- 1. How and where can I protect my copyright work?
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Pursuant to Article 19 paragraph (2) of the Copyright and Related Rights Act, copyright in a work belongs to its author by the mere act of the creation of the work, without needing to meet any formalities like registration of the work or granting the right in an administrative procedure or a deposit (storage) of the work.
Deposit of a work with a particular natural or legal person has no influence on acquiring copyright but is only evidence that the work existed at a particular moment and that it was stored in a particular form.
- 2. What does it mean to publish, and what to issue a copyright work?
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The term publishing comprises any procedure of making a work accessible to the public with the consent of the right holder, for example by its exhibiting, presenting or otherwise.
Publishing is one of the ways to disclose a copyright work. It is a procedure where copies of that work, with the consent of the right holder, have been offered to the public or put into circulation making the work thus accessible to the public (for example, publication of a book). A work shall also be considered published if it has been made available to the public by wire or wireless means, in such a way that members of the public may access it from a place and at a time individually chosen by them (online publication of a work).
- 3. What is the public?
- The public shall mean a larger number of persons that are outside the usual circle of persons closely tied with family or other personal relations.
- 4. What does public use of a copyright work mean?
- Public use of a copyright work shall be considered any use of a copyright work that is available to the public, or such use in the area that is available to members of the public or providing to members of the public access to the copyright work at a time and from a place individually chosen by them (online).
- 5. How to protect an idea?
- Copyright protects the expression of an idea, which means a copyright work, and ideas, procedures, methods of operation are not the subject matter of copyright, they are free.
- 6. What are orphan works?
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Orphan works are regulated by rules at the level of the European Union, and these can be works such as books, magazines, journals or other printed matter, audiovisual and other works.
A copyright work shall be considered an orphan work if, after carrying out a careful search in accordance with the Copyright and Related Rights Act, no author of that work or none of the co-authors is identified, or the author is identified but not located or the co-authors are identified but not all are located.
The Act regulates also procedures of diligent search to be carried out by responsible institutions in order to establish the identity of the author or his finding, as well as the cooperation established at the level of the European Union by publishing a single Orphan Works Database administered by the European Union Intellectual Property Office.
- 7. Are adaptations of copyright works protected as copyright works?
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If translations and other alterations of copyright works such as adaptations, remakes and the like, are original intellectual creations of individual character, they shall be protected as independent copyright works.
Rights of the author of an original work shall remain intact.
Since the author has the exclusive right to authorise or to prohibit a remake of a work, a person wishing to remake a copyright work shall have to request a prior approval from the author.
- 8. Are translations by professional translators and court experts copyright works
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Article 15 of the Copyright and Related Rights Act provides for protection of translations of a copyright work, as a type of remaking a copyright work, as independent copyright rights, if they are original individual intellectual creations.
The rights of the author of the original work shall remain intact.
A translation of a text that is not a copyright work in its nature because it is a matter of, for example, a diploma, a certificate, a citizenship certificate, technical instructions and the like does not enjoy copyright protection.
Translations of official texts in the domain of legislation, administration and judiciary, which are original individual intellectual creations, shall be protected as individual copyright works, unless made for the purpose of officially informing the public and are disclosed as such (e.g. a translation of an international agreement into Croatian published in the “Official Gazette – International Agreements”).
- 9. Are norms copyright works and are they protected by copyright?
- Norms passed by private persons may enjoy protection as written linguistic copyright works if they meet general requirements of protection, i.e. if they are original individual intellectual creations.
However, norms which became part of a particular regulation or norms submitted to any official procedure for the purpose of officially informing the public do not enjoy copyright protection anymore, because they share legal follow-up of other official works. Official works include the norms which became part of the regulations as well as the norms referred to in Article 18 paragraph (3) of the Copyright and Related Rights Act.
- 10. How can a database be protected?
- Protection of rights of creators (producers) of databases depends on whether it is a database which is an original intellectual creation and protected by copyright (copyright database) or a non-original database, which is protected by the right of a database producer as one of the related rights.
A copyright database is a collection of independent copyright works, data or other material arranged according to a certain system or method, the elements of which are individually available by electronic or other means. By reason of the selection or arrangement of its constituent elements, a copyright database constitutes an original individual intellectual creation by its author.
Non-original databases may enjoy protection by a related right (sui generis protection), as provided for by Articles 173 – 179 of the Copyright and Related Rights Act. A non-original database is a collection of independent copyright works, data or other materials, arranged in a certain systematic or methodical way, the elements of which are individually available by electronic or other means, whereby either the obtaining, verification or presentation of the contents of such database requires a qualitatively and/or quantitatively substantial investment in terms of resources, time and efforts engaged and other investments. More on the rights of producers of non-original databases is available here.
- 11. Is a journalistic article and coverage considered to be a copyright work?
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Journalistic works such as articles, photographs and audiovisual clips enjoy protection by copyright according to the Copyright and Related Rights Act (Article 14), if they are original individual intellectual creations by their authors – journalists and photojournalists.
However, if it is a matter of daily news and other news having the character of common media information, such articles are not subject matter of protection by copyright.
Coverage (such as a journalistic report presenting events and circumstances based on collected information) constitutes a copyright work in principle, if it is not a matter of a described case of common media information.
- 12. Does a synopsis for as yet unrecorded audiovisual work constitute a copyright work?
- Synopsis or basic plot, abstract or “pre-screenplay” for as yet unrecorded audiovisual work is considered a written copyright work, if it is original or if it is subjectively original, which means that it does not imitate another well-known work.
The author of a synopsis becomes a copyright holder by mere act of creating a synopsis even without its publication.
Synopsis and screenplay of a work are mostly copyright works of the same author.
- 13. How to protect a screenplay for an audiovisual work?
- A screenplay, as a detailed description of the plot of an audiovisual work, is a written copyright work and subject matter of protection by copyright. A screenplay enjoys protection by mere act of creation, without fulfilling any formal requirements for the grant of rights.
Upon creation of an audiovisual work, the screenplay becomes a part of that co-authored work in terms of Article 21 of the Copyright and Related Rights Act, pursuant to which co-authors of a work are the persons who created the co-authored work jointly, and whose contributions cannot be used independently. Co-authors shall have a joint copyright in the created copyright work.
Pursuant to the provisions referred to in Article 22 of the Copyright and Related Rights Act, the principal director is the main co-author of an audiovisual work, and other co-authors are: the author of a screenplay, the principal cameraman, the principal image and sound editor, the composer of music specifically created for use in such work, and these may be also the principal drawer or the principal animator, if a drawing or animation represents an essential element of an audiovisual work.
- 14. Are a review and proofreading copyright works?
- A review as a written presentation and assessment of an artistic or scientific work is a linguistic, written copyright work, if it is a matter of an individual original intellectual creation expressed as a written work. Proofreading as correcting and editing of a copyright manuscript from an orthographic and linguistic aspect, is the job of an expert and not a copyright work.
- 15. Are computer programmes and bases for their preparation protected as copyright works?
- Computer programmes are protected as linguistic works if they are original in terms of representing an intellectual creation by their author. The term ‘computer programme’ comprises the expression of a computer programme in any form including also preparatory design material. Ideas and principles which any element of a computer programme is based on, including the ones making the basis of its interface, are not protected by copyright.
- 16. Can project design documentation as a whole be protected as a copyright work?
- Representations of scientific or technical nature, such as drawings, plans, sketches and tables, may be protected by copyright, but only if they are individual original intellectual creations.
Here, it is necessary to point out that ideas, procedures, methods of operation and mathematical concepts do not enjoy copyright protection.
With works of architecture, sketches, studies, plastic and other representations, drawings, conceptual designs, design development, execution projects, plans and constructed buildings and interventions in the field of architecture, urbanism and landscape architecture enjoy protection, if it is a matter of individual original intellectual creations.
- 17. How to protect a layout of a webpage?
- Ideas for creation of a website, methods and procedures of operation or concepts are not subject matter of copyright protection but only actual implementations or copyright creations.
Online (web) pages may contain various copyright works, such as web design, photographic works, works of visual art (e.g. illustrations), copyright databases, written works, audiovisual works, but also subject matters of protection of related rights such as non-original databases.
Hence, it is advisable to put rights-management information on the website. Pursuant to Article 277 paragraph (2) of the Copyright and Related Rights Act, right-management information are any information provided by the right holder identifying a subject matter of protection, the right holder, the terms and conditions for use of the subject matter of protection, and their relevant numbers and codes representing such information, where they are indicated on a copy of a copyright work or subject matter of related rights or when they appear in connection with their communication to the public.
Insertion of rights-management information on a website also enables potentially interested users to contact the right holder of copyright contents published on a relevant website and ask for authorisation for particular use of a copyright work (the same refers also to subject matters of related rights).
- 18. Are professional lectures and computer presentations copyright works and are professional lectures in regular teaching classes copyright works?
- Professional lectures in regular teaching given within curriculum will often represent tasks of occupation rather than copyright works (cases of routine, recurring presentation of a particular teaching unit, structured mostly according to the requirements of curriculum).
However, professional lectures at all education levels may also be copyright works, if they are original, individual intellectual creations in the field of literature, science or art, expressed in this case as speech works, and under the same conditions, professional or scientific presentations prepared for use and display via computers and other auxiliary technical devices may also enjoy protection.
- 19. Do teachers have copyright in works they have created in an employment relationship?
- According to the Copyright and Related Rights Act, in cases when a teacher at a high education institution created a copyright work during employment, performing his teaching activities, exclusive copyright property rights to exploit a copyright work belong then to the employer without space and time limitation and regardless of employment termination, unless otherwise stipulated by a contract or other act.
Such rules are applicable also to teachers who create copyright works at lower education levels – in primary and secondary schools – while preparing classes.
The employer must always respect moral rights of the author when using copyright works, since these rights are not transferrable and they are tied to the author’s person.
In cases where a teacher at a high education institution has created a copyright work that is not closely related to the teaching activity but refers to the performance of scientific, research, professional, artistic or similar activities, copyright belongs then to authors (teachers) without limitation. An exception to this rule exists in the case where it is otherwise regulated by the employment contract between the teacher and the high education institution, the collective agreement or another agreement with the teacher.
- 20. Are photographic works protected by copyright and what is the term of protection?
- Photographic works may be copyright works if they are original individual intellectual creations. Originality in photographic works may refer to the choice of motives and shooting angle, choice of lighting or moment of photography and selection of technical tools. On the other hand, photographs serving for identification or the ones shot with photo machine cannot be considered copyright works.
According to the Copyright and Related Rights Act, term of protection of photographic works runs for the life of the author and for 70 years after his death, making it equal to all other types of copyright works.
Terms of protection by copyright and related rights are harmonised with the rules adopted at the level of the European Union.
However, according to earlier regulations that were valid in Croatia, term of protection of photographic works was shorter. Thus, according to Article 83 of the Copyright Act (OG 9/99), term of protection of a photographic work expired upon 25 years since its publication. It was in the same year that the Act on Amendments to the Copyright Work was adopted (OG 76/99) determining the term of copyright protection for all copyright works to run for the life of the author and for 70 years after his death, and a special provision on shorter term of protection for photographic works has been deleted by this Act. Transitional and final provisions under this Act indicate for this Act to be applied to all copyright works and performances by performers in respect of which property rights have not ceased by the date of entry into force of this Act. Since this Act entered into force on 27 July 1999, it will be necessary to establish for every particular older photographic work if its protection (term of 25 years) expired by 27 July 1999. If the protection expired, the work has entered the public domain and may be used freely, with the obligation of recognition of authorship, respect for the copyright work and the author’s honour and reputation.
- 21. Is it permitted to use and publish publicly accessible photographs and texts of other authors in one’s own copyright works?
- A copyright work may be used only with the author’s authorisation, unless presumptions are fulfilled to apply exceptions or restrictions from copyright, which are explicitly prescribed by the Copyright and Related Rights Act (Articles 181 to 213), such as for example using quotes from a published work or using parts or excerpts from a legally published work for the needs of giving examples in teaching classes.
Hence, as a rule, individual using of another author’s copyright work in order to create one’s own needs to be agreed with the right holder and regulate in a corresponding written contract.
Easy accessibility of someone else’s copyright works, for example online, does not mean they are free to use. The rules effective in the physical world also apply to the use of protected content published online.
Unauthorised use of copyright works or subject matters of protection by related rights will represent infringement of rights, and the law provides for civil, misdemeanour and, in the most severe cases, criminal protection of copyright and related rights holders.
- 22. Where can I learn more on infringements of copyright and related rights in Croatia?
- You can learn more on infringements of copyright and related rights, as well as other intellectual property rights, and on measures and initiatives undertaken in order to suppress infringements of intellectual property rights via online portal Stop Counterfeiting and Piracy.
Information on infringements of intellectual property rights in Croatia have been systematically recorded via regular statistical reports. Reports are being prepared by the State Intellectual Property Office, upon collecting and processing statistical data on procedures conducted due to infringements of intellectual property rights, which are monitored by individual authorities responsible for intellectual property rights: State Attorney’s Office, Ministry of the Interior, Ministry of Justice, Customs Administration at the Ministry of Finance and the State Inspectorate.
- 23. How to protect copyright music rights?
- Copyright in a work belongs to its author by the mere act of the creation of the work pursuant to Article 19 paragraph (2) of the Copyright and Related Rights Act, without fulfilling any formalities such as registration of the work in an administrative procedure or a deposit (storage) of the work.
It is useful not only for authors but also for holders of related rights who create and operate in the sector of music art to adequately deliver information on their works, performances, phonograms, co-authorship and other issues related to their subject matters of protection to collective management organisations that have work permits issued by the State Intellectual Property Office and operate in a specific sector, for the purpose of collective management of their rights or collection and distribution of remunerations for public use of their musical works.
- 24. Can an author who manages his rights in the system of collective management of rights grant an individual authorisation for use of his work in a particular case?
- For certain forms of using copyright works, the author’s rights are managed in the system of collective management of copyrights. Namely, under conditions of mass use of works (e.g. public communication of musical or audiovisual works, public lending of works, reproduction of works for private use and the like), it is not possible in each individual case to make necessary contact between a user and an author of a work in order to, on one hand, provide for the author’s authorisation to use the work and, on the other, provide the author with payment of a remuneration for such use.
Hence, such forms of using a work are being authorised and charged for, not only in Croatia but in the world as well, via collective management organisations of authors or author associations, that, within the scope of their activities, ensure to the user the legality of the use of the entire repertoire represented by the organisation, and to the author the supervision of the use of his works and the exercise of the right to an appropriate remuneration.
Institute of the so-called collective licencing with extended effect has been introduced into national legislations of a certain number of countries (the European law provides for such possibility by Article 12 of the Directive (EU) 790/2019), including the institute of presumed authorisation, established for the needs of operation of one, representative organisation in one country, for collective management of rights for a particular type of right and a particular category of right holders.
Such organisation represents all authors in its country, as well as authors from other countries based on an agreement on reciprocal representation with corresponding foreign organisations. The organisation needs to represent here all right holders and users on an equal basis, in the way that enables anyone under equal conditions access to a copyright work and its use.
Pursuant to Article 224 paragraph (6) of the Copyright and Related Rights Act, it is presumed for a collective management organisation with an authorisation granted to perform the activity of collective management of rights to have powers of attorney to perform the activity of collective management of rights for all domestic and foreign holders of such rights, except for that right holder who has notified the collective management organisation explicitly in writing not to manage his rights. The right holder may terminate the authorisation entirely or in relation to a particular right, a category of rights or a type of copyright works (Article 227 paragraph (3) of the Act), but not in respect of particular works within a particular type of works.
The right holder who manages his rights in the system of collective management of rights has the right to issue authorisations for non-commercial use of any right, a category of rights or a type of works and other content of his choice, and the collective management organisation is obliged to clearly announce to the right holders whose rights it manages the condition under which they may issue authorisations for the non-commercial use of their works or subject matters of related rights whose management they have left to that organisation- Non-commercial use is considered to be that use in which neither directly nor indirectly the property or commercial benefit is realised.
More on collective management of rights is available here.