Copy right 
And 
Related 
Rights 
Act 
 
And 
 
THE ACT ON AMENDMENTS TO 
THE COPYRIGHT  AND RE LATED RIGHTS  
ACT*/**/***/****/*****  
 
NN 167/2003 in force from Octo ber 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 Decem ber 5, 2013  
****NN 127/20 14 in force from November 6, 2014  
*****NN 62/20 17 in force from July 8,  2017  
 
 
 
 
                         Zagreb, November  2017  Copyright and Related Rights Act 
THE A CT ON AMENDMENTS TO THE C OPYRIGHT AND RELATED RI GHTS ACT*/**/* **/****/*****  
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  Copyright and Related Rights Act 
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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.   managemen t (individual and collective) of 
copyright and related rights; 
 
4.   protection of copyright and related rights 
in the case of infringemen t; 
 
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, PUBLICATION, THE PUBLIC 
AND PUBLIC USE 
Article 3 
(1)    A copyright work or a subject matte r 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 matte r 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 matte r of related rig hts 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 
matte rs 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' rights 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 author, 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 Copyright and Related Rights Act 
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copyright,  legal  transactions  of  copyright, 
and the relation between copyright and 
ownership shall apply mutatis mutandis to 
related rights, unless otherwise sp ecially 
provided for them, or arising from their legal 
nature. 
II. COPYRIGHT 
Chapter 1 
SUBJECT MA TTERS 
 
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, irre spective of the manner and 
form of its expression, 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 works; 
 
• choreographic works and works of 
pantomime; 
 
•  works  of  visual  art  (in  the  field  of 
painting, sculpture, and graphics), 
irrespective  of  the  material  they  are 
made of, and other works of visual arts; 
 
•  works of architecture; 
 
•  works   of   applied   art   and   industrial 
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 matte r 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 matte r 
of copyright. (4)    The subject matte r 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 
matte r 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. 
 
 
ALTERATIONS 
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 in forming 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 DATABASES 
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 arrangemen t of their 
constituent elemen ts 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 prejudice the rights subsisting in the 
works and subject matte rs of related rights 
included in the collection. 
 
(3)   Databases,  under  this  Act,  shall  be 
collections arranged according to certain 
system or method, the elemen ts 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 Copyright and Related Rights Act 
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progr ams used in the making of databases 
accessible by  electronic means or in the 
operation thereof. 
 
 
UNPROTECTED CREATIONS 
Article 8 
(1)    The subject matte r of copyright shall include 
expressions and not ideas, procedures, 
methods of operation or mathematical 
concepts as such. 
 
(2)   The subject matte r of copyright shall not 
include: 
 
1. discoveries, official texts in the domain of 
legislation, administration, 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 character of mere items of press 
information; 
 
(3)    Folk literary and artistic creations in their 
original form shall not be the subject matte r 
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 
AUTH ORS 
 
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 the copyright in his own 
work. 
 
(2)   Mutual relations betwee n authors of the 
compound works shall be regulated by a 
contract. Unless otherwise pro vided 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 used independently. 
 
(2)    Co-authors shall have a joint copyright in 
the  created  work,  so  a  part  of  such 
copyright calculated in propor tion to the 
whole copyright (co-authors' sh ares) shall 
belong to each of them. 
 
(3)    When in doubt as to the co-authors' shares, 
they shall be considered to be equal. 
 
(4)    The consent of all the co-authors shall be 
needed for the disclosure, use and alteration 
of such work. An individual co-author shall 
not  refuse  to  give  his  consent  for  the 
reason, which is contrary to the principle of 
conscientiousness 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 not 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 pro vided for by a contract 
regulating their mutual relations. 
 
 
PRESUMPTION OF AUTHORSHIP AND 
EXERCISE OF COPYRIGHT WHERE 
THE AUTHOR IS ANONYMOUS 
Article 12 
(1)    The  author  is  presumed  to  be  a  person 
whose name, pseudonym, artist's mark or 
code appears in the customary manner on 
the copies of the work or when the work is 
disclosed, until proven to the 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: Copyright and Related Rights Act 
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1. for a published work - the publisher who 
has lawfu lly 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 pro vided for by a 
contract. 
 
 
Chapter 3 
CONTENT OF COPYRIGHT 
 
CONTENT OF RIGHT 
Article 13 
(1)  Copyright  shall  include  moral  rig hts, 
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 rig hts of the 
author) and other interests of the author in 
respect of his work (other rights of the 
author). 
 
(3)    The author is entitled to remuneration for 
each use of his work, unless otherwise 
provided for by this Act or by  a contract. 
 
 
3.1. Moral rights of the author 
 
RIGHT OF FIRST DISCLOSURE 
Article 14 
(1)    The author shall have the right to determine 
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 copyrig ht 
work, shall be oblig ed to indicate the 
author at each use, unless the author 
has declared in a written form that he 
does not want to be indicated, or if the 
manne r 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  jeopa rdizing his honour or reputation. 
 
RIGHT OF REVOCATION 
Article 17 
(1)    The  author  shall  have  the  right  to 
revoke a rig ht of exploitation of his 
copyrig ht work and its further use, 
compensating the damages to the user 
of such right, where further use would 
be  pr ejudicial  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 doi ng so. 
 
(2)    The revocation referred to in paragraph 
(1) of t his Article shall be effective from 
the day when the author deposits the 
security for the compensation for 
damages refe rred to in paragraph (3) of 
this Article. 
 
(3)    The user of the right of exploitation of a 
copyrig ht  work  shall,  w ithin  three 
months as from the receipt of the 
notification of r evocation referred to in 
paragraph 1 of this Article, commun icate 
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 copyright Copyright and Related Rights Act 
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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  t he  exploitation  of 
the   work   in   respect   to   which   he 
exercised  his  rig ht  of  revocation,  he 
shall be r equired to offer such rig ht, 
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 d atabases and 
computer progr ams. 
 
 
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 benef its deriving from it 
what ever 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 communication of the work to 
the public; 
 
•  right of alteration 
 
 
REPRODUCTION 
Article 19 
(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, tempor arily 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 
material 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 territory 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 mean 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 
commer cial benefit. 
 
(4)    The  right  of  rental  of  a  copyright  work, 
under this Act, shall not apply to already 
made architectural 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 
copyright work. The author may not 
renounce the right to the equitable 
remuneration. The remuneration for rental 
shall be paid by the person r enting the 
copyright work. November,  2017 8 Copyright and Related Rights Act 
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COMMUNICATION OF A COPYRIGHT Public communic ation of a fixed work  
 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 par ticular: 
 
•  right of public performance; 
 
•  right of public stage presentation; 
 
•  right of public transmission; 
 
•  right of public communication of fixed 
works; 
 
•  right of public presentation; 
 
•  right of broadcasting; 
 
•  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 PRESENTATION 
Article 23 
The right of public stage presentat ion shall mean 
the exclusive right to communicate to the public 
dramatic, dramatico-musical, and choreographic 
works or works of pantom ime, by their live stage 
presentat ion. 
 
PUBLIC TRANSMISSION 
Article 24 
The right of public  transm ission 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 wher e the work is recited, performed or 
presented on stage live, by loudspeaker, screen or 
any other technical device. 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 phonogram 
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 presentat ion of 
scientific or technical nature, by technical devices. 
 
BROADC ASTING 
Article 27 
(1)   The right of broadcasting shall mean the 
exclusive right to communicate a copyright 
work to the public by radio or television 
progr am-carrying sig nals, 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 must 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 progr am-carrying sig nals 
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 progr am-carrying signals referred 
to in paragraph (2) of this Article 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. November,  2017  9 Copyright and Related Rights Act 
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REBROA DCASTING 
Article 28 
The right of rebroadc asting shall mean the 
exclusive right to a simultaneo us, unaltered and 
unabr idged communication to the public of a 
broadc ast of a copyright work: 
 
1. where   made   by   a   broadcasting 
organization o ther than the one who 
initially broadcasted the work; 
 
2. where  made  by  cable  or  microwave 
system (cable retransmission). 
 
 
PUBLIC COMMUNICATION OF 
BROADC ASTING 
Article 29 
The right of p ublic commun ication of 
broadcasting shall mean the exclusive rig ht to 
commun icate to the public a  broadcast 
copyrig ht work, by a loudspeaker, 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 a ccess it from a place and at a time 
individually chosen by them. 
 
ALTERATIONS OF THE WORK 
Article 31 
The  right  of  alteration shall mean the  exclusive 
right to translate, adapt, musically arrange  or 
other wise modify a work. 
 
3.3. Other rights of the author 
 
3 .3 .1 R i ghts to rem un er ation 
 
RIGHT TO REMUNERATION FOR 
REPRODUCTION OF A COPYRIGHT 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 appropri ate 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 appropri ate remuneration to be 
obtained from 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, forming 
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 appropri ate 
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 or 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. November,  2017 10 Copyright and Related Rights Act 
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RIGHT TO REMUNERATION ORIGINAL OF A WORK  OF VISUAL ART  
 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 commer cial 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 R esale righ t 
 
GENERAL 
Article 34 
(1)    If the  original of a  work of  visual art  is 
resold, the author shall have the right to 
equitable sh are in the selling price for each 
time his original is resold after its first 
alienation by the author. 
 
(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 provision referred 
to in paragraph (1) of this Article shall not 
apply,  where  the  seller  is  an  art  gallery 
which has acquired the work directly from 
the author less than three years before that 
resale and where the resale pric e does not 
exceed the equivalent value of EUR 10 000 
in HRK. 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,  dr awing, 
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, sig ned or authorized by  the 
author. 
 
 
AMOUNT BELONGING TO THE AUTHOR 
Article 36 
(1)    A seller who resells the work referred to in 
Article 35 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 amount, 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 
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RENOUNCEMENT, TRANSFERABILITY 
AND EXECUTION OF RESALE 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 INFORMA TION 
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 t hat is 
necessary in order to secure payment of the 
amount  that  belongs  to  him  in  respect  of  the 
resale. (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 
TRANSACTI ONS 
 
4.1 Basic Provisions 
 
INHERITANCE OF COPYRIGHT 
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 related to 
inheritance of  copyright, which are not 
regulated by this Act. 
 
3 .3 .3 Other addition al righ ts 
 
RIGHT OF ACCESS TO THE 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, if 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 PUBLIC 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 Article, in the written form. TRANSFERABI LITY OF COPYRIGHT 
Article 42 
(1)    Copyright shall not be transferable, except 
by inheritance and transfer for the benefit of 
coheirs in the case of dissolu tion of 
community of hires. 
 
(2)    Other  disposit ions  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 
execution, 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. 
 
 
DISPOSITION 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 November,  2017 12 Copyright and Related Rights Act 
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a contract, by giving the authorization for 
use, or by other legal transaction. 
 
(2)    The author may grant to another person a 
right on the basis of which he will be able to 
use a copyright 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 exclusive 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 pro vided 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 rig ht for the 
territory of the Republic of Croatia. 
 
(6)    The author shall refrain from acts that would 
impede  t he  holder  of  the  right  of 
exploitation  to exercise his right. 
 
 
NON-EXERCISE OF THE EXCLUSIVE 
RIGHT OF EXPLOITATION Article 45 
If the holder of the exclusive right of exploitation 
does  not exercise his right or exercises it 
insufficiently, p rejudicing 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 EXPLOITATION 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, un less otherwise provided by a contract 
on the grant of an earl ier right. 
 
TRANSFER OF THE RIGHT OF EXPLOITATION 
Article 47 
(1)    The right of exploitation  may be transferred 
without the author's authorization from one 
person to another within transfer of the 
entire business or  the part thereof 
constituting the entirety. 
 
(2)   Where the right of exploitation can be 
transferred  w ithout  the  author's 
authorization the person acquiring the right 
of exploitation shall have joint and several 
liability for fulfilling the obligation which the 
person transferring such right has in respect 
of the author. 
 
 
GRANTING OF FURTHER RIGHTS OF 
EXPLOITATION 
Article 48 
The  holder of  the  exclusive right  of  exploitation 
may, on the basis of his right, gr ant to  another 
person further right of exploitation only with the 
written author ization 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 COPYRIGHT BY 
ENTRUSTING THE EXERCISE 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 by the law. 
 
(2)    It shall be considered that the author has 
entrusted the exercise of his particular right 
to the collective rights managemen t 
association which deals with the respective 
right,  if  the  association  exercises  such  a 
right for his benefit and for the benefit of 
other authors for their respective rights. November,  2017  13 Copyright and Related Rights Act 
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RENOUNCEMENT OF COPYRIGHT 
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 other wise 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, pro vided that it defines the type of 
the  work and  the  manner of  use  of  the 
future work. 
 
(3)    A contractual provision concerning the grant 
of the  right of 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 accou nt of 
the type and scope of the use of a copyright wor k, 
its financ ial success in it, the kind and size of the 
work, the duration of use, the existence of 
agreement bet ween the relevant associations of 
authors and the relevant association of users 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 CONTRACT FOR THE PURPOSE OF 
MORE FAIR SHARE IN THE PROFIT 
Article 54 
(1)    If the profit derived from use of the work is 
obviously dispropor tional to the agreed or 
fixed remuneration, the author shall be 
entitled to demand the amen dment of the 
agreemen t for the purpose 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 REGULATIONS 
ON OBLIGATORY RELATIONS 
Article 55 
The provisions of the Act regulating ob ligatory 
relations shall apply to all the matters related to 
copyright contracts which are not regulated by this 
Act. 
 
4.3 Special part o f contractual 
copyright law 
 
4 .3 .1 P ub lishi ng con tract 
 
GENERAL ISSUES CONCERNING 
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), while 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 author 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 has 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 November,  2017 14 Copyright and Related Rights Act 
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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 well as 
other  economic rights. 
 
VERIFICATION OF ACCURACY 
OF INFORM ATION 
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, i nformation 
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 RULE CONCERNING 
OBLIGATORY WRITTEN FORM  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 public ations, does 
not need to be made in a written form (small 
publishing contract). 
 
CONCLUSION OF CONTRACTS 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 d eriving 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 o r 
other original of the work; 
 
• the number of the editions which the 
publisher is authorized to publish. Unless 
otherwise pro vided 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 original 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 
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IMPROVEMENTS AND OTHER 
MODIFICATIONS OF THE WORK 
Article 63 
Unless  otherwise  pr ovided  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. 
 
DESTRUCTION OF THE MANUSC RIPT 
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 d estroyed 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 o nly 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  work,  has  among  other 
publishers  who   offer   equal   terms,   the 
priority rig ht 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 RESCINDMENT 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  f or  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 COPIES 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 infringemen t 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 . P erfo rm ance cont ract 
 
GENERAL IN FORM ATION ABO UT 
THE CONTRACT 
Article 68 
(1)    By  a  contract of  performance, an  author 
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. November,  2017 16 Copyright and Related Rights Act 
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(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 lite rary 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 tec hnical 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 author ization 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 o n s tage pres en tat ion 
of t he w or k 
 
GENERAL ISSUES CONCERNING 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 the 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, publ ic 
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 mutandi s to  the contract on stage 
presentat ion of a copyright work. 4 .3 .4. Contract o n the cr eati on of 
copyri gh t w ork on com m ission 
 
GENERAL ISSUES CONCERNING 
THE CONTRACT 
Article 73 
By a contract on the creation of a copyright work 
on commission, an author unde rtakes to create a 
certain wor k and deliver a copy of such work to the 
person commissioning the  work, while the latter 
unde rtakes to pay to the author a stipulated 
remuneration, unless otherwise provided by the 
contract. 
 
CONTENT OF THE CONTRACT 
Article 74 
(1)    The contract on the creation of a copyright 
work made on commission shall also specify 
characteristics, elemen ts 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 . Copyr igh t w ork s creat ed w hil e 
ex ecuti ng em pl oym en t contract 
 
COPYRIGHT WORK  CREATED IN 
THE COURSE OF EMPLOYMENT 
Article 75 
Copyright wo rk 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 g iven by him. The 
relations with regard to a copyright work created in 
the course of employment shall be regulated by 
this Act, by an employment contract or by other ac t 
regulating the employment. 
 
RIGHTS TO USE THE COPYRIGHT WORK 
CREATED IN THE COURSE OF EMPLOYMENT 
Article 76 
If copyright works are created in the course of 
employment,  t he  employment  contract  shall 
specify, among other  things, whether the employer 
acquires the right to u se the copyright works, and if 
he  acquires  it,  it  shall  specify  in  particular  the 
scope and duration of such right. Unless other wise 
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. November,  2017  17 Copyright and Related Rights Act 
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Chapter 5 
RELATION B ETWEEN COPYRIGHT 
AND  OWNERSHIP 
 
GENERAL 
Article 77 
(1)    Copyright is individual and independent from 
ownership and other propr ietary rights in an 
object on which the work is fixed. 
 
(2)    Ownership and other propri etary rights in an 
object on which a copyright work is fixed 
shall not be, without the authorization of the 
holder, exercised contrary to copyright, 
unless otherwise provided by this Act. 
 
 
INDEPEND ENCE OF LEGAL TRANSACTIONS 
Article 78 
(1)    Disposit ion 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)    Disposit ion 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 COPYRIGHT WORK  
Article 79 
(1)    The owner of an original of a copyright work 
who knows or has reasonable gro unds 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 gro unds 
to know that neither the original nor other 
copies of that work exist. 
 
(3)    The  owner  of  the  object  on  which  a 
copyright work has been fixed without his 
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 work of 
architecture the interests of its owner must 
be taken into account. The author of a work 
of  architecture  s hall  not  oppose  to 
alterations of his work of architecture, which 
are necessitate d 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  dispropor tionate  di fficulties  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 
infringemen t 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 authori zation, 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 
Chapt er cover only such uses of a copyright work 
which do not conflict with regular us e of the work 
and do not unreasonably prejudice the legitimate 
interests of the author. 
 
TEMPORARY  ACTS OF REPRODUCTION 
OF THE COPYRIGHT WORK 
Article 81 
Temporary acts of reproduction of the copyright 
work,   which   are   transient   or   incidental,   and November,  2017 18 Copyright and Related Rights Act 
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constitute an integral and essent ial part of a 
technological process, whose sole purpose is to 
enab le a transmission in a network between third 
parties by an intermediary, or authorized use of the 
work, and which have no independent ec onomic 
significance, shall be excluded from the exclusive 
right of reproduc tion 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 PERSONAL USE 
Article 82 
A natural person may reproduc e a copyright work 
in any medium if he does  so for private use, or in 
the form of photoc opying 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 reproduc e the 
whole book, unless the copies of such book  have 
been  sold  out  for  at  least  two  years,  graphic 
editions   of   musical   works   (hereinafter:  sheet 
music), electronic databases, cartographic works, 
nor the building of architectural structures, unless 
other wise provided by this Act or a contract. 
 
EPHEMERAL RECORDINGS 
Article 83 
(1)   Broadcasting org anization, 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  paragraph  (2)   of  this 
Article, may not be rebroadcast without the 
authorization of the right holder. 
 
 
RESTRICTIONS FOR THE BENEFIT 
OF PARTICULAR INSTITUTIONS 
Article 84 
Public archives, public libraries, educational and 
scientific institutions, p reschool  educ ational 
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 RESEARCH 
Article 85 
(1)    It shall be permitted to reproduce on paper 
or any similar medium and distribute 
particular por tions (p arts) 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 systemati sation exclusively 
intended for teaching or scientific research, 
as long as the source is indicated, unless the 
author expressly pr ohibits it. Reproduction 
and distribution of particular parts of 
copyright works shall not be considered as 
infringemen t referred 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 equitable 
remuneration for the reproduction and 
distribution of their works. 
 
 
USE OF COPYRIGHT WORKS 
BY DISABLED PERSONS 
Article 86 
The  use  of  copyright  works  for  the  benef it  of 
peop le with a disability shall be permitted where 
the work is used in a manner directly related to the 
disability of such peop le to the extent required by 
the specific disability, and wher e such use is of a 
non-commercial nature. 
 
USE OF COPYRIGHT WORKS FOR 
JUDICI AL, ADMINISTRATIVE OR 
OTHER OFFICIAL PROCEEDINGS 
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. November,  2017  19 Copyright and Related Rights Act 
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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 
educ ational  pu rpose  thereof  to  be  achieved  by 
such  communication,  where  the  works  are  not 
used for direct or indirect econom ic or comme rcial 
benef it  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 WORKS FOR THE 
PURPOSE OF INFORM ING 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 manner of reporting on 
current events; 
 
2. newspapers' articles on and photographs 
of current   political,   economical   or 
religious topics, which are released 
through o ther media  of public 
communication, prov ided 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 
speeche s 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 per mitted to make quotations of excerpts 
from a copyright work, which has already be en 
lawfully made available to the public for purposes 
of scientific research, tea ching, criticism, polemics, 
revision, review to  the extent justified by the 
purpose to be ac hieved 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 accessible  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 referred 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 
appe arance of the architectural structure. 
 
POSTERS AND CATALOGUES 
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  a nd  in  catalogues  for  such 
exhibitions or auctions, and to distribute by 
means of such posters and catalogues the 
works of  visual arts,  architecture, applied 
art, industrial designs and photographic 
works, which are displa yed 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 CARICATURES 
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. November,  2017 20 Copyright and Related Rights Act 
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USE OF COPYRIGHT WORKS FOR THE 
PURPOSE OF PRESENTATION AND 
TESTING OF EQUIPMENT 
Article 95 
Shops which sell phonograms or videogr ams, or 
equipment for audio and video reproduc tion 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 RECORDINGS 
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 database, 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  mea sures  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 
progr ams. (2)    If the right holders or other persons referred 
to in the previous paragraph fail to comply 
with the provisions 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 
voluntarily by right holders under this Act, 
including those applied in implemen tation  of 
voluntary agreemen ts, 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 them 
from a  place and at a time individually 
chosen by them. 
 
 
Chapter 7 
TIME LIMITATIONS O F COPYRIGHT 
 
GENERAL PROVISIONS ON 
DURA TION 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 
other wise provided by this Act. 
 
DURA TION 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 calculate d 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  survive: 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. November,  2017  21 Copyright and Related Rights Act 
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DURA TION 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 thi s Act shall apply. 
 
DURATION OF COPYRIGHT FOR 
PSEUDONYMOUS WORK Article 
102 
Copyright 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. 
 
DURA TION OF COPYRIGHT FOR 
THE WORK DISCLOSED IN SERIES 
Article 103 
Where a work is disclosed in volumes, par ts, 
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 separately. 
 
DURA TION OF COPYRIGHT FOR 
UNDISC LOSED WORK  
Article 104 
Where the term of protection is not calculated from 
the death of the author, and wher e the work has 
not been lawfully disclosed, the copyright shall 
expire upon the expiration of a period of seventy 
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 Januar y of the year 
following the year in which the relevant event has 
occurred. 
 
EFFECTS OF EXPIRATION 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,  p aying  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 infringemen t of 
such obligation. 
 
 
Chapter 8 
SPECIAL PROVISIONS FOR C OMPUTER 
PROGRAMS A ND AUD IOVISUAL WORKS 
 
8.1. Special provisions for 
compu ter programs  
 
SUBJECT MATTER OF PROTECTION 
Article 107 
A computer  program, under  this Act, shall be 
protected as  the work of langua ge 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 under lie any element 
of a computer  program, including those which 
under lie its interfaces, shall not be protected by 
copyright. 
 
COMPUTER PROGRAM CREATED 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 
econom ic rights in the program so created, un less 
other wise provided by a contract. 
 
RIGHT OF THE AUTHOR OF COMPUTER 
PROGRAM 
Article 109 
(1) The  author  of  a  computer  progr am  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      temporary 
reproduction of a computer progr am by 
any means and in any form, in part or in 
whole; this includes loading, displaying, 
running, transmission or storage of a 
computer progr am which necessitate its 
reproduction; 
 
2. the translation, adaptation, arrangement 
and any other alteration of  a computer 
progr am, and the reproduction of the 
results thereof, without prejudice to the November,  2017 22 Copyright and Related Rights Act 
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right  of  the  person  who  alters  the 
progr am; 
 
3. any form of distribution of the original or 
copies of a computer progr am, including 
the rental thereof. 
 
(2)    The provisions of Articles 17, 32 and 82 of 
this Act shall not apply to computer 
progr ams. Computer progr ams shall not be 
subject to public le nding, 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 progra m by the lawfu l 
acquirer in accordance with 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 progr am 
may not be prevented by a contract insofar 
as it is necessary for that use. 
 
(3)    The person having a right to use a copy of a 
computer progr am shall be entitled, without 
the authorization of  the author, to observe, 
study or test the functioning of a progr am in 
order to determine the ideas and principle s 
that underlie any elemen t of the progr am, if 
he does so while performing any of the acts 
of loading, displaying, running, transmitting 
or storing the progr am 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 
progr am with other progr ams, 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 progr am, 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 which 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 progr am; 
 
2. transferred  to  other  persons,  expect 
when necessary for achieving the 
interoperability of the independently 
created progr am; or 
 
3. used for the development, production or 
marketing of  another progr am 
substantially similar in its expression, or 
for any other 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 pr ejudices legitimate interests 
of the right holder or conflicts with a normal 
use of the computer progr am. 
 
(4)   Any contractual provision contrary to the 
provisions of this Article shall be null and 
void. 
 
 
SPECIAL MEASURES OF PROTECTION 
Article 112 
Infringem ents of the rights in a computer  program 
shall constitute, in par ticular: 
 
1. any act of distribution of  a copy of a 
computer program, knowing, or  having 
reason to believe, that it is an infringing 
copy; 
 
2. the possession, for commer cial purposes, 
of a copy of a computer program , 
knowing, or  heaving reason to believe, 
that it is an infringing copy; 
 
3. any act of distribution, or the possession 
for commer cial purposes, of any means 
the sole intended purpose of which is to 
facilitate  the unauthorized removal or 
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serving  as  protection  of  a  computer 
progr am. 
 
 
CONTINUED APPLICATION OF 
OTHER LEGAL PROVISIONS 
Article 113 
The provisions of  this Act regarding the protection 
of computer pr ograms shall be without prejudice to 
any  other  legal  provisions,  such  as  those 
regulating the protection of inventions by patents, 
protection of  layout designs of semi-condu ctor 
produc ts,  tradem arks,  unf air  competition, 
protection of  business secrets or contractual 
obligations. 
 
8.2. Special provisions for 
audio visual works 
 
AUDIOVISUAL WORKS  
Article 114 
Audiovisual works, under  this Act, shall mean 
cinematogr aphic, te levision, documentar y, 
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 CONTRIBUTIONS 
TO AUDIOVISUAL WORK  Article 
117 
A   music  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 
scenogr apher, a costume designer, a face makeup 
artist, an editor and other author s that participate in 
the creation of an audiovisual wor k, shall have the 
copyright in their individual contributions (authors 
of contributions). 
 
CONTRACT ON AUDIOVISUAL PRODUCTION 
Article 118 
(1)    A contract on audiovisual production shall 
regulate the relations betwee n the film 
producer, the co-authors of an audiovisual 
work and the authors of contributions 
thereof, as well as the relations betwee n the 
authors of an audiovisual work. 
 
(2)    Unless otherwise provided by the contract 
on audiovisual production betwee n the film 
producer and the authors of contributions, it 
shall be considered that the film producer 
acquires  all  the  economic  rights  of  such November,  2017 24 Copyright and Related Rights Act 
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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 pro ducer 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 
renounce 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 REMUNERATION FOR 
RIGHTS TO AUDIOVISUAL WORK 
Article 119 
The film produc er of an audiovisual work must at 
least once a year submit to the co-authors a report 
on the profits for each form of us e of the work. 
 
COMPLETED AUDIOVISUAL WORK  
Article 120 
(1)  An audiovisual work shall be deemed 
completed  when,  according  to  the 
agreemen t  betwee n  the  principal  director 
and  the  film  producer, the  first  standard 
copy  of  the  work,  which  is  the  subject 
matte r 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 r efuses 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. RESCINDIN G OF CONTRACT 
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 work 
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. RELAT ED RIGHTS 
Chapter 1 
RIGHTS OF  PERFORMERS 
 
PERFORMERS 
Article 122 
Performers shall mean actors, singers, musicians, 
danc ers and other persons who act, sing, deliver, 
declaim, play in, interpret, or other wise perform 
literary or artistic works or expressions of folklore. 
A  director of  theat rical performance and  a 
condu ctor of an artistic ensemble shall be also 
deem ed 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 require the consent of 
the majority of members of an artistic 
ensemble, unless otherwise provided by the 
internal rules of the ensemble. It shall be 
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, 
soloist s, directors of theatrical performances 
and players of leading roles, who are not November,  2017  25 Copyright and Related Rights Act 
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members of the ensemble, unless otherwise 
agreed betwee n them and the artistic 
ensemble. 
 
 
MORAL  RIGHTS OF PERFORMERS 
Article 124 
(1)   A performer s hall 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 indicated 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 de clares in a written 
form that he does not want to be indicated 
as such. 
 
(3)    A  performer  shall  be  deeme d  a  person 
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 RIGHTS 
OF PERFORMERS 
Article 125 
A performer shall have the exclusive right: 
 
1. to fix his unfixed performance; 
 
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 i ncluding 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 RENTAL 
Article 126 
A performer, who entrusts his rental right to a 
produc er  of  phonograms or  to  a  film  produc er, 
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 public 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 performer 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 PERFORMA NCE FOR COMPLETION OF 
AUDIOVISUAL WORK  
Article 129 
If a performer refuses to complete his performance 
in an audiovisual work, or if he is unabl e 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. November,  2017 26 Copyright and Related Rights Act 
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PERFORMANCE GIVEN IN THE FRAMEWORK 
OF AN EMPLOYMENT CONTRACT 
Article 130 
(1)   A performance made in the course of 
employment shall, under this Act, mean a 
performance gi ven 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 the 
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. 
 
 
DURA TION OF RIGHTS 
Article 131 
The econom ic 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 incorpor ated in 
audiovisual works. Fixation, within the 
meaning of this Article, 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 shall 
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)   Disposit ion with the rights of phonogram 
producers shall be free. The right of 
phonogram prod ucers 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 pub lic libraries. 
 
RIGHT TO REMUNERATION FOR 
BROADC ASTING AND PUBLIC 
COMMUNICATION OF PHONOGRAMS 
Article 135 
A  producer  of  phonograms shall  be  entitled,  in 
accordanc e with the provision laid down in Article 
127, paragraph (2) of  this Act, to a share in a 
single equitable remuneration for broadc asting and 
any other  communication to the public of his 
phon ograms published for commercial purposes. 
 
RIGHT TO REMUNERATION FOR 
REPRODUCTIONS November,  2017  27 Copyright and Related Rights Act 
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OF PHONOGRAMS FOR PRIVATE 
OR OTHER PERSONAL USE Article 
136 
A produc er of phon ograms 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 thi s Act. 
 
DURA TION OF RIGHTS 
Article 137 
The rights of a producer of phonog rams shall run 
for 50 years as from the date of the first fixation of 
a phonogram. If the phono gram is lawfully 
published during this period, the rights shall run for 
50 years as from the date of  the first such 
publication. If the phon ogram 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 communi cation to the 
public. 
 
Chapter 3 
RIGHTS OF  FILM PRODUCERS 
(RIGHTS OF  PRODUCERS OF 
VIDEOGRAM S) 
 
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, o rganizes 
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   film   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 PRODUCERS 
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)    Disposit ion  with   the   right   of   the   film 
producer shall be free. The right of film 
producers shall in no way prejudice the 
copyright, the right of performers and the 
right of phonogram producers. 
 
 
RIGHT TO REMUNERATION 
FOR PUBLIC LENDING Article 
140 
A film produc er shall be entitled to equitable 
remuneration for the lending of videograms by 
intermediary of pub lic libraries. 
 
RIGHT TO REMUNERATION FOR 
REPRODUCTIONS OF VIDEOGRAMS  
FOR PRIVATE OR OTHER PERSONAL USE 
Article 141 
A film produc er shall be entitled to equitable 
remuneration for any audio and visual reproduc tion 
of his videograms for private and other personal 
use, as referred to in Article 32, paragraph (1) of 
this Act. 
 
DURA TION OF RIGHTS 
Article 142 
The rights of film produc ers shall run for 50 years 
as from the date of  the first fixation of a videogram. 
If the videogram is lawfully published or lawfully 
communicated to the public during this period, the 
rights of the film produc er shall run for 50 years as 
from the date of the first such publication or the 
first such communication, wh ichever occurred 
earlier. 
 
 
 
Chapter 4 
RIGHT OF  BROADCASTING 
ORGANIZATIONS 
 
RIGHTS OF BROA DCASTING 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; November,  2017 28 Copyright and Related Rights Act 
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4. to distribute its fixed broadcasts, 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 p ursuant to the provisions of 
this Chapter. 
 
(3)   Disposit ion 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. 
 
 
DURA TION OF RIGHTS 
Article 144 
The rights of broadc asting organizations shall run 
for 50 years counting from the date of the first 
broadc ast irrespective of whet her it is by wire or 
wireless means . 
 
 
 
Chapter 5 
RIGHTS OF  PUBLISHE RS 
IN TH EIR EDITIONS 
 
RIGHT TO REMUNERATION FOR 
REPRODUCTION OF OWN WRITTEN 
EDITIONS FOR  
PRIVATE OR OTHER PERSONAL USE 
Article 145 
(1)    The publishers shall have their own right 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 
dispose d with. 
 
 
RIGHT IN THE FIRST EDITION 
OF UNRELEASED FREE WORKS 
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 from the 
date of the first lawful publication of  the 
work, or its communication to the public, 
and may be freely dispose d with. 
 
 
Chapter 6 
RIGHTS OF  PRODUCERS 
OF DATABASES 
 
DATABASE, PRODUCER OF 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 of  is contents requires a 
qualitativ ely 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)    Disposit ion with the right of the prod ucers 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 PROTECTION 
Article 148 
(1)    A   subject   matte r   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; November,  2017  29 Copyright and Related Rights Act 
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3. qualitativ ely     and/or     quantitatively 
insubstantial parts of the contents of a 
database, when these parts are used 
repeatedly and systemat ically, 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 produc er, 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 teaching or 
scientific research, pr ovided 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 
judicial proceedings. RIGHTS AND OBLIGATIONS 
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 legitimate 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 rig ht in respect of the works or 
subject matte r contained in that database. 
 
(4)    Contractual provisions, which are contrary to 
paragraphs (1), (2) and (3) of this Article 
shall be null and void. 
 
 
DURA TION OF RIGHTS 
Article 152 
Rights of a producer of a datab ase shall run for 15 
years as from the date of the completion of  the 
making of the datab ase. If the database is lawfully 
disclosed during this period, the rights shall run for 
15 years as from the  first such disclosure. 
 
DURA TION IN CASE OF 
SUBSTANTIAL CHANGE 
Article 153 
Any qualitative or quantitative substantial change 
of part of the contents of a database, which is a 
qualitative or quantitative substantially new 
investment in contents of  the databas e, 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 add itions, deletions and alternation of 
the database. 
 
 
  
 
  
 
 
 
*  The correct expression shall read: Article 152 of 
this Act November,  2017 30 Copyright and Related Rights Act 
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IV. MAN AGEMENT OF  RIGHTS 
 
ACTIVITY RELATED TO THE MANAGEMENT 
OF COPYRIGHT AND RELATED RIGHTS 
Article 154 
(1)    The  managemen t  of  copyright  or  related 
rights (hereinafter: managemen t of rights) 
shall  include  the  following  tasks,  in 
particular: 
 
•  giving authorizations for the use of the 
subject matte r of copyright and related 
rights (subject matte rs of protection), 
where this authorization is required by 
the Act; 
 
•  collecting of remunerations for the use of 
the subject matte r of protection, where 
used  subject  to  payment  o f 
remuneration; 
 
• distributing of collected remunerations 
among the right holders; 
 
•  supervising   the   use   of   the   subject 
matte rs of protection; 
 
• initiating and carrying out protection 
proceedings in the case of infringemen t 
of the rights having been managed; 
 
(2)    The managemen t 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 managemen t of rights that relates to an 
individual use of a particular subject matte r 
of   protection,   in   accordance   with   the 
relevant contract betwee n the right holder 
and the user of the subject matte r 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 managemen t 
of copyright and related rights, and an 
association referred to in Article 157 of this 
Act. 
 
(3)   A specialized legal person referred to in 
paragraph (2) shall be a company with at 
least one employee with a law degree. COLLECTIVE MANAGEMENT OF RIGHTS 
Article 156 
(1) Collective managemen t of rights may include 
the following: 
 
1. Rights of authors: 
 
a.   rig ht of public performance, right of 
public transmission, right of public 
communication of a fixed work, right 
of broadcasting, r ight of 
rebroadcasting, ri ght of public 
communication  of  a  broadcasting 
and right of making available to the 
public of non-stage musical and 
literary works; 
b. rig ht   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 
rebroadcasting 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; November,  2017  31 Copyright and Related Rights Act 
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g. rig ht  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. rig ht  to  a  remuneration  for 
broadcasting 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 producers: 
 
a.  right to a remuneration for public 
lending of a videogram; 
b. rig ht  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 private or other personal use. 
 
(2)  Th e   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 1 d), 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 org anization 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 MANAGEMENT 
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 granted 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 managemen t 
of rights as its only activity, unless its 
other engagemen ts relate to the cultural 
or art activities, and to the activities 
aiming at professional or social interests 
of its mem bers. 
 
(3)    The association shall manage the rights in 
its own name and for the account of the 
right holders. 
 
 
MANAGEMENT OF RIGHTS 
THROUGH THE ASSOCIATION 
Article 158 
(1)    A collective rights managemen t association 
may manage one, two or more types of 
rights that usually relate to a particular 
category of the holders of copyright or 
related rights. 
 
(2)    The association may entrust certain kind of 
tasks regarding the managemen t 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. November,  2017 32 Copyright and Related Rights Act 
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 (2) The collective rights management 
 association shall give to a user its 
  
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 
managemen t of their rights, and which has 
the  most  contracts  on  mutual 
representations with foreign associations, all 
in accordance with the professional 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 managemen t association 
shall inform a user, upon his request, of the 
right holders whose rights it does not 
manage based on the notification referred to 
in paragraph (2) of this Article. 
 
 
GRANTING OF AUTHORIZATION FOR USE 
Article 160 
(1)    A natural or a legal person shall, prior to 
starting to use a particular subject matte r of 
protection, submit to a relevant collective 
rights managemen t 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). 
 
 
 
authorization for the use of the subject 
matte r of protection for the managemen t 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 
managemen t association, without delay, the 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 matte rs of 
protection   in   such   space,   shall   check 
whether that person has the adequate 
authorization for the use of the subject 
matte r of protection. Where a natural or a 
legal person has allowed the use of her or 
its premises to a person having not such 
authorization, although knowing or having 
reasons to know that subject matte rs 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 matte r of protection. 
 
 
COLLECTING OF INFORMATION 
Article 161 
In case of insufficient information on or an 
unau thorized us e of the subject matter of 
protection, the competent state administration 
bodies or other  legal persons, shall submit to the 
collective rights managem ent asso ciations at their 
reques t the information from their own records that 
relate to the managem ent of rights under this Act. 
 
REMUNERATION FOR THE USE 
OF SUBJECT MATTERS OF PROTECTION 
Article 162 
(1)    A remuneration for the use of the subject 
matte r of protection shall be regulated by a 
contract betwee n a  collective rights 
managemen t association and a user of the 
subject matte r of protection, or between  a 
collective managemen t association and an 
association of users or their cham ber. 
 
(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 rig hts 
managemen t 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 November,  2017  33 Copyright and Related Rights Act 
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majority of users of subject matte rs 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 propos ed tariffs. 
 
(5)    If     a     collective    rights    managemen t 
association doe s 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 matte r of 
disagreemen t. 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 matte r of protection 
are not approved. 
 
(7)    The  opinion  of  the  Council  of  Experts 
referred to in paragraph (5) of this Article 
shall contain its evaluation of whether the 
tariffs relate to the rights for managemen t 
of which a collective rights managemen t 
association has the authorization gr anted by 
the Office, and whether the remuneration 
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 propos ed 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 betwee n the broadcasting 
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 broadcasting 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 agreemen t. The Council of Experts shall 
be authorized to submit propos als to the 
parties concerning the regulation of their 
mutual relations. The propos als sh all 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 propos al, it shall be 
considered that both parties accept such 
propos al, 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 propos al 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 achievemen t of 
objectives of the Council of Experts owing to 
their prior accomplishments and expertise in 
issues related to the implementation of 
copyright and related rights. 
 
(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 
appropri ate structure of the Council of 
Experts, he may repeat the election 
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(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 matte r 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 
matte r 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 ESTABLISHING THE 
AMOUN T OF REMUNERATION 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 the subject matte r 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 remunerations 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 
managemen t 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 pl aces, transport means and 
certain catering objects) 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   matte r   of 
protection 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 REMUNERATIONS 
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 
managemen t association complete 
information concerning the place and time 
of the use of a particular subject matte r 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 exist, a user 
shall submit such information to a collective 
rights managemen t 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 THE 
DISTRIBUTION OF REMUNERATIONS 
Article 167 
(1)    A collective rights managemen t association 
shall have rules relating to the dist ribution of 
collected remunerations adopted by a body 
established  by  the  statute  of  that 
association. 
 
(2)   The  rules  shall  contain  in  particular 
provisions concerning: November,  2017  35 Copyright and Related Rights Act 
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• subject matte r 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 matte rs 
of protection of a particular value for 
culture and national creativity; 
 
•  determination  of  amounts  to  be  paid 
after the deduction of cost incurre d 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  managemen t 
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 betwee n 
the right holders of the same work shall 
override the rules of distribution. 
 
(5)  Total  costs  of  a  collective  rig hts 
managemen t 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 stateme nt of account 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 
stateme nt 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 OF THE 
SUBJECT MATTER OF PROTECTION 
Article 168 
(1)    A collective rights managemen t 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 managemen t 
association with information relevant for the managemen t  of  rights,  and  enable  the 
inspection of relevant documents. 
 
(3)   At  a  request  of  a  collective  rig hts 
managemen t association, the state 
administration bodi es responsible for 
inspections, and the  customs services, as 
well  as,  competent  poli ce  administrations 
and police statio ns shall provide assista nce 
to the collective rights managemen t 
association in exercising supervision referred 
to in paragraph (1). 
 
(4)    At a request of an author, or a collective 
rights managemen t association the 
competent police administration or a police 
station  shall prohibit a performance at which 
subject matte rs of protection are used, if its 
organizer does not have the authorization of 
the author, that is, of a collective rights 
managemen t association. 
 
 
ACTIVITIES OF THE OFFICE WITH REGARD 
TO THE COLLECTIVE MANAGEMENT 
OF RIGHTS 
Article 169 
(1)    The Office shall grant authorizations to the 
collective rights managemen t 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 pro visions of this Act. 
In such case, prior notice in writing shall be 
given to the collective rights managemen t 
association  by  the  Office,  and  the  Office 
shall set a time lim it of 30 days for the 
collective rights management association to 
eliminate the found irregularities. 
 
(5)    A decision on the grant of the authorization 
for collective managemen t, and a decision of 
revocation of such authorization s hall be 
published  in  the  Official  Gazette  of  the 
Office. The revocation of the authorization 
referred to in paragraph (4) of this Article 
shall take effect on the 30th day following 
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(6)    The Office conducts inspection of the work 
of the collective rig hts managemen t 
associations. 
 
 
INSPECTION AUTHORIZATIONS 
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 pr ocedure 
(hereinafter: the inspector) shall be 
authorized to require insight in the 
documents and business records regarding 
the collective managemen t of rights. 
 
(2)    If during the inspection the inspector finds 
that a collective rig hts managemen t 
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 request for the 
initiation of a misdemeanour pro cedure 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  matte r,  the 
inspector may file a request for the 
misdemea nour 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 s hall inform the state 
administration office, keeping the entry 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 OFFICE 
Article 171 
The  Office  shall  perform  professional,  technical 
and administrative a ctivities related to the 
establishment an d operation of the Council of 
Experts Dealing with Remunerations for Copyright 
or Related Rights, and other activities within its 
competenc e in this field. V. PROTECTION OF  RIGHTS IN 
THE CASE OF THE INFRINGEMENT 
 
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 pro vided by law, return 
of all the benefits acquired unjustly by 
infringemen ts of rights (return of unjustly 
acquired benefits), establishment of the 
committed infringemen t 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 protection 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 several 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 likelihood 
of infringement of such rights. 
 
(7)    Creations resulting from the infringemen t 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. November,  2017  37 Copyright and Related Rights Act 
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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 be joint and several. 
 
 
PROTECTION OF RIGHTS MANAGED 
COLLECTIVELY AND EVIDENCE 
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 
proceedings  for  the  protection  of  such 
rights, under this Act, which they have been 
granted  authorization  to  manage 
collectively. 
 
(2)   Where the collective rights managemen t 
association p roves an infringemen t of the 
rights which, under this Act, it is authorized 
to manage collectively, the infringemen t of 
the  rights  of  individual  rig ht  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 
infringemen t  of  such  rights,  unless 
otherwise specially provided by this Act. 
 
(2)  The   circumvention   o f   technological 
measures shall also mean, under this Act, 
manufacture, import, distribution, sale, 
rental, advertisemen t for sale or rental, or 
possession   for   commer cial   purposes   of technology, computer programs, devices, 
products or components, or the provision of 
services which: 
 
•  are pro moted, advertised or marketed for 
the purpose of circumvention of 
technological measures, 
 
• have  only  a  limited  commer cially 
significant purpose or use other than to 
circumvent technological measures, 
 
• are  primarily  designed,  produced, 
adapted or performed for the purpose of 
enabling or facilitatin g 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 sh all mean any technology, 
computer progr am, 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  rig ht  holder under this 
Act. The technological measures shall be 
considered effective where the use of 
copyright  works   or   subject   matte rs   of 
related  rights  is  restricted  by  the  right 
holders  under  this  Act  through  t he 
application of an access control or a 
protection p rocess, such as encryption, 
scrambling or other alteration of the work or 
other subject matte r or a copy control 
mecha nism, 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 under this Act, 
shall be also infringed by a person who 
knowingly, without authority, removes or 
alters any electronic right-managemen t 
information, produces, distributes, imports 
for the purpose of putting them on the 
market,  broadcasts,  communicates  to  the November,  2017 38 Copyright and Related Rights Act 
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public or makes available to the public a 
copyright work and subject matte r of related 
rights from which the electronic rig ht- 
managemen t 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 
infringemen ts of the rights under this Act. 
 
(2)    Right-managemen t information, under this 
Act, shall mean, any information provided by 
the  right  holders  identifying  a  copyright 
work or a subject matte r 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 matte r 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 
infringemen ts. 
 
(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 DAMAG ES 
Article 178 
If the infringem ent of  any rights under  this Act 
resulted with damages , the right holder is entitled 
to claim compens ation for damages , in accordanc e 
with the general rules on compens ation for 
damages . 
 
CLAIM FOR COMPENSATION FOR 
UNAUTHORIZED USE AND CLAIM FOR 
BENEFITS ACQUIRED BY UNAUTHORIZ ED 
USE 
Article 179 
(1)    If  the  unauthorized  use  of  a  work  or  a 
subject matte r of related rights has infringed 
the right of a right holder under this Act, the 
right holder or a collective rig hts 
managemen t association managing 
respective  rights  may  claim  remuneration which is usually ob tained for such use or 
remuneration pr escribed 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 matte r of related rights are 
used without a contract or without the 
authorization of  a collective rights 
managemen t  association  or  where  a 
contract or an authorization are not valid. 
 
(3)    If the unlawfu l 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 PUBLICATION OF 
COURT DECISI ON 
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 w ith the 
claim for the protection of  such right, be published 
in  public  media  at  the  infringer's  expens e.  T he 
court  shall,  at  the  plaintiff's  propos al,  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 DESTRUCTION, ALTERATION OR 
DELIVERY OF COPIES RESULTING 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 copies 
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. November,  2017  39 Copyright and Related Rights Act 
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(3)    The provisions of paragraphs (1) and (2) of 
this Article shall apply to architectural works 
only where there is a specially justified 
reason   for   the   destruction   or   delivery 
thereof. 
 
(4)    If the measures referred to in paragraphs 
(1),  (2)  and  (3)  of  this  Article  are  in  a 
certain case dispro portional with the nature 
and intensity of the infringemen t, and the 
infringemen t 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  rig hts 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 infringemen t of the rights under this Act, 
unless it concerns the objects, which are 
exclusively  or  predominantly  intended  for 
the infringemen t 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 
INDIC ATION OF THE AUTHOR 
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 performance, or is indicated 
incorrectly or insufficiently, may claim from 
persons using the work or performance, to 
indicate them subsequently and correctly as 
the author or the performer. 
 
(2)    The  provisions of  the  previous paragraph 
shall  apply  mutatis mutandis where, 
contrary to the prohibition, the author or the 
performer is indicated with the use of the 
work or with the use of the performance. 
 
(3)    The author or the performer shall not be 
entitled to claims referred to in this Article, if 
the work or the performance is used with 
their 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 been 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 referred to in paragraph 
(1) of this Article, the right holder has a 
right to claim the difference to full actual 
damages. 
 
 
STATUTE OF LIMITATIONS 
Article 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. November,  2017 40 Copyright and Related Rights Act 
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PROVISIONAL MEASURES 
Article 185 
(1)    At a propos al 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 particular: 
 
• provisional seizure or exclusion from 
circulation of objects or means infringing 
such rights or serving for the 
infringemen t, or resulting from the 
infringemen t, or of objects and means 
that may serve as evidence of  the 
committed infringemen t 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 propos ed provisional 
measure, if the other party, at the invitation 
by the court, and upon the propos al 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 Article, the 
court  shall  order  such  measures  without 
prior notification of the other party (inaudita 
altera parte). 
 
(4)  The  corresponding  pr ovisions  of  the 
Execution Act shall be applied to any matte r 
concerning the ordering of provisional 
measures, not regulated by this Act. 
 
 
CUSTOMS MEASURES 
Article 186 
On a reques t of the right holder of a copyright or  a 
related right or of a collective rights manage ment 
association un der 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 author ities shall take appropriate 
measures in accordanc e 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  infringemen t  of  a 
right under this Act, shall, at a request of a 
right holder or a collective rig hts 
managemen t association, provide without 
delay any information and evidence related 
to the committed infringemen t, 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 address of manufacturers, 
suppliers or previous owners of such copies, 
and information on  the amount of such 
reproduced, dis tributed, 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 proceeding 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 
lawfu l 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 d evice or system for 
decoding such signal, if he knows or has 
reasonable gro unds 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  commitmen t  of  the  criminal  act 
referred to in paragraph (1) of this Article 
has resulted in a substantial financial gain or 
has caused a substantial damage, and the 
perpetrator  has  acted  with  the  aim  of Copyright and Related Rights Act 
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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  gro unds  to  know  that 
such  signal  is  decoded  w ithout 
authorization, shall be punished by a fine. 
 
(4)    If  the  commitmen t  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 
commitmen t of the criminal act or resulting 
from the commitmen t of the criminal act 
referred to in paragraphs (1) and (2) of this 
Article shall be seized and destroyed. 
 
 
2. Misdemeanours 
 
INFRINGEMENT OF COPYRIGHT 
AND RELATED RIGHTS Article 
189 
(1)   Any legal entity shall be punished for a 
misdemea nour 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 re veals 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 that 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 would 
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 managemen t association 
reproduces, dis tributes, 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 commer cial 
purposes a copy of a computer progr am, 
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  un authorized 
removal or circumvention of a technical 
device for the protection of a computer 
progr am (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 such 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’ righ ts 
managemen t association fixes its unfixed 
performances, reprodu ces, distributes, 
stores or undertakes other acts for the 
purpose  of distribution rents, publicly 
transmits performer's unfixed 
performances, publicly communicates by 
phonograms or videograms, p ublicly 
presents, broa dcasts 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’ rig hts managemen t 
association  r eproduces,  distributes, 
stores or undertakes other acts for the 
purpose  of distribution, rents, makes 
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, Copyright and Related Rights Act 
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distributes, stores or undertakes other 
acts  for  the  purpose  of  distribution, 
rents, publicly presents, makes available 
to the public or otherwise unlawfu lly 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  a gainst  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,  p uts  into 
circulation, dis tributes, rents, makes 
available to the public, installs or adapts 
a device or a system for decoding of 
encrypted satellite signal, or receives an 
unlawfully d ecoded 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, dis tributes, rents, 
makes available to the public, 
communicates to the public or otherwise 
unlawfully  uses  his  databases  (Article 
149), 
 
12. circumvents the technological measures 
for  the   protection  of  copyright  and 
related rights (Article 175), 
 
13. r emoves or alters the electronic right- 
managemen t information on copyright 
and related rights (Article 176). 
 
(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   2,000.00   up   to 
10,000.00. 
 
(3)    A natural person, including a craftsman or a 
single trader shall be punished for the 
misdemea nours 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 misdemea nours referred to in paragraph 
(1) of this Article sh all be seized and 
destroyed, and the objects intended for or 
used in the commitmen t of misdemea nours 
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 
misdemea nours referred to in paragraph (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 
misdemea nour is especially serious, owing 
to the manner of commitment, its 
consequences, repeated commitmen t or 
other circumstances of the committed 
misdemea nour which make it particularly 
severe. 
 
 
FAILURE TO PROVIDE INFORMA TION TO 
A COLLECTIVE RIGHTS MANAGEMENT 
ASSOCIATION 
Article 190 
(1)    Any legal person which does not submit to 
the collective rights managemen t 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 
misdemea nour 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 
misdemea nours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 
1,000.00 up to 5,000.00. 
 
 
UNAUTHORIZED COLLECTIVE 
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  managemen t  of Copyright and Related Rights Act 
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rights,  shall  be  punished  for  a 
misdemea nour 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   1,000.00   up   to 
5,000.00. 
 
 
MISDEMEANORS COMMITTED 
FOR ECONOMIC BENEFIT 
Article 192 
(1)  If  any  legal  person  commits  the 
misdemea nours 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 misdemea nours 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 
misdemea nours referred to in paragraph (1) 
of this Article by a fine amounting from HRK 
4,000.00 up to 10,000.00. 
 
 
STATUTE OF LIMITATIONS 
Article 193 
The procedures regarding misdemeanour s und er 
this Act may not  be initiated after the expiration of 
three years as from the commitment of 
misdemeanours , and pronounced sentences 
regarding misdemeanour s may not be executed 
after the expiration of two years following the day 
on which the decision on the misdemeanour s 
becomes valid. 
 
VII. SCOPE OF THIS ACT 
 
IN GENERAL 
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 agreemen ts 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  matte r  of 
related rig hts - 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 Republic of Croatia than it 
has in the state of which he is a national or 
in which he has its principal pla ce of 
business, if the persons referred to in 
paragraph (1)  of  this  Article have  in  the 
state of the foreign p erson less extensive 
protection than they have 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. Copyright and Related Rights Act 
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 (2) Within the scope of application of 
 international treaties,  the terms of 
  
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 protection, 
pursuant to Article 194, paragraph (4) of this Act, 
shall be enjoyed by foreign producers of 
phon ograms and film produc ers if the first fixation 
of their phonogram or videogram occurred in the 
Repu blic of Croatia. 
 
BROA DCASTING ORGANIZATIONS 
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 br oadc asting 
organizations  t hat  transmit  their  broadcasts 
through transmitters located in the territory of the 
Repu blic 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. 
 
 
 
protection under this Act shall 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 pla ce of 
business, and shall not exceed the terms 
provided by this Act. 
 
 
SPECIAL PROVISIONS CONCERNING 
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 matte r of related rig hts has been 
communicated to the public by satellite, 
when, under the control and responsibility of 
a broadcasting organization, the relevant 
progr am-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 
progr am-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 the 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 APPLICATION OF THE 
ACT TO THE RIGHTS EXISTING BEFORE 
ITS ENTRY INTO FORC E 
Article 202 
(1)    This Act shall apply to all copyright works, 
performances  and  broadcasts  of 
broadcasting org anizations 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 lawfu l publication 
or lawfu l 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 matte r of 
related rights, which have been first fixed or 
lawfu lly published after the entry into force 
of this Act. Copyright and Related Rights Act 
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(4)    This Act shall apply to databases, as subject 
matte r of related rig hts, 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 managemen t 
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 framew ork 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 not 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 rights 
managemen t 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 DATABASES 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 enter ed 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 the 
provisions being in force up to the date of entry 
into force of thi s Act. SUBORDINATE LEGISLATION 
Article 205 
(1)    The Minister shall enact: 
 
1. Regulations on P rofessional Criteria 
and Procedure of  Granting 
Authorizations for Collective 
Managemen t of Rig hts, referred to in 
Article 169 paragraph (2) of this Act; 
 
2. Regulations on R emune rations for 
Operation o f 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 the 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 paragraph (1) of 
this Article, in line with the prior opinion of 
the Office. 
 
 
OBLIGATION OF FURNISHING A GENERAL 
STATEMENT OF ACCOUNT 
Article 206 
Collective rights manage ment asso ciations 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 thi s Act. 
 
CEASE OF THE VALIDITY 
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. Copyright and Related Rights Act 
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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. Copyright and Related Rights Act 
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THE ACT ON AMENDMENTS TO 
THE COPYRIGHT  AND RE LATED 
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 econom ic rights of the 
author, the right to remuneration for reproduc tion 
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, exc eptions 
and limitations of copyright, the  beginning of the 
terms of protection and the effects of expiration of 
the terms of 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 thei r legal nature.” 
 
 
Article 2 
In  Article  8,  paragraph  (2),  item  1,  the  word 
“standar ds” is deleted. 
In paragraph (3), the second sentence is amended 
to read: 
“The  remuneration  s hall  be  used  for  the 
stimulation of  the respective artistic and cultural 
creativity of predom inantly non-commercial natur e 
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 C reating the European 
Econom ic 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, with 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, wher e 
his work is without his authorization reproduced for private or other personal use, the application of 
technological p rotection 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 sentenc e is added to 
read: 
“In the case of  d oubt, 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 English 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 autho rs or other persons, respectively, 
who applied technological pr otection measures to 
prevent access to a copyright wor k 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  limitation 
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: Copyright and Related Rights Act 
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“(3) Notwithstanding 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 an d 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 wor k 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  accordanc e  w ith  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  a nd  distinctly  the  application  of 
technological measures on every copy of the 
copyright work produc ed or  imported for 
commercial pur poses, including information on the 
technological measure and its effects, as well as 
her/his name and address for contac t.” 
 
 
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 mutandi s to computer  programs.” 
 
 
Article 11 
In  Article  128,  paragraph  (1),  Article  136  and 
Article 141, the Croatian wor d translated as 
“equitable” is replaced by another Croatian word 
translated as “appropriate”. 
 
 
Article 12 
In Article 143, paragraph (2) the Croatian wor d 
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 Counci l of Experts shall also carry out the 
mediation   in   respect   of   conclusions   of   the 
contracts on cable retransmission bet ween the 
broadc asting or ganizations and cable operators , 
and the mediation in respect of the provision of the 
access to a copyright wor k 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 wor k 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 
possi bility to remove them.” 
In paragraph (2) the Croatian words translated as 
“cable retransmission” a re replaced by other 
Croatian words with no relevance to the English 
translation. 
After paragraph (3), paragraph (4) is inserted to 
read: 
“(4) The provisions of paragraphs (2) and (3) of 
this Article shall apply mutatis mutandi s to the 
mediation referred to in par agraph (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 expens es of an association 
shall also include the financial means  spent on the 
improvement of  the system of manage ment an d 
protection of  copyright and related rights. Beside 
such established ex penses, 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 Copyright and Related Rights Act 
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well as on other  measures ai med at raising the 
awareness of the value of copyright and related 
rights.” 
 
 
Article 17 
After Article 167, a heading and Article 167a are 
adde d to read: 
“STIMULA TION  OF  CRE ATIVITY  AND 
CULTURA L DIVERSITY 
Article 167a 
(1) A collective manage ment asso ciation 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 predom inantly non- 
commercial natu re 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   expens es 
referred to in Article 167 paragraph (5) of thi s Act. 
(2) The association shall also allocate the total 
amount of collected remunerations, which have not 
been  distributed dur ing a period of 5 years due to 
justified impossi bility to establish the right holders 
or the subject matters of protection, to the fund 
referred to in paragraph (1) of thi s 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 reproduc tion 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 thi s Article. 
(4)  A  collective  body  of  the  association, 
established by the statute of the association shall 
decide on the distribution of  financ ial 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  financi al 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 
predom inantly non-commercial natur e and cultural 
diversity in the respective artistic and cultural field.” 
 
 
Article 18 
In Article 181 paragraph (4), in the first senten ce, 
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 amende d 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 infringem ent, and 
in particular: 
- order the oppos ing par ty 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 econom ic benef it, 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 infringem ent, 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 
oppos ing party or other  relevant persons disposing 
with it, the communication of the bank ing, financ ial 
and other econom ic information, or the access to 
other  relevant information and documents. The 
court shall ensure the protection of confidentiality 
of such information, and prohibit any misuse 
thereof. 
(4) The provisional measure referred to in 
paragraph  (1)  of  this  Article  may  be  ordered 
without informing the opposing party thereof, if the 
applicant for measures makes it likely that 
other wise the provisional measure would not be 
effective, or that irrepar able dam age 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 
other wise the provisional measure would not be 
effective, or that, taking into consideration a very 
serious circumstances of the infringement, t his 
would be necessary. If a provisional measure is Copyright and Related Rights Act 
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ordered without informing the opposing party 
thereof, the court shall communi cate 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 da ys and not 
more than 31 calendar da ys, from the 
communication of  the decis ion 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 pur suant 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 descr iption 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 us ed in 
the production and distribution of  the goods made 
likely to infringe a right under  this Act and the 
documentat ion relating thereto. 
(3) The provisional measure referred to in this 
Article may be ordered even without informing the 
oppos ing party thereof, if the applic ant for 
measures makes it likely that there is a risk of 
evidence being destroyed or irrepar able damage of 
incurring. If a provisional measure is ordered 
without informing the opposing party thereof, the 
court shall communicate a decision on the 
provisional  m easure  to  the  opposi ng  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 communi cation 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 poss ibility of the court to order 
provisional measures comprising the preservation 
of evidence pursuant to the provisions of the Act 
on Civil Proceedings. 
TAKING  OF  EVID ENCE  IN  THE  COURS E  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 
oppos ing party to present such evidenc e within a 
specified time limit. 
(2) Where the right holder under this Act as a 
plaintiff  in  a  legal  action  c laims  that  the 
infringem ent of the right conferred under this Act 
has been committed on a commercial scale for the 
purpose of acquiring comme rcial or  econom ic 
benef it, and has made it likely during the 
proceedings, and where he invokes in the 
proceedings, bank ing, financial or similar economic 
documents, paper s or the like evidence, claiming 
that they lie with the opposing party or under its 
control, the court shall invite the opposing par ty to 
present such evidence within a specified time limit. 
(3) Where the party, which is invited to present 
evidence, de nies 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 mutandi s to the 
right of the party to refuse to present evidenc e. 
(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 PROCEEDINGS AND 
APPLICATION OF THE PROVISIONS OF OTHER 
ACTS Copyright and Related Rights Act 
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Article 185c 
(1) A procedure concerning the infringem ent 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 infringem ent of  the 
rights conferred under this Act.” 
 
 
Article 21 
The  headi ng  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 infringem ent 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 econom ic 
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 defenda nt 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 
produc ers,  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 evidenc e as a 
witness pursuant to the provisions of  the Act on 
Civil Proceedings. If the person concerned refuses 
to provide information w ithout justified reasons, 
she/he shall be responsible for the damage 
incurred, purs uant 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 
respons ibility for misuse of the right to acquire 
information, and the provisions regulating the 
processing and protection of pers onal data. 
(7) The provisions of  this Article shall be without 
prejudice  to  the  provisions  of  Articles185a  and 
185b  of thi s 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 natur al 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 
adde d 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: Copyright and Related Rights Act 
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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, produc ed or 
imported for comme rcial pur poses (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 natur al 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 natur al 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 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.” 
 
 
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 natur al 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 
adde d to read: 
“INJURE D PARTY 
Article 192a 
An injured party in the criminal a nd misdemeanor 
procedures shall be a person who is the holder of 
the infringed right, as well as a collective 
managem ent asso ciation, wher e the rights 
collectively manag ed 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 wor d 
translated as  “persons” is replaced by the Croatian 
word translated as “a pers on”. 
 
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 Counci l of Experts” are 
deleted. 
 
 
 
FINAL AND TRANSITIONAL PROVISIONS 
 
Article 31 
The procedures concerning the protection of 
copyright and related rights against infringem ent, 
pend ing on the date of the entry into force of this 
Act, shall be completed pursuant to the provisions, 
which were in force before the entry into force of 
this Act. Copyright and Related Rights Act 
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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 accept ance of the Republic of Croatia 
into the full membership of the European Union. ACT ON  AMENDM ENT TO  THE 
COPYRIGHT  AND RE LATED 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” ar e 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. Copyright and Related Rights Act 
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ACT 
ON AMENDMENTS TO THE 
COPYRIGHT  AND RE LATED RIGHTS 
ACT*** 
 
Article 1 
In the Copyright and Related Rights Act (“Official 
Gazette”  No.  167/03,  79/07,  80/11  and  125/11) 
after Article 1, headings above Articles and Articles 
1a and 1b are added to read: 
 
“TRANSPO SITION OF THE EUROPEAN UNION 
ACQUIS COMMUN AUTAIRE 
 
Article 1a 
The provisions of this Act shall be in accordanc e 
with: 
 
- Counc il Directive 91/250/EEC of 14 May 1991 on 
the legal protection of computer  programs (OJ L 
122, 17/5/1991), 
 
- Counci l 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), 
 
-  Counci l Directive 93/83/EEC of  27  September 
1993  on coordination of  certain rules concerning 
copyright and rights related to copyright applicable 
to satellite broadc asting and cable retransmission 
(OJ L 248, 6/10/1993), 
 
- Counc il 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 Marc h 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 Counc il 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/E C    of    the    European 
Parliament and  of  the  Counci l of  12  December 
2006  on services in the internal market (OJ L 376, 
27/12/2006), 
 
-    Directive    2006/116/E C    of    the    European 
Parliament and  of  the  Counci l of  12  December 
2006  on the term of protection of copyright and 
certain related rights (OJ L 372, 27/12/2006), 
 
- Directive 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. 
 
GENDE R NEUTRALITY OF EXPRESSIONS 
 
Article 1b 
The expressions us ed in this Act, having a gender 
meaning, irrespective of whet her 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 
“produc er”, the  comma and the words “or to any 
other  person” are deleted. 
 
Article 3 
After Article 100, a  heading above Article 100a and 
Article 100a are added to read: 
 
“DURA TION OF COPYRIGHT FOR A MUSICAL 
WORK WITH WORDS  
 
Article 100a 
As regards a musical wo rk 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 wo rk with words. If the music or the text, 
respectively, has not been created specifically for 
the use in such musical work with words, the 
gener al rules on the duration of copyright shall 
apply.”. 
 
Article 4 
Article 131 is amended to read: 
 
“(1) The econom ic rights of a performer shall run 
for 50 years as from the performance. Copyright and Related Rights Act 
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(2) If, within the period referred to in paragraph (1) 
of this Article, the performance fixed in a 
phon ogram 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 phono grams shall 
run for 70 years as from the first fixation of  a 
phon ogram. If, within this period, the phonogram is 
lawfully published, the rights shall run for 70 years 
as from the first such public ation. If, within this 
period, the phonogram is not lawfully published, 
but is lawfully communicated to the public, the 
rights shall run for 70 years as from the first such 
communication to the public. 
(2) The terms of protection of  the rights of 
phon ogram produc ers 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 PRODUC ERS 
 
 
 
TERMIN ATION OF A CONTRACT BETWEEN A 
PERFORMER AND A PHONOGR AM PRODUCER 
 
Article 137a 
(1) If, 50 years after the phono gram was lawfully 
published, or failing such publication, respectively, 
50 years after it was lawfully communicated to the 
public, the phonogram produc er 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 produc er was granted the right of exploitation of 
the performance fixed on a phon ogram. 
(2) Prior to the termination of the contract referred 
to in paragraph (1) of this Article, the performer 
shall notify the phonogram produc er that he shall 
offer copies of the phon ogram for sale in the 
quan tity 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 thi s 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 
accordanc e with the provision of  Article 123 of this 
Act. 
(5) If the performer ter minated  the contract on the 
grant of the right of exploitation of a performance 
fixed on a phonogram in accordanc e w ith 
paragraph (1) of this Article, the rights of the 
phon ogram  produc er  in   this   phonogram  shall 
expire upon the expiration of  50 years from the 
lawful publication of the phonogr am or, failing such 
publication, 50 years from its lawful communication 
to the public. 
 
 
ANNU AL SUPPLEMENTARY REMUNERATION 
OF A PERFORMER 
 
Article 137b 
(1) If, according to the contract between  a 
performer and a phono gram produc er, which was 
concluded for the whole term of protection of the 
performer’s rights and by which the phonogram 
produc er 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 
supplementar y remuneration. The phonogram 
produc er shall pay to the performer an annu al 
supplementar y  remuneration  for  each  full  year 
following the 50th year after the phonogram was 
lawfully published or, failing such publication, the 
50th year after it was lawfully communicated to the 
public, respectively. 
(2) The performer may not waive the right to obtain 
the annual supplementar y remuneration referred to 
in paragraph (1) of this Article. 
(3) The annual supplementar y remuneration, 
according to this Act, shall amount to 20% of the 
revenue which the phonogram produc er has 
derived from the reproduction, distribution and 
making available to the public of the phonogram 
containing   the   performance   of   the   performer Copyright and Related Rights Act 
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referred to in paragraph (1) of this Article. The 
annu al supplementar y remuneration shall be 
calculated on the basis of the revenue derived by 
the phonogram produc er in the year proceeding 
the year for which it is due. 
(4) The obligation to pay the annual supplementar y 
remuneration, according to this Act, shall arise in 
the  year  f ollowing the  50th   year  af ter  the 
phon ogram was lawfully published or, failing such 
publication, the 50th  year after it was lawfully 
communicated to the public. 
(5) The phon ogram produc er shall, according to 
this Act, give to the performer who is entitled to 
obtain  the  annual  supplementar y  remuneration, 
and to the person authorized by him as well as to 
the association managi ng the right to the annual 
supplementar y 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 phono gram produc er, which was 
concluded for the whole term of protection of the 
performer’s rights and by which the phonogram 
produc er was granted the right of exploitation of 
the performance fixed in a phonogram, the 
performer has ac quired a right to obtain a recurring 
remuneration, neither possi bly earlier paid 
advances nor any possible ot her deductions 
defined by such a contract shall be deduc ted 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 from the lawful publication of a phonogram 
or, failing such publication, 50 years from its lawful 
communication to the public. 
(4) If a performer and a phonogr am produc er 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 
produc er 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 phon ogram 
produc er on the grant of the right of exploitation of 
a performance fixed in a phon ogram, concluded 
before 1 November 2013 shall produc e its effects 
up to the expiration of the term of protection of  the 
performer referred to in Article 131 of this Act, 
unless other wise 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 add ed to read: 
 
“i. right of rebroadcasting of aud iovisual 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 supplementar y remuneration 
referred to in Article 137b of this Act.”. 
 
Paragraph (2) is amended to read: 
 
“(2)The right of broadc asting and rebroadcasting 
referred to in paragraph (1) items 1a) and 2c), the 
right of rebroadcasting referred to in paragraph (1) 
item  1i),  the  right  to  a  remuneration  for 
broadc asting 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 reproduc tion 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 
managem ent association.”. 
 
 
Article 8 
In Article 164 paragraph (1), the words: ”the 
Government of  the Republic of Croatia, on the 
propos al  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”. Copyright and Related Rights Act 
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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 t he 
election procedure.”. 
In paragraph (7), after the word “shall be 
prescribed” the words “by the Regulations” are 
adde d. 
 
Article 9 
The name of Title VI reading: “VI. PENAL 
PROVISIONS” is amended to read: “VI. 
MISDEMEANOUR PROVISIONS”. 
 
The names of Chapter s reading: “1. Criminal acts” 
and “2. Misdemeanours ” are deleted. 
 
Article 10 
In Article 189 paragraph (1) item 2 is amended to 
read: 
 
“2. without the authorization of the author, or other 
copyright holder, or a collective rights managem ent 
association reproduc es a  copyright work  (Article 
19),”. 
 
After item 2, new items 3, 4, 5, 6, 7 and 8 are 
adde d to read: 
 
“3. without the authorization of the author, or other 
copyright holder, or a collective rights managem ent 
association  di stributes  or  rents  stores  or 
unde rtakes  other  acts  for  the  purpose  of 
distribution of a copyright work (Article 20), 
4. without the authorization of  the author , or other 
copyright holder, or a collective rights managem ent 
association communicates to the public a copyright 
work in any manner  what soever (Articles 22 to 26, 
Article 27 par agraph (1), Articles 28 to 30) , 
5. without the authorization of  the author , or other 
copyright holder, or a collective rights managem ent 
association alters a copyright work (Article 31), 
6. without the authorization of  the author , or other 
copyright holder, or a collective rights managem ent 
association fails to pay a remuneration for the 
reproduc tion  of  a  copyright  work  for  private  or 
other  personal use, wher e he shall do so acc ording 
to the law (Article 32), 
7. without the authorization of  the author , or other 
copyright holder, or a collective rights managem ent 
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 managem ent 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 bec ome items 15 to 18. 
 
Paragraph (5) is amended to read: 
“(5) The objects and  means intended for or used in 
the commitment of a misdemeanour or  resulting 
from the commitment the reof shall be seized in 
accordanc e 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 add ed. 
 
Article 12 
In Article 191 paragraph (1) after the word 
“author ization” the words: “(Article 157 paragraphs 
(1) and (2)) are added”. 
 
Article 13 
The head ing ab ove 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 Mem ber 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 musical works with words performed 
before 1 November 201 3. 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 
phon ograms in which the right of a performer, or 
the right of a phonogram pr oduc er, respectively, 
was  protected  in  the  Republic  of  Croatia  on  1 
November 2013,  as well as to performances and 
phon ograms 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”. Copyright and Related Rights Act 
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ACT 
ON AMENDMENTS TO THE 
COPYRIGHT  AND RE LATED RIGHTS 
ACT**** 
 
Article 1 
In the Copyright and Related rights Act („Official 
Gazette” 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 
Repu blic of Croatia: 
 
-  Counci l Directive 93/83/EEC of  27  September 
1993  on coordination of  certain rules concerning 
copyright and rights related to copyright applicable 
to satellite broadc asting and cable retransmission 
(OJ L 248, 6/10/1993), 
 
-  Directive 96/9/ EC of  the  European Parliament 
and of the Council of 11 Marc h 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 Counc il 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/E C    of    the    European 
Parliament and  of  the  Counci l of  12  December 
2006  on services in the internal market (OJ L 376, 
27/12/2006), 
 
-    Directive    2006/115/E C    of    the    European 
Parliament and  of  the  Counci l 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/E C    of    the    European 
Parliament and  of  the  Counci l 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 
“except ions and limitations of copyright,”, the 
words “orphan works and diligent search,” are 
adde d. 
 
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-author s 
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-author s 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 reproduc tion and making available to the 
public of such work in the manner  as descr ibed 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 publis hed in the form of books, journals, 
newspapers,  m agazines  or  other  writings 
contained in the collections of public ly 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; Copyright and Related Rights Act 
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- cinematogr aphic or  other audiovisual works 
contained in the collections of public ly 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 
 
- cinematogr aphic or  other audiovisual works 
produc ed by public-service b roadcasting 
organizations up  to  and  including 31  December 
2002  and contained in the ir archives; 
which are protected by copyright and which are 
first publis hed in the Republic of Croatia or, in the 
absence of publication, first broadc ast in the 
Repu blic 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 
broadc ast, but which have other wise 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 
broadc asting or ganizations established in the 
Repu blic  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 thi s Act. 
 
(5) Paragraphs (1) and (2) of this Article shall also 
apply to works that are embedd ed 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 which, 
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 U nion 
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 mutandi s 
to co-authors’ works in respect of which it was 
established in another  Mem ber State of the 
European Union that they have an orphan work 
status, because not all of the co-authors are 
identified or located, but only in relation to their co- 
authors’ shares. 
 
(8) Article 12 of this Act regulating the presumption 
of authors hip and exercise of copyright where the 
author   is   anon ymous   (including   copyright   in anon ymous and pseudonymous works) shall apply 
to  the  extent to  which it  is  not  contrary to  this 
Article. 
 
DILIGENT SEARCH FOR THE PURP OSES OF 
ESTABLISHING  THE ORPHAN WORK STATUS 
AND RECORDS OF INFORMATION 
 
Article 12b 
(1) Publicly a ccessible libraries, educ ational 
establishments or  museums and other  legal 
persons carrying out  the museum activity, as well 
as archives, film or audio heritage institutions an d 
public-service br oadc asting 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 
appropriate 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 depos it, in particular of  national 
bibliography, library catalogues , biographical 
lexicons, author ity files and bibliographic data 
bases  maintained  b y  libraries  and  other 
institutions; 
b. data bases and documentat ion maintained by 
the  publishers’  and  authors’  associations in  the 
Repu blic 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   documentat ion  of   the 
relevant  c ollective  rights  managem ent 
associations, in particular reproduction rights 
managem ent associations; 
e. sources that integrate multiple databas es an d 
registers, including VIAF (Virtual International 
Authority  Fi les)  and  ARRO W  (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; Copyright and Related Rights Act 
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c. legal deposit, in par ticular of national and special 
bibliographies: 
d.  databas es  and  documentat ion maintained  by 
the publishers’ as well as authors’ and journalists’ 
associations in the Republic of Croatia; 
e. the databases and documentat ion of  relevant 
collective rights manage ment as sociations, in 
particular     reproduction     rights     managem ent 
associations; 
f. biographical lexicons; 
 
3. for visual works, including fine art, photography, 
illustration, design, architecture, sketches of the 
latter works and other  such wor ks that  are 
contained in books, journals, newspapers and 
magazi nes or other works: 
a. the sources referred to in points 1 and 2 of this 
paragraph; 
b.   the   databases   and   documentat ion  of   the 
relevant  c ollective  rights  manage ment 
associations, in particular for visual arts, and 
including reproduction rights managem ent 
associations; 
c. the databases of  picture agencies, where 
applicable; 
 
4. for audiovisual wo rks, performances, 
phon ograms and videograms: 
a. legal deposi t; 
b. the databases and documentat ion maintained 
by the produc ers’ associations in the Republic of 
Croatia; 
c. databas es and documentat ion of film or audio 
heritage institutions and national libraries; 
d.  databases  with  relevant  standards  and 
identifiers such as ISAN (International Standard 
Audiovisual Num ber) for audiovisual material, 
ISWC (International Standard Music Work Code) 
for  musical  works  and  ISRC  (International 
Standard Recording Code) for phono grams; 
e.   the   databases   and   documentat ion  of   the 
relevant  c ollective  rights  manage ment 
associations, in particular for authors, performers, 
phon ogram produc ers and audiovisual produc ers; 
f. credits and other information app earing on the 
work’s or the subject matter’s of related rights 
packaging; 
g. databases and documentation of  other relevant 
associations representing a specific categor y 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 Repu blic of 
Croatia. A diligent search for cinematogr aphic and 
other  audiovisual wo rks shall be carried out, if the 
film produc er has  his principal p lace of business or 
habitual residenc e in the Repu blic 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  public ly accessible with the consent of 
the author  or other right holder has  his principal 
place of bu siness 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  communi cated  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 manage d by such 
Office  in  accordanc e  with  Regulation  (EU)  no 
386/2012 of the European Parliament and of the 
Counci l 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  r ights, 
including the assembling of public and private- 
sector representat ives as  a European Observatory 
on Infringements of Inte llectual 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 ha ve 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 rights, 
respectively. 
b. the use that such institutions make of orphan 
works or subject matters of related rights in 
accordanc e with Article 84a of thi s Act; 
c. any change of the orphan work status  of works 
or  the  subject  matters  of  related  rights, 
respectively, 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, educ ational and  scientific institutions, 
preschool  educ ational institutions and social 
(charitable) institutions may reproduc e a copyright 
work from their own copy to any media what soever 
for the purposes of preservation and safeguar ding, 
technical restoration and reparation of the 
materials, managem ent 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: Copyright and Related Rights Act 
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“FREE USE OF ORPHAN WORKS 
 
Article 84a 
(1) Publicly a ccessible libraries, educ ational 
establishments or  museums and other  legal 
persons carrying out  the museum activity, as well 
as archives, film or audio heritage institutions an d 
public-service br oadc asting organizations 
established in the Republic of Croatia may 
reproduc e orphan works which are contained in 
their collections for the purposes of digitization, 
making them  available to the public, indexing, 
cataloguing, pr eservation or restoration and may 
them  make available to the public. The mentioned 
institutions may pe rform the acts of reproduc tion 
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 contai ned in 
their collections. The institutions may generate 
revenues in the course of such uses, for the 
exclusive pur pose of covering their costs of 
digitizing or phan works and making them  available 
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  partners hip 
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 accordanc e with Article 12a 
paragraph (6) of this Act shall have a right to a fair 
compens ation for the use that has been made of 
his work according to paragraph (1) of this Article. 
The compens ation shall be paid by the institution 
referred to in paragraph (1) of this Article that used 
the work. The amount of the compens ation shall 
be determined according to the category of orphan 
works, taking into account, among other t hings, the 
aims of the Republic of Croatia in the field of 
cultural promotion, the non-comme rcial natur e 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 compens ation shall be paid retroactively, for 
not more than three years, counting from the day 
of putt ing an end to the orphan work status. 
 
(4) A request for the payment of  a fair 
compens ation may be filed by the author  or the 
respective collective rights managem ent 
association, authorized by the author for filing such a request. A reques t for the payment of  a fair 
compens ation shall be subject to the statute of 
limitations, counting from the day of putting an end 
to the orphan work status. 
 
(5) The provisions of this Article shall not affect the 
obligations and rights acquired by other legal 
provisions concerning ot her intellectual property 
rights, conditional a ccess, access to cable of 
broadc asting services, the protection of national 
treasures, legal deposit requirements, th e 
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 f reedom  of 
expression in the media.”. 
 
Article 6 
(1) This Act shall apply to  all the works, 
performances, phon ograms and videograms that 
are protected by the Copyright an d Related Rights 
Act (“Official Gazette” Nos. 167/03, 79/07, 80/11, 
125/11 and 141/13) on 29 October 2 014 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 public ation in the “Official 
Gazette”. 
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 ACT 
ON AMENDMENTS TO THE 
COPYRIGHT  AND RE LATED RIGHTS 
ACT***** 
 
Article 1 
In the Copyright and Related Rights Act (»Official 
Gazette «, No. 167/03, 79/07, 80/11, 125/11, 
141/13 and 127/14) in Article 1a after 
subparagraph 11, the full stop shall be replaced 
by the comma and a new subparagraph (12) shall 
be added to read:  
 
-– Directive  2014/26/EU of the European 
Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi -territorial licensing of rights 
in m usical works for online use in the internal 
market  (OJ L 84, 20. 3. 2014) . 
 
Article 
2 
In Article  13, paragraph (3) shall be supplemented 
with the second sentence to read:  »Remuneration 
shall be determined as the price of use in private 
law relationship . 
 
Article 3 
After In Article  32, after paragraph (5), new 
paragraphs  6 and 7 shall be added to read:  
»(6) The obligation to pay the appropriate 
remuneration referred to in paragraph (1)  of this 
Article shall arise also when appliances and 
fixation media  referred to in paragraph ( 5) of this 
Article are imported in the Republic of Croatia 
from another Member State of the European 
Union . 
(7) The obligation to pay the appropriate 
remuneration shall not arise where new appliances for sound and visual recording, new 
blank audio or video fixation media and new 
photocopying appliances are brought out of or 
exported from the Republic  of Croatia .«. 
Former paragraphs ( 6) and (7) shall become 
paragraphs (8) and (9) . 
The f ormer paragraph (8), which shall become 
paragraph (10),  shall be amended to read:  
»(10) An appropriate remuneration referred to in 
this Article shall be the one that has to be given fairly in a legal transaction, whereby when 
determining the amount of an appropriate remuneration, in addition to the principles of 
setting the price  of using subject matters of 
protection under Article 165 paragraph (1) of this Act, the likelihood of damage incurred to the 
author, wher e his work is reproduced for private or 
other personal use without his authorisation , the 
application of technological protection measures  
of access to use a work or another subject matter of protection, and other circumstances that may affect a proper dec ision on the form and amount  
 of the appropriate remuneration shall be taken into 
account . The appropriate r emuneration cannot 
unreasonably  burden the operation of 
manufacturers and importers referred to in paragraph 4 of this Article, so that when 
determining the amount of an appropriate 
remuneration, the price of technical appliances 
and blank audio, video or text fixation media, as 
well as other relevant market circumstances are to be taken into account . Before initiating a 
procedure to adopt the tariffs under Article 162 of 
this Act  for new technical appliances and  blank 
audio, video or text fixation media, a collective 
management organisation shall conduct research 
of these technical appliances and blank audio, 
video or text fixation media being actually  used for 
reproduction of the subject matters of protection, 
and the results thereof shall be taken into account 
when determining the amount of the appropriate 
remuneration. The results of such research shall 
be publicly available at the website of a collective 
management organisation.  
After paragraph (10), paragraphs (11) and (12) 
shall be added to read:  
»(11) All collective management organisations 
entitled to remuneration referred to in paragraphs 
(1) and (2) of this Article shall authorise one of 
them  by contract in writing to manage the rights to 
remuneration on equivalent technical appliances and audio, video or text fixation media  referred to 
in paragraphs (1) and (2) of this Article on behalf 
and for the account of others participating in that 
contract or on its own behalf, and for the account 
of these other collective management organisations . If, after the contract in writing was 
entered into between collective management 
organisations , there shall come  a new collective 
management organisation entitled to remuneration 
on equivalent technical appliances and blank 
audio, video or text fixation media, it shall enter 
into the current contract between organisations 
under the same conditions . There exists an 
obligation to provide the information under Article 
161 of this Act only in relation to the collective 
management organisation managing the rights on 
behalf of other collective management organisations . The obligation o f entering into the 
contract  whereby collective management 
organisations a ppoint one organisation to manage 
their rights, as well as of providing information to only one collective management organisation as 
referred to in this paragraph, shall not be applied if  
there are justified reasons to refuse to enter into 
such contract, which have to be adequately 
explained.  
(12) Until such time as the procedure of setting the 
tariff of remuneration referred to in paragraph (1) 
of this Article is completed as provided  by Article 
162 of this Act, the remuneration shall be paid in 
accordance with  the current tariff . By way of 
exception from  Article  162 paragraph (7) of this  
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Act, if the current tariff does not comprise an 
individual technical appliance or an audio, video or 
text fixation medium , until such time as the 
procedure of se tting the tariff as provided  by 
Article 162 of this Act  is completed, the user shall 
pay the undisputed amount of remuneration as 
proposed by the tariff, and for the disputed 
amount a collective management organisation 
may request from the user to provide adequate 
quality payment insurance, which the user shall 
provide within the time limit set by the collective 
management organisation . If the user fails to 
provide quality payment insurance of the disputed amount of remuneration within the given time limit 
as requested by the collective management 
organisation, the user shall make an advance 
payment as proposed by the tariff . 
 
Article 
4 
Above the heading of Article 154, the chapter 
heading shall be added to read: » Chapter  1 
GENERAL PROVISIONS«.  
 
Article 5 
The heading above Article 154 shall be amended 
to read : »DEFINITIONS «. 
Article  154 shall be amended to read:  
»Individual  definitions  in terms of this Act  shall 
have the following meaning : 
a) »the management of copyright or related 
rights « shall include in particular : 
– giving authorisations for the use of the subject 
matter of copyright and related rights (subject 
matters o f protection), except in cases where this 
authorisation is not required by this Act , 
– collecting of the price  for the use of the subject 
matter s of protection, where used subject to 
payment of remuneration expressed as the price of usage,  
– distributing of collected income from the rights to 
the rightholders , 
– supervising the use of the subject matters of 
protection,  
– initiating and carrying out protection proceedings 
in the case of infringement of the rights having 
been managed;  
b) »collective management organisation« is any 
organisation which is authorised by law , power of 
attorney  or by a contract authorised to manage 
copyright and related rights on behalf of two or 
more rightholders regardless  of whether it acts on 
its own behalf or on behalf of right holders, for the 
collective benefit of those rightholders, as its sole or main purpose, and which fulfils the following 
criteria : 
– it is owned or controlled by its members , and 
– it is organised on a not -for-profit basis ; 
c) »specialised legal entity for the management of 
copyright and related rights « is a company or 
another legal person having individual 
management of copyright and related rights as its  
  
main activity and employing minimum one person  
with an undergraduate or graduate university 
degree in l aw; 
d) »independent management entity « is any 
organisation which is authorised by law or a 
contract to manage copyright or related rights on behalf of two or more rightholders regardless of 
whether it acts on its own behalf or on behalf of 
rightholders, for the collective benefit of those 
rightholders, as its sole or main purpose, and which is : 
– neither owned nor controlled, directly or 
indirectly, wholly or in part, by its members, and – organised on a for -profit basis , whereby neither 
producers, broadcas ters and publishers who 
manage their own rights and other holders’ rights transferred to them on the basis of individually negotiated agreements and who act in their own 
interest , nor rightholders’ managers and agents 
acting as intermediaries and represent ing 
rightholders in their relations with collective 
management organisations,  shall not be regarded 
as independent management entities ; 
e) »rightholder « is any person or entity, other than 
a collective management organisation, that holds 
a copyright or rel ated right or, under an agreement 
for the exploitation of rights or by law, is entitled to 
a share of the rights revenue;  
f) » member « is a rightholder or an entity 
representing rightholders (including other collective management organisations and 
associati ons of rightholders ), fulfilling the 
membership requirements of the collective 
management organisation and admitted by it ; 
g) »statute« is the fundamental general  act 
containing the rules of constitution and operation of a collective management organisation in terms 
of regulations governing status issues of legal 
persons ; 
h) »general assembly of members « is the body of 
the collective management organisation wherein members participate and exercise their voting 
rights, regardless of the legal form of the col lective 
management organisation;  
i) »board member « is: 
a. any member of the management board where 
the law or the statute of the collective 
management organisation provides for a unitary 
board,  
b. any member of the management board or the 
supervisory board where the law or the statute of 
the collective management organisation provides 
for a dual board;  
j) »rights revenue « is income collected by a 
collective management organisation on behalf of 
rightholders, whether deriving from an exclusive 
right or a right to remuneration;  
k) »management fee« is the amount charged, 
deducted or offset by a collective management organisation from rights revenue or from any 
income arising from the investment of rights  
 
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revenue in order to cover the costs of its 
management of c opyright or related rights ; 
l) »representation agreement « is any agreement 
between collective management organisations whereby one collective management organisation 
mandates another collective management organisation to manage the rights it represents, 
including an agreement concluded under Articles 
168k and 168l of this Act ; 
m) » user« is any person or entity that is carrying 
out acts subject to the authorisation of rightholders or payment of compensation expressed as a price 
of use to rightholders , and is  not acting in the 
capacity of a consumer ; 
n) »repertoire « is a set of copyright works  or 
subject matters of related rights in respect of which a collective management organisation 
manages rights ; 
o) » multi- territorial licence « is a licence which 
covers the territory of more than one Member 
State of the European Union;  
p) »online rights in musical works « are the rights 
of an author in musical works provided for under 
Articles  19 and 21 including the right under Article 
30 of this Act, which need to be regul ated for the 
provision of online services .«. 
 
Article 
6 
Article  155, paragraph ( 2), the words : »an 
association referred to in Article 157 of this Act « 
shall be replaced by the words : »a collective 
management organisation«.  
Paragraph ( 3) shall be deleted.  
 
Article 7 
In Article  156, a new paragraph (1) shall be added 
to read : 
»(1) The collective management organisation shall 
act in the best interests of the rightholders whose rights they represent . The collective management 
organisation cannot impose any obl igations on 
them which are not objectively necessary for the 
protection of their rights and interests and for the effective management of their rights .«. 
In the former paragraph (1), which becomes 
paragraph (2), after the word: » include« the word: 
»the fol lowing « shall be deleted and the words : 
»in particular the following rights « added.  
In the former paragraph (2), which becomes 
paragraph ( 3), the words : »paragraph ( 1)« shall 
be replaced by the words : »paragraph (2)«, and 
the word: » association « shall be r eplaced by the 
word: » organisation «. 
In the former paragraph ( 3), which becomes 
paragraph ( 4), the number : »2« shall be replaced 
by the number : »3«, a nd the words : »of copyright 
and related rights « shall be deleted.  
 
Article 
8 
The heading above Article 157 shall be amended 
to read : »REQUIREMENTS FOR COLLECTIVE  
  MANAGEMENT OF RIGHTS BY COLLECTIVE 
MANAGEMENT ORGANISATIONS«.  
Article  157 shall be amended to read:  
»(1) Collective management of rights on the 
territory of the Republic of Croatia may be carried 
out b y a collective management organisation 
which has the authorisation granted by the State 
Intellectual Property Office (hereinafter: the Office) 
for performing such activity . 
(2) the authorisation referred to in paragraph (1) of 
this Article shall be granted by the Office  to an 
association or another collective management 
organisation on request which fulfils the following requirements : 
a) has its  principle place of establishment  in the 
European Union,  
b) has adequate material and human resources to 
perform t he activity of collective management, 
whereby minimum resources are represented by adequate premises, equipment and technical 
service with at least one employee with an 
undergraduate and graduate university degree in 
law, and  
c) is engaged in the collectiv e management of 
rights as its sole or main activity . 
(3) The collective management organisation shall 
manage the rights in its own name or on behalf of the rightholder s, and for  the account of the 
rightholder . 
(4) For collective management of rights, the O ffice 
can grant a n authorisation  to only one collective 
management organisation for a particular category 
of rights and a particular category of rightholders, 
taking into account the number of members based 
on powers of attorney received, the number of joint representation agreement s with collective 
management organisations in other states as well 
as other circumstances indicating that this 
collective management organisation would be the most efficient one in collective management of 
rights . 
(5) It shall be presumed that the collective 
management organisation referred to in paragraph 
(4) of this Article has powers of attorney for 
collective management of rights for which it is authorised for all domestic and foreign holders of 
such rights, except for that ri ghtholder who has 
notified  the collective management organisation 
explicitly in writing not to manage his rights . 
(6) The decision passed by the Office in the 
procedure of granting the authorisation referred to 
in paragraph (1) of this Article cannot be 
appealed, but an administrative dispute can be initiated . 
(7) The collective management organisation shall 
inform a user on his request  of the rightholders 
whose rights it does not manage based on the 
notification  referred to in  paragraph (5) of this 
Article .«. 
 
 
 
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Article 9 
The heading above Article 158 shall be amended 
to read: » MANAGEMENT OF RIGHTS AND 
MUTUAL REPRESENTATION «. 
Article  158 shall be amended to read:  
»(1) A collective management organisation may 
manage, one, two or more types of rights that 
usuall y relate to a particular category of 
rightholders . 
(2) The collective management organisation may 
entrust certain kind of tasks regarding the 
management of rights to an other collective 
management organisation in the form of a written 
contract. The entrusted collective management 
organisation shall manage the rights on behalf  
and for the account of the entrusting collective management organisation, or on its own behalf  
and for the account of the entrusting collective 
management organisation.  
(3) The collecti ve management organisation may 
entrust certain administrative, technical or 
accessory works (for example, invoicing of  users 
or distributing amounts due to rightholders) under 
its control to another natural or legal person, in the 
form of a written contrac t. Such contract shall not 
influence the duty of the collective management 
organisation to fulfil all the obligations pursuant to 
this Act . 
(4) The collective management organisation 
established by this Act may enter into a joint 
representation agreement w ith another such 
collective management organisation established 
by the act of another Member State of the 
European Union or by the act of any other state 
for the management of the same kind of rights . In 
this case, the collective management organisation 
cannot discriminate the rightholders whose rights 
it manages, particularly in relation to applicable 
prices, management fee and the conditions of 
collecting the rights revenue and distributing 
amounts due to rightholders .«. 
 
Article 
10 
The heading above Above the heading of Ar ticle 
159, the chapter heading shall be added to read : 
»Chapter  2 RELATIONSHIP BETWEEN THE 
COLLECTIVE MANAGEMENT ORGANISATION AND A RIGHTHOLDER «. 
 
Article 
11 
The heading above Article 159 shall be amended 
to read : »RIGHTHOLDER’S RIGHTS «. 
Article  159 shall b e amended to read:  
»(1) The rightholder shall have the right  to freely 
choose and to authorise a collective management 
organisation in any Member State of the European 
Union for the management of the rights, 
categories of rights or types of works or subjec t 
matter of related rights of his own choice, for the states of his own choice, irrespective of the 
Member State of nationality, residence or place of  
  
establishment . The chosen collective 
management organisation resident or established 
in the Republic of C roatia shall accept the 
management of such rights, categories of rights or 
types of works or subject matters of related rights 
where such management falls within the scope of its activity, unless it has objectively justified 
reasons to refuse such authoris ation . 
(2) The rightholder shall have the right to grant 
licences for non- commercial uses of any rights, 
categories of rights or types of works and other subject matter that he may choose, and a 
collective management organisation shall inform the rightholders whose rights it manages of the 
conditions under which rightholders may grant 
licences for non- commercial uses of their rights or 
subject matter of the related rights which they 
authorised this collective management 
organisation to manage. Non- commercial use is 
considered to be the use with no economic benefit 
provided either directly or indirectly . 
(3) The rightholder may terminate the 
authorisation to manage rights granted by him to a 
collective management organisation entirely or in 
relation to a part icular right, a category of rights or 
a type of works or subject matter of related rights of his choice, for the territories of his choice, upon 
serving notice not exceeding six months, 
regardless of whether at the same time he 
authorised another collectiv e management 
organisation to manage his rights. The collective 
management organisation may decide that such termination is to take effect at the end of the 
financial year . 
(4) The rightholder shall retain all the rights 
against a collective management organisation in relation to the uses which occurred and the 
licences for the use granted by a collective 
management organisation before the termination as referred to in paragraph (3) of this Article took 
effect . 
(5) Any authorisation to manage rights and the 
termination of such authorisation shall be evidenced in writing, documenting specific rights, 
categories of rights or types of works or subject matter of related rights  covered thereby . 
(6) A collective management organisation shall 
provide in its  statute  and/or membership rules that 
rightholders shall at least have the rights as 
referred to in this Article, publish it on its website, 
and inform rightholders of these rights before their 
granting licences for management .«. 
 
Article 
12 
After Article  159, Articles 159a and 159b and 
headings above them shall be added , Chapter  3 
with Articles  159c, 159d and 159e and headings 
above them to read:  
»Membership Rules of a Collective Management 
Organisation  
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Article 159 a 
 (1) A collective management organisation shall  
accept all rightholders and entities representing 
rightholders, including other collective 
management organisations and associations of rightholders, as members if they fulfil the 
membership requirements, which shall be based 
on objective, transparent and non- discriminatory 
criteria. Those membership requirements shall be 
included in the statute or another act to set out 
membership terms of the collective management 
organisation and shall be made publicly available. 
In cases where a collective management 
organ isation refuses to accept a request for 
membership, it shall provide the rightholder with a clear explanation of the reasons for its decision.  
(2) The statute of a collective management 
organisation shall provide for appropriate and 
effective mechanisms for the participation of its 
members in the organisation’s decision- making 
process. The representation of the different 
categories of members in the decision- making 
process shall be fair and balanced.  
(3) A collective management organisation shall 
ensure that  its members communicate with it by 
electronic means, including for the purposes of 
exercising members’ rights . 
(4) A collective management organisation shall 
keep records of its members and shall regularly 
update those records . 
Rights of Rightholders Who Are Not Members of 
the Collective Management Organisation  
 
Article 
159 b 
A collective management organisation shall accordingly apply all the rights pertaining to its 
members to the rightholders it represents based 
on a presumed power of attorney and to the  
rightholders who are not its members, but it represents them based on a contractual 
arrangement, except for the rights relating to the 
management and decision- making in the 
collective management organisation.  
 
Chapter 3 
INTERNAL STRUCTURE OF THE COLLECTIVE  
MANAGEMENT ORGANISATION  
 
General Assembly of Members of the Collective 
Management Organisation  
 
Article 159 c 
(1) A general assembly of members shall be 
convened at least once a year . 
(2) The general assembly of members shall 
decide at least on the following  issues : 
– adopting of the statute , its amendments and 
deciding on presumptions for membership in the 
collective management organisation unless regulated by the statute;  
  
– the appointment or dismissal of board members, 
review of their general performance and approval 
of their remuneration and other benefits, such as 
monetary and non- monetary benefits, voluntary 
pension funds, rights to awards and severance pay; 
– the general policy on the distribution of amounts 
due to rightholders ; 
– the general policy on the use of non- distributable 
amounts  and deciding on the use of non-
distributable amounts, exclusively for the purpose of managing social, cultural and educational 
activities to the benefit of rightholders ; 
– the general investment policy with regard to 
rights revenue and to any income arising from the 
investment of rights revenue;  
– the general policy on deductions from rights 
revenue and from any income arising from the investment of rights revenue;  
– the risk management policy ; 
– the approval of any acquisition, sale or mortgage  
of immovable property  owned by the collective 
management organisation;  
– the approval of mergers and alliances, the 
setting -up of subsidiaries, and the acquisition of 
other entities or shares or rights in other entities ; 
– the approval of taking out loans, granting loans 
or providing security for loans . 
(3) In a collective management organisation with a 
dual board system, the general assembly of members shall not decide on the appointment or 
dismissal of members of the management board 
or approve their remuneration and other benefits 
where the power to take such decisions is delegated to the supervisory board.  
(4) The general assembly of members may 
delegate the powers listed in paragraph (2) 
subparagraphs (7) –  (10) of this Article, by a 
resolution or by a provision in the statute, to the body exercising the supervisory function of the 
management of a collective management 
organisation.  
(5) The general assembly of members shall be 
authorised to supervise the operation of a collectiv e management organisation, in particular : 
– to decide on the appointment and dismissal of 
auditors, and  
– to approve of the annual transparency report as 
referred to in Article 168d of this Act . 
(6) All members of the collective management 
organisation sha ll have the right to participate in, 
and the right to vote at, the general assembly of 
members. In its statute or membership terms, the 
collective management organisation may restrict  
on the right of the members of the collective management organisation to participate in, and to 
exercise voting rights at, the general assembly of 
members, on the basis of one or both of the 
following criteria , provided that such criteria are 
determined and applied in a manner that is fair 
and proportionate:  
 
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– duration of membership,  
– amounts received or due to a member . 
(7) Every member of a collective management 
organisation shall have the right to appoint any 
other natural person or legal entity as a proxy 
holder by a notarised special power of attorney  to 
participate in, a nd vote at, the general assembly of 
members on his behalf, provided that such 
appointment does not result in a conflict of interest 
which might occur ( for example, where the 
appointing member and the proxy holder belong to 
different categories of righthold ers within the 
collective management organisation). The proxy 
holder’s appointment shall be valid for a single 
general assembly of members. The proxy holder 
shall enjoy the same rights in the general 
assembly of members as those to which the 
appointing mem ber would be entitled and the shall 
participate in, and cast votes in accordance with 
the instructions issued by the appointing member, 
which are included in the power of attorney . 
Statut e or another act of the collective 
management organisation can provid e detailed 
restrictions regarding the appointment of proxy 
holders and their voting rights on behalf of the appointing members . 
(8) The collective management organisation may 
set out in its statute that the powers of the general 
assembly of members may be exercised by an 
assembly of delegates elected at least every four 
years at the general assembly of members , 
provided that : 
– appropriate and effective participation of 
members in the collective management 
organisation’s decision- making process is 
ensured; and 
– the representation of the different categories of 
members in the assembly of delegates is fair and balanced.  
(9) Paragraph (8) of this Article  shall apply to the 
assembly of delegates mutatis mutandis . 
(10) Where a collective management organisation,  
by reason of its legal form, does not have a 
general assembly of members, the powers of that 
assembly are to be exercised by the body exercising the supervisory function as referred to 
in Article 159d of this Act . In this case, t he rules 
laid down in this Article, except for paragraphs (3) 
and (4) of this Article, shall apply mutatis mutandis  
to such body exercising the supervisory function.  
(11) Where a collective management organisation 
has members who are only entities representing 
rightholders, all or some of the powers of the 
general assembly of members under this Article 
may be transferred to a general  assembly of those 
entities . In this case, t he rules laid down in this 
Article, except for paragraphs (8) to (10) shall 
apply mutatis mutandis  to the ge neral assembly of 
those entities . 
  
  
Supervisory Function 
 
Article 
159 d 
(1) A collective management organisation shall 
have a body to exercise a supervisory function for 
continuously monitoring the activities and the 
performance of the duties of the persons wh o 
manage the business of the organisation 
management organisation.  
(2) There shall be fair and balanced 
representation of the different categories of members of the collective management 
organisation in the body exercising the 
supervisory function.  
(3) Each member of the body  exercising the 
supervisory function shall make an individual statement on conflicts of interest, containing the 
information referred to in paragraph (3) of Article 
159e of this Act , to the general assembly of 
members . 
(4) The body exer cising the supervisory function 
shall meet regularly and shall have at least the 
following powers : 
– to exercise the powers delegated to it by the 
general assembly of members, including the 
powers under Article 159c paragraph  (2) 
subparagraph 2 and paragr aph ( 4) of this Act, and  
– to monitor the activities and the performance of 
the duties of the persons referred to in Article 159e of this Act , including the implementation of 
the decisions of the general assembly of members and, in particular, of the gener al policies listed in 
Article 159c paragraph ( 2) subparagraphs  3 to 6 of 
this Act . 
(5) The body exercising the supervisory function 
shall report on the exercise of its powers to the 
general assembly of members at least once a 
year. 
Obligations of the Perso ns Who Manage the 
Business of the Collective Management 
Organisation  
 
Article 
159 e 
(1) The persons who manage the business of the 
collective management organisation shall do so in 
an extra attentive, prudent and appropriate 
manner, using sound administrativ e and 
accounting procedures and internal control 
mechanisms . 
(2) A collective management organisation shall put 
in place and apply procedures to avoid conflicts of interest, and where such conflicts cannot be 
avoided, it shall identify, manage, monitor and 
disclose any actual or potential conflicts of interest 
in such a way as to prevent them from adversely 
affecting the collective interests of the rightholders 
whom the organisation represents . 
(3) The procedures referred to in paragraph (2) of 
this Article  shall include the obligation of an 
individual statement by each of the persons who  
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manage the business of the collective 
management organisation to the general 
assembly of members, containing the following 
information:  
– any interests in the collective management 
organisation;  
– any remuneration received in the preceding 
financial year from the collective management 
organisation, including in the form of pension 
schemes, benefits in kind and other types of benefits ; 
– any amounts received in the preceding financial 
year as a rightholder from the collective 
management organisation; and  
– a declaration concerning any actual or potential 
conflict between any personal interests and those 
of the collective management organisation or 
between any obligations owed to the collective 
management organisation and any duty owed to 
any other natural or legal person.«.  
 
Article 
13 
Above Article  160, the chapter heading shall be 
added to read: » Chapter  4 RELATIONSHIP WITH 
THE USERS OF SUBJECT MATTER OF PROTECTION «. 
Article  160 shall be amended to read:  
»(1) Prior to starting to use a particular subject 
matter of protection, a legal or a natural person shall submit a request for the authorisation of such 
use to a relevant collective management 
organisation. The request shall i nclude information 
on the type and circumstances of the use (such as 
manner, place and time of the use, and other 
information required for establishing the amount of 
remuneration).  
(2) The collective management organisation shall 
respond to the request for  the authorisation of 
such use within an appropriate time- limit, 
indicating in particular the information needed for 
the authorisation to be granted. Upon receipt of all 
the relevant information, the organisation shall 
grant the authorisation to a user or provide a 
reasoned reply why the authorisation cannot be granted. The authorisation shall include the 
indication of the types of rights to which it applies, 
conditions of use in terms of manner, place and 
time, and the amount of remuneration for the use, 
where the use is subject to payment of 
remuneration. The requirements for the 
authorisation of such use shall be based on objective and non- discriminatory criteria . 
(3) A user shall submit to a collective 
management organisation, without delay, the informat ion relating to any change of 
circumstances of such use or of its termination, in order to change accordingly the conditions under which the authorisation has been granted or to 
withdraw the authorisation.  
(4) A collective management organisation shall 
allow the users to submit the request for the  
  
authorisation of such use and to communicate 
with it in connection with the authorisation by 
electronic means . 
(5) A legal or natural person which or who allows 
the use of its or his/her premises to another 
person who uses subject matters of protection in 
such space, shall check whether that person has 
adequate authorisation  for the use of the subject 
matter of protection. Where a legal or a natural 
person has allowed the use of its or his/her 
premises to a person not having such 
authorisation, although knowing or having reasons to know that subject matters of protection will be 
used in such premises, shall be jointly and 
severally liable to pay a corresponding 
remuneration for the use of the subject matter of 
protection..«.  
 
Article 
14 
The heading above Article  161 shall be amended 
to read : »USER’S OBLIGATIONS «. 
Article  161 shall be amended to read:  
»(1) Users shall provide a collective management 
organisation within an agreed or pre- established 
time and in an agreed or pre- established format, 
with such relevant information at their disposal, as is necessary for the collection of rights revenue 
and/or for the distribution of amounts due to 
rightholders . When deciding on the format for the 
provision of such information, a collective 
management organisation and users shall take 
into account, as far as possible, the standards voluntarily applied in the related area (voluntary 
industry standards ). 
(2) a collective management organisation shall, as 
far as possible, allow us ers to provide the 
information as referred to in paragraph ( 1) of this 
Article by electronic means . 
(3) In case of insufficient information on or an 
unauthorised use of the subject matter of 
protection, the competent state administration 
bodies or other na tural and legal persons  having 
such information at their disposal , shall submit to 
the collective management organisation at its  
request the information that relate to the 
management of rights under this Act , except in 
cases when such provision of the information 
would be contrary to special regulations .«. 
 
Article 
15 
The heading above Article  162 shall be amended 
to read: » PRICE  FOR THE USE OF SUBJECT 
MATTERS OF PROTECTION «. 
Article  162 shall be amended to read:  
»(1) A price  and other requirements for the use of 
the subject matter of protection shall be regulated 
primarily by a contract between a collective 
management organisation and a user of the 
subject matter of protection or by a contract 
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protection. If users are not organised through a 
chamber or it results from the circumstances that 
users’ interest will be better represented through 
another association of users of the subject matter 
of protection, a collective management 
organisation may enter into a contract with 
another association of users. Collective 
management organisations and users or their 
chambers or associations shall conduct 
negotiations for entering into such contracts in good faith and provide each other with all the 
information necessary to reach an agreement . 
(2) If the price  for such use is not set in 
compliance with paragraph ( 1) of this Article, it 
shall be paid according to the tariffs of a collective 
management organisation.  
(3) Prior to sett ing the tariffs as referred to in 
paragraph (2) of this Article, a collective 
management organisation shall  submit the 
proposal thereof for the declaration by a chamber 
or another association of users . 
(4) If a chamber or another association of users 
fail to furnish a written declaration to a collective 
management organisation within 30 days upon 
receipt of the tariff proposal, it shall be deemed that they do  not oppose to the proposed tariffs . 
(5) If a chamber or another association of users 
does not accept the tariffs wholly or partly in a 
written declaration, it can agree on arbitration with 
a collective management organisation in order to 
determine the related tariffs, within 60 days upon 
receipt of the tariff proposal at the latest . A 
collective managem ent organisation and users 
can agree on arbitration in advance, establishing 
to settle any dispute in the procedure of setting the tariffs in arbitration. Arbitration shall be 
conducted in compliance with the provisions as 
referred to in Article 162a of this Act . 
(6) If a collective management organisation and a 
chamber or another association of users do not 
agree on arbitration within the time- limit as 
referred to in paragraph (5) of this Article, the 
collective management organisation shall request 
the Co uncil of Experts Dealing with 
Remunerations for Copyright and Related Rights 
(hereinafter referred to as: the Council of Experts ) 
for its opinion on the subject matter of disagreement within further 15 days . The Council 
of Experts shall render its opinion within 60 days 
upon receipt of the request . The Council of 
Experts may prolong the time- limit for rendering its 
opinion maximum by another 30 days , which shall 
be notified to the parties in the procedure of 
rendering the opinion prior to the expiry of the first 
time-limit of 60 days . 
(7) Until the procedure for adopting the tariffs 
referred to in paragraphs (3), (4) and (5) of this 
Article is completed, the price  shall be paid  in 
accordance with the approved tariffs or as an advance payment according to the proposed 
tariffs if the tariffs for a particular type of using the 
subject matter of protection  are not approved.  
  (8) The opinion of the Council of Experts referred 
to in paragraph (6) of this Article shall contain its 
evaluation of whether the tariffs relate to the rights for management of which a collective 
management organisation has the authorisation 
granted by the Office, and whether the prices  
conform to the principles referred to in Article 165 
of this Act. If the Council of Experts fails to give it s 
opinion within the period referred to in paragraph (6) of this Article, it shall be deemed that it agrees 
with the proposed tariffs.  
(9) After the completion of the procedures referred 
to in this Article, the tariffs shall be published on the website of a collective management 
organisation, and they shall apply to all users who 
use the subject matters of protection as provided 
by the tariffs, starting from the day of initiating a 
procedure to set the tariffs pursuant to the provisions as referred to in paragraph (3) of this 
Article .«. 
 
Article 
16 
After Article  162, Article  162a and the heading 
above it shall be added to read:  
»Setting the tariffs before the arbitration  court  
 
Article 162a 
(1) In compliance with the provisions as referred to 
in Article 162 paragraph (5) of this Act, the parties 
may enter into an agreement  to finally settle their 
dispute over the tariffs in arbitration according to 
the valid Rules of  Arbitration of the Permanent 
Arbitration Court at the Croatian Chamber of 
Commerce  (Zagreb Rules), unless provided 
otherwise by this Act . 
(2) Arbitration on the tariffs shall be conducted 
pursuant to the provisions on the accelerated arbitration process in terms of the Zagreb Rules 
as referred to in paragraph (1) of this Article, 
regardless of the v alue of the subject matter in 
dispute, and to other applicable provisions of the 
Zagreb Rules . An accelerated arbitration process 
on the tariffs can take no longer than three months 
as a rule, counting from the date of the arbitration court being constitut ed in line with the provisions 
under Article 164a of this Act. Time- limits provided 
by the Zagreb Rules in relation to an accelerated arbitration process for the parties to undertake 
certain actions can be reduced by the arbitration 
court if it assesses th is to be in the interest of the 
process efficiency, observing thereby the principle 
of equal treatment of the parties . 
(3) If the tariffs are proposed by two or more 
collective management organisations, they are all together deemed to be one party to the arbitration 
process . If the interests of users whom  the tariffs 
in arbitration process shall be applied to are represented by several chambers and/or other 
associations of users, they are all together 
deemed to be one party to the arbitration process . 
(4) The tariffs of a collective management  
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organisation shall be determined by arbitration 
award in compliance with the principles as 
referred to in Article 165 of this Act . 
(5) The tariffs determined by arbitration award as 
referred to in paragraph (4) of this  Article, 
pursuant to Article 168c of this Act , shall be 
published on a website of the concerned  collective 
management organisation and shall  apply to all 
users who use the subject matters of protection as 
provided by the tariffs , starting from the day of 
initiating a procedure to set the tariffs pursuant to 
the provisions as referred to in Article 162 
paragraph (3) of this Act .«. 
 
Article 17 
After Article  164, Article  164a and the heading 
above it  shall be added to read:  
»Structure and responsibilities of t he arbitration 
court  
Article 164a 
Arbitration court has three arbitrators who are 
appointed from the List of Arbitrators in proceedings without international elements before 
the Permanent Arbitration Court at the Croatian 
Chamber of Commerce and who need t o be 
experts in the field of copyright and related rights. President of the arbitration court needs to be a judge or an ex -judge of the High Commercial 
Court of the Republic of Croatia. Each party shall appoint one arbitrator in an arbitration agreement as referred to in Article 162 paragraph (5) of this 
Act. Thus appointed arbitrators shall appoint a 
president of the arbitration court no later than within 15 days upon conclusion of the arbitration 
agreement. If arbitrators appointed by the parties 
cannot agree on the president of the arbitration 
court, he will be appointed by the president of the 
Permanent Arbitration Court at the Croatian 
Chamber of Commerce.«.  
 
Article 
18 
The heading above Article 165 shall be amended 
to read: » PRINCIPLES FOR SETTING THE 
PRICES FOR USING SUBJECT MATTERS OF 
PROTECTION «. 
Article  165 shall be amended to read:  
»(1) The price  for the use of the subject matters of 
protection must be appropriate, regardless of whether it is a matter of exclusive rights or rights 
to remuneration. Tariffs must be reasonable in 
relation to, inter alia, the economic value of the 
use of  the rights on the market , taking into 
account the nature and scope of the use of the subject matters of protection, the economic value 
of the service provided by a collective 
management organisation and accordingly the 
tariffs applicable in other Member States of the 
European Union for the same kind and form of the use and the same kind of the right . 
(2) With setting the price as referred to in 
paragraph (1) of this Artic le, religious, social and  
  
cultural needs of users who belong to sensitive social groups of pensioners, children and people 
with disabilities , shall be taken into account to an 
appropriate extent . 
(3) A collective management organisation shall 
notify the us er concerned of the criteria it has 
taken into account with setting the tariffs . 
(4) With setting the price  for using subject matters 
of protection online, a collective management 
organisation shall not be required to use the tariffs  
as a role model  alread y determined for other kinds 
and forms of online services if it is a matter of the use in a new type of online service which has 
been available in the European Union for less than 
three years . 
(5) If the use of the subject matter of protection is 
essential  for the activity of a user in a way that its 
activity depends on such use, as it is in cases of 
broadcastings, concert, dance or other uses of the 
subject matter against payment, the price  shall be 
fixed in principle as a percentage of the income, or 
earning from such use.  
(6) The price  can be fixed as a percentage of the 
costs necessary for the use of the subject matter 
of protection, such as fees or salaries of 
performing artists, or the costs of using the 
facilities  for the use of the subject matter of 
protection or another corresponding costs, if the 
costs necessary for the use of the subject matter 
of protection are disproportionate in relation to the income from such use.  
(7) In addition to the prices  fixed as a percentage, 
the minimum amounts of the prices  shall be 
specified.  
(8) If the use of the subject matter of protection is 
not essential for a user, but is useful or enjoyable (for example, in case of accommodation facilities, 
exposition places, transport means and certain 
catering objects), as a rule the tariff shall be set as 
a lump sum for permanent and occasional uses . 
(9) When setting the price  as a lump sum as 
referred to in paragraph (8) of this Article and the 
minimum amounts of the prices  as referred to in 
paragraph (7) of this Article, ci rcumstances of the 
use of the subject matter of protection shall be 
taken into account, such as the type of the use, place and geographical location, category and 
size of the facilities for the use of the subject 
matter of protection, duration and number of the 
uses, and difference in prices regarding a user’s 
business . 
(10) If a user fails to submit the information 
required for setting the price  for the use of the 
subject matter of protection, a collective 
management organisation may establish itself this 
information according to information collected in 
compliance with Article 161 or 165a of this Act , or 
in another appropriate way .«. 
  
 
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Article 19 
After Article  165, Article  165a and the heading 
above it, the heading of  chapter 5 and Article 165b 
and the headi ng above it shall be added to read:  
»Monitoring the use of subject matters of 
protection  
 
Article 165a 
(1) A collective management organisation may, in 
compliance with the authorisation of a rightholder 
as referred to in Article 159  of this Act, monitor  the 
use of the subject matter of protection for which it has authorisation for collective management of 
rights granted by the Office.  
(2) Users of subject matters of protection shall 
provide a collective management organisation 
with information relevant for s uch management 
and enable the inspection of relevant  
documentation.  
(3) At a request of collective management 
organisations, the state administration bodies responsible for monitoring and inspections in the 
internal market, and the customs services, as wel l 
as competent police administrations and police stations shall provide assistance to the collective 
management organisations in exercising monitoring as referred to in paragraph (1) of this Article  regarding the use of the subject matter of 
protection.  
(4) At a request of an author, or a collective 
management organisation, the competent police administration or a police station shall prohibit a 
performance at which subject matters of 
protection are used, i f its organiser does not have 
the authorisation of the author, that is, of a collective management organisation.  
 
Chapter 5 
MANAGEMENT OF RIGHTS REVENUE  
Collection and use of rights revenue  
 
Article 165b 
(1) A collective management organisation shall be 
diligent in the collection and management of rights revenue.  
(2) A collective management organisation shall 
keep separate in its accounts : 
a) rights revenue and any income arising from the 
investment of rights revenue; and  
b) any own assets it may have and income arising 
from such assets, from management fees or from 
other activities . 
(3) A collective management organisation shall 
not be permitted to use rights revenue or any income arising from the investment of rights 
revenue for purposes other than distribution to 
rightholders, except where it is allowed to deduct 
or offset its management fees in compliance with 
Article 159c paragraph (2) subparagraph 6 or where it is allowed in compliance with a decision  
  taken in accordance with Article 159c paragraph 
(2) of this Act . 
(4) Where a collective management organi sation 
invests rights revenue or any income arising from the investment of rights revenue, it shall do so in 
the best interests of the rightholders whose rights 
it represents, in accordance with the general investment and risk management policy with 
regard to rights revenue and to any income arising 
from the investment of rights revenue referred to in Article 159c paragraph (2) subparagraphs 5 and 
7 of this Act  and having regard to the following 
rules : 
– where there is any potential conflict of interest, 
the collective management organisation shall 
ensure that the investment is made in the sole 
interest of those rightholders ; 
– the assets shall be invested in order to ensure 
the security, quality, liquidity and profitability of the 
portfolio as a whole; and  
– the assets shall be properly diversified in order 
to avoid excessive reliance on any particular asset 
and accumulations of risks in the portfolio as a 
whole.«.  
 
Article 
20 
The heading above Article  166 shall be amended 
to read: » DISTRIBUTION OF RIGHTS 
REVENUE«.  
 
Article 21 
In Article  166 paragraph (1) the words : »collected 
remunerations « shall be replaced by : »rights 
revenue «. 
In paragraph ( 2) the words : » collected 
remunerations « shall be replaced by : »rights 
revenue «. 
 
Article 22 
The heading above Article  167 shall be amended 
to read: » GENERAL POLICY ON DISTRIBUTION 
OF AMOUNTS DUE TO RIGHTHOLDERS «. 
Article  167 shall be amended to read:  
»(1) A collective management organisation shall 
regularly, diligently and accurately distribute and 
pay amounts due to right holders in accordance 
with the general policy on distribution referred to in 
Article 159c paragraph (2) subparagraph 3 of this 
Act. 
(2) The general policy on distribution of amounts 
due to rightholders referred to in Article 159c paragraph ( 2) subparagraph 3 of this Act shall 
contain in particular provisions concerning:  
– subject matter of protection and rightholders 
which the general policy  on distribution of amounts 
due to rightholders appl ies to, 
– determination of a share of a particular 
rightholder in collected rights revenue, which may 
stimulate the subject matters of protection of a particular value for culture and national creativity , 
– determination of amounts to be paid after the  
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deduction of cost incurred in managing of the 
right, the allocation f or funds envisaged by law, 
the statute of the organisation or by international 
contracts on mutual representation of collective 
management organisations, and  
– terms of accounting and payment of distributed 
amounts due to rightholders . 
(3) Contracts on dis tribution concluded between 
the rightholders of the same work shall override 
the general policy on distribution of amounts due to rightholders . 
(4) A collective management organisation or its 
members who are entities representing 
rightholders shall pay due amounts to rightholders 
as soon as possible but no later than nine months from the end of this financial year in which the 
rights revenue was collected, unless objective 
reasons relating in particular to reporting by users, 
identification of rights, right holders or matching of 
information on works and other subject matters  of 
related rights with rightholders prevent that 
deadline from being met . 
(5) Where the due amounts cannot be distributed 
within the deadline set in paragraph (4) of this 
Article because the relevant rightholders cannot 
be identified or located, the exception to that 
deadline referred to in paragraph (4) of this Article 
shall not apply, and those amounts shall be kept 
separate in the accounts of the collective management organisation.  
(6) The collective management organisation shall 
take all necessary measures  to identify and locate 
the rightholders. In particular, at the latest three 
months upon expiry of the deadline set in 
paragraph (4) of this Article, the collective management organis ation shall make available 
information on works and subject matters of 
related rights for which one or more rightholders 
have not been identified or located to : 
– the rightholders that it represents or the entities 
representing rightholders, who are member s of 
the collective management organisation; and  
– all collective management organisations with 
which it has concluded representation agreements . 
The information shall include, where available, in 
particular : 
– the title of the work or the subject matter of 
related rights ; 
– the name of the rightholder ; 
– the name of the relevant publisher or producer; 
and 
– any other relevant information available which 
could assist in identifying the rightholder . 
The collective management organisation shall 
also verify the records referred to in Article 159a 
paragraph (4) of this Act and other available 
records . If the abovementioned measures fail to 
produce results, the collective management organisation shall make the information on the 
failure of identifying and locatin g the rightholder 
available to the public at the latest one year upon  
  
expiry of the three- month period.  
(7) Where the amounts due to rightholders cannot 
be distributed after three years from the end of the financial year in which the collection of the righ ts 
revenue occurred, and provided that all necessary measures to identify and locate the rightholder have been taken, those amounts shall be deemed 
non-distributable . 
(8) The general assembly of members of a 
collective management organisation shall decide 
on the use of the non- distributable amounts in 
accordance with the policy referred to in Article 
159c paragraph (2) subparagraph 4 of this Act, 
without prejudice to the right of rightholders to 
claim due amounts in accordance with the statute 
of limitation s of three years . 
(9) General statement of account regarding 
distribution shall be established by a competent body of a collective management organisation, 
and audited and evaluated by an authorised 
auditor . 
(10) A collective management organisation shall 
deliver its statement of account regarding 
distribution referred to in paragraph (9) of this 
Article  to the Office within 15 days upon receipt of 
the audit report .«. 
 
Article 
23 
The heading above Article 167a shall be amended 
to read: » MANAGEMENT FEES AND O THER 
DEDUCTIONS  AND PROMOTION OF 
CREATIVITY AND CULTURAL DIVERSITY «. 
Article  167a shall be amended to read:  
»(1) A collective management organisation shall 
provide the rightholder with information on 
management fees and other deductions from the rights rev enue and from any income arising from 
the investment of rights revenue, before obtaining his consent to its managing his rights . 
(2) Management fees shall not exceed the actual 
and justified costs incurred by managing the 
rights . Management fees shall be d ocumented in 
compliance with the best accounting standards . 
(3) A collective management organisation may 
decide, in addition to management fees in total 
provided by paragraph (2) of this Article, to spend 
maximum 3% of the rights revenue in total on 
measur es against piracy and counterfeiting and 
other measures intended to raise awareness of 
the value of copyright and related rights . 
(4) A collective management organisation shall 
provide for, in the powers of attorney for 
representation given by their member s, and in 
international reciprocity agreements, allocations to 
the fund intended to enhance  the respective 
artistic and cultural creativity of predominantly 
non-commercial nature and cultural diversity in the 
respective artistic and cultural fields. The 
revenues of the fund shall not be used for other 
purposes.  Allocations to the aforementioned fund 
cannot exceed 10% of the rights revenue in total,  
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unless it is a matter of the rights revenue collected 
from remunerations for reproduction for private or 
other  personal use referred to in Article 32, Article 
128, paragraph (1), Article 136, Article 141 and 
Article 145 paragraph (1) of this Act , in which case 
the allocations to the aforementioned fund cannot 
exceed 30% of the remunerations in total . 
(5) All deduc tions from the rights revenue to the 
funds prescribed by this Act or the statute of a 
collective management organisation shall be reasonable in relation to the services provided by 
the collective management organisation to 
rightholders, including the servi ces referred to in 
paragraph (6) of this Article, and shall be 
established on the basis of objective criteria.  
(6) Where a collective management organisation 
provides social, cultural or educational services 
funded through deductions from rights revenue or  
from any income arising from the investment of 
rights revenue, such services shall be provided on 
the basis of fair criteria, in particular as regards 
access to, and the extent of, those services .«. 
 
Article 
24 
After Article  167a , Article  167b and the head ing 
above it  shall be added to read:  
»Distribution , management fees  and deductions  
under representation agreements  
 
Article 167b 
(1) The collective management organisation shall 
regularly, diligently and accurately distribute and pay amounts due to other collective management 
organisations it represents under representation 
agreements . 
(2) A collective management organisation shall 
not make deductions, other than in respect of 
management fees, from the rights revenue 
derived from the rights it manages on the basis of 
a representation agreement, or from any income 
arising from the investment of that rights revenue, 
unless the other collective management 
organisation that is party to the representation agreement expressly consents to such 
deductions . 
(3) The collective management organisation shall 
carry out such distribution and payments to the 
other collective management organisation it 
represents under representation agreements as 
soon as possible but not later than nine months from the end of the financial y ear in which the 
rights revenue was collected, unless objective reasons relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works and subject matters of 
related rights with rightholders prevent  the 
collective management organisation from meeting 
that deadline.  
(4) A collective management organisation or its 
members who are entities representing 
rightholders shall pay due amounts they received  
  
from another collective management organisation 
under  representation agreement to rightholders as 
soon as possible but no later than six  months from 
the end of this financial year in which the rights revenue was collected, unless objective reasons 
relating in particular to reporting by users, identification of rights, rightholders or matching of 
information on works and other subject matters of 
related rights with rightholders prevent that 
deadline from being met .«. 
 
Article 
25 
Above the heading of Article 168, the heading of 
chapter shall be added to read: » Chapter  6 
TRANSPAREN CY AND REPORTING «. 
The heading above Article  168 shall be amended 
to read: » INFORMATION PROVIDED TO 
RIGHTHOLDERS ON THE MANAGEMENT OF 
THEIR RIGHTS «. 
Article  168 shall be amended to read:  
(1) A collective management organisation shall 
make available, not less than once a year, to 
rightholders to whom it has attributed rights 
revenue or made payments in the period to which 
the information relates, at least the following 
information:  
a) any contact details which the rightholder has 
authorised the collective management organisation to use in order to identify and locate the rightholder ; 
b) the rights revenue attributed to the rightholder ; 
c) the amounts paid by the collective management 
organisation to the rightholder per category of 
rights managed and per type of use;  
d) the period during which the use took place for 
which amounts were due to be attributed and paid to the rightholder, unless objective reasons 
relating to reporting by users prevent the collective 
management organisation from doing so;  
e) deductions made in respect of management 
fees; 
f) deductions made for any purpose other than in 
respect of management fees, including those for the provision of any cultural, social and educational services, and   
g) any rights revenue attributed to the rightholder 
which is outstanding for any period . 
(2) Where a collective management organisation 
has as members entities which are responsible for 
the distribution of rights revenue to rightholders, 
the collective management organisation shall provi de the information listed in paragraph (1) of 
this Article to those entities, if they do not have that information in their possession. In this case, 
these entities shall make this information 
available, not less than once a year, to 
rightholders to whom t hey have attributed rights 
revenue or made payments in the period to which 
the information relates .«. 
 
 
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Article 26 
After Article  168, Articles  168a, 168b, 168c and 
168d and headings above them , Chapter  7 with 
Articles  168e, 168f, 168g, 168h, 168i, 168j, 168k , 
168l, 168m, 168n and 168o and headings above 
them , Chapter  8 with Articles  168p, 168r, 168s, 
and 168t and headings above them shall be 
added to read : 
»Information provided to other collective 
management organisations on the management of 
rights under representation agreements  
 
Article 168a 
A collective management organisation shall make 
at least the following information available, not 
less than once a year and by electronic means, to 
collective management organisations on whose 
behalf it manages rights under a representation 
agreement, for the period to which the information relates : 
a) the rights revenue attributed, the amounts paid 
by the collective management organisation per category of rights managed, and per type of use, for the rights it manages under the representation 
agreement, and any rights revenue attributed 
which is outstanding for any period ; 
b) deductions made in respect of management 
fees; 
c) deductions made for any purpose other than in 
respect of management fees , including those for 
the provision of any cultural, social or educational services ; 
d) information on any licences granted or refused 
with regard to works and other subject  matter 
covered by the representation agreement , and 
e) resolutions adopted by the general assembly of 
members  of the collective management 
organisation in so far as those resolutions are 
relevant to the management of the rights under 
the representation agreement . 
Information provided to rightholders, other 
collective management organisations and users on request  
 
Article 
168b 
In response to a duly justified request  by any 
rightholder, any other collective management 
organisation on whose behalf it manages rights 
under a representation agreement or any user , a 
collective management organisation shall make at 
least t he following information available by 
electronic means and without undue delay : 
a) the works or other subject  matter it represents, 
the rights it manages, directly or under representation agreements, and the territories 
covered; or  
b) where, due to the scope of activity of the 
collective management organisation, such works or other subject  matter cannot be determined, the 
types of works or of other subject  matter it 
represents, the rights it manages and the  
  
 
territories covered.  
 
Disclosu re of information to the public  
 
Article 
168c 
A collective management organisation shall make 
public on its website and continuously update at 
least the following information:  
a) its statute ; 
b) its membership terms and the terms of 
termination of authorisation to manage rights , if 
these are not included in the statute;  
c) standard licensing contracts ; 
d) standard applicable tariffs, including discounts ; 
e) the list of the persons referred to in Article 159e 
of this Act ; 
f) its general policy on distribution of amounts due 
to rightholders ; 
g) its general policy on management fees ; 
h) its general policy on deductions, other than in 
respect of management fees, from rights revenue and from any income arising from the investment of rights revenue, including deductions for the 
purposes of social, cultural and educational 
services ; 
i) a list of the representation agreements it has 
entered into, and the names of the collective 
management organisations with which those representation agreements have been concluded ; 
j) the general policy on the use of non- distributable 
amounts; and  
k) the complaint handling and dispute resolution 
procedures available in accordance with Articles 
168p, 168r and 168s of this Act . 
 
Annual transparency report  
 
Article 168d 
(1) A collective management organisation shall 
draw up and make public an annual transparency report  on its website, including the special report 
referred to in paragraph ( 3) of this Article , for each 
financial year no later than eight months following the end of that financial year . The annual 
transparency report publish ed on the website shall 
remain available to the public on that website for 
at least five years . 
(2) The annual transparency report shall contain at 
least the following information:  
a) financial statements comprising a balance-
sheet or a statement of assets and liabilities, an income and expenditure account for the financial year and a cash- flow statement ; 
b) a report on the activities in the financial year ; 
c) information on refusals to grant a licence 
pursuant to Article 160 paragraph (2) of this Act ; 
d) a description of the legal and governance 
structure of the collective management organisation;  
e) information on any entities directly or indirectly  
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owned or controlled, wholly or in part, by the 
collective management organisation;  
f) information on the total amount of remuneration 
paid to the persons referred in Article 159d 
paragraph (3) and Article 159e of this Act  in the 
financial  year reported , and on other benefits 
granted to them ; 
g) the financial information referred to in 
paragraph ( 3) of this Article; and  
h) a special report on the use of any amounts 
deducted for the purposes of social, cultural and educational services, containing the information 
referred to in paragraph (4) of this Article . 
(3) At least the following f inancial information is  be 
provided in the annual transparency report : 
a) financial information on rights revenue, per 
category of rights managed and per type of use 
(e.g. broadcasting, online, public performance), 
including information on the income arising from the investment of rights revenue and the use of 
such income (whether it is distributed to 
rightholders or other collective management 
organisations, or otherwise used) ; 
b) financial information on the cost of rights 
management and other services provi ded by the 
collective management organisation to rightholders, with a comprehensive description of 
at least the following items : 
– all operating and financial costs, with a 
breakdown per category of rights managed and, where costs are indirect and cannot be attributed 
to one or more categories of rights, an explanation 
of the method used to allocate such indirect costs ; 
– operating and financial costs, with a breakdown 
per category of rights managed and, where costs are indirect and cannot be attributed to one or 
more categories of rights, an explanation of the 
method used to allocate such indirect costs and 
only with regard to the management of rights, 
including management fees deducted from or 
offset against rights revenue or any income arising from the inv estment of rights revenue in 
accordance with Article 165b paragraph (3) and 
Article  167a paragraphs (1), (2) and (3) of this Act ; 
– operating and financial costs with regard to 
services other than the management of rights, but 
including social, cultural an d educational services ; 
– resources used to cover costs  of rights 
management ; 
– deductions made from rights revenues, with a 
breakdown per category of rights managed and 
per type of use and the purpose of the deduction, 
such as costs relating to the management of rights 
or to social, cultural or educational services ; and  
– the percentages that the cost of the rights 
management and other services provided by the 
collective management organisation to 
rightholders represents compared to the rights 
revenue in t he relevant financial year, per 
category of rights managed, and, where costs are 
indirect and cannot be attributed to one or more  
 
  
categories of rights, an explanation of the method 
used to allocate such indirect costs ; 
c) financial information on amounts due to 
rightholders, with a comprehensive description of at least the following items : 
– the total amount attributed to rightholders, with a 
breakdown per category of rights managed and 
type of use;  
– the total amount paid to rightholders, with a 
breakdown per category of rights managed and 
type of use;  
– the frequency of payments, with a breakdown 
per category of rights managed and per type of use; 
– the total amount collected but not yet attributed 
to rightholders, with a breakdown per category of rights m anaged and type of use, and indicating the 
financial year in which those amounts were 
collected;  
– the total amount attributed to but not yet 
distributed to rightholders, with a breakdown per category of rights managed and type of use, and indicating the f inancial year in which those 
amounts were collected;  
– the reasons for the delay  where a collective 
management organisation has not carried out the 
distribution and payments within the deadline set 
in Article 167 paragraph (4) of this Act ; 
– the total non- distributable amounts, along with 
an explanation of the use to which those amounts have been put ; 
d) financi al information on relationships with other 
collective management organisations, with a description of at least the following items : 
– amounts receiv ed from and paid to other 
collective management organisations, with a breakdown per category of rights, per type of use 
and per organisation;  
– management fees and other deductions from the 
rights revenue due to other collective 
management organisations, w ith a breakdown per 
category of rights, per type of use and per 
organisation;  
– management fees and other deductions from the 
amounts paid by other collective management 
organisations, with a breakdown per category of 
rights, per type of use and per organi sation ; 
– amounts distributed directly to rightholders 
originating from other collective management organisations, with a breakdown per category of rights and per organisation.  
(4) A special report of the collective management 
organisation shall provide at  least the following 
information on the use of the amounts deducted 
for the purposes of social, cultural and educational services : 
a) the amounts deducted for the purposes of 
social, cultural and educational services in the financial year, with a breakdown per type of 
purpose and, for each type of purpose, with a 
breakdown per category of rights managed and  
 
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per type of use;  
b) an explanation of the use of those amounts, 
with a breakdown per type of purpose including the costs of managing amounts deducted to fund 
social, cultural and educational services and of the separate amounts used for social, cultural and educational services ; and  
c) the amounts as referred in Article  167a 
paragraph (3) of this Act . 
(5) The accounting information included in the 
annual transparency report shall be audited by 
one or more persons empowered by the Audit Act. 
The audit report, including any qualifications 
thereto, shall be reproduced in full in the annual 
transparency report . Accounting information shall 
comprise the financi al statements referred to in 
paragraph (2) point  a) of this Article , financial 
information referred to in paragraph (2) points  g) 
and h) of this Article , and financial information 
referred to in paragraph ( 3) of this Article . 
 
Chapter 7 
MULTI -TERRITORIAL LI CENSING OF ONLINE 
RIGHTS IN MUSICAL WORKS  
Multi-territorial licensing in the internal market  of 
the European Union  
 
Article 168e 
Collective management organisations established 
in the Republic of Croatia  shall comply with the 
requirements of this Chapter of  this Act when 
granting multi -territorial licences for online rights in 
musical works  within the European Union  
(hereinafter : multi- territorial licences ). 
 
Capacity to process multi -territorial licences  
 
Article 168f 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall have sufficient capacity to process electronically, in an efficient and transparent manner, data needed for the 
administration of such licences, including for the 
purposes of identifying the repertoire and 
monitoring its use, invoicing users, collecting rights revenue and distributing amounts due to 
rightholders . 
(2) For the purposes of paragraph (1) of this 
Article, a collective management organisation 
shall comply, at least, with the following 
conditions : 
– to have the ability to identify accurately the 
musical works, wholly or in part, which the 
collective management organisation is authorised 
to represent ; 
– to have the ability to identify accurately, wholly 
or in part, with respect to each relevant territory, 
the rights and their corresponding rightholders ; 
  
– to make use of unique identifiers in order to 
identify rightholders and musical works, taking into 
account, as far as possible, voluntary industry 
standards and practic es developed at international 
or the European Union level;  and 
– to make use of adequate means in order to 
identify and resolve in a timely and effective 
manner inconsistencies in data held by other 
collective management organisations granting 
multi- territorial licences for online rights in musical 
works . 
Transparency of multi -territorial repertoire 
information 
 
Article 
168f 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall provide to online service 
providers, to rightholders whose rights it 
represents and to other collective management 
organisations, by electronic means, in response to 
a duly justified request, up- to-date information 
allowing the identification of the online music 
reper toire it represents. This shall include : 
– the musical works represented;  
– the rights represented wholly or in part; and  
– the territories covered . 
(2) where necessary , The collective management 
organisation may take reasonable measures  
protect the accuracy and integrity of the data, to 
control their reuse and to protect commercially sensitive information.  
 
Accuracy of multi -territorial repertoire information  
 
Article 
168h 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall have in place arrangements to enable rightholders, other collective management organisations and online service providers to 
request a correction of the data referred to in 
Article 168f paragraph (2) and Article 168g of this 
Act, where such data, on the basis of reasonable 
evidence submitted with a request, prove to be 
inaccurate. Where the claims are sufficiently 
substantiated, the collective management 
organisation shall ensure that such data are 
corrected without undue delay . 
(2) The collective management organisation shall 
provide rightholders whose musical works are 
included in its own music repertoire and 
rightholders who have entrusted the management of their online rights in musical works to it in 
accordance with A rticle 168m of this Act  with the 
means of submitting to it in electronic form 
information concerning their musical works, their 
rights in those works and the territories in respect 
of which the rightholders authorise the organisation. When doing so, the co llective 
management organisation and the rightholders  
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shall take into account, as far as possible, 
voluntary industry standards or practices 
regarding the exchange of data developed at 
international or Union level, allowing rightholders 
to specify the musi cal work, wholly or in part, the 
online rights, wholly or in part, and the territories in 
respect of which they authorise a collective 
management organisation.  
(3) Where a collective management organisation 
mandates another collective management 
organisati on to grant multi -territorial licences for 
the online rights in musical works under Articles 168k and 168l of this Act , the mandated collective 
management organisation shall also apply 
provisions under paragraph 2 of this Article with 
respect to the rightholders whose musical works 
are included in the repertoire of the mandating 
collective management organisation, unless the 
collective management organisations agree otherwise.  
 
Accurate and timely reporting and invoicing  
 
Article 
168i 
(1) A collective managem ent organisation shall 
monitor the use of online rights in musical works 
which it represents, wholly or in part, by online 
service providers to which it has granted a multi -
territorial licence for those rights . 
(2) The collective management organisation shall 
offer online service providers the possibility of reporting by electronic means the actual use of 
online rights in musical works and online service 
providers shall accurately report the actual use of those works. The collective management 
organisation shall offer the use of a least one 
method of reporting which takes into account 
voluntary industry standards or practices developed at international or Union level for the 
electronic exchange of such data. The collective 
management organisation may refuse to accept 
reporting by the online service provider in a 
proprietary format if the organisation allows for 
reporting using an industry standard for the electronic exchange of data . 
(3) The collective management organisation shall 
invoice the online service provider by electronic 
means. The collective management organisation 
shall offer the use of a least one format which 
takes into account voluntary industry standards or 
practices developed at international or Union 
level. The invoice shall identify the work s and 
rights which are licensed, wholly or in part, on the 
basis of the data referred to in the list of conditions 
under Article 168f paragraph (2) of this Act  and 
the corresponding actual uses, to the extent that 
this is possible on the basis of the infor mation 
provided by the online service provider and the 
format used to provide that information. The online 
service provider may not refuse to accept the invoice because of its format if the collective  
  management organisation is using an industry 
standard.  
(4) The collective management organisation shall 
invoice the online service provider accurately and without delay after the actual use of the online 
rights in that musical work is reported, except where this is not possible for reasons attributable 
to the online service provider . 
(5) The collective management organisation shall 
have in place adequate arrangements enabling 
the online service provider to challenge the 
accuracy of the invoice, including when the online 
service provider receives invoices from one or more collective management organisations for the 
same online rights in the same musical work . 
 
Accurate and timely payment to rightholders  
 
Article 
168j 
(1) A collective management organisation which 
grants multi -territorial licences for online rights in 
musical works shall distribute  amounts due to 
rightholders accruing from such licences 
accurately and without delay after the actual use 
of the work is reported, except where this is not 
possible for reasons attributable to the user (the online service provider ). 
(2) Together  with each payment it makes under 
paragraph ( 1) of this Article,  the collective 
management organisation shall provide at least 
the following information to the rightholder : 
– the period during which the uses took place for 
which amounts are due to rightholders and the 
territories in which the uses took place;  
– the amounts collected, deductions made and 
amounts distributed by the collective management organisation for each online right in any musical 
work which the rightholder has aut horised such 
collective management organisation, wholly or in 
part, to represent, and  
– the rights revenue collected for such rightholder, 
deductions made, and amounts distributed by the 
collective management organisation in respect of 
each user (online service provider ). 
(3) Where a collective management organisation 
mandates another collective management 
organisation to grant multi -territorial licences for 
the online rights in musical works on its behalf and for its account under Articles 168k and 168l of this 
Act, mandated collective management 
organisation shall distribute the amounts referred to in paragraph ( 1) of this Article  accurately and 
without delay, and shall provide the information referred to in paragraph  (2) of this Article  to the 
mandating c ollective management organisation. In 
this case, the mandating collective management organisation shall be responsible for the subsequent distribution of such amounts and the 
provision of such information to rightholders, 
unless the collective management organisations agree otherwise.  
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Agreements between collective management 
organisations for multi -territorial licensing  
 
Article 168k 
(1) Representation agreements between collective 
management organisations whereby a collective 
management organisation mandates another 
collective management organisation to grant multi -
territorial licences for the online rights in musical 
works in its own music repertoire is of a non-exclusive nature. The mandated collective 
management organisation shall manage those 
online rights on a non- discriminatory basis . 
(2) The mandating collective management 
organisation as referred to in paragraph (1) of this 
Article shall inform its members of the main terms 
of the agreement, including its duration and the 
costs of the services provide d by the mandated 
collective management organisation.  
(3) The mandated collective management 
organisation as referred to in paragraph (1) of this 
Article shall inform the mandating collective 
management organisation of the main terms 
according to which the latter’s online rights are to 
be licensed, including the nature of the 
exploitation, all provisions which relate to or affect 
the licence fee, the duration of the licence, the accounting periods and the territories covered.  
 
Obligation to represent another  collective 
management organisation for multi -territorial 
licensing  
 
Article 
168l 
Where a collective management organisation 
which does not grant or offer to grant multi -
territorial licences for the online rights in musical works in its own repertoire requests another 
collective management organisation to enter into a 
representation agreement to represent those 
rights, the requested collective management 
organisation is required to agree to such a request 
if it is already granting or offering to grant multi -
territorial licences for the same category of online 
rights in musical works in the repertoire of one or 
more other collective management organisations . 
 
Article 
168m 
(1) The requested collective management 
organisation as referred to in Article 168l of thi s 
Act shall respond to the requesting collective 
management organisation in writing and without 
undue delay . 
(2) The requested collective management 
organisation as referred to in Article 168l of this 
Act shall manage the represented repertoire of the 
requesting collective management organisation on 
the same conditions as those which it applies to 
the management of its own repertoire and include 
the represented repertoire of the requesting 
collective management organisation in all offers it  
  
addresses to onl ine service providers . 
(3) The management fee for the service provided 
by the requested collective management organisation to the requesting organisation as 
referred to in Article 168l of this Act shall not 
exceed the costs reasonably incurred by the 
requested collective management organisation.  
(4) The requesting collective management 
organisation as referred to in Article 168l of this 
Act shall make available to the requested 
collective management organisation all information relating to its own music repertoire required for the provision of multi -territorial 
licences for online rights in musical works. Where 
information is insufficient or provided in a form that 
does not allow the requested collective 
management organisation to meet the 
requirements of this Chapter , the requested 
collective management organisation shall be 
entitled to charge for the costs reasonably 
incurred in meeting such requirements or to 
exclude those works for which information is insufficient or cannot be used.  
 
Access to multi -territorial licensing  
 
Article 
168n 
Where a collective management organisation does not grant or offer to grant multi -territorial 
licences for online rights in musical works or does 
not allow another collective management 
organisation to represent those rights f or such 
purpose by 31 December 2017, rightholders who 
have authorised that collective management 
organisation to represent their online rights in 
musical works can withdraw from that collective 
management organisation the online rights in 
musical works for  the purposes of multi -territorial 
licensing in respect of all territories without having 
to withdraw the online rights in musical works for 
the purposes of mono- territorial licensing on the 
territory of the Republic of Croatia, so as to grant 
multi- territorial licences for their online rights in 
musical works themselves individually 
(personally), through a specialised legal person or 
through another collective management 
organisation.  
 
Derogation for online music rights required for 
radio and television programmes  
 
Article 
168o 
The requirements under this Chapter  of this Act 
shall not apply to collective management 
organisations when they grant, on the basis of the 
voluntary aggregation of the required rights, in compliance with the competition rules under 
Articles 101 and 102 TFEU, a multi -territorial 
licence for the online rights in musical works 
required by a broadcaster to communicate or 
make available to the public its radio or television  
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programmes simultaneously with or after their 
initial broadcast as well as any online material, 
including previews, produced by or for the 
broadcaster which is ancillary to the initial 
broadcast of its radio or television programme.  
 
Chapter 8  
ENFORCEMENT MEASURES  
Complaints procedures  
 
Article 168p 
(1) Collective management organisations shall lay 
down for  their members, and for  collective 
management organisations on whose behalf they 
manage rights under a representation agreement, 
effective and timely procedures for dealing with complaints, particularly in relation to authorisation 
to manage rights and termination or withdrawal of 
rights, membership terms, the collection of amounts due to rightholders, deductions and 
distributions . 
(2) A collective management organisation shall 
respond in writing to complaints by members or  by 
collective management organisations on whose 
behalf they manage rights under a representation 
agreement  as referred to in paragraph (1) of this 
Article and in case of reject ing a complaint, it shall 
give reasons . 
 
Dispute resolution between a collective  
management organisation and users  
 
Article 
168r 
Disputes between a collective management 
organisation and a user concerning their 
relationship, and in particular existing and 
proposed licensing conditions or a breach of contract, can be submitted to an arbitration court 
with expertise in intellectual property law in 
compliance with arbitration regulations or to a 
competent court in compliance with civil 
procedure.  
 
Alternative dispute resolution procedures 
concerning multi -territorial licensing of rights in 
musical works for online use 
 
Article 
168s 
(1) For the purposes of implementing the 
provisions under Chapter 7 of this Act  (Multi -
territorial licensing of online rights in musical 
works ), the following disputes relating to a 
collective management organisati on which grants 
multi- territorial licences for online rights in musical 
works, established in the Republic of Croatia, can be submitted to an arbitration court in compliance 
with arbitration regulations : 
a) disputes with an actual or potential online 
servi ce provider regarding the application of 
Articles 160, 168g, 168h and 168i of this Act ; 
  b) disputes with one or more rightholders 
regarding the application of Articles 168g, 168h, 
168i, 168j, 168k, 168l and 168m of this Act ; 
c) disputes with another collec tive management 
organisation regarding the application of Articles 168g, 168h, 168i 168j 168k and 168m of this Act . 
(2) The parties in dispute as referred to in 
paragraph (1) of this Article may request the 
Council of Experts for the opinion on the subject  
matter of disagreement . The provision of the 
opinion shall be appropriately subject to the provisions as referred to in Article 162 paragraph 
(6) of this Act . 
 
Protection of personal data  
 
Article 
168t 
The processing of personal data carried out within 
the framework of this Act shall be subject to the 
application of the act providing for personal data 
protection.«.  
 
Article 27 
Article  169 shall be amended to read:  
»(1) The Office shall grant authorisations to the 
organisations referred to in Article 157 of this Act . 
(2) The Office shall keep the records of the 
collective management organisations on the 
territory of the Republic of Croatia.  
(3) The Office conducts inspection of the work of 
the collective management organisations 
established in the Republic of C roatia in terms of 
performing the activity in compliance with this Act . 
(4) As to the operation of collective management 
organisations managing the rights on the territory 
of the Republic of Croatia, but established in other Member States of the European U nion, the Office 
conducts inspection of their work in compliance with corresponding regulations of that Member State having incorporated the Directive  
2014/26/EU. Inspection is conducted pursuant to 
Article  170 paragraph (2) b) of this Act  and as 
provided by Article  171a of this Act . 
(5) The Office shall revoke the authorisation 
referred to in paragraph (1) of this Article by a 
decision,  if a collective management organisation 
established in the Republic of Croatia ceased to 
comply with the prescribed criteria of managing 
the rights or if it seriously and repeatedly violated 
the provisions  of this Act . In such case, prior 
notice in writing shall be given to the collective 
management organisation by the Office, and the 
Office shall set an appropriate time lim it for the 
collective management organisation to eliminate 
the found irregularities . This provision shall be 
accordingly applied in compliance with the provisions of Article 171a to the collective 
management organisations established in another 
Member Stat e of the European Union, and 
collectively managing the rights on the territory of 
the Republic of Croatia.  
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(6) The decision as referred to in paragraph (5) of 
this Article cannot be appealed, but it can be 
submitted to an administrative dispute resolution . 
(7) A decision on the grant of the authorisation for 
collective management of rights to a collective 
management organisation as referred to in paragraph (1) of this Article and a decision of 
revocation of such authorisation shall be 
published in the Offic ial Gazette of the State 
Intellectual Property Office.  
(8) The Minister responsible for the operation of 
the Office shall enact the Regulations on 
Professional Criteria and Procedure of Granting 
Authorisations for  Collective Management of 
Rights and Remunerations for Operation of the Council of Experts .«. 
 
Article 
28 
Above Article  170, the heading of chapter shall be 
added to read: » Chapter  9 SUPERVISION OF 
COLLECTIVE MANAGEMENT OF RIGHTS«.  
Article  170 shall be amended to read:  
»(1) When conducting the inspection, an employer 
of the Office responsible for carrying out 
inspection procedure (hereinafter : the inspector ) 
shall be authorised to require insight in the 
documents and business records regarding the 
collective management of rights . 
(2) Inspection of the operation of collective 
management organisations can be regular and 
special, whereby : 
a) regular inspection shall be conducted 
periodically, usually once a year ; 
b) special inspection can be conducted upon a 
duly justified request by members of a collect ive 
management organisation, users, another 
collective management organisation or another 
person legally interested in such inspection in order to warn of the actions or circumstances that 
represent, in the opinion of the requester, violation  
of this Act  concerning collective management of 
rights, or it can be conducted ex officio  if the 
Office in any way becomes aware of potential 
irregularities in the operation of a collective 
management organisation.  
(3) If during the inspection the inspector finds that 
a collective management organisation established 
in the Republic of Croatia manages the rights 
contrary to the issued decision or contrary to the 
provisions  of this Act , he shall order such 
deficiencies and irregularities to be eliminated 
within a certain time limit . 
(4) If the deficiencies and irregularities  are not 
eliminated within the prescribed time limit as 
referred to in paragraph (3) of this Article and if a 
collective management organisation established in 
the Republic of Croatia keeps managing the rights 
contrary to the requirements as prescribed or if it 
seriously and repeatedly violates the provisions  of 
this Act , the  inspector shall pass a decision on 
revoking the authorisation referred to in Article   
  
169 paragraph (1) of this Act . 
(5) The decisi on as referred to in paragraphs  (3) 
and (4) of this Article cannot be appealed, but it 
can be submitted to an administrative dispute 
resolution . 
(6) The provision referred to in paragraph (3) of 
this Article shall be accordingly applied in compliance with the provisions of Article 171a to 
the collective management organisations 
established in another Member State of the 
European Union, and collectively managing the 
rights on the territory of the Republic of Croatia.  
(7) Where a collective management organis ation 
is registered as an association, the inspector shall 
inform the state administration office keeping the 
registration records of associations about the 
measures undertaken as referred to in paragraphs 
(3) and (4) of this Article.  
(8) The inspector  has the right to participate in the 
general assembly as referred to in Article 159c of 
this Act  with no voting right . The collective 
management organisation shall timely notify the 
Office about the place and time of the general 
assembly to be held.«.  
 
Article 
29 
Article  171 shall be amended to read:  
»The Office shall perform professional, technical 
and administrative activities related to the establishment and operation of the Council of 
Experts and other activities within its competence 
in this field .«. 
 
Article 
30 
After Article  171, Article  171a and the heading 
above it and Chapter  10 and Articles  171b, 171c 
and 171d as well as headings above them  shall be 
added to read : 
»Cooperation with competent authorities in other 
Member States of the European Union and the 
European Commission 
 
Article 171a 
(1) The Office shall  provide a reply within an 
appropriate time limit to the request for delivery of 
information on the application of Directive 
2014/26/EU, including in particular the information 
on the activities of col lective management 
organisations established in the Republic of Croatia, received from the authorities of a Member 
State of the European Union designated by a 
corresponding regulation of that State to supervise 
the operation of collective management 
organi sations. The Office shall not reply to 
insufficiently justified requests . 
(2) Where the Office considers that a collective 
management organisation established in another Member State of the European Union but acting 
within the territory of the Republic of Croatia may 
not be complying with the provisions of the 
national law of that Member State which have  
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been adopted pursuant to the requirements laid 
down in Directive 2014/26/EU, it may transmit all 
relevant information to the competent authority of 
the Mem ber State designated by a corresponding 
regulation of that State to supervise the operation of collective management organisations . Where 
appropriate, the Office may accompany the 
information by a request to that authority to take 
appropriate action within  its competence.  
(3) Where the Office received the request  referred 
to in paragraph (2) of this Article from the authority 
designated by a corresponding regulation of a 
Member State of the European Union to supervise 
the operation of collective management 
organisations , it shall provide a reply within three 
months upon receipt of the request . 
(4) The request as  referred to in paragraph (2) of 
this Article  may also be referred by the Office to 
the expert group  composed of representatives of 
the competent aut horities of the Member States of 
the European Union, chaired by a representative of the European Commission.  
(5) The Office shall  provide a reply within an 
appropriate time limit to all the requests of the 
European Commission and cooperate with the 
European Commission for the development of 
multi- territorial licensing of online rights in musical 
works and fostering a regular exchange of all the relevant information between the European Commission and the Office, providing the 
European Commission with report s on the 
situation and development of multi -territorial 
licensing in the Republic of Croatia by 10 October  
2017, regular reporting on changes to the list of 
the collective management organisations 
established in the Republic of Croatia and  for the 
needs of the tasks to be performed by the expert 
group as referred to in paragraph 4 of this Article . 
 
Chapter 10  
INDEPENDENT MANAGEMENT ENTITIES  
Notification of collective management 
organisations  
 
Article 171b 
(1) An independent management entity  intending 
to collectively manage the rights on the territory of 
the Republic of Croatia shall notify this intention to 
the Office, regardless of its place of 
establishment . The written notification to the 
Office shall contain all the information on the types 
of rights and  the category and the number of 
rightholders  on behalf of whom it intends to 
manage the rights based on the authorisations 
granted. The Office may request such entity to 
provide other information as well (e.g. individual  
authorisations, identification of t he rightholders 
and the subject matters of protection under 
license ). 
(2) During its performance of collective 
management of rights, an independent  
  
management entity shall  regularly notify the Office 
of all the changes to the information referred to in 
paragraph (1) of this Article . 
(3) The complete correspondence between the 
Office and independent management entities 
collectively managing or intending to collectively manage copyright and related rights on the 
territory of the Republic of Croatia shall be i n 
Croatian and Latin transcription.  
(4) The Office shall keep records of independent 
management entities that collectively manage the 
rights on the territory of the Republic of Croatia.  
(5) Where the Office receives a justified request 
from any person havi ng legal interest therein or it 
becomes aware ex officio of the fact that  an 
independent management entity collectively 
manages rights on the territory of the Republic of 
Croatia without prior notification to the Office as referred to in paragraph (1)  of this Article , the 
Office may request this entity to provide 
information and documentation in order to 
determine if the collective management of rights is 
performed in compliance with the provisions  of this 
Act. 
 
Supervision of the operation of independent 
management entities and measures taken by the 
Office  
 
Article 
171c 
(1) Authorised inspectors of the Office conduct  the 
inspection of the operation of independent 
management entities established on the territory 
of the Republic of Croatia, in terms of activiti es 
performed in compliance with this Act . 
(2) The provision referred to in paragraph (1) of 
this Article shall be accordingly applied in compliance with the provisions of paragraph (3) b) 
of this Article and Article 171a of this Act to the 
independent  management entities  established in 
another Member State of the European Union, 
and collectively  managing the rights on the 
territory of the Republic of Croatia.  
(3) Inspection of the operation of independent 
management entities can be regular and special, 
wher eby: 
a) regular inspection shall be conducted 
periodically, usually once a year : 
b) special inspection can be conducted upon a 
duly justified request by a proxy  of an independent 
management entity , users, another collective 
management organisation or anoth er person 
legally interested in such inspection in order to warn of the actions or circumstances that 
represent, in the opinion of the requester, violation 
of this Act concerning collective management of 
rights, or it can be conducted ex officio  if the Office 
in any way becomes aware of potential irregularities in the operation of an independent 
management entity . 
(4) When conducting the inspection, an employer  
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of the Office responsible for carrying out 
inspection procedure shall be authorised to 
require insight in the documents and business 
records regarding the collective management of 
rights . 
(5) If during the inspection the inspector finds that 
an independent management entity established in 
the Republic of Croatia manages the rights 
contrary to the prov isions of this Act, he shall 
order such deficiencies and irregularities to be 
eliminated within a certain time limit.  This decision 
cannot be appealed, but it can be submitted to an administrative dispute resolution.  
(6) If the deficiencies and irregularit ies are not 
eliminated within the prescribed time limit as 
referred to in paragraph ( 5) of this Article, the 
inspector shall pass a decision on banning the 
operation of an independent management entity 
on the territory of the Republic of Croatia. This 
decision cannot be appealed, but it can be 
submitted to an administrative dispute resolution . 
 
Application of other provisions  of this Act  
 
Article 
171d 
The provisions  referred to in Article 162 paragraph 
(1), Articles  168 and 168b, Article 168c points a), 
b), c), f), g) and h), Article 168t and Article 171a of 
this Act shall be accordingly applied to the 
independent management entities .«. 
 
Article 31 
In Article  179 paragraph (1)  the word: 
»remuneration « shall be replaced by the word: 
»price «. 
 
Article 32 
After Art icle 192a , Article  192b and the heading 
above it shall be added to read:  
»Failure to provide information on request of a 
collective management organisation  
 
Article 192b 
(1) Any legal person which does not submit the 
information at its disposal upon request  of a 
collective management organisation, regarding the management of rights under this Act, as referred to in Article 161 paragraph (3) , shall be 
punished for a misdemeanour by a fine amounting 
from HRK  5,000. 00 up to 50,000.00. 
(2) A responsible person i n a legal person shall be 
punished for the misdemeanour referred to in 
paragraph (1)  of this Article  by a fine amounting 
from HRK 1 ,000.00 up to 5.000,00.  
(3) A natural shall be punished for the 
misdemeanour referred to in paragraph (1)  of this 
Article  by a fine amounting from HRK 1,000.00 up 
to 5.000,00.«.  
  
 
  
TRANSITIONAL AND FINAL PROVISIONS  
 
Article 
33 
A collective management association authorised 
by the rightholders to manage their rights, categories of rights and types of works or subject 
matters of relat ed rights up until this Act has 
entered into force, shall appropriately provide these rightholders with the information on their 
rights as referred to in Article 159 amended by 
Article  11 of this Act  no later than within eight days  
upon the Regulations  referred to in Article 35 
paragraph (1) point  1 of this Act  have entered into 
force.  
 
Article 
34 
(1) Any collective management association 
established in the Republic of Croatia shall coordinate its acts, internal organisation and its 
business with the provisi ons of this Act  no later 
than within four months  upon the Regulations  
referred to in Article 35 paragraph (1) point 1 of 
this Act have entered into force.  
(2) Within four months upon the Regulations  
referred to in Article 35 paragraph (1) point 1 of 
this A ct have entered into force, all collective 
management associations shall submit a request 
for authorisation with the State Intellectual 
Property Office as referred to in Article 8 of this 
Act and accompany it with all the documents and 
other business recor ds as evidence of their 
meeting the requirements for collective management of copyright and related rights as referred to under this Act . 
(3) All the authorisations granted by the State 
Intellectual Property Office for collective 
management of rights effec tive on the day of this 
Act entering into force shall remain in force up 
until the decision by the Office on the request referred to in paragraph (2) of this Article  has 
become enforceable if the request was submitted 
within a given time limit . In case that the request 
was not submitted within a given time limit, authorisations shall cease to be valid, which shall 
be specifically decided on by the Office within 
thirty days upon expiry of the time limit referred to 
in paragraph ( 2) of this Article . 
(4) Any t ariff of a collective management 
association valid on the day of  this Act entering 
into force shall remain in force.  
 
Article 35 
(1) Within 60 days upon this Act entering into 
force, the Minister  whose scope of activity 
includes the supervision of the operation of the State Intellectual Property Office shall coordinate 
the following regulations with the provisions of this 
Act: 
1. Regulations on Professional Criteria and 
Procedure of Granting A uthorisations for 
Collective Management of Rights and on  
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Remunerat ions for Operation of the Council of 
Experts  (»Official Gazette «, No. 72/04, 151/08 
and 90/13) and 
2. Regulations on Remunerations for Operation of 
the Council of Experts  (»Official Gazette «, No. 
24/06 and 148/08).  
(2) Regulations on Professional Criteria and 
Procedure of Granting Authorisations for 
Collective Management of Rights and on 
Remunerations for Operation of the Council of Experts (»Official Gazette «, No. 72/04, 151/08 
and 90/13) and Regulations on Remunerations for 
Operation of the Council of Experts (»Official 
Gazette «, No. 24/06 and 148/08) shall remain 
effective up until the regulations  coordinated as 
referred to in paragraph (1) of this Article have 
entered into force.  
 
Article 
36 
This Act shall enter into force on the eighth day 
following the day of its publication in the »Official 
Gazette «.