Updated: Feb 17, 2021
During a Parliamentary debate at the first reading of the draft legislation on February 4th 2021, the Croatian MPs made a clear call to implement the remuneration right for all performers. Initially, the government proposal was based on collective bargaining, which in other European countries, has proven to be an inefficient mechanism in securing performers appropriate and proportionate remuneration. Below you can see overwhelming arguments for the remuneration right from Croatian MPs during the first reading of the draft legislation.
Local performer organisations, organised a national mobilisation of performers defending their rights, where performers were given an opportunity to voice their concerns in a Parliamentary debate held in Croatia last week. In a groundbreaking effort to defend their rights, dozens of performers made their case in front of Croatian MPs, strongly arguing in favour of the remuneration right to be collectively managed.
This led to Croatian MPs putting forward overwhelming arguments in favour of the remuneration right during the first reading of the draft legislation. In response to this debate, The Croatian Ministry of Culture will ask their officials to look for legal solutions that will grant performers appropriate and proportionate remuneration.
Parliamentary Debate – Croatian Copyright and Related Rights Act – first reading -
Zagreb, Croatian Parliament session – 4th February 2021:
Sabina Glasovac (Social Democratic Party) "If there are three rights in each recording (authors' right, performers' right and right of phonogram producers), then I do not have to be an expert in copyright law to understand that something is wrong if recordings are used on Internet, if the remuneration is paid for those three rights, but one group of right-owners has none of it. Then it does not mean fair remuneration for all three rights, but the domination of one related right over another, and that is not the intention of the EU Directive. ….. It seems to me that we have not transposed the principles of the Directive in terms of appropriate remuneration for certain rights. We have also not ensured mechanisms to reach the principles of the directive."
Prof. dr. sc. Damir Bakić (Green-left coalition) "As far as musicians are concerned, we support a model in which the law would stipulate that a certain part of the remuneration must be unwaivable, and that phonogram producers should pay that unwaivable part of the money collected from the platform to a collective organization for the protection of performers' rights."
Dr. sc. Marija Selak Raspudić (MOST – Bridge of independent lists) "Performers are in a particularly unenviable situation because, unlike authors and phonogram producers, they cannot charge for their work. We don't recognize that performers are largely meritorious for a particular song, but we still recognize discographers, whose way of working has changed a lot and who no longer have that many costs, as equally valuable, moreover as deceisive in exercising the rights to a particular recording. And this is, where our joint effort of something we have historically inherited as discrimination is needed, to re-evaluate all values and to put things in their place."
Dr. sc. Miroslav Škoro (DP - Homeland movement) "We must come to the point that with a fair distribution, but a truly fair distribution, that is, a redistribution, the resources that exist reach those that they have to get, because their talent, their blood, their tears and their ability are on that recording. ….. I am convinced that we will find a model to comply with what is imposed by itself, and that is that this type of the right is protected in the collective management system, and that is the way to go to solve those rights."
Željko Pavić (Social Democratic Party) "Despite all efforts, it is obvious that the right and proper solution has not yet been reached, and that it still has to be worked on, because problems have been inherited from the time of analogue recordings, which are even more complex in the digital age."
Davor Dretar (DP - Homeland movement) "In the digital world, authors 'revenues have fallen sharply, discographers' revenues have drastically increased, and performers have dropped out of the distribution, or have been incorporated into the producers' fee. The only realistic and feasible solution is rebalancing through collective management, and this is no precedent because collective management is usually implemented when it comes to mass usage of the recordings."
Vesna Bedeković (Croatian Democratic union – ruling party) "Through the discussion, it became clear, so the Parliamentary HDZ Club joins, that special attention should be paid to the part of the law that regulates the relationship between the phonogram producers and performers regarding the achievement of fair and appropriate remuneration."
Minister dr.sc. Nina Obuljen Koržinek (Croatian Democratic union – ruling party) "The need to find a balance between the various right holders was emphasized, as well as fair remuneration, where there is a general view that it has not been achieved so far."
Performers and CMOs in Croatia are now awaiting the second reading of the draft legislation to see whether the government has amended it to include an unwaivable remuneration right managed by CMOs.
If you would like to read more about the situation for European performers, you can find more material on this blog or our website: https://www.payperformers.eu/facts-figures