Croatia has implemented the Reproduction of broadcasts by social institutions (Art. 5.2(e) 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 social and charitable institutions pursuing non-commercial purposes to reproduce a work or a subject of a related right on any basis, for their special needs that are in accordance with their public purpose, such as the needs of preserving and securing the material, technical restoration and repair of the material, management of the collection and other own needs.
Implementation details:
Beneficiaries:
- social and charitable institutions
Purposes:
- non-commercial purposes
- for beneficiaries' special needs that are in accordance with their public purpose
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- informative publications
- written editions
Compensation:
- no compensation required
Attribution:
- no attribution required
Introduced/last updated: 14 October 2021
Remarks: According to some sources (see Vuckovic, R. (2019). Croatia. In: Lindner, B., Shapiro, T. (eds.), Copyright in the information Society), art.5(2)(e) of the InfoSoc Directive was not implemented in Croatian law, and strictly speaking it was not directly transposed. However art.84 of the Croatian Copyright Act which implemented art.5(2)(c) of the directive, did include "social (charitable) institutions" amongst its beneficiaries, allowing the latter reproduction for non-commercial purposes. The new law of 2021 intoduced a similar provision in art. 193 entitled 'Restrictions on the right of reproduction in favor of individual institutions'. Until 2021 beneficiaries could only reproduce their own copy of a work and the reproduction was limited to one single copy, however, this restriction did not subsist in the new provision of art. 183 of the law.
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.
