Croatia has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 183 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction by natural persons of copyrighted works on any medium, as well as as a photocopy, from a legally released source, for private use, which has no direct or indirect commercial purpose and does not involve making the work accessible to the public. However, under art. 186, it is not allowed, unless otherwise stipulated by the law or by contract, to make a private copy of a whole book, unless copies of the book have been sold out for at least two years, as well as graphic editions of musical works (note material), author's databases, non-original databases, cartographic works, computer programs, as well as construction of architectural objects. Rightsholders are entitled to an appropriate fee from the sale of blank sound, image or text carriers and audio and visual recording and photocopying devices.
Implementation details:
Beneficiaries:
- natural persons
Purposes:
- private use, which has no direct or indirect commercial purpose
Usage:
- reproduction
Subject Matter:
- works (
- performances
- phonograms
- film fixations
- broadcasts
- informative publications
- written editions
Compensation:
- payment of fair compensation required
Attribution:
- no attribution required
Other Conditions:
- works used must be divulged
- the source of the works used must be legally released
- copies must not be made accessible to the public
- private copying of a whole book, unless it is out-of-commerce, of graphic editions of musical works (note material), author's databases, non-original databases, cartographic works, computer programs, as well as construction of architectural objects, are not allowed, unless otherwise stipulated by the law or by contract
Introduced/last updated: 14 October 2021
Remarks: 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.
Art. 185 (1) expressly states that articles 183 and 184 apply mutatis mutandis to performers, phonogram producers, audiovisual producers and publishers of information publications.
As per art.185(3), 'irrespective of the fact that they do not have their own exclusive right of reproduction, publishers of written editions have their own right to appropriate compensation for reproduction of their editions for private use'. Under art.185 (4) this 'right to appropriate compensation' last for 50 years from the lawful publication of the work, counting from 1 January of the year immediately following the year of publication.
