ORGANIZACION MUNDIAL IP/N/1/SVKlC/l 
11 de marzo de 1998 
DEL COMERCIO 
(98-0991) 
Original: ingles 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Republica Eslovaca 
En una comunicaci6n de su Misi6n Permanente, de fecha 23 de febrero de 1998, la Republica 
Eslovaca ha complementado su notificaci6n de leyes y reglamentos en virtud del parrafo 2 del 
articulo 63 del Acuerdo, que figura en el documento IP/N/1/SVK/1/Rev.1, mediante la presentaci6n 
de la Ley sobre el Derecho de Autor de 5 de diciembre de 1997, N° 383/1997, que se reproduce a 
continuaci6n.1 
lIngles solamente. IP/N/1/SVK/C/1 
Page 2 
Slovak Republic 
Copyright Act 
Act of 5th December 1997 
/No.383/1997/ 383 
Act 
of 5th December 1997 IP/NIl/SVK/CI 1 
Page 3 
Copyright Act and Act by which the Customs Act is Changed and Amended in Its Subsequent 
Legislation Wording 
National Council of Slovak Republic has agreed upon following Act: 
Art. I 
PART ONE 
Introductory Provisions 
§ I 
Subject Matter of Regulation 
The subject of this Act is regulation of relations arising in connection with creation, use and 
dissemination of literary works, scientific works and artistic works in a manner to protect the rights and 
legitimate interests of authors of works, including the authors of computer programs and databases, 
perfonning artists, phonogram producers, producers of audiovisual fixations, radio broadcasters and 
television broadcasters. 
The Scope of the Act 
§2 
11/ The provisions of this Act shall apply to 
al works of authors, who are nationals of Slovak Republic or who have their permanent residence within 
the territory of Slovak Republic; the same shall apply for the works of authors. to whom the legal status 
of refugee, according to the respective legislation'! , is granted on the territory of Slovak Republic. 
bl works made public for the first time in Slovak Republic, irrespective of nationality or pennanent 
residence of their authors, including works made public for the first time in another country but 
simultaneously published in Slovak Republic within the tenn of 30 days. 
I § 7 of the Act of National Council ofSlovak Republic No.283/1995 on Refugees 
Translated by Slavomir OgovskY. Translatioo Coosuhants Midlal KriitUfck and Juraj hliSUifek. IP/N/1/SVK/C/1 
Page 4 
12/1lne provisions of this Act shall also apply to works, to which the protection in Slovak Republic is 
gran¥ by virtue of international agreement or convention, by which Slovak Republic is binded. 
131 The duration of copyright relating to work of foreign nationals can not be longer than in the country 
of origin of work. 
141 The provisions of international agreements by which Slovak Republic is binded shall not be affected 
by this Act. 
§3 
/11 The provisions of this Act shall apply to 
aJ performing artists who are nationals of Slovak Republic, 
bl performing artists who are not nationals of Slovak Republic but whose performances took place on 
the territory of Slovak Republic or which are incorporated in phonograms that are protected under this 
Act, or performances which have not been fixed in phonograms, but which were communicated by 
broadcast or by original programs communicated by wire and due to this they fulfil the conditions for 
protection under this Act. 
12/ The provisions of this Act shall apply to 
a/ phonograms of the phonogram producers who are nationals of Slovak Republic or who have their 
permanent residence or seat in Slovak Republic, 
bi phonograrns the first fixation of which was made in Slovak Republic, 
Ci phonograms, that were made public for the first time Slovak Republic. 
/3/ The provisions of the subsection 2 shall apply mutatis mutandis to the audiovisual fixations 
141 The provisions of this Act shall apply to 
a;' radio broadcast and television broadcast of broadcasters and programs of organisations 
communicating to the public their own programs, if their seat is on the territory of Slovak Republic, 
Ib! radio broadcast and television broadcast realised by broadcasters and to original programs 
communicated to the public from the place within the·territory of Slovak Republic. 
§4 
11/ The provisions of this Act on protection of publishers of previously unpublicated works shall apply 
to publishers who are nationals of Slovak Republic or who have their permanent residence or their seat 
'r.'ithin the territory of Slovak Republic. 
121 The provisions of this Act shall apply to performing artists, phonogram producers, producers of 
audiovisual fixations, radio broadcasters and television broadcasters, broadcasters communicating their IP/N/1/SVK/C/l 
Page 5 
own programs by wire and publishers of previously unpublicated works who or which are protected by 
virtue of international agreements or conventions by which Slovak Republic is binded. 
§5 
Definitions of Certain Notions 
11/ Work of architecture is a most general architectural projection of the creative idea of author, in 
particular the graphic and plastic projection of architectural solution of building or urbanistic 
arrangement of territory as well as the work of garden, interior and scenic architecture and the work of a 
building design. 
121 Audiovisual work is a work that consists of series of fixated related images, with or without 
accompanying sound, capable of visual perception and of aural perception as the case may be, if 
designed for use and dissemination by means of technological equipment. The main director, author of 
scenario, author of dialogues and author of music specially created for this work shall be considered to 
be the co-authors of this work. 
/31 Work of applied art is a work, which is an artistic creation with utilitarian functions or which is 
incorporated in a utility article notwithstanding whether made by hand or industrially or by other 
technological method. 
/4/ Photographic work is a recording of light or other radiation at any medium on which an image is 
produced irrespective of the method by which this recording was made; a still picture from the 
audiovisual work shall not be considered as a photographic work but as a part of the audiovisual work. 
/51 Cable retransmission is a simultaneous, unaltered and unabridged transmission of already 
broadcasted programs, realised by means of a cable or microwave system for reception of initial 
broadcast. 
/6/ To rent the work is to cede the original of the work or its copy or object of neighbouring rights for 
payment for limited period of time. 
17 / Reproduction is a making of one or more copies of work or an object of neighbouring rights in any 
fonn including any permanent or temporary storage in electronic form. 
/8/ Public performance is a performance of any other work; different from audiovisual work, in 
particular by its recitation, playing, dancing or by any other manner. 
/9/ Public display is a showing of original of work or its copy directly or indirectly by means of a slide, 
television image or by similar means on a screen; in a case of an audiovisual work the showing of 
individual still image nonsequentially. 
1101 Communication to the public is a dissemination by means of wire or without wire by means of 
technological equipment or by any other means, of the images or sounds of fixations, of the images or 
sounds of the work or an object of neighbouring rights. Mentioned images or sounds can be perceived 
by persons at the places where it would not be possible without such a transmission to perceive such 
images or sounds. 
/ III Performing artist is a singer, musician, actor, dancer and other person who sings, acts, interprets, 
delivers or otherwise performs the literary, artistic or foildor works IP/NIl/SVK/CI 1 
Page 6 
1121 To lend the work is to cede without any payment the original of the work or its copy or an object of 
neighbouring rights by facilities accessible by public for limited period oftime. 
/131 Broadcasting is a communication of a work or an object of neigh bouring rights by radio 
broadcaster or television broadcaster by wire or wireless means, including that by satellite. 
/14/ Producer of audiovisual work, any other audiovisual fixation or phonogram, is the physical person 
who or legal entity which initiated or otherwise facilitated the final making of work or fixation. 
/15/ Phonogram is an exclusively aural fixation of the sounds irrespective the method or the medium by 
which or on which these sounds are fixed. 
116/ Audiovisual fixation is the fixation of sounds and images which are perceivable in aural and visual 
manner irrespective of the method or the medium by which or on which these sounds and images are 
fixed. 
117/ Computer program is a set of orders and instructions used directly or indirectly in computer. 
Orders and instructions can be written or expressed in source code or machine code. Inseparable part of 
the computer program is also the preparatory material necessary to its preparation; it is protected as a 
literary work if it complies with the notional characteristics set under § 6 Subs. 1 and § 15 Subs. 1. 
1181 Database is a collection of works, data, information or any other material I for example texts, 
images, sounds, numbers, facts I which are arranged systematically or by system and which are capable 
of being individually accessed by electronic or any other means 
PA.RTII 
Copyright 
§6 
Work 
11/ The subject of copyright is literary work, scientific work and artistic work which is the result of the 
author's own creative intellectual activity, in particular 
alliterary work and computer program, 
b/ work delivered orally, declaimed or otherwise performed literary work, in particular the speech and 
the lecture, 
cl theatre work, in particular dramatic work, drarnatico-musical work, pantomimic work and 
choreographic work as well as any other work created for its making public or public performance, 
dI musical work with or without lyriCS, 
e/ audiovisual work, in particular film work, 
fj painting, drawing, sketch, illustration, sculpture and other work of visual art, gJ photographic work, IP/NIlISVK/CI 1 
Page 7 
hi work of architecture, work of building architecture and urbanism, work of garden and interior 
architecture and the work of building design, 
if work of applied art, 
jI work of cartography in analogue or any other form!2 . 
12/ Database is also a subject of copyright, irrespective of its form, under the sole condition that it is 
original from the point of view of creative selection or arrangement of its contents. 
131 No protection shall extend to 
al any idea, procedure, system, method, concept, principle, discovery or information, which was 
expressed, described, explained, illustrated or embodied in a work, 
bl any text of legislation, decision of administration and legal nature, public document, official 
document, daily news and speeches delivered in the course of public events and their translation; 
however, the publication of a collection of such speeches or their inclusion into annals requires a 
consent of the person who delivered them. 
§7 
Work of Co-authors 
The work of co-authors is a work which was created by own creative intellectual activity of two or more 
authors as a single work, rights to which belong to all authors jointly and inseparably 
§8 
Combined Work 
The combined work is a work which was created by combination of several single works with the 
permission of their authors for the agreed purpose. Combined work is disposed of by all the authors 
jointly. The rights of authors to dispose of works which were combined in that manner in any other 
manner different from the disposes in such combination shall be without prejudice. In a case of 
performance of musical work with lyrics this requires' only the permission of author of the musical part 
alone. 
§9 
Collective Work 
Collective work is a work which was created by the joint activity of two or more authors who agreed 
.... rith the use of their own creative intellectual activity for its creation. The work thus created can be 
: § 2 Subs.S of the Act of National Council of Slovak Republic NO.2151I 995 on Geodesy and Cartography IP/N/1/SVK/C/1 
Page 8 
distributed lUlder the name of physical person or legal' entity who or which lUldertook the initiative for 
the-creation of the work or otherwise facilitated the crea,tion of that work. 
§ 10 
Collected Work 
11/ Collected works is a annals, periodical, review, exhibition or another collected work, provided that 
their arrangement is a result of the own creative intellectual activity of author. A work can be included 
into a collected work only with the preceding pennission of author. 
12/ Copyright to collected work as a whole shall belong to the person who arranged it; this shall not 
prejudice the rights of authors of works included into the collection. 
/3/ Copyright to published annals, cartography work and periodical is exercised by the publisher 
§ll 
Transformation and Translation of the Work 
III New original work which is created by original creative transformation of another work shall also be 
a subject of copyright. 
121 Furthermore, the translation of work into another language and the adaptation of the work shall also 
be subjects of copyright. 
/3/ A work can be transformed, translated into another language or adapted only with the pennission of 
its author. The pennission of the author for the translation into another language is not required in a 
case of works listed lUlder § 6 Subs 3 Iitra /bJ. 
§ 12 
Anonymous and Pseudo-anonymous Work 
11/ The anonymous work is a work made public without indicating the name of the author; name of the 
author can be disclosed only with hlsiher pemission. 
/2/ The pseudo-anonymous work is a work made public under the pseudonym; the name of the author 
can be disclosed only with hislher permission. 
131 Until the identity of author is disclosed on the public, the copyright to the work can be claimed by 
the person who or which has lawfully published it for the first time or, if it had not been published, by 
the person who or which made it public. The disclosure of the author on the public is not required if 
hislher true name is generally known to public. § 13 
Making Public and Publishing of Work IP/N/1/SVK/C/1 
Page 9 
11/ The work is made public on a day on which it was for the first time lawfully performed or displayed 
on public, published or otherv.'ise introduced onto public. 
121 The work shall be considered published on a day when the lawful circulation on a public of its 
copies has began. 
§ 14 
Country of Origin of Work 
11/ As a country of origin of work shall be considered 
al the country whose national the author is in a case of unpublished work, 
bl the country where the first lawful publication of the work took place in a case of published work. 
121 A work published simultaneously on the territory of Slovak Republic and elsewhere shall be 
considered as a work published in Slovak Repubhc; only the publication within 30 days time term shall 
be considered as a simultaneous publication 
§ 15 
Establishment of Copyright to Work 
11/ Copyright to a work is established in the moment the work is expressed in a form perceptible by 
senses, irrespective of its form, content, quality, purpose or form of its expression. 
121 Copyright to a work relates to the work as a whole as well as to its parts. 
§ 16 
The Content ofCop)Tight 
III The author shall have right to protect hislher authorship, in particular the right to 
al sign hislher work by hislher name; hislher name shall be indicated on all copies of work in 
appropriate manner, within any public use of that work, the manner of this indication depending on the 
nature of this use, 
bl sign hislher work by the pseudonym; hislher pseudonym shall be indicated on all copies of work in 
appropriate manner, within any public use, depending on the nature of this use. 
cl not to sign hislher work, IP/N/1/SVK/C/1 
Page 10 
d/ f inviolability ofhislher work, ill particular to protection against any interference into a work or 
against any derogatory disposal with hislher work which would cause the distortion ofhislher honour or 
good· reputation, 
el to decide on making public ofhislher work. 
121 The author of the work shall have an exclusive right to authorise any use of the work, in particular 
to authorise 
al any reproduction of the work, 
bl translation of the work, 
cl adaptation, arrangement or other transformation of the work, 
d/ use of the work or its part for creation of another work, 
el distribution of the work or its copy onto the public by sale, rental, 
lending or any other form of distribution of work or transfer of ownership, 
f! public display of the work or its copy, 
gl public performance of the work, 
hi broadcasting of the work, 
if cable retransmission of the work, 
jl communication of the work by any other method. 
131 The author has right to make corrections in the proofs ofhislher work. In a case of works of 
architecture the supervision of author over the construction of building is a form of checking the proofs. 
141 The rights of author under the subsections I and 3 are untransferable and unlimited in time. 
151 The author has right to remuneration for any use ofhislher work. 
§ 17 
Original Holder of the Right to Use the Work 
11/ The original holder of the right to use the work shall be the author. 
121 In respect of a work of co-authors, all co-authors shall be original holders of the right to use the 
work. 
131 In respect of a collective work the physical person or legal entity who or which was initiator of 
creation of work or who or which otherwise facilitated the creation of work or, as the case maybe, 
under a name of whose or which the work is distributed, shall be the original holder of the right to use 
the work. IP/N/1/SVK/C/l 
Page 11 
141:In respect of a collected work the original holder of the right to use the work shall be author who 
arranged that work. The rights of authors of the works included into collected work shall not be 
prejudiced. 
151 In respect of a work created by an employee on execution of hislher duties and following the 
instructions of the employer, the original holder of the right to use the work shall be, unless provided 
otherwise by a contract, the author; however, the right to use the work shall be deemed transferred to 
employer to the extend necessary for hislher/its customary activities. 
161 In respect of a computer program created by an employee as the execution ofhislher duties arising 
from the employment relation or any other similar relation and following the instructions ofhislher 
employer, the holder of the right to use the work shall be employer, unless provided otherwise by a 
contract. 
!7 I In respect of an audiovisual work the holders of the right to use the work shall be the co-authors of 
an audiovisual work. 
181 The co-authors of an audiovisual work can not forbid the producer of the audiovisual work any 
reproduction, distribution to the public, public performance, broadcasting and cable retransmission of 
that audiovisual work as well as the modification of the work by subtitling or dubbing; the conditions of 
such use of the audiovisual work shall be governed by contract. 
/9/ The co-authors of an audiovisual work shall have the right to equitable remuneration for rental of the 
original of work or its copy and for its satellite broadcasting and cable retransmission. The right set 
under the § 21 Subs. 3 is untransferable. 
Duration of Copyright 
§ 18 
I I / The copyright shall last throughout the life of author and 70 years after hislher death. 
12/ In a case of a work of co-authors and combined work created for purpose of use of that work in that 
combination, the copyright shall last throughout the life of last of the authors and 70 years after hislher 
death. 
131 In a case of a collective work, other than work of applied art the copyright shall last 70 years from 
the moment when the work was first time lawfully presented' on public. In a case the work has been 
signed by the names of authors who created the work the copyright shall last throughout the life of the 
last of the authors and 70 years after hislher death 
141 In a case of an audiovisual work the copyright shall last throughout the life of the co-authors and 70 
years after the death of the last one of them. 
15/ In a case of a work made public under a pseudonym or anonymous work the copyright shall last 70 
years after first publication of such work; however, when there are no doubts as to an identity of the 
author, it shall last 70 years after ruslher death. 
16/ In a case of work published in volumes the duration of copyright shall be calculated from the 
moment when the work was made public; it shall be calculated for each volume separately. IP/N/1/SVK/C/1 
Page 12 
n/In a case of a database the copyright shall last 70 years from the moment of its making. 
18/ In a case of a work of applied art the copyright shall last 25 years from the making of the work. 
§ 19 
The calculation of duration of copyright shall start from the first day of the year following the year in 
which the event decisive for the calculation occurred. 
§ 20 
Distribution of Work After First Sale 
/11 The right of author or other holder of rights to authorise the distribution of original of work or its 
copy set under the § 16 Subs. 2 litra lel shall cease to exist after first sale or any other act of 
distribution of that original of work or its copy by the author or other holder of rights, or with hislher 
authorisation on the territory of Slovak Republic. 
12mle right of author or other holder of the rights to authorise a rental of the original of work or its 
copy shall not cease to exist by the sale or by any other act of distribution of the work or its copy on the 
territory of Slovak Republic. 
13/ The right of author or other holder of the rights to authorise a lending of the original of work or its 
copy shall not cease to exist by sale or any other act of distribution of the work or its copy on the 
territory of Slovak Republic. 
14/ Sound carriers and carriers of audiovisual fixations in the sale to final customer within the territory 
of Slovak Republic shall bear a control label. 
151 Conditions and mode of labelling by the control label of sound carriers and carriers of audiovisual 
fixations shall be established by generally binding legislation which shall be issued by Ministry of 
Culture of Slovak RepUblic. 
16/ The provisions of the subsections 2 and 3 shall not apply to a works of architecture and works of 
applied art. 
§21 
Reproduction of Work for Personal Purposes 
III Physical person can make without the authorisation of author a copy of a hislher work which is 
made public for hislher personal purposes. The physical person shall not be obliged to provide the 
remuneration to author for such reproduction. 
121 Physical person can make a copy of work which is made public for hislher personal purposes only 
with the authorisation of author in a case al of a work of architecture in the fonn of buIldmg or' construction, IP/N/lISVK/C/1 
Page 13 
bl of a copy of literary work, cartographic work or musical work in written form or a substantial part 
thereOf by means of reprographic equipment, 
cl of a computer program with exceptions set under § 26 and § 27, 
d/ of work reproduction of which would conflict with fair exploitation of work or would otherwise 
interfere into the interests of author of the work or other holder of rights to this work. 
131 In a case of copies of audiovisual work or work embodied in a phonogram or audiovisual fixation 
the authors or other holders of rights along with the perfoffiling artists and producers of phonograms 
and audiovisual fixations or their successors-in-title as provided in § 51 Subs. 2 shall be entitled to the 
compensation of remuneration, 
141 Authors of the works which can be, due to their nature, reproduced on the basis ofprintings or its 
copies, by their transfer by means of reprographic or other technological device onto other material 
carrier, shall have the right to compensation of remuneration from the producer or importer of such 
devices, as the case may be, 
151 Compensation of remuneration shall be paid by 
al the manufacturer of blank carrier of a recording usually used for reproduction of the work for 
personal purposes as set under the subsection 3; the compensation of remuneration shall not be paid for 
the blank carriers of recording destined for export, 
bl the importer of blank carrier of a recording; the compensation of remuneration shall not be paid in a 
case the blank carrier of a recording is imported for personal purposes of importer, 
cl by the manufacturer of a reprographic device or other technological device capable of reproducing the 
work; the compensation of remuneration shall not be paid for the devices destined for export, 
d/ the importer of a reprographic device or any other technological device for reproduction of the work. 
§22 
Quotation from the Work 
A short part of a work made public can be used in fonn of quotation in another work without the 
authorisation of author, provided that such reproduction is compatible with fair use and its extent does 
not exceed the extent justified by purpose of such quotation. The quotation shall be accompanied by the 
indication of the source and the name of author, if a part of work already made public is presented in it. 
No obligation to pay remuneration to author shall arise for such use. 
§ 23 
Reproduction for Teaching Purposes 
/11 The authorisation of author is not required for IP/N/1/SVK/C/1 
Page 14 
a! the reproduction of a short part of a work which is made public and which is recorded in writings or 
by sound or image, provided that such reproduction is compatible with fair use and Its extent does not 
ex~d the extent justified by the teaching purpose!3 , 
bl reproduction by reprographic device of the article or other short work or short extract with or without 
illustrations which are made public, if done for teaching purposes in education facilities 3 , 
cl reproduction of published work by special method for needs of sightless. 
121 The name of the author or hislher pseudonym shall be indicated on any copy set under the 
subsection 1. 
131 No obligation to pay the remuneration to author shall arise in cases set under subsection 1. 
§ 24 
Reprographic Reproduction by Libraries or Archives 
111 The Library!4 or Archive!~ can make by means of re pro graphic device, without authorisation of the 
author, a copy of the article, other short work or short extract with or without illustrations which are 
made public 
al if the purpose of that reproduction is the satisfaction of the request of a physical person who will use 
that copy for purpose of study or research, 
bl if the purpose of that reproduction is replacement, archiving of another copy or preserving in a cases 
it is lost, destroyed or damaged or in a case of permanent collection. 
121 No obligation to pay the remuneration to author shall arise in cases set under subsection 1. 
§ 25 
Use of Work for Informatory Purposes 
III The authorisation of author is not required if the source and the name of author or hislher 
pseudonym is indicated, in following cases : 
al the reproduction of the article made public in a newspaper or another information media on current 
economic, political or religious events or topics, in the broadcasting of such content or rebroadcasting, 
J For example § 1 and 2 of the Act No. 172/1990 on Universities in wording of subsequent legislation, § 5, § 7, § 9 a 9a of 
the Act No.29/1984 on System of the Basic and Secondal)' Schools I School Act f in wording of subsequent legislation, § 4, 
§ 5, § 7 to 9 of the Act of National Council ofSlovak Republic NO.2791l993 on School Facilities in wording. of Act of 
National Council of Slovak Republic No.222/1996. 
~ § 1 to 3 of the Act NO.53/1959 on Uniform System of Libraries I Libraries Act! in the wording of the Act of National 
Council of Slovak Republic No.22211996 and Act of National Council of Slovak Republic No.296/1996. 
5 § 15 and 16 of the Act of Slovak National Council No. 14911975 on Archivation Work in wording of the Act No 57111991 
and of Act of National Council ofSlovak Republic No.222/1996. IP/N/lISVK/C/l 
Page 15 
cable retransmission or other communication; this shaH not apply where the author of the work or other 
holder of rights to work has reserved the right to authorise any reproduction, broadcasting, 
rebroadcasting and cable retransmission or other communication of the work, 
bl the reproduction, broadcasting, rebroadcasting, communication by cable retransmission or other 
communication of short parts of the works perceptible in the course of the current events which are the 
subject of reporting, 
cl reproduction of the lecture, speech or another work of similar nature, delivered in public. 
121 No obligation to pay the remuneration to author shall arise in cases set under subsection 1. 
§ 26 
Reproduction and Adaptation of Computer Program 
I I I The lawful acquirer of a copy of a computer program can make, without the authorisation of author 
or other holder of rights, a copy of that copy of computer program or its adaptation or translation, 
provided that such copy, adaptation or translation is necessary 
a/ for the conjunction of the computer program with computer for the purpose and to the extent for 
which the program has been acquired, including corrections of errors in the computer program, 
bl for archiving, back-up purposes or replacing of the lawfully acquired copy of the computer program 
in the event that the copy of the computer program has been lost, destroyed or otherwise damaged. 
121 The lawful acquirer of a copy of the computer program can observe, study or test, without the 
authorisation of author or other holder of rights, the functioning of the program in order to determine the 
ideas or principles which underlie any part of the program during download, display, transmission or 
test of the functioning and storage of the program into memory, to which he/she has been entitled. 
13/ Any such copy, adaptation or translation shall be destroyed in the event any further use of the copy 
of the computer program set under the subsection 1 ceases to be lawful. 
14/ The right set under subsection I litra Ibl and subsection 2 can not be prevented by a contract. 
15/ No obligation to pay the remuneration to author shall arise in cases set under subsections 1 and 2. 
§ 27 
Decompilation of Computer Programs 
11 I The authorisation of author or other holder of rights shall not be required for the reproduction of the 
code of a computer program or the translation of its fonn if it is necessary for obtaining the information 
needed to achieve the interoperability of independently created computer programs with other computer 
programs, provided that 
aI this activity is perfonned by the lawful acquirer entitled to use the copy of the computer program, IP/N/1/SVK/C/1 
Page 16 
bl the information necessary to achieve interoperability has not been previously commonly available to 
the' persons entitled to reproduce or translate, 
cl these activities are confirmed only to parts of original computer program and are necessary to achkye 
interoperability of the independently created computer programs. 
12/ The information obtained according to the subsection 1 shaH not be used 
al for reaching any goal other than to achieve the interoperability of independently created computer 
programs, 
bl for providing this information to other persons, except of a use necessary to achieve the 
interoperability of independently created computer programs, 
cl for facilitating the development, production or for marketing of a computer program which is similar 
in its expression, 
d/ for activity by which the right of author or other holder of rights could be violated. 
131 The authorisation of author or other holder of rights for the activities under subsection 1 shall be 
required for the reproduction of computer programs in a case such reproduction would conflict with a 
fair exploitation of the computer program or would otherwise unreasonably interfere into the legitimate 
interests of author of computer program or other holder of rights to this program. 
141 The reproduction of the machine code of computer program and translation of its form can not be 
prevented by contract. 
/5/ No obligation to pay the remuneration to author shall arise in cases set under subsection 1. 
§ 28 
Public Display of Work 
11/ The authorisation of author for the direct public display 6 of the original of work or its copy shall not 
be required in following cases: 
aJ the public display of original of work, which has beenSO'ld or ownership to which has been otherwise 
transferred to a physical person or legal entity, about whom or which the author or other holder of rights 
knew that this activity is a part ofhislher/its customary actiVities, 
bl in a case the public display does not conflict with a fair exploitation of original of work or its copy 
and does not otherwise interfere into the rights of author or other holder of rights. 
121 No obligation to pay the remuneration to author shall arise in cases under subsection 1 
§ 29 
Transfer of Copyright 
, § I Subs. I litra Icl of the Act of Slovak National Council No. 96/1991 on Public Events of Culture. 11/ The author can transfer only the right to use tlle work. IP/N/1/SVK/C/l 
Page 17 
121 The acquirer can transfer acquired right to another person only with the pennission of author. 
131 If a legal entity or a physical person to which or whom the right to use the work has been transferred 
ceased to exist or dies witllout a successor-in-title, the author shall re-acquire ilie right to decide on 
furtller use of work. 
§ 30 
Passage of Copyright 
III The copyright shall pass onto lieirs. The provisions of this Act concerning ilie author shall apply to 
hislher heirs, unless the nature of this provisions implies otherwise. 
121 Iftlle co-author has no heirs, hislher share shall accrue to other co-authors. 
§ 31 
Transfer of Original of Work or Its Copy 
11/ Whoever acquires the original of the work or its copy he/shelit acquires by iliat transfer no right to 
use the work, unless otherwise agreed in ilie contract. 
121 The author who transferred ilie original ofhislher work for payment can demand a reasonable 
settlement from any lawful acquirer who has obtained a property benefit of a large amount from a 
furtller transfer of the ownership; this right can not be waived in advance. 
Contracts on Dissemination of Work 
§ 32 
III The author grants the licence for remuneration to ilie legal entity or physical person to disseminate 
hislher work by virtue of a contract on the dissemination of a work; ilie conditions of dissemination of 
work can also be contained in general contracts. 
/21 The contract on the dissemination of a work is in particular a publishing contract, a contract on 
public perfonnance of work, a contract on distribution of work by lending or rental of the copy of 
work, a contract on distribution of a copy of sound recording of work, audiovisual recording of work 
and a contract on broadcasting of work by radio or television 
131 The contract on dissemination of a work shall determine a meiliod and extent of dissemination of 
work, time of such dissemination, remuneration of auilior, co-operation of auilior, tenn for which ilie 
contract is concluded, the undertaking of lawful authorised user that dissemination will be done on 
hislher/its own costs. IP/N/l/SVK/C/I 
Page 18 
141 In a case of general contracts on use of subjects of protection by cable retransmission concluded 
betWeen users and organisations of collective administration of rights of authors, performing artists and 
produ,cers of ph ono grams and audiovisual fixations to which the licence for this field was granted in 
accordance with respective legislation17 the total remuneration shall be no less than 10 % of all inconies 
reached by users in connection with the dissemination of subjects of protection in such manner. 
151 The total remuneration set under subsection 4 itemised on cable network participant per calendar 
year shall be no less for any individual user than one half of average remuneration itemised in such 
manner paid by the cable network operators in Slovak Republic in passed calendar year. 
161 In a case of general contracts on use of subjects of protection by radio and television broadcasting 
the remuneration shall belong to the authors of musical works which shall be no less than proportionate 
part of one tenth of all broadcasting related incomes of operator who or which obtained a right to 
broadcast by a licence granted to him in accordance with respective legislation.18 
17 I In a case of general contracts on use of subjects of protection by radio and television broadcasting 
the remuneration shall belong to the authors of musical works which shall be no less then proportionate 
part of one tenth of broadcasting expenses budget of operator who or which obtained a right for 
broadcasting by the law. 18 
/8/ Proportionate part set under subsections 6 and 7 shall be calculated as a share of musical works in 
total volume of works used in broadcasting. 
,91 The contract on dissemination of work shall be concluded in writing. 
§ 33 
I l! The author is obliged to submit hislher work to the authorised user in due time and in such state it 
could be disseminated in the agreed manner. 
/21 The authorised user can withdraw from the contract if the author has failed without a serious reason 
to submit to it hislher work in a due manner even within a supplementary term granted to himlher by the 
user; the supplementary term need not to be granted if the contract or the nature of the matter indicates 
the user can have no interest in delayed perfonnance. In such case the authorised user can demand the 
return of whatever he has already perfonned to the author 
! 3/ The author can withdraw from the contract and demand the return of hislher work if the 
dissemination has not took place within the tenn agreed on ill the contract; this shall be without 
prejudice to hislher title to remuneration in amount agreed ill the contract. 
Publishing Contract 
§ 34 
Act No.283/1997 on Collective Administration of Rights Wlder th<! C op:Tight Act and on Change and Amendment of 
Certain Acts. 
; Act No 468/1991 011 Operation of Radio and Television Broadcasting in wording of subsequent legislation. IP/N/1/SVK/C/1 
Page 19 
11/ By virtue of the publishmg contract the author grants to the publisher the licence to publish a literary 
work, dramatico-musical work or musical work, visual art work, photographic or cartographic work 
and publisher undertakes to publish a work at its own costs, to take measures for its distribution and to 
pay the remuneration to author. 
/21 On the basis of agreement with the author of the literary and musical work the publisher determines 
in the publishing contract a percentage as a form of remuneration of author. This percentage shall be 
calculated from total financial expenses of the publication of work and it can not fall under 13 % of that 
expenses. The publisher is obliged to pay to the author this minimum remuneration set by a percentage 
irrespective of the number of the sold copies of the work. 
/3/ As long as the relationship established by virtue of the publishing contract lasts the author can not 
grant a licence to publish hislher work to another publisher without consent of the licensed publisher, 
except for it is a publication ofhislher collected works or a publication ofhislher work in periodical. 
141 In a case the work is sold out before the term for which the contract has been concluded expires the 
author may demand another edition ofhislher work from the publisher, even no further edition has been 
agreed. Ifno contract on a new edition of work is concluded within six months the author shall be free 
to negotiate the contract with another publisher. 
§ 35 
III The author shall have the right to correct the proofs of the work. 
121 The author can withdraw from the contract and demand the return ofhislher work ifhe was not 
given the possibility of making the corrections in the proofs ofhislher work or if the work has been used 
in a manner detracting from its value~ this shall be without prejudice to hislher title to remuneration in 
amount agreed in a contract. 
§ 36 
Contract on Public Performance of Work 
By virtue of the contract on public performance of work the author grants the licence to perform 
dramatic work or musical work and other party to the contract undertakes to perform the work on 
hislher/its own costs and to pay the remuneration to author. 
§ 37 
Contract on Distribunon of Work by Lending or Rental of Copies of Work 
III By virtue of the contract on distribution of work by lending of the copies of work the author grants 
a licence to the lender to cede the copies of the work for use to other persons without payment and for 
period determined in the contract 9 The lender undertakes to act at its own costs. 
121 By virtue of the contract on distribution of work by rental of the copies of work the author grants the 
licence to the lessor to cede the COPIes of the work for use to other persons for payment and for period 
9 § 659 to § 662 of Civil Code IP/N/1/SVK/C/1 
Page 20 
determined in the contract'IO . TIle lessor undertakes to act at its own costs and to pay the remuneration 
to 'author. 
§ 38 
The Contract on Creation of Work 
11/ By virtue of the contract on creation of work the author undertakes to create a work for a customer 
for remuneration and grants a licence to the customer to use the work for the purpose specified in the 
contract. 
121 The author is obliged to create the work personally and in the determined term. Unless agreed 
otherwise, the author shall acquire the title to agreed remuneration by submission ofhislher work. 
13/ If the work has defects which prevent the use of that work for the purpose agreed in the contract, the 
customer can withdraw from the contract. If the defects are removable the customer can cancel the 
contract only if the author has failed to remove them in an appropriate term granted to him for this 
purpose by the customer. 
141 The provision of § 33 Subs.2 shall apply mutatis mutandis to the contract on creation of work. 
§ 39 
Contract on Other Use of Work 
III The provisions of § 32 Subs.3 and § 33 shall apply mutatis mutandis to the contract on other use of 
work. 
121 In a case of the use of musical work by production and distribution of sound and audiovisual earners 
on which the work is fixed the amount of remuneration of author shall be determined by agreement of 
user and author as a share from sale price of these carriers. This remuneration for all authors of musical 
works shall be no less than 10 % of the price of carriers. 
§ 40 
Public Domain Work 
III If the author has no heirs or his/her heirs refuse to accept the inheritance, hislher work shall become 
public domain, with the exception set under § 30 Subs.2, even before the expiry of the term set under § 
18. 
121 If the duration of copyright expires or if a work becomes public domain for another reason the user 
is not obliged to request the licence to use the work or to pay the remuneration to the author. However, 
public domain work can be used only in a manner corresponding to its value and its author, ifhe/she is 
known, shall be indicated. The observance of this condition shall be attended by the authors' unions and 
10 § 663 to 670 of Civil Code IP/N/lISVK/C/1 
Page 21 
legal entities to which the licence for the performance of collective administration within particular field 
of creative activity has been granted17. 
§ 41 
Rights to Previously Unpublicated Work 
III Any person who, after the expiry of the duration of copyright, for the first time makes public or 
communicates to the public a previously unpublicated work shall have the copyright set under § 16 
Subs.2 and 5. 
121 The right set under the subsection 1 shall last for 25 years from the publication or communication to 
the public. 
§ 42 
Presumption of Authorship 
The physical person whose name is indicated on a work in usual manner as the name of author shall, in 
the absence of proof of the contrary, be presumed to be author of the work. This provision shall also be 
applicable if the pseudonym is indicated on the work, ifthere are no doubts as to identity of the author. 
§ 43 
International Registration of Audiovisual Work 
A statement concerning the work, recorded in an intemationa I register of audiovisual works 11 shall be 
considered true until the contrary is proved, except for 
a! where the statement does not fulfil the conditions set under this Act, 
bl where the statement is contradicted by another statement recorded in the international register. 
§ 44 
Imperilment and Violation of Copyright 
III Author whose copyright has been violated may demand in particular that this further violation be 
prohibited, the consequences of the violation be removed and that helshe be given an appropriate 
satisfaction. If a considerable detriment of non-proprietary nature has resulted from a violation of 
copyright, the author has right to satisfaction in money provided that other satisfaction appears 
insufficient; the amount of the satisfaction in money shall be determined by the court which, in 
11 Art. II of the Agreement on International Registration of Audiovisual Works /Notification of Federal Ministry of Foreign 
Affairs No.365/1992/ IP/N/1/SVK/C/1 
Page 22 
particular takes the extent of the suffered detriment as well as the circumstances of the violation on 
aCCbunt. 
121 The provisions of Civil Code shall apply to claim of the author for coverage of damages suffered by 
the violation. 
131 The author can make the same claims also in a case of imperilment or violation of hislher rights 
against persons who or which import, manufacture or exploit the equipment exclusively or partly 
designed for removal, termination of operation or limitation of the functioning of technological devices 
used for protection of work against the unauthorised use. 
PART III 
Neighbouring Rights 
§ 45 
Rights of Performing Artists 
11/ The subject of the rights of performing artists are their artistic performances, in particular the 
performances of the actors, singers, musicians, dancers and other persons who perform, sing, act, recite 
or otherwise interpret a literary, musical or other artistic works. 
§ 46 
The Content of Right of Performing Artists 
III The provisions of § 16 Subs. 1 and 5 shall apply mutatis mutandiS to rights of performing artists. 
121 Performing artist shall have the exclusive right to authorise any of the following acts 
aI the broadcasting or other communication ofhislher performance. the authorisation of performing 
artist is not required if it is made from the fixation of the performance produced with ruslher permission 
or if the subject of broadcasting or other communication to the public is the performance which is 
performed by the performing artist for that broadcasting or other communication to the public, 
bl the fixation of hislher unfixed performance, 
cl the reproduction of a fixations of hislher performances, 
d! the distribution to the public of the fixations ofhislher performances or copies thereof to the public 
by rental, lending or sale or by any other form of transfer or right 
131 The performing artist shall have the right to equitable remuneration for any use ofhislher 
performance. 
141 The right of performing artist to authorise the distribution of the fixation set under subsection 2 litra 
Id! except for rental of fixation or its copies, shall cease to exist by first sale or any other act of 
distribution of the fixation or its copy on the territory of the Slovak Republic or with authorisation of IP/N/1/SVK/C/l 
Page 23 
performing artist. The right of performing artist to authorise the rental of the fixation ofhislher 
performance or its copy shall last also after the sale of that fixation or its copy. 
/51 If the performing artist has authorised the incorporation ofhislher performance into the audiovisu\ll 
fixation, the provisions of the subsection 2 litra lal shall have no further application. When a contract 
concerning the production of an audiovisual fixation is concluded between performing artist and 
producer it shall be presumed, unless otheIWise provided by contract, that performing artist has 
transferred hislher right of distribution set under subsection 2 litra Id! to the producer, however, helshe 
shall retain the right to compensation of equitable remuneration for the rental or sale of the fixation of 
his performance or its copy. 
/61 The duration of rights of performing artists shall be 50 years and it shall start from the first day of 
the year following the year in which the fixation of the artistic performance has been made. However, if 
the fixation of the performance is made public or communicated to the public within this term the 
protection shall last 50 years from the first day of the year following the year when the fixation has been 
made or the communication to the public took place; this term shall be calculated from the earlier event. 
§ 47 
The Content of Rights of Producers of Phonograms 
11/ The subject of rights of producers of ph ono grams are aural fixations of performances of performing 
artists or other sounds irrespective of the method by which or medium on which these performances or 
sounds are fixed. 
121 The producer of phonogram shall have the right to authorise any of the following acts: 
aI direct or indirect reproduction of the phonogram, 
bl the distribution of the phonogram or its copy to the public by rental, lending, sale or by any other 
form of transfer of rights. 
cl broadcasting of phonograms or its copy by radio or tele\ 'ision 
d! communication of phonogram or its copy to the public by means of technological device. 
131 The producer shall have the right to equitable remuneratlon for any use of ph ono grams or its copy. 
14/ The right of producer to authorise the distribution of phonogram set under subsection 2 litra fbi, 
except for the rental of phonogram or its copy, shall cease to exist by first sale of phonogram on the 
territory of the Slovak Republic or with authorisation of producer. 
/5/ The duration of rights of phonogram producers shall be SO years and it shall start on the first day of 
the year following the year in which the phonogram has been produced. However, if a phonogram has 
been made public or communicated within this term the right of producer shall last for 50 years and it 
shall start on the first day of the year following the year in which it has been made public or in which 
communication of the phonogram took place; this term shall be calculated from the earlier event. 
§ 48 IP/N/l ISVK/CI 1 
Page 24 
III The equitable remuneration shall be paid by a person who or which uses or further disseminates the 
ph6nogram or its copy within the broadcasting, rebroadcasting, cable retransmission or other 
communication to the public. This remuneration shall be divided between the performing artists and 
phonogram producers. 
/21 The right to equitable remuneration to performing artists and producers shall last throughout the 
duration of rights set under § 46 Subs. 6 and § 47 Subs. 5 
§ 49 
Content of Rights of Producers of A.udiO\ lSual Fixations 
11/ The producer of audiovisual fixations shall have the exclusive nght to authorise 
aI any direct or indirect reproduction of original or copy of the audlOvisual fixation, 
bl the distribution to the public of the original or copy of the audiovisual fixation by rental, lending or 
sale or any other form of transfer of right. 
cl broadcasting of audiovisual fixation or its copy by radic and television 
d/ communication to the public of audiovisual fixatIon or IT.'; cop~ by means of technological device. 
/2/ The producer shall have right to equitable remuneration for any use of audlOvisual fixation or its 
copy. 
131 The right of producer to authonse the distributIon of auilOvisual fixatIOns set under subsection 1 
litra /bl, except for the rental of audiovisual fixation or its copy, shall cease to exist by first sale of the 
fixation or any other act of distribution on the temtory of S lovak Repubhc or wIth authorisation of 
producer. The right of producer to authorise the rental of audiOVIsual fixation or its copy shall last also 
after the sale of audiovisual fixation or its copy. 
141 Duration of the rights set under subsection 1 shall be 5(' years and it shall start on the first day of the 
year following the year in which the audiovisual fixation ha.s been made. However, if the fixation has 
been made public or communicated within this term the right of producer shall last 50 years and it shall 
start on the first day of the year following the year ID whkl::: It has been made public or in which 
communication took place; this term shall be calculated frOO1 the earlier event. 
/5/ The equitable remuneration shal.l be paid by the person ';TinO or which uses or further disseminates 
the audiovisual fixation Or its copy in the broadcasung, rebroadcasung, cable retransmission or in any 
other communication to the public. 
/6/ The right to equitable remuneration shall last throughout the duration of nghts set under 
subsection 4. 
§ 50 
Content of Rights of Radio Broadcasters and Television Broadcasters IP/N/lISVK/C/1 
Page 25 
III The broadcaster which broadcasts its program or communicates Its own program by wire shall have 
the exclusive right to authorise any of the following acts: 
al rebroadcasting of its broadcast, the broadcasting or rebroadcasting of its programs communicated by 
Wire, 
bl the cable retransmission of its programs or its programs communicated by wire, 
cl the fixation of its broadcast or its program communicated by wire, 
dI the reproduction of a fixation of its broadcast or its program communicated by wire, 
el the distribution to the public of lis broadcasting or its program communicated by wire, by rental, 
lending, sale or any other form of transfer of right 
121 The right of distribution set under the subsection 1 litra lel, except for the rental of fixation or its 
copies, shall cease to exist after first sale or other distribution by the broadcaster, broadcaster 
conununicating the program by wire or its successor-in-title or with his authorisation on the territory of 
Slovak Republic. The right of broadcaster or broadcaster communicating the program by wire to 
authorise the rental of its broadcast, program or copy of its program shall last also after the sale of a 
fixation or its copy. 
/31 The duration of rights set under subsection I shall be 50 years and it shall start on the first day of 
the year following the year in which the first broadcasting or communication by wire took place. 
141 The broadcaster shall have the right to remuneration for granting the authorisation set under 
subsection 1. 
151 The right to equitable remuneration shall last throughout the duration of rights set under the 
subsection 3. 
§ 51 
Limitation of Protection of Neighbouring Rights 
ill The provisions of the § 45 to 50 shall not apply where the acts referred to in those sections are 
related to 
al use by a physical person for his/her own personal purposes 
bl use in justified extend of a short excerpt for ne\vs reporting 
cl use for the purposes of teaching and scientific research 
dJ cases where a work can be used without the authorisation of author as set by the § 21 to 28. 
121 The performing artists, phonogram producers and their successors-in-title shall have the right to 
equitable remuneration for reproduction of the performances fixed ID phonograms, audiovisual works, 
for reproduction of ph ono grams and for the use according to the subsection 1 litra la/. The provisions of 
the § 21 shall apply mutatis mutandis to this right IP/N/1/SVK/C/1 
Page 26 
§ 52 
The provisions of the § 17,29,30, 32 to 40, § 42 and 44 shall apply mutatis mutandis on the 
perfonning artists and their perfonnances. 
PART FOUR 
§ 53 
Collective Administration of Rights 
III The rights under this Act can also be administered in a collective manner. 
121 The collective administration of rights set under this Act shall be perfonned by the organisations to 
which the licence to perfonn this activity has been granted in accordance with the respective 
legislation 17 
PART FIVE 
Transitional and Final Provisions 
§ 54 
; 1 I The duration of rights shall be governed by this Act also m a cases when it started before the entry 
into force of this Act. If this Act provides for longer tenn, this prolongation shall be applied only to the 
works rights to which have not ceased to exist before entry mto force of this Act. 
121 The same shall apply to rights of performing artists, phonogram producers, radio broadcasters and 
television broadcasters. 
§ 55 
Following Acts shall be revoked . 
Act No.35/1965 on Literary, Scientific and Artistic Works iCopyright Act! in wording of the Act 
No.89/1990, Act No.46811991 and the Act of National Council of Slovak Republic No.1311993. 
2 Regulation of the Ministry of Culture of Slovak Socialist Republic No.8111978 by virtue of which 
the Exceptions are Established from the Obligation to Conclude in Writing the Contracts on the 
Dissemination of the Literary, Scientific and Artistic Works 
Art.1l IP/NIl/SVK/CI 1 
Page 27 
Act of National Council of Slovak Republic No.18011996 Customs Act in wording of Act of National 
CoUncil of Slovak Republic NO.386/1996 shall be changed and amended as follows: 
§ lOa shall be added after § 10 and it shall read, including footnotes, as follows: 
,.§ lOa 
/l I TIle original holder of the right to use the work 17. or a person authorised to perform hislher right to 
use the work 7b may request from the customs authorities the infonnation on content and volume of the 
import of conunodity which has the nature of copy of a work or its sound recording, visual fixation, 
audiovisual fixation, or a product which can be used as a carrier for making of such fixation !blank 
carrierl and to examine the custom documentation in order to determine whether the import of such 
conunodity for the purposes. of its distribution on market is in accordance with respective legislation,ne 
121 Custom authority shall interrupt for maximum of 10 working days the custom procedure on release 
of conunodity to free circulation on the basis of the written request of the person authorised according to 
the subsection I, provided that there is a reasonable suspicion that the right set under respective 
legislation ;7e have been violated by the import of such commodity. This term can be prolonged by 
further 10 working days in reasonable cases. 
/3/ Custom authority shall not release the commodity to free Clfculation if the importer of the 
commodity mentioned in subsection I does not prove ",:ithin the term mentioned in subsection 2 that the 
import of such commodity is in accordance with respective leglslation 7e. 
/41 The provision of subsections I to 3 shall apply tnlllaris murandis in cases of the export of the 
commodity mentioned in subsection l.", 
Footnotes to references 7a, 7b, 7c shall read as follows' 
_ 7, § 17 of the Act. NO.383/1997 Copyrig.ht Act and Act by \\hich the Customs Act is Changed and Amended in il~ 
Subsequent Legislation Wording. 
-, Act No.28311997 on Collective Administration of Rights under the C op\'Jight Act and on Change and Amendment of 
Certain Acts. 
" Act No 38311997" 
ArtIII 
This Act shall enter into force on January the 1st, 1998 
Hand-written signatures : 
Michal Kovac 
Vladimfr Meciar