The new Law on Authors Rights and Related Rights has been adopted in October 2021 (NN 111/2021) and in the formal sense the Law harmonizes national regulations with Directive 2019/790 on copyright and related rights in the Digital Single Market and with Directive 2019/789 on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes.
The Croatian model follows the droit d’auteur tradition. Both in theoretical deliberations and in legal texts, it follows the continental European tradition on the protection of moral rights which has been incorporated in the texts of the Law 2003 and in 2021. The new 2021 Law introduces a number of changes so as to achieve more effective protection of creators of creative, cultural and media content on the Internet, while exceptions and limitations of copyright and related rights are adapted to the digital and cross-border environment. Measures are introduced to facilitate licensing for the use of works protected by copyright and related rights in order to ensure wider access to contents. Cross-border distribution of television and radio programs is also facilitated, while the use of author’s works and related rights in digital and online teaching, scientific research, and by institutions for the protection of cultural heritage is facilitated. The law also ensures a more favourable position of cultural, creative and media industries in relation to internet platforms in terms of fairer distribution of income from the use of copyrighted works and other protected content on these platforms.
According to Croatian legislation, authors and performers have exclusive rights for public performance while the owners of secondary rights (i.e. phonogram producers) have the right of remuneration for secondary use.
Associations registered as collective rights management associations are the:
- Croatian Composers’ Society, Collecting Society (ZAMP-HDS);
- Croatian Performers’ Rights Collecting Society (HUZIP);
- Protection, Collection and Distribution of Phonogram Producers’ Rights Society (ZAPRAF);
- Croatian Film Directors Guild (DHFR);
- Society for Protection of Publishers Rights (ZANA);
- Croatian Association of Writers (DHK);
- Society for Protection of Journalists’ Authors’ Rights (DZNAP); and
- Croatian Association for Protection of Artistic Works “ARS CROATICA”.
Regarding individual rights’ management – the Croatian Authors’ Agency Centre for Intellectual Ownership Ltd. (HAA) is a legal successor of the Croatian Authors’ Agency that had been in charge of authors’ rights and their legal successors for over 55 years, representing them and promoting the importance of copyright.
The State Intellectual Property Office of the Republic of Croatia (SIPO/DZIV) is the State administration body with responsibilities in the field of protection of intellectual property rights. The Office carries out procedures for granting industrial property rights (patents, trademarks, industrial designs, etc) and performs the accompanying professional and legislative activity, which also include copyright and related rights.
Many issues still remain unresolved regarding the audiovisual works from the Yugoslav period, and this has especially been a pertinent issue in regards to protection of audiovisual heritage. Additionally, many issues connected to rights of screenwriters need to be dealt with that will be addressed by the Screenwriters’ Guild, which was established in 2016.
The Croatian Composers’ Society, Collecting Society (ZAMP-HDS), has signed contracts with YouTube (for remunerating authors from advertisements shown before or after clips of their music) with Google for licensing music of Croatian authors in Google Media Player Service, Deezer, Spotify, Netflix, Apple Music and TikTok.
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