Collective Management of Rights
In case of using a large number of copyright works and subject matters of related rights, which is not determined in advance (e.g., public performances, broadcasting and rebroadcasting by means of radio or television or other communication to the public of non-stage musical works or sound recording or fixation of a performance to a phonogram), the user of a work cannot enter into contact with authors, or holders of related rights individually, and conclude individual copyright contracts or contracts on the use of a performance for each and every work.
In such a case, the relevant contract may be concluded by a collective management organisation representing authors or holders of related rights.
Until the recent development of the system of collective management of rights, it was common in one country for one association to collectively manage rights for all members of one group of right holders, not only domestic but also all foreign right holders, and representation of foreign authors is regulated by mutual (bilateral) representation agreements. At the international level, similar collective management organisations form associations that facilitate the application of such agreements (for example, CISAC for organisations for the protection of music, literary and artistic copyrights).
According to such model, through the contract with a user, the organisation shall grant authorisation for the use of all the works that it represents (the whole repertoire), distribute remunerations as collected among right holders, according to particular distribution rules, and control the use of the work.
With the recent development of the system of collective management of rights, other models of managing rights have been introduced.
In the Republic of Croatia and in other Member States of the European Union, the right holder may, at his option, select and authorise a collective management organisation in any Member State of the European Union to manage the rights, categories of rights or types of works or subject matters of related rights of his choice, for the countries of his choice, irrespective of which Member State of the European Union he is a citizen of and in which he has a residence or a place of business. Also, in some countries, there are several collective management organisations that represent the same group of right holders, so the right holder can choose which of them to entrust with the representation of his rights.
In the Republic of Croatia and in other Member States of the European Union, collective management of rights may be performed on a profit basis, through a so-called independent management entity.
Pursuant to the Copyright and Related Rights Act, collective management of rights in Croatia may be carried out by an organisation of right holders, which has the authorisation for carrying out such an activity, granted by the State Intellectual Property Office. The Office may grant the authorisation for carrying out such an activity to only one organisation for a particular kind of rights and a particular category of right holders, namely, to the one which has the largest number of members based on the received powers of attorney, together with the appropriate number of contracts on mutual (bilateral) representation concluded with foreign associations, and taking into account other relevant circumstances in a particular area.
Collective management organisations with a place of business in the Republic of Croatia are obliged, in representing rights and interests of right holders, to operate in accordance with the Copyright and Related Rights Act and other regulations governing the operation of a related type of the organisation. Organisations are obliged to make the information about their operation public on their websites in an annual transparency report.
The request for granting the authorisation to perform the activity of collective management of copyright or related rights may be submitted with the Office by post or electronically, and the form filled in and accompanied by supporting documents is to be delivered to the e-mail address: e-kolektivna@dziv.hr.
Authorised by the State Intellectual Property Office, the collective management of copyright and related rights in the territory of the Republic of Croatia is carried out by the following collective management organisations:
Croatian Composers' Society (HDS), Zagreb, Berislavićeva 9
Croatian Association for the Protection of Performers' Rights (HUZIP), Zagreb, Ivana Broza 8a
Association for Protection, Collection and Distribution of Phonogram Producers’ Rights (ZAPRAF), Zagreb, Ulica kneza Borne 5
Croatian Film Director’s Guild (DHFR), Zagreb, Boškovićeva 23
Association for the Protection of Publishers’ Rights (ZANA), Zagreb, Amruševa 10
Croatian Writers’ Association (DHK), Zagreb, Trg bana Josipa Jelačića 7/I
Society for the Protection of Journalists’ Copyright (DZNAP), Zagreb, Perkovčeva 2
Croatian Audiovisual Performers’ Collecting Society (AVIP), Zagreb, Amruševa 19/III
Press Publishers' Association (UNIP), Zagreb, Ribnjak 40
The decisions issued to the collective management organisations, with the list of rights as granted, are published in the official gazette of the Office No. 22/2018, 15/2022, 2/2023, 5/2023 and 19/2023.
Collective management of rights in the Republic of Croatia may also be carried out through an independent management entity, under the assumptions and in the manner as provided by the Copyright and Related Rights Act. An independent management entity is an organisation which is authorised by a contract to manage copyright or related rights on behalf of two or more right holders, regardless of whether it acts on its own behalf or on behalf of right holders, for their collective benefit, as its sole or main purpose, and which is neither owned nor controlled, directly or indirectly, wholly or in part, by its members, and organised on a for-profit basis.