Phonogram producers’ rights

A phonogram producer is a natural or 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 representations of sounds. The phonogram producer is considered to be that person whose name or company name is regularly indicated as the holder of the phonogram producer’s rights on the phonogram, until proven differently (Art. 132(2) of the CRRA).

A phonogram is the fixation of the sounds of a performance, or of other sounds, or of representations of sounds, other than in the form of fixations incorporated in audiovisual works. Within the meaning of this Article, fixation means the embodiment of sounds, or of representations of sounds, in a medium from which they can be listened to, reproduced or communicated through a device. The rights in a phonogram are not in any way limited by its incorporation in a videogram (Art. 132(1)of the CRRA).

A phonogram is the subject matter of the protection of the rights of phonogram producers.

A phonogram can be fixed in various media, such as CD, DVD, LP, digital file, etc.

 

Exclusive rights of phonogram producers refer to granting authorizations for, or prohibiting:

  • reproductions (copying) of their phonograms;

  • distribution (putting in circulation) and rental of their phonograms;

  • making their phonograms available to the public (Art. 133(1) of the CRRA).

The rights of phonogram producers can be freely disposed of, and they do not prejudice in any way the copyright and performers’ rights (Art. 133(1) of the CRRA).

 

The rights of phonogram producers relate to the remuneration:

  • for broadcasting and any other communication to the public of their phonograms for commercial purposes (Art. 135);

  • for lending of their phonograms, that is, their copies, by public libraries as intermediaries (Art. 134);

  • for each audio recording of their phonograms for private and other personal use (Art. 136).

 

The duration of phonogram producers’ rights is 70 years from the date of the first fixation of a phonogram. If the phonogram is lawfully published during this period, the rights will run for 70 years from the date of the first such publication. If the phonogram is not published during this period, but is lawfully communicated to the public, the rights shall run for 70 years from the date of the first such communication to the public (Art. 137(1) of the CRRA).

 

*Content copied in part from the official web pages of Croatia’s State Intellectual Property Office (DZIV) with its explicit consent.