Copyright is the right of authors in respect of their works in the literary, scientific and artistic domains. In view of their contents, we distinguish among moral, material and other rights of authors.
Related rights are rights that are close to (i.e. related to or neighbouring) copyright, based on already existing copyrighted work. They have their own subject matter of protection.
Phonogram producers’ rights are one of six types of related rights, defined and protected by the Copyright and Related Rights Act, along with performers’ rights, film producers’ rights (video producers’ rights), broadcasting organizations’ rights, publishers’ rights in respect of their publications, and database-producers’ rights.
Copyright and related rights are private rights by their nature, which means that they protect the personal interests of individuals who are holders of copyright and related rights.
These rights can be exercised:
Collective management of rights
Where a user uses a large number of copyrighted works and subject matters of the protection of related rights that are not specified in advance (public performances, broadcasts and rebroadcasts by means of radio, television, or other means of public communication of non-dramatic musical works or sound recordings, i.e. fixation of a performance on a phonogram), the user cannot establish contact with individual authors and holders of related rights and conclude individual copyright contracts and contracts on, for example, use of performance, for each single work. In such cases, a collective rights management association can conclude the necessary contract on behalf of the authors or holders of related rights. Based on such a contract, the association provides authorization for the use of all the works it represents (the whole repertoire), distributes the fees collected to the rights holders in line with certain distribution rules, and supervises the use of copyrighted works.
A rights holder can inform the association explicitly and in writing not to manage his rights; otherwise, it is presumed that the association manages the rights collectively (if the rights in question can be managed collectively, of course)(Art. 159 of the CRRA).
The following rights of phonogram producers have to be managed collectively:
right to remuneration for broadcasting and public communication of a phonogram;
right of rental of a phonogram;
right to remuneration for public lending of a phonogram;
right to remuneration for reproduction of a phonogram for private or other personal use (Art. 156(3) of the CRRA).
Individual management of rights
The rights that relate to an individual use of a copyrighted work (for example, publishing a specific literary work, showing or broadcasting a specific drama or other dramatic work), or a subject matter of the protection of related rights, based on a contract concluded between the rights holder and the user of the subject matter of the protection, are managed by the rights holders personally, or by their representatives. The tasks of an authorized representative can be carried out by an attorney at law, a legal person specializing in the management of copyright and related rights, or a collective rights management association.
The term “user” refers to a legal or natural person who, on the basis of its application, has been granted authorization of the use of the subject matter of the protection of related rights by a relevant collective rights management association. In its application, the user must include information on the type and circumstances of the use (for example, the manner, time period of use, place, type and surface area of the facility, etc.). The association issues to the user an authorization for the use of the subject matter of protection for the management of which it has been authorized. The authorization must include an indication of the type of rights to which it refers; manner, place and time of their use; and, where appropriate, the amount of remuneration for their use (Art. 160 of the CRRA).
Examples of users include radio and television stations, hospitality facilities (cafés, restaurants, hotels), shops etc.
*Content copied in part from the official web pages of Croatia’s State Intellectual Property Office (DZIV) with its explicit consent.