CroatiaZakon o autorskom pravu i srodnim pravima (Copyright and Related Rights Act), Articles 50 to 53, Online Content-Sharing Service Providers
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Licensing, Disclosure
As of .
What it requires
- Obtain the author's authorization for giving the public access to works your users upload, or be able to prove the conditions that avoid liability: best efforts to obtain authorization, best efforts to keep unavailable the works for which authors gave you relevant and necessary information, and prompt action on a sufficiently substantiated notice, with best efforts to prevent re-upload.
- If your service has been available in the European Union for under three years and your annual turnover is under EUR 10 million, show only best efforts to obtain authorization and prompt action on a substantiated notice; once your average monthly users exceed five million, also show best efforts to prevent further uploads of reported works.
- On an author's request, give adequate information on how your practices work, and, if you have a contract with the author, information on the use of the works it covers.
- Do not let cooperation with authors make unavailable user-uploaded works that infringe no copyright, tell users in your terms and conditions about the permitted uses under the copyright exceptions, and do not identify individual users or process their personal data except as the data protection rules allow.
- Set up effective and expeditious complaint and redress procedures for users, resolve complaints immediately on receipt, and have a person review each decision to disable access to or remove an uploaded work.
What this law does
Article 50(1) of the Copyright and Related Rights Act treats giving the public access to works uploaded by users of online content-sharing platforms as communication to the public, which the author may authorize or prohibit.
Article 50(3) excludes non-profit online encyclopedias, educational and scientific repositories, open-source software platforms, electronic communications providers, online retail shops, business-to-business cloud services and personal cloud storage services from the definition of an online content-sharing service provider.
Article 50(4) requires the provider to obtain the author's authorization for giving the public access to works users upload, and the authorization covers users who do not act on a commercial basis or do not earn significant revenue. Article 50(9) disapplies the hosting liability limitation in Article 18(1) of the Electronic Commerce Act to such a provider.
Article 51(1) makes the provider liable for unauthorized communication to the public unless it proves it made best efforts to obtain authorization, made best efforts under high industry standards of professional diligence to make unavailable the works for which authors gave it relevant and necessary information, and acted expeditiously on a sufficiently substantiated notice to disable access or remove the works and made best efforts to prevent their future upload.
Article 51(3) limits a new provider that has been available in the European Union for less than three years and has annual turnover under EUR 10 million to showing best efforts to obtain authorization and acting expeditiously on a substantiated notice. Article 51(4) adds, for such a provider whose average monthly users exceed five million in the previous calendar year, the burden of proving best efforts to prevent further uploads of reported works.
Article 51(8) requires the provider to give the author, on request, adequate information on how its practices work. Article 52(1) bars cooperation with authors from making unavailable user-uploaded works that infringe no copyright or are used under a statutory exception, and Article 52(2) bars any general monitoring obligation. Article 52(4) requires the provider to tell users in its terms and conditions about the possibilities of using works under the copyright exceptions.
Article 53 requires the provider to set up effective and expeditious complaint and redress procedures for users, to resolve complaints immediately on receipt, and to subject decisions to disable access or remove uploaded works to human review. Article 315 brought the Act into force on the eighth day after its publication, except Article 69 and two other provisions.
When LexLint raises it
When your app profile says your app operates a social platform.