid down in Articles 177 - 182 of this Act, 
initiated before the date of entry into force of this 
Act, shall be carried out in compliance with t he 
provisions being in force up to the date of entry 
into force of this Act.  SUBORDINATE LEGISLAT ION  
Article 205  
(1) The Minister shall enact:  
1. Regulations on Professional Criteria 
and Procedure of Granting 
Authorizations for Collective Management of Rights , referred to in 
Article 169 paragraph (2) of this Act;  
2. Regulations on Remunerations for 
Operation of the Council of Experts 
and Rules of Procedure of the 
Council of Experts, referred to in Article 164, paragraph (6) of this Act 
 
within 6 months as from t he date of entry 
into force of this Act, and shall lay down 
measures referred to in Article 98, 
paragraph (2) within one year as from the 
date of entry into force of this Act.  
(2) The Minister shall enact the Regulations and 
the measures referred to in paragr aph (1) of 
this Article, in line with the prior opinion of the Office.  
OBLIGATION OF FURNIS HING A GENERAL 
STATEMENT OF ACCOUNT   
Article 206  
Collective rights management associations shall, 
within six months after the entry into force of this Act, furnish to the Office the first revised general 
statement of account regarding the distribution referred to in Article 167, paragraph (8) of this Act.  
CEASE OF THE VALIDIT Y 
OF LEGAL PROVISIONS  
Article 207  
(1) On the date this Act enters into force, the 
Copyright Act (Official Gazette of the 
Republic of Croatia NN nos. 53/1991, 
58/1993, 9/1999 - Consolidated text, 
76/1999, 127/1999 and 67/2001), and the Act on Publishing Activity (Official Gazette of 
the Republic of Croatia NN no. 28/1983) 
shall cease to be in force .  
(2) Subordinate legislation in force up to the 
date of entry of this Act into force, shall 
apply until the enactment of the subordinate 
legislation pursuant to this Act, unless 
contrary to this Act.  
IP/N/1/HRV/C/6 
 
         - 47 -ENTRY INTO FORCE OF THIS ACT  
Article 208  
This Act shall  enter into force on the eight day 
following its publication in the Official Gazette of 
the Republic of Croatia.  
 
 
IP/N/1/HRV/C/6 
 
         - 48 -THE ACT ON AMENDMENTS TO  
THE COPYRIGHT AND RELATED 
RIGHTS ACT * 
 
Article 1  
In the Copyright and Related Rights Act (Official 
Gazette 167/2003) in Article 4, paragraph (2) is 
amended to read:  
“(2) The provisions of this Act concerning the 
definitions of particular economic rights of the author, the right to remuneration for reproduction of works for private or other personal use, the right to remuneration for public lending, as well as the 
exhaustion of the rights of distribution, exceptions 
and limitations of copyright, the beginning of the terms of protection and the effects of expiration of the terms of copyright, legal transactions of copyri ght, and the relation between copyright and 
ownership shall apply mutatis mutandis  to related 
rights, unless otherwise specially provided for them, or arising from their legal nature.”
 
 
Article 2  
In Article 8, paragraph (2), item 1, the word “standards” is  deleted.  
In paragraph (3), the second sentence is amended to read:  
“The remuneration shall be used for the 
stimulation of the respective artistic and cultural creativity of predominantly non- commercial nature 
and cultural diversity in the respective artistic and cultural field in accordance with Article 167a, paragraph (1) of this Act.”
 
 
Article 3  
In Article 20 paragraph (2), the words “in the 
territory of the Republic of Croatia” are replaced by 
the words “in the territory of any of the Member States of the European Union, or any of the States Parties to the Agreement Creating the European Economic Area, respectively.” 
 
Article 4  
In Article 32, paragraph (5), items 1 and 3 the Croatian word translated as “appliances” is 
replaced by another Croatian word, w ith no 
relevance to the English translation.  
In item 2 the words “audio or video” are replaced 
by the words “audio, video or text”.  
After paragraph (7), paragraph (8) is added to read:  
“(8) An appropriate remuneration referred to in this Article shall be the one that has to be given fairly in 
a legal transaction, taking into account the likelihood of damage incurred to the author, where his work is without his authorization reproduced for private or other personal use, the application of technological protection measures, and other 
circumstances that may affect a proper decision on 
the form and amount of the appropriate remuneration.”
 
 
Article 5  
In Article 39, paragraph (1), the words “paragraph (1)” are deleted.
 
Article 6  
In Article 44, paragraph (5), a sentence is added to read:  
“In the case of doubt, a legal transaction comprising a disposition of copyright shall in other 
cases be interpreted for the benefit of the author.”  
In paragraph (6) the Croatian word translated as 
“exploitation” is replaced by another Croatian word, with no relevance to the English translation.
 
 
Article 7  
In Article 52, paragraph (3) the word “use” is replaced by the word “exploitation”.
 
Article 8  
In Article 86, a missing Croatian word is inserted with no relevance to the Englis h translation.
 
Article 9  
In Article 98, in paragraph (1), the Croatian word 
translated as “technological” is replaced by another 
Croatian word, with no relevance to the English translation.  
Paragraph (2) is amended to read:  
“(2) If the authors or other persons, respectively, who applied technological protection measures to 
prevent access to a copyright work or the use of it, 
or who are authorized and have the possibility to remove them, fail to comply with the provisions of paragraph (1) of this Article, the person who claims to be authorized pursuant to any of the provisions of Articles 82 to 87 of this Act to use a copyright 
work without the author’s authorization or without 
the author’s authorization and without payment of remuneration, may institute a legal action against the author or other person, respectively, who has applied technological measures or who is 
authorized and has the possibility to remove them, 
claiming provision of access to the copyright work and its use in compliance with the limitatio n 
referred to in any of Articles 82 to 87 of this Act. The plaintiff shall prove in the legal action that the conditions laid down in Article 80 of this Act have 
been fulfilled.”    
After paragraph (2), a new paragraph (3) is 
inserted to read:  
IP/N/1/HRV/C/6 
 
         - 49 -“(3) Notwith standing the provisions of paragraph 
(2) of this Article, the person who claims to be 
authorized pursuant to any of the provisions of 
Articles 82 to 87 of this Act to use a copyright work without the author’s authorization, or without the author’s authorization and without payment of remuneration, or the author or other person, respectively, who has applied technological 
protection measures to prevent the access to or 
use of copyright works, or who is authorized or has the possibility to remove them, may call upon the mediation of the Council of Experts referred to in Article 164 of this Act, in respect of the access to a copyright work and the use thereof in accordance 
with the limitation referred to in any of Articles 82 
to 87 of this Act. The Council of Experts shall carry out the mediation in accordance with the provisions of Article 163 of this Act.  
The former paragraph (3) becomes Paragraph (4).  
In the former paragraph (4), which becomes 
paragraph (5), the Croatian word translated as 
“chosen” is replaced by the same Croatian word in its correct form.  
After paragraph (5), a new paragraph (6) is inserted to read:  
“(6) The right holder or other person, respectively, who applied the technological measures or who is authorized or has the possibility to remove them, 
must, for the purpose of ensuring the effective application of paragraph (1) of this Article, indicate clearly and distinctly the application of 
technological measures on every copy of the 
copyright work produced or imported  for 
commercial purposes,  including information on the 
technological measure and its effects, as well as her/his name and address for contact.” 
 
 
Article 10  
In Article 109, paragraph (3) is inserted to read:  
“(3) The provisions of Article 20 of this Act on the 
exhaustion of the right of distribution shall apply 
mutatis mutandis to computer programs.”  
 
Article 11  
In Article 128, paragraph (1), Article 136 and Article 141, the Croatian word translated as “equitable” is replaced by another Croatian word translated as “appropriate”.   
 
 
Article 12  
In Article 143, paragraph (2) the Croatian word 
translated as “distributor” is replaced by another 
Croatian word translated as “operator”.  Article 13  
In Article 145, paragraph (1), after the word “right 
to” the Croatian word translated as “appropriate” is inserted.
 
 
Article 14  
In Article 163, paragraph (1) is amended to read:  
“(1) The Council of Experts shall also carry out the mediation in respect of conclusions of the contracts on cable retransmission between the 
broadcasting organizations and cable operators, 
and the mediation in respect of the provision of the access to a copyright work and its use, in compliance with the limitation referred to in any of Articles 82 to 87 of this Act, between a person who 
claims to be authorized pursuant to the provisions 
of this Act to use a copyright work without the author’s authorization, or without the author’s authorization and without payment of remuneration, and the author, or other person, respectively, who applied technological protection 
measures to prevent the access to or the use of 
copyright works, or who is authorized and has the possibility to remove them.”
 
In paragraph (2) the Croatian words translated as “cable retransmission” are replaced by other Croatian words with no relevance to the Engl ish 
translation.  
After paragraph (3), paragraph (4) is inserted to read:  
“(4) The provisions of paragraphs (2) and (3) of this Article shall apply mutatis mutandis to the mediation referred to in paragraph (1) of this Article 
in respect of provision of the access to a copyright 
work and the use thereof in compliance with the 
limitation referred to in any of Articles 82 to 87 of this Act.”
 
 
Article 15  
In Article 164 paragraph (7) number “7” is replaced by number “6”  
Article 16   
In Article 167, paragraph (3),  the word “only” is 
deleted, and after the word “Article” the Croatian 
words translated as “and the provisions of this Act” 
are inserted.  
In paragraph (5) two sentences are added to read:  
“The total amount of expenses of an association shall also include the financial means spent on the 
improvement of the system of management and 
protection of copyright and related rights. Beside such established expenses, the bodies of the association may decide to spend maximum 3% of the total amount of the collected remunerations on measures against piracy and counterfeiting, as 
IP/N/1/HRV/C/6 
 
         - 50 -well as on other measures aimed at raising the 
awareness of the value of copyright and related 
rights.”   
 
Article 17  
After Article 167, a heading and Article 167a are 
added to read:  
“STIMULATION OF CREATIVITY AND 
CULTURAL DIVERSITY  
Article 167a  
(1) A collective management association shall 
provide for, in the powers of attorney for 
representation given by their members, and in international reciprocity agreements, allocations to the fund intended for stimulation of the respective artistic and cultural creativity of predominantly non-commercial nature and cultural diversity in the 
respective artistic and cultural fields, which fund 
shall be provided for by the association in the rules referred to in Articles 167, paragraphs (1) and (2) 
of this Act. The revenues of the fund shall not be used for other purposes, such as expenses referred to in Article 167 paragraph (5) of this Act.   
(2) The association shall also allocate the total amount of collected remunerations, which have not 
been distributed during a period of 5 years due to justified impossibility to establish the right holders or the subject matters of protection, to the fund 
referred to in paragraph (1) of this Article.   
(3) Without regard to the allocations referred to in 
paragraphs (1) and (2) of this Article, the 
association shall allocate 30% of the amount, 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, to 
the fund referred to in paragraph (1) of this Article.   
(4) A collective body of the association, established by the statute of the association shall decide on the distribution of financial means 
contained in the fund, and shall inform thereof the 
assembly of the association in accordance with the statute of the association. The association shall communicate a report on the allocations to the fund, referred to in paragraph (1) of this  Article, as 
well as on the distribution of financial means contained in the fund, to the Office and the Minister of Culture, at the end of every year for the preceding year. The association shall distribute the funds exclusively for the purpose of stimulating the respective artistic and cultural creativity of the 
predominantly non- commercial nature and cultural 
diversity in the respective artistic and cultural field.” 
 
 
Article 18  
In Article 181 paragraph (4), in the first sentence, 
after the words “the court may” a comma is inserted and is followed by the Croatian words translated as “within the limits of the claim”.
 
Article 19  
A heading above Article 185 is amended to read: “PROVISIONAL MEASURES DUE TO THE 
INFRINGEMENT OF RIGHTS”  
Article 185 is amended to  read:  
“(1) Upon the request of the right holder under this 
Act who makes it likely that her/his right has been infringed or threatened to be infringed, the court may order any provisional measure comprising the 
termination or prevention of the infringement, and 
in particular:  
- order the opposing party to cease or desist from, 
respectively, the acts infringing the right conferred under this Act; the court may also issue such order 
against an intermediary whose services are being 
used by a third party to infringe the right conferred under this Act;  
- order the seizure or removal from the market of 
the goods unlawfully infringing the right conferred under this Act.                  
(2) Upon the request of the right holder under this Act who makes it likely that his right has been infringed on a commercial scale for the purpose of acquiring commercial or economic benefit, and that such infringement has threatened to cause him irreparable damage, the court may, in addition to 
the provisional measures referred to in paragraph 
(1) of this Article, order the seizure of the movable 
and immovable property of the opposing party, not directly related to the infringement, including the blocking of his bank accounts and other assets.  
(3) For the purpose of ordering and enforcing the provisional measure referred to in paragraph (2) of this Article, the court may require from the opposing party or other relevant persons disposing with it, the communication of the banking, financial and other economic information, or the access to 
other relevant information and documents. The 
court shall ensure the protection of confidentiality of such information, and prohibit any misuse thereof.  
(4) The provisional measure referred to in paragraph (1) of this Article may be ordered 
without i nforming the opposing party thereof, if the 
applicant for measures makes it likely that 
otherwise the provisional measure would not be effective, or that irreparable damage is threatened to occur. The provisional measure referred to in paragraph (2) of this Article may be ordered 
without informing the opposing party thereof, if the 
applicant for measures makes it likely that otherwise the provisional measure would not be effective, or that, taking into consideration a very serious circumstances of the infringement, this 
would be necessary. If a provisional measure is 
IP/N/1/HRV/C/6 
 
         - 51 -ordered without informing the opposing party 
thereof, the court shall communicate a decision on 
the provisional measure to the opposing party, 
promptly upon its enforcement.  
(5) In the decision ordering a provisional measure 
the court shall specify the duration of such measure, and, if the measure has been ordered before the institution of a legal action, the period, 
within which the applicant for measures shall 
institute a legal action to justify the measure, which shall not be less than 20 working days and not more than 31 calendar days, from the communication of the decision to the applicant for measures, whichever expires later.  
(6) The provisions of the Execution Act shall apply to matters, not regulated by this Article.   
(7) The provisions of this Article shall be without prejudice to the possibility to order provisional measures pursuant to other provisions of this Act, and the provisions of the Execution Act.”
 
 
Article 20  
After Article 185, headings and Articles 185a, 185b 
and 185c are added to read:  
“PROVISIONAL MEASURES COMPRISING THE 
PRESERVATION OF EVIDENCE  
Article 185a  
(1) Upon the request of the right holder under this 
Act who makes it likely that his right has been 
infringed or threatened to be infringed, the court may order a provisional measure comprising the preservation of evidence.  
(2) By the provisional measure referred to in paragraph (1) of this Article, the court may order in 
particular:  
- preparation of a detailed description of the goods 
made likely to infringe a right under this Act, with or 
without taking of samples;  
- seizure of the goods made likely to infringe a right 
under this Act;  
- seizure of the materials and implements used in 
the production and distribution of the goods made likely to infringe a right under this Act and the documentation relating thereto.  
(3) The provisional measure referred to in this 
Article may be ordered even without informing the 
opposing party thereof, if the applicant for measures makes it  likely that there is a risk of 
evidence being destroyed or irreparable damage of incurring. If a provisional measure is ordered without informing the opposing party thereof, the 
court shall communicate a decision on the 
provisional measure to the opposing party, 
promptly upon its enforcement.  
(4) In the decision ordering a provisional measure the court shall specify the duration of the measure, and, if the measure has been ordered before the institution of a legal action, the period, within which 
the applicant for measures shall institute a legal 
action to justify the measure, which shall not be less than 20 working days and not more than 31 calendar days, from the date of communication of the decision to the applicant for measures, whichever expires later . 
(5) The provisions of the Execution Act shall apply to matters, not regulated by this Article.   
(6) The provisions of this Article shall be without prejudice to the possibility of the court to order provisional measures comprising the preservation of evidence pursuant to the provisions of the Act 
on Civil Proceedings.  
TAKING OF EVIDENCE IN THE COURSE OF 
THE CIVIL PROCEEDINGS  
Article 185b  
(1) Where a party to the civil proceedings invokes evidence claiming that it lies with the opposing 
party or under its  control, the court shall invite the 
opposing party to present such evidence within a 
specified time limit.  
(2) Where the right holder under this Act as a plaintiff in a legal action claims that the 
infringement of the right conferred under this Act 
has been committed on a commercial scale for the purpose of acquiring commercial or economic benefit, and has made it likely during the proceedings, and where he invokes in the proceedings, banking, financial or similar economic 
documents, papers or the like evidence, claiming 
that they lie with the opposing party or under its control, the court shall invite the opposing party to present such evidence within a specified time limit.      
(3) Where the party, which is invited to present evidence, denies that the evidence lies with it or 
under its control, the court may take evidence to 
establish such a fact.  
(4) The provisions of the Act on Civil Proceedings relating to the right of refusal to present evidence as a witness shall apply mutatis mutandis to the 
right of the party to refuse to present evidence.  
(5) The court shall, taking into consideration all the 
circumstances of the case, decide at its own discretion, on the importance of the fact that the party having the evidence refuses to comply with the court’s decision ordering it to present evidence, 
or denies, contrary to the court’s opinion, that the 
evidence lies with it.  
(6) Against the decision of the court referred to in paragraphs (1) and (2) a separate appeal shall not be allowable.  
 
EXPEDITIOUS PROCEEDI NGS AND 
APPLICATION OF THE PROVISIONS OF OTHER ACTS 
IP/N/1/HRV/C/6 
 
         - 52 -Article 185c  
(1) A procedure concerning the infringement of the 
rights conferred under this Act shall be 
expeditious.  
(2) The provisions of the Act on Civil Proceedings, and the Execution Act, respectively, shall apply to the procedures concerning the infringement of the rights conferred under this Act.”
 
 
Article 21  
The heading above Article 187 is amended to 
read:  “CLAIM FOR PROVISION OF 
INFORMATION  
Article 187 is amended to read:  
“(1) The holder of the right under this Act who has instituted civil proceedings for the protection of the rights in the case of infringement may claim the 
provision of information on the origin and 
distribution channels of the goods infringing his right.   
(2) The claim referred to in Article 1 may be made 
in the form of a legal action or a provisional measure against:  
- a person who has been sued in the civil 
proceedings referred to in paragraph (1) of this Article;  
- a person who is, within her/his economic 
activities, in possession of the goods suspected of 
infringing a right conferred under this Act;  
- a person who provides, within her/his economic 
activities, services suspected of infringing a right 
conferred under this Act;  
- persons who provide, within their economic 
activities, services used in the activities suspected 
of infringing a right conferred under this Act;  
- a person who is indicated by any of the 
mentioned persons as being involved in the manufacture or distribution of the goods or the provision of the services suspected of infringing a right conferred under this Act;  
(3) The claim referred to in Article 1 may also be included in a gradual legal action as the first claim, provided that a person acting as a counter party to the defendant is also included in the main claim.  
(4) The claim for information on the origin of the 
goods and distribution channels of the goods and 
services referred to in paragraph (1) of this Article may include in particular:  
- information on the names and addresses of the 
producers, distributors, suppliers and other previous holders of the goods and providers of the 
services, respectively, as well as the intended 
wholesalers and retailers;  
- information on the quantities produced, delivered, 
received or ordered, as well as the price obtained for the goods or services concerned.  (5) The person required to provide the information referred to in this Article may refuse to provide 
such information on the same grounds as those 
allowing the refusal to present evidence as a witness pursuant to the provisions of the Act on 
Civil Proceedings. If the person concerned refuses to provide information without justified reasons, she/he shall be responsible for the damage 
incurred, pursuant to the provisions of the 
Obligations Act.  
(6) The provisions of this Article shall be without prejudice to the provisions on the manner of use of confidential information in civil and criminal proceedings, the provisions regulating the 
responsibility for misuse of the right to acquire 
information, and the provisions regul ating the 
processing and protection of personal data.          
(7) The provisions of this Article shall be without prejudice to the provisions of Articles185a and 185b of this Act, regulating the taking of evidence.” 
 
 
Article 22  
In Article 189, paragraph (1) item 1, after the 
Croatian word translated as “in a manner that” the 
Croatian word is deleted, with no relevance to the English translation.  
In item 5, the Croatian word translated as “videogram” is replaced by another Croatian word, 
with no relevance to the English translation.  
In item 7, the Croatian words translated as “the 
original of a vidoegram” is replaced by the Croatian word translated as “videogram”  
In paragraph (3), the words “including a craftsman and a single trader” are deleted.  
After paragraph (3), a new paragraph (4) is added to read:  
“(4) A natural person - a craftsman or other self -
employed person, respectively, shall be punished for the misdemeanors, referred to in paragraph (1) of this Article, by a fine amounting from HRK 5 
000.00 to 50 000.00, where the misdemeanor has 
been committed in the performance of her/his 
activities as a craftsman or other self -employed 
person, respectively.”   
The former paragraphs (4) and (5) become 
paragraphs (5) and (6).
 
 
Article 23  
After Article 189, a heading and Article 189a are 
added to read:  
“FAILURE TO ENFORCE THE LIMITATION OF COPYRIGHT AND RELATED RIGHTS  
Article 189a  
(1) Any legal entity shall be punished for a 
misdemeanor by a fine amounting from HRK  
5 000.00 to 30 000.00, if it:  
IP/N/1/HRV/C/6 
 
         - 53 -1. fails to provide the persons who are authorized, 
pursuant to the provisions of Articles 82 to 87 of 
this Act, to use a copyright work or the subject 
matter of related rights, and who have proved that the conditions laid down in Article 80 of this Act have been fulfilled, with the means enabling them to use a copyright work or a subject matter of related rights, in accordance with the limitations 
referred to in Articles 82 to 87 of this Act (Article 
98, paragraph (1).    
2. fails to indicate the application of technological measures on a copy of the copyright work or the subject matter of related rights, produced or imported for commercial purposes (Article 98, 
paragraph 6).  
(2) A responsible person in a legal entity shall be 
punished for the misdemeanors, referred to in paragraph (1) of this Article, by a fine amounting from HRK 1 000.00 to 5 000.00.  
(3) A natural person shall be punished for the 
misdemeanors, referred to in paragraph (1) of this 
Article, by a fine amounting from HRK 1 000.00 to 5 000.00.  
“(4) A natural  person - a craftsman or other self -
employed person, respectively, shall be punished 
for the misdemeanors, referred to in paragraph (1) 
of this Article, by a fine amounting from HRK 5 000.00 to 30 000.00, where the misdemeanor has been committed in the performance of her/his activities as a craftsman or other self -employed 
person, respectively.  
 
 
Article 24  
In Article 190, paragraph (1) number “3,000.00” is 
replaced by number “5 000.00”.  
In paragraph (3) the words “including a craftsman 
or a single trader”  are deleted.  
After paragraph (3), paragraph (4) is added to read:  
“(4) A natural person - a craftsman or other self -
employed person, respectively, shall be punished for the misdemeanors, referred to in paragraph (1) of this Article, by a fine amounting fr om HRK 5 
000.00 to 50 000.00, where the misdemeanor has been committed in the performance of her/his 
activities as a craftsman or other self -employed 
person, respectively.”   
 
Article 25  
In Article 192, paragraph (3) the words “including a 
craftsman or a single trader” are deleted.  
After paragraph (3), paragraph (4) is added to read:  
“(4) A natural person - a craftsman or other self -
employed person, respectively, shall be punished for the misdemeanors, referred to in paragraph (1) of this Article, by a fine  amounting from HRK 5 
000.00 to 100 000.00, where the misdemeanor has 
been committed in the performance of her/his 
activities as a craftsman or other self -employed 
person, respectively.”  
 
 
Article 26  
After Article 192, a heading and Article 192a are added to read:  
“INJURED PARTY  
Article 192a  
An injured party in the criminal and misdemeanor procedures shall be a person who is the holder of the infringed right, as well as a collective management association, where the rights collectively managed by it or the rights that it 
manages on the basis of the powers of attorney 
have been infringed.”
 
 
Article 27  
In Article 194, paragraph (4) the Croatian word 
translated as “persons” is replaced by the Croatian word translated as “a person”.
 
Article 28  
In Article 197, after the words “are protected” the Croatian words translated as “under this Act” are inserted, and after the words “paragraph (4)” the Croatian words translated as “under this Act” are 
replaced by the Croatian words translated as “of 
this Act”.
 
Article 29  
In Article 199, paragraph (1), the Croatian words are deleted, with no relevance to the English translation.
 
Article 30  
In Article 205, paragraph (1) item 2, the words “and Rules of Procedure of the Council of Experts” are deleted.  
 
FINAL AND TRANSITION AL PROVISIONS 
 
Article 31  
The procedures concerning the protection of 
copyright and related rights against infringement, 
pending on the date of the entry into force of this Act, shall be completed pursuant to the provisions, which were in force before the ent ry into force of 
this Act.
 
IP/N/1/HRV/C/6 
 
         - 54 -Article 32  
This Act shall enter into force on the eight day 
following the day of its publication in the Official Gazette, with the exception of the provision of Article 3 thereof, which shall enter into force on the day of the acceptance of the Republic of Croatia into the full membership of the European Union. 
 ACT ON AMENDMENT TO THE 
COPYRIGHT AND RELATED RIGHTS 
ACT** 
 
Article  1 
In the Copyright and Related Rights  Act („Official 
Gazette“ Nos . 167/03 and 79/07) , in Article 157 
paragraph (2) item a., the words “Republic of 
Croatia” are replaced by the words “European Union”.  
Article 2  
This Act shall enter into force on the date of accession of the Republic of Croatia to the European Union.  
IP/N/1/HRV/C/6 
 
         - 55 -ACT 
ON AMENDMENTS TO THE 
COPYRIGHT AND RELATED RIGHTS 
ACT*** 
 
Article 1  
In the Copyright and Related Rights Act (“Official 
Gazette” No. 167/03, 79/07, 80/11 and 125/11) after Article 1, headings above Articles and Articles 1a and 1b are added to read:  
“TRANSPOSITION OF THE EUROPEAN UNION 
ACQUIS COMMUNAUTAIRE  
Article 1a  
The provisions of this Act shall be in accordance with: 
- Council Directive 91/250/EEC of 14 May 1991 on 
the legal protection of computer programs (OJ L 122, 17/5/1991),  
- Council Directive 92/100/EEC of 19 November 
1992 on rental right and lending right and on 
certain rights related to copyright in the field of 
intellectual property (OJ L 346, 27/11/ 1992),  
- Council Directive 93/83/EEC of 27 September 
1993 on coordination of certain rules concerning copyright and rights related to copyright applicable 
to satellite broadcasting and cable retransmission (OJ L 248, 6/10/1993),  
- Council Directive 93/98/EEC of 29 October 1993 
harmonizing the term of protection of copyright and certain related rights (OJ L 290, 24/11/1993),  
- Directive 96/9/EC of the European Parliament 
and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27/3/1996),  
- Directive 2001/29/EC of the European Parliament 
and of the Council of 22 May 2001 on the 
harmonization of certain aspects of  copyright and 
related rights in the information society (OJ L 167, 
22/6/2001),  
- Directive 2001/84/EC of the European Parliament 
and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ L 272, 13/10/2001),  
- Directive 2004/48/EC  of the European Parliament 
and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30/4/2004),  - Directive 2006/123/EC of the European 
Parliament and of the Council of 12 Decem ber 
2006 on services in the internal market (OJ L 376, 27/12/2006),  
- Directive 2006/116/EC of the European 
Parliament and of the Council of 12 December 
2006 on the term of protection of copyright and 
certain related rights (OJ L 372, 27/12/2006),  
- Direct ive 2011/77/EU of the European Parliament 
and of the Council of 27 September 2011 (OJ L 
265, 11/10/2011) amending Directive 2006/116/EZ 
of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights.  
GENDER NEUTRALITY OF EXPRESSIONS  
Article 1b  
The expressions used in this Act, having a gender meaning, ir respective of whether they are used in 
the male or female gender, shall include equally the male and female genders.”  
Article 2  
In Article  20 paragraph (5) after the word 
“producer”, the comma and the words “or to any other person” are de leted.  
Article 3  
After Article 100, a heading above Article 100a and Article 100a are added to read:  
“DURATION OF COPYRIGHT FOR A MUSICAL 
WORK WITH WORDS  
Article 100a  
As regards a musical work with words, the term referred to in Article 99 of this Act shall be calculated from the death of the last surviving 
among the authors of the music and the authors of 
the text who have created the music or the text, respectively, specifically for the use in such musical work with words. If the music or the text, respectively, has not been created specifically for the use in such musical work with words, the 
general rules on the duration of copyright shall 
apply.”.     
Article 4 
Article 131 is amended to read:  
“(1) The economic rights of a performer shall run for 50 years as from the performance.  
IP/N/1/HRV/C/6 
 
         - 56 -(2) If, within the period referred to in paragraph (1) 
of this Article, the performance fixed in a 
phonogram is lawfully published or lawfully 
communicated to the public, the rights shall expire upon the expiration of 70 years from the first such publication or the first such communication to the public, whichever occurred earlier.  
(3) If, within the period referred to in paragraph (1) 
of this Article, a fixation of the performance which is not a phonogram is lawfully published or lawfully communicated to the public, the rights shall expire upon the expiration of 50 years from the first such publication or first such communication to the 
public, whichever occurred earlier.”.  
 
Article 5  
Article 137 is amended to read:  
“(1) The rights of a producer of phonograms shall run for 70 years as from the first fixation of a phonogram. If, within this period, the phonogram is lawfully published, the rights shall run for 70 years as from the first such publication. If, within this 
period, the phonogram is not lawfully published, 
but is lawfully communicated to the public, the rights shall run for 70 years as from the first such communication to t he public.  
(2) The terms of protection of the rights of phonogram producers referred to in paragraph (1)  
of this Article shall not apply, if the circumstances referred to in Article 137a of this Act have occurred.  
 
Article 6  
After Article 137, Chapter 2a and headings above 
Articles as well as Articles 137a, 137b, 137c and 137d are added to read:  
“Chapter 2a RELATIONSHIP BETWEEN THE 
RIGHTS OF PERFORMERS AND THE RIGHTS 
OF PHONOGRAM PRODUCERS  
 
TERMINATION OF A CONTRACT BETWEEN A 
PERFORMER AND A PHONOGRAM PRO DUCER  
Article 137a  
(1) If, 50 years after the phonogram was lawfully 
published, or failing such publication, respectively, 
50 years after it was lawfully communicated to the public, the phonogram producer does not offer copies of the phonogram for sale in the quantity satisfying reasonable needs of the public or does not make it available to the public, the performer 
may terminate the contract which was concluded 
for the whole duration of the protection of the performer’s rights and by which the phonogram producer was granted the right of exploitation of 
the performance fixed on a phonogram.  
(2) Prior to the termination of the contract referred to in paragraph (1) of this Article, the performer shall notify the phonogram producer that he shall offer copies of the phonogram for sale in the quantity satisfying reasonable needs of the public and make it available to the public within a period 
of one year, counting from the day of receipt of the 
written notification of the performer.  
(3) The performer may not waive the right to terminate the contract referred to in paragraph (1) of this Article.  
(4) If a plurality of performers participated in the 
creation of a performance, they may terminate the 
contract on the grant of the right of exploitation of their performance fixed in a phonogram in accordance with the provision of Article 123 of this Act. 
(5) If the performer terminated the contract on the 
grant of the right of exploitation of a performance 
fixed on a phonogram in accordance with paragraph (1) of this Article, the rights of the phonogram producer in this phonogram shall expire upon the expiration of 50 years from the 
lawful publication of the phonogram or, failing such 
publication, 50 years from its lawful communication to the public.  
 
ANNUAL SUPPLEMENTARY REMUNERATION 
OF A PERFORMER  
Article 137b  
(1) If, according to the contract between a performer and a phonogram producer, which was 
concluded for the whole term of protection of the 
performer’s rights and by which the phonogram producer was granted the right of exploitation of the performance fixed in a phonogram, the performer has acquired a right to obtain a non-recurring remuneration, the performer, according 
to this Act, shall acquire a right to obtain an annual 
supplementary remuneration. The phonogram producer shall pay to the performer an annual supplementary remuneration for each full year following the 50
th year after the phonogram was 
lawfully published or, failing such publication, the 
50th year after it was lawfully communicated to the 
public, res pectively.  
(2) The performer may not waive the right to obtain 
the annual supplementary remuneration referred to in paragraph (1) of this Article.  
(3) The annual supplementary remuneration, 
according to this Act, shall amount to 20% of the 
revenue which the phonogram producer has derived from the reproduction, distribution and making available to the public of the phonogram containing the performance of the performer 
IP/N/1/HRV/C/6 
 
         - 57 -referred to in paragraph (1) of this Article. The 
annual supplementary remuneration shall b e 
calculated on the basis of the revenue derived by the phonogram producer in the year proceeding the year for which it is due.  
(4) The obligation to pay the annual supplementary remuneration, according to this Act, shall arise in the year following the 50
th year after the 
phonogram was lawfully published or, failing such publication, the 50
th year after it was lawfully 
communicated to the public.  
(5) The phonogram producer shall, according to this Act, give to the performer who is entitled to obtain the annual supplementary remuneration, 
and to the person authorized by him as well as to 
the association managing the right to the annual supplementary remuneration  collectively, any 
information necessary for its payment.  
 
REBALANCE OF THE CONTENT OF 
CONTRACTS FOR THE BENEFIT OF  
PERFORMERS  
Article 137c  
(1) If, according to the contract between a performer and a phonogram producer, which was concluded for the whole term of protection of the performer’s rights and by which the phonogram producer was granted the right of exploitation of the performance fixed in a phonogram, the 
performer has acquired a right to obtain a recurring 
remuneration, neither possibly earlier paid advances nor any possible other deductions defined by such a contract shall be deducted when calculating the amount of such a remuneration 
according to this Act.  
(2) The provision of paragraph (1) of this Article shall apply after the expiration of 50 years from the lawful publication of a phonogram or, failing such publication, 50 years from its lawful communication to the public, respectively.  
(3) A performer shall be, according to this Act, entitled to require rebalance of the contract  
referred to in paragraph (1) of this Act concluded before 1 November 2013, after the expiration of 50 
years fr om the lawful publication of a phonogram 
or, failing such publication, 50 years from its lawful 
communication to the public.  
(4) If a performer and a phonogram producer fail to 
achieve an agreement concerning an equitable rebalance of the contract referred to in paragraph 
(3) of this Article, the rights of the phonogram producer in such phonogram shall expire upon the 
expiration of 50 years from the lawful publication of 
the phonogram or, failing such publication, 50 years from its lawful communication to the public, respectively.  
 CONTRACTS REMAINING IN FORCE  
Article 137d  
A contract between a performer and a phonogram producer on the grant of the right of exploitation of a performance fixed in a phonogram, concluded 
before 1 November 2013 shall produce its effects 
up to the expiration of the term of protection of the performer referred to in Article 131 of this Act, unless otherwise expressly provided for by a contract.”  
Article 7  
In Article 156 paragraph (1) item 1, at the end of subitem h., the full stop is replaced by the comma, 
and subitem i. is added to read:  
“i. right of rebroadcasting of audiovisual works.”.  
In item 2, at the end of subitem g., the full stop is 
replaced by the comma and subitem h. is added to read:  
“h. right to the annual supplementary  remuneration 
referred to in Article 137b of this Act.”.  
Paragraph (2) is amended to read:  
“(2)The right of broadcasting and rebroadcasting referred to in paragraph (1) items 1a) and 2c), the right of rebroadcasting referred to in paragraph (1) item 1i), t he right to a remuneration for 
broadcasting referred to in paragraph (1) item 3b), 
the rental right referred to in paragraph (1) items 
1c), 2e) and 3c), and if it regards recorded musical works and musical performances, the right to a remuneration for public lending referred to in paragraph (1) items 1d), 2f), 3d) and 4a), the right to a remuneration for reproduction for private and 
other personal use referred to in paragraph (1) 
items 1f), 2g), 3e), 4b) and 5a) and the right to a remuneration referred to in paragraph (1) item 2h) shall be managed only through a collective rights management association.”.  
 
Article 8  
In Article 164 paragraph (1), the words: ”the Government of the Republic of Croatia, on the proposal by the minister” are replaced by the words:  “the Minister whose scope of activity 
includes the supervision over the work of the Office, on the proposal by the Director General of the Office”.  
In paragraph (2) the word “minister” is replaced by 
the words: “Director General of the Office”.  
IP/N/1/HRV/C/6 
 
         - 58 -Paragraph (3) is amended to read:  
“(3) If the Minister considers that the proposed 
candidates are not adequate to assure the appropriate structure of the Council of Experts, he shall order the Director General to repeat the election procedure.”.  
In paragraph (7), after the word “shall be prescribed” the words “by the Regulations” are added.  
Article 9  
The name of Title VI reading: “VI. PENAL PROVISIONS” is amended to read: “VI. MISDEMEANOUR PROVISIONS”.  
The names of Chapters reading: “1. Criminal acts” and “2. Misdemeanours” are deleted.  
Article 10  
In Article 189 paragrap h (1) item 2 is amended to 
read:   
“2. without the authorization of the author, or other 
copyright holder, or a collective rights management 
association reproduces a copyright work (Article 19),”.  
After item 2, new items 3, 4, 5, 6, 7 and 8 are 
added to read:  
“3. without the authorization of the author, or other copyright holder, or a collective rights management 
association distributes or rents stores or 
undertakes other acts for the purpose of distrib ution of a copyright work (Article 20),  
4. without the authorization of the author, or other copyright holder, or a collective rights management association communicates to the public a copyright 
work in any manner whatsoever (Articles 22 to 26, 
Article 27  paragraph (1), Articles 28 to 30),  
5. without the authorization of the author, or other copyright holder, or a collective rights management association alters a copyright work (Article 31),   
6. without the authorization of the author, or other 
copyright holder, or a collective rights management 
association fails to pay a remuneration for the reproduction of a copyright work for private or other personal use, where he shall do so according to the law (Article 32),  
7. without the authorization of the author,  or other 
copyright holder, or a collective rights management association fails to pay a remuneration for the public lending,  where he shall do so according to 
the law (Article 33),  
8. without the authorization of the author, or other 
copyright holder, or a collective rights management association fails to pay a remuneration for the 
resale right,  where he shall do so according to the 
law (Article 34),”  
The former items 3 to 8 become items 9 to 14.  
The former item 9 is deleted, and former items 10 to 13 become items 15 to 18.  
Paragraph (5) is amended to read:  
“(5) Th e objects and means intended for or used in 
the commitment of a misdemeanour or resulting from the commitment thereof shall be seized in 
accordance with the provisions of the 
Misdemeanour Act.”.  
 
Article 11  
In Article 190 paragraph (1) after the word 
“provided”, the words: “(Article 166 paragraph (2))” 
is added.  
Article 12  
In Article 191 paragraph (1) after the word “authorization” the words: “(Article 157 paragraphs 
(1) and (2)) are added”.  
Article 13 
The heading above Article 193 and Article 193 are deleted.  
Article 14  
(1) The provision of Article 3 of this Act shall apply to musical works with words in which copyright of the author of the music or the author of the text is 
protected at least in one of the Member States of 
the European Union on 1 November 2013, as well as to musical works with words which come into being after that day.  
(2) The provision of paragraph (1) of this Article shall be without prejudice to any acts of 
exploitation of mus ical works with words performed 
before 1 November 2013. Third parties having 
acquired in good faith certain rights in such works before that day may, according to this Act, continue to exercise such rights under the same conditions.   
(3) The provisions of  Article 6 of this Act shall 
apply to performances fixed in phonograms and phonograms in which the right of a performer, or the right of a phonogram producer, respectively, was protected in the Republic of Croatia on 1 November 2013, as well as to performances and 
phonograms which come into being after that day.  
 
Article 15  
This Act shall come into force on the eight day 
following its publication in the “Official Gazette”.  
IP/N/1/HRV/C/6 
 
         - 59 -ACT 
ON AMENDMENTS TO THE 
COPYRIGHT AND RELATED RIGHTS 
ACT 
 
Article 1  
In the Copyright and Related rights Act („Official 
Gazette” Nos. 167/03, 79/07, 80/11, 125/11 and 
141/13), Article 1a is amended to read:  
 “This Act shall transpose the following Directives of the European Union to the legal system of the Republic of Croatia:  
 - Council  Directive 93/83/EEC of 27 September 
1993 on coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6/10/1993),  
 - Directive 96/9/EC of the European Parliament 
and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27/3/1996),  
 
- Directive 2001/29/EC of the European Parliament 
and of the Council of 22 May 2001 on the 
harmonization of certain aspects of copyright and related rights  in the information society (OJ L 167, 
22/6/2001),  
 
- Directive 2001/84/EC of the European Parliament 
and of the Council of 27 September 2001 on the 
resale right for the benefit of the author of an original work of art (OJ L 272, 13/10/2001),  
 - Directive 2004/48/EC of the European Parliament 
and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30/4/2004),  
 - Directive 2006/123/EC of the European 
Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27/12/2006),  
 - Directive 2006/115/EC of the European 
Parliament and of the Council of 12 December 
2006 on rental right and lending right and on 
certain rights related to copyright in the field of intellectual property (codified version) (OJ L 376, 27/12/2006),  
 - Directive 2006/116/EC of the European 
Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372, 27/12/2006),  
 - Directive 2009/24/ EC of the European Parliament 
and of the Council of 23 April 2009 on the legal 
protection of computer programs (codified version) 
(OJ L 111, 5/5/2009),  
 - Directive 2011/77/EU of the European Parliament 
and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of 
protection of copyright and certain related rights 
(OJ L 265, 11/10/2011),  
 - Directive 2012/28/EU of the European Parliament 
and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 
27/10/2012).”.  
 
Article 2  
In Article 4 paragraph (2), after the words 
“exceptions and limitations of copyright,”, the words “orphan works and diligent search,” are 
added.  
 
Article 3  
After Article 12, headings above Articles and 
Articles 12a and 12b are added to read:  
 
“ORPHAN WORKS  
 
Article 12a  
(1) If, after carrying out and recording a search referred to in Article 12b of this Act, none of the 
authors or co- authors of a work is identified or, 
even if the author or one or more of the co- authors 
of the work is identified, but none of them is 
located, such a work shall be considered an orphan work.  
 
(2) If, after carrying out and recording a search 
referred to in Article 12b of this Act, not all of the co-authors of a work are identified or, even if 
identified, located, Article 84a of this Act shall apply to them, but only if all the identified and 
located co- authors have given their authorization 
for the reproduction and making available to the 
public of such work in the manner as described in Article 84a of this Act. The rights of co- authors that 
are identified and located shall remain intact.  
 
(3) Paragraphs (1) and (2) of this Article shall apply 
to:  
 - works published in the form of books, journals, 
newspapers, magazines or other writings contained in the collections of publicly accessible 
libraries, educational establishments or museums, 
and other legal persons carrying out the museum activity, as well as in the collections of archives or of film or audio heritage institutions;  
 
IP/N/1/HRV/C/6 
 
         - 60 -- cinematographic or other audiovisual works 
contained in the collections of publicly accessible 
libraries, educational establishments or museums, 
and other legal persons carrying out the museum activity, as well as in the collections of archives or of film or audio heritage institutions; and  
 - cinematographic or other audiovisual works 
produced by public -service broadcasting 
organizations up to and including 31 December 2002 and contained in their archives;  
which are protected by copyright and which are first published in the Republic of Croatia or, in the absence of publication, first broadcast in the 
Republic of Croatia.  
 
(4) Paragraphs (1) and (2) of this Article shall also apply to works referred to in paragraph (3) of this Article which have never been published or broadcast, but which have otherwise been made 
publicly accessible for the first time by publicly 
accessible libraries, educational establishments or museums and other legal persons carrying out the museum activity, as well as archives, film or audio heritage institutions and public -service 
broadcasting organizations established in the Republic of Croatia with the consent of the authors, provided that it is reasonable to assume that the authors of such works would not oppose the uses referred to in Article 84a of this Act.  
 
(5) Paragraphs (1) and (2) of this Article shall also 
apply to works that are embedded or incorporated in, or constitute an integral part of, the works referred to in paragraphs (3) and (4) of this Article.  
 (6) The author or the co- author of the work whi ch, 
according to paragraphs (1) to (5) of this Article shall be considered an orphan work may at any time put an end to the application of the mentioned provisions in relation to his rights.       
 
(7) A work which is according to the law of any 
other Member State of the European Union considered an orphan work, shall also be considered an orphan work in the Republic of Croatia, without the need to carry out the search procedure referred to in Article 12b of this Act, and 
the provisions of Article 84a of this Act shall apply 
to it. The same shall also apply mutatis mutandis to co- authors’ works in respect of which it was 
established in another Member State of the European Union that they have an orphan work status, because not all of the co- authors are 
ident ified or located, but only in relation to their co-
authors’ shares.  
 (8) Article 12 of this Act regulating the presumption of authorship and exercise of copyright where the author is anonymous (including copyright in anonymous and pseudonymous works) shall  apply 
to the extent to which it is not contrary to this 
Article.  
 
DILIGENT SEARCH FOR THE PURPOSES OF 
ESTABLISHING THE ORPHAN WORK STATUS 
AND RECORDS OF INFORMATION 
 
Article 12b  
(1) Publicly accessible libraries, educational 
establishments or museums and other legal persons carrying out the museum activity, as well as archives, film or audio heritage institutions and public -service broadcasting organizations 
established in the Republic of Croatia shall, for the purposes of identification or location of authors or co-authors, or establishment of the orphan work 
status, respectively, carry out in good faith a diligent search in respect of each work. The diligent search shall be carried out prior to the use 
of the work, by searching the sources that are 
appropr iate for the respective category of works. If 
there is evidence to suggest that the relevant information on right holders is to be found in other countries, sources of information available in those 
other countries shall also be searched.  
 
(2) The appropriate sources referred to in paragraph (1) of this Article are:  
 1. for published books:  
a. legal deposit, in particular of national bibliography, library catalogues, biographical lexicons, authority files and bibliographic data bases maintained by libraries  and other 
institutions;               
b. data bases and documentation maintained by 
the publishers’ and authors’ associations in the 
Republic of Croatia;  
c. existing databases and registries, WATCH (Writers, Artists and their Copyright Holders), the ISBN  (International Standard Book Number) and 
databases listing books in print;  
d. the databases and documentation of the relevant collective rights management associations, in particular reproduction rights management associations;  
e. sources that integrate multiple databases and 
registers, including VIAF (Virtual International 
Authority Files) and ARROW (Accessible Registries of Rights Information and Orphan Works);  
 2. for newspapers, magazines, journals and 
periodicals:  
a. the ISSN (International Standard  Serial 
Number) for periodical publications;  
b. indexes and catalogues from library holdings and collections;  
IP/N/1/HRV/C/6 
 
         - 61 -c. legal deposit, in particular of national and special 
bibliographies:  
d. databases and documentation maintained by the publishers’ as well as aut hors’ and journalists’ 
associations in the Republic of Croatia;  
e. the databases and documentation of relevant collective rights management associations, in particular reproduction rights management 
associations;  
f. biographical lexicons;  
 
3. for visual works, including fine art, photography, illustration, design, architecture, sketches of the latter works and other such works that are 
contained in books, journals, newspapers and 
magazines or other works:  
a. the sources referred to in points 1 and 2 of thi s 
paragraph;  
b. the databases and documentation of the relevant collective rights management 
associations, in particular for visual arts, and 
including reproduction rights management associations;  
c. the databases of picture agencies, where applicable;  
 4. for audiovisual works, performances, 
phonograms and videograms:  
a. legal deposit;  
b. the databases and documentation maintained by the producers’ associations in the Republic of 
Croatia;  
c. databases and documentation of film or audio 
heritage institutions and national libraries;  
d. databases with relevant standards and identifiers such as ISAN (International Standard Audiovisual Number) for audiovisual material, 
ISWC (International Standard Music Work Code) 
for musical works and ISRC (International Stand ard Recording Code) for phonograms;  
e. the databases and documentation of the relevant collective rights management 
associations, in particular for authors, performers, 
phonogram producers and audiovisual producers;  
f. credits and other information appearing on the work’s or the subject matter’s of related rights packaging;  
g. databases and documentation of other relevant 
associations representing a specific category of 
right holders.  
 (3) A diligent search shall be carried out if the work was first published or, in the absence of publication, first broadcast in the Republic of 
Croatia. A diligent search for cinematographic and 
other audiovisual works shall be carried out, if the film producer has his principal place of business or habitual residence in the Republic of Croatia. A diligent search for the works referred to in Article 12a paragraph (3) subparagraph 3 of this Act shall be carried out if the broadcasting organization that made them publicly accessible with the consent of 
the author or other right holder has his principal 
place of business in the Republic of Croatia.  
 (4) The institutions referred to in paragraph (1) of this Article shall keep records of the diligent searches as carried out. The information contained 
in such records shall be communicated to the 
State Intellectual Property Office, which shall forward it to the Office for Harmonization in the Internal Market without delay for the purpose of being recorded in a single publicly accessible online database established and managed by such 
Office in accordance with Regulation (EU) no 
386/2012 of the European Parliament and of the 
Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, 
including the assembling of public and private-
sector representatives as a European Observatory on Infringements of Intellectual Property Rights  
 (5) The records referred to in paragraph (4) of this 
Article shall include at least the following 
information:  
a. the results of the diligent searches that such 
institutions have carried out and which have led to the conclusion that the works or the subject matters of related rights are considered orphan 
works or subject matters of related ri ghts, 
respectively.  
b. the use that such institutions make of orphan 
works or subject matters of related rights in accordance with Article 84a of this Act;  
c. any change of the orphan work status of works 
or the subject matters of related rights, 
respectiv ely, that the institutions use;  
d. the relevant contact information of the institution concerned.”  
 
Article 4  
Article 84 is amended to read:  
“Public archives, public libraries, museums and other legal persons carrying out the museum activity, educational and scientific institutions, preschool educational institutions and social 
(charitable) institutions may reproduce a copyright 
work from their own copy to any media whatsoever for the purposes of preservation and safeguarding, technical restoration and reparation of the materials, management of a collection and other personal needs, if not acquiring thereby any direct 
or indirect commercial benefit.”.  
 
Article 5  
After Article 84, a heading above Article 84a and 
Article 84a is added to read:  
 
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Article 84a  
(1) Publicly accessible libraries, educational 
establishments or museums and other legal persons carrying out the museum activity, as well as archives, film or audio heritage institutions and public -service broadcasting organizations 
established in the Republic of Croatia may reproduce orphan works which are contained in their collections for the purposes of digitization, making them available to the public, indexing, cataloguing, preservation or restoration and may them make available to the public. The mentioned 
institutions may perform the acts of reproduction 
and making available to the public only in order to achieve aims related to their public -interest 
missions, in particular the preservation of, the restoration of and the provision of cultural and educational access to, orphan works contained in 
their collections. The institutions may generate 
revenues in the course of such uses, for the exclusive purpose of covering their costs of digitizing orphan works and making them availa ble 
to the public. The above mentioned shall not affect 
the freedom of contract of such institutions in the 
pursuit of their public -interest missions, particularly 
in respect of public -private partnership 
agreements.  
 (2) In any use of an orphan work, the institutions 
referred to in paragraph (1) of this Article shall indicate in the usual manner the identified author and co- authors of such works, respectively.             
 (3) An author or a co- author that put an end to the 
orphan work status in accordance with Article 12a 
paragraph (6) of this Act shall have a right to a fair compensation for the use that has been made of his work according to paragraph (1) of this Article. The compensation shall be paid by the institution referred to in paragraph (1) of this Article that used 
the work. The amount of the compensation shall 
be determined according to the category of orphan works, taking into account, among other things, the aims of the Republic of Croatia in the field of cultural promotion, the non- commercial nature of 
the use made by the institution referred to in 
paragraph (1) of this Article in order to achieve 
aims related to their public -interest missions, such 
as promoting learning and disseminating culture, as well as possible harm incurred to authors.  The 
fair compensation shall be paid retroactively, for not more than three years, counting from the day 
of putting an end to the orphan work status.  
 
(4) A request for the payment of a fair compensation may be filed by the author or the respective collective rights management association, authorized by the author for filing such a request. A request for the payment of a fair compensation shall be subject to the statute of 
limitations, counting from the day of putting an end 
to the orphan work status.  
 (5) T he provisions of this Article shall not affect the 
obligations and rights acquired by other legal provisions concerning other intellectual property 
rights, conditional access, access to cable of 
broadcasting services, the protection of national treasures, legal deposit requirements, the 
protection of fair trading, trade secrets, security, confidentiality, data protection and privacy, access to public documents, the law of contract, and rules 
on the freedom of the press and freedom of 
expression in the media.”.  
 
Article 6  
(1) This Act shall apply to all the works, performances, phonograms and videograms that 
are protected by the Copyright and Related Rights 
Act (“Official Gazette” Nos. 167/03, 79/07, 80/11, 125/11 and 141/13) on 29 October 2014 or after that date.  
 
(2) This Act shall apply without prejudice to the 
legal transactions made or the rights acquired before 29 October 2014.  
 
Article 7  
This Act shall enter into force on the eight day 
following the day of its publication in the “Official 
Gazette”.          
  
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