Croatia
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‘Other photographs’ related rights | No | |
Overview | The new Croatian Copyright and Related Rights Act was published on October 14, 2021, and entered into force on October 22, 2021. Article 14, as well as the rest of the DSM Directive, was implemented in Croatian law almost verbatim. | |
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Retroactivity |
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Statutory Law | Source language | English |
Provision on copyright |
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Revised provision on copyright | Članak 18 (Nezaštićene tvorevine). (8) Kad je rok zaštite za autorsko djelo vizualnih umjetnosti istekao, nijedna tvorevina nastala umnožavanjem takvog djela nije prikladna za autorskopravnu zaštitu, osim ako je riječ o tvorevini koja je sama po sebi originalna intelektualna tvorevina njezina autora koja ima individualni karakter u smislu članka 14. stavka 1. ovoga Zakona. | Article 18 (Unprotected creations). (8) When the term of protection of a copyright work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original in the sense that it is the author's own intellectual creation within the meaning of Article 14 paragraph (1) of this Act. |
Comments / analysis | Article 14 is included in the section referring to “Unprotected creations“ (Article 18). In Croatian law, these are: discoveries; ideas and principles; news of the day; official texts in the domain of legislation, administration and judiciary. However, a special exception applies to folk literary and artistic creations which, as stated in paragraph (7), “in their original form are not subject to copyright, but for their communication to the public a remuneration is paid as for the communication to the public of protected copyright works. The remuneration shall be used to encourage appropriate artistic and cultural creativity of a predominantly non-commercial nature and cultural diversity in the relevant artistic and cultural field (…). The cultural heritage institutions (…) shall not be obliged to pay the remuneration.”
During the consultation process, the CHI community in Croatia tried to change the wording in the law referring to Article 14 from “work of visual art” to “work of art”, but the proposal was not accepted. | |
Provision on related rights for “other photographs” |
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Revised provision on related rights for “other photographs” |
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Comments / analysis |
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Takeaways | ||
Limitations for CHIs | TBC | |
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Open GLAM Examples | ||
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