WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/HRV/C/2 
30 November 2010 
 (10-6445) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
CROATIA 
 The present document reproduces the text
1 of the Copyright and Related Rights Act and the 
Act on Amendments to the Copyright and Related Rights Act, as notified by Croatia on 26 July 2010 
under Article 63.2 of the Agreemen t (see document IP/N/1/HRV/2). 
 
 Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce   
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
CROATIE 
 Le présent document contient les textes
1 de la Loi sur le droit d'aute ur et les droits connexes et 
de la Loi portant modification de la  Loi sur le droit d'auteur et le s droits connexes, notifiées par la 
Croatie le 26 juillet 2010 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/HRV/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
CROACIA 
 En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor y Derechos 
Conexos y de la Ley por la que se modifica la Ley de Derecho de Autor y Derechos Conexos, que 
Croacia ha notificado el 26 de julio de 2010 en virt ud de lo dispuesto en el párrafo 2 del artículo 63 
del Acuerdo (véase el documento IP/N/1/HRV/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
  
   IP/N/1/HRV/C/2 
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COPYRIGHT AND RELA TED RIGHTS ACT 
 
   
And 
    
THE ACT ON AMENDMENTS TO  
THE COPYRIGHT AND RELATED RIGHTS ACT* 
 
   
 
    
 
    
 
     
 
 
NN 173/2003 in force from October 30, 2003 
*NN 79/2007 in force from August 7, 2007 
 
Zagreb, September 2007 IP/N/1/HRV/C/2 
Page 4  
 
  COPYRIGHT AND RELATED RIGHTS ACT 
THE ACT ON AMENDMENTS TO THE COPYRIGHT AND RELATED RIGHTS ACT 
 
  
SUBJECT MATTER OF THE ACT 
Article 1 
 
This Act regulates:  
 
1.  copyright - rights of authors in respect of their works in the literary, scientific and artistic 
domains;  
 2.  related rights:   
 a.  performer's rights in respect of their performances;  
  b.  rights of producers of phonograms in respect of their phonograms;    c.  film producer's rights (producers of videograms) in respect of their videograms;   
 d.  broadcasting organizations' rights in respect of their broadcasts;  
  e.  publishers' rights in respect of their publications;    f.  rights of producers of databases in respect of their databases;  
 
3.  management (individual and collective) of copyright and related rights;   4.  protection of copyright and related rights in the case of infringement;   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 natu re, 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.  
 
  IP/N/1/HRV/C/2 
 Page 5 
 
 
  DISCLOSURE, PUBLICATION, THE PUBLIC AND PUBLIC USE 
Article 3 
 
(1)  A copyright work or a subject matter of a re lated right shall be considered to have been 
disclosed if it has been made available to the public with the consent of the right holder.  
 
(2)  A copyright work or a subject matter of a re lated right shall be consid ered published if, with 
the consent of the right holder, copies of th at 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 larg er 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 cons idered any use of a copyright work and a subject 
matter of related rights that is accessible to the public, or such use in the area that is accessible 
to members of the public, as well as, providing to members of the public access to the work 
and subject matters of related rights at a tim e 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 prejudi ce 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 de finitions 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 protectio n 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 ot herwise specially provided 
for them, or arising from their legal nature.  
 
 
II. COPYRIGHT  
 
Chapter 1  
SUBJECT MATTERS  
 
COPYRIGHT WORK 
Article 5 
 
(1)  A copyright work shall be an  original intellectual creation in the literary, scientific and artistic 
domain, having an individual character, irrespec tive of the manner and form of its expression, 
its type, value or purpose, unless othe rwise provided for in this Act.  
 (2)  Copyright works shall be in particular:    •  works of language (written works, oral works, and computer programs);  IP/N/1/HRV/C/2 
Page 6  
 
   
 •  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 pain ting, 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 matter of copyright may be any copyright work, except the one, which cannot be 
such work by its nature, and the one for which the provisions of this Act provide that it cannot 
be the subject matter of copyright.  
 (4)  The subject matter of copyright is the work  as a whole, including an unfinished work, the title 
of a work, and the parts thereof that fulfil the pre-conditions set out in paragraph (1) of this 
Article.  
 
(5)  The title of the work, which does not fulfil th e pre-conditions for being the subject matter of 
copyright, and which has already been used for a certain work, shall not be used for the same 
kind of work, if such title is likely to creat e confusion as to the author of the work.  
 
 
ALTERATIONS 
Article 6 
 
(1)  Translations, adaptations, musical adaptati ons and other alterations of a copyright work, 
which are original individual intellectual creati ons, shall be protected as independent works.  
 
(2)  Translations of official texts in the domain of legislation, administration and judiciary, shall 
be protected, unless made for the purpose of officially informing the public and are disclosed as such.  
 (3)  Provisions of paragraph (1) of  this Article shall not affect the rights of the authors of the 
works, which have been altered.  
   IP/N/1/HRV/C/2 
 Page 7 
 
 
  COLLECTIONS AND DATABASES 
Article 7 
 
(1)  Collections of independent works, data or ot her materials, such as en cyclopaedias, collections 
of documents, anthologies, databases, and th e like, which by reason of the selection or 
arrangement of their constituent elements cons titute 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 pr ejudice the rights subsisting in the works and 
subject matters of related rights included in the collection.  
 (3)  Databases, under this Act, shall be coll ections arranged according to certain system or 
method, the elements of which are individually accessible by electronic or other means.  
 
(4)  The protection provided for in this Act fo r databases, shall not apply to computer programs 
used in the making of databases accessible by el ectronic means or in the operation thereof.  
 
 
UNPROTECTED CREATIONS 
Article 8 
 
(1)  The subject matter of copyright shall incl ude expressions and not ideas, procedures, methods 
of operation or mathematical concepts as such.  
 (2)  The subject matter of copyright shall not include:  
 
 1.  discoveries, official texts in the domain of legislation, administration, judiciary (acts, 
regulations, decisions, reports, minutes, judgm ents, standards, and the like) and other 
official works and their collections, disclo sed for the purpose of officially informing 
the public;  
 
 2.  news of the day and other news, ha ving the character of mere items of press 
information;  
 (3)  Folk literary and artistic creations in their or iginal form shall not be the subject matter of 
copyright, but their communication to the public is subject to the payment of remuneration, as 
for the communication to the public of protected  copyright works. The remuneration shall be 
the revenue of the budget, and shall be used for improving the creativity in the field concerned.  
 
 
Chapter 2  
AUTHORS  
 
THE AUTHOR 
Article 9 
 (1)  The author of the work is a na tural 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.  
  IP/N/1/HRV/C/2 
Page 8  
 
  AUTHORS OF COMPOUND WORKS 
Article 10 
 
(1)  If two or more authors join their created wo rks for the purpose of a joint use, each of them 
shall keep the copyright in his own work.  
 
(2)  Mutual relations between authors of the compound works shall be regulated by a contract. 
Unless otherwise provided by a contract or by rules set out in Article 167, paragraph (1) of this Act, all the authors of a compound work sh all be considered to be entitled to an equal 
share in the remuneration to be obtaine d for the use of such compound work.  
 
 
CO-AUTHORS 
Article 11 
 (1)  Co-authors of a work shall be the pers ons 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 pa rt of such copyright 
calculated in proportion to the whole copyright (co-authors' shares) shall belong to each of 
them.  
 
(3)  When in doubt as to the co -authors' shares, they shall be considered to be equal.  
 (4)  The consent of all the co-authors shall be need ed 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 conscientiousn ess 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 de riving from the use of the work corresponds to his 
co-author's part, unless otherwise provided for by a contract regulating their mutual relations.  
  
PRESUMPTION OF AUTHORSHIP AND EXERCISE OF COPYRIGHT  
WHERE THE AUTHOR IS ANONYMOUS 
Article 12 
 
(1)  The author is presumed to be a person who se name, pseudonym, artist's mark or code appears 
in the customary manner on the copies of the wo rk or when the work  is disclosed, until 
proven to the contrary.  
 
(2)  If the author is not known, nor can be defi ned pursuant to the provision of paragraph (1) of 
this Article, the following shall be cons idered entitled to exercise copyright:  
  1.  for a published work - the publisher who has lawfully published the work;  
 
 2.  for a disclosed, but unpublished work - the person who has lawfully disclosed the 
work.  
  IP/N/1/HRV/C/2 
 Page 9 
 
 
  (3)  The provisions of paragraph (2) of this Artic le 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 de rived from the exercise of his right, according to 
the rules concerning the legal status of a fair  possessor who must deliver the object to its 
owner, unless otherwise provided for by a contract.  
 
 
Chapter 3 
CONTENT OF COPYRIGHT 
 
CONTENT OF RIGHT 
Article 13 
 
(1)  Copyright shall include moral rights, economic rights and other rights of authors.   
(2)  Copyright shall protect personal and intellectual ties of the author with his work (moral rights 
of the author), economic interests of the author in respect of his copyright work (economic rights of the author) and other interests of the aut hor 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 determ ine 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 rec ognized and indicated as the author of the work.  
 (2)  A person who publicly uses a copyright work, shall be obliged to indicate the author at each 
use, unless the author has declared in a written fo rm that he does not want to be indicated, or 
if the manner of a certain use is such that  prevents the indication of the author.  
  
RIGHT OF RESPECT FOR THE WORK AND HONOUR OR  
REPUTATION OF THE AUTHOR 
Article 16 
 
The author shall have the right to oppose to any distortion, mutilation and similar modification of his 
work, and to destruction and any use of the work, in a manner jeopardizing his honour or reputation.   IP/N/1/HRV/C/2 
Page 10  
 
  RIGHT OF REVOCATION 
Article 17 
 
(1)  The author shall have the right to revoke a ri ght of exploitation of his copyright work and its 
further use, compensating the damages to the u ser of such right, where further use would be 
prejudicial to his honour or reputation. Such right shall also be exercised by the author's heirs, 
if the author decided so in his will, or if they  prove that the author, prior to his death, was 
entitled and tried to exercise such right, but was prevented from doing so.  
 (2)  The revocation referred to in paragraph (1) of this Article shall be effective from the day 
when the author deposits the security for th e compensation for damages referred to in 
paragraph (3) of this Article.  
 (3)  The user of the right of exploitation of a c opyright work shall, within three months as from 
the receipt of the notification of revocation re ferred to in paragraph 1 of this Article, 
communicate to the author the amount of outstandi ng 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 work fails to do so, the notification of revocation shall become 
effective at the expiration of the time li mit referred to in this paragraph.  
 (4)  If, within ten years as from his exercise of the right of revocation, the author decides to 
resume the exploitation of the work in respect to which he exercised his right of revocation, 
he shall be required to offer such right, under pr evious 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 appl y to electronic databases and computer programs.  
 
3.2. Economic rights of the author 
 
GENERAL 
Article 18 
 
The author shall have the exclusive right to do with  his copyright work and the benefits deriving from 
it whatever he likes, and to exclude any other person from it, unless otherwise provided for by the 
law. This right shall include in particular:  
 
 •  right of reproduction (right of multiplication);   
•  right of distribution (right to put into circulation);   •  right of communication of the work to the public;  
 
•  right of alteration  
 
REPRODUCTION 
Article 19 
 
(1)  The right of reproduction shall be the excl usive right of making one or more copies of 
copyright works, in whole or in part, directly or indirectly, temporarily or permanently, by any means and in any form. The right of repr oduction includes fixation which shall mean the 
fixing of copyright works in the material or other corresponding medium.   IP/N/1/HRV/C/2 
 Page 11 
 
 
   
(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 exclusiv e 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 territo ry of the Republic of Cr oatia 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 th e 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 or iginal or copies of the work, and the right to 
remuneration for public lending of the work unde r 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 fo r direct or indirect economic or commercial 
benefit.  
 
(4)  The right of rental of a copyright work, under this Act, shall not apply to already made 
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 renting the copyright 
work.  
  
COMMUNICATION OF A COPYRIGHT WORK TO THE PUBLIC 
Article 21 
 
The author shall have the exclusive right to co mmunicate his work to the public. This right shall 
include in particular:   
•  right of public performance;  
 
•  right of public stage presentation;   •  right of public transmission;   
•  right of public communication of fixed works;  
 •  right of public presentation;   •  right of broadcasting;  IP/N/1/HRV/C/2 
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•  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 scie nce 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 presentation shall mean th e exclusive right to communicate to the public 
dramatic, dramatico-musica l, and choreographic works or works of pantomime, by their live stage 
presentation.   
 
PUBLIC TRANSMISSION 
Article 24 
 
The right of public transmission shall mean the excl usive right to communicate a recitation, a music 
performance or a stage presentation of a copyright work  to the public that is outside the place where 
the work is recited, performed or presented on stage live, by loudspeaker, screen or any other 
technical device.    
PUBLIC COMMUNICATION OF A FIXED WORK 
Article 25 
 
The right of public communication of a fixed copyright work shall mean the exclusive right to communicate to the public a work which is fixed in a phonogram or a videogram, by such phonogram 
or videogram.   
 
PUBLIC PRESENTATION 
Article 26 
 
The right of public presentation shall mean the excl usive right to communicate to the public the works 
of visual arts, architecture, applied arts and in dustrial designs, a photographic or audiovisual work, 
and a cartographic work, or a presentation of scientific or technical nature, by technical devices.      IP/N/1/HRV/C/2 
 Page 13 
 
 
  BROADCASTING 
Article 27 
 
(1)  The right of broadcasting shall mean the ex clusive right to communicate a copyright work to 
the public by radio or television program-ca rrying signals, intended for reception by the 
public, either by wireless means (including satellite), or by wire (including cable or 
microwave systems).  
 (2)  A satellite, for the purposes of this Act, sh all mean any satellite ope rating on frequency bands 
reserved for the broadcasts of signals intende d 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 th e signals takes place must be comparable to 
those in which public reception of the signals takes place.  
 (3)  Communication to the public by satellite, referr ed to in paragraph (1) of this Article, shall 
exist where under the control and responsibilit y of the broadcasting organization program-
carrying signals intended for the reception by the public are introduced into an uninterrupted 
chain of communication leading to the satellite and down towards the earth.  
 (4)  Where the program-carrying signals referred to in paragraph (2) of this 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.  
  
REBROADCASTING 
Article 28 
 
The right of rebroadcasting shall mean the exclusiv e right to a simultaneous, unaltered and unabridged 
communication to the public of a broadcast of a copyright work:   
1.  where made by a broadcasting orga nization other than the one who initially 
broadcasted the work;  
 2.  where made by cable or microwave system (cable retransmission).  
  
PUBLIC COMMUNICATION OF BROADCASTING 
Article 29 
 
The right of public communication of broadcasting sh all mean the exclusive right to communicate to 
the public a broadcast copyright work, by a louds peaker, screen or similar technical device.  
 
 
MAKING AVAILABLE TO THE PUBLIC 
Article 30 
 
The right of making available to the public shall mean the exclusive right to communicate a copyright 
work to the public by wire or wireless means, in  such a way that members of the public may access it 
from a place and at a time individually chosen by them.    IP/N/1/HRV/C/2 
Page 14  
 
  ALTERATIONS OF THE WORK 
Article 31 
 
The right of alteration shall mean the exclusive ri ght to translate, adapt, musically arrange or 
otherwise modify a work.  
 
 
3.3. Other rights of the author 
 
3.3.1 Rights to remuneration 
 
RIGHT TO REMUNERATION FOR REPRODUCTION OF A 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 work s are, due to their nature, expected to be 
reproduced without authorization, by photocopying or by recording on sound, visual or text fixation mediums, for private or other personal use, shall have the right to an appropriate 
remuneration upon sale of technical appliances and blank audio, video or text fixation 
mediums.  
 
(2)  Apart from the right referred to in paragraph (1 ) of this Article, the authors shall have a right 
to an appropriate remunerati on to be obtained from a natura l or legal person who provides 
services of photocopying against payment.  
 
(3)  Any other reproduction techniques shall be  assimilated to photoc opying, 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, ma nufacturers of appliances for photocopying, 
manufacturers of blank audio, video or text fi xation mediums, and jointly and severally with 
them importers of appliances for sound and vi sual recording, photocopying, blank audio, 
video or text fixation mediums, unless such imports concerns small quantities intended for 
private and non-commercial use, forming pa rt of personal luggage. If the mentioned 
appliances and objects are not produced in the Re public of Croatia, the remuneration shall be 
paid by the importer.  
 (5)  The obligation to pay the appropriate remunera tion referred to in paragraph (1) shall arise:  
 
1.  in respect of the first sale in the Repub lic 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 Repub lic 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 Repub lic 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.  
  IP/N/1/HRV/C/2 
 Page 15 
 
 
  (7)  Authors may not renounce the rights to remune ration referred to in para graphs (1) and (2) of 
this Article.  
  
RIGHT TO REMUNERATION FOR PUBLIC LENDING 
Article 33 
 
(1)  The author shall have the right to equitabl e remuneration where the original or copies of his 
work of which further distribution is admissible, have been lent through public libraries.  
 
(2)  The lending, under this Act, shall mean making available for use for a limited period of time 
and without direct or indirect economic or commercial benefit.  
 (3)  Provisions referred to in paragraphs (1) and (2) of this Article shall not apply to:  
 
 (1)  buildings and works of applied art;  
  (2)  works that are mutually lent by institutions  referred to in paragraph (1) of this Article.  
 (4)  The author may not renounce the right refe rred to in paragraph (1) of this Article.  
 
(5)  By way of derogation from the provision of pa ragraph (1) of this Article, authors of databases 
shall have the exclusive right of public lending of the originals or copies of their databases.  
  
3.3.2 Resale right 
 
GENERAL 
Article 34 
 
(1)  If the original of a work of visual art is r esold, the author shall have the right to equitable 
share in the selling price for each time his original  is resold after its first alienation by the 
author.  
 (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 mark et 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 a nd where the resale price does not exceed the 
equivalent value of EUR 10 000 in HRK.  
 
 
ORIGINAL OF A WORK OF VISUAL ART 
Article 35 
 
(1)  The original of a work of visual art, referred to in Article 34, paragraph (1) of this Act, shall 
mean a work of visual art such as picture, collage, painting, drawing, engraving, print, 
lithography, sculpture, tapestry, ceramics, glassw are or photography, where created by the 
author himself.  
 IP/N/1/HRV/C/2 
Page 16  
 
  (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 sha ll normally be numbered, signed or authorized 
by the author.  
 
 
AMOUNT BELONGING TO THE AUTHOR 
Article 36 
 
(1)  A seller who resells the work referred to in Article 35 of this Act, at a price exceeding the 
equivalent amount of EUR 500 in HRK, shall pa y 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 organi zer of the public auction, the owner of the art 
gallery or the art dealer, shall share joint and several liability with the seller for the payment 
of the amount belonging to the author.  
 
 
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 le gal 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 INFORMATION 
Article 38 
 For a period of three years after the resale of his wo rk, the author shall have the right to require from 
any person referred to in Article 34, paragraph (2) of this Act, to furnish any information that is 
necessary in order to secure payment of the amount th at belongs to him in respect of the resale.  
   IP/N/1/HRV/C/2 
 Page 17 
 
 
  3.3.3 Other additional rights 
 
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 provisi on 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 Artic le do no oblige the owner or direct possessor to 
deliver to the author the origin al or a copy of the work.  
  
RIGHT TO PROHIBIT PUBLIC EXHIBITIONS OF THE WORK 
Article 40 
 
(1)  The author of an undisclosed work of visu al art, applied art, industrial design, and an 
undisclosed photographic work, shall have upon alie nation 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 re ferred to in paragraph (1) of this Article, in 
the written form.  
 (3)  The author shall not have the right referred to  in paragraph (1) of this Article, if the work 
belongs to a museum, gallery or other similar public institution.  
 
 
Chapter 4 
COPYRIGHT IN LEGAL TRANSACTIONS 
 
4.1 Basic Provisions 
 
INHERITANCE OF 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 inher itance shall apply to all other ma tters related to inheritance of 
copyright, which are not regulated by this Act.  
 
 
TRANSFERABILITY OF COPYRIGHT 
Article 42 
 (1)  Copyright shall not be transferable, except by inheritance and transfer for the benefit of 
coheirs in the case of dissolution of community of hires.  
 (2)  Other dispositions of copyright shall be allo wed, unless otherwise provided for in this Act.  
 IP/N/1/HRV/C/2 
Page 18  
 
   
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 ri ght of exploitation of a copyright work or may 
entrust him the exercise of copyright by 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 explo itation may use a copyright work in a manner which 
complies with the content of his right and exclude any other person, including the author, 
from such use, unless otherwise provided by this  Act. When granting the exclusive right of 
exploitation, it may be defined th at the author reserves the right of use of the copyright work.  
 (4)  The non-exclusive right of exploitation shall entitle its holder to use th e copyright work in a 
manner which complies with the content of hi s 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 h as 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 w as granted as a non-exclusive right for the territory 
of the Republic of Croatia.  
 (6)  The author shall refrain from acts that would impede the holder of the right of exploitation to 
exercise his right.  
 
 
NON-EXERCISE OF THE EXCLUSIVE RIGHT OF EXPLOITATION 
Article 45 
 If the holder of the exclusive right of exploita tion does not exercise his right or exercises it 
insufficiently, prejudicing thereby legitimate inte rests 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.   IP/N/1/HRV/C/2 
 Page 19 
 
 
   
 
LATER GRANT OF THE EXPLOITATION RIGHT 
Article 46 
 Later grant of the exploitation right, even the excl usive one, shall not prejudice the earlier granted 
exploitation right, either exclusive or non-exclus ive, unless otherwise provided by a contract on the 
grant of an earlier right.    
TRANSFER OF THE RIGHT OF EXPLOITATION 
Article 47 
 
(1)  The right of exploitation may be transferred without the author's authorization from one 
person to another within transfer of the en tire business or the part thereof constituting the 
entirety.  
 (2)  Where the right of exploitation can be transferred without the author's authorization the 
person acquiring the right of exploitation shall ha ve 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, grant to another person 
further right of exploitation only with the written authorization of the author. The author may not 
refuse to give his authorization, if it would be  contrary to conscientiousness and fairness. The 
authorization shall not be necessary if the right of  exploitation has been gr anted 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 en trusted the exercise of his particular right to the 
collective rights management association whic h 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.  
  
RENOUNCEMENT OF COPYRIGHT 
Article 50 
 
The author may not renounce his copyright.   
 IP/N/1/HRV/C/2 
Page 20  
 
  4.2 General part of the contractual copyright 
 
COPYRIGHT CONTRACTS 
Article 51 
 A contract on the basis of which the right of exploitation of copyright (copyright contract) is acquired 
shall be concluded in a written form, unless otherwise provided by this Act.  
  
CONTENT OF COPYRIGHT CONTRACTS 
Article 52 
 
(1)  A copyright contract shall specify at least the work it concerns, the manner of use, and the 
person authorized to use the work (a user).  
 
(2)  A copyright contract may also be concluded in respect of a work which is not yet created, 
provided that it defines the type of the work and the manner of use of the future work.  
 (3)  A 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 account of the type and scope of the use of a copyright work, its financia l success in it, the kind and size of the work, the 
duration of use, the existence of agreement betw een 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 disproportional to the agreed or fixed 
remuneration, the author shall be entitled to demand the amendment of the agreement 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 refe rred to in paragraph (1) of this Article.  
  
APPLICATION OF REGULATIONS ON OBLIGATORY RELATIONS 
Article 55 
 
The provisions of the Act regulating obligatory rela tions shall apply to all the matters related to 
copyright contracts which are not regulated by this Act.    IP/N/1/HRV/C/2 
 Page 21 
 
 
   
4.3 Special part of contractual copyright law 
 
4.3.1 Publishing contract 
 
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 cont ract, it shall be presumed that the publisher 
has the exclusive right to publish the work refe rred to in paragraph (1) of this Article.  
 (3)  The presumption referred to in paragraph (2) of  this Article shall not apply to the right 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 Ac t, 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 INFORMATION 
Article 58 
 
(1)  The author shall have the right of insight a nd control, at any time, of the publisher's business 
records and documentation, to verify the accur acy of information provided to him by the 
publisher.  
 (2)  The author shall be authorized to require from a third person who has reproduced the work for 
the publisher, information concerning the numbe r 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 ar ticles, drawings and other author's contributions 
in daily and periodical press or publications, does not need to be made in a written form (small 
publishing contract).    IP/N/1/HRV/C/2 
Page 22  
 
  CONCLUSION OF CONTRACTS THROUGH A REPRESENTATIVE 
Article 60 
 
A representative of the author may conclude a p ublishing contract only for such works as are 
expressly indicated in the author's power of attorney.  
 
 
FIXING THE AMOUNT  OF REMUNERATION 
Article 61 
 (1)  If the remuneration is fixed as a percentage of the retail price of the copies sold, the 
publishing contract must specify a minimum number  of such copies of the first edition, and a 
minimum remuneration which the publisher has to  pay to the author regardless of the number 
of copies sold.  
 
(2)  If the remuneration is set as a lump sum, the publishing contract must specify the total 
number of copies agreed upon to be printed. If this number is not agreed upon, and unless 
otherwise deriving from fair business practices or circumstances of the case, the publisher 
may publish not more than 500 copies of the work.  
  
OTHER ELEMENTS OF THE CONTRACT 
Article 62 
 
A publishing contract may also contain in particular:   
•  a time limit within which the author is required to deliver his correct manuscript or 
other original of the work. Unless otherwise provided by a contract, this time limit shall be one year from the date of the conclusion of the contract;  
 •  a time limit within which the publisher is required to publish the work. Unless 
otherwise provided by a contract, this time  limit shall be one year from the date of 
delivery of the correct manuscript or other original of the work;  
 •  the number of the editions which the pub lisher is authorized to publish. Unless 
otherwise provided by a contract, the publisher shall have the right to publish only one edition;  
 
•  a time limit within which the publisher is required to publish a new edition, if 
stipulated by a contract. Unless otherwise provided by a contract, this time limit shall be one year from the date of delivery of such written request by the author;  
 •  a provision concerning the ownership over a manuscript or other original. A 
manuscript or other 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 the work  
 
  IP/N/1/HRV/C/2 
 Page 23 
 
 
  IMPROVEMENTS AND OTHER MO DIFICATIONS OF THE WORK 
Article 63 
 
Unless otherwise provided by a publishing contract, th e 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 MANUSCRIPT 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 pub lished. If the author has another copy of the 
work, he shall deliver it to the publis her, at the publisher's expense.  
 
(2)  If a prepared edition of the work is complete ly destroyed by force majeure before it was put 
into circulation, the publisher shall be entitled to prepare a new edition, and the author shall 
have the right to remuneration only for the destroyed edition.  
 (3)  If a prepared edition of the work is partially destroyed by force majeure before it was put into 
circulation, the publisher shall be entitled to reproduce, without payment of remuneration to 
the author, only that number of copies that was destroyed.  
  
PUBLISHER'S PRIORITY RIGHT 
Article 65 
 
(1)  A publisher, who has acquired the right to  publish the work, has among other publishers who 
offer equal terms, the priority right to publish the work in an electronic or any other form.  
 (2)  A publisher who intents to use the right refe rred 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 for damages, the right to keep the remuneration received, or to demand 
payment of the stipulated remuneration.  
 (3)  A publisher may demand the rescindment of the publishing contract and claim damages, if the 
author does not deliver to the publisher a manuscrip t or other original of the work within the 
time limit stipulated by a contract or by the law.  IP/N/1/HRV/C/2 
Page 24  
 
  DESTRUCTION OF COPIES OF THE WORK 
Article 67 
 
(1)  A publisher who intends to sell the unsold c opies 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 c opies were sold for recycling. If he fails to do 
so, he shall incur responsibility for the infringe ment of the moral right of the author.  
 (2)  If the author does not accept the publisher's offe r referred to in paragraph (1) of this Article, 
or accepts to purchase only a certain part of unsold copies, the publisher may sell the 
remaining copies for recycling.  
  
4.3.2. Performance contract 
 
GENERAL INFORMATION ABOUT THE CONTRACT 
Article 68 
 
(1)  By a contract of performance, an author giv es 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.  
 (2)  Provisions concerning a performance cont ract shall also apply to broadcasting and 
rebroadcasting, public communication of a broadcasting, public communication, public 
transmission and making available to the public of non-stage literary and musical works.  
 
 
OTHER OBLIGATIONS OF A USER 
Article 69 
 
A user of the copyright work shall be required to  allow the author to access the performance of the 
work, to provide for adequate technical conditions that assure respect of moral rights of the author, 
and to provide the author or his representative with a list of performed works, and to inform the author 
of the profit derived from the performance of his work, unless otherwise provided by a contract.    
CESSATION OF AUTHORIZATION 
Article 70 
 
The authorization for public recitation, or public  performance of a musical work, shall cease if the 
user does not use the work in the manner and unde r conditions provided by the authorization.  
 
 
4.3.3. Contract on stage presentation of the work 
 
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 conditio ns provided by a contract, and to pay 
remuneration, unless otherwise provided by a contract.   IP/N/1/HRV/C/2 
 Page 25 
 
 
  (2)  The provisions concerning a contract on stag e presentation shall also apply to broadcasting 
and rebroadcasting, public communication of a broadcasting, public communication, public 
transmission and making available to the public of stage presentations of the work, as well as 
public performance of stage works in the non-stage manner.  
 
 
OTHER OBLIGATIONS OF USERS 
Article 72 
 
The provisions of Articles 69 of this Act shall apply mutatis mutandis to the contract on stage 
presentation of a copyright work.  
  
4.3.4. Contract on the creation of  copyright work on commission 
 
GENERAL ISSUES CONCERNING THE CONTRACT 
Article 73 
 
By a contract on the creation of a copyright work  on commission, an author undertakes to create a 
certain work and deliver a copy of such work to  the person commissioning the work, while the latter 
undertakes to pay to the author a stipulated remune ration, 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, elements and time limits for delivering the commissioned work.  
 (2)  Unless otherwise provided by this Act or by  a contract, the copyright in the commissioned 
work shall be retained by the author without limitations.  
 
4.3.5. Copyright works created while executing employment contract 
 
COPYRIGHT WORK CREATED IN THE COURSE OF EMPLOYMENT 
Article 75 
 Copyright work created in the course of employment shall, under this Act, mean the work created by 
an author - an employee in the execution of his duties with a certain employer or following the 
instructions given by him. The relations with rega rd to a copyright work created in the course of 
employment shall be regulated by this Act, by an employment contract or by other act regulating the employment.   
 
RIGHTS TO USE THE COPYRIGHT WORK CREATED IN THE COURSE OF EMPLOYMENT 
Article 76 
 
If copyright works are created in the course of em ployment, the employment contract shall specify, 
among other things, whether the employer acquires the right to use the copyright works, and if he 
acquires it, it shall specify in particular the sc ope and duration of such right. Unless otherwise 
provided by this Act, or by an employment cont ract or by other act regulating employment, the 
copyright in the work created in the course of empl oyment shall be retained by the author without 
limitations.  IP/N/1/HRV/C/2 
Page 26  
 
   
 
Chapter 5 
RELATION BETWEEN COPYRIGHT AND OWNERSHIP 
 
GENERAL 
Article 77 
 
(1)  Copyright is individual and independent from ownership and other proprietary rights in an 
object on which the work is fixed.  
 
(2)  Ownership and other proprietary rights in an  object on which a copyright work is fixed shall 
not be, without the authorization of the holder, exercised contrary to copyright, unless otherwise provided by this Act.  
 
 
INDEPENDENCE OF LEGAL TRANSACTIONS 
Article 78 
 
(1)  Disposition of copyright shall not affect th e ownership in an object on which the work is 
fixed, unless otherwise provided by the law or a contract.  
 
(2)  Disposition of ownership in an object on which the copyright work is fixed, shall not affect 
the copyright in such work , unless otherwise provided by the law or a contract.  
  
DESTRUCTION OF COPYRIGHT WORK 
Article 79 
 
(1)  The owner of an original of a copyright work who knows or has reasonable grounds to know 
that the author or any of the co-authors has a special interest in saving such original from 
destruction, shall be obliged, before destructi ng it, to notify them about the destruction and 
shall offer them to buy off the original at a pri ce 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 Artic le, unless he knows or has reasonable grounds to 
know that neither the original nor other copies of that work exist.  
 (3)  The owner of the object on which a copyright work has been fixed without his authorization, 
may destroy the object, without obligations referr ed 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 architect ure 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.   IP/N/1/HRV/C/2 
 Page 27 
 
 
  (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 sh all not oppose to alterations of his work of 
architecture, which are necessitated by severe reasons such as safety or technical reasons. Where the work of architecture needs reconstruction, his author shall not oppose to the use of other materials, if 
the materials used in the construction thereof proved to have deficiencies, or if such materials could 
not be obtained, or if they can be obtained only w ith disproportionate difficulties or expenses. In such 
a case the author, where the work is designated by  his name, shall be entitled to demand that the 
owner of the building, beside the name of the aut hor make a note concerning alterations of the work 
and the time they were made.   
(6)  If the owner acts contrary to the provisions of  this Article, he shall be responsible for the 
infringement of the author's moral rights.  
  
Chapter 6 
CONTENT LIMITATION S ON COPYRIGHT 
 
COMMON PROVISIONS 
Article 80 
 
Disclosed copyright work may be used without the author's authorization, or without the author's 
authorization and without payment of remunerati on, only in the cases which are expressly stipulated 
in this Act. The provisions concerning the limitations referred to in this Chapter cover only such uses 
of a copyright work which do not conflict with regular use of the work and do not unreasonably 
prejudice the legitimate interests of the author.   
 
TEMPORARY ACTS OF REPRODUCTION OF THE COPYRIGHT WORK 
Article 81 
 
Temporary acts of reproduction of the copyright work, which are transient or incidental, and constitute an integral and essential part of a technol ogical process, whose sole purpose is to enable a 
transmission in a network between third parties by an  intermediary, or authorized use of the work, and 
which have no independent economic significance, shall be excluded from the exclusive right of 
reproduction referred to in Article 19,  paragraph (1) of this Act. The provisions of this Article shall 
not affect the provisions of Article 97 of this Act.   
 
REPRODUCTION OF THE WORK FOR PRIVATE OR OTHER PERSONAL USE 
Article 82 
 
A natural person may reproduce a copyright work in any medium if he does so for private use, or in the form of photocopying and other personal use if this copy is not intended for or accessible to the 
public and has no direct or indirect commercial pur pose. It shall not be permitted to reproduce the 
whole book, unless the copies of such book have been so ld out for at least two years, graphic editions 
of musical works (hereinafter: sheet music), electr onic databases, cartographic works, nor the building 
of architectural structures, unless otherwise provided by this Act or a contract.   IP/N/1/HRV/C/2 
Page 28  
 
  EPHEMERAL RECORDINGS 
Article 83 
 
(1)  Broadcasting organization, which has the aut horization to broadcast a work, may record it on 
audio, video or text fixation mediums, by m eans of its own facilities and for its own needs 
(ephemeral recordings).  
 (2)  Broadcasting organization is obliged to d estroy 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 r ecordings have particular documentary value.  
 
(3)  Ephemeral recordings that are deposited in acco rdance 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, preschool educational 
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 
portions (parts) of lawfully disclosed works, or integral short works from the domain of science, literature and music, as well as disclosed individual works of visual arts, architecture, 
applied arts and industrial design, photographic or cartographic works, and presentations of 
scientific or technical nature, in the form of  a collection which contains contributions of 
several authors, and which is, by its contents , and systematisation exclusively intended for 
teaching or scientific research, as long as the source is indicated, unless the author expressly 
prohibits it. Reproduction and distribution of par ticular parts of copyright works shall not be 
considered as infringement referred to in Ar ticle 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 incl uded 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 benefit of pe ople with a disability shall be permitted where the 
work is used in a manner directly related to the di sability of such people to the extent required by the 
specific disability, and where such u se is of a non-commercial nature.  
  IP/N/1/HRV/C/2 
 Page 29 
 
 
  USE OF COPYRIGHT WORKS FOR JUDICIAL, ADMINISTRATIVE  
OR OTHER OFFICIAL PROCEEDINGS 
Article 87 
 
(1)  It shall be permitted to reproduce copyright wo rks 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 ar e made for the purpose of official proceedings.  
 
 
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 th e educational purpose thereof to be achieved by such 
communication, where the works are not used for direct or indirect economic or commercial benefit 
by the educational institution, the organizers or  third persons, where the performers receive no 
payment (remuneration) for their performance and where the tickets are free of charge.    
USE OF COPYRIGHT WORKS FOR THE PURPOSE OF INFORMING THE PUBLIC 
Article 89 
 
(1)  It shall be permitted, to the extent necessar y 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 cu rrent event that is being report ed on, provided that the work 
is used to the extent justified by th e 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 other media of public communication, provided 
that the author has not expressly prohibited such  use, and that the work is used to the 
extent justified by the purpose and manner of reporting;  
 3.  public political, religious or other speeches made at state or local governmental 
bodies, religious institutions or at state or religious ceremonies, as well as excerpts 
from public presentations;  
 (2)  In all the cases referred to in paragraph (1) of  this Article, the source and authorship shall be 
indicated.  
 
 
QUOTATIONS 
Article 90 
 
It shall be permitted to make quotations of excerpt s from a copyright work, which has already been 
lawfully made available to the public for purposes of  scientific research, teaching, criticism, polemics, 
revision, review to the extent justified by the purpose to be achieved and in accordance with fair 
practice, provided that the source and the name of the author are indicated.    IP/N/1/HRV/C/2 
Page 30  
 
  REPRODUCTION OF COPYRIGHT WORKS PERMANENTLY  
LOCATED IN PUBLIC PLACES 
Article 91 
 
(1)  It shall be permitted to reproduce the work s, 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 
appearance of the architectural structure.   
 
POSTERS AND CATALOGUES 
Article 93 
 
(1)  To organizers of public exhibitions or auc tions it shall be permitted, for the purpose of 
promoting and to the extent necessary for such  purpose, to reproduce on posters and in 
catalogues for such exhibitions or auctions, and to distribute by means of such posters and 
catalogues the works of visual arts, architect ure, applied art, industrial designs and 
photographic works, which are displayed at a pub lic exhibition or aucti on 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.    
USE OF COPYRIGHT WORKS FOR THE PURPOSE OF PRESENTATION  
AND TESTING OF EQUIPMENT 
Article 95 
 
Shops which sell phonograms or videograms, or equipment for audio and video reproduction or 
reception, shall be allowed to record the works on audio, video or text  fixation mediums, to 
communicate the works from such mediums, as well as to communicate the broadcast works, to the 
extent necessary for presenting to direct buyers or  for testing the functioning of phonograms or films 
or for the repair thereof.    IP/N/1/HRV/C/2 
 Page 31 
 
 
   
ERASURE OF RECORDINGS 
Article 96 
 
The recordings made pursuant to the provision refe rred 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 ther eof shall be allowed to pe rform 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 da tabase, he shall be allowed to 
reproduce and alter only that part.  
 (3)  Any contractual provision contrary to the provisions of paragraphs (1) and (2) of this Article 
shall be null and void.  
  
OBLIGATIONS OF THE RIGHT HOLDER 
Article 98 
 
(1)  Where the use of a copyright work without the author's authorization is allowed under 
Articles 82 - 87 of this Act, and where the use of  the work or the access to it are prevented by 
the application of technological measures referred to in Article 175 of this Act, the authors or 
other persons, who applied such measures or w ho are authorized or have the possibility to 
remove them, shall be obliged, by providing sp ecial measures or concluding contracts, to 
enable the users or their associations access to such works and the use thereof in accordance 
with the limitations referred to in Articles 82 - 87 of this Act. The provisions of this paragraph 
shall not apply to computer programs.  
 
(2)  If the right holders or other persons referred to  in the previous paragraph fail to comply with 
the provisions laid down in paragraph (1) of th is Article, the works shall be used by the 
application of measures prescribed by the Mi nister 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 implementation of voluntary agreements, and technological measures applied 
in implementation of measures referred to in para graphs (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 contract ual terms in such a way that members of the 
public may access them from a place and at a time individually chosen by them.  
  IP/N/1/HRV/C/2 
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  Chapter 7 
TIME LIMITATIONS OF COPYRIGHT 
 
GENERAL PROVISIONS ON DURATION OF COPYRIGHT 
Article 99 
 
Copyright shall run for the life of the author and fo r 70 years after his death, irrespective of the date 
when the work is lawfully released, unless otherwise provided by this Act.  
  
DURATION OF COPYRIGHT FOR CO-AUTHORS' WORK 
Article 100 
 
(1)  If the co-authors referred to in Article 11 of this Act are the holders of joint copyright in the 
created work, the term referred to in Article 99 of this Act shall be calculated from the death 
of last surviving co-author.  
 (2)  For audiovisual works, the term referred to in Article 99 of this Act shall be calculated from 
the death of the last of the following persons to 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.  
 
 
DURATION OF COPYRIGHT FOR ANONYMOUS WORK 
Article 101 
 Copyright in anonymous works shall run for 70 year s after the work has been  lawfully disclosed. If 
the author discloses his identity during such period, th e term of protection set out in Article 99 of this 
Act shall apply.    
DURATION OF COPYRIGHT FOR PSEUDONYMOUS WORK 
Article 102 
 
Copyright in pseudonymous works shall run for 70 year s after the work is lawfully disclosed. Where a 
pseudonym leaves no doubt as to the identity of the aut hor, the term of protection set out in Article 99 
of this Act shall apply.  
 
 
DURATION OF COPYRIGHT FOR THE WORK DISCLOSED IN SERIES 
Article 103 
 
Where a work is disclosed in volumes, parts, instal ments, issues or episodes and the term of protection 
runs from the time when the work was lawfully di sclosed, the term of protection shall run for each 
such item separately.    
DURATION OF COPYRIGHT FOR UNDISCLOSED WORK 
Article 104 
 
Where the term of protection is not calculated from the death of the author, and where the work has 
not been lawfully disclosed, the copyright shall expire upon the expiration of a period of seventy years from the creation of the work.   IP/N/1/HRV/C/2 
 Page 33 
 
 
   
 
CALCULATION OF TERMS 
Article 105 
 Terms of copyright laid down in this Act shall be calculated from the first day of January of the year 
following the year in which the relevant event has occurred.  
  
EFFECTS OF 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, paying respect to the work, and to 
the honour or reputation of the author.  
 
(2)  Against those who do not comply with the ob ligation 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 A cademy of Sciences and Arts, shall be entitled to 
demand the termination of infringement of such obligation.  
 
 
Chapter 8 
SPECIAL PROVISIONS FOR COMPUTER PROGRAMS AND AUDIOVISUAL WORKS 
 
8.1. Special provisions for computer programs 
 
SUBJECT MATTER OF PROTECTION 
Article 107 
 
A computer program, under this Act, shall be protected  as the work of language if it is original in the 
sense that it is the author's own intellectual creati on. The term "computer program" shall comprise the 
expression of a computer program in any form, including its preparatory design material. Ideas and 
principles, which underlie any element of a com puter program, including those which underlie 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 
economic rights in the program so created, unless otherwise provided by a contract.  
 
 
RIGHT OF THE AUTHOR OF COMPUTER PROGRAM 
Article 109 
 (1)  The author of a computer program shall have, according to the provisions of Chapter 3, 
Title II of this Act, the exclusive right to do or to authorize:  
 IP/N/1/HRV/C/2 
Page 34  
 
  1.  the permanent or temporary reproduction of a computer program by any means and in 
any form, in part or in whole; this includes loading, displaying, running, transmission or storage of a computer program which necessitate its reproduction;  
 2. the translation, adaptation, arrangement  and any other alteration of a computer 
program, and the reproduction of the results thereof, without prejudice to the right of 
the person who alters the program;  
 3.  any form of distribution of the original  or copies of a computer program, including 
the rental thereof.  
 
(2)  The provisions of Articles 17, 32 and 82 of this Act shall not apply to computer programs. Computer programs shall not be subject to public  lending, unless otherwise provided by a contract.  
  
EXCEPTIONS 
Article 110 
 
(1)  In the absence of specific contractual provisions the acts referred to in Article 109, 
paragraph (1), items 1 and 2 of this Act, sha ll not require authorization by the right holder, 
where they are necessary for th e use of the computer program by the lawful 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 program may 
not be prevented by a contract inso far as it is necessary for that use.  
 
(3)  The person having a right to use a copy of a computer program shall be entitled, without the 
authorization of the author, to observe, study or  test the functioning of a program in order to 
determine the ideas and principles that underlie any element of the program, if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the 
program which he is entitled to do.  
 
(4)  Any contractual provision contrary to the provisions of paragraphs (2) and (3) of this Article 
shall be null and void.  
  
DECOMPILATION 
Article 111 
 
(1)  If the reproduction of the code and transl ation of its form, according to the provision of 
Article 109, paragraphs (1) and (2) of this Ac t, are indispensable to obtain the information 
necessary to achieve the interoperability of an  independently created program with other 
programs, the authorization of the right holder shall not be required, provided that:  
 
1.  these acts are performed by the authori zation for use or by another person having a 
right to use a copy of a program, or on their behalf, by a person authorized to do so,  
 2.  the information necessary to achieve inter operability 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.  
  IP/N/1/HRV/C/2 
 Page 35 
 
 
  (2)  Information obtained through application of th e provisions of paragraph (1) of this Article 
may not be:  
 
1.  used for goals other than to achieve the interoperability of the independently created 
computer program;  
 
2.  transferred to other persons, expect wh en necessary for achieving the interoperability 
of the independently created program; or  
 3.  used for the development, production or marketing of another program substantially 
similar in its expression, or for any other act that infringes copyright.  
 (3)  The provisions of this Article may not be inte rpreted in such a way as to allow its application 
to be used in a manner that unreasonably prejud ices legitimate interests of the right holder or 
conflicts with a normal use of the computer program.  
 
(4)  Any contractual provision contrary to the pr ovisions of this Article shall be null and void.  
  
SPECIAL MEASURES OF PROTECTION 
Article 112 
 
Infringements of the rights in a computer program shall constitute, in particular:   
1.  any act of distribution of a copy of a computer program, knowing,  or having reason to 
believe, that it is an infringing copy;  
 
2.  the possession, for commercial purposes, of  a copy of a computer program, knowing, 
or heaving reason to believe, that it is an infringing copy;  
 3.  any act of distribution, or the possessi on for commercial purposes, of any means the 
sole intended purpose of which is to facilitate the unauthorized removal or 
circumvention of a technical device serving as protection of a computer program.  
  
CONTINUED APPLICATION OF OTHER LEGAL PROVISIONS 
Article 113 
 
The provisions of this Act regarding the protecti on of computer programs shall be without prejudice 
to any other legal provisions, such as those regula ting the protection of inventions by patents, 
protection of layout designs of semi-conductor pro ducts, trademarks, unfair competition, protection of 
business secrets or contractual obligations.   
 
8.2. Special provisions for audiovisual works 
 
AUDIOVISUAL WORKS 
Article 114 
 
Audiovisual works, under this Act, shall mean cine matographic, television, documentary, animated, 
advertising or other films, and other audiovisual works expressed by sequence of images giving the 
impression of movement, with or without a sound, irrespective of the type of the medium on which 
they are fixed.  IP/N/1/HRV/C/2 
Page 36  
 
   
 
AUDIOVISUAL ADAPTATION 
Article 115 
 (1)  The right of adaptation of a copyright work in to 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 consider ed that the exclusive right of audiovisual 
adaptation has been acquired.  
 
(2)  If the right of adaptation of a copyright wo rk has been acquired as the exclusive right, the 
author of the adapted work shall retain:  
 
1.  the exclusive right of new audiovisual ad aptations 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 refe rred 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 specifica lly 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 sha ll 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.  
 
  IP/N/1/HRV/C/2 
 Page 37 
 
 
  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 scenographer, a 
costume designer, a face makeup artist, an editor and other authors that participate in the creation of 
an audiovisual work, shall have the copyright in their individual contributions (authors of contributions).    
CONTRACT ON AUDIOVISUAL PRODUCTION 
Article 118 
 
(1)  A contract on audiovisual production shall regulate the relations between the film producer, 
the co-authors of an audiovisual work and the au thors of contributions thereof, as well as the 
relations between the authors of an audiovisual work.  
 (2)  Unless otherwise provided by the contract  on audiovisual production between the film 
producer and the authors of contributions, it sh all be considered that the film producer 
acquires all the economic rights of such authors to  the extent necessary to fulfil the purpose of 
the contract.  
 
(3)  If the co-authors have entrusted their right of rental to the film producer by the contract 
referred to in paragraph (1) of this Article, they shall retain the right to an equitable 
remuneration for the rental of an audiovisual work.  
 
(4)  Notwithstanding the provisions laid down in paragraph (2) of this Article, the authors of 
contributions shall retain the right to use individually their contributions to an audiovisual work, provided that the rights of film  producers are not prejudiced thereby.  
 (5)  Co-authors of an audiovisual work cannot 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, para graph (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 producer of an audiovisual work must at  least once a year submit to the co-authors a report 
on the profits for each form of use of the work.  
 
 
COMPLETED AUDIOVISUAL WORK 
Article 120 
 (1)  An audiovisual work shall be deemed co mpleted when, according to the agreement between 
the principal director and the film producer, the first standard copy of the work, which is the subject matter of the contract on production, is finished.  
 IP/N/1/HRV/C/2 
Page 38  
 
  (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 c ontribution refuses to continue to collaborate in 
creation of the audiovisual work, or if he is unable to continue to collaborate due to force 
majeure, he may not oppose to the use of his contribution already made, for the purpose of 
completion of such work. Such author shall have  respective copyright as to the contribution to 
the audiovisual work he has already made.  
  
RESCINDING OF CONTRACT 
Article 121 
 
(1)  If a film producer of an audiovisual work do es 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 year s from the time of its completion, the co-
authors may demand that the contract be rescinded, unless any other term has been stipulated in the contract.  
 (2)  In the case referred to in paragraph (1) of this Article, the co-authors and authors of 
contributions retain the right to obtain remuneration.  
 
 
III. RELATED RIGHTS 
 
Chapter 1 
RIGHTS OF PERFORMERS 
 
PERFORMERS 
Article 122 
 
Performers shall mean actors, singers, musicians, dancers and other persons who act, sing, deliver, 
declaim, play in, interpret, or otherwise perform lit erary or artistic works or expressions of folklore. A 
director of theatrical performance and a conductor of  an artistic ensemble shall be also deemed 
performers.    
REPRESENTATIVE OF AN ARTISTIC ENSEMBLE 
Article 123 
 
(1)  Performers who are members of an artistic en semble 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 perfo rmers 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 th is Article shall not apply to conductors, soloists, 
directors of theatrical performances and players of leading roles, who are not members of the ensemble, unless otherwise agreed between them and the artistic ensemble.  
   IP/N/1/HRV/C/2 
 Page 39 
 
 
  MORAL RIGHTS OF PERFORMERS 
Article 124 
 
(1)  A performer shall have the right to be rec ognized 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 sha ll at any use indicate a performer, except where 
the performer declares in a written form that he does not want to be indicated as such.  
 
(3)  A performer shall be deemed a person w hose name, pseudonym, artist's mark or code is 
regularly indicated on the copies of a performan ce 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 including in 
particular:  
 
•  the right of broadcasting and rebroadcasting   •  the right of public communication of fixed performances and broadcasting  
 
•  the right of public transmission  
 •  the right of public presentation   •  the right of making available to the public  
 
 
REMUNERATION FOR RENTAL 
Article 126 
 
A performer, who entrusts his rental right to a pr oducer of phonograms or to a film producer, shall 
retain his right to an equitable remuneration for the rental of his fixed performance. The performer 
may not renounce the right to an equitable remunerati on. A remuneration for the rental shall be paid 
by the person renting the performance.    IP/N/1/HRV/C/2 
Page 40  
 
  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 equ itable 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 equitabl e remuneration, where his fixed performance in 
respect of which further distribution is allowed is  lent by intermediary of public libraries. The 
provisions of Article 33 paragraphs (2 ) and (4) of this Act shall apply mutatis mutandis  to 
such right.  
  
USE OF PERFORMANCE FOR COMPLETION OF AUDIOVISUAL WORK 
Article 129 
 
If a performer refuses to complete his performance in an audiovisual work, or if he is unable to do so due to force majeure, he may not oppose to the use of his performance already made, for the purpose 
of completion of such audiovisual work. Such a performer shall have adequate rights as to the 
contribution he has already made.   
 
PERFORMANCE GIVEN IN THE FRAMEWORK OF AN EMPLOYMENT CONTRACT 
Article 130 
 
(1)  A performance made in the course of employ ment shall, under this Act, mean a performance 
given by a performer - an employee in the execution of his duties with a certain employer or 
following the instructions given by him. The rela tions 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 em ployment, 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 em ployment contract or by other act regulating 
employment, the performer's right in the pe rformance shall be retained by the performer 
without limitations.  
 
  IP/N/1/HRV/C/2 
 Page 41 
 
 
  DURATION OF RIGHTS 
Article 131 
 
The economic rights of a performer shall run for 50 years as from the date of the performance. If, within this term, a fixation of the performance has been lawfully published or lawfully communicated 
to the public, the rights shall run for 50 years as from th e 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 s ounds of a performance or of other sounds or of 
representations of sounds, other than in the fo rm of fixations incorporated 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 represen tations of sounds. It shall be considered that 
the producer of a phonogram is the one whose na me or company name is regularly indicated 
as the holder of the rights of phonogram producers on the phonogram, until proven to the 
contrary.  
  
RIGHTS OF THE PRODUCERS OF PHONOGRAMS 
Article 133 
 
(1)  A producer of phonograms shall have the exclusive right:   
1.  to reproduce his phonograms;   
2.  to distribute his phonograms, including the right of rental, except the right under 
Article 20 paragraph (5) of this Act;  
 3.  to make available to the public his phonograms.  
 (2)  Disposition with the rights of phonogram pr oducers shall be free. The right of phonogram 
producers shall in no way prejudice the co pyright and the right of performers.  
  
RIGHT TO REMUNERATION FOR PUBLIC LENDING 
Article 134 
 
A producer of phonograms shall have the right to  an equitable remuneration for lending of his 
phonograms, that is, the copies thereof, by intermediary of public libraries.    IP/N/1/HRV/C/2 
Page 42  
 
  RIGHT TO REMUNERATION FOR BROADCASTING AND  
PUBLIC COMMUNICATION OF PHONOGRAMS 
Article 135 
 
A producer of phonograms shall be entitled, in accordance with the provision laid down in 
Article 127, paragraph (2) of this Act, to a shar e in a single equitable remuneration for broadcasting 
and any other communication to the public of his phonograms published for commercial purposes.  
  
RIGHT TO REMUNERATION FOR REPRODUCTIONS OF PHONOGRAMS  
FOR PRIVATE OR OTHER PERSONAL USE 
Article 136 
 
A producer of phonograms shall be entitled to an e quitable remuneration for each audio recording of 
his phonograms for private or other personal use, as refe rred in Article 32, paragraph (1) of this Act.  
 
 
DURATION OF RIGHTS 
Article 137 
 
The rights of a producer of phonograms shall run for 50 years as from the date of the first fixation of a 
phonogram. If the phonogram is lawfully published du ring this period, the rights shall run for 50 years 
as from the date of the first such publication. If the phonogram is not published during this period but 
is lawfully communicated to the public, the rights sh all run for 50 years as from the date of the first 
such communication to the public.   
 
Chapter 3 
RIGHTS OF FILM PRODUCERS (RIGHTS OF PRODUCERS OF VIDEOGRAMS) 
 
FILM PRODUCER AND A VIDEOGRAM 
Article 138 
 
(1)  A film producer (a producer of videograms), under this Act, shall mean a natural or a legal 
person, who or which in its own name takes the initiative, raises funds, organizes and takes 
the responsibility for making of the first fixati on 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 fixa tion 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;   IP/N/1/HRV/C/2 
 Page 43 
 
 
   
3.  public presentation;   4.  making available to the public.  
 
(2)  Disposition with the right of the film producer  shall be free. The right of film producers shall 
in no way prejudice the copyright, the right of performers and the right of phonogram producers.  
  
RIGHT TO REMUNERATION FOR PUBLIC LENDING 
Article 140 
 
A film producer shall be entitled to equitable remuneration for the lending of videograms by 
intermediary of public libraries.  
 
 
RIGHT TO REMUNERATION FOR REPRODUCTIONS OF VIDEOGRAMS FOR PRIVATE 
OR OTHER PERSONAL USE 
Article 141 
 A film producer shall be entitled to equitable rem uneration for any audio and visual reproduction of 
his videograms for private and other personal use, as referred to in Article 32,  paragraph (1) of this 
Act.    
DURATION OF RIGHTS 
Article 142 
 
The rights of film producers shall run for 50 years as from the date of the first fixation of a videogram. If the videogram is lawfully published or lawfully communicated to the public during this period, the 
rights of the film producer shall run for 50 years as fr om the date of the first such publication or the 
first such communication, whichever occurred earlier.  
 
 
Chapter 4 
RIGHT OF BROADCASTING ORGANIZATIONS 
 
RIGHTS OF BROADCASTING 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;  
 
4.  to distribute its fixed broadcasts, except the rights of their rental and lending;   IP/N/1/HRV/C/2 
Page 44  
 
  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 orga nization pursuant to the provisions of this 
Chapter.  
 (3)  Disposition with the right of broadcasti ng organizations shall be free. The right of 
broadcasting organizations shall in no way prejudice the copyright, the right of performers 
nor the right of film producers.  
  
DURATION OF RIGHTS 
Article 144 
 
The rights of broadcasting organizations shall run for 50 years counting from the date of the first 
broadcast irrespective of whether it is by wire or wireless means.    
Chapter 5 
RIGHTS OF PUBLISHERS IN THEIR EDITIONS 
 
RIGHT TO REMUNERATION FOR REPRODUCTION OF OWN WRITTEN  
EDITIONS FOR PRIVATE OR OTHER 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 u se, 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 pa ragraph (1) of this Article shall run for 50 years 
as from the date of the lawful publication of the work, and may be freely disposed with.  
  
RIGHT IN THE FIRST 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 e xpired, 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 
disposed with.  
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  Chapter 6 
RIGHTS OF PRODUCERS OF DATABASES 
 
DATABASE, PRODUCER OF DATABASES 
Article 147 
 
(1)  A database, under this Chapter of the Act, sh all 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 qualitatively and/or quantitatively 
substantial investment in terms of r esources, 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 pa ragraph (1) shall be inde pendent of its protection 
by copyright or any other right.  
 (4)  Disposition with the right of the producers of databases shall be free. The right of the 
producers of databases shall in no way prejudice the copyright, the right of performers, the 
right of producers of phonograms, the right of film producers, nor the right of broadcasting 
organizations.  
  
SUBJECT MATTER OF PROTECTION 
Article 148 
 
(1)  A subject matter of protection shall, accordi ng to the provisions of this Chapter, include:  
 
1.  the whole contents of a database;   2.  any qualitatively and/or quantitatively substan tial part of the contents of a database;  
 
3.  qualitatively and/or quantitatively insubsta ntial parts of the contents of a database, 
when these parts are used repeatedly and systematically, which conflicts with a 
normal use of the database or which unreasona bly prejudice the legitimate interests of 
the producer of the database.  
 
(2)  The protection regulated by this Article sh all 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 th e 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;  
 IP/N/1/HRV/C/2 
Page 46  
 
  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 distributio n right extends only to the resale.  
 
 
EXCEPTIONS 
Article 150 
 An authorized user of a disclo sed database may, without the authorization of its producer, use the 
substantial parts of its contents in the case:   
1.  referred to in Article 149, item 1 of this Act for private use of a non-electronic 
database;  
 
2.  referred to in Article 149, item 1 of this  Act for use intended for teaching or scientific 
research, provided that the source is indicated and to the extent justified by the non-commercial purpose;  
 3.  referred to in Article 149, items 1, 2, 3,  and 4 of this Act for use required for public 
safety, or for administrative or judicial proceedings.  
  
RIGHTS AND OBLIGATIONS OF AUTHORIZED USERS 
Article 151 
 
(1)  An authorized user of a disclosed datab ase may not be prevented from using insubstantial 
parts of its contents for any purposes. Where the authorized user is aut horized 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 ma de 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 av ailable to the public may not cause damage to the 
holder of a copyright or related right in respect of the works or subject matter contained in 
that database.  
 (4)  Contractual provisions, which are contrary to pa ragraphs (1), (2) and (3) of this Article shall 
be null and void.  
  
DURATION OF RIGHTS 
Article 152 
 
Rights of a producer of a database shall run for 15 years as from the date of the completion of the making of the database. If the database is lawfully disclosed during this period, the rights shall run for 
15 years as from the first such disclosure.  
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  DURATION IN CASE OF SUBSTANTIAL CHANGE 
Article 153 
 
Any qualitative or quantitative substa ntial change of part of the cont ents of a database, which is a 
qualitative or quantitative substantially new investment in  contents of the database, shall result with a 
new term of protection referred to in paragraph (1) of this Article∗. A substantial change of the 
contents a database shall also include successive add itions, deletions and alternation of the database.  
 
 
IV. MANAGEMENT OF RIGHTS 
 
ACTIVITY RELATED TO THE MANAGEMENT OF  
COPYRIGHT AND RELATED RIGHTS 
Article 154 
 
(1)  The management of copyright or related ri ghts (hereinafter: management of rights) shall 
include the following tasks, in particular:  
 
•  giving authorizations for the use of the subject matter of copyright and related rights 
(subject matters of protection), where this authorization is required by the Act;  
 
•  collecting of remunerations for the use of the subject matter of protection, where used 
subject to payment of remuneration;  
 •  distributing of collected remunerations among the right holders;  
 
•  supervising the use of the subject matters of protection;   •  initiating and carrying out protection pro ceedings in the case of infringement of the 
rights having been managed;  
 
(2)  The management of rights may include all or some of the activities referred to in 
paragraph (1) of this Article.  
  
INDIVIDUAL MANAGEMENT OF RIGHTS 
Article 155 
 
(1)  The management of rights that relates to an  individual use of a particular subject matter of 
protection, in accordance with the relevant contr act between the right holder and the user of 
the subject matter of protection, shall be carried  out by the right holder himself or through a 
representative.  
 (2)  The tasks of an authorized representative may be carried out by an attorney at law, a 
specialized legal person for the management of copyright and related rights, and an 
association referred to in Article 157 of this Act.  
 
(3)  A specialized legal person referred to in pa ragraph (2) shall be a company with at least one 
employee with a law degree.  
 
                                                     
 
∗ The correct expression shall read: Article 152 of this Act. IP/N/1/HRV/C/2 
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COLLECTIVE MANAGEMENT OF RIGHTS 
Article 156 
 
(1)  Collective management of rights may include the following:  
 
1.  Rights of authors:    a.  right of public performance, right of public transmission, right of public 
communication of a fixed work, right of broadcasting, right of rebroadcasting, right 
of public communication of a broadcasting a nd right of making available to the public 
of non-stage musical and literary works;  
 
b.  right of reproduction (audio recording) of musical works;   
c.  right of distribution, including the right of rental and the right to a remuneration 
referred to in Article 20 pa ragraph 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 rebroa dcasting 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;  
 
g.  right to a remuneration for reproduction of  a fixed performance for private or other 
personal use.  
 3.  Rights of producers of phonograms:  
 
a.  right of making available to the public of a phonogram;   b.  right to a remuneration for broadcas ting and public communication of a phonogram;  
  IP/N/1/HRV/C/2 
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  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.  right to a remuneration for reproduction of  a videogram for private or other personal 
use.  
 5.  Rights of publishers:  
 
 a.  right to a remuneration for reproduction of their written editions for private or other 
personal use.  
 (2)  The right of broadcasting and rebroadcasting re ferred to in paragraph (1), items 1a) and 2c), 
the right to a remuneration for broadcasting refe rred to in paragraph (1) item 3b) the rental 
right referred to in items 1c), and where it rega rds recorded musical works, 2e) and 3c), the 
right to a remuneration for public lending referred to in items 1d), 2f), 3d) and 4a), and the 
right to a remuneration for reproduction for pr ivate and other personal use referred to in 
items 1f), 2g), 3e), 4b), 5a), shall be mana ged 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 broad casting organization in respect of its own 
broadcasts, irrespective of whether the rights c oncerned 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 carri ed out by an association of the right holders, 
which has the authorization granted by the Stat e 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 management  of rights as its only activity, unless its other 
engagements relate to the cultural or ar t activities, and to the activities aiming at 
professional or social interests of its members.  
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Page 50  
 
  (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 management association ma y manage one, two or more types of rights that 
usually relate to a particular category of th e holders of copyright or related rights.  
 
(2)  The association may entrust certain kind of tasks regarding the management of rights to some 
other association referred to in Article 157, paragr aph (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 a nd for the account to the entrusting association.  
 
(3)  The association may entrust the administra tive, technical or accessory works to another 
natural or legal person, in the form of a written contract.  
  
AUTHORIZATION FOR THE MANAGEMENT OF RIGHTS 
Article 159 
 
(1)  The collective management of rights referred to  in Article 156 of this Act, with respect to the 
same category of right holders can be entrusted by the Office to one association only, and that 
to an association to which the most right holders  have given their powers of attorney for the 
management of their rights, and which has the most contracts on mutual representations with 
foreign associations, all in accord ance with the professional criteria referred to in Article 169, 
paragraph (2) of this Act.  
 (2)  It shall be presumed that the association referre d to in paragraph (1) of this Article has powers 
of attorney of all domestic and foreign right holders of a resp ective right, unless a right holder 
has explicitly notified the association, in a written form, not to manage his rights.  
 
(3)  A collective rights management association sh all 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 matter of 
protection, submit to a relevant collective ri ghts management association a request for the 
authorization of such use. The request shall include information on the type and 
circumstances of the use (such as manner, place and time of the use, and other information required for establishing the amount of remuneration).  
 (2) The collective rights management association sha ll give to a user its authorization for the use 
of the subject matter of protection for the mana gement 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.  
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  (3)  A user shall submit to a collective rights management association, without delay, the 
information relating to any change of circumstanc es of such use or of its termination, in order 
to change the conditions under which the author ization has been granted or to withdraw the 
authorization.  
 
(4)  A natural or a legal person who or which a llows the use of her or its premises to another 
person who uses subject matters of protection in  such space, shall check  whether that person 
has the adequate authorization for the use of th e subject matter 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 matters of protection 
will be used in such premises shall be join tly and severally liable to pay a corresponding 
remuneration for the use of the subject matter of protection.  
 
COLLECTING OF INFORMATION 
Article 161 
 
In case of insufficient information on or an unauthori zed use of the subject matter of protection, the 
competent state administration bodies or other le gal persons, shall submit to the collective rights 
management associations at their request the inform ation from their own records that relate to the 
management 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 matter of protection shall be regulated by a contract 
between a collective rights management associa tion and a user of the subject matter of 
protection, or between a collective management association and an association of users or 
their chamber.  
 (2)  If the remuneration is not fixed in accordance with paragraph (1) of this Article, it shall be 
paid according to the tariffs adopted by a collective rights management association.  
 
(3)  Collective rights management associations sh all, 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 or ganizations gathering the majority of users 
of subject matters of protection (hereinafter: th e Associations of Broadcasting Organizations).  
 
(4)  If the Chambers and Associations of Broa dcasting Organizations fail to furnish a written 
declaration to a collective rights management as sociation within 30 days, it shall be deemed 
that they do not oppose to the proposed tariffs.  
 (5)  If a collective rights management associa tion does not accept or only partially accepts the 
objections of the Chambers, and Associations of  Broadcasting Organizations it shall, within 
15 days following the receipt of such writte n objections, request the Council of Experts 
Dealing with Remunerations for Copyright and Re lated Rights (hereinafter referred to as: the 
Council of Experts) for their opinion on the s ubject matter of disagreement. The Council of 
Experts shall, within 30 days following th e receipt of objections, render its opinion.  
 
(6)  Until the procedure for adopting the tariffs refe rred to in paragraphs (3), (4) and (5) of this 
Article is completed, the remuneration shall be paid in accordance with the approved tariffs or 
as an advance payment according to the proposed tariffs if the tariffs for particular subject 
matter of protection are not approved.  IP/N/1/HRV/C/2 
Page 52  
 
  (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 management of which a collective 
rights management association has the authori zation granted 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 w ithin the period referred to in pa ragraph (5) of this Article, it 
shall be deemed that it agrees with the proposed tariffs.  
 (8)  After the completion of the procedures referred to in this Article, the tariffs shall be published 
in the Official Gazette of the State Intellectual Property Office.  
 
 
MEDIATION 
Article 163 
 
(1)  The Council of Experts shall also act as a mediator between the broadcasting organizations 
and cable operators in the cases of conclusi on 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 E xperts will, as a mediator in negotiations, assist 
the parties to achieve the agreement. The Counc il of Experts shall be authorized to submit 
proposals to the parties concerning the regulation of their mutual relations. The proposals shall be submitted in person, or by register ed mail. If none of the parties expresses its 
opposition by registered post within three months as from the receipt of the proposal, it shall 
be considered that both parties accept such pr oposal, and are required to include it in the 
contract on cable retransmission.  
 (3)  The broadcasting organization and the cab le operator shall enter, conduct and finish 
negotiations regarding a contract on cable retr ansmission in good faith. They shall be liable 
for any abuse of negotiations or negotiating positions, or their rights in compliance with the general legislation.  
 
 
STRUCTURE AND RESPONSIBILITIES OF THE COUNCIL OF EXPERTS 
Article 164 
 (1)  The Council of Experts shall consist of a president and four members. They shall be 
appointed by the Government of the Republic of Croatia, on the proposal by the minister, for a period of four years. A president and th e members shall be selected from among the 
renowned experts, who may contribute to the achievement of objectives of the Council of 
Experts owing to their prior accomplishments  and expertise in issues related to the 
implementation of copyrigh t and related rights.  
 
(2)  The minister shall initiate the procedure of el ection of the president and members, by a public 
invitation.  
 (3)  If the minister considers that the propo sed candidates are not adequate to assure the 
appropriate structure of the Council of Expert s, he may repeat the election procedure.  
 (4)  The Council of Experts renders its opinions on a session by the majority of votes of all its 
members.  
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  (5)  The Council of Experts may, prior to deliver ing its opinions, invite other competent persons 
having expertise in certain issues, to atte nd the sessions, without the right to vote. The 
sessions of the Council of Experts may also be attended, without the right to vote by the 
officials and other employees of the Office dealing with the subject matter of the session.  
 
(6)  The president, the members of the Council of  Experts as well as the invited experts shall have 
the right to a remuneration for their work. Th e remuneration shall be paid by the parties 
involved in the respecting matter in the equal shares, unless otherwise decided by the Council of Experts.  
 
(7)  The Council of Experts shall adopt its Rul es of Procedure. The amount of the remuneration 
referred to in paragraph (6) of this Artic le shall be prescribed by the minister.  
  
PRINCIPLES FOR ESTABLISHING THE AMOUNT 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 matter against payment, the amount of remunerations shall be fixed in principle 
as a percentage of the income or earning from such use.  
 
(2)  If the use of the subject matter of protection results with no income or earning, the amount of 
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 ri ghts management association the information required 
for fixing the remunerations as a percentage, such association may establish the amount of 
remunerations according to information collected in  compliance with Article 161 of this Act.  
 (5)  If the use of the subject matter of protection is not essential for a user, but is useful or 
enjoyable (accommodation facilities, exposition places, transport means and certain catering 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 referre d to in paragraph (3) 
of this Article, circumstances 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, 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 u se of the subject matter of protection.  
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  (2)  A user shall submit to a collective rights management association complete information 
concerning the place and time of the use of a pa rticular subject matter of protection for the 
reason of distribution of collected remunerations , within a time limit stipulated in a contract 
on use. If such contractual provision does not exis t, a user shall submit such information to a 
collective rights management association within  15 days from the date of the use.  
 
(3)  If distribution based on the information on the use is not possible, or if such distribution 
would obviously be uneconomical, the distribution may be carried out by the application of a method of sampling corresponding to the greatest extent to the actual use.  
 
 
RULES RELATING TO THE DISTRIBUTION OF REMUNERATIONS 
Article 167 
 
(1)  A collective rights management association sh all have rules relating to the distribution of 
collected remunerations adopted by a body estab lished by the statute of that association.  
 (2)  The rules shall contain in particular provisions concerning:   
•  subject matter of protection and right holders to which the rules apply;   
•  determination of a share of a particular right holder in collected remunerations, which 
may stimulate the subject matters of protection of a particular value for culture and national creativity;  
 •  determination of amounts to be paid afte r the deduction of cost incurred in managing 
of the right, the allocation for funds envisaged by law, the statute of the association or 
by international contracts on mutual repr esentation of collective rights management 
associations;  
 •  terms for accounting and paymen t of distributed remunerations.  
 
(3)  The collected remunerations shall be only u sed in accordance with th e rules referred to in 
paragraph (2) of this Article.  
 (4)  Contracts on distribution concluded between th e right holders of the same work shall override 
the rules of distribution.  
 
(5)  Total costs of a collective rights manageme nt association may amount to no more than 30% 
of the collected remunerations.  
 (6)  Accounting and distribution of remunerations  shall be carried out at least once a year.  
 
(7)  General statement of account regarding dist ribution shall be established by a competent body 
of an association, and audited and eval uated by an authorized auditor.  
 (8)  An association shall deliver to the Office its statement of account regarding distribution 
referred to in paragraph (7) of this Article w ithin 15 days as from receipt of the auditing 
report.  
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  SUPERVISION OF USE OF THE SUBJECT MATTER OF PROTECTION 
Article 168 
 
(1)  A collective rights management association ma y supervise the use of the subject matter of 
protection in respect of which it has the authorization granted by the Office.  
 
(2)  Users of the subject matter of protection shall provide a collective rights management 
association with information relevant for the ma nagement of rights, and enable the inspection 
of relevant documents.  
 
(3)  At a request of a collective rights manage ment association, the state administration bodies 
responsible for inspections, and the cust oms services, as well as, competent police 
administrations and police stations shall provide assistance to the collective rights management association in exercising superv ision referred to in paragraph (1).  
 
(4)  At a request of an author, or a collectiv e rights management association the competent police 
administration or a police station shall prohibit a performance at which subject matters of protection are used, if its organizer does not have the authorization of the author, that is, of a 
collective rights management association.  
 
ACTIVITIES OF THE OFFICE WITH REGARD TO THE COLLECTIVE 
 MANAGEMENT OF RIGHTS 
Article 169 
 
(1)  The Office shall grant authorizations to the collective rights management associations referred 
to in Article 157 of this Act.  
 
(2)  The Minister shall prescribe the professional criteria and procedure of granting the 
authorizations referred to in paragraph (1) of this Article.  
 (3)  The Office shall keep the records of th e collective rights management associations.  
 
(4)  The Office shall revoke the authorization referre d to in paragraph (1) of this Article, if an 
association ceased to comply with the prescribed  criteria, and if seriously and repeatedly 
violates the provisions of this Act. In such case,  prior notice in writing shall be given to the 
collective rights management association by the Office, and the Office shall set a time limit of 30 days for the collective rights management association to eliminate the found irregularities.  
 
(5)  A decision on the grant of the authoriza tion for collective management, and a decision of 
revocation of such authorization shall be publishe d in the Official Gazette of the Office. The 
revocation of the authorization referred to in para graph (4) of this Article shall take effect on 
the 30th day following its publication.  
 
(6)  The Office conducts inspection of the work of  the collective rights management 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 carry ing out inspection procedure (hereinafter: the 
inspector) shall be authorized to require in sight in the documents and business records 
regarding the collective management of rights.  IP/N/1/HRV/C/2 
Page 56  
 
   
(2)  If during the inspection the inspector finds that a collective rights management association 
manages the rights contrary to the issued decision or contrary to the provisions of this Act, he 
shall, in the form of a decision, order such deficiencies and irregularities to be eliminated, 
within a certain time limit.  
 
(3)  If the deficiencies and irregularities are not e liminated within the prescribed time limit, the 
inspector shall file a request for the initiation of a misdemeanour procedure in respect of the offence referred to in Article 191 of this Act, or he shall revoke the authorization referred to 
in Article 169, paragra ph (4) of this Act.  
 
(4)  Based on a report on the matter, the inspector may file a request for the misdemeanour 
procedure on the basis of his finding, and irr espective of the time limit prescribed in the 
decision for the elimination of deficiencies.  
 
(5)  The inspector shall inform the state administ ration office, keeping the entry of the association 
in the register of associations, about the taken m easures 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, technica l and administrative activities related to the 
establishment and operation of the Council of Expert s Dealing with Remunerations for Copyright or 
Related Rights, and other activities within its competence in this field.  
 
 
V. PROTECTION OF RIGHTS IN THE CASE OF THE 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 ri ght to protection referred to in paragraph (1) of 
this Article shall entitle its holder to claim fro m 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 unauthor ized use, payment of penalty provided by 
law, return of all the benefits acquired unjustly by infringements of rights (return of unjustly 
acquired benefits), establishment of the co mmitted infringement and the publication of the 
valid judgment by which the court has even partially complied with the claim for the 
protection of the right under this Act.  
 (3) In addition to the original right holder under th is Act, entitled to adequate protection shall also 
be the persons who have acquired a right deri ved from such rights on the basis of a legal 
transaction, and in compliance with the cont ents and nature of such derived right.  
 (4)  The right to protection shall pass on to hires.    IP/N/1/HRV/C/2 
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  (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 infringement of rights under this Act shall not enjoy protection 
provided by this Act.  
 (8)  The provisions of this Article shall not affect  the claims provided by other provisions of this 
Act.  
  
SOLIDARITY 
Article 173 
 
(1)  Where a right under this Act has been infri nged each of the right holders of the same right 
may claim protection of the infringed right agai nst 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 obligator y rules on undivided obl igations. 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 sha ll 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 management asso ciation proves an infringement of the rights 
which, under this Act, it is authorized to manage  collectively, the infringement of the rights of 
individual right holders mana ged collectively shall not be necessarily established.  
  
PROTECTION OF TECHNOLOGICAL MEASURES 
Article 175 
 
(1)  The circumvention of effective technological measures designed to protect the rights provided 
by this Act shall represent the infringement  of such rights, unless otherwise specially 
provided by this Act.  
 
(2)  The circumvention of technological measure s shall also mean, under this Act, manufacture, 
import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of technology, computer progr ams, devices, products or components, or 
the provision of services which:  
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  •  are promoted, advertised or marketed for the purpose of circumvention of 
technological measures,  
 •  have only a limited commercially significan t purpose or use other than to circumvent 
technological measures,  
 
•  are primarily designed, produced, adapted or performed for the purpose of enabling 
or facilitating the circumvention of effective technological measures.  
 (3)  A request may be filed against a person who knew or had reasonable grounds to know that 
she or he was circumventing or enabling the circ umvention 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 sh e or he is circumventing or enabling the 
circumvention of technological measures.  
 
(4)  For the purposes of this Act, technological  measures shall mean any technology, computer 
program, device, product or component thereof that in the normal course of its operation is designed to prevent or restrict acts, which are not authorized by the right holder under this Act. The technological measures shall be cons idered effective where the use of copyright 
works or subject matters of related rights is restricted by the right holders under this Act 
through the application of an access control or a protection process, such as encryption, 
scrambling or other alteration of the work or other subject matter or a copy control 
mechanism, which achieves th e 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-management 
information, produces, distributes, imports for the purpose of putting them on the market, 
broadcasts, communicates to the public or makes available to the public  a copyright work and 
subject matter of related rights from which th e electronic right-management information has 
been removed or altered without the authori zation of a right holder, and who knows or has 
reasonable grounds to know that she or he  causes, enables, facilities or conceals the 
infringements of the rights under this Act.  
 (2)  Right-management information, under this Ac t, shall mean, any information provided by the 
right holders identifying a copyright work or a subject matter of related rights, the right 
holder, the terms and conditions for use, and thei r relevant numbers and codes, where they are 
indicated on a copy of a copyright work or subj ect matter of related rights under this Act or 
when they appear in connection with  their communication to the public.  
  
CLAIM FOR CESSATION OF INFRINGEMENT 
Article 177 
 
(1)  A right holder under this Act whose right has been infringed may claim the cessation and the 
prohibition of such or like future infringements.  
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  (2)  To exercise his right referred to in paragraph (1) of this Article, it shall be sufficient that the 
right holder invokes it, and proves that the defendant disturbs him. If the defendant claims that he has the right to undertake the actions that disturb the right holder, he shall prove it.  
  
CLAIM FOR COMPENSATION OF DAMAGES 
Article 178 
 
If the infringement of any rights under this Act resu lted with damages, the right holder is entitled to 
claim compensation for damages, in accordance with  the general rules on compensation for damages.  
 
 
CLAIM FOR COMPENSATION FOR UNAUTHORIZED USE AND CLAIM FOR BENEFITS 
ACQUIRED BY UNAUTHORIZED USE 
Article 179 
 
(1)  If the unauthorized use of a work or a subject matter of related rights has infringed the right of 
a right holder under this Act, the right holder or a collective rights management association 
managing respective rights may claim remuneration which is usually obtained for such use or 
remuneration prescribed by the tariffs referred to in Article 162, paragraph (2) of this Act.  
 
(2)  The right which is managed collectively shall be considered infringed as described in 
paragraph (1) of this Article, where the work or  the subject matter of related rights are used 
without a contract or without the authorization of a collective rights management association or where a contract or an authorization are not valid.  
 
(3)  If the unlawful use of any rights under this Act resulted in a benefit, the right holder shall be 
entitled to claim the benefit so acquired, in accordance with the general rules on unjustified 
acquisition.  
  
CLAIM FOR PUBLICATION OF COURT DECISION 
Article 180 
 
A person whose right under this Act has been infringe d, shall be entitled to claim that a valid court 
decision, complying even partially with the claim for the protection of such right, be published in public media at the infringer's expense. The court sh all, at the plaintiff's proposal, decide in what 
public medium the decision shall be published and whether the decision would be published entirely 
or partially. If the court decides that only a part of its decision shall be published, it shall be at least a 
sentence, and the part of the decision indicating th e 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.  
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  (2)  Instead of the measure referred to in para graph (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 Ar ticle or is their owner, deliver such copies 
against compensation which shall not exceed the costs of the manufacture thereof.  
 
(3)  The provisions of paragraphs (1) and (2) of th is Article shall apply to architectural works only 
where there is a specially justified reason for the destruction or delivery thereof.  
 (4)  If the measures referred to in paragraphs (1), (2) and (3) of this Article are in a certain case 
disproportional with the nature and intensity of  the infringement, and the infringement may be 
repaired otherwise, the court may order othe r necessary measures for such a case. In such a 
case, the right holder is entitled at least to re muneration in the amount not lesser than he 
would obtain for the authorized  use of the respective right.  
 (5)  The measures referred to in pa ragraphs (1) and (2) of this Artic le shall not apply to separable 
parts of copies, the manufacture and putting on the market of which are not unlawful.  
 (6) The provisions of this Article shall apply mutatis mutandis  also to the objects, which are used 
in or intended for the manufacture of copies, infringing the rights under this Act, or which are exclusively or predominantly intended for that purpose.  
 
(7)  The provisions of this Article shall not apply if destruction of the objects referred to in 
paragraph (6) of this Article would cause greater damage than the damage caused by the infringement of the rights under this Act, unless it concerns the objects, which are exclusively 
or predominantly intended for the infring ement 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 pu tting on the market, or that they are intended 
for putting on the market, and not later than within 5 years as from the unlawful manufacture 
or putting on the market thereof.  
 
 
CLAIM IN THE CASE OF INFRINGEMENT OF THE RIGHT COMPRISING THE 
INDICATION OF THE AUTHOR AND PERFORMER 
Article 182 
 (1)  In addition to other claims envisaged by th is 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 subse quently 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 indicat ed with the use of the work or with the use 
of the performance.  
 (3)  The author or the performer shall not be entitle d 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.  
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  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 remunerati on (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 dama ge 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 sh all not be subject to the statute of limitations, 
unless otherwise provided by this Act.  
 
(2)  The claims under this Act, which are by th eir nature obligatory, and for which special time 
limit as to statute of limitations is not provided, shall be subject to statute of limitations according to the general rules to that effect.  
 
 
PROVISIONAL MEASURES 
Article 185 
 
(1)  At a proposal of an authorized person who ma kes 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 infringement, or resulting from the infringement, or of objects and means that may serve as evidence of the committed infringement of such 
rights,  
 •  prohibition of continuation of acts which might infringe such rights, or are infringing 
such rights,  
 •  prohibition of a performance unlawfully using the rights provided by this Act.  
 
(2)  The court shall order a proposed provisional me asure, if the other party, at the invitation by 
the court, and upon the proposal of the author ized 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 pr ovisional measures provided in paragraph (1) of 
this Article, the court shall order such measur es without prior notification of the other party 
(inaudita altera parte).  IP/N/1/HRV/C/2 
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  (4)  The corresponding provisions of the Execution Ac t shall be applied to any matter concerning 
the ordering of provisional measures, not regulated by this Act.  
  
CUSTOMS MEASURES 
Article 186 
 
On a request of the right holder of a copyright or a related right or of a collective rights management association under this Act, who makes it likely that the import, export, or crossing of the border line of certain goods would infringe the rights under this Act, the customs authorities shall take 
appropriate measures in accordance with special cu stoms regulations regarding the procedure in 
respect of goods infringing the intellectual property rights.    
DUTY TO PROVIDE INFORMATION 
Article 187 
 
(1)  Any person who, in the course of his business, learns of an infringement of a right under this 
Act, shall, at a request of a right holder or a collective rights management association, provide 
without delay any information and evidence re lated to the committed infringement, and in 
particular information regarding the origin of infringing copies and the manner of their 
putting on the market. Duty to provide informa tion 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, distributed, received or ordered unlawfully manufactured copies.  
 
(2)  Where the person referred to in paragraph (1 ) of this Article fails to give the required 
information or evidences in his possession, she or he shall be liable for damages that may be 
caused by his failure to comply.  
 (3)  The provision of paragraph (1) of this Article  shall not apply in respect of persons who would 
in a civil 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 lawf ul distributor of the encrypted satellite signal, 
manufactures, imports, distributes, rents or otherwise makes available to the public, or, 
provides services of installing tangible or in tangible device or system for decoding such 
signal, if he knows or has reasonable grounds to know that the device or system serves 
primarily for decoding an encrypted satellite signal, shall be punished by a fine or by 
imprisonment up to three years.  
 
(2)  If the commitment of the criminal act referred to in paragraph (1) of this Article has resulted 
in a substantial financial gain or has caused  a substantial damage, and the perpetrator has 
acted with the aim of acquiring such financia l gain or causing such damage, he shall be 
punished by imprisonment from six months up to five years.  
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  (3)  Whoever receives an encrypted satellite signal that has been decoded without the 
authorization of its lawful distributor or furt her distributes such signal, if he knows or has 
reasonable grounds to know that such signal is  decoded without authorization, shall be 
punished by a fine.  
 
(4)  If the commitment of the criminal act referred to in paragraph (3) of this Article has resulted 
in substantial financial gain or has caused subs tantial damage, and the perpetrator acted with 
the aim of acquiring such financial gain or cau sing such damage, he shall be punished by a 
fine or by imprisonment up to three years.  
 
(5)  The objects intended or used for the commitm ent of the criminal act or resulting from the 
commitment of the criminal act referred to in paragraphs (1) and (2) of this Article shall be 
seized and destroyed.  
  
2. Misdemeanours 
 
INFRINGEMENT OF COPYRIGHT AND RELATED RIGHTS 
Article 189 
 
(1)  Any legal entity shall be punished fo r a misdemeanour by a fine amounting from 
HRK 5,000.00 up to 50,000.00, if it:  
 
1.  without the authorization of the author  discloses for the first time or prior to 
disclosure reveals to the public the content or description of the copyright work, or 
uses the work without indication of the author ship 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 
management association reproduces, distributes, stores, or undertakes other acts for 
the purpose of distribution, or otherwise communicates to the public a copyright work, or alters it, or uses the work without paying remuneration, or otherwise unlawfully uses the work (Articles 18 - 33),  
 
3.  distributes or possesses for commercial purposes a copy of a computer program, 
knowing or having reasons to believe that it is the infringing copy, distributes or possesses for commercial purposes any means the sole intended purpose of which is to facilitate unauthorized removal or circ umvention of a technical device for the 
protection of a computer program (Article 112).  
 
4.  without indication of the name, pseudony m 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 pr events such indication, publicly uses his 
performance, or without the authorization of a performer distorts, mutilates or otherwise modifies the performance, or u ses 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 performers' rights 
management association fixes its unfixed  performances, reproduces, distributes, 
stores or undertakes other acts for the purpose of distribution rents, publicly transmits IP/N/1/HRV/C/2 
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  performer's unfixed performances, pub licly communicates by phonograms or 
videograms, publicly presents, broadcasts or  rebroadcasts performer's unfixed and 
fixed performances, makes available to th e public, or otherwise unlawfully uses his 
performance (Article 125),  
 
6.  without the authorization of a producer of phonograms or of a collective performers' 
rights management association reproduces, distributes, stores or undertakes other acts for the purpose of distribution, rents, make s 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, distributes, stores or undertakes other acts for the purpose of distribution, rents, publicly presents, makes available to the public or otherwise unlawfully uses the original of a videogram or its copies (Article 139),  
 
8.  without the authorization of a broadcas ting organization rebroadcasts its broadcasts 
by wireless means or by wire, reproduces, distributes, stores or undertakes other acts for the purpose of distribution, publicly co mmunicates a broadcast against payment of 
an entrance ticket, makes available to th e public or otherwise unlawfully uses the 
fixations of its broadcasts (Article 143),  
 
9.  without the authorization of a lawful distributor of an encrypted satellite signal, 
manufactures, puts into circulation, distributes, rents, makes available to the public, installs or adapts a device or a system for decoding of encrypted satellite signal, or 
receives an unlawfully decoded satellite signal or otherwise unlawfully uses the 
encrypted satellite signal (Article 188),  
 10.  without the authorization of a publisher and without paying him a remuneration 
photocopies for private or other personal use his written editions (Article 145),  
 11.  without the authorization of a maker of databases reproduces, distributes, rents, 
makes available to the public, communicat es 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.  removes or alters the electronic ri ght-management information on copyright and 
related rights (Article 176).  
 (2)  A responsible person in a legal person shall be punished for the misdemeanours referred to in 
paragraph (1) of this Article by a fine amounting from HRK 2,000.00 up to 10,000.00.  
 
(3)  A natural person, including a craftsman or a single trader shall be punished for the 
misdemeanours referred to in paragraph (1) of this Article by a fine amounting from 
HRK 2,000.00 up to 10,000.00.  
 
(4)  The objects resulting from the commitment of misdemeanours referred to in paragraph (1) of 
this Article shall be seized and destroyed, and the objects intended for or used in the 
commitment of misdemeanours referred to in para graph (1) of this Article shall be seized.  
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  (5)  A legal or a natural person, including a craftsman or a single trader who commit the 
misdemeanours 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 misdemeanour is especially ser ious, owing to the manner of commitment, its 
consequences, repeated commitment or othe r circumstances of the committed misdemeanour 
which make it particularly severe.  
  
FAILURE TO PROVIDE INFORMATION TO A COLLECTIVE  
RIGHTS MANAGEMENT ASSOCIATION 
Article 190 
 
(1)  Any legal person which does not submit to the collective rights management association 
under this Act the complete information regardin g 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 puni shed for a misdemeanour by a fine amounting 
from HRK 3,000.00 up to 30,000.00.  
 (2)  A responsible person in a legal person shall be punished for the misdemeanours referred to in 
paragraph (1) of this Article by a fine amounting from HRK 1,000.00 up to 5,000.00.  
 
(3)  A natural person, including a craftsman or a single trader shall be punished for the 
misdemeanours referred to in paragraph (1) of this Article by a fine amounting from 
HRK 1,000.00 up to 5,000.00.  
 
 
UNAUTHORIZED COLLECTIVE MANAGEMENT OF RIGHTS 
Article 191 
 
(1)  Any legal person which, without the authoriza tion, or contrary to the authorization of the 
competent authority performs the collective mana gement of rights, shall be punished for a 
misdemeanour by a fine amounting from HRK 5,000.00 up to 50,000,00.  
 (2)  A responsible person in a legal person shall be punished for the misdemeanour referred to in 
paragraph (1) of this Article by a fine amounting from HRK 1,000.00 up to 5,000.00.  
 
 
MISDEMEANORS COMMITTED FOR ECONOMIC BENEFIT 
Article 192 
 
(1)  If any legal person commits the misdemeanour s under this Act for economic benefit, it shall 
be punished by a fine amounting from HRK 10,000.00 up to 100,000.00.  
 
(2)  A responsible person in a legal person shall be punished for the misdemeanours referred to in 
paragraph (1) of this Article by a fine amounting from HRK 4,000.00 up to 10,000.00.  
 (3)  A natural person, including a craftsman or a single trader shall be punished for the 
misdemeanours referred to in paragraph (1) of this Article by a fine amounting from 
HRK 4,000.00 up to 10,000.00.  
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  STATUTE OF LIMITATIONS 
Article 193 
 
The procedures regarding misdemeanours under this Ac t may not be initiated after the expiration of 
three years as from the commitment of misdem eanours, and pronounced sentences regarding 
misdemeanours may not be executed after the expira tion of two years following the day on which the 
decision on the misdemeanours 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 pe rsons (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 internati onal agreements or on the basis of actual 
reciprocity.  
 (3)  Regardless of the provisions of paragraphs (1 ) and (2) of this Article , foreign nationals, under 
this Act, shall enjoy the protection:  
 
1.  with respect to the works written in the Croatian language;  
 2.  with respect to moral rights - in any case;   3.  with respect to resale right and rights to databases as the subject matter of related 
rights - based on actual reciprocity.  
 
(4)  Without prejudice to the provisions of paragra phs (2) and (3) of this Act, a foreign person 
shall not have more extensive protection in the Re public of Croatia than it has in the state of 
which he is a national or in wh ich he has its principal place of business, if the persons referred 
to in paragraph (1) of this Article have in  the state of the foreign person less extensive 
protection than they 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 architect ure 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.  
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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.    
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 Ac t, shall be enjoyed by foreign producers of 
phonograms and film producers if the first fixation of their phonogram or videogram occurred in the 
Republic of Croatia.  
  
BROADCASTING 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 broadcasting 
organizations that transmit their broadcasts thr ough transmitters located in the territory of the 
Republic of Croatia.   
 
COMPARISON OF TERMS OF PROTECTION 
Article 199 
 
(1)  The terms of protection under this Act sha ll apply to foreign authors who enjoy protection 
under this Act, but the terms of protection sha ll expire not later than on the day when the 
protection expires in the state of which these authors are nationals, and shall not exceed the 
terms under this Act.  
 (2)  Within the scope of application of internati onal treaties, the terms of protection under this Act 
shall apply to foreign holders of related right s who enjoy protection under this Act, but the 
terms of protection shall expire not later than  on the day when the protection expires in the 
state of which these holders are nationals or in which they have their principle place of business, and shall not exceed the terms provided by this Act.  
  
SPECIAL PROVISIONS 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 Ac t, whose copyright work or subject matter of 
related rights has been communicated to the public by satellite, when, under the control and 
responsibility of a broadcasting organization, the relevant program-carrying signals have been 
introduced in the Republic of Croatia in an uni nterrupted chain of communication leading to a 
satellite and down to the earth.  
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  (2)  The protection under this Act shall be available when the condition referred to in 
paragraph (1) of this Article has not been fulfilled, but:  
 
1.  an uplink station from which the program -carrying signals are transmitted is located 
in the Republic of Croatia, or  
 
2.  a broadcasting organization, which commissioned the communication to the public by 
satellite, has its principle place of business in the Republic of Croatia.  
  
STATELESS PERSONS 
Article 201 
 
(1)  Authors and holders of related rights that have no nationality or w hose nationality cannot be 
determined, shall enjoy equal protection under th is 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 FORCE 
Article 202 
 
(1)  This Act shall apply to all copyright wo rks, performances and broadcasts of broadcasting 
organizations in respect of which the rights have  not expired before the date on which this Act 
enters into force.  
 (2)  This Act shall apply to phonograms and to performances fixed thereon, if 50 years from their 
first fixation, or lawful publication or lawful  communication to the public have not expired 
counting from the beginning of the calendar year in which this Act entered into force.  
 (3)  This Act shall apply to videograms and publis hers' editions, as subject matter of related rights, 
which have been first fixed or lawfully publis hed after the entry into force of this Act.  
 
(4)  This Act shall apply to databases, as subject  matter of related rights, which were produced 
after 1 January 1983.  
 (5)  All the rights acquired before the entry into  force of this Act, including those acquired under 
Articles 19 - 23 of the Copyright Act (Official Ga zette of the Republic of  Croatia nos. 9/1999, 
76/1999, 127/1999 and 67/2001) shall remain in tact, and collective copyright and related 
rights management associations' tariffs (price lists ) shall apply even after the entry into force 
of this Act.  
 (6)  The provisions of the Copyright Act (Official Gazette of the Republic of Croatia nos. 9/1999, 
76/1999, 127/1999 and 67/2001) shall apply for three years as from the date of entry into 
force of this Act to copyright works created afte r this Act entered into force in the framework 
of employment contracts concluded before the entry into force of this Act.  
  IP/N/1/HRV/C/2 
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  (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 pr ovisions of this Act on Copyright in Legal 
Transactions.  
 
(8)  The collective copyright and related rights ma nagement 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 program s and databases shall also apply to computer 
programs and databases created before the date on wh ich this Act entered into force, provided such 
application is without prejudice to contracts conc luded and rights acquired before that date.  
  
PENDING PROCEDURES 
Article 204 
 Pending procedures regarding the protection of the ri ghts 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 this Act.    
SUBORDINATE LEGISLATION 
Article 205 
 
(1)  The Minister shall enact:   
1.  Regulations on Professional Criteria and Procedure of Granting Authorizations for 
Collective Management of Rights, referred to in Article 169 paragraph (2) of this Act;  
 2.  Regulations on Remunerations for Opera tion of the Council of Experts and Rules of 
Procedure of the Council of Experts, referred to in Article 164, paragraph (6) of this 
Act  
 
within 6 months as from 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 th e 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 management associations shall, within  six months after the entry into force of this 
Act, furnish to the Office the first revised gene ral statement of account regarding the distribution 
referred to in Article 167, pa ragraph (8) of this Act.  
 IP/N/1/HRV/C/2 
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CEASE OF THE VALIDITY OF LEGAL PROVISIONS 
Article 207 
 
(1)  On the date this Act enters into force, th e 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 (Offi cial Gazette of the Re public 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.  
  
ENTRY INTO FORCE OF THIS ACT 
Article 208 
 
This Act shall enter into force on the eight day follow ing its publication in the Official Gazette of the 
Republic of Croatia.   IP/N/1/HRV/C/2 
 Page 71 
 
 
   
THE ACT ON AMENDMENTS TO THE COPYRIGHT AND RELATED RIGHTS ACT  
 
Article 1 
 In the Copyright and Related Rights Act (Official Gazette 167/2003) in Article 4, paragraph (2) is 
amended to read:   "(2) The provisions of this Act concerning the defi nitions of particular economic rights of the author, 
the right to remuneration for reproduction of works for private or other personal use, the right to 
remuneration for public lending, as well as the exhaustion of the rights of distribution, exceptions and 
limitations of copyright, the beginning of the terms of protection and the effects of expiration of the 
terms of copyright, legal transactions of copyright , and the relation between copyright and ownership 
shall apply mutatis mutandis to related rights, unless otherwise specially provided for them, or arising 
from their legal nature."  
 
 
Article 2 
 
In Article 8, paragraph (2), item 1, the word "standards" is deleted.  
 
In paragraph (3), the second sentence is amended to read:  
 "The remuneration shall be used for the stimulation of the respective artistic and cultural creativity of 
predominantly non-commercial nature and cultural diversity in the respective artistic and cultural field 
in accordance with Article 167a, paragraph (1) of this Act."  
 
 
Article 3 
 
In Article 20 paragraph (2), the words "in the territo ry of the Republic of Croatia" are replaced by the 
words "in the territory of any of the Member Stat es of the European Union, or any of the States 
Parties to the Agreement Creating the Eu ropean Economic Area, respectively."  
  
Article 4 
 In Article 32, paragraph (5), items  1 and 3 the Croatian word translated as "appliances" is replaced by 
another Croatian word, with no relevance to the English translation.   In item 2 the words "audio or video" are repl aced by the words "audio, video or text".  
 After paragraph (7), paragraph (8) is added to read:  
 
"(8) An appropriate remuneration referred to in this Ar ticle shall be the one that has to be given fairly 
in a legal transaction, taking into account the like lihood of damage incurred to the author, where his 
work is without his authorization reproduced for pr ivate or other personal use, the application of 
technological protection measures, and other circum stances that may affect a proper decision on the 
form and amount of the ap propriate remuneration."  
  IP/N/1/HRV/C/2 
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  Article 5 
 
In Article 39, paragraph (1), the words "paragraph (1)" are deleted.    
Article 6 
 
In Article 44, paragraph (5), a sentence is added to read:   "In the case of doubt, a legal transaction comprising a disposition of copyright shall in other cases be 
interpreted for the benefit of the author."  
 In paragraph (6) the Croatian word translated as "e xploitation" 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 authors or other persons, respectively,  who applied technological protection measures to 
prevent access to a copyright work or the use of it, or who are authorized and have the possibility to 
remove them, fail to comply with the provisions of paragraph (1) of this Article, the person who 
claims to be authorized pursuant to any of the pr ovisions 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 measur es or who is authorized and h as 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 paragr aph (3) is inserted to read:  
 
"(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 th e author's authorization and without payment of 
remuneration, or the author or other person, resp ectively, who has applied technological protection 
measures to prevent the access to or use of copyri ght works, or who is authorized or has the 
possibility to remove them, may call upon the mediation of the Council of Experts referred to in Article 164 of this Act, in respect of the access to a copyright work and the use thereof in accordance 
with the limitation referred to in any of Articles 82 to 87 of this Act. The Council of Experts shall 
carry out the mediation in accordance with the provisions of Article 163 of this Act.   IP/N/1/HRV/C/2 
 Page 73 
 
 
  The former paragraph (3) becomes Paragraph (4).  
 In the former paragraph (4), which becomes paragrap h (5), the Croatian word translated as "chosen" is 
replaced by the same Croatian word in its correct form.   
After paragraph (5), a new paragr aph (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, i ndicate clearly and distinctly the application of 
technological measures on every copy of the copyri ght work produced or imported for commercial 
purposes, including information on the technological meas ure and its effects, as well as her/his name 
and address for contact."    
Article 10 
 
In Article 109, paragraph (3) is inserted to read:   "(3) The provisions of Article 20 of this Act on the exhaustion of the right of distribution shall apply 
mutatis mutandis to computer programs."  
 
 
Article 11 
 
In Article 128, paragraph (1), Ar ticle 136 and Article 141, the Croatia n word translated as "equitable" 
is replaced by another Croatian word translated as "appropriate".  
  
Article 12 
 
In Article 143, paragraph (2) the Croatian word tr anslated as "distributor" is replaced by another 
Croatian word translated as "operator".  
  
Article 13 
 In Article 145, paragraph (1), after the word "right  to" the Croatian word translated as "appropriate" is 
inserted.    
Article 14 
 In Article 163, paragraph (1) is amended to read:  
 "(1) The Council of Experts shall also carry out the mediation in respect of conclusions of the contracts on cable retransmission between the broad casting organizations and cable operators, and the 
mediation in respect of the provision of the access to  a copyright work and its use, in compliance with 
the limitation referred to in any of Articles 82 to 87 of this Act, between a person who claims to be 
authorized pursuant to the provisions of this Ac t to use a copyright work without the author's 
authorization, or without the author's authoriza tion and without payment of remuneration, and the 
author, or other person, respectively, who applie d technological protection measures to prevent the 
access to or the use of copyright works, or who is au thorized and has the possib ility to remove them."  IP/N/1/HRV/C/2 
Page 74  
 
  In paragraph (2) the Croatian word s translated as "cable retransmission" are 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 mutandis to the 
mediation referred to in paragraph (1) of this Ar ticle in respect of provision of the access to a 
copyright work and the use thereof in compliance w ith the limitation referred to in any of Articles 82 
to 87 of this Act."   
Article 15 
 
In Article 164 paragraph (7) number "7" is replaced by number "6"    
Article 16 
 
In Article 167, paragraph (3), the word "only" is deleted, and after the word "Article" the Croatian 
words translated as "and the provisions of this Act" are inserted.   In paragraph (5) two sentences are added to read:  
 
"The total amount of expenses of an association sh all also include the financial means spent on the 
improvement of the system of management and protec tion of copyright and related rights. Beside such 
established expenses, the bodies of the association ma y decide to spend maximum 3% of the total 
amount of the collected remunerations on measures against piracy and counterfeiting, as well as on 
other measures aimed at raising the awareness of the value of copyright and related rights."  
 
Article 17 
 
After Article 167, a heading and Ar ticle 167a are added to read:  
 
"STIMULATION OF CREATIVITY AND CULTURAL DIVERSITY  
 Article 167a   (1) A collective management association shall provide for, in the powers of attorney for representation 
given by their members, and in international recipr ocity agreements, allocations to the fund intended 
for stimulation of the respective artistic and cu ltural creativity of predominantly non-commercial 
nature and cultural diversity in the respective artis tic and cultural fields, which fund shall be provided 
for by the association in the rules re ferred to in Articles 167, paragra phs (1) and (2) of this Act. The 
revenues of the fund shall not be used for other pur poses, such as expenses referred to in Article 167 
paragraph (5) of this Act.  
 
(2) The association shall also allo cate the total amount of collected remunerations, which have not 
been distributed during a period of 5 years due to justified impossibility to establish the right holders or the subject matters of protection, to the fund referred to in paragraph (1) of this Article.  
 
(3) Without regard to the allocations referred to in paragraphs (1) and (2) of this Article, the 
association shall allocate 30% of the amount, coll ected from remunerations for reproduction for 
private or other personal use referred to in Artic le 32, Article 128, paragraph (1), Article 136, 
Article 141 and Article 145, paragraph (1 ) of this Act, to the fund referred to in paragraph (1) of this 
Article.   IP/N/1/HRV/C/2 
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  (4) A collective body of the association, established by the statute of the association shall decide on 
the distribution of financial means contained in the fund, and shall inform thereof the assembly of the 
association in accordance with the statute of the association. The association shall communicate a 
report on the allocations to the fund, referred to in  paragraph (1) of this Article, as well as on the 
distribution of financial means contained in the fund, to the Office and the Minister of Culture, at the 
end of every year for the preceding year. The associat ion shall distribute the funds exclusively for the 
purpose of stimulating the respective artistic a nd cultural creativity of the predominantly non-
commercial nature and cultural diversity in the respective artistic and cultural field."  
  
Article 18 
 
In Article 181 paragraph (4), in the first sentence, after the words "the court may" a comma is inserted 
and is followed by the Croatian words translat ed as "within the limits of the claim".  
 
 
Article 19 
 
A heading above Article 185 is amended to  read: "PROVISIONAL MEASURES DUE TO THE 
INFRINGEMENT OF RIGHTS"   
Article 185 is amended to read:  
 "(1) Upon the request of the right holder under this Act who makes it likely that her/his right has been 
infringed or threatened to be infringed, the court may order any provisional measure comprising the termination or prevention of the infringement, and in particular:  
 
- order the opposing party to cease or desist from, respectively, the acts infringing the right conferred 
under this Act; the court may also issue such order against an intermediary whose services are being 
used by a third party to infringe the right conferred under this Act;   - order the seizure or removal from the market of the goods unlawfully infringing the right conferred 
under this Act.  
 (2) Upon the request of the right holder under this Act who makes it likely that his right has been infringed on a commercial scale for the purpose of acquiring commercial or economic benefit, and 
that such infringement has threat ened 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 di rectly related to the infringement, including the 
blocking of his bank accounts and other assets.   (3) For the purpose of ordering and enforcing the pr ovisional measure referred to in paragraph (2) of 
this Article, the court may require from the opposing pa rty or other relevant pe rsons disposing with it, 
the communication of the banking, financial and othe r economic information, or the access to other 
relevant information and documents . The court shall ensure the protection of confidentiality of such 
information, and prohibit any misuse thereof.   (4) The provisional measure referred to in paragr aph (1) of this Article may be ordered without 
informing the opposing party thereof, if the appli cant for measures makes it likely that otherwise the 
provisional measure would not be effective, or that irreparable damage is threatened to occur. The 
provisional measure referred to in paragraph (2) of this Article may be ordered without informing the 
opposing party thereof, if the applicant for measu res makes it likely that otherwise the provisional 
measure would not be effective, or that, taking into  consideration a very serious circumstances of the IP/N/1/HRV/C/2 
Page 76  
 
  infringement, this would be necessary. If a provis ional measure is ordered without informing the 
opposing party thereof, the court shall communicate a decision on the provisional measure to the opposing party, promptly upon its enforcement.   (5) In the decision ordering a provisional measure the court shall specify the duration of such 
measure, and, if the measure has been ordered be fore the institution of a legal action, the period, 
within which the applicant for m easures shall institute a legal acti on to justify the measure, which 
shall not be less than 20 working days and not mo re than 31 calendar days, from the communication 
of the decision to the applicant for measures, whichever expires later.  
 
(6) The provisions of the Execution Act shall appl y to matters, not regulated by this Article.  
 (7) The provisions of this Article shall be wit hout prejudice to the possibility to order provisional 
measures pursuant to other provisions of this Act, and the provisions of the Execution Act."   
 
Article 20 
 
After Article 185, headings and Articles 185a, 185b and 185c are added to read:  
 "PROVISIONAL MEASURES COMPRISING THE PRESERVATION OF EVIDENCE  
 
Article 185a   (1) Upon the request of the right holder under this Act who makes it likely that his right has been infringed or threatened to be infringed, the court may order a provisional measure comprising the 
preservation of evidence.  
 (2) By the provisional measure referred to in paragr aph (1) of this Article, the court may order in 
particular:   - preparation of a detailed description of the goods ma de likely to infringe a right under this Act, with 
or without taking of samples;  
 - seizure of the goods made likely to infringe a right under this Act;   - seizure of the materials and implements used in  the production and distribution of the goods made 
likely to infringe a right under this Act and the documentation relating thereto.  
 (3) The provisional measure referred to in this Ar ticle may be ordered even without informing the 
opposing party thereof, if the applicant for measures makes it likely that there is a risk of evidence 
being destroyed or irreparable damage of incu rring. If a provisional measure is ordered without 
informing the opposing party thereof, the court shall communicate a decision on the provisional 
measure to the opposing party, promptly upon its enforcement.  
 (4) In the decision ordering a provisional measure the court shall specify the duration of the measure, 
and, if the measure has been ordered before the in stitution of a legal action, the period, within which 
the applicant for measures shall institute a legal ac tion to justify the measure , which shall not be less 
than 20 working days and not more than 31 cale ndar days, from the date of communication of the 
decision to the applicant for measures, whichever expires later.   (5) The provisions of the Execution Act shall appl y to matters, not regulated by this Article.  
  IP/N/1/HRV/C/2 
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  (6) The provisions of this Article shall be without  prejudice to the possibility of the court to order 
provisional measures comprising the preservation of evidence pursuant to the provisions of the Act on 
Civil Proceedings.   TAKING OF EVIDENCE IN THE COURSE OF THE CIVIL PROCEEDINGS  
 
Article 185b   (1) Where a party to the civil proceedings inv okes evidence claiming that it lies with the opposing 
party or under its control, the court shall invite the opposing party to present such evidence within a 
specified time limit.  
 (2) Where the right holder under this Act as a plaintiff in a legal action claims that the infringement of the right conferred under this Act has been commi tted on a commercial scale for the purpose of 
acquiring commercial or economic benefit, and has made it likely during the proceedings, and where 
he invokes in the proceedings, banking, financial or  similar economic documents, papers or the like 
evidence, claiming that they lie with the opposing pa rty or under its control, the court shall invite the 
opposing party to present such evidence within a specified time limit.  
 (3) Where the party, which is invited to present evid ence, denies that the evidence lies with it or under 
its control, the court may take ev idence to establish such a fact.  
 
(4) The provisions of the Act on Civil Proceedings re lating to the right of refusal to present evidence 
as a witness shall apply mutatis mutandis to the ri ght of the party to refu se to present evidence.  
 (5) The court shall, taking into consideration all the circumstances of the case, decide at its own 
discretion, on the importance of the fact that the pa rty 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 pa ragraphs (1) and (2) a separate appeal shall not be 
allowable.  
 
EXPEDITIOUS PROCEEDINGS AND APPLICATION OF THE PROVISIONS OF OTHER ACTS   Article 185c   
(1) A procedure concerning the infringement of the rights conferred under this Act shall be 
expeditious.   (2) The provisions of the Act on Civil Proceedings, a nd the Execution Act, respectively, shall apply to 
the procedures concerning the infringement of  the rights conferred under this Act."  
 
 
Article 21 
 
The heading above Article 187 is amended to read: "CLAIM FOR PROVISION OF INFORMATION  
 
Article 187 is amended to read:  
 "(1) The holder of the right under this Act who has instituted civil proceedings for the protection of 
the rights in the case of infringement may claim the provision of information on the origin and 
distribution channels of the goods infringing his right.  IP/N/1/HRV/C/2 
Page 78  
 
   
(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 ac tivities, in possession of the goods suspected of 
infringing a right conferred under this Act;   - a person who provides, within her/his economic activities, services suspected of infringing a right 
conferred under this Act;  
 - persons who provide, within their economic activ ities, services used in th e activities suspected of 
infringing a right conferred under this Act;   
- a person who is indicated by any of the mentioned persons as being involved in the manufacture or 
distribution of the goods or the provision of the services suspected of infringing a right conferred 
under this Act;   (3) The claim referred to in Article 1 may also be included in a gradual legal action as the first claim, 
provided that a person acting as a counter party to the defendant is also included in the main claim.  
 
(4) The claim for information on the origin of th e 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 produ cers, 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, r eceived or ordered, as well as the price obtained 
for the goods or services concerned.   
(5) The person required to provide the information re ferred to in this Article may refuse to provide 
such information on the same grounds as those allo wing the refusal to present evidence as a witness 
pursuant to the provisions of the Act on Civil Pro ceedings. If the person concerned refuses to provide 
information without justified reasons, she/he shall be  responsible for the damage incurred, pursuant to 
the provisions of the Obligations Act.  
 
(6) The provisions of this Article shall be without prejudice to the provisions on the manner of use of confidential information in civil and criminal pro ceedings, the provisions regulating the responsibility 
for misuse of the right to acquire informati on, and the provisions re gulating the processing and 
protection of personal data.   
(7) The provisions of this Article shall be wit hout prejudice to the provisions of Articles185a and 
185b of this Act, regulating the taking of evidence."    
Article 22 
 
In Article 189, paragraph (1) item 1, after the Cr oatian word translated as "in a manner that" the 
Croatian word is deleted, with no rele vance to the English translation.  
  IP/N/1/HRV/C/2 
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  In item 5, the Croatian word translated as "videogr am" 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 para graph (4) is added to read:  
 
"(4) A natural person - a craftsman or other self-emp loyed 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 misdemea nor 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 Ar ticle 189a are added to read:  
 
"FAILURE TO ENFORCE THE LIMITATION OF COPYRIGHT AND RELATED RIGHTS   Article 189a   
(1) Any legal entity shall be punished for a misdem eanor by a fine amounting from HRK 5 000.00 to 
30 000.00, if it:   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 ma tter 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 (A rticle 98, paragraph (1).  
 2. fails to indicate the application of technological  measures on a copy of the copyright work or the 
subject matter of related rights, produced or  imported for commercial purposes (Article 98, 
paragraph 6).  
 (2) A responsible person in a legal entity shall be  punished for the misdemea nors, referred to in 
paragraph (1) of this Article, by a fine  amounting from HRK 1 000.00 to 5 000.00.  
 (3) A natural person shall be punished for the misd emeanors, referred to in paragraph (1) of this 
Article, by a fine amounting from HRK 1 000.00 to 5 000.00.  
 "(4) A natural person - a craftsman or other self-emp loyed 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 misdemea nor has been committed in the performance of 
her/his activities as a craftsman or other self-employed person, respectively.  
    IP/N/1/HRV/C/2 
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  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-emp loyed 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 misdemea nor has been committed in the performance of 
her/his activities as a craftsman or other self-employed person, respectively."    
Article 25 
 
In Article 192, paragraph (3) the words "including  a craftsman or a single trader" are deleted.  
 After paragraph (3), paragraph (4) is added to read:   "(4) A natural person - a craftsman or other self-emp loyed 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 Ar ticle 192a are added to read:  
 "INJURED PARTY   
Article 192a  
 An injured party in the criminal and misdemeanor pr ocedures shall be a person who is the holder of 
the infringed right, as well as a collective manageme nt association, where the rights collectively 
managed by it or the rights that it manages on the basis of the powers of attorney have been 
infringed."  
  
Article 27 
 
In Article 194, paragraph (4) the Croatian word tr anslated as "persons" is replaced by the Croatian 
word translated as "a person".  
  
Article 28 
 In Article 197, after the words "are protected" the Croatian words translated as "under this Act" are 
inserted, and after the words "paragraph (4)" the Cr oatian words translated as "under this Act" are 
replaced by the Croatian words translated as "of this Act".     IP/N/1/HRV/C/2 
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  Article 29 
 
In Article 199, paragraph (1), the Croatian words are deleted, with no relevance to the English 
translation.   
 
Article 30 
 
In Article 205, paragraph (1) item 2, the words "and Rules of Procedure of the Council of Experts" are 
deleted.  
 
 
FINAL AND TRANSITIONAL PROVISIONS 
 
Article 31 
 
The procedures concerning the protection of copy right and related rights against infringement, 
pending on the date of the entry into force of this  Act, shall be completed pursuant to the provisions, 
which were in force before the entry into force of this Act.    
Article 32 
 
This Act shall enter into force on the eight day foll owing the day of its publication in the Official 
Gazette, with the exception of the provision of Article  3 thereof, which shall enter into force on the 
day of the acceptance of the Republic of Croatia into  the full membership of the European Union.  
 
 
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