Croatia has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Article 203 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the communication to the public of copyrighted works and objects of related rights when they are used in an accompanying way and incidentally as non-essential works or objects of related rights with the real object of reproduction, distribution or communication to the public.

Implementation details:

Beneficiaries:

• any user

Purposes:

• not specified (use must be accessory and incidental)

Usage:

• communication to the public

Subject Matter:

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

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• use of works must be accompanying and incidental, as non-essential works or objects of related rights along with the real object of reproduction, distribution or communication to the public
• works used must be divulged

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.