Collective Management of Rights
In case of using a large number of copyright works and subject matters of related rights, which is not determined in advance (public performances, broadcasting and re-broadcasting by means of radio or television or other communication to the public of non-stage musical works or sound recording or fixation of a performance to a phonogram), the user of a work cannot enter into contact with authors, or subjects of protection of related rights individually, and conclude individual copyright contracts or e.g. contracts on the use of a performance for each and every work. In such a case, the relevant contract may be concluded in the manner that instead of authors or holders of related rights, the contract is concluded by a collective rights management association. According to such a contract, the association shall grant authorizations for the use of all the works that it represents (the whole repertoire), distribute remunerations as collected among right holders, according to particular distribution rules, and control the use of the work.
The development of the system of collective management of rights has soon caused that, first, the collective management organizations (associations) in a certain country started representing all the right holders of a particular category, and then, started to enter into relationship with related organizations in various countries through contracts on mutual representation. By integrating into the world related associations (e.g. CISAC for the societies for the protection of musical, literary and visual rights), all of them are finally integrated into global, transnational associations.
The result of all that is the establishment in all the modern countries, either on the legislation or factual level, of a system characterized by the following essential features:
- as a rule, in one country, only one association manages rights collectively for all the members of one group of right holders;
- such an association manages the rights not only of domestic right holders, but also of all the foreign ones.
Therefore, the subject matter of protection, as regards the users, is logically not the works listed individually, but as the whole world repertoire.
According to the Copyright and Related Rights Act, collective management of rights in Croatia may be carried out by an association of right holders, which has the authorization for carrying out such an activity, granted by the State Intellectual Property Office. The Office may grant the authorization for carrying out such an activity to only one association for a particular category of right holders, namely, to the one which has the largest number of members based on the received powers of attorney, together with the appropriate number of contracts on mutual representation concluded with foreign associations. The association may manage one, two or more categories of rights which, as a rule, concern a particular category of holders of copyright or related rights, respectively.
The request for granting the authorization to perform the activity of collective management of copyright or related rights may be submitted electronically, and the form filled in and accompanied by supporting documents is to be delivered to the e-mail address: firstname.lastname@example.org.
The collective management of copyright and related rights is carried out in the territory of the Republic of Croatia by:
- Croatian Composers’ Society HDS ZAMP, Zagreb, Heinzelova 62a - carries out the activity of collective management of authors’ musical rights,
- Croatian Association for the Protection of Performers’ Rights HUZIP, Zagreb, Brozova 8a - carries out the activity of the collective management of the rights of performers,
- Association for Protection, Collection and Distribution of Phonogram Producers’ Rights ZAPRAF, Zagreb, Ulica kneza Borne 5 - carries out the activity of collective management of the rights of phonogram producers,
- Croatian Film Director’s Guild DHFR, Zagreb, Nova ves 18 - carries out the activity of collective management of copyright in audio-visual works and rights of film directors,
- Association for the Protection of Publishers’ Rights ZANA, Zagreb, Amruševa 10 - carries out the activity of collective management of the rights of publishers to remuneration for reproduction for private use,
- Croatian Writers’ Association DHK, Zagreb, Trg bana Josipa Jelačića 7/I - carries out the activity of collective management of the public lending rights, carries out the activity of collective management of the rights of authors to remuneration for reproduction for private use (reprography), and
- Society for the Protection of Journalists’ Copyright DZNAP, Zagreb, Perkovčeva 2 - carries out the activity of collective management of the rights of journalists in press clipping services and the Internet portals.