Croatia has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Article 201 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, distribution and communication to the public, including making available to the public, to the extent necessary for public reporting on current events, through press, radio, television or other means, of published newspaper articles and photographs, radio and television reports and other audiovisual recordings on current political, economic or religious issues, which were published in other means of public communication, provided that the rights for such use are not expressly reserved in relation to this content and that the author's work or subject of related law is used in the scope that corresponds to the purpose and method of reporting. The provision requires to state the source and authorship of the work, if this is possible considering the manner of use.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • public reporting on current events

Usage:

  • reproduction
  • distribution
  • communication to the public
  • making available to the public

Subject Matter:

  • published newspaper articles
  • photographs
  • radio and television reports
  • other audiovisual recordings

Compensation:

  • no compensation required

Attribution:

  • stating the source and authorship of the work is required, if possible considering the manner of use

Other Conditions:

  • works used must be on current political, economic or religious issues
  • use must be limited to the extent necessary for public reporting on current events
  • use must be effected through press, radio, television or other means
  • works used must have been published in other means of public communication
  • the rights for such use must not have been expressly reserved in relation to this content
  • the work must be used in the scope that corresponds to the purpose and method of reporting

Introduced/last updated: 14 October 2021

Remarks: Although the croatian 'press review' exception is relatively broad in most of its elements. it combines the possibility for the rightsholder to reserve their rights, typical for the 'press review' exception, with the requirement for the use to be limited to the extent necessary for public reporting on current events, which is a traditional restriction for the 'reporting on current events' exception, thus cumulating two typically alternative restrictions on free use and seriously limiting the scope of the provisions.

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.