CROATIA Law and Practice Contributed by: Lovro Badžim, Badžim Law Practice
tion, parody, and the lawful use of daily news. Distri - bution rights are exhausted after the first lawful sale of a copy. Databases are protected under a dual regime. Original databases are protected by copyright as to their struc - ture, while non-original databases may benefit from a sui generis right if substantial investment was made in compiling them. In sport, this is particularly relevant for match statistics, league tables, and player data - bases, while recordings of sports events are protected either by copyright (where creative choices exist) or by related rights held by producers and broadcasters. 5.3 Recognising Personality/Image Rights Croatian law clearly protects image, name, and like - ness – often described as “NIL rights” – as part of the broader system of personality rights. This protection is entirely statutory and rooted in codified national and EU law, not in common law doctrines. At its core is constitutional protection of personal integrity, which extends to a person’s image, name, and likeness. This framework is developed further through several statutes. Media law generally prohib - its the use of a person’s image without consent, sub - ject to narrow exceptions such as genuine reporting in the public interest. Civil law treats image and likeness as non-pecuniary personality rights, giving individu - als the right to seek injunctions, damages, and other remedies if those rights are infringed. In more serious cases, unauthorised use may also amount to a crimi - nal offence against privacy. Copyright law overlaps with, but does not override, these protections. Even where a photographer or broadcaster owns copyright in an image or record - ing, its use must still respect the personality rights of the person depicted. Ownership of the work does not automatically permit commercial exploitation of someone’s likeness. Croatian courts consistently regard image, name, and likeness as absolute rights. They may prohibit further use, award compensation, and, in certain cases, allow close relatives to enforce protection for a limited period after death. At the same time, the law recog - nises clear limits: use without consent is allowed for
legitimate journalistic reporting, satire, or caricature, and claims for non-pecuniary damage are subject to limitation periods. In sport, these rules have particular significance. Ath - letes may appear freely in news coverage of com - petitions, but any commercial or promotional use of their image, name, or likeness – such as advertising, sponsorships, or merchandise – requires explicit authorisation. Unauthorised commercial exploitation can therefore give rise to civil claims and injunctions under Croatian law. 5.4 Protecting Personality/Image Rights In Croatia, athletes’ image, name, and likeness (NIL rights) are protected primarily through statutory law rather than common law doctrines. Protection is root - ed in personality rights, copyright-related rules, and specific provisions of sports and media legislation, making the system codified rather than judge-made. While Croatian law does not recognise passing off as a standalone doctrine, similar protection exists through rules on misleading commercial practices and unfair competition. Businesses that falsely imply an athlete’s endorsement or exploit an athlete’s repu - tation for commercial gain without consent may be ordered to stop such practices and pay damages. In this way, courts effectively protect the commercial value of an athlete’s image, similar to the concept of a right of publicity. Enforcement typically starts with a cease-and-desist letter, followed by civil proceedings before ordinary or commercial courts, with interim measures avail - able if needed. Limits apply where images are used for genuine journalistic reporting in the public interest, and contractual transfers of image rights to clubs or sponsors may affect enforcement. Overall, the Croa - tian framework – closely aligned with EU law – pro - vides robust statutory protection of athletes’ NIL rights in both personal and commercial contexts. 5.5 Licensing In Croatia, intellectual property in sport is most often exploited through licensing. Sports organisations, clubs, and athletes can grant third parties the right to use their IP – such as trade marks, media content, or
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