Croatia has implemented the Preservation of cultural heritage (Art. 6 DSM) exception in Article 191 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for cultural heritage institutions to reproduce works of authorship and objects of related rights that are a permanent part of their collections, in any format or on any medium, for the purpose of their preservation and to the extent necessary for this purpose. Works are considered to be part of the collections of cultural heritage institutions in cases where copies thereof are owned by the beneficiary or are permanently held by it on the basis of a contract for use, deposit or permanent loan, or similar contractual relationship. Contractual provisions contrary to the exception are considered null and void.

Implementation details:

Beneficiaries:

• cultural heritage institutions

Purposes:

• preservation

Usage:

• reproduction (in any format or on any medium)

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts
• informative publications
• written editions

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be divulged
• works used must be a permanent part of beneficiaries' collections
• use must be limited to the extent necessary for this purpose of preservation of works

Introduced/last updated: 14 October 2021

Remarks: Art. 6 of the CDSM directive was implemented verbatim in a provision covering preservation only in art. 191 of the Law, that was introduced in parallel with art. 193 of the Law of 2021, that recreates and broadens the scope of the prevously existing art. 84 for the reproduction in favour of educational, cultural, charitable and other institutions pursuing non-commercial purposes. In parallel,

Art. 187(3) of the Law of 2021 (on TDM) contains a legal definition of 'cultural heritage institutions'. An institution of cultural heritage is a publicly available library or museum, archive or institution of film or audiovisual heritage. This includes national libraries and national archives, as well as archives and publicly available libraries of educational institutions, scientific organizations and public broadcasting organizations.

Under Article 181 (1) of the law, exceptions and limitations apply to both works (which must be divulged) and other subject-matter, subject to related rights. Article 181 (2) contains the requirements of the 3-step test.