Croatia has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 190 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for broadcasting organizations who have permission to broadcast an author's musical work with or without words or an artistic musical performance, to reproduce said works with their own funds on a sound, image or text carrier, for the purposes of their own broadcasts. The beneficiary is obliged to destroy the ephemeral recordings no later than 30 days from the day of broadcasting or store them in its own or in a public official archive if these recordings have a special documentary value.
Implementation details:
Beneficiaries:
- broadcasting organizations
Purposes:
- for beneficiaries' own broadcasts
- archivation
Usage:
- reproduction (ephemeral recordings)
Subject Matter:
- musical works (with or without words)
- artistic musical performance
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- beneficiaries must have permission to broadcast works used
- works used must be recorded with beneficiaries' own funds, on a sound, image or text carrier
- the beneficiary is obliged to destroy the ephemeral recordings no later than 30 days from the day of broadcasting
- stored works must have special documentary value
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.
