- PART ONE INTRODUCTORY PROVISIONS
- PART TWO COPYRIGHT
- Section 6 Author
- Section 7 Work
- Section 8 Co-Authors´ Work
- Section 9Joint Works
- Section 10Collective Work
- Section 11Alteration and Translation of Work
- Section 12Anonymous and pseudonymous work
- Section 13The releasing and publication of work
- Section 14Country of origin of work
- Section 15Origin of copyright in a work
- Section 16Content of copyright
- Section 17Moral rights
- Section 18Economic rights
- Section 19Right to remuneration on the resale of the original work of visual arts
- Section 20Relation of copyright to rights in rem
- Section 21 Term of economic rights
- Section 22
- Section 23 Public distribution of original work or its copy after its first sale
- Limitations of economic rights
- Section 24Reproduction of a released work
- Section 25Quotation of work
- Section 26Advertising for an exhibition of works of arts or auction of works of arts
- Section 27Use of work located in public areas
- Section 28Use of works for teaching purposes
- Section 29Use of work for the needs of disabled persons
- Section 30Use of work for civil and religious ceremonies, school exhibitions and use of school work
- Section 31Use of work by a library or an archive
- Section 32Transient or incidental making of copies of work
- Section 33Use of work for information purposes
- Section 34Use of the work of a collection
- Section 35Reproduction and modification of computer program
- Section 36Decompilation of a computer program from computer code into the source language of thecomputer program
- Section 37Public exhibition of work
- Section 38
- Copyright contracts
- Licence contract
- Section 40Basic provisions
- Section 41Manner of use of work
- Section 42Scope of licence
- Section 43Exclusive licence and non-exclusive licence
- Section 44Disposition with a licence
- Section 45Remuneration
- Section 46Passing of licence and termination of licence
- Section 47Special provisions regarding the licence contract on publishing a work(
- Section 48Special provisions on mass licence contract
- Section 49Special provisions on collective licence contract
- Special provisions on some works
- PART THREERIGHTS RELATED TO COPYRIGHT
- Section 62Moral rights of performing artist
- Section 63Economic rights of performing artist
- Section 64Economic rights of producer of phonograms
- Section 65Right of a performing artist and producer of phonograms to equitable remuneration
- Section 66Economic rights of audiovisual recording producer
- Section 67Right of an audiovisual recording producer to equitable remuneration
- Section 68Economic rights of broadcaster
- Section 69Limitation of economic rights of artistic performer, producer of phonograms, audiovisual recordingproducer and broadcaster
- Section 70Calculating the term of rights related to copyright
- Section 71
- PART FOURRIGHT SUI GENERIS TO A DATABASE
- PART FIVECOLLECTIVE RIGHTS MANAGEMENT
- Obligations of the collective management organization and the user of subject-mattersSection 81
- PART SIXCOMMON, TRANSITORY AND FINAL PROVISIONS
618/2003 Coll. ACT
of 4 December 2003
on copyright and rights related to copyright (Copyright Act)
Amendment: 84/2007 Coll. Amendment: 220/2007 Coll. Amendment: 453/2008 Coll.
The National Council of the Slovak Republic adopted a resolution regarding this Act:
PART ONE
INTRODUCTORY PROVISIONS
Section 1
Subject of Regulation
This Act regulates the relations arising in connection with the creation and use of a literary work and other artistic work and scientific work, artistic performance, with the production and use of phonograms, audiovisual recording, with broadcasting and use of radio broadcasting and television broadcasting (hereinafter referred to as "broadcasting ") and in connection with the creation and use of a database so that the rights and lawful interests of an author, artistic performer, producer of phonograms, audiovisual recording producer, radio broadcaster and television broadcaster (hereinafter referred to as "broadcaster") and a maker of a database are protected. The Act further regulates collective rights management pursuant to this Act.
Applicability of Act
Section 2 - (1)
- The provisions of this Act shall apply to a work a) of an author who is a citizen of the Slovak Republic (hereinafter referred to as "citizen of the Slovak Republic ") or has permanent residence in its territory, or
b) released in the Slovak Republic irrespective of nationality or permanent residence of its author.
- (2)
- The provisions of this Act also apply to a work protected in the Slovak Republic pursuant to international treaties or agreements, by which the Slovak Republic is bound and which
were promulgated in a manner stipulated in a special law.
- (3)
- To a work of visual arts of an author, who is not a citizen of the Slovak Republic, provisions of this Act on remuneration in the case of resale of the original work of visual arts shall apply exclusively if mutuality on the basis of international treaties or agreements by which the Slovak Republic is bound and which were promulgated in a manner stipulated in a special law, is ensured.
- (4)
- The term of copyright in case of a work of a citizen of another country must not be longer than it is in the country of the work origin.
Section 3
- (1)
- The provisions of this Act shall apply to an artistic performance of an artistic performer, who a) is a citizen of the Slovak Republic;
b) is not a citizen of the Slovak Republic, if - the artistic performance was performed in the territory of the Slovak Republic;
- the artistic performance forms a part of the phonogram protected pursuant to this Act, or
- the artistic performance was not fixed as a phonogram, but it was communicated to the public by broadcasting that is protected pursuant to this Act.
(2) The provisions of this Act shall apply to a phonogram and an audiovisual recording a) of a producer of phonograms and an audiovisual recording producer who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory;
b) fixed in the Slovak Republic, or
c) released in the Slovak Republic.
(3) The provisions of this Act shall apply to broadcasting a) of a broadcaster, if he has its permanent residence or registered office in the territory of the Slovak Republic, or
b) carried out by a broadcaster from a place in the territory of the Slovak Republic.
Section 4
The provisions of this Act shall apply to a) a publisher of a work not released in the past, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory; b) an artistic performer, a producer of phonograms, an audiovisual recording producer, a broadcaster or a publisher of a work not released in the past, which is protected according to international treaties or agreements by which the Slovak Republic is bound, and if such treaties and agreements do not exist, if mutuality is ensured,
c) a maker of a database, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory.
Section 5
Specification of certain terms
- (1)
- Architectural work is the most general architectural depiction of a creative idea of an author, especially pictorial representation and plastic representation of an architectural design of a building or town design, and also a work of garden architecture, interior and stage architecture and a work of building design.
- (2)
- Audiovisual work is a work perceivable through technical engineering equipment as a sequence of connected pictures, whether accompanied with a sound or not, if the work is meant to be performed in public; the original of an audiovisual work is the first audiovisual recording of this work designated to be performed in public. The co-authors of this work are especially considered the head director, scriptwriter, dialogues author and author of music which was especially created for this work.
- (3)
- Work of applied arts is a work which is art with utility functions or that is incorporated into a utility object regardless of the fact whether it was made by hand, industrially or by any other technological procedure.
- (4)
- Database is a collection of independent works, data or other materials systematically or methodically arranged and individually accessible by electronic or other devices. The computer program used for the creation or operation of the database accessible by electronic devices shall not be deemed to be a database.
- (5)
- Photographic work is a recording of light or other radiation on a medium on which a picture is created regardless the manner of making the recording; a picture from audiovisual work shall not be deemed to be a photographic work, but is considered to be a part of an audiovisual work.
- (6)
- Cable retransmission of work by cable is the present, unchanged and complete communication to the public of work broadcasted by means of cable or micro-wave system carried out by a person other than the original broadcaster.
(7) Rental of original work or its copy is the temporary assignment of the original work or its copy implemented in order to acquire direct or indirect property benefit. - (8)
- Computer program is a set of orders and instructions used directly or indirectly in a computer. Commands and instructions may be written or expressed in source code or computer operating code. The background records necessary for its development shall form an integral part of the computer program; if it fulfils conceptual features of a work (S. 7 par. 1), it is protected as a literary work.
- (9)
- Reprographic equipment or other technical engineering equipment is equipment which uses electromagnetic radiation for producing reproductions, or is producing reproductions in an alternative method. It is especially a copying device, scanner, fax and hard disk built into a personal computer.
- (10)
- Distribution of original work or its copy is manipulation with the object through which the work is expressed; public distribution includes rental, lending, sale or other form of transfer of the title to the original work or its copy.
- (11)
- Making available to the public is a communication to the public of a work in a manner enabling an individual to have access to the work from a place and at a time of the individual’s discretion.
- (12)
- School work is a work created by a pupil or student as a part of his school or educational assignments ensuing from his legal relationship with the grammar school, secondary school, university/institution of higher education or interest or educational establishment (hereinafter referred to as “school”).
- (13)
- A performance of an artistic work is an exhibition, a recitation or reading or other creative performance of a work of arts or a work of traditional folk culture by singing, performance, recitation, dance or other manner of making available to the public.
- (14)
- Communication to the public is the result of the dissemination or presenting of work with any technical facilities designated for diffusion of sound or sounds and of images simultaneously, or of their expression by means of radio or television for reception so that this work can be perceived by persons at places where it would not be possible to perceive them without this communication; communication to the public shall also mean cable retransmission, broadcasting and making available to the public.
- (15)
- Public performance is a) recitation, theatre play, dance or any other manner of exhibition a literary work, artistic work or a work of traditional folk culture by an artistic performer in public,
b) presentation of images of an audiovisual recording in sequence and the parallel presentation of sounds accompanying these images; such presentation of an audiovisual recording shall not be deemed to be communication to the public.
- (16)
- Public exhibition is the presentation of original work or its copy in public, directly or indirectly by means of picture slides, television image or in similar manner on a screen; in case of audiovisual work – the presentation of individually abstracted images without any succession in public.
- (17)
- Making copies of work is the transfer of a work or part thereof onto another material foundation directly from the original work or indirectly from its copy, on a temporary or continuous basis, namely by any means and in any form; a copy of a work can especially be made in the form of a printed, photographic, sound or audiovisual reproduction, of an erection of an architectural work or in the form of another three-dimensional reproduction, or in an electronic form including its analogue and digital expression.
- (18)
- Performing artist is a singer, musician, actor, dancer and other person who sings, acts, presents, recites or otherwise performs a literary work, artistic work or a work of traditional folk culture.
- (19)
- Lending of the original work or its copy is making the original work or its copy available through an establishment which is accessible to the public not for the purpose of direct or indirect property benefit for a limited period of time for use.
- (20)
- Audiovisual recording producer or producer of phonogram is the natural person or legal entity who has initiated or provided for its final making; the producer of the original audiovisual work is the producer of the audiovisual recording of this work.
- (21)
- Broadcasting is communication to the public carried out by the broadcaster, namely also in the case the broadcasting is technically provided by another person under command of the original broadcaster and the original broadcaster responsibility, including communication to
1)
the public by means of satellite. - (22)
- Employee work is a work created by the author in fulfilling his duties resulting from the employment, service or civil service relation to the employer or from an employment relationship between a cooperative and its member.
- (23)
- Maker of a database is the natural person or legal entity, at the suggestion, account and responsibility of who the database was made.
- (24)
- Audiovisual recording is a recording of both sounds and images, which are perceivable both by hearing and eye sight, regardless of the manner of recording and the medium at which these sounds and images are recorded.
- (25)
- Phonogram is a fixation of sounds, which are perceivable by hearing, regardless of the manner of recording and the medium at which these sounds are recorded; the phonogram contained in the audiovisual recording shall not be deemed to be a phonogram.
PART TWO COPYRIGHT
Section 6
Author
(1) The author is a natural person who has created the work.
(2) The author of a collection in its entirety is a natural person who has selected the components or arranged them; this shall not prejudice the rights of the authors of the works selected and arranged in the collection.
Section 7
Work
(1) The subject matter of copyright shall be a literary work or other work of arts and a scientific work which are the unique outcome of the creative activity of the author, especially
a) a literary work and computer program, b) a literary work expressed by speech, a presentation or otherwise, especially exhibition and lecture,
c) a theatrical work, especially a dramatic work, a dramatico-musical work, a pantomimic work and a choreographic work, and also other work created for the purpose of its releasing, d) a musical work with text or without text,
e) an audiovisual work like, especially cinematographic work, f) a painting, a drawing, a graphic design, an illustration, a sculptural work and other work of fine arts,
g) a photographical work,
h) an architectural work, especially a work of architecture and town-planning work, a landscape work and an interior-architectural work and a building design work, i) a work of applied arts,
1a)
j) a cartographic work in analogue or other form.
(2) The subject matter of copyright is also the work of a collection, especially an anniversary volume, journal, encyclopaedia, anthology, broadcast programme, exhibition, or other database, which is a collection of independent works or other elements that by reason of their selection and of the arrangement of the contents constitute a unique outcome of the creative activity of the author, is a work of collection.
(3) Protection pursuant to this Act shall not apply to
a) idea, manner, system, method, concept, principle, discovery or information that has been expressed, described, explained, depicted or incorporated in the work;
b) a text of legal regulation, official decision, public charter, publicly accessible register, official records, Slovak technical norm including a draft documentation thereof and translation of such works, daily reports and a speech and address presented during official proceedings; the copyright governing the issuance of such speech and addresses and the use of such works in a collection remains unaffected.
Section 8
Co-Authors´ Work
Co-authors´ work is a work, which is the unique outcome of the creative activity of two or more authors as one exclusive work to which rights are pertaining to all of the authors jointly and severally.
Section 9
Joint Works
Joining of two or more independent works is subject to the approval of the co-authors, namely for the agreed upon purpose; the authors dispose of joint works together. The rights of authors to dispose of works joined in a different manner as within the respective joining shall remain unaffected.
Section 10
Collective Work
- (1)
- A collective work is a work which was created with the participation of the collective activity of two or more authors who gave their consent to their own unique outcome of the creative activity when creating the work under the management of a natural person or legal entity, who
a) initiated the creation of this work, and b) directed and provided for the process of the work creation.
- (2)
- Regulations governing a collective work shall reasonably be applied to an employee work (S. 50); the above shall also apply if the work was in full or partially created on the basis of a contract on the creation of work (S. 39) concluded between the author and natural person or legal entity pursuant to par. 1.
(3) repealed from 1 March 2007. Section 11
Alteration and Translation of Work
- (1)
- The subject matter of copyright is also a new original work, which is the outcome of the creative alteration of another work.
- (2)
- Translation of work into another language and a adaptation of work shall also be the subject matter of copyright.
Section 12
Anonymous and pseudonymous work
- (1)
- The anonymous work is a work that has been made released without the indication of name and surname (hereinafter referred to as “name”) of the author; the identity of the author must not be revealed without the consent of the author.
- (2)
- The pseudonymous work is a work that was released under a code name; the identity of the author must not be revealed without the consent of the author.
- (3)
- Until such time when the author publicly reveals his identity, exclusively the person who published the work in a justified manner for the first time and, if the work was not published, the person who released the work may file a claim in the copyright in the work. The public declaration of the author shall not be necessary if his real name is commonly known.
Section 13
The releasing and publication of work
- (1)
- A work is released on the day of its first public performance, public presentation, publishing or by other manner of making available to the public.
- (2)
- A work is published on the day when authorised public distribution of its reproductions commenced.
Section 14
Country of origin of work
- (1)
- For the country of work origin is deemed to be a) in the case of not issued work, the country of which the author is a citizen,
b) in the case of issued work, the country where the work was rightfully published for the first time.
- (2)
- A work published in another country is regarded as being published in the Slovak Republic, if it was published in the Slovak Republic within the time period of 30 days from the day of its publishing in another country.
Section 15
Origin of copyright in a work
- (1)
- The copyright in a work shall commence at the moment when the work is expressed in any objectively perceivable form, regardless of its format, contents, quality, purpose or form of its expression.
- (2)
- The copyright applies to completed work, its individual development phases and parts, including the name of the work and names of characters, if they fulfil conceptual characteristics of the work.
Section 16
Content of copyright
The copyright shall include exclusive moral rights (hereinafter referred to as “moral rights”) and exclusive economic rights (hereinafter referred to as “economic rights”).
Section 17
Moral rights
(1) The author shall have the right a) to label his work with his name or pseudonym and to request that his name or pseudonym is given in all reproductions of his work in the proper manner during every use of the work in public, namely according to the manner of use, b) not to label his work with his name or pseudonym,
c) to decide about making his releasing his work,
d) to the inviolability of his work, especially to protection against any unauthorised alteration of, or other intervention into his work, and also against any defamatory manipulation with his work, which would result in violation of his dignity and good reputation. If not ensuing otherwise from the nature of the work or of its utilisation, the author shall have the right of author’s supervision (author’s alteration) over the manipulation with his work; in the case of architectural work, the author’s supervision is the supervision over the building construction. - (2)
- The author can not waive his rights pursuant to par. 1; these rights are not transferable and shall terminate by the death of the author.
- (3)
- After the death of the author no other person may assume authorship of the work; the work may be used only in a manner which does not depreciate its value and, if the work is not an anonymous work, the name of the author or his pseudonym must be indicated. Protec
2)
tion may be claimed by any of the author’s kin , they shall maintain this authorisation even after the passage of the term of economic rights to the work. Such protection may also be claimed by the authors´ association, professional chamber and by the relevant collective management organization.
Section 18
Economic rights
(1) The author shall have the right to use his work.
(2) The author shall have the right to grant authorisation to every use of his work, especially
a) to make a reproduction of the work, b) to distribute an original work or its copy to the public by sale or other forms of assignment of title,
c) to distribute an original work or its copy to the public by rental or lending, d) alteration, translation and adaptation of work, e) inclusion of the work into a work of collection, f) public exhibition, presentation of the work,
g) public performance of the work,
h) communication of the work to the public. - (3)
- The rights pursuant to par. 1 and 2 granted by the author pursuant to par. 2 do not expire; the author is only obliged to allow the use of the work by another person in the range of the granted consent.
- (4)
- Other persons may use the work without the consent of the author only in cases stipulated in this Act.
- (5)
- The rights pursuant to par. 1 and 2 are not transferable, rights may not be waived by the author, and such rights are neither subject to the execution of a judicial ruling nor to seizure conducted according to special regulations; the above shall not apply to claims arisen from economic rights.
- (6)
- The rights pursuant to par. 1 and 2 are the subject of inheritance. The provisions of this Act concerning the author shall also apply to his heirs, if not their nature indicates otherwise. If the co-author does not have heirs, the author’s share shall devolve to other co-authors.
- (7)
- If the author gives his consent with public distribution of original work or its copy by rental or lending [par. 2 letter c)] to the producer of phonogram of this work or to the producer of the original audiovisual work, he shall be entitled to equitable remuneration received from the person, who will distribute the original work or its copy to the public by rental or lending; this right can not be waived.
(8) Provisions of par. 2 letter c) shall not apply to
a) an architectural work expressed by a structure or in the form of a garden, interior or stage,
b) a work of applied arts expressed in a utility form.
Section 19
Right to remuneration on the resale of the original work of visual arts
- (1)
- Where the original work of visual arts which has been transferred by its author into the ownership of another person is resold, the author shall be entitled to the remuneration for every resale of this original work, if the sale is being participated by an auctioneer, organizer of sales exhibitions, gallery operator or other person undertaking in the business with artistic works (hereinafter referred to as “art dealer “) in the position of a seller, purchaser or agent; the right of the author to the remuneration is not transferable and the author cannot waive this right.
- (2)
- The art dealer shall be obliged to pay the author a remuneration pursuant to par. 1 by means of the collective management organization which had been granted authorization to execute collective management of right to remuneration in the case of resale of the original work of visual arts in the territory of the Slovak Republic (S. 78 par. 3); the collective management organization is obliged to enable the art dealer to consult the register of contractually represented right holders or the register of subject-matters [S. 81 par. 1 letter e) a f)].
- (3)
- Remuneration pursuant to par. 1, paid by the art dealer to the collective management organization pursuant to par. 2 of the purchase price exceeding EUR 1,000 EUR is in the amount of
a) 5% of a sales price not exceeding EUR 3,000;
b) 4% of a sales price exceeding EUR 3,000 not exceeding EUR 50,000;
c) 3% of a sales price exceeding EUR 50,000 not exceeding EUR 200,000;
d) 1% of a sales price exceeding EUR 200,000 not exceeding EUR 350,000;
e) 0.5% of a sales price exceeding EUR 350,000 not exceeding EUR 500,000;
f) 0.25% of a sales price exceeding EUR 500,000; however, the total remuneration must not exceed EUR 12,500. - (4)
- The value added tax shall not be included into the basis of calculation of remuneration pursuant to par. 3, if the original work of visual arts was sold for a purchase price that included the value added tax.
- (5)
- The art dealer shall be obliged to report the collective management organization, pursuant to par. 2, every resale carried out by the art dealer and to pay remuneration to the collective management organization calculated pursuant to par. 3, namely at the latest by the end of January of the following calendar year following the year in which the sale was carried out; the obligation to notify shall apply to the specification of the sold original work and to the information on the purchase price pursuant to par. 3. The collective management organization pursuant to par. 2 or the author are entitled to request the art dealer who carried out the resale or who participated in the resale, any information which is necessary for verification of the calculation of the remuneration payment pursuant to par. 3, namely within three years from the year on which the resale was made.
- (6)
- The right to remuneration pursuant to par. 1 shall not apply in cases of resale if the art dealer has obtained the original work of arts directly from the author within three years prior its resale and the purchase price of the original work of arts in case of this sale will not exceed EUR 10,000.
- (7)
- For the purposes of the application of the right to remuneration pursuant to par. 1, the original work of visual arts shall mean, namely, painting, drawing, collage, tapestry, engraving, lithography or other graphics, sculpture, ceramics, glass, jewellery work protected by copyright, photograph or other work of visual art if it was created by the author himself, or a repro
on copyright and rights related to copyright (Copyright Act)
Amendment: 84/2007 Coll. Amendment: 220/2007 Coll. Amendment: 453/2008 Coll.
The National Council of the Slovak Republic adopted a resolution regarding this Act:
PART ONE
INTRODUCTORY PROVISIONS
Section 1
Subject of Regulation
This Act regulates the relations arising in connection with the creation and use of a literary work and other artistic work and scientific work, artistic performance, with the production and use of phonograms, audiovisual recording, with broadcasting and use of radio broadcasting and television broadcasting (hereinafter referred to as "broadcasting ") and in connection with the creation and use of a database so that the rights and lawful interests of an author, artistic performer, producer of phonograms, audiovisual recording producer, radio broadcaster and television broadcaster (hereinafter referred to as "broadcaster") and a maker of a database are protected. The Act further regulates collective rights management pursuant to this Act.
Applicability of Act
Section 2 - (1)
- The provisions of this Act shall apply to a work a) of an author who is a citizen of the Slovak Republic (hereinafter referred to as "citizen of the Slovak Republic ") or has permanent residence in its territory, or
b) released in the Slovak Republic irrespective of nationality or permanent residence of its author.
- (2)
- The provisions of this Act also apply to a work protected in the Slovak Republic pursuant to international treaties or agreements, by which the Slovak Republic is bound and which
were promulgated in a manner stipulated in a special law.
- (3)
- To a work of visual arts of an author, who is not a citizen of the Slovak Republic, provisions of this Act on remuneration in the case of resale of the original work of visual arts shall apply exclusively if mutuality on the basis of international treaties or agreements by which the Slovak Republic is bound and which were promulgated in a manner stipulated in a special law, is ensured.
- (4)
- The term of copyright in case of a work of a citizen of another country must not be longer than it is in the country of the work origin.
Section 3
- (1)
- The provisions of this Act shall apply to an artistic performance of an artistic performer, who a) is a citizen of the Slovak Republic;
b) is not a citizen of the Slovak Republic, if - the artistic performance was performed in the territory of the Slovak Republic;
- the artistic performance forms a part of the phonogram protected pursuant to this Act, or
- the artistic performance was not fixed as a phonogram, but it was communicated to the public by broadcasting that is protected pursuant to this Act.
(2) The provisions of this Act shall apply to a phonogram and an audiovisual recording a) of a producer of phonograms and an audiovisual recording producer who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory;
b) fixed in the Slovak Republic, or
c) released in the Slovak Republic.
(3) The provisions of this Act shall apply to broadcasting a) of a broadcaster, if he has its permanent residence or registered office in the territory of the Slovak Republic, or
b) carried out by a broadcaster from a place in the territory of the Slovak Republic.
Section 4
The provisions of this Act shall apply to a) a publisher of a work not released in the past, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory; b) an artistic performer, a producer of phonograms, an audiovisual recording producer, a broadcaster or a publisher of a work not released in the past, which is protected according to international treaties or agreements by which the Slovak Republic is bound, and if such treaties and agreements do not exist, if mutuality is ensured,
c) a maker of a database, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory.
Section 5
Specification of certain terms
- (1)
- Architectural work is the most general architectural depiction of a creative idea of an author, especially pictorial representation and plastic representation of an architectural design of a building or town design, and also a work of garden architecture, interior and stage architecture and a work of building design.
- (2)
- Audiovisual work is a work perceivable through technical engineering equipment as a sequence of connected pictures, whether accompanied with a sound or not, if the work is meant to be performed in public; the original of an audiovisual work is the first audiovisual recording of this work designated to be performed in public. The co-authors of this work are especially considered the head director, scriptwriter, dialogues author and author of music which was especially created for this work.
- (3)
- Work of applied arts is a work which is art with utility functions or that is incorporated into a utility object regardless of the fact whether it was made by hand, industrially or by any other technological procedure.
- (4)
- Database is a collection of independent works, data or other materials systematically or methodically arranged and individually accessible by electronic or other devices. The computer program used for the creation or operation of the database accessible by electronic devices shall not be deemed to be a database.
- (5)
- Photographic work is a recording of light or other radiation on a medium on which a picture is created regardless the manner of making the recording; a picture from audiovisual work shall not be deemed to be a photographic work, but is considered to be a part of an audiovisual work.
- (6)
- Cable retransmission of work by cable is the present, unchanged and complete communication to the public of work broadcasted by means of cable or micro-wave system carried out by a person other than the original broadcaster.
(7) Rental of original work or its copy is the temporary assignment of the original work or its copy implemented in order to acquire direct or indirect property benefit. - (8)
- Computer program is a set of orders and instructions used directly or indirectly in a computer. Commands and instructions may be written or expressed in source code or computer operating code. The background records necessary for its development shall form an integral part of the computer program; if it fulfils conceptual features of a work (S. 7 par. 1), it is protected as a literary work.
- (9)
- Reprographic equipment or other technical engineering equipment is equipment which uses electromagnetic radiation for producing reproductions, or is producing reproductions in an alternative method. It is especially a copying device, scanner, fax and hard disk built into a personal computer.
- (10)
- Distribution of original work or its copy is manipulation with the object through which the work is expressed; public distribution includes rental, lending, sale or other form of transfer of the title to the original work or its copy.
- (11)
- Making available to the public is a communication to the public of a work in a manner enabling an individual to have access to the work from a place and at a time of the individual’s discretion.
- (12)
- School work is a work created by a pupil or student as a part of his school or educational assignments ensuing from his legal relationship with the grammar school, secondary school, university/institution of higher education or interest or educational establishment (hereinafter referred to as “school”).
- (13)
- A performance of an artistic work is an exhibition, a recitation or reading or other creative performance of a work of arts or a work of traditional folk culture by singing, performance, recitation, dance or other manner of making available to the public.
- (14)
- Communication to the public is the result of the dissemination or presenting of work with any technical facilities designated for diffusion of sound or sounds and of images simultaneously, or of their expression by means of radio or television for reception so that this work can be perceived by persons at places where it would not be possible to perceive them without this communication; communication to the public shall also mean cable retransmission, broadcasting and making available to the public.
- (15)
- Public performance is a) recitation, theatre play, dance or any other manner of exhibition a literary work, artistic work or a work of traditional folk culture by an artistic performer in public,
b) presentation of images of an audiovisual recording in sequence and the parallel presentation of sounds accompanying these images; such presentation of an audiovisual recording shall not be deemed to be communication to the public.
- (16)
- Public exhibition is the presentation of original work or its copy in public, directly or indirectly by means of picture slides, television image or in similar manner on a screen; in case of audiovisual work – the presentation of individually abstracted images without any succession in public.
- (17)
- Making copies of work is the transfer of a work or part thereof onto another material foundation directly from the original work or indirectly from its copy, on a temporary or continuous basis, namely by any means and in any form; a copy of a work can especially be made in the form of a printed, photographic, sound or audiovisual reproduction, of an erection of an architectural work or in the form of another three-dimensional reproduction, or in an electronic form including its analogue and digital expression.
- (18)
- Performing artist is a singer, musician, actor, dancer and other person who sings, acts, presents, recites or otherwise performs a literary work, artistic work or a work of traditional folk culture.
- (19)
- Lending of the original work or its copy is making the original work or its copy available through an establishment which is accessible to the public not for the purpose of direct or indirect property benefit for a limited period of time for use.
- (20)
- Audiovisual recording producer or producer of phonogram is the natural person or legal entity who has initiated or provided for its final making; the producer of the original audiovisual work is the producer of the audiovisual recording of this work.
- (21)
- Broadcasting is communication to the public carried out by the broadcaster, namely also in the case the broadcasting is technically provided by another person under command of the original broadcaster and the original broadcaster responsibility, including communication to
1)
the public by means of satellite. - (22)
- Employee work is a work created by the author in fulfilling his duties resulting from the employment, service or civil service relation to the employer or from an employment relationship between a cooperative and its member.
- (23)
- Maker of a database is the natural person or legal entity, at the suggestion, account and responsibility of who the database was made.
- (24)
- Audiovisual recording is a recording of both sounds and images, which are perceivable both by hearing and eye sight, regardless of the manner of recording and the medium at which these sounds and images are recorded.
- (25)
- Phonogram is a fixation of sounds, which are perceivable by hearing, regardless of the manner of recording and the medium at which these sounds are recorded; the phonogram contained in the audiovisual recording shall not be deemed to be a phonogram.
PART TWO COPYRIGHT
Section 6
Author
(1) The author is a natural person who has created the work.
(2) The author of a collection in its entirety is a natural person who has selected the components or arranged them; this shall not prejudice the rights of the authors of the works selected and arranged in the collection.
Section 7
Work
(1) The subject matter of copyright shall be a literary work or other work of arts and a scientific work which are the unique outcome of the creative activity of the author, especially
a) a literary work and computer program, b) a literary work expressed by speech, a presentation or otherwise, especially exhibition and lecture,
c) a theatrical work, especially a dramatic work, a dramatico-musical work, a pantomimic work and a choreographic work, and also other work created for the purpose of its releasing, d) a musical work with text or without text,
e) an audiovisual work like, especially cinematographic work, f) a painting, a drawing, a graphic design, an illustration, a sculptural work and other work of fine arts,
g) a photographical work,
h) an architectural work, especially a work of architecture and town-planning work, a landscape work and an interior-architectural work and a building design work, i) a work of applied arts,
1a)
j) a cartographic work in analogue or other form.
(2) The subject matter of copyright is also the work of a collection, especially an anniversary volume, journal, encyclopaedia, anthology, broadcast programme, exhibition, or other database, which is a collection of independent works or other elements that by reason of their selection and of the arrangement of the contents constitute a unique outcome of the creative activity of the author, is a work of collection.
(3) Protection pursuant to this Act shall not apply to
a) idea, manner, system, method, concept, principle, discovery or information that has been expressed, described, explained, depicted or incorporated in the work;
b) a text of legal regulation, official decision, public charter, publicly accessible register, official records, Slovak technical norm including a draft documentation thereof and translation of such works, daily reports and a speech and address presented during official proceedings; the copyright governing the issuance of such speech and addresses and the use of such works in a collection remains unaffected.
Section 8
Co-Authors´ Work
Co-authors´ work is a work, which is the unique outcome of the creative activity of two or more authors as one exclusive work to which rights are pertaining to all of the authors jointly and severally.
Section 9
Joint Works
Joining of two or more independent works is subject to the approval of the co-authors, namely for the agreed upon purpose; the authors dispose of joint works together. The rights of authors to dispose of works joined in a different manner as within the respective joining shall remain unaffected.
Section 10
Collective Work
- (1)
- A collective work is a work which was created with the participation of the collective activity of two or more authors who gave their consent to their own unique outcome of the creative activity when creating the work under the management of a natural person or legal entity, who
a) initiated the creation of this work, and b) directed and provided for the process of the work creation.
- (2)
- Regulations governing a collective work shall reasonably be applied to an employee work (S. 50); the above shall also apply if the work was in full or partially created on the basis of a contract on the creation of work (S. 39) concluded between the author and natural person or legal entity pursuant to par. 1.
(3) repealed from 1 March 2007. Section 11
Alteration and Translation of Work
- (1)
- The subject matter of copyright is also a new original work, which is the outcome of the creative alteration of another work.
- (2)
- Translation of work into another language and a adaptation of work shall also be the subject matter of copyright.
Section 12
Anonymous and pseudonymous work
- (1)
- The anonymous work is a work that has been made released without the indication of name and surname (hereinafter referred to as “name”) of the author; the identity of the author must not be revealed without the consent of the author.
- (2)
- The pseudonymous work is a work that was released under a code name; the identity of the author must not be revealed without the consent of the author.
- (3)
- Until such time when the author publicly reveals his identity, exclusively the person who published the work in a justified manner for the first time and, if the work was not published, the person who released the work may file a claim in the copyright in the work. The public declaration of the author shall not be necessary if his real name is commonly known.
Section 13
The releasing and publication of work
- (1)
- A work is released on the day of its first public performance, public presentation, publishing or by other manner of making available to the public.
- (2)
- A work is published on the day when authorised public distribution of its reproductions commenced.
Section 14
Country of origin of work
- (1)
- For the country of work origin is deemed to be a) in the case of not issued work, the country of which the author is a citizen,
b) in the case of issued work, the country where the work was rightfully published for the first time.
- (2)
- A work published in another country is regarded as being published in the Slovak Republic, if it was published in the Slovak Republic within the time period of 30 days from the day of its publishing in another country.
Section 15
Origin of copyright in a work
- (1)
- The copyright in a work shall commence at the moment when the work is expressed in any objectively perceivable form, regardless of its format, contents, quality, purpose or form of its expression.
- (2)
- The copyright applies to completed work, its individual development phases and parts, including the name of the work and names of characters, if they fulfil conceptual characteristics of the work.
Section 16
Content of copyright
The copyright shall include exclusive moral rights (hereinafter referred to as “moral rights”) and exclusive economic rights (hereinafter referred to as “economic rights”).
Section 17
Moral rights
(1) The author shall have the right a) to label his work with his name or pseudonym and to request that his name or pseudonym is given in all reproductions of his work in the proper manner during every use of the work in public, namely according to the manner of use, b) not to label his work with his name or pseudonym,
c) to decide about making his releasing his work,
d) to the inviolability of his work, especially to protection against any unauthorised alteration of, or other intervention into his work, and also against any defamatory manipulation with his work, which would result in violation of his dignity and good reputation. If not ensuing otherwise from the nature of the work or of its utilisation, the author shall have the right of author’s supervision (author’s alteration) over the manipulation with his work; in the case of architectural work, the author’s supervision is the supervision over the building construction. - (2)
- The author can not waive his rights pursuant to par. 1; these rights are not transferable and shall terminate by the death of the author.
- (3)
- After the death of the author no other person may assume authorship of the work; the work may be used only in a manner which does not depreciate its value and, if the work is not an anonymous work, the name of the author or his pseudonym must be indicated. Protec
2)
tion may be claimed by any of the author’s kin , they shall maintain this authorisation even after the passage of the term of economic rights to the work. Such protection may also be claimed by the authors´ association, professional chamber and by the relevant collective management organization.
Section 18
Economic rights
(1) The author shall have the right to use his work.
(2) The author shall have the right to grant authorisation to every use of his work, especially
a) to make a reproduction of the work, b) to distribute an original work or its copy to the public by sale or other forms of assignment of title,
c) to distribute an original work or its copy to the public by rental or lending, d) alteration, translation and adaptation of work, e) inclusion of the work into a work of collection, f) public exhibition, presentation of the work,
g) public performance of the work,
h) communication of the work to the public. - (3)
- The rights pursuant to par. 1 and 2 granted by the author pursuant to par. 2 do not expire; the author is only obliged to allow the use of the work by another person in the range of the granted consent.
- (4)
- Other persons may use the work without the consent of the author only in cases stipulated in this Act.
- (5)
- The rights pursuant to par. 1 and 2 are not transferable, rights may not be waived by the author, and such rights are neither subject to the execution of a judicial ruling nor to seizure conducted according to special regulations; the above shall not apply to claims arisen from economic rights.
- (6)
- The rights pursuant to par. 1 and 2 are the subject of inheritance. The provisions of this Act concerning the author shall also apply to his heirs, if not their nature indicates otherwise. If the co-author does not have heirs, the author’s share shall devolve to other co-authors.
- (7)
- If the author gives his consent with public distribution of original work or its copy by rental or lending [par. 2 letter c)] to the producer of phonogram of this work or to the producer of the original audiovisual work, he shall be entitled to equitable remuneration received from the person, who will distribute the original work or its copy to the public by rental or lending; this right can not be waived.
(8) Provisions of par. 2 letter c) shall not apply to
a) an architectural work expressed by a structure or in the form of a garden, interior or stage,
b) a work of applied arts expressed in a utility form.
Section 19
Right to remuneration on the resale of the original work of visual arts
- (1)
- Where the original work of visual arts which has been transferred by its author into the ownership of another person is resold, the author shall be entitled to the remuneration for every resale of this original work, if the sale is being participated by an auctioneer, organizer of sales exhibitions, gallery operator or other person undertaking in the business with artistic works (hereinafter referred to as “art dealer “) in the position of a seller, purchaser or agent; the right of the author to the remuneration is not transferable and the author cannot waive this right.
- (2)
- The art dealer shall be obliged to pay the author a remuneration pursuant to par. 1 by means of the collective management organization which had been granted authorization to execute collective management of right to remuneration in the case of resale of the original work of visual arts in the territory of the Slovak Republic (S. 78 par. 3); the collective management organization is obliged to enable the art dealer to consult the register of contractually represented right holders or the register of subject-matters [S. 81 par. 1 letter e) a f)].
- (3)
- Remuneration pursuant to par. 1, paid by the art dealer to the collective management organization pursuant to par. 2 of the purchase price exceeding EUR 1,000 EUR is in the amount of
a) 5% of a sales price not exceeding EUR 3,000;
b) 4% of a sales price exceeding EUR 3,000 not exceeding EUR 50,000;
c) 3% of a sales price exceeding EUR 50,000 not exceeding EUR 200,000;
d) 1% of a sales price exceeding EUR 200,000 not exceeding EUR 350,000;
e) 0.5% of a sales price exceeding EUR 350,000 not exceeding EUR 500,000;
f) 0.25% of a sales price exceeding EUR 500,000; however, the total remuneration must not exceed EUR 12,500. - (4)
- The value added tax shall not be included into the basis of calculation of remuneration pursuant to par. 3, if the original work of visual arts was sold for a purchase price that included the value added tax.
- (5)
- The art dealer shall be obliged to report the collective management organization, pursuant to par. 2, every resale carried out by the art dealer and to pay remuneration to the collective management organization calculated pursuant to par. 3, namely at the latest by the end of January of the following calendar year following the year in which the sale was carried out; the obligation to notify shall apply to the specification of the sold original work and to the information on the purchase price pursuant to par. 3. The collective management organization pursuant to par. 2 or the author are entitled to request the art dealer who carried out the resale or who participated in the resale, any information which is necessary for verification of the calculation of the remuneration payment pursuant to par. 3, namely within three years from the year on which the resale was made.
- (6)
- The right to remuneration pursuant to par. 1 shall not apply in cases of resale if the art dealer has obtained the original work of arts directly from the author within three years prior its resale and the purchase price of the original work of arts in case of this sale will not exceed EUR 10,000.
- (7)
- For the purposes of the application of the right to remuneration pursuant to par. 1, the original work of visual arts shall mean, namely, painting, drawing, collage, tapestry, engraving, lithography or other graphics, sculpture, ceramics, glass, jewellery work protected by copyright, photograph or other work of visual art if it was created by the author himself, or a repro
The National Council of the Slovak Republic adopted a resolution regarding this Act:
PART ONE
Section 1
This Act regulates the relations arising in connection with the creation and use of a literary work and other artistic work and scientific work, artistic performance, with the production and use of phonograms, audiovisual recording, with broadcasting and use of radio broadcasting and television broadcasting (hereinafter referred to as "broadcasting ") and in connection with the creation and use of a database so that the rights and lawful interests of an author, artistic performer, producer of phonograms, audiovisual recording producer, radio broadcaster and television broadcaster (hereinafter referred to as "broadcaster") and a maker of a database are protected. The Act further regulates collective rights management pursuant to this Act.
Section 2 b) is not a citizen of the Slovak Republic, if (2) The provisions of this Act shall apply to a phonogram and an audiovisual recording a) of a producer of phonograms and an audiovisual recording producer who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory;
b) fixed in the Slovak Republic, or
c) released in the Slovak Republic.
(3) The provisions of this Act shall apply to broadcasting a) of a broadcaster, if he has its permanent residence or registered office in the territory of the Slovak Republic, or
b) carried out by a broadcaster from a place in the territory of the Slovak Republic.
Section 4
The provisions of this Act shall apply to a) a publisher of a work not released in the past, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory; b) an artistic performer, a producer of phonograms, an audiovisual recording producer, a broadcaster or a publisher of a work not released in the past, which is protected according to international treaties or agreements by which the Slovak Republic is bound, and if such treaties and agreements do not exist, if mutuality is ensured,
c) a maker of a database, who is a citizen of the Slovak Republic or who has permanent residence or registered office in its territory.
Section 5
(7) Rental of original work or its copy is the temporary assignment of the original work or its copy implemented in order to acquire direct or indirect property benefit. 1)
the public by means of satellite. Section 6
(1) The author is a natural person who has created the work.
(2) The author of a collection in its entirety is a natural person who has selected the components or arranged them; this shall not prejudice the rights of the authors of the works selected and arranged in the collection.
Section 7
(1) The subject matter of copyright shall be a literary work or other work of arts and a scientific work which are the unique outcome of the creative activity of the author, especially
a) a literary work and computer program, b) a literary work expressed by speech, a presentation or otherwise, especially exhibition and lecture,
c) a theatrical work, especially a dramatic work, a dramatico-musical work, a pantomimic work and a choreographic work, and also other work created for the purpose of its releasing, d) a musical work with text or without text,
e) an audiovisual work like, especially cinematographic work, f) a painting, a drawing, a graphic design, an illustration, a sculptural work and other work of fine arts,
g) a photographical work,
h) an architectural work, especially a work of architecture and town-planning work, a landscape work and an interior-architectural work and a building design work, i) a work of applied arts,
1a)
j) a cartographic work in analogue or other form.
(2) The subject matter of copyright is also the work of a collection, especially an anniversary volume, journal, encyclopaedia, anthology, broadcast programme, exhibition, or other database, which is a collection of independent works or other elements that by reason of their selection and of the arrangement of the contents constitute a unique outcome of the creative activity of the author, is a work of collection.
(3) Protection pursuant to this Act shall not apply to
a) idea, manner, system, method, concept, principle, discovery or information that has been expressed, described, explained, depicted or incorporated in the work;
b) a text of legal regulation, official decision, public charter, publicly accessible register, official records, Slovak technical norm including a draft documentation thereof and translation of such works, daily reports and a speech and address presented during official proceedings; the copyright governing the issuance of such speech and addresses and the use of such works in a collection remains unaffected.
Section 8
Co-authors´ work is a work, which is the unique outcome of the creative activity of two or more authors as one exclusive work to which rights are pertaining to all of the authors jointly and severally.
Section 9
Joining of two or more independent works is subject to the approval of the co-authors, namely for the agreed upon purpose; the authors dispose of joint works together. The rights of authors to dispose of works joined in a different manner as within the respective joining shall remain unaffected.
Section 10
(3) repealed from 1 March 2007. Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
The copyright shall include exclusive moral rights (hereinafter referred to as “moral rights”) and exclusive economic rights (hereinafter referred to as “economic rights”).
Section 17
(1) The author shall have the right a) to label his work with his name or pseudonym and to request that his name or pseudonym is given in all reproductions of his work in the proper manner during every use of the work in public, namely according to the manner of use, b) not to label his work with his name or pseudonym,
c) to decide about making his releasing his work,
d) to the inviolability of his work, especially to protection against any unauthorised alteration of, or other intervention into his work, and also against any defamatory manipulation with his work, which would result in violation of his dignity and good reputation. If not ensuing otherwise from the nature of the work or of its utilisation, the author shall have the right of author’s supervision (author’s alteration) over the manipulation with his work; in the case of architectural work, the author’s supervision is the supervision over the building construction. 2)
tion may be claimed by any of the author’s kin , they shall maintain this authorisation even after the passage of the term of economic rights to the work. Such protection may also be claimed by the authors´ association, professional chamber and by the relevant collective management organization.
Section 18
(1) The author shall have the right to use his work.
(2) The author shall have the right to grant authorisation to every use of his work, especially
a) to make a reproduction of the work, b) to distribute an original work or its copy to the public by sale or other forms of assignment of title,
c) to distribute an original work or its copy to the public by rental or lending, d) alteration, translation and adaptation of work, e) inclusion of the work into a work of collection, f) public exhibition, presentation of the work,
g) public performance of the work,
h) communication of the work to the public. (8) Provisions of par. 2 letter c) shall not apply to
a) an architectural work expressed by a structure or in the form of a garden, interior or stage,
b) a work of applied arts expressed in a utility form.
Section 19
a) 5% of a sales price not exceeding EUR 3,000;
b) 4% of a sales price exceeding EUR 3,000 not exceeding EUR 50,000;
c) 3% of a sales price exceeding EUR 50,000 not exceeding EUR 200,000;
d) 1% of a sales price exceeding EUR 200,000 not exceeding EUR 350,000;
e) 0.5% of a sales price exceeding EUR 350,000 not exceeding EUR 500,000;
f) 0.25% of a sales price exceeding EUR 500,000; however, the total remuneration must not exceed EUR 12,500. INTRODUCTORY PROVISIONS
Subject of Regulation
Applicability of Act
Specification of certain terms
PART TWO COPYRIGHT
Author
Work
Co-Authors´ Work
Joint Works
Collective Work
Alteration and Translation of Work
Anonymous and pseudonymous work
The releasing and publication of work
Country of origin of work
Origin of copyright in a work
Content of copyright
Moral rights
Economic rights
Right to remuneration on the resale of the original work of visual arts