Croatia has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 191 and 193 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.

Implementation summary:

Art. 193 of the CRRA allows cultural heritage institutions to reproduce an author's work or the subject of a related right on any basis, for their special needs that are in accordance with their public purpose, such as the needs of preserving and securing the material, technical restoration and repair of the material, management of the collection and other own needs, if they do not achieve direct or indirect financial or commercial benefit. In addition, a new art. 191 allows for cultural heritage institutions to reproduce works of authorship and objects of related rights that are a permanent part of their collections, in any format or on any medium, for the purpose of their preservation and to the extent necessary for this purpose. Works are considered to be part of the collections of cultural heritage institutions in cases where copies thereof are owned by the beneficiary or are permanently held by it on the basis of a contract for use, deposit or permanent loan, or similar contractual relationship. Contractual provisions contrary to the exception are considered null and void.

Implementation details:

Beneficiaries:

• cultural heritage institutions

Purposes:

• preservation
• special needs that are in accordance with beneficiaries public purpose and are non-commercial

Usage:

• reproduction (in any format or on any medium)

Subject Matter:

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

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be divulged
• works used must be a permanent part of beneficiaries\' collections (as per art. 191)
• use must be limited to the extent necessary for this purpose of preservation of works (as per art. 191)

Introduced/last updated: 14 October 2021

Remarks: Art. 193 of the Law of 2021 recreates and broadens the scope of the prevously existing art. 84 for the reproduction in favour of educational, cultural, charitable and other institutions pursuing non-commercial purposes. In parallel, art. 6 of the CDSM directive has been implemented verbatim in a different provision covering preservation only in art. 191 of the Law.

Art. 187(3) of the Law of 2021 (on TDM) contains a legal definition of 'cultural heritage institutions'. An institution of cultural heritage is a publicly available library or museum, archive or institution of film or audiovisual heritage. This includes national libraries and national archives, as well as archives and publicly available libraries of educational institutions, scientific organizations and public broadcasting organizations.

Under Article 181 (1) of the law, exceptions and limitations apply to both works (which must be divulged) and other subject-matter, subject to related rights. Article 181 (2) contains the requirements of the 3-step test.