Highly disputed charges of using copyrighted music in Croatia

01 ožujak 2012

Non-transparent current method of collection of music copyrights is illegitimate, unconstitutional that damages the interests of Croatian musicians, and that favors the creation of monopolies and leaves a general impression of total corruption. Therefore several Croatian NGOs decided to contact the relevant state authorities in the country, organizations abroad, and will start of legal proceedings for most notorious cases of violations of the Croatian legal norms.

Recent procedure by Croatian minister of tourism to cut for 50% existing charges to Croatian Composers' Society, Collecting Society (ZAMP) attracted the attention to one of the so-called parafiscal taxes that affects each of us - that as users of telecommunications services (part of the RTV fee goes ZAMP-in, part of the price you pay for radio and TV stations also goes to ZAMP, part of the price charges cable operators also finishes in ZAMP-in) a part ZAMP pick up again when the citizens go in a coffee shop, on the stadium, wedding, graduation parties, when shopping in a market center, etc., etc.

Of course, none of that decline to say anything against the same collection of music copyrights. They are the undisputed property of the author that with them, have the right to do as they wish: they can sell at what price they want. The problem starts only when all the current model of charging duties ZAMP-to-serve the kind of such analysis and seeks to observe through the prism of competitiveness, equity, transparency and treatment in accordance with Croatian law and directives made by the European Union.

ZAMP (Croatian Composers' Society, Collecting Society) is para-state organization that deals with the protection of copyright (if they are, for example, your children to record the CD in the garage, you will get permission ZAMP, and you will pay). ZAMP is also a monopolistic organization, as the protection of music rights of anyone else is not allowed to engage in the Republic of Croatia. ZAMP is a natural community of interest around which is gathered large number of private companies. ZAMP and control organization has in some matters de facto the authority of state inspection.

ZAMP charges their fees differently in every single case. The only rule is that there are no rules in Croatia and there is no price for the individual listening to music, which would then be multiplied with the number of listeners. A preliminary report on release of music in some restaurants during 2011 and 2012 and payment of copyright are will be sent to the competent institutions in the country and abroad. However, there are other examples: the large number of fees for the use of musical copyrights with the preferred events, concerts, weddings, etc. ZAMP never collected. What are the authors of the damaged and how many are they, nobody knows, not even ZAMP. In any case, by our deep conviction of this mode of operation requires a serious engagement of the state of services in Croatia, as well as guidance by European authorized institutions to help Croatia to implement European practice of transparency and legality.

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