Publishing Legislation Online Project (PLOP)

Excerpts Of Texts From Laws Relevant To The Book Sector Translated Into English

Freedom to publish

The Constitution

Art.38

Freedom of thought and expression of thought shall be guaranteed.

Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and the free establishment of all institutions of public communication.

Censorship shall be forbidden. Journalists shall have the right to freedom of reporting and access to information.

The right to correction shall be guaranteed to anyone whose constitutionally determined rights have been violated by public communication.

Preconditions for regular operation in the book sector

Company Law

An Individual Merchant

Article 3

(1) An individual merchant is any physical person independently conducting economic activities in compliance with the rules on business (crafts), duly registered in the commercial register as an individual merchant. A physical person conducting business in compliance with the rules on business (crafts) activities may demand to be registered in the commercial register as an individual merchant provided his annual income exceeds a turnover of DEM 500,000 expressed in the currency of the Republic of Croatia … such a person is bound to demand such a registration if his annual income exceeds a turnover of DEM 4,000,000 expressed in the currency of the Republic of Croatia.

(3) The status of an individual merchant is accomplished by the act of entry in the commercial register.

Obligations of publishers

Law on Libraries

Article 37

A legal or physical person publishing or producing materials from Article 38 of this Law is obligated to deliver nine deposit copies, free of charge, at their own expense and within a period of 30 days commencing from the day of publishing, copying or production to the National and University Library in Zagreb. From these, the National and University Library in Zagreb shall keep two copies and send the rest to the university libraries in Split, Rijeka, Pula and Osijek, as well as in Mostar, and to scientific libraries in Dubrovnik and Zadar.

Copyright

Authorisation of copyright by way of copyright contracts

2) The Publisher’s contract

Article 61

By way of a publisher’s contract, the author gives the authorisation to the publisher to publish the author’s work by publishing it or copying it.

The publisher is bound: to publish the work; clearly mark the name and surname of the author on each copy unless the author wants the work to remain anonymous or be marked with a pen-name; to pay a fee to the author if the work is exploited for remuneration; to undertake successful distribution of the copies; and to occasionally inform the author, at his request, about the distribution of copies.

Article 63

The publisher’s contract shall contain specifically: the volume and duration of copyright exploitation by which the author authorises the publisher; a deadline within which the publisher is bound to publish the work; and the fee.

Article 81

Copyright properties are lifelong and last for seventy years after the author’s death, …

Taxes

Article 57

(1) Value added tax at the rate of zero percent is paid on:

c) Books of professional, scientific, arts, cultural and educational contents, textbooks intended for pedagogical education for elementary, highschool and university education, published on paper or other text carriers such as papyrus, skin, canvas, textile (with the exception of CD-ROM, video cassette and audio cassette, diskette, record and similar).

Imports

Article 187, subsection 1, item 1

The following are exempted from import customs duties:

1.) Merchandise determined by international agreements which Croatia is subject to.

Textbooks

Article 5

Textbook publishing is performed according to the provisions of this law and according to the agreement established according to this law.

The agreement from subsection 1 of this Article regulates and co-ordinates issues of textbook publishing for the purpose of the realisation of educational plans and programs, which are carried out by authorised bodies and organisations.

Article 7

Textbook publishing may be performed by publishing organisations, which meet conditions regulated by this law and other acts which regulate publishing sector.

Article 28

The body authorised for the validation of textbooks may ratify parallel use of more textbooks if there is an extant ratified textbook for a related subject and educational year in a specified type of educational organisation which is required for scientific, ideological-educational, pedagogical, psychological, didactic-methodological, technical and aesthetic reasons.