• 23.05.2022

Below you can find the list of all collectively managed rights, which are included in the new power of attorney form, along with a short explanation. Please take into account that the rights listed under a), b), e), g), j), k), m) and n) were already included in the previous HUZIP's power of attorney, albeit under different designations.
Furthermore, the asterisks mark the rights that must be, on a mandatory basis, exercised by collective management organizations (one *), and those that may, except through the collective management organization, also be exercised individually (two **).

 

  1. the right of broadcasting, including broadcasting by satellite (Art. 42 CRRA) *
    pertains to the broadcasting of recorded performances on terrestrial and satellite radio and TV channels (does not include cable or Internet)
  2. the right of retransmission, including the right of cable retransmission (Art. 44 CRRA) *
    pertains to simultaneous broadcasting on several different radio and/or TV channels, as well as broadcasting of recorded performances via cable operators or platforms (MaxTV, A1 and similar)
  3. the right of direct injection (Art. 45 CRRA) *
    pertains to broadcasting of recorded performances on radio and TV channels that broadcast program exclusively via cable operators or platforms (i.e. there is no separate terrestrial broadcast)
  4. the right of reproduction and communication to the public, including an act of making available to the public, within the ancillary online service (Art. 48 CRRA) *
    pertains to broadcasting of recorded performances on special internet platforms on which radio and TV channels make their contents available to the public either simultaneously or as catch-up services (e.g. HRTi, RTL Play and similar), but linked to primary broadcasting of television and radio
  5. the right of public communication of a fixed performance (Art. 40 CRRA) **
    pertains to any use of recorded performances in public areas (e.g. hospitality facilities, hotels, commercial and other business premises and similar)
  6. the right of public communication of broadcasting, retransmission, direct injection and making available to the public (Art. 47 CRRA) **
    pertains to the use of recorded performances in the manner that terrestrial or cable broadcasting of radio and TV channels are used in public areas or that recorded performances are used from the Internet
  7. the right of making available to the public (Art. 46 CRRA) **
    pertains to the use of recorded performances on the Internet
  8. the right of communication to the public, including an act of making available to the public, by providing the public with access to the performances uploaded by users on online content-sharing platforms (Art. 50 CRRA) **
    pertains to the use of recorded performances on online platforms that host user-uploaded content (e.g. Youtube, Facebook and similar)
  9. the right of reproduction, in relation to the right of making available to the public, (Art. 149 para. 4 CRRA) **
    pertains to the reproduction of a recorded performance for the purpose of its use online
  10. the right of remuneration for rental referred to in Article 135 paragraph 2 CRRA *
    pertains to renting of recorded performances (this right has so far not taken root in the Republic of Croatia)
  11. the right of remuneration for public lending referred to in Article 135 paragraph 1 CRRA *
    pertains to lending of recorded performances (this right has so far not taken root in the Republic of Croatia, in the case of music repertoire)
  12. the right of reproduction, distribution, communication to the public, including an act of making available to the public, for the benefit of cultural heritage institutions and for non-commercial purposes, of out-of-commerce performances within the meaning of Article 17 CRRA, which are a permanent part of a collection of a cultural heritage institution *
    pertains to the right of remuneration from cultural heritage institutions (public archives, public libraries, audiovisual institutions and similar), when they reproduce and communicate to the public recorded performances, which are a permanent part of their collections, but are not available on the market
  13. the right of annual supplementary remuneration referred to in Article 147 CRRA *
    pertains to the remuneration to be paid by phonogram producers (for performers of old recordings created after 1963, who have received a one-off fee for the recording) in the amount of 20% of income achieved (by physical sales or online) from those recordings in the case of their reissuing 
  14. the right of remuneration for reproduction for private use referred to in Article 185 paragraph 1 CRRA *
    pertains to the remuneration collected from imports and/or sale of devices used for private copying of recorded performances (e.g. audio recorders, USB memory sticks, mobile phones and similar)
  15. the right of further use of ephemeral recordings referred to in Article 190 paragraph 3 CRRA *
    pertains to the reuse of recorded performances recorded by radio and TV channels for the purpose of own broadcasting (e.g. repeating the broadcasting of a live performance in radio and/or TV studio)
  16. the right of remuneration for reproduction and distribution of a performance by using the limitation of performers' rights related to collections referred to in Article 197 paragraph 1 CRRA *
    pertains to the remuneration in the case when the recorded performances are included in collections that are, according to their contents and systematization, exclusively intended for teaching or scientific research (e.g. CD attached to a music education text-book)

 

The power of attorney form also contains the authorization for exercising individual rights of performers (reproduction for use in jukeboxes and by DJs), in the same manner as in the previous power of attorney form.

Should you need any further clarification, please contact our legal department at 01/3033 604.