Commons:Copyright rules by territory/Croatia
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Copyright rules: Croatia Shortcut: COM:CROATIA | |
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| Durations | |
|---|---|
| Standard | Life + 70 years |
| Anonymous | Publish + 70 years |
| Audiovisual | Life + 70 years |
| Other | |
| Freedom of panorama | Yes |
| Terms run to year end | Yes |
| Common licence tags |
{{PD-Croatia-exempt}} {{PD-Croatia}} |
| ISO 3166-1 alpha-3 | HRV |
| Treaties | |
| Berne convention | 8 October 1991 |
| WTO member | 30 November 2000 |
| URAA restoration date* | 1 January 1996 |
| WIPO treaty | 6 March 2002 |
| *A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1926 and protected in the country of origin on the URAA date. | |
This page provides an overview of copyright rules of Croatia relevant to uploading works into Wikimedia Commons. Note that any work originating in Croatia must be in the public domain, or available under a free license, in both Croatia and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Croatia, refer to the relevant laws for clarification.
Background
Croatia was part of Austria-Hungary for many years, then from 1918 became part of the newly-formed Kingdom of Serbs, Croats and Slovenes, renamed Yugoslavia in 1929. Croatia became independent of Yugoslavia on 8 October 1991.
Croatia has been a member of the Berne Convention since independence on 8 October 1991 by virtue of succession from the former Yugoslavia. Notification of succession was given on 28 July 1992.[1] Croatia has belonged to the World Trade Organization since 30 November 2000 and the WIPO Copyright Treaty since 6 March 2002.[2]
As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Related Rights Act and Acts on Amendments to the Copyright and Related Rights Act (OG Nos. 167/2003, 79/2007, 80/2011, 141/2013 and 127/2014) as the main IP law enacted by the legislature of Croatia.[2] WIPO holds the text of these acts in their WIPO Lex database. Note that the text is not consolidated, but provides the text of the original 2003 act followed by the text of each of the amending acts.[3]
The 2003 Act replaced the 1991 Copyright Act.[4] This in turn replaced the 1978 Yugoslav Copyright Act.[5]
General rules
Based on the Copyright and Related Rights Act amended up to 127/2014,
- Copyright shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully released, unless otherwise provided by this Act.[127/2014 Article 99]
- If the co-authors ... are the holders of joint copyright in the created work, the term referred to in Article 99 of this Act shall be calculated from the death of last surviving co-author.[127/2014 Article 100(1)]
- For audiovisual works, the term referred to in Article 99 of this Act shall be calculated from the death of the last of the following persons to survive: the principal director, the author of the screen play, the author of the dialogue, and the composer of music specifically created for use in the audiovisual work.[127/2014 Article 100(2)]
- Copyright in anonymous works shall run for 70 years after the work has been lawfully disclosed. If the author discloses his identity during such period, the term of protection set out in Article 99 of this Act shall apply.[127/2014 Article 101]
- Copyright in pseudonymous works shall run for 70 years after the work is lawfully disclosed. Where a pseudonym leaves no doubt as to the identity of the author, the term of protection set out in Article 99 of this Act shall apply.[127/2014 Article 102]
- Where the term of protection is not calculated from the death of the author, and where the work has not been lawfully disclosed, the copyright shall expire upon the expiration of a period of 70 years from the creation of the work.[127/2014 Article 104]
- Terms of copyright laid down in this Act shall be calculated from the first day of January of the year following the year in which the relevant event has occurred.[127/2014 Article 105]
Former durations
A Croatian work is in the public domain under the Yugoslav Copyright Act of 1978 and the succeeding Croatian Copyright Act of 1991 if it entered the public domain on or before 27 July 1999, when the law was changed. These acts provided for a copyright term of the life of the author plus fifty years, or of 25 years for a photograph or a work of applied art. The work must meet one of the following criteria:
- It is a work of known authorship and the author died before 1 January 1949
- Is an anonymous work published before 1 January 1949
- It is a photograph or a work of applied art published before 1 January 1974. However, such a work will not be in the public domain in the United States if published after 1970.
Not protected
See also: Commons:Unprotected works
Based on the Copyright and Related Rights Act amended up to 127/2014,
- The subject matter of copyright shall include expressions and not ideas, procedures, methods of operation or mathematical concepts as such.[127/2014 Article 8(1)]
- The subject matter of copyright shall not include:
- discoveries, official texts in the domain of legislation, administration, judiciary (acts, regulations, decisions, reports, minutes, judgments, standards, and the like) and other official works and their collections, disclosed for the purpose of officially informing the public;[127/2014 Article 8(2.1)]
- news of the day and other news, having the character of mere items of press information;[127/2014 Article 8(2.2)]
- Folk literary and artistic creations in their original form shall not be the subject matter of copyright, but their communication to the public is subject to the payment of remuneration, as for the communication to the public of protected copyright works. The remuneration shall be the revenue of the budget, and shall be used for improving the creativity in the field concerned.[127/2014 Article 8(3)]
- Translations of official texts in the domain of legislation, administration and judiciary, shall be protected, unless made for the purpose of officially informing the public and are disclosed as such.[127/2014 Article 6(2)]
Copyright tags
See also: Commons:Copyright tags
- {{PD-Croatia-exempt}} – for works exempt from copyright under the Croatian law.
- {{PD-Croatia}} – for works whose author died before 1949 or published before 1949 if anonymous (public domain prior to introduction of the new law in 1999).
Currency
See also: Commons:Currency
Not OK. The Croatian National Bank is the holder of all proprietary rights and copyrights on kuna banknotes and kuna and lipa coins, and their reproduction is subject to prior approval of the Croatian National Bank. See: Article 24 of the Act on the Croatian National Bank, Official Gazette 75/2007.
Freedom of panorama
See also: Commons:Freedom of panorama
OK. {{FoP-Croatia}}; in regard to architecture, for the outer appearance only.
The Copyright and Related Rights Act amended up to 127/2014 allows 2D reproductions of permanently publicly displayed works, i. e. the full Freedom of Panorama:
- It is permitted to reproduce copyrighted works permanently located on streets, squares, parks or other places accessible to public, and to distribute and communicate to the public such reproductions.[127/2014 Article 91(1)]
- Works from chapter 1 of this article cannot be reproduced in a three-dimensional form.[127/2014 Article 91(2)]
- The source and authorship must be stated, except when not possible.[127/2014 Article 91(3)]
- In the case of architectural works, the first sentence of Article 91 applies only to their outer appearance.[127/2014 Article 92]
See also
- Croatia
- Category:Croatian FOP cases
- Category:License tags of Croatia
- Category:Stamps of Croatia
- Category:Stamps of Fiume
Citations
- ↑ Berne Notification No. 141 ... Declaration by the Republic of Croatia. WIPO. Retrieved on 2020-03-31.
- ↑ a b Croatia Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-11.
- ↑ Copyright and Related Rights Act and Acts on Amendments to the Copyright and Related Rights Act (OG Nos. 167/2003, 79/2007, 80/2011, 141/2013 and 127/2014). Croatia (2015). Retrieved on 2018-11-11.
- ↑ Croatian Copyright Act of 1991 (NN 53/91 and 58/93)
- ↑ Yugoslav Copyright Act of 1978 (Zakon o autorskom pravu