Eurovision DSM contest
The updated law on copyright and related rights implementing the provisions of the DSM directive was published on 14 October and entered into force on 22 October 2021
The government set up a stakeholder working group with no civil society representatives apart from libraries, in 2019, to discuss the implementation. A successful public consultation was held in 2020, with more than 700 submissions received (all published afterwards). During the consultation period, the government also held a virtual public event to present the bill. A second draft was then prepared, but did not reflect most of the civil society feedback. The final draft was adopted by the Croatian Parliament at its session on the 1st of October 2021 and was published in the official journal on the 14th of October 2021.
The Croatian implementation of Article 17 largely restates the text of the Directive. As such it does not contain any ex-ante safeguards for users rights or additional transparency provisions. It also does not narrow down the definition of platforms affected by these rules. In addition to what is contained in the text of the directive the Croatian implementation provides that contracts between OCSSPs and authors must be fair and maintain a reasonable balance between both parties, and authors should receive appropriate compensation for the use of their works.
The Croatian implementation subjects the education exception to license availability for materials primarily intended for the education markets. Article 14 has been explicitly transposed as an addition to the list of unprotected creations in Article 18 of the Act. The scope of publishers right is limited in a way that it does not apply to individual users who use information publications and their parts for private and non-commercial purposes, hyperlinking actions, uses of individual words or very short clips. However, it does not exclude uses permitted by copyright exceptions, uses permitted by a nonexclusive license, use of public domain works, use of mere facts, nor blogs.
Nothing to be seen here
The updated law on Copyright and related rights implementing the provisions of the DSM directive was published on 14 October and entered into force on 22 October 2021. This made Croatia the 5th Member state to fully implement the DSM directive. The national implementation was done by way of ordinary legislative procedure including a complete consultation process, but the civil society contributions were practically ignored.
Before starting the drafting process the government formed a stakeholder working group (with no civil society representatives apart from libraries). A first draft of the law was subject to a public consultation, following which the government drafted a second proposal. Despite receiving over 700 comments during the consultation period, including from civil society organizations, many provisions that protect user rights remained unchanged between the first and second draft laws proposal. The Implementation of Article 17, for example, does not contain any ex-ante safeguards for users rights or additional transparency provisions, and it does not narrow down the definition of platforms affected by these rules. As part of the transposition, the already existing exception allowing uses of works for the purposes of caricature and parody has been expanded to include pastiches.
For more information please see our implementation tracking page for Croatia.
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