WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/l/HRV/C/l 
29 May 2001 
(01-2672) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
CROATIA 
The present document reproduces the consolidated text! of the Copyright Law of 1991 as 
amended in 1993, as notified by Croatia under Article 63.2 of the Agreement (see document 
IP/N/l/HRV/l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CROATIE 
Le présent document contient le texte! de la Loi de 1991 sur le droit d'auteur telle qu'elle a été 
modifiée en 1993, notifiée par la Croatie au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIHRV/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÂRRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
CROACIA 
En el presente documento se reproduce el texto refundido! de la Ley de Derechos de Autor 
de 1991 con las modificaciones introducidas en 1993, notificado por Croacia en virtud deI parrafo 2 
deI articulo 63 deI Acuerdo (véase el documento IP/N/l/HRV/l). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OMC./En inglés solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/lIHRV/CIl 
Page 2 
COPYRIGHT LAW 
(Official Consolidated Text) 
Part One 
RIGHTS OF AUTHORS 
Chapter l 
INTRODUCTORY PROVISIONS 
Article 1 
Authors of literary, scientific and artistic works shall enjoy copyright as provided for 
in this Law in respect of their creations (authors' works). 
Article 2 
The authors' works of nationals of the Republic of Croatia, or of persons who are 
not nationals of the Republic of Croatia but have their usual residence in the Republic of 
Croatia, published in the Republic of Croatia or abroad, as weIl as authors' works which 
have not been published, shaH enjoy protection pursuant to this Law. 
The unpublished authors' works of foreign nationals and stateless persons first 
published in the Republic of Croatia shaIl enjoy, pursuant to this Law, the same protection 
as the authors' works of nationals of the Republic of Croatia. 
The authors' works of foreign nationals not first published in the Republic of Croatia 
shall enjoy, pursuant to this Law, protection within the framework of the obligations which 
the Republic of Croatia has assumed under international treaties or on the basis of the de 
facto reciprocity. Chapter II 
THE AUTHOR'S 'VORK AND THE AUTHOR 
1. The Author's Work 
Article 3 IPINIl/HRV/C/I 
Page 3 
Unless otherwise provided in this Law, a creation in the literary, scientific or artistic 
field or in any other field of creation, whatever may be the kind, method or form of 
expression thereof, shall be considered an author's work. 
The following, in particular, shall be considered authors' works: 
-written works (books, pamphlets, articles and other writings); 
-oral works (lectures, addresses and other works of the same nature); 
-dramatic and dramatico-musical works; 
-choreographic works and entertainments in dumb show the acting form of which is 
fixed in writing or otherwise, as weIl as works derived from folklore; 
-musical works, with or without words; 
-cinematographic works and works created by a process analogous to 
cinematographic creation; 
-works of painting, sculpture, architecture and graphic art, whatever may be the 
material of which they are made, as weIl as other works of fine art; 
-works of aIl branches of applied art and industrial designing; 
-photographic works and works produced by a process analogous to photography; 
-cartographic works (geographical maps, topographical maps, and the like); 
-plans, sketches and three-dimensional works related to geography, topography, 
architecture and any other scientific or artistic field; 
-computer programs. 
Article 4 
Authors' works shaH also include collections of authors' works, su ch as 
encyclopedias, compilations, anthologies, musical and photographic collections, and the 
like, which, by reason of the selection and arrangement of material, constitute independent 
creations. 
Authors' works shall also include collections of creations of folk literature and art, 
of documents, of court decisions or of other similar material which do not, of themselves, 
constitute protected authors' works, if such collections, by reason of the selection, 
arrangement and method of presentation of material, constitute independent creations. 
The provisions of the first and second paragraphs of this Article shall not affect the 
rights of the authors of the individual works making up the collections referred to therein. IP/NIl/HRV/CIl 
Page 4 
Article 5 
Translations, adaptations, musical arrangements and other alterations of authors' 
works shall be protected as original works. 
The protection provided for in the first paragraph of this Article shall also be granted 
to translations of official texts of a legislative, administrative or judicial nature, if these 
translations are not made for the purpose of official publication and are not published as 
such. 
The provision of the first paragraph of this Article shall not affect the rights of the 
author of the original work. 
Article 6 
The use of creations of folk literature and art for the purpose of a literary, artistic or 
scientific arrangement shaH be free. 
Article 7 
The title of the author's work shall enjoy the same protection pursuant to this Law as 
the work itself. 
It shaH be unlawful to give the author's work a title which has already been used for 
the author's work of the sarne kind, if such titIe is likely to cause confusion regarding the 
author of the work. 
2. The Author 
Article 8 
The author of a work is the person who created the work. 
The person who se full name or pseudonym appears on the work shall be regarded as 
the author, unless proved to the contrary. 
Article 9 
The author of a collection of authors' works is the person who made the collection. 
The author of a translation, as well as the author of a work which has been adapted, 
musicaHy arranged, or altered in another way, is the person who translated, adapted or 
musically arranged su ch work or who altered it in another way. 
The person who created a literary, artistic or scientific work by using creations of 
folk literature or art is the author of the work so created. Article 10 IP/N/1/HRV/C/l 
Page 5 
Where an author's work created jointly by two or more persons constitutes an 
indivisible entity, copyright in su ch work shall belong indivisibly to aIl those who 
contributed to its creation. 
If the mutual relationships between co-authors are not otherwise settled by a contract, 
the share of each co-author shall be tïxed in proportion to the actual contribution of each of 
them towards the creation of the author' s work. 
Where an author's work created jointly by two or more persons does not constitute 
an indivisible entity, each co-author shall be vested with copyright in his contribution. 
Article Il 
Copyright in anonymous works, as weIl as in works published under a pseudonym, 
the author of which is unknown shall be exercised by the publisher. 
Copyright in unpublished works the author of which is unknown shall be exercised 
by the corresponding organization of authors. 
The provisions of the first and second paragraphs of this Article shall cease to apply 
as from the time when the identity of the author is established. 
Article 12 
In addition to the author, the owner of copyright may also be the person to whom 
any or aIl legal prerogatives of authors which may be transferred under this Law shall 
belong, by operation of law, will or a contract. 
The prerogatives granted to the author by this Law shall belong to a copyright owner 
other than the author within such limits as they are vested in him by law, or to the extent 
that they have been transferred to such copyright owner by will or a contract. 
The author may not exercise economic rights which he has transferred to another 
person. 
The copyright owner shall be responsible for any prejudice caused to third parties by 
the non-authorized transfer of authors' property-right prerogatives. 
Unless otherwise provided in this Law, the provisions of the Law concerning the 
author shall also apply to other copyright owners. IP/N/l/HRV/C/l 
Page 6 
3. Special Provisions Concerning the Author's Work 
and the Author 
The Cinematographic Work 
Article 13 
The author of the scenario, the director and the director of photography, as weIl as 
the principal cartoonist in the case of an animated cartoon film, shaIl be considered the 
authors of the completed cinematographic work. 
If music is the essential element of a cinematographic work, the composer of the 
music for that work shall also be considered the author of su ch cinematographic work. 
The composer of film music who is not considered the author of the cinematographic 
work within the meaning of the second paragraph of this Article, the designer of the sets, 
the costume designer and the make-up artist shall have copyright in their contributions and 
may transfer them to the maker of the cinematographic work only by a contract. 
Article 14 
The authors of the cinematographic work shall have the exclusive right to film their 
creations and to reproduce, distribute, perform and broadcast, translate and alter them. 
Article 15 
The relationship between the maker of the cinematographic work and the authors 
thereof, as weil as the mutuai relationships between the authors of the cinematographic 
work, shaH be governed by a contract made in writing. 
The contract referred to in the first paragraph of this Article shall, inter alia, 
de termine the rights transferred to the maker and the remuneration due to the authors of the 
cinematographic work. 
The rights not transferred to the maker by a contract shall be reserved to the authors 
of the cinematographic work. 
The maker of the cinematographic work shall, within the meaning of this Law, be 
considered the person who or legal entity or group of citizens which produces a 
cinematographic work, whether on the basis of a contract or on his or its own initiative. Article 16 IPIN/l/HRV/C/l 
Page 7 
Unless otherwise agreed, the author of the scenario and the composer may publish or 
separately utilize in another way the contributions they have made to the cinematographic 
work, provided that this is without prejudice to the rights transferred to the makers of the 
. cinematographic work. 
Article 17 
The cinematographic work shall be regarded as completed when the first mas ter print 
of the film has been produced in compliance with the agreement between the authors and the 
maker of the cinematographic work. 
Article 18 
If the maker does not complete the cinematographic work within three years of the 
date of the conclusion of the contract pertaining to the making of such work, or if he do es 
not distribute the cinematographic work so completed within one year of the date of the 
completion thereof, the authors of the cinematographic work, while reserving their right to 
remuneration, may request rescission of the contract unless another time limit is agreed 
upon. 
If any of the authors refuses to complete his contribution to the cinematographic 
work or if, by force majeure, he is unable to do so, he may not object to the use, for the 
purpose of completing the cinematographic work, of the contribution he has already made. 
Such an author shall have the corresponding copyright in the contribution already made to 
the creation of the cinematographic work. 
The Copyright Work Created in the Course of 
Employment or Pursuant to a Commission 
Article 19 
The relations concerning au thors, works created in the course of employment, shall 
be governed by general acts and collective agreements or employment contracts, in 
accordance with this Law. 
Article 20 
A legal entity, or the employer, shall have the exclusive right to use, within the 
fran1ework of their regular activity and within a period of tïve years, JPINIl/HRV/C/I 
Page 8 
authors' works created by a worker in the fulfillment of his work obligations in that legal 
entity, or on the premises of that employer (work created in the course of employment), 
without requesting the authorization of the worker who is the author of the work in question. 
The worker-author shall have the right, for the use of the author's work created in 
the course of employment within the meaning of the first paragraph of this Article, to a 
separate remuneration in accordance with collective agreements or employment contracts, in 
proportion to the extent to which the use of the work has contributed to the increase in 
revenues or profit, or to the exercise of the activities and the achievement of the tasks of that 
legal entity. 
The worker-author of the work created in the course of employment shaIl retain aIl 
other copyrights in his work. 
Other copyrights in works created in the course of employment may not be limited 
by collective agreements or employment contracts or by a contract (Article 19). 
Subject to the provisions of this Article, the owner of the author' s economic right in 
a computer program created in an enterprise or other legal entity, or on the premises of an 
employer, shaIl be that legal entity or that employer. 
Article 21 
The right of publication of the author's work created in the course of employment 
shaIl include the right to publish a single bibliographic edition, that is, the right to a single 
multiplication. 
When a work created in the course of employment is published, a legal entity, or the 
employer, shall be obliged to indicate the full name of the author or his pseudonym. 
If the legal entity, or the employer, does not publish the work created in the course 
of employment before the expiration of the time limit provided for in the general act, in a 
collective agreement or an employment contract, the right to publish the work shaH revert to 
the author. 
The legal entity, or the employer, may, even before the expiration of the time limit 
referred to in the third paragraph of this Article, permit the author to publish the work 
created in the course of employment. 
When publishing his complete works the author may, even without the permission of 
the legal entity, or of the employer, publish the work created in the course of employment 
without regard to the fact that the said work has already been published. 
After the expiration of a period of five years from the date of completion of a work 
created in the course of employment, the right to publish the work shall revert to the author. 
The right of publication of the work created in the course of employment shaIl revert 
to the author even before the expiration of the period provided for in the sixth paragraph of 
this Article if the significance of the work is limited to a shorter period. Article 22 IP/N/l/HRV/C/l 
Page 9 
The worker employed within a legal entity, or on the premises of an employer, who, 
in the fulfillment of his work obligations, draws up an account of technical matters, a 
report, an official record or any other similar work shall not acquire any copyright in such 
works. 
Article 23 
Unless otherwise agreed, aIl copyrights in works created pursuant to a work-by­
contract agreement shall belong to the author who created the work. 
Subject to the provisions of the first paragraph of this Article, the owner of the 
author's economic right in a computer program created pursuant to a work-by-contract 
agreement shall be the person who ordered it, unless otherwise specified in the said 
agreement. 
Article 24 
Where one or more persons have organized the work on the creation of an author' s 
work (hereinafter referred to as "the person commissioning the work") in which several 
contributors not having employment relationships with the person commissioning the work 
have participated, the copyright in the whole work shall, unless otherwise stipulated in the 
contract, belong to the person who commissioned it. 
Each of the persons who have contributed to the creation of the work referred to in 
the first paragraph of this Article shaIl retain his copyright in his own contribution. 
The person commissioning the work referred to in this Article shaU not republish it 
or use it for any other purpose without the authorization of aU the contributors. 
Cha pte r III 
CONTENT AND EXPLOITATION OF COPYRIGHT 
Article 25 
Copyright shall include property-right prerogatives (hereinafter referred to as 
"authors' economic rights") and prerogatives of a personal nature (hereinafter referred to as 
"authors' moral rights"). IP/N/1/HRV/CII 
Page 10 
Article 26 
The author's economic rights shall consist of the rights of the author to the 
exploitation of his work. 
The exploitation of an author's work is effected, in particular, through publication, 
reproduction or multiplication, distribution, presentation, performance, transmission or 
other communication to the public, translation, adaptation and arrangement of the work. 
Unless otherwise provided in this Law, exploitation of an author's work by another 
person may take place only with the authorization of the author. 
Unless otherwise provided in this Law or by a contract, the author shaU have the 
right to a remuneration for each and every exploitation of his work by another person. 
Article 27 
The author' s moral rights shall consist of the right to be recognized and indicated as 
the author of the work, his right to object to any distortion, mutilation or other modification 
of the work, and his right to object to any use of the work which wou Id be prejudicial to his 
honor or reputation. 
Article 28 
Any person who publishes, alters, arranges, performs, translates or records an 
author' s work and any other person who exploits such work in public shall be required to 
indicate the full name of the author of the work for each and every exploitation, if the 
author does not want the work to be anonymous or pseudonymous. 
Article 29 
The author may at any time, after having compensated the damages to the owner of 
the copies thereof, withdraw his published author's work from circulation or buy aU copies 
thereof, as weIl as prohibit the latter from being further exploited in any form whatsoever, if 
the use of the said work might prejudice the scientific or artistic reputation of the author. 
If the author' s work referred to in the first paragraph of this Article is put back into 
circulation, the former owner of the copies of the work shall have priority as regards the 
right to use the work, that is, the rights to pre-emption within 30 days from the date on 
which he was informed about it, but not later than one year from the date on which the work 
was put back into circulation. 
The prerogatives provided for in the first paragraph of this Article shaH not belong to 
other copyright owners. Article 30 IPINIlIHRV/C/l 
Page Il 
The author shaH have the exclusive right to publish, reproduce or muItiply, 
distribute, present, perform, adapt or exploit it in any other way, unless otherwise provided 
in this Law. 
Article 31 
Authors of dramatic, dramatico-musical and musical works shall have the exclusive 
right to authorize: 
1. the public performance of su ch works; 
2. the communication to the public of the performance of such works by any means. 
The rights referred to in the first paragraph of this Article shall also be granted to the 
authors of dramatic and dramatico-musical works with respect to translations of such works. 
Article 32 
The author shall have the exclusive right to authorize: 
1. the broadcasting of his work or the communication thereof to the public by any 
other means of wireless diffusion of signs, sounds or images; 
2. any communication to the public, whether by wire or not, of the broadcast of his 
work, where such communication is made by an organization other than the one which 
originally broadcast it; 
3. the communication to the public by loudspeaker or any other similar instrument 
transmitting, by signs, sounds or images, the broadcast of his work. 
Article 33 
Authors of literary, scientific and musical works shall have the exclusive right to 
authorize: 
1. the recording of such works by instruments for mechanical reproduction; 
2. the public performance of su ch works recorded by instruments for mechanical 
reproduction. 
Article 34 
Authorization granted in respect of public presentation and public performance, 
public transmission of a presentation and performance, broadcasting to the public or any 
other communication to the public shall not imply permission to record the work by means 
of instruments recording sounds or images. IPINII/HRV/C/I 
Page 12 
Unless otherwise agreed, the broadcasting organization may, by means of its own 
facilities and solely for its own needs, record the protected work it has received the 
authorization to broadcast, and may rebroadcast su ch recordings upon the payment of a 
remuneration and without seeking further authorization from the author. 
The recordings referred to in the second paragraph of this Article may be placed in 
public archives as documentation material. 
Article 35 
Broadcasting organizations may broadcast, even without the authorization of the 
authors, works recorded in a permissible way by instruments for mechanical reproduction, 
such as phonograms, tape, video tape and similar recordings, but they shall be required to 
respect all other rights of authors. 
Article 36 
The author of a literary work shaH have the exclusive right to authorize the public 
recitation and reading of his work. 
Article 37 
The author shall have the exclusive right to authorize adaptations, arrangements or 
other alterations of his work. 
Article 38 
Authors of literary, musical, scientific and artistic works shall have the exclusive 
right to authorize: 
1. the cinematographic adaptation or reproduction of these works and the distribution 
of the works thus adapted or reproduced; 
2. the public performance and presentation of the works thus adapted or reproduced. 
Without prejudice to the rights of the author of the work adapted or reproduced, a 
cinematographic work created by the adaptation or reproduction of literary, musical, 
scientific or artistic works shall be protected as an original work. 
The adaptation, in any artistic form, of cinematograhic works derived from literary, 
musical, scientific or artistic works shall not be effected without the authorization of the 
authors of such works or without the authorization of the authors of the cinematograhic 
works, unless that right has been granted by them to the maker by a contract. 
The provisions of this Article shall also apply to the reproduction or production 
effected by any other process analogous to cinematography. Article 39 IP/N/l/HRV/C/l 
Page 13 
Authors of original works of fine art, with respect to such works, and authors of 
literary, scientific and musical works, with respect to their original manuscripts, are entitled 
to be informed by the owners or users of such works and/or manuscripts of the identity of 
the new owner. 
If the original of a work of fine art or an original manuscript is resold, the seller 
shall enable the author thereof to have the share of five per cent of the selling price (droit du 
suite). 
The owner of works of fine art and the owner of literary, scientific and musical 
manuscripts referred to in the first paragraph of this Article shall be required to inform the 
author, at his request, of the identity of the new owner. 
The author may not renounce in advance his droit de suite. 
The droit de suite cannot be transferred by legal acts during the author's life, but can 
be inherited. After the author' s death, it passes on to his heirs, either by operation of law or 
by will. 
The droit de suite cannot be the subject of compulsory execution or any distraint. 
The provisions of this Article shall not apply to architectural works or works of 
applied art. 
Article 40 
Authors of works of fine art, photographie works and similar works may prohibit the 
exhibition of their particular works if they have a moral interest therein. 
The author may not prohibit the exhibition of works belonging to museums, galleries 
and similar organizations. 
Article 41 
The author shall have the exclusive right to authorize the translation of his work. 
Article 42 
Where the author of a work published in a foreign language and protected under the 
provisions of the Berne Convention for the Protection of Literary and Artistic Works does 
not translate that work into the Croatian language within a period of ten years from the date 
of publication of the work, or does not authorize another pers on to translate it within the 
same period of time, su ch work may be translated into the Croatian language without the 
authorization of the author. 
The author of a work translated pursuant to the provision of the first paragraph of 
this Article shall retain the right to a remuneration and all other copyrights in the translated 
work. IPIN/l/HRV/C/l 
Page 14 
Article 43 
An author's work published in a foreign language and protected under the provisions 
of the Universal Copyright Convention, but not under those of the Berne Convention for the 
Protection of Literary and Artistic Works, may be translated, without the authorization of 
the author, into the Croatian language under the conditions prescribed in Articles 44 and 46 
of this Law. 
Article 44 
The author's work referred to in Article 43 of this Law may be translated, without 
the authorization of the author, into the Croatian language: 
1. if, until the expiration of the period of seven years from the date of the tirst 
publication of the work, such work has not been translated or the translation thereof has not 
been published in the language concerned, or the editions already published are out of print; 
2. if the interested national of the Republic of Croatia obtains, from the Ministry of 
Culture, the authorization to translate su ch work and publish it in the Croatian language. 
Article 45 
The Ministry of Culture shall grant the authorization referred to in Article 44 of this 
Law only if the applicant proves that he has requested authorization from the author to 
translate the work and publish the translation but has been unable to reach him or to obtain 
his authorization. 
If the applicant for the authorization has been unable to reach the author of the work, 
he shall send a copy of the application by which he has requested the authorization to the 
publisher whose name appears on the work and, if the nationality of the author is known, to 
the diplomatie or consular representative of the State of which the author of the work is a 
national or to the authority designated by the Government of that State. 
The Ministry of Culture shall not grant the requested authorization for the translation 
before the expiration of a period of two months from the date of the dispatch, to the 
publisher and to the authority referred to in the second paragraph of this Article, of the copy 
of the request by which the applicant has requested the authorization. 
Article 46 
The authorization for the translation may be granted to several persons. 
The granted authorization may not be transferred to a third party. IPINIIIHRV/CI 1 
Page 15 
The applicant for the authorization shall be required to pay remuneration to the 
author for the use of his work and to respect other rights of the author of the translated 
work. 
The Ministry of Culture shaIl not grant the authorization if the author has withdrawn 
from circulation or bought aIl copies of the work for the translation of which the 
authorization was requested. 
Article 47 
The following shall be permissible in the territory of the Republic of Croatia without 
the authorization of the author: 
1. the publication and reproduction of excerpts from a literary, scientific or artistic 
work for teaching purposes; 
2. the reprinting in periodical publications of articles dealing with current matters of 
general public interest, provided that the reproduction of su ch articles has not been expressly 
prohibited by the author; 
3. the reproduction in newspapers and periodical publications of single photographs 
of current events, illustrations, technical sketches, and the like, published in other 
newspapers and periodical publications; 
4. the reproduction of artistic works exhibited in streets and squares, unless the 
reproduction of a work of sculpture has been obtained by means of a mould; 
5. the reproduction, by means of photography, of works of sculpture and painting 
and works of architecture in newspapers and reviews, unless the author has expressly 
prohibited it. 
The provisions of the first paragraph of this Article shall, mutatis mutandis, apply to 
publication and reproduction in the daily and periodical press, in films, in newsreels and by 
means of broadcasting. 
In all the cases referred to in the first paragraph of this Article, the author' s full 
name, the original work and the origin of the borrowing must be clearly indicated. 
In the cases referred to in the first paragraph of this Article, the author shall have the 
right to a remuneration and aIl other rights vested in him under this Law. 
Article 48 
The following shall be permissible in the territory of the Republic of Croatia without 
the authorization of the author and without the payment of a remuneration for use: 
1. the performance of a literary or artistic work for the purposes of teaching or in the 
form thereof, provided that such performance involves no entrance fee or other form of 
payment or is given on the occasion of school celebrations where attendance is free of 
charge; IPINIl/HRV/CIl 
Page 16 
2. the publication of reviews of published literary, artlstlc or scientific works, 
wherein the content of such works is reproduced in an original and abridged manner; 
3. the public exhibition of works, except those the exhibition of which is prohibited 
by the author, provided that he has not renounced this right by a contract; 
4. the reproduction of works already published, effected for purposes of improving 
one 1 s personal knowledge, provided that such reproduction is neither intended for nor 
accessible to the public; 
5. the reproduction of works of painting by means of sculpture and vice versa, as 
well as the reproduction of works of architecture by means of painting or sculpture; 
6. the faithful quotation of excerpts from a work that in a lawful way became 
available to the public, under the condition that it is in compliance with customary usage and 
in the measure justiiïed by the purpose to be achieved, and that in the quotation, the source 
and the name of the author, if available in the source, are indicated. 
7. the reproduction or adaptation, by the user, of copies of a computer program with 
a view to use for the purposes for which the program has been acquired, for archiving and 
for replacement of a lost, damaged or worn-out copy. 
In the cases referred to in the first paragraph of this Article, the author shaH retain 
all other rights vested in him by this Law. 
Article 49 
Speeches intended for the public and made in the Parliament of the Republic of 
Croatia and in the bodies of local government and self-government, before courts and other 
State authorities, in scientific, artistic and other organizations, as weIl as at public meetings 
and oftïcial celebrations, may, without the authorization of the author and without the 
payment of remuneration for their use, be made public by the press and radio or television 
for purposes of reporting current events. 
Other lectures, addresses and other works of the same nature may, without the 
authorization of the author and without the payment of remuneration for their use, only be 
reported briefly in the daily and periodical publications and by broadcasting. 
A collection of the works mentioned in the first and second paragraphs of this Article 
may not be compiled without the authorization of the author. 
In the cases provided for in the first and second paragraphs of this Article, the author 
shall retain aIl other rights vested in him by this Law. Article 50 IP /N/lIHR V/Cil 
Page 17 
Remuneration shaH be paid for the exploitation of creations of folk literature and art 
by means of a public performance as for a public performance of authors' works. The 
remuneration shall be the revenue of the government budget. 
The exploitation of creations of folk literature and art in any other form shall be free. 
Persans who exploit creations of folk literature and art must indicate the origin of the 
work and abstain from any mutilation or any unworthy use thereof. 
The corresponding organizations of authors and the Croatian Academy of Arts and 
Sciences shall be entrusted with the safeguarding of the rights referred ta in the third 
paragraph of this Article. 
Cha pte r IV 
TRANSFER OF COPYRIGHT 
1. Scope of the Transfer 
Article 51 
The right of the author to the exploitation of his work may be transferred wholly or 
in part, with the payment of a remuneration or without it, ta individu al persons or ta legal 
entities for the entire term of copyright or for a specifie period of time. 
The persan ta whom the right of exploitation of an author's work has been 
transferred may not, unless otherwise agreed, transfer that right ta a third party without the 
consent of the owner of the right. 
Article 52 
When using the author's work, the persan to whom the right of exploitation of that 
work has been transferred shall not be authorized to make any modifications thereof, unless 
otherwise agreed or provided in this Law. 
Article 53 
The author has the exclusive right ta transfer the right of exploitation of his work ta 
another persan and ta allow the user ta modify the work or ta alter it in the respects and 
within the limits specified. IPIN/lIHRV/CIl 
Page] 8 
2. Trallsfer by Authors' COlltracts 
(1) Common Provisions Conceming Authors' Contracts 
Article 54 
The author may transfer the right of exploitation of his work to another person 
through authors' contracts, such as a publishing contract, a performance contract, a contract 
for a cinematographic work, a contract for radio and television broadcasting, a contract for 
the recording of his work by means of instruments recording sounds and images, a contract 
for the alteration (adaptation) of his work, a contract for the transfer of the right of 
translation of his work, and the like. 
Article 55 
Authors' contracts shall be concluded in writing. 
An author's contract not concluded in writing shall have no legal effect, unless 
otherwise provided by the Law. 
Article 56 
An author' s contract shall contain in particular: the names of the contracting parties, 
the title of the author' s work which is the subject of the contract, the type of use of the 
author's work, the amount, terms and time limits for the payment of a remuneration where 
the work is used in consideration of remuneration. 
The remuneration for the use of the author's work shall, in so far as this is possible, 
be fixed by taking into account the quality of the work, the sales possibilities thereof, the 
economic benefits which the other contracting party derive from using the work, as well as 
other conditions permitting an evaluation of the results achieved by the author's work as 
regards meeting social needs. 
Article 57 
If the revenue derived from the use of the author's work is evidently disproportionate 
to the author' s agreed remuneration, the author shall be entitled to request that a more 
equitable participation in the revenue so derived be fixed and/or ensured by an amendment 
of the contract for the use of the work. 
Article 58 
The author' s contract may also concern a work not yet created. IPINIlIHRV/CI 1 
Page 19 
Any contract in which the author transfers the right of exploitation in respect of his 
future works shall be null and void. 
Article 59 
The author shall be required, during the period of validity of the contract, to abstain 
from acts which might disturb the user in the exercise of the transferred copyright. 
Article 60 
The provisions of the laws governing contractual relations shall apply to authors' 
contracts, unless otherwise provided in this Law. 
(2) Publishing Contract 
Article 61 
By a publishing contract, the author transfers to the publisher the right of publication 
of his author's work by means of printing or multiplication. 
The publisher shall be required to publish the author's work, to indicate the author's 
full name, if the author do es not want the work to be anonymous or pseudonymous, visibly 
on each copy, to pay a remuneration to the author if the work is used in consideration of 
remuneration, to ensure effective distribution of copies of the work, and to supply the author 
periodicaIly, at his request, with information concerning the distribution of copies of the 
author's work. 
By a publishing contract, the author may also transfer to the publisher the right of 
translation of his work for the purpose of the publication thereof in other languages, both in 
the Republic of Croatia and abroad. 
Article 62 
The author' s agent may conclude a publishing contract only for the works specified 
in his power of attorney. 
The agent of the author with limited business capacity may not conclude a publishing 
contract without the author' s consent to the publication of the work. IPINllIHRV/C/l 
Page 20 
Article 63 
The publishing contract shall specify in particular the scope and duration of the use 
of the right transferred to the publisher by the author, the time limit within which the 
publisher is required to publish the work and the amount of the remuneration. 
Where the remuneration for the use of the work is fixed as a percentage of the retail 
priee of the selling copies, the publishing contract shall likewise specify the minimum 
amount of the remuneration which is payable by the publisher regardless of the number of 
copies sold, as well as the time limit for paying that amount. 
Article 64 
During the period of validity of the publishing contract, the author may not, unless 
otherwise stipulated in the contract, assign to a third party the right of publication or of 
multiplication of the author's work in the same language. 
The right of publication of newspaper articles may, unless otherwise stipulated in the 
contract, be assigned by the author simultaneously to several users. 
Article 65 
Unless otherwise stipulated in the publishing contract, it shall be considered that the 
author has transferred to the publisher, by that contract, only the right of publication for a 
single bibliographie edition, that is, the right to a single multiplication. 
Article 66 
The manuscript or any other original of the author' s work which is the subject of the 
publishing contract shall, unless otherwise stipulated in the contract, remain the property of 
the author. 
Article 67 
Unless otherwise stipulated in the publishing contract, the publisher shaH be 
required, if new editions of the author's work are printed, to allow the author to include 
improvements or modifications in his work, provided that these do not involve excessive 
expense for the publisher and do not alter the character of the work. Article 68 IPINIlIHRV/CI 1 
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When a work is destroyed by force majeure after its remittance to the publisher with 
a view to its publication, the author is entitled to the remuneration which would have been 
due to him if the work had been published. 
When a prepared edition is destroyed by force majeure before its distribution, the 
publisher is entitled to prepare a new edition, and the author shall have the right to the 
remuneration for the destroyed edition but not for the identical new edition. 
In the case of partial destruction of a prepared edition by force majeure before its 
distribution, the publisher is entitled to reproduce, without paying remuneration to the 
au thor , only as many copies as were destroyed. 
Article 69 
The following shall cause the publishing contract to terminate: the death of the 
author before the completion of the author's work, the fact that all editions provided for in 
the contract are out of print and the termination of the contract. 
Unless otherwise stipulated in the contract, the author may request the rescission of 
the publishing contract if, after one edition being out of print, the publisher has not, within 
one year from the date on which the author requested him to do so, proceeded with 
publishing a new edition as stipulated in the contract. 
If, within the time limits provided for in the contract, the author has not delivered 
the author's work to the publisher or the publisher has not published the work, the publisher 
or the author, as the case may be, may demand the rescission of the contract and claim 
damages for non-fulfillment of the contract; in addition, the author shall have the right to 
keep the remuneration received or, as the case may be, to request the payment of the 
remuneration stipulated in the contract. 
If the time limit for publication of the work has not been fixed in the contract, the 
publisher shall be required ta publish the work within a reasonable period of time, and at the 
latest within one year from the date of the remittance of the manuscript or other original 
work. 
Article 70 
A contract for the publication of articles, drawings and notes in newspapers, reviews 
and other periodicals need not be concluded in writing. 
Article 71 
If the publisher, during the period of validity of the publishing contract and at the 
latest on expiration of three years from the date of publication of the work unless a longer 
period is stipulated in the contract, intends ta sell unsold copies of IPIN/lIHRV/C/1 
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the work for pulping, he is bound to offer them first to the author at the price which he 
would obtain if he sold them for pulping. 
If the author does not purchase the offered copies of the work, or purchases only a 
part thereof, the publisher may sell the remaining copies of the work for pulping. 
(3) Presentation Contract and Perfonnance Contract 
Article 72 
By a performance contract or a presentation contract respectively, the author of the 
work shall transfer the right of public presentation or performance of the author' s work to 
the user, and the user shall undertake to present or perform, as the case may be, the said 
work within the fixed time limit, and in the manner and under conditions set forth in the 
contract. 
Article 73 
The author may simultaneously transfer the right of presentation or performance 
respectively of a given author's work to a larger number of users, unless he has renounced 
that right by a contract. 
Article 74 
The presentation contract or the performance contract respectively shall specify in 
particular the type of presentation or performance, as the case may be, of the author's work 
and the territory in which the work may be used. 
Article 75 
If, within the time limits provided for in the contract, the author has not delivered 
the work (manuscript, score, or the like) to the user, or the user has not presented or 
performed the work respectively, the author or the user, as the case may be, may demand 
the rescission of the presentation contract or the performance contract respectively, and 
claim damages for non-fulfillment of the contract. . 
Where the rescission of the contract is due to a fauIt on the part of the user, the 
author shall also have the right to keep the remuneration received or, as the case may be, to 
request payment of the remuneration stipulated in the contract. 
The manuscript, score or other original of the author' s work which is the subject of 
the presentation contract or the performance contract respectively, shall, unless otherwise 
stipulated in the contract, remain the property of the author. Article 76 IPIN/IIHRV/C/l 
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The beneficiary of the presentation contract or performance contract respectively 
shall be required to allow the author to inspect the presentation or, as the case may be the 
performance of the work, to ensure that the work is presented or performed under technical 
conditions guaranteeing that the moral rights of the author will be respected, as weIl as to 
supply the author or his agent with the program and to inform him periodically of the 
receipts derived from the performance of the work. 
Relationships between the authors and organizations for radio and television in the 
capacity of users of the author' s work within the meaning of the first paragraph of this 
Article shaIl be govemed by a contract. 
(4) Con tra ct for a Cinematographic Work 
Article 77 
Contracts for cinematographic works include both the contracts concluded by the 
authors of the cinematographic work (contracts concerning the scenario, the direction of the 
film and the film music, the contract concluded with the principal cartoonist) and the 
contracts concerning individual contributions to the cinematographic work made by other 
authors. 
The authors of the cinematographic work transfer to the maker, by a contract, the 
right to film, reproduce, distribute and publicly perform the cinematographic work. 
The maker shall be required to distribute the cinematographic work and to provide 
the authors thereof, at their request, with information concerning the results of su ch 
distribution. 
The remuneration stipulated in the contract for filming the cinematographic work 
shall not include the remuneration for reproduction and public performance of the 
cinematographic work. 
Article 78 
During the period of validity of the contract for the cinematographic work, the 
authors of that work may not, unless otherwise stipulated in the contract, transfer to a third 
party the right of filming, reproduction, distribution or public performance. 
Where the maker to whom the authors have transferred the right to film the work 
does not do so within a period of three years from the date of conclusion of the contract, the 
authors may demand rescission of the contract and claim damages for non-fulfillment of the 
contract, as weIl as keep the remuneration received or, as the case may be, request the 
payment of the remuneration stipulated in the contract. IPIN/1/HRV/CII 
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(5) Transfer by Inheritance 
Article 79 
The provisions of the laws on inheritance shaH apply to the inheritance of copyright, 
unless otherwise provided in this Law. 
(6) The Care for the Respect and Protection of Authors' 
Moral Rights After the Author's Death 
Article 80 
After the death of the author, the respect for the authors' moral rights, unless the 
author otherwise determined while his economic rights were still in effect, shaIl be vested in 
his heirs, in the organization of authors the deceased author belonged to or would have 
belonged to according to the type of the author's work, in other organizations referred to in 
Article 90, paragraph 1 of this Law and in the Croatian Academy of Arts and Sciences. 
After the expiration of the author's economic rights, the author's moral rights shaH 
be safeguarded by the organizations listed in the previous paragraph and the Croatian 
Academy of Arts and Sciences. 
Chapter V 
TERM OF COPYRIGHT PROTECTION 
Article 81 
The term of the authors' economic rights shaH be the life of the author and 50 years 
after his death, unless otherwise provided in this Law for special categories of authors' 
economic rights. 
Where the owner of the authors' economic rights is a legal entity within the meaning 
of Article 24 of this Law, the copyright shaH expire 50 years after publication of the work, 
or 50 years after the making of the computer program. 
Article 82 
Authors' economic rights in a einematographie work shall expire 50 years after the 
death of the last surviving author. 
Authors' eeonomie rights in a cinematographie work having the eharaeter of a 
photographie work shaH expire 25 years after the completion of the work. Article 83 IPIN/1/HRV/C/l 
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Authors' econornic rights in a photographie work, in a work produced by an 
analogous process and a work of applied art shall expire 25 years after the publication of the 
work. 
Article 84 
Authors' econornic rights in an anonymous author's work and a work published 
under a pseudonyrn shaH expire 50 years or, in the case of the works referred to in Article 
82, second paragraph, and Article 83 of this Law, 25 years after the publication of such 
works. 
Where the pseudonyrn leaves no doubt as to the identity of the author, or if the 
author reveals his identity, the term of his economic rights shall be the same as if the 
author's work had been published under the author's full name. 
Article 85 
The terrn of authors' econornic rights belonging in cornrnon to co-authors of an 
author's work shall start to mn from the death of the last surviving co-author. 
Article 86 
Authors' moral rights shall subsist aiso after the termination of their economic rights. 
Article 87 
The terms indicated in Articles 81 to 85 of this Law shall begin on the first of 
January of the year immediately following that, in which the author died or, where 
applicable, in which the work was published. 
Article 88 
After the termination of authors' economic rights, a special remuneration shall be 
payable for the use of the author's work if so provided by a separate law. IPINIl/BRV/C/l 
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Cha pte r VI 
ADMINISTRA TION OF COPYRIGHT 
Article 89 
The author may exercise his author' s rights by himself or through an agent. 
Article 90 
Organizations of authors and other copyright owners, as well as other specialized 
organizations for the administration of copyrights (e.g. Croatian Copyright Agency), are 
authorized to administer the copyrights, with the authorization of the Ministry of Culture. 
In order to administer copyright, an organization referred to in paragraph 1 of this 
Article, except for the rights in paragraph 3 of this Article, needs a power of attorney 
received from the author or other copyright owner. 
Organizations of authors may administer copyrights of public performance of non­
scenic musical and literary works (lfpetits droits If), including the rights referred to in Article 
32 and 36 of this Law, even without a power of attorney from the author or other copyright 
owner. 
The Ministry of Culture shall give the authorization provided for in paragraph 1 of 
this Article to the organization that fulfills the professional criteria for the administration of 
copyrights. 
The professional criteria referred to in paragraph 4 of this Article shall be 
determined by the Minister of Culture and Education in a general act. 
Article 91 
If there is no copyright contract for a public performance of non-scenic literary and 
musical works or if the contract doesn't stipulate the amount of the remuneration, the 
organizations of authors may obtain a remuneration for the authors of these works in the 
an10unt that they have determined in their general act. If it the Croatian Radio and 
Television broadcasting is concerned, the amount of the remuneration determined in the 
general act of the authors' organization shall be authorized by the Ministry of Culture. 
Article 92 
To act as representative before courts and other bodies, the organization of authors 
or the organization referred to in Article 90 of this Law must possess a special power of 
attorney from the author whose copyright is concerned in the litigation. Article 93 IP/N/lIHRV/C/l 
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To act as representative before courts and other bodies with a view of enforcing 
copyrights referred to in Article 90 paragraph 3 of this Law, the organization of authors or 
the organization referred to in Article 90 of this Law, shall not need a special power of 
attorney from the author. 
The organization of authors or the organization referred to in Article 90 of this Law 
may initiate and conduct in its own name the court actions referred to in the first paragraph 
of this Article, but it shall be required to report to the author the rights thus enforced. 
Article 94 
The impresarios of cultural and artistic entertainments and other users of authors' 
works shall be required to obtain authorization for the performance of such works in cases 
where such authorization is required under the provisions of this Law, and to supply without 
delay, and at the latest within 15 days from the date of performance, the organization of 
authors or the organization referred to in Article 90 of this Law with the programs of the 
works performed and to pay them royalties for the exploitation of such works. 
At the request of the author or an organization referred to in Article 90, paragraph 1 
of this Law, as the case may be, the competent police administration or police station shall 
prohibit the entertainment, or the second use of the author' s work respectively, if the 
entertainment impresario, or other user of the author's work, does not have authorization for 
the performance from the author or the organization referred to in Article 90, paragraph 1 of 
this Law. 
The users of authors' works shaIl provide aIl the information relevant for the 
administration of a copyright to the organization which administers it and shall make the 
corresponding documentation available for inspection. 
At the request of the organization which administers copyrights, the financial police 
shall provide the necessary assistance in the administration of copyrights. 
Cha pte r VII 
COPYRIGHT PROTECTION 
Article 95 
Any person whose authors' rights, whether economic or moral, have been infringed 
may demand the protection of su ch rights and claim damages for the harm suffered by the 
infringement. IPIN/l/HRV/Cil 
Page 28 
Article 96 
At the request of the plaintiff, the court may order in its decision: 
1. that the defendant be prohibited to continue his infringement of copyright; 
2. that the objects by means of which the infringement of the copyright was 
committed be destroyed or modified; 
3. that the judgment be published at the expense of the defendant. 
Article 97 
At the request of the plaintiff who fumishes evidence that his copyright has probably 
been infringed, the court may, even before taking a decision on the merits of the case, order 
the provisional seizure and withdrawal from circulation of objects capable of infringing 
copyright, or the prohibiting of the continuation of any works commenced by which the 
infringement of copyright could be caused. 
Article 98 
Where a person who publicly exploits an author' s work does not indicate the author' s 
full name in connection with such exploitation, the author may claim appropriate 
compensation for damages from su ch person, the subsequent publication of the author's full 
name in a suitable form, as well as an interdiction prohibiting that person from repeating 
such infringements. 
Article 99 
Copyright cannot be the subject of compulsory execution. 
Compulsory execution may be exercised on the economic benefit derived from the 
author's work. 
Unfinished works and unpublished manuscripts cannot be the subject of compulsory 
execution. Part Two 
RIGHTS OF PERFORMERS 
Chapter l 
INTRODUCTORY PROVISIONS 
Article 100 IPIN/I/HRV/CIl 
Page 29 
Performers who perform literary or musical works or other artistic works shaH enjoy 
the rights laid down in this Law in respect of their performances. 
The rights of performers shaH in no way affect the rights of the authors of the works 
mentioned in the first paragraph of this Article. 
Article 101 
For the pUl-poses of this Law, performers are individuals and groups that in an 
artistic manner present, recite, declaim, sing, play, dance or in any other way perform 
literary or musical and other artistic works. 
Article 102 
The performer who is a national of the Republic of Croatia, or a foreign national 
who has a usual residence in the Republic of Croatia, shaH enjoy the rights provided by this 
Law in respect of his performances given or used in the Republic of Croatia or abroad. 
The performer who is a foreign national or stateless shaH enjoy the rights in respect 
of his performances given or used in the Republic of Croatia, pursuant to this Law within 
the framework of the obligations which the Republic of Croatia has assumed under 
international treaties or on the basis of de facto reciprocity. 
Chapter II 
CONTENT OF THE RIGHTS OF PERFORMERS 
Article 103 
The performer shaH enjoy the economic and moral rights provided by this Law. IPIN/l/HRV/C/1 
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The economic rights referred to in the first paragraph of this Article shaIl be 
understood to be the rights of the performer in relation to the exploitation of his 
performance. 
The moral rights referred to in the first paragraph of this Article shaH be understood 
to be the performer' s right to have his name or pseudonym mentioned on any 
communication of his performance to the public, and also on any recording or on the coyer 
of any recording thereof, and his right to object to any distortion, mutilation or other 
alteration of his performance, to the use and distribution of his recorded performance if the 
recording has technical or other defects, and also to improper use of recordings that are 
prejudicial to his honor and reputation. 
Article 104 
Unless otherwise provided by this Law, the performance of the performer may not 
be subjected to the following without his consent: 
1. radio or television broadcasting; 
2. sound or visual or audiovisual recording; 
3. reproduction of su ch recordings; 
4. distribution of such recordings (copies of such recordings); 
5. direct communication to the public by loudspeaker or other technical systems 
outside of the room or place in which the performance is given. 
In the cases referred to in the first paragraph of this Article, the performer shall be 
entitled to remuneration, except where otherwise provided by this Law or by a contract. 
Except where otherwise agreed, all performers shall be entitled to remuneration. 
Any member of a group of performers who leaves the group shall be entitled to a 
share in the remuneration for the performance in which he participated. 
Article 105 
The organizations for broadcasting may also, without the authorization of the 
performer, broadcast performances recorded in a permitted way by instruments for 
mechanical reproduction, but they are obligated to respect aIl other rights of the performer. 
If for the exercise of right referred to in paragraph 1 of this Article, the performance 
remuneration is not provided for by a contract, the organization of the performers may 
determine the performance remuneration in its general act. 
If the broadcasting by the Croatian Radio and Television Company is concerned, the 
remuneration provided in a general act of the performers' organization, must be approved 
by the Ministry of Culture. Article 106 IPIN/lIHRV/C/1 
Page 31 
The following shall be permitted without the authorization of the performer and 
without the payment of remuneration: 
1. use of the performance for the purposes of teaching and scientific research; 
2. use of short fragments of the performance in the reporting of current events; 
3. recording of the performance by the organization for broadcasting, by means of its 
own facilities and for its own broadcasts (ephemeral recordings), provided that the said 
organization has been authorized to broadcast the performance. 
The recordings referred to in the first paragraph of this Article, subparagraph 3, may 
after broadcasting be entrusted to public archives as documentary material or be rebroadcast 
against the payment of a remuneration. 
Article 107 
When a recorded performance that had been placed on sale is used for 
communication to the public other than by radio or television broadcasting (secondary use), 
the user shall paya special remuneration to the organizations of performers. 
A special remuneration referred to in the previous paragraph shall be paid by the user 
in the amount determined by the organization of performers in its general act. The amount 
cannot be higher than 40 % of the author' s remuneration provided for such uses in Article 
91 of this Law. 
Article 108 
The rights of the performer who is the employee of an organization shall be 
governed by the general act of that organization, in accordance with this Law. 
The moral rights of the performer, as recognized by this Law, may not be limited by 
the general act referred to in the first paragraph of this Article. 
The organization of which the performer is the employee may use the said 
employee's performance without his authorization provided that the performance formed 
part of his work obligations. 
Article 109 
If the performance of the performer who is an employee goes beyond the bounds of 
his work obligations, or if it is transferred to another organization, the performer shall be 
entitled to a remuneration. IPIN/l/HRV/C/l 
Page 32 
Cha pte r III 
TRANSFER OF THE RIGHTS OF PERFORMERS 
Article 110 
The performer may, during the term of the right of exploitation that is granted to 
him in relation to his performance, transfer that right by contract to another person 
(performer' s contract), either wholly or in part, with or without the remuneration. 
The person to whom the right to exploit a performance has been transferred may not, 
without the consent of the performer, transfer that right to a third party unless otherwise 
provided by the performer' s contract. 
Article 111 
The performer' s contract shall be concluded in writing. 
The performer' s contract that is not concluded in writing shall have no legal effect. 
Article 112 
The performer' s contract shall contain the following: the names of the contracting 
parties, the medium and manner in which the performance is to be used, the name of the 
author, the title of the work performed, the amount of remuneration and also the mode of 
payment and time limits therefor. 
In addition to the particulars mentioned in the first paragraph of this Article, the 
performer' s contract relating to the recordiri.g of the performance and to the broadcasting of 
the said recording by radio or television shall also state the number of broadcasts and the 
period during which broadcasting may take place, while the performer's contract relating to 
the reproduction of the recording shaH state the number of copies that may be made. Cha pte r IV 
TERM OF THE RIGHTS OF PERFORMERS 
Article 113 TPIN/lIHRV/C/1 
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The term of the economic rights of performers provided for in this Law shaH be 20 
years, counted, 
1. for recorded performances, from the end of the year in which they were recorded; 
2. for unrecorded performances, from the end of the year in which they were given; 
3. for broadcasts, from the end of the year in which they were broadcast. 
Article 114 
The moral rights of the performer shaH subsist even after the termination of his 
economic rights. 
Chapter V 
ADMINISTRATION OF THE RIGHTS OF PERFORMERS 
Article 115 
The performer may exercise his rights directly or through an agent. 
Article 116 
The organizations of performers and other specialized organizations for the 
administration of the rights of performers may carry out such activities with the 
authorization of the Ministry of Culture. 
In order to administer the rights of performers, the organizations referred to in 
paragraph 1 of this Article need to have the performer' s power of attorney. 
The Ministry of Culture shaH issue the authorization referred to in paragraph 1 of 
this Article to such institution, association or other organization that fulfills the professional 
criteria for the administration of copyrights. 
The professional criteria referred to in paragraph 4 of this Article shaH be determined 
by the Minister of Culture in his act. IPlNllIHRV/C/l 
Page 34 
Article 117 
Broadcasting organizations and other users shall be obliged to provide the 
organization representing the performer with detailed information concerning the use of his 
performance. 
The users referred to in the first paragraph of this Article shall also be obliged to 
submit to the organization representing the performer a copy of the performer's contract. 
Article 118 
Groups of performers shall exercise their rights through the persons authorized by 
them. 
When, in addition to the group of performers, a conductor, soloists and leading 
actors who are not members of the group take part in the performance of a musical work or 
the presentation of any other artistic work, the right of authorization referred to in Article 
104 of this Law shall belong also to those additional performers, in the absence of any 
agreement to the contrary between them and the group. 
Cha pte r VI 
PROTECTION OF THE RIGHTS OF PERFORMERS 
Article 119 
A performer whose economic or moral right has been infringed, may demand the 
protection of that right and claim the damage for the harm suffered by the infringement. 
At the request of the plaintiff who se performers' right has been infringed, the court 
may order in its decision: 
1) that the defendant be prohibited to continue his infringement of the right; 
2) that the objects by means of which the infringement of the right was committed be 
destroyed or modified; 
3) that the judgment be published at the expense of the defendant. 
At the request of the plaintiff who has claimed the possible infringement of the right, 
the court may, before ruling on the merits of the case, order that the objects by means of 
which a right has been infringed be temporarily seized or withdrawn from circulation, and 
that a ban be placed on any continuation of the activities undertaken by which an 
infringement of the right of performer could be committed. Article 120 IPIN/1/HRV/C/l 
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When the user of a performance, at the time of use, fails to mention the name or 
pseudonym of the performer as provided in Article 103 of this Law, the performer in 
question may require the prohibition of any further infringements of the same kind, the 
subsequent publication, in an appropriate manner, of the said name or pseudonym, and the 
compensation for damages. 
Part Three 
PENAL PROVISIONS 
Article 121 
Any person who, under his own name or the name of another person, publishes, 
presents, performs or transmits the work of another, or permits su ch acts, shall be guilty of 
a criminal offense and puni shed by imprisonment of up to five years. 
Any person who without an indication of the author' s name or pseudonym publishes, 
presents or transmits another person's author's work containing the author's name or 
pseudonym, or permits such acts, shall be guilty of a criminal offense and punished by a 
fine or imprisonment of up to a year. 
Any person who unlawfully inserts excerpts from the work of another into his own 
author's work, shall be guilty of a criminal offense and puni shed by a fine or imprisonment 
of up to a year. 
Any person who distorts, mutilates or otherwise modifies the author's work of 
another, shall be guilty of a criminal offense and punished by a fine or imprisonment of up 
to six months. 
Article 122 
Any pers on who, without the permission of the author or other copyright owner or 
an organization referred to in Article 90, paragraph 1 of this Law, if such organization is 
authorized to give such permission, required by the provisions of this Law, publishes, alters, 
adapts, reproduces, presents, performs, transmits, translates, records, puts into unauthorized 
circulation, publicly displays, broadcasts or publishes in the media, or in any other way uses 
a author's work protected by this Law in order to have pecuniary gains, shall be guilty of a 
criminal offense and puni shed by a fine or imprisonment of up to five years. IPINllIHRV/C/J 
Page 36 
In cases referred to in paragraph 1 of this Article, when the offender has committed 
these acts for illegal pecuniary gains for himself or for another person, he or she shaH be 
guilty of a criminal offense and punished by imprisonment of up to five years. 
Article 123 
Any person who transmits a performance by radio or television, records it, 
reproduces the recorded performance or distributes or publicly communicates the recording 
without the authorization of the performer, the group of performers, the conductor, the 
soloists or the leading actors, where such authorization is required under the provisions of 
this Law, commits a criminal offense punishable by a fine. 
Article 124 
Prosecution for the offenses referred to in Article 121, paragraph 3 and 4 of this Law 
shall be instituted upon a private suit. 
Article 125 
An organization, an employer or an individual shaH be puni shed by a fine of DM 
500 to 1.000, expressed in kunas, if they: 
1) publish, adapt, arrange, reproduce, present, perform, transmit, translate, record, 
put into unauthorized circulation, broadcast or publish in the media or in any other way use 
an author's work protected by this Law without the permission of the author or other 
copyright owner, or organization referred to in Article 90, paragraph 1 of this Law, if this 
organization is authorized to give such permission and it is required by the provisions of this 
Law. 
2) without indicating the author' s name or pseudonym or under another name, 
publish, present, perform, transmit, or in any other way use a copyright work on which the 
author' s name or pseudonym is indicated, or distort, mutilate or in any other way alter the 
copyright work or allow su ch activities, or use it in a way that harms the dignity and 
reputation of the author. 
For the activity referred to in paragraph 1 of this Article, the responsible persan 
within the organization or on the premises of the employer shall also be puni shed by a fine 
of DM 200 expressed in kunas. Article 126 IPlNllIHRV/CIl 
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The enterprise or other legal entity, or the employer, which/who broadcasts the 
performance by radio and television, records it, reproduces the recorded performance or 
communicate it to the public without the authorization of the performer, the group of 
performers, the conductor, the soloists or the leading actors, when such authorization is 
required according ta the provisions of this Law, shaH be puni shed by a fine amounting 
from 4,50 to 45 kunas (Article 104). 
For the acts referred ta in the first paragraph of this Article, the responsible person 
within the enterprise or other legal entity, or on the premises of the employer, shaH also be 
puni shed for an offense with a fine of 1,00 ta 10,00 kunas. 
Article 127 
The objects that were used, or were meant ta be used for the commitment C)f a 
criminal offense referred ta in Article 121 and Article 122, paragraph 1 and 2 of this Law, 
or that are the result of a criminal offense, or objects that were used or meant ta be used for 
the commitment of an offense referred ta in Article 125 and Article 126, paragraph 1 of this 
Law, shall be seized. 
Article 128 
An organization, an employer or an individual who acts contrary to Article 94, 
paragraph 1 or does not deliver to the organization referred to in Article 90, paragraph 1 the 
programme of the performed, presented or broadcast works with the exact data, or present 
incorrect data on the performed or presented author' s work, shaH be punished with a fine of 
DM 200 to 500, expressed in kunas. 
The responsible person within the legal entity and such on the premises of the 
employer shall be puni shed by a fine of DM 100, expressed in kunas, for an offense from 
paragraph 1 of this Article. IPIN/I1HRV/CII 
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Article 129 
An organization, an employer or an individual shall be punished for an offense by a 
fine of DM 300 to 500, expressed in kunas, if they do not provide the organization for the 
administration of performer's rights with the following: 
1) complete data on the use of the performance (Article 117, paragraph 1.), 
2) a copy of the performers' contract (Article 117, paragraph 2.) 
For an activity referred ta in paragraph 1 of this Article, the responsible persan in 
the organization and on the premises of the employer shall be puni shed for an offense with a 
fine of DM 100, expressed in kunas. 
Part Four 
TRANSITIONAL AND FINAL PROVISIONS 
Article 130 
As from the of entry into force of this Law (Official Gazette of SFRY No. 19/78) 
the Copyright Law (Official gazette of SRRY No 30/86) shall cease ta be in effect, except 
for the provisions of Articles 94, 95, 96, and 104 which will cease ta be in force on the day 
of coming to effect of the corresponding republic provisions, but one year at the latest from 
the date of coming into force of the Copyright Law (Official Gazette SFRY No 19/78). 
Article 131 
The eXlstmg organizations administering copyrights or performers' rights 
respectively, shall continue to work and are obligated ta submit to the Ministry of Culture, 
within 6 months from the date of entry into force of this Law, a request for the issuance of a 
permit ta carry out the activity of administering copyrights, or to carry out the activity of 
administering performers' rights. 
The Ministry of Culture shall make a decision regarding the request for a permit for 
carrying out the activity of administering copyrights pursuant to Article 90, paragraph 1 and 
4 of this Law, or the activity of administering the performers' rights pursuant ta Article 
116, paragraph 1 of this Law, within 60 days from the date of the submission of the request. 
The organization referred ta in paragraph 1 of this Article which is not granted a 
permit according ta the provision of Article 90, paragraph 1 and 4 and Article 116, 
paragraph 1 of this Law shall cease to be operative when the decision becomes final. Article 132 IP/NIlIHRV/C/l 
Page 39 
As from the date of entry into force of this Law (Official Gazette of the Republic of 
Croatia No. 58/93), the Law on Remuneration for Performance of Folk Literary and Artistic 
Creations (Official Gazette RH. No. 1/73) and the provision of Article 5 of the Law on the 
Adoption of Federal Laws from the Field of Education and Culture which in the Republic of 
Croatia applied as the Laws of the Republic (Official Gazette RH. No. 53/91) shall ceased 
to be in force. 
Article 133 
The Legislative Committee of the House of Representatives of the Parliament of the 
Republic of Croatia shall be authorized to establish and issue the final draft of the Copyright 
Law (Official gazette RH. No. 58/93). 