HOW DO I APPLY TO ZAPRAF?
ZAPRAF manages and protects phonogram producers’ rights on the basis of power of attorney, whereby phonogram producers entrust ZAPRAF with the management and protection of their rights. A completed power-of-attorney form can be submitted to ZAPRAF in person or by post.
SHOULD THE POWER OF ATTORNEY BE ACCOMPANIED BY OTHER DOCUMENTATION?
In addition to the power of attorney, the applicant should submit to ZAPRAF other relevant data, such as an excerpt from the court register, an excerpt from the register of sole traders and similar documents specifying their activity, thus demonstrating that the applicant is a publisher or producer of sound recordings.
Furthermore, the applicant should submit data on phonograms it claims ownership of, and proof that the phonograms are commercial and published legally (whether in physical or digital format).
CAN A NATURAL PERSON GIVE POWER OF ATTORNEY TO ZAPRAF?
A natural person can give power of attorney to ZAPRAF. A phonogram producer is a natural or a legal person who takes the initiative and has the responsibility for the first fixation of the sounds of a performance, or of other sounds, or of the representations of sounds.
WHEN WILL ZAPRAF BEGIN PROTECTING MY RIGHTS?
ZAPRAF protects the phonogram producer’s rights as of the date of the signed power of attorney.
WHEN WILL I RECEIVE REMUNERATION FOR THE USE OF PHONOGRAMS I OWN?
The distribution of remuneration is effected once annually, around the middle of the current year for the previous collection year, after all the data on the use of sound recordings by broadcasting stations have been collected and processed.
IS THERE A DEADLINE FOR REGISTRATION OF A RELEASE?
The final distribution of remuneration for the previous year will include all Croatian phonograms registered by 15th March of the current year.
The deadline for registration of foreign releases is 1st March of the current year.
WHAT KIND OF REPERTOIRE IS PROTECTED BY ZAPRAF?
ZAPRAF protects the entire global repertoire, and the remuneration is distributed on the basis of editions properly registered in ZAPRAF’s database.
HOW CAN I ACCESS ZAPRAF’S DATABASE?
Once you have given us your power of attorney, ZAPRAF’s staff will send you user data for ZAPRAF’s database, which will allow you to register all your releases in a single place.
HOW CAN I REGISTER A RECORDING IN ZAPRAF’S DATABASE?
A phonogram (recording) can be registered in the database by entering relevant data into an Excel form, or by entering data directly into the database. The recording can be registered only by the phonogram producer who published it, or who holds power of attorney from the original phonogram producer.
All applications and queries relating to the database should be sent by email to: firstname.lastname@example.org.
WHAT IS AN ISRC?
ISRC (International Standard Recording Code) is the international system for the identification of sound recordings and video recordings. ISRC is a free-of-charge method that ensures unique and permanent identification of music tracks and music videos. ISRC helps prevent ambiguity and simplifies the management of rights when recordings are used in several different formats, distribution channels or products. ISRC remains a fixed point of reference when a recording is used by various services, across borders and in various licensing agreements.
DOES ZAPRAF ISSUE ISRCs?
ZAPRAF does not issue ISRCs. This is done by the International Federation of the Phonographic Industry (IFPI).
WHAT IS AN INCOMPLETE APPLICATION?
Applications that do not contain clear indication of ownership of recordings, and those that do not contain key information necessary to register phonograms, will not be processed before all the mandatory data are submitted.
HOW CAN I REGISTER A RECORDING THAT HAS ONLY BEEN RELEASED FOR DIGITAL SALE?
If a recording is released for sale through legal music services, the application should be accompanied by a screenshot of the recording in question, demonstrating that the recording is a commercial phonogram, i.e. that it has been released for internet sale.
A single recording is registered in the same way as an album, and marked as a single where type of album is selected. The word ‘single’ is not to be entered with the title of the album.
HOW CAN I REGISTER A COMPILATION?
The documentation necessary to register compilations is the same as for regular releases: completed application form, sound carrier, and/or copy of the album cover.
If the submitted application form, and the album cover, do not state clearly who the owners of individual tracks are, the application will not be processed, nor entered into the database, until all the mandatory data are submitted and complete.
SHOULD I REGISTER A TV SPOT OR A CONCERT?
The application for registering a TV spot should be submitted with a list of spots and music used in it. If there is both a live and a studio recording, it is important to make a distinction between them, since the owners of those recordings can be different.
All the TV recordings will be visible in the database, but it will be impossible to mark their ownership until proof is submitted that they are commercial phonograms.
WHAT ABOUT PROMO RECORDINGS?
Promo recordings are not entitled to remuneration until the moment when the phonogram is released as a commercial phonogram.
If a promo recording and a commercial phonogram are used during the same calendar year, the remuneration will be calculated for the rights holder as if the commercial recording had been released at the beginning of the year, subject to the correct application having been entered into the database.
This principle will not apply if the promo recording was released in one year and became commercial in the next.
WHAT CAN I DO IF MY RECORDING SHOWS OWNERSHIP BY ANOTHER RECORD COMPANY?
If the phonogram in question has already been registered in ZAPRAF’s database by a different rights holder, ZAPRAF staff will inform the subsequent applicant about a possible conflict, and invite him to submit proof of ownership, or possession of rights and authorizations for the said phonogram.
WHAT IF BOTH PARTIES SUBMIT PROOF OF OWNERSHIP FOR A RECORDING?
Disputes will be resolved primarily through mutual agreement and communication. The opposing parties will inform ZAPRAF staff about the agreement they have reached.
If a dispute cannot be resolved by mutual agreement, with a view to resolving the dispute concerning ownership of recordings, ZAPRAF will organize a meeting with the opposing parties. On that occasion, a Dispute Mediation Commission will be appointed by ZAPRAF’s managing director.
IS THE SAME POWER OF ATTORNEY VALID FOR THE WHOLE DURATION OF THE RIGHTS, OR SHOULD IT BE RENEWED EVERY YEAR?
The power of attorney is valid for the whole period of duration of the rights, and its renewal is not needed.
CAN I REVOKE MY POWER OF ATTORNEY GRANTED TO ZAPRAF ?
Power-of-attorney providers can revoke their power of attorney, that is, the protection, at any time, but the revocation will enter into force on 1st January of the following year, unless ZAPRAF and the power-of-attorney provider explicitly, and in advance, agree otherwise.