This activity may be carried out by a collective management organization (CMO) and an independent management entity (IME).
FREEDOM OF BUSINESS ESTABLISHMENT
If you have a CMO (a non-profit organization that belongs or is controlled by its members – right holders, and that is engaged in the collective management of rights as its main or sole activity) or an IME (a profit-based organization that does not belong to its members nor is it controlled by them but is engaged in the collective management of rights as its main or sole activity), as a legal entity, you can provide services of collective management of copyright and related rights on a permanent basis in Croatia, upon registration of business establishment and fulfilment of the following requirements:
- Prior authorization by the State Intellectual Property Office (hereinafter: the Office) is required to perform the activity;
- this requirement shall apply to a CMO with a residence or a business establishment in Croatia or another state of the EU and to an IME with a residence or a business establishment in Croatia;
- The Office shall issue an authorization on request of a CMO or on request of an IME under this point if a CMO or an IME has adequate material and human resources to perform the activity of collective management of rights, which includes: business premises with appropriate information and communication equipment to perform the activity of collective management of rights and specialist service to perform legal and financial affairs, employing minimum one person with a university law degree and minimum two years of professional experience in the activities of managing copyright and related rights, with knowledge of English, French or German, and minimum one person qualified to meet the regulations for accounting, with minimum two years of professional experience in the activities of organizing and keeping accounts (exceptionally, legal and accounting tasks can be entrusted by a written contract to an attorney or a legal person registered to perform the accounting activity, if they meet other presumptions given for a specialist service).
- the Office shall grant the authorization to one CMO only for an individual type of rights and an individual category of right holders (the Office shall take into account the number of members based on the powers of attorney received, the number of contracts on mutual representation concluded with a CMO in other states as well as other circumstances indicating the fact that this CMO would be the most efficient one in performing the activities of collective management of rights).
- the Office shall grant the authorization to the IME with a residence or a business establishment in Croatia, which provides appropriate written evidence in the form of a contract or power of attorney (evidence shall relate to the fact that the IME represents certain right holders in terms of a specific right, category of rights and type of work or subject-matter of related rights), which explicitly notified in writing the CMO authorized by the Office not to manage their rights, namely for a certain type of rights not managed exclusively through the system of mandatory collective management of rights.
- the IME with a residence or a business establishment in another Member State of the EU may perform the activity of collective management of rights in Croatia if, under the law of the state in which it has a residence or business establishment, it may perform the activity of collective management of rights and it submitted a prior written notification with the Office on its intention to perform the activity of collective management of rights in Croatia by classical mail or to e-kolektivna@dziv.hr in which it shall indicate all the information on its right holders, including the information on the rights, categories of rights, types of works or subject-matter of related rights it intends to manage for these right holders based on powers of attorney received.
The request for the authorization to perform the activity of collective management of copyright or related rights submitted by the CMO with a residence or business establishment in Croatia or another Member State of the EU as well as the IME with a residence or business establishment in Croatia shall be submitted by regular mail or to the e-mail address: e-kolektivna@dziv.hr, with the following documentation:
- evidence of the legal form of a CMO or IME, including the information on a registered activity and office address;
- Statute of a legal person;
- general rules on the distribution of amounts due to right holders and all the other internal rules of the CMO or IME such as membership terms, contract forms on giving approval to use the subject-matter of protection, price lists, general rule on the costs of managing the rights, general rule on deductions from the rights revenue and the revenue arising from investing the rights revenue, general rules on using non-distributable amounts (only for CMO) etc.;
- list of persons running the CMO or IME;
- membership terms and the termination terms of the rights management;
- list of members based on the powers of attorney received (for CMO and IME);
- list of contract on mutual representation concluded with other (foreign) collective management organizations (for CMOs);
- written statement by a responsible person (substantiated by corresponding information) indicating that the CMO or IME has adequate material and human resources to perform the activity of collective management of rights;
- written statement (substantiated by corresponding information) indicating that the CMO intending to grant multi-territorial licenses for online rights in copyright musical works has sufficient capacity for electronical processing of data needed for granting such licenses, identifying the repertoire and monitoring its use, invoicing users, collecting rights revenue and distributing amounts due to right holder (for CMOs);
- evidence of qualification degree, of adequate professional experience and knowledge of foreign languages for the person responsible for legal affairs of managing the rights (for CMO and IME);
- evidence of meeting the regulations for keeping accounts and of adequate professional experience for the person responsible for financial affairs of managing the rights (for CMO and IME);
- evidence of payment of the procedural costs of examining the request for the grant of authorization to perform the activity of collective management of copyright or related rights (for CMO and IME).
Fees
EUR 53.09 for the procedural costs of examining the request for the authorization
Payment by internet banking:
IBAN: HR1210010051863000160
Model: HR 63
Reference number: 5681-6179-610003
Purpose of payment: Fee for the grant of authorization – collective management of copyright and related rights
Recipient: State Budget
Application
e-kolektivna@dziv.hr (for sending photographed or scanned documentation; with signature and without stamp)
Competent authority and regulations
State Intellectual Property Office
Ulica grada Vukovara 78, 10 000 Zagreb
+385 1 6109 825
info@dziv.hr
Copyright and Related Rights Act (OG 111/21)
Regulations on Issuing Authorizations for Performing Collective Management of Rights (OG 38/22)
Act on the Fees in the Field of Intellectual Property (OG 66/21)
Regulation on Fees for Proceedings in the Field of Intellectual Property and Professional Services of the State Intellectual Property Office (OG 119/21)
Authorization
A decision granting a collective management organization or an independent management entity performance of the activity of collective management of copyright or related rights
Deadline: 30 days
Legal remedies
An appeal can be submitted within 30 days upon receipt of the decision with the Administrative Court in Zagreb, Avenija Dubrovnik 6, 10 020 Zagreb.
The Court shall decide on the claim by a judgment, and the claim of the plaintiff may be rejected or approved by the Court. The judgment of the Court shall be served on all parties to the dispute in writing or electronically and shall be dispatched within 15 days from the date of publication, and if not published, from its adoption.
Last updated on 10 January 2023
