WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SVN/C/2 
25 March 2008 
 (08-1270) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVENIA 
  The present document reproduces the text
1 of the Copyright and Related Rights Act (ZASP-
UPB2) - consolidated text, en try into force 4 March 2006 , as notified by Slovenia under Article 63.2 of 
the Agreement (see document IP/N/1/SVN/2).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SLOVÉNIE 
 
 Le présent document contient le texte1 de la Loi sur le droit d'auteur et les droits connexes 
(ZASP-UPB2) - texte codifié, entrée en vigueur le 4 mars 2006, qui a été notifiée par la Slovénie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/SVN/2). 
 
 
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 PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ESLOVENIA 
  En el presente documento se reproduce el texto
1 de la Ley de Derecho de Autor y Derechos 
Conexos (ZASP-UPB2) - texto consolidado, que entró en vigor el 4 de marzo de 2006 y que 
Eslovenia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/SVN/2). 
                                                      
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/SVN/C/2 
Page 2  
 
COPYRIGHT AND RELA TED RIGHTS ACT2 
(CONSOLIDATED TEXT) 
of 30 March 1995 
as last amended on 1 February 2006  
 
(as in force from 4 March 2006) 
 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1 
Scope of the Act 
 
(1) This Act regulates: 
 
1. the right of authors with respect to their works of literature, science and art (copyright); 
 
2. the rights of performers, producers of phonogr ams, film producers, broadcasting organizations, 
publishers and makers of databases (related rights);  3. individual and collective management and enforcement of copyright and related rights. 
 (2) This Act integrates into the legal system of th e Republic of Slovenia the provisions of the Council 
Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ L 122, 17 
May 1991, p. 42, with amendments), Council Di rective 92/100/EEC of 19 November 1992 on rental 
right and lending right and on certain rights related to  copyright in the field of intellectual property 
(OJ L 346, 27 November 1992, p. 61, with ame ndments), Council Directive 93/83/EEC of 27 
September 1993 on the coordination of certain ru les concerning copyright and rights related to 
copyright applicable to satellite broadcasting a nd cable retransmission (OJ L 248, 6 October 1993, 
p. 15), Council Directive 93/98/EEC of 29 Octo ber 1993 harmonizing the term of protection of 
copyright and certain related rights (OJ L 290, 24 November 1993, p. 9, with amendments), 
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal 
protection of databases (OJ L 077, 27 March 1996,  p. 20), Directive 2001/29/EC of the European 
Parliament and of the Council of 22 May 2001 on  the harmonisation of certain aspects of copyright 
and related rights in the information society (OJ L 167, 22 June 2001, p. 10, with amendments), 
Directive 2001/84/EC of the European Parliament  and of the Council of 27 September 2001 on the 
resale right for the benefit of the author of an original work of art (OJ L 272, 13 October 2001, p. 32) and Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property ri ghts (OJ L 195, 2 June 2004, p. 16). 
 
Article 2 
Public 
 
The term "public", as used in this Act, shall mean a larger number of persons that are outside the usual 
circle of a family or the circle of personal acquaintances. 
 
                                                     
 
2 Published in the Official Gazette RS Nos 21/95, 9/01, 30/01, 43/01,17/06 and 44/06 as consolidated 
text.  Unofficial translation.  IP/N/1/SVN/C/2 
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Article 3 
Disclosure and publication 
 
(1) Disclosure, as used in this Act,  shall mean that a copyright work or subject matter of a related right 
has been made available to the public, with the consent of the right holder. 
 
(2) Publication, as used in this Ac t, shall mean that sufficient quant ity of already produced copies of a 
copyright work, or of a subject matter of a rela ted right, was offered to the public or put into 
circulation, with the consent of the right holder. 
 
Article 4 
Relation between copyright and related rights 
 
(1) Protection of related rights under this Act shal l leave intact and shall in no way affect the 
protection of copyright. 
 
(2) Provisions of this Act concerning elements of a copyright work, presumption of authorship, joint authors, authors of compound works, contents of  economic rights and other rights of the author, 
relationship between copyright and ow nership, limitations to copyright, term of copyright (beginning 
and effect of the running) and transfer of copyri ght (Sections I and II of Chapter III), shall apply 
mutatis mutandis to related rights, unless otherwise provided in Chapter V. 
 
Chapter II 
COPYRIGHT LAW 
 
Section I 
Copyright works 
 
Article 5 
Protected works 
 
(1) Copyright works are individual intellectual creati ons in the domain of literature, science, and art, 
which are expressed in any mode, unless otherwise provided by this Act. 
 (2) As copyright works are considered in particular: 
1. spoken works such as speeches, sermons, and lectures; 
 
2. written works such as belletristic works, artic les, manuals, studies, and computer programs; 
 3. musical works with or without words;  4. theatrical or theatrico-musical works, and works of puppetry;  
5. choreographic works and works of pantomime; 
 6. photographic works and works produced by a process similar to photography;  7. audiovisual works; 
 
8. works of fine art such as pain tings, graphic works, and sculptures; 
 9. works of architecture such as sketches, plans, a nd built structures in the field of architecture, urban 
planning, and landscape architecture; IP/N/1/SVN/C/2 
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 10. works of applied art and industrial design;  11. cartographic works;  
12. presentations of a scientific, educational or tech nical nature (technical drawings, plans, sketches, 
tables, expert opinions, three-dimensional repr esentations, and other works of similar nature). 
 
Article 6 
Elements of a copyright work 
 
(1) Draft, component parts and the title of a work , which are in themselves individual intellectual 
creations, shall enjoy the same protection as the work itself.  (2) Regardless of the foregoing para graph, it is not permitted to use for a title of a work such title as 
has already been used for the same kind of work, if such title creat es or is likely to create confusion as 
to the source of the work.  
Article 7 
Transformations of copyright works 
 (1) Translations, adaptations, arrangements, changes and other transformations of a pre-existing work 
or of other material, which are individual intellect ual creations, shall be deemed independent works. 
 (2) Rights of authors of pre-existing works must not be infringed by transformations mentioned in the foregoing paragraph. 
 
Article 8 
Collections 
 
(1) Collections of works or of other material , such as encyclopaedias,  anthologies, databases, 
collections of documents, etc., which, by virtue of selection, coordination or arrangement of their 
contents, are individual intellectual creati ons, shall be deemed independent works. 
(2) Rights of authors of pre-existing works shall not be infringed by the inclusion of such works in a 
collection; by the inclusion in a collection, pre- existing material does not become a protected work. 
 (3) Databases as mentioned in paragraph 1 are coll ections of independent works, data or other 
materials in any form, arranged in a systematic or methodical way and individually accessible by 
electronic or other means.   (4) Protection under this Article sha ll not apply to computer programs used in the making or operation 
of electronic databases.  
Article 9 
Non-protected creations 
 
(1) Copyright protection shall not be afforded to: 
 
1. ideas, principles, discoveries; 
 2. official legislative, administrative and judicial texts;   IP/N/1/SVN/C/2 
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3. folk literary and artistic creations.  (2) Translations of texts mentioned under item 2 of the foregoing paragraph shall enjoy copyright 
protection, unless they are published as official texts.  
Section III 
The author 
 
Article 10 
A natural person 
 
An author is a natural person who created the work.  
Article 11 
Presumption of authorship 
 
(1) A person whose name, pseudonym or artist's ma rk appears in the customary manner on the work 
itself or is so indicated at the time of disclosure of the work, shall be presumed the author of the work, 
until proved otherwise.  (2) Where the author is not known according to the foregoing paragraph, the person who published 
the work is presumed to be entitled to exercise the au thor's rights. If this person is also not indicated, 
than the one who disclosed the work is so entitled.  
 (3) The foregoing paragraph shall cease to apply once the author becomes known. The person entitled 
under the foregoing paragraph, must transfer the be nefits derived from the author's rights to the 
author, unless otherwise provided by contract. 
 
Article 12 
Co-authors 
 
(1) If the work, created in collaboration of two or more persons, constitutes an inseparable whole, all 
co-authors of such work shall ha ve a joint copyright in it.  
 (2) Deciding on the use of such work belongs jointly to all co-authors, however, an individual co-author may not oppose to it unreasonably or in bad faith.  
(3) Co-authors' shares shall be determined in proporti on to the extent of their respective contributions 
to the creation of the work, unless they are set otherwise by their agreement. 
 
Article 13 
Authors of compound works 
 Provision of the foregoing article shall apply muta tis mutandis, when several authors combine their 
works for the purpose of exploitation in common. 
 IP/N/1/SVN/C/2 
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Section III 
Copyright 
 
Subsection I 
General provisions 
 
Article 14 
Origin of copyright 
 
Copyright belongs to the author by the mere fact of creation of a work. 
 
Article 15 
Content of copyright 
 
Copyright is an indivisible right to a work, fro m which emanate exclusive personal powers (moral 
rights), exclusive economic powers (economic rights), a nd other powers of the author (other rights of 
the author).  
Subsection II 
Moral rights 
 
Article 16 
Content 
 
Moral rights shall protect the author with respect to his intellectual and personal ties to the work. 
 
Article 17 
Right to the first disclosure 
 
The author shall have the exclusive right to dete rmine whether, when, and how his work is to be 
disclosed for the first time.  
Article 18 
Right to recognition of authorship 
 
(1) The author shall have the exclusive right to recognition of the authorship of his work. 
 
(2) The author may determine whether his authorship is  to be indicated at the time of disclosure of his 
work, and with what mark.  
Article 19 
Right to integrity of the work 
 The author shall have the exclusive right to prohi bit any distortion or any other tampering with his 
work, as well as any use of his work, if such tamper ing or use could be prejudicial to his person.  
 
Article 20 
Right to withdrawal 
 
(1) The author has the exclusive right to revoke his assigned economic right from its holder, provided 
he has serious moral reasons for this, and on conditi on that he first reimburses the damage caused to 
the right holder by such revocation.  
(2) With the exercise of the right to withdrawal, the economic right of the holder is extinguished.  IP/N/1/SVN/C/2 
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 (3) The author must adequately reimburse the holder.  The holder must notify the author of the extent 
of damages suffered by him within three months of  the receipt of the notice of revocation. If the 
holder fails to do so, the right to withdrawal takes effect on the expiration of this term. 
 
(4) If the author later wishes to assign the economic ri ghts in his work again, he shall be required, 
within the period of ten years after exercising his right to withdrawal, to offer these rights first to the previous holder, under the same conditions  that were originally stipulated. 
 (5) The provisions of this article do not apply to computer programs, audiovisual works and 
databases. 
 
Subsection III 
Economic rights 
 
Article 21 
Content 
 
(1) Economic rights protect the author with respect to his economic interests by giving the author an 
exclusive right to authorize or to prohibit the use of his work or copies of his work. 
(2) Unless otherwise provided by this Act, the use of copyright work shall be lawful only if the 
author, in accordance with this Act, and under th e conditions he has set, assigned the respective 
economic right. 
 
Article 22 
Economic rights 
 
(1) Use of the work in material form includes in particular the right of reproduction (Article 23). 
 (2) Use of the work in non-material form (comm unication to the public) includes in particular the 
following rights:  
1. the right of public performance (Article 26); 
 2. the right of public transmission (Article 27);  3. the right of public communication by phonograms and videograms (Article 28); 
 
4. the right of public presentation (Article 29);  5. the right of broadcasting (Article 30);  6. the right of rebroadcasting (Article 31); 
 
7. the right of secondary broadcasting (Article 32);  8. the right of making available to the public (Article 32. a).  
(3) Use of the work in a modified form includes in particular the following rights: 
 1. the right of transformation (Article 33);  2. the right of audiovisual adaptation (Article 104). IP/N/1/SVN/C/2 
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 (4) Use of copies of a work includes the following rights:  1. the right of distribution (Article 24);  
2. the rental right (Article 25). 
 
Article 23 
Right of reproduction 
 (1) The reproduction right is the exclusive right to fix the work in a material medium or in another 
copy directly or indirectly, temporarily or permanently, by any means and in any form, in whole or in part.  (2) The work is reproduced in particular by gr aphic reproduction, three-dimensional reproduction, 
building or carrying out of an architectural structure, photographic reproduction, sound or visual 
fixation, and by saving in electronic form. 
 
Article 24 
Right of distribution 
 
(1) The right of distribution is the exclusive right to put into circulation the original or copies of the 
work by sale or other form of transfer of ownershi p, or to offer the same to the public with such 
intent.  (2) The right of distribution includes also the exclusiv e right to import copies of the work to a country 
with the intent of their further distribution, rega rdless whether such copies were legally made or not. 
 
Article 25 
I. RENTAL RIGHT 
 
(1) The rental right is the exclusive right of making available for use the original or copies of a work, 
for a limited period of time, and for direct or indirect economic advantage. 
 (2) The foregoing paragraph shall not apply to the use of:  1. architectural structures; 
 
2. originals or copies of works of applied art and industrial design;  3.originals or copies of works for the purpose of public communication;  4. works for on-the-spot reference; 
 
5. works by persons acting within the scope of thei r employment, if such use is intended exclusively 
for the execution of their work related duties. 
 
Article 26 
Right of public performance 
 
The right of public performance includes the exclusive rights:  IP/N/1/SVN/C/2 
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 1. to recite a literary work in public by  live delivery (right of public recitation); 
 2. to communicate a musical work to the pub lic by live performance (right of public musical 
performance); 
 
3. to communicate a work to the public by performing it on a stage (right of public stage presentation).  
Article 27 
Right of public transmission 
 
The right of public transmission is the exclusiv e right to relay recitations, performances, or 
presentations of a work by a loudspeaker, screen or similar device beyond the original place or 
location. 
 
Article 28 
Right of public communication by means of phonograms or videograms 
 
The right of public communication by means of phonogr ams and videograms is the exclusive right to 
communicate to the public the recitations, perform ances or stage presentations of a work, which are 
fixed in a phonogram or videogram.  
 
Article 29 
Right of public presentation 
 The right of public presentation is the exclusive ri ght to communicate to the public, by technical 
means, an audiovisual work, a photographic work, a wo rk of fine art, a work of architecture, urban 
planning, applied art, industrial design, and cartograp hy, or a presentations of scientific or technical 
nature.  
Article 30 
Right of broadcasting 
 
(1) The right of broadcasting is the exclusive right to communicate a work to the public by radio or television program signals, intended to the public, eith er by wireless means (including satellite), or by 
wire (including cable or microwave system).  
 
(2) Communication to the public by satellite, within the meaning of the foregoing paragraph, exists 
when under the control and responsibility of a br oadcasting organization pr ogram-carrying signals 
intended for the public are sent in an uninterrupted  chain of communication to a satellite and down to 
the Earth.  
(3) If the program-carrying signals are encrypted, communication to the public by satellite shall be 
deemed to have occurred, within the meaning of the foregoing paragraph, on condition that the means 
for decrypting are provided to the public by the br oadcasting organization, or with its consent. 
 
Article 31 
Right of rebroadcasting 
 
The right of rebroadcasting is the exclusive ri ght to a simultaneous, unaltered, and unabridged 
communication to the public of a broadcast of a work:  
1. when made by a broadcasting organization other than the initial one; or IP/N/1/SVN/C/2 
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 2. when transmission is by cable or microw ave system, and involves more than 100 cable 
connections, or if the work was initially broad cast from another state (cable retransmission). 
 
Article 32 
Right of secondary broadcasting 
 
The right of secondary broadcasting is the exclusiv e right to communicate a broadcast work to the 
public by a loudspeaker, screen or similar device.  
Article 32a 
Right of making available 
 
The right of making available is the exclusive right th at a work, by wire or wireless means, is made 
available to the public in such a way that member s of the public may access it from a place and at a 
time individually chosen by them or that a work is transmitted to a member of the public based on an 
offer, intended for the public.  
Article 33 
Right of transformation 
 
(1) The right of transformation is the exclusive right  to translate, adapt for stage, musically arrange, 
alter, or otherwise transform a pre-existing work.  (2) The right mentioned in the foregoing paragraph ap plies also to cases where a pre-existing work is 
included or incorporated in a new work in unaltered form. 
 
(3) The author of a pre-existing work retains the ex clusive right to use his work in its transformed 
version, unless otherwise provided by this Act or by contract.        
 
Subsection IV 
Other rights of the author 
 
Article 34 
Right of access and of delivery 
 
(1) The author has a right of access to the original or  to a copy of his work, which is in the possession 
of another, if such access is necess ary for the exercise of his right of reproduction or of transformation 
of the work, and does not adversely affect  the legitimate interests of the possessor. 
 (2) The author may demand that the original of hi s work of fine art or of a photographic work be 
delivered to him for the purpose of exhibition in the Republic of Slovenia, if he can demonstrate a 
prevailing interest. 
 
(3) Delivery of the original, according to the fo regoing paragraph, may be  conditioned upon posting 
of sufficient security or upon acquiring insurance coverage in the amount of market value of the 
original.  
(4) The author must effect the access and exhibitio n with the least inconvenience to the possessor, and 
at his own expense. The author is strictly liable fo r any damage to the original or copy of the work. 
  IP/N/1/SVN/C/2 
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Article 35 
Resale right 
 
(1) Where an original of a work of fine art is resold , subsequent to the first transfer of the work by the 
author, the author has the right to be notified, as well as the right to a remuneration set out in this 
Article, provided that sellers, buyers or intermediaries are art market professionals, such as 
salesrooms, art galleries and auction houses. 
(2) Obligations referred to in paragraph 1 sha ll be joint obligation of the seller, buyer and 
intermediary.  
(3) “Originals of works of fine art” referred to in paragraph 1 shall mean original works of fine art, 
such as paintings, collages, drawings, engravings, pr ints, photographs, sculptures, tapestries, ceramics, 
glassware and the like, that are made by the artist hi mself, or are copies of such works considered to 
be originals. Copies of works shall be considered to  be originals insofar as they have been made in 
limited numbers by the artist himself or under his authority, and have normally been numbered and 
signed by the artist. 
 (4) The resale right remuneration shall be set as a percen tage of the retail price of the original (net of 
tax).   (5) The remuneration referred to in paragraph 4, which may not exceed EUR 12 500, shall be: 
 
1. 4% for the price up to EUR 50 000;  
2. 3% for the portion of the price from EUR 50 000,01 to EUR 200 000; 3. 1% for the portion of the price from EUR 200 000,01 to EUR 350 000; 4. 0,5% for the portion of the price from EUR 350 000,01 to EUR 500 000; 
5. 0,25% for the portion of the price exceeding EUR 500 000. 
(6) Resale right may not be waived or assigned during the life of the author, and is not subject to 
execution. 
 
Article 36 
Public lending right 
 
(1) Public lending right is the right to equ itable remuneration according to Libraries Act 
(Official 
Gazette of the RS No 87/01), when the original or a copy of a work is made available for use, for a 
limited period of time, without direct or i ndirect economic advantage, and if done through 
organisations performing such activity as public service. 
 
(2) The foregoing paragraph shall not apply to the use of:  1. originals or copies of library material in th e national library, school and academic libraries and 
special libraries;  
2. architectural structures; 
 3. originals or copies of works of applied art and industrial design;  IP/N/1/SVN/C/2 
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4. originals or copies of works for the purpose of public communication;  5. works, for on-the-spot reference, or for lending among organisations;  6. works, by persons acting within the scope of th eir employment, if such use is intended exclusively 
for the execution of their work related duties. 
 (3) Lending of originals or copies of computer progr ams and databases to the public is the exclusive 
right of their author. 
 
Article 37 
Right to remuneration 
 
(1) The author has a right to equitable remunera tion for making a sound or visual fixation, and for 
photocopying of his work, done within the scope of pr ivate or other internal use, under Article 50 of 
this Act. 
 (2) Remuneration under the foregoing paragraph with respect to sound or visual fixation shall be paid: 
 1. upon the first sale or importation of new a ppliances for sound or visual fixation, and 
 
2. upon the first sale or importation of ne w blank audio or video fixation mediums. 
 (3) Remuneration under paragraph (1) of this Artic le, with respect to photocopying shall be paid: 
 1. upon the first sale or importation of  new appliances for photocopying, and 
 
2. upon photocopies made for sale, i.e. monthly on their probable number.  (4) For the purposes of this Article, the term photocopying includes other similar reproduction 
techniques, to the term appliances for sound or visu al fixation other appliances, which enable getting 
the same effect, are assimilated. 
 
(5) The right to remuneration under paragraph (1) of this Article may not be waived, assigned during 
the life of the author, and is not subject to execution. 
 
Article 38 
Persons liable 
 
(1) Persons liable to pay remuneration under the fo regoing Article are: manufacturers of appliances 
for sound or visual repr oduction; manufacturers of appliances for photocopying; manufacturers of 
blank audio or video fixation me dia; and holders of appliances who are offering photocopying 
services against payment. Jointly liable with manuf acturers are importers of appliances and fixation 
media, unless such imports are intended for private and non-commercial use, as part of their personal 
luggage. (de minimis imports)  (2) Manufacturers mentioned in the foregoing para graph are not liable to pay remuneration with 
respect to such appliances or fixation media which are made for exportation. 
 
(3) Persons mentioned in paragraph (1) of this Article shall, on request of a collecting society, submit 
information about the type and number of sold or  imported appliances and media, mentioned in the 
foregoing Article, as well as such information a bout the photocopies sold, as is necessary for the 
calculation of the remuneration due. 
  IP/N/1/SVN/C/2 
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Article 39 
Amount of remuneration 
 
(1) The amounts of remuneration for private and ot her internal reproduction which belong collectively 
to all persons entitled under this Act shall be set by the Government of the Republic of Slovenia. 
 
(2) The amounts mentioned in the foregoing paragra ph shall be set separately: for each appliance for 
sound fixation and each appliance for visual fixati on; for each fixation appliance which due to its 
design, does not require separate mediums for its operation (double the amount); for each sound and 
visual fixation medium depending on the possible duration of the fixation; for each appliance for 
photocopying, depending on its capability (number of copies per minute), and its capacity to make 
colour copies (double the amount of black-and-white copying); as well as for each photocopy made for sale.  (3) The Government of the Republic of Slovenia sh all adjust the amounts mentioned in this Article, 
according to fluctuations in retail prices in  the Republic of Slovenia, as appropriate. 
 
Subsection V 
Relationship between copyright and ownership 
 
Article 40 
General provision 
 
The copyright is independent from and compatible with ownership or other property rights in any 
material object in which the copyright work is embodied, unless otherwise provided by law. 
Article 41 
Separateness of transfers 
 
(1) The transfer of single economic rights or of other rights of the author with respect to his work, does not affect the ownership of the material object in which the work is embodied, unless otherwise provided by law or contract. 
 
(2) The transfer of ownership in the material object  in which the work is embodied does not affect 
single economic rights or other rights of the author with respect to his work, unless otherwise provided by law or contract.  
Article 42 
Community property of spouses 
 
Only economic benefits deriving from the exploitation of copyright shall be a part of the community 
property of spouses.  
Article 43 
Exhaustion of the right of distribution 
 
The right of distribution shall be exhausted within the European Union in respect of the original or 
copies of the work with the first sale or other tran sfer of ownership in the European Union of that 
object by the author or with his consent. 
 IP/N/1/SVN/C/2 
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Article 44 
Limitation to the right of transformation 
 
(1) The owner of a work of architecture which has b een executed shall be free to make reconstructions 
thereof. 
 
(2) When implementing the provision of paragraph 1,  the owner must respect the author’s right to 
integrity of the work.  (3) Where a work of architecture has been awarded a prize in an open contest, the owner must obtain 
the consent of the author. The consent shall not involve disproportionate costs for the owner or 
considerably prolong the time of reconstruction. 
Article 45 
Protection of the original of the work 
 (1) The owner of an original of a work, who according to the circumstances of the case, should 
presume that the author has a justifiable interest in its preservation, shall not destroy such original, 
before offering it to the author at the cost of material.  (2) If the return is not possible, the owner shall allo w the author to make a copy of the work, in an 
appropriate manner. 
 
(3) In case of an architectural structure, the author  has only the right to make photographs of the work 
and to demand the delivery of the reprod uctions of designs at his own expense. 
 
Section IV 
Limitations on copyright 
 
Article 46 
General provision 
 
Limitations on copyright are permissible in cases men tioned in this Section, provided that the extent 
of such exploitation of copyright works is limited  by the intended purpose, is compatible with fair 
practice, does not conflict with normal use of the work, and does not unreasonably prejudice the 
legitimate interests of the author. 
 
Subsection I 
Legal licenses 
 
Article 47 
Teaching and periodicals 
 
(1) Without the assignment of a respective economic ri ght, but on payment of equitable remuneration, 
it shall be lawful: 
 1. to reproduce in readers and textbooks intended fo r teaching, parts of works, as well as single works 
of photography, fine arts, architecture, applied ar t, industrial design and cartography, provided these 
are already disclosed works of a number of authors; 
 
2. to reproduce in periodical publications articles on current topics of general interest published in 
other periodicals, unless the author expressly prohibited it.   IP/N/1/SVN/C/2 
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(2) Provisions of the foregoing paragraph apply accordingly to public communication of the works 
mentioned therein.  (3) In cases stated in the foregoing paragraphs, th e source and authorship of the work must be 
indicated, if the latter is indicated on the work used. 
 
Article 47a 
People with a disability 
 
Without the assignment of a respective economic right , but on payment of equitable remuneration, it 
shall be lawful to reproduce or distribute work s for the benefit of people with a disability, provided 
that the work used is not available in the desired fo rm, that the use is directly related to the disability 
and limited to its extent and is not for direct or indirect economic advantage. 
 
Subsection II 
Free use 
 
Article 48 
Right to information 
 
(1) In order to have free access to informa tion of public nature it shall be free: 
1. to reproduce works, which are capable of being s een or heard as a part of a current event that is 
being reported on;  2. to prepare and reproduce abstracts of published ne wspaper and similar articles in the form of press 
reviews; 
 
3. to reproduce public political speeches and public speeches made at hearings before state, religious 
or similar bodies;  4. to use the news of the day, which have the nature of a press release.  
(2) Provisions of the foregoing paragraph apply mu tatis mutandis to public  communications of the 
works mentioned therein.  (3) In cases stated in the foregoing paragraphs, th e source and authorship of the work must be 
indicated, if the latter is indicated on the work used. 
 
Article 49 
Teaching 
 
(1) For the purpose of teaching it shall be permissible to: 
1. publicly perform a disclosed work in the form of direct teaching; 
 
2. publicly perform a disclosed work at school events with free admission, on condition that the 
performers receive no payment for their performance;  3. rebroadcast a radio or television school broadcast. 
 
(2) In cases stated in the foregoing paragraph, th e source and authorship of the work must be 
indicated, if the latter indicated on the work used.  IP/N/1/SVN/C/2 
Page 16  
 
Article 49a 
Temporary reproduction  
 
Temporary acts of reproduction which are transient or incidental and an integral and essential part of a 
technological process and whose sole purpose is to enable a transmission in a network between third 
parties by an intermediary, or a lawful use of  a work, and which have no independent economic 
significance, shall be free.  
Article 50 
Private and other internal reproduction 
 
(1) Subject to Article 37, the reproduction of a disclo sed work shall be free, if made in no more than 
three copies and provided that the conditions of paragraphs 2 or 3 are fulfilled.  (2) A natural person shall be free to reproduce works:  
 
1. on paper or any similar medium by the use of a photographic technique or by some other process having similar effects; and  2. on any other medium if this is done for private u se, if the copies are not available to the public, and 
if this is not done for direct or indirect economic advantage. 
 
(3) Publicly accessible archives and libraries, museum s and educational or scientific establishments 
shall be free to reproduce, on any medium, works from their own copies for internal use, provided that 
this is not done for direct or indirect economic advantage.  
(4) Reproduction according to the foregoing paragra phs shall not permitted with respect to written 
works to the extent of the whole book, graphic editions of musical works, electronic databases and 
computer programs, and in the form of building of  architectural structures, unless otherwise provided 
by this Act or by contract. 
(5) Notwithstanding paragraph 4, it shall be perm issible, under the conditions of paragraph 1: 
 
1. to reproduce a written work to the extent of th e whole book, if such work is out of print for a 
minimum of two years;  2. to reproduce a graphic edition of musical work by means of handwritten transcription. 
 
Article 51 
Quotations 
 
(1) It shall be permissible to make quotations of parts of a disclosed work and of single disclosed 
photographs, works of fine arts, architecture, app lied art, industrial design and cartography, provided 
it is necessary for the purpose of illustration, argumentation or referral. 
 
(2) In cases stated in the foregoing paragraph, th e source and authorship of the work must be 
indicated, if the latter is indicated on the work used.  
Article 52 
Accessory works of secondary importance 
 
Such disclosed works that may be  regarded as accessory works of secondary importance with regard 
to the actual purpose of some material object, ma y be used freely while exploiting such object. 
  IP/N/1/SVN/C/2 
 Page 17 
 
 
Article 53 
Free transformations 
 
Transformation of a disclosed work is permissible: 
 
1. if it is a private or other internal transformati on, which is not intended for, and not available to the 
public;  2. if the work is transformed into a parody or caricature, provided this does not, or is not likely to, create confusion as to the source of the work; 
 
3. if the transformation is dictated by the purpose of the permitted use;  4. if the transformation is done in connection w ith permitted use and the author's objection to such 
transformation is unreasonable or in bad faith. 
 
Article 53a 
Databases 
 
(1) A lawful user of a disclosed database or of a copy thereof may freely reproduce or alter that 
database, if this is necessary for the purposes of  access to its contents and the normal use of those 
contents. Where the user is authorized only to a pa rt of the database, this provision shall apply only to 
that part.  (2) Any contractual provision contrary to th e preceding paragraph shall be null and void. 
 
Article 54 
Public exhibition or sale of artistic works 
 
(1) The organiser of a public exhibition or sale of arti stic works shall be free to  use such works to the 
extent necessary to promote the event, provided that  this is not done for direct or indirect economic 
advantage. 
 
(2) In cases referred to in paragraph 1, the source and authorship of the work shall be indicated if the 
latter is indicated on the work used.  
Article 55 
Works located in gen erally accessible premises 
 
(1) Works permanently placed in parks, streets, squares, or other generally accessible premises may 
be used freely.  (2) Works mentioned in the foregoing paragraph may not be reproduced in a three-dimensional form, 
used for the same purpose as the origin al work, or used for economic gain. 
 (3) In cases stated in paragraph (1) of this Article , the source and authorship of the work must be 
indicated, if the latter is indicated on the work used.  
Article 56 
Official proceedings 
 
The use of works shall be free if this is indispensable , in certain concrete cases, for the performance of 
tasks relating to public security or the performance of any official proceedings, such as proceedings in IP/N/1/SVN/C/2 
Page 18  
 
the National Assembly or National Council of the Repub lic of Slovenia, or judicial, administrative or 
arbitrary proceedings.  
Article 57 
Testing of equipment 
 
Workshops and shops that manufacture or sell phonograms, videograms, equipment for their 
reproduction or public communicati on and equipment for reception of broadcasts, may, in order to 
test their functioning at the time of manufacture or sale, freely reproduce and publicly communicate works, provided this is done only to the extent necessary for the purpose of testing. 
 
Section V 
Limitations on the duration of copyright 
 
Article 58 
Effect of the lapse of time 
 
On the expiration of the terms of protection of copy right, as set forth in this Section, the work ceases 
to enjoy copyright protection.  
Article 59 
General provision 
 
The copyright shall run for the life of the author and for 70 years after his death, unless otherwise 
provided by this Act. 
 
Article 60 
Co-authors 
 
If the work was created by a number of authors, th e term of protection mentioned in the foregoing 
Article, shall be calculated from the d eath of the last surviving co-author. 
 
Article 61 
Anonymous and pseudonymous works 
 
(1) Copyright in anonymous and pseudonymous wo rks shall run for 70 years after the lawful 
disclosure of the work. 
 
(2) When the pseudonym leaves no doubt as to the iden tity of the author, or if the author discloses his 
identity during the period referred to in the foregoing  paragraph, the term of protection shall be that 
laid down in Article 59 of this Act. 
 
Article 62 
Collective works 
 
In case of collective works, the copyright shall ru n for 70 years after the lawful disclosure of the 
work. 
 
Article 63 
Special term for certain undisclosed works 
 
When the term of protection under this Act does not run from the death of the author or authors, and 
the work was not lawfully disclosed within 70 year s from its creation, the copyright shall terminate 
with the expiration of this term.  IP/N/1/SVN/C/2 
 Page 19 
 
 
 
Article 64 
Serial works 
 
When, according to this Act, the term of protection is calculated from the day of lawful disclosure of 
the work, and the work is disclosed over a period of time in volumes, parts, sequels, issues, or series, 
the term of protection shall be calculated for each of these components separately. 
 
Article 65 
Collections 
 
(1) Insubstantial changes to the selection, adjustment  or arrangement of the contents of a collection 
shall not extend the term of protection in that collection. 
 
(2) "Insubstantial changes", within the meaning of  the foregoing paragraph, are additions, deletions, 
or alterations to the selection or arrangement of the contents of a collection, which are necessary in 
order that this collection may continue to func tion in the way it was intended by its author.  
 
Article 66 
The right of withdrawal 
 The right of withdrawal shall run for the life of the author. 
 
Article 67 
Calculation of terms  
 The terms of protection laid down in this Section sh all be calculated from the first day of January of 
the year following the year in which the ev ent which gives rise to them has occurred. 
 
Chapter III 
TRANSFER OF COPYRIGHT 
 
Section I 
General provisions 
 
Article 68 
Succession  
 
Copyright as a whole, with the exception of the right to withdrawal, is subject to succession. 
 
Article 69 
Non-transferability of copyright as a whole 
 Copyright as a whole cannot be transferred. 
 
Article 70 
Assignment of single rights 
 (1) An author may not assign his moral rights to other persons. 
 (2) An author may assign to other persons single econom ic rights and other rights of the author, either 
by contract or by another legal transaction recogni zed in law, unless otherwise provided by this Act. IP/N/1/SVN/C/2 
Page 20  
 
 
Article 71 
Execution 
 
(1) Copyright, unfinished works and undisclo sed originals are not subject to execution. 
 
(2) Only economic benefits deriving from copyright may be subject to execution. 
 
Article 72 
Legal capacity 
 
(1) Rights recognized by this Act to the author, in cluding the right to seek legal redress, belong to 
another right holder to the extent in which they are assigned to him by law or by legal transaction, 
unless otherwise provided by this Act.  
(2) Collecting societies referred to in this Act, trade union organisations and  professional associations 
established for the protection of copyright and relate d rights shall also have legal capacity to enforce 
protection of their members’ rights under this Act be fore courts and other bodies. They shall render 
account of all procedures to the members concerned.   
Section II 
General part of copyright contract law 
 
Article 73 
Scope of assignment 
 An assignment of single economic rights or other single rights of the author may be limited as to the 
extent, territory, or time.  
Article 74 
Exclusive and non-exclusive assignment 
 (1) A non-exclusive assignment gives an assignee the ri ght to exploit the work according to the terms 
of the assignment and in competition with  both the author and other assignees. 
(2) An exclusive assignment gives an  assignee the right to exploit th e work according to the terms of 
the assignment and to the exclusion of the author and any other person.  
(3) Non-exclusive assignment made prior to a subse quent exclusive assignment is valid and effective 
as to the assignee of the exclusive rights, unless ot herwise provided by the agreement between the 
author and the assignee of the non-exclusive rights.  
Article 75 
Presumptions as to the scope of assignment 
 
(1) Unless otherwise provided by law or contract, it shall be presumed that rights are assigned non-exclusively, that the assignment is  territorially limited to the Republic of Slovenia, and that the 
assignment is limited in its duration to the term customary for this category of works. 
 
(2) If it is not specified which single rights are assigned,  or to what extent a single right is assigned, it 
shall be presumed that only such rights, and only to such extent are assigned, as is essentially for the 
achievement of the intentions of the contract.   IP/N/1/SVN/C/2 
 Page 21 
 
 
Article 76 
The rule of separate assignments 
 
(1) An assignment of a single economic right or other single right of the author has no effect on the assignment of his other rights, unless otherwise provided by this Act or by contract. 
 
(2) An assignment of the right of reproduction of the work (Article 23), does not include the assignment of the right of its saving in electronic fo rm, or the right to its so und or visual fixation, 
unless otherwise provided by law or contract.  
(3) An assignment of the right of distribution of c opies of a work (Article 24), does not include the 
assignment of the right of importation of such copies, unless otherwise provided by law or by contract.  (4) When the right of rental of phonograms or videograms containing a copyright work is assigned 
(Article 25), the author retains th e right to an equitable remuneration for each such rental. An author 
cannot waive this right.  
Article 77 
Presumptions of joint assignment 
 (1) In case of assignment of the right of reproductio n of the work (Article 23), it shall be presumed 
that the right of distribution of copies of such wo rk (Article 24), has been also assigned, with the 
exception of the right of importation, unless otherwise provided by contract. 
 (2) In case of assignment of the right of broadcasting (Article 30), it shall be presumed that the 
broadcasting organization also acquired the right: 
 1. to make fixations of the work, on condition that  the broadcasting organization makes such fixations 
with its own facilities and for its own broadcasts,  that it broadcasts them only once, and that it 
destroys such fixations no later that one mont h after the broadcast (ephemeral fixations); and 
 
2. to deliver ephemeral fixations to a public arch ive if such fixations have exceptional documentary 
value. The broadcasting organization must immediately notify the author about this.  
Article 78 
Subsequent assignments 
 
(1) An assignee to whom an economic right or other author's right has been assigned, may not, 
without the consent of the author, further assign this  right to a third party, unless otherwise provided 
by contract. 
 
(2) Consent, mentioned in the foregoing paragra ph, is not required where subsequent assignment of 
the right is effected in consequence of corporat e changes, bankruptcy or liquidation of the assignee. 
 (3) Where subsequent assignment is allowed without the author's consent either by law or by contract, 
the initial and subsequent assignees are jointl y liable to the author for his claims. 
 IP/N/1/SVN/C/2 
Page 22  
 
Article 79 
Nullity 
 
Any contractual stipulation shall be considered null and void, if the author undertakes to assign with 
it:  
1. copyright in its entirety; 
 2. moral rights;  3. economic rights with respect to all his future works; 
 
4. economic rights with respect to yet unknown means of use of his work.  
Article 80 
Formality 
 
(1) All assignments of economic rights or other author 's rights, and all authorizations must be in 
writing, unless otherwise provided by law.  (2) In case of noncompliance with the formality, requi red in the foregoing paragr aph, all controversial 
or unclear stipulations shall be in terpreted in favour of the author. 
 
Article 81 
Royalty and remuneration 
 
(1) Where royalty or remuneration was not determin ed, it shall be determined by taking into account 
the usual fees for a particular category of works,  the scope and duration of  exploitation, and other 
circumstances of the case. 
(2) Where the profit derived from the exploitation of the work is in manifest disproportion to the 
agreed upon or determined royalty or remuneration,  the author may demand that the contract be 
revised, so that a more equitable share of the revenues is provided for him.  
(3) An author cannot waive the right mentioned in the foregoing paragraph. 
 
Article 82 
Accounting 
 (1) Where the royalty or remuneration is agreed to, or determined in proportion to the revenues 
derived from the exploitation of the work, the user  of the work must keep the books or other 
documentation necessary to determine the amount of such revenues. 
(2) The user of the work shall a llow the author to inspect the docum entary evidence mentioned in the 
foregoing paragraph, and shall se nd him adequate reports on the reve nues, both at usual intervals and 
to the necessary extent. 
 
Article 83 
Revocation of economic right 
 
(1) An author may revoke an assigned economic right, in case its exclusive holder exploits such right 
to insufficient extent or not at all, and the author's  valid interests are considerably adversely affected 
thereby. Author cannot revoke the right, if the reas ons for non-exploitation or insufficient exploitation 
originate preponderantly from his sphere.  IP/N/1/SVN/C/2 
 Page 23 
 
 
(2) The revocation mentioned in the foregoing paragr aph cannot be effected before the expiration of 
two years from the time of assignment of the econo mic right to a work. In case of contributions to 
daily newspapers, this term shall be three months , and in case of other periodical publications, the 
term shall be one year.  
(3) An author may exercise his revocation, accordin g to this Article, only after first giving the holder 
adequate additional time to comply with  the demand for sufficient exploitation. 
 (4) With the exercise of revocation, the economic right of the holder shall be extinguished.  
(5) Author cannot waive the right of revocation, as provided by this Article. 
 (6) If equity so requires, the author must adequately indemnify the holder.  
Article 84 
Authors' collective agreements 
 
Organizations of authors of individual categories of works and the users of  such works or their 
associations may in accordance with this Act: 
1. lay down general rules for the use of copyright works; 
 
2. conclude tariff agreements. 
 
Section III 
Special part of copyright contract law 
 
Subsection I 
Publishing contract 
 
Article 85 
Definition 
 (1) By a publishing contract the author undertakes to assign to the publisher the right of reproduction 
of his work in the form of printing, and the ri ght to distribute the copies of the work, while the 
publisher undertakes to pay the author an agreed  upon remuneration, and to reproduce and distribute 
the work. 
(2) A publishing contract with respect to a certain  work may also include the agreement on a club 
edition, pocket-book edition, periodical edition in instalments, the assignment of the right of 
translation, etc. 
 
Article 86 
Rights of an agent 
 An author's agent may conclude a publishing contr act only for such works as are expressly mentioned 
in his power of attorney. 
 IP/N/1/SVN/C/2 
Page 24  
 
Article 87 
Contents of the contract 
 
(1) The publishing contract shall specify, in particul ar, the type of assignment of rights, the scope and 
duration of the assignment of rights, territorial lim itations of rights, the time limit within which the 
publisher is required to publish the work, and the am ount of remuneration to be paid to the author. 
(2) If the royalties are fixed as a percentage of the retail price of the copies sold, the publishing 
contract must specify the minimum number of such copies of the first edition. Such provision is not necessary, if the contract provides for minimum royalties, which the publisher should pay to the 
author regardless of the actual number of copies sold. 
 
(3) If the royalties are set as a lump sum, the publis hing contract must specify the total number of 
copies to be printed. If this number is not specifi ed, and unless otherwise indicated by the purpose of 
the contract, standard terms, or general usage, the publisher may reproduce and distribute a maximum 
of 500 copies of the work. 
 
Article 88 
Presumption of exclusivity of assignment 
 
(1) During the period of validity of the publishing contract, the author may not assign the right of 
reproduction and the right of distribution of the work  in the same language to a third party, unless 
otherwise provided by contract. 
 (2) The right of reproduction and distribution of newspaper articles may be assigned by the author 
simultaneously to several users, unless otherwise provided by contract. 
 
Article 89 
Publisher's priority right 
 
(1) The publisher who has acquired the right to publish the work in a book form has, among equal offerees, the priority right to pu blish the work in electronic form. 
 
(2) The priority right, mentioned in the foregoing paragraph, shall run for the period of three years 
from the agreed upon date of publication of the wo rk. Publisher must give written notice within 30 
days of the acceptance of author's written offer.  
Article 90 
Improvements of the work 
 
Unless otherwise provided by contract, the publisher shall be required to allow the author to make 
improvements or other alterations to his work when  new editions are prepared, provided this does not 
involve excessive costs to the publisher and does not alter the character of the work. 
 
Article 91 
Destruction of work by force majeure 
 
(1) Where the work is destroyed by force majeure af ter its delivery to the publisher, the author is 
entitled to the remuneration that would have been due to him if the work had been published. 
(2) When a prepared edition is completely dest royed by force majeure before it was put into 
circulation, the publisher is entitled to prepare a ne w edition, and the author shall have the right to 
remuneration only for the destroyed edition.   IP/N/1/SVN/C/2 
 Page 25 
 
 
(3) When a prepared edition is partially destroyed by  force majeure before it was put into circulation, 
the publisher is entitled to reproduce, without paym ent of remuneration to the author, only such 
number of copies as were destroyed.  
Article 92 
Termination of contract 
 
(1) The publishing contract shall terminate:   1. if the author dies before the completion of the work; 
 
2. if the copies of all agreed upon editions are sold out;  3. if the term of the contract has expired;  
4. in other cases provided for by law or contract. 
 (2) The author may rescind the pub lishing contract if the publisher, after an edition is sold out, does 
not proceed to publish a new agreed upon edition with in three years of the date when the author 
requested it, unless otherwise provided by contract.  
(3) An edition shall be considered sold out, within  the meaning of the foregoing paragraphs, if the 
number of unsold copies is under 5% of the total edit ion, and in any case, if the number is less than 
100 copies.  (4) If the publisher does not publish the work within th e stipulated time limit, the author may rescind 
the contract and claim damages, in addition to the right to keep the remuneration received, or to 
demand payment of stipulated remuneration, as the case may be.  (5) If the time limit for publication of the work is not stipulated in the contract, the publisher shall be 
required to publish the work within reasonable time, but not later than one year from the date of the 
delivery of the work. 
 
Article 93 
Exception to the formality requirement 
 
Provisions of this Act, requiring a copyright contract  to be made in writing, shall not apply to the 
contract for the publication of articles, drawings  or notes in newspapers, magazines, and other 
periodicals.  
Article 94 
Destruction of copies 
 (1) If the publisher intends to dispose of the unsold copies of the work for pulping within the period of 
three years from the agreed upon date of publicati on of the work, unless longer period is provided by 
publishing contract, he should first offer them to th e author, at the price he would have obtained if 
copies were sold for pulping.  
(2) If the author does not purchase the offered copi es or purchases only part of them, the publisher 
may sell the remaining copies for pulping. 
 IP/N/1/SVN/C/2 
Page 26  
 
Subsection II 
Performance contract 
 
Article 95 
Definition 
 
By a contract of performance, an author undertakes to  assign to the user the right of public recitation, 
public performance or public staging of his work, wh ile the user undertakes to pay to the author the 
agreed upon remuneration and to recite, perform or stage the work. 
Article 96 
Content of contract 
 
The performance contract shall specify, in particular, the type of assignment of rights, the scope and 
duration of the assignment of rights, territorial limita tions of rights, time limit within which the work 
is to be performed, and the amount of re muneration to be paid to the author. 
Article 97 
Obligations of the user 
 
The user shall be required to allow the author to inspect the performance of the work, to provide for 
adequate technical conditions under which the work can be performed, and to send to the author the 
playbill, other printed materials,  and public reviews of the perfo rmance, unless otherwise provided by 
contract. 
Article 98 
Rescission of contract 
 
If the user does not perform the work  within the stipulated time, the author may rescind the contract 
and claim damages, in addition to the right to k eep the remuneration received or to demand payment 
of stipulated remuneration.  
Subsection III 
Contract for a copyright work made for hire 
 
Article 99 
Copyright works made for hire 
 
(1) By a contract for a copyright work made for hi re, an author undertakes to create a certain work 
and deliver it to the person ordering it, while th e latter undertakes to pay a fee to the author. 
 
(2) The person ordering the work may supervise th e process and give instructions, unless he is thereby 
interfering with the author's freedom of scientific or artistic expression.  (3) The author retains the copyright to a work for hire, with the exception of the right of distribution, 
unless otherwise provided by this Act or by contract. 
 
(4) To the contract for a copyri ght work made for hire, provisions concerning works contracts shall 
apply, unless otherwise provided by this Act.   IP/N/1/SVN/C/2 
 Page 27 
 
 
Article 100 
Collective copyright work 
 
(1) Collective copyright work is a work created  on the initiative and under the organization of a 
natural person or a legal entity orde ring it, by the collaboration of a large number of co-authors, which 
is published and used under the name of the pers on ordering it (e.g. encyclopaedias, anthologies). 
 (2) A special contract must be concluded for the purpose of creating a collective work. If the 
conditions mentioned in the fore going paragraph are not met, such contract is null and void. 
 
(3) It shall be deemed that the economic rights and other rights of the authors to a collective work are 
exclusively and without limitations assigned to  the person ordering the work, unless otherwise 
provided by contract. 
 
Subsection IV 
Employment 
 
Article 101 
Copyright work created in the course of employment 
 
(1) When copyright work is created by an employee in the execution of his duties or following the 
instructions given by his employer (copyright work created in the course of employment), it shall be 
deemed that the economic rights and other rights of the author to such work are exclusively assigned 
to the employer for the period of ten years from the completion of the work, unless otherwise 
provided by contract. 
(2) On the expiration of the term mentioned in th e foregoing paragraph, the rights mentioned in the 
foregoing paragraph revert to the employee, however, the employer can claim a new exclusive 
assignment of these rights, for adequate remuneration.  
Article 102 
Special rights 
 Irrespective of the provisions of the foregoing Article: 
 1. an employee retains the exclusiv e right to use a work, created in the course of employment, as part 
of his collected works; 
2. it shall be deemed that economic rights and othe r rights of the author to a database and to a 
collective work, are assigned exclusively and with out limitations to the employer, unless otherwise 
provided by contract. 
 
Chapter IV 
SPECIAL PROVISIONS FOR COPYRIGHT WORKS 
 
Section I 
Audiovisual works 
 
Article 103 
Definition 
 
Audiovisual works according to this Act, are cinemat ographic films, television films, animated films, 
short music-videos, advertising films, documenta ries and other audiovisual works, expressed by IP/N/1/SVN/C/2 
Page 28  
 
means of sequence of related moving images, with or  without incorporated sound, irrespective of the 
nature of the medium in which the said works are embodied.  
Article 104 
The right of audiovisual adaptation 
 
(1) The right of audiovisual adaptation is the exclusive right to transform or include a pre-existing work in an audiovisual work. 
(2) It shall be deemed that, by making a contract  of audiovisual adaptation, the author of a pre-
existing work had assigned to the film producer, ex clusively and without limitations, the right of 
transformation and inclusion of the pre-existing work  in an audiovisual work, his economic rights and 
other rights of the author in this audiovisual work, its translations, its audiovisual transformations and 
to photographs made in connection with the pro duction of the audiovisual work, unless otherwise 
provided by contract.  
(3) Regardless of the provisions of  the foregoing paragraph, the author of a pre-existing work shall 
retain:  1. the exclusive right to further transformation of  the audiovisual work into another artistic form; 
 2. the exclusive right to a new audiovisual adaptati on of the pre-existing work, however, only after the 
expiry of ten years from the making of the c ontract mentioned in the above paragraph; 
 3. the right to claim equitable remuneration from th e film producer for each rental of videograms of 
an audiovisual work.  
(4) Author of a pre-existing work cannot waive the rights mentioned in the foregoing paragraph. 
 
Article 105 
Co-authors of an audiovisual work 
 
(1) As co-authors of an audiovisu al work shall be considered: 
 
1. the author of the adaptation, 
 
2. the author of the screenplay, 
 3. the author of the dialogue,  
4. the director of photography, 
 5. the principal director,  6. the composer of music specifically cr eated for use in the audiovisual work. 
 
(2) If animation represents an essential element of th e audiovisual work, the principal animator shall 
be considered as co-author of that work.  IP/N/1/SVN/C/2 
 Page 29 
 
 
Article 106 
Authors of contributions to audiovisual work 
 
An animator and a composer of film music, who are not considered co-authors of an audiovisual work within the meaning of the foregoing Article, a sce nographer, a costumographer, a make-up artist, and 
an editor, shall all have authors' rights with respect  to their individual contributions to an audiovisual 
work (authors of contributions). 
 
Article 107 
Film production contract 
 
(1) The relationships between the film producer and th e authors of an audiovisual work and authors of 
contributions, as well as the relationships between  the authors themselves, shall be regulated by 
contract of film production, which according to this Act, shall be made in writing. 
 
(2) It shall be deemed that co-authors, by making a film production contract, have assigned to the film 
producer, exclusively and without limitations, all thei r economic rights and other rights of the author 
to an audiovisual work, its translation, its audi ovisual transformations, and photographs made in 
connection with this work, unless otherwise provided by contract.  (3) It shall be deemed that, by making a film production contract, authors of contributions have 
assigned to the film producer, exclusively and without limitations, the right to use their contributions 
for the purpose of completion of the audiovisual work.  (4) Regardless of the provisions  of the foregoing paragraphs: 
 
1. the co-authors retain the exclusive right to fu rther transformation of an audiovisual work into 
another artistic form;  2. the authors of contributions retain the right to use separately their contributions to an audiovisual 
work, unless the rights of the film producer are prejudiced thereby;  
3. the co-authors retain the right to claim equ itable remuneration from the film producer for each 
rental of videograms of an audiovisual work.  (5) Co-authors and authors of contributions ca nnot waive the rights mentioned in the foregoing 
paragraph. 
 
Article 108 
Royalty 
 
(1) Co-authors of an audiovisual work are en titled to a remuneration separately for each assigned 
economic right or other right of the author. 
(2) Film producer must at least once a year send to the co-authors of an audiovisual work a report on 
the revenues, separately for each authori zed form of exploitation of the work. 
 IP/N/1/SVN/C/2 
Page 30  
 
Article 109 
Completion of an audiovisual work 
 
(1) An audiovisual work shall be deemed comple ted when, according to the agreement between the 
principal director and the film producer, the first st andard copy of a work, which is the subject matter 
of the contract, is finished. 
 
(2) The master of the copy mentioned in the above paragraph must not be destroyed.  (3) Any changes to the copy of th e audiovisual work, mentioned in pa ragraph (1) of this Article, shall 
be permissible only after previous agreement between the film producer and the principal director has 
been reached.  (4) When any of the co-authors refuses to complete his contribution to the audiovisual work or if he is 
unable to do so owing to force majeure, he may not object to the use of his contribution already made 
for the purpose of completion of such work. Such  author shall have respective rights as to the 
contribution he has already made. 
 
Article 110 
Rescission of contract 
 
(1) If a film producer does not complete the audiovisual work within five years from the making of 
the film production contract, or if he does not dist ribute the completed audiovisual work within one 
year from the time of its completion, the co-authors may demand that the contract be rescinded, unless 
different term was stipulated in the contract. 
(2) In the case mentioned in the foregoing paragraph,  co-authors and authors of contributions retain 
the right to remuneration. 
 
Section II 
Computer programs 
 
Article 111 
Definition 
 
(1) Computer programs, within the meaning of this Act, are programs expressed in any form, 
including preparatory design materials for their creation.  
(2) Ideas and principles, which underlie any element of a computer program, including those which 
underlie its interfaces, are not protected.  (3) Computer programs shall be protected if they are individual works, in the sense that they are their 
author's own intellectual creations.  
Article 112 
Employment and works made for hire 
 
Where a computer program is created by an employ ee in the execution of his duties or following the 
instructions given by his employer, or where it is created by an author under a contract for a work 
made for hire, it shall be deemed that the economic  rights and other rights of the author to such 
program are assigned to the employer or person ordering the work, exclusively and without 
limitations, unless otherwise provided by contract.   IP/N/1/SVN/C/2 
 Page 31 
 
 
Article 113 
Rights of the author 
 
(1) Unless otherwise provided in Articles 114 and 115 of  this Act, the author of a computer program 
shall have the exclusive right, in particular: 
 
1. to make permanent or temporary reproductions of a computer program by any means and in any 
form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the 
computer program necessitate its reproduction, the author's permission shall be necessary for such acts; 
2. to make translations, adaptations, arrangements and any other alterations of a computer program 
and the reproduction of the results thereof, without prejudice to the rights of the person who alters the 
program;  3. to distribute the original of the computer program  or copies thereof in any form, including its rental. 
 
(2) The author may assign the rights mentioned in the foregoing paragraph to third persons also with a 
license agreement.  
Article 114 
Limitations of the scope of author's rights 
 
(1) Unless otherwise provided by contract, the acts referred to under items 1 an 2 of the foregoing 
Article, including error corrections, may be done by the lawful acquirer of the program without the 
authorization of the author, if they are necessary for the use of the computer program in accordance 
with its intended purpose. 
(2) A person having the right to use a computer progr am may, without the authorization by the author, 
make a maximum of two back-up copies of it, if that is necessary for its use.  
 (3) A person having the right to use a copy of a computer program shall be entitled, without the authorization by the author, to observe, study or test the functioning of a program in order to determine the ideas and principles that underlie an y element of the program, if he does so while 
performing any of the acts of loading, displaying, running, transmitting or storing the program which 
he is entitled to do.  (4) Provisions of this Act, relating to the right of withdrawal (Article 20), and to the private or other 
personal use (Articles 37 to 39, and Article 50), do not apply to computer programs. Computer 
programs may not be lent publicly (Article 36), unless otherwise provided by a contract between the 
author and the user.  (5) Contractual stipulations contrary to the provisions  of paragraphs (2) and (3 ) of this Article, shall 
be null and void. 
 
Article 115 
Decompilation 
 
(1) Reproduction of the code and translation of its  form, within the meaning of items 1 and 2 of 
Article 113 of this Act, shall not require the author ization of the author, where such reproduction or 
translation is indispensable to obtain the informa tion necessary to achieve the interoperability of an 
independently created computer program with othe r programs, or with hardware, provided that the 
following conditions are met:  IP/N/1/SVN/C/2 
Page 32  
 
1. that these acts are performed by the licensee or by another authorized user, or on their behalf, by a 
person authorized to do so;  2. that the information necessary to achieve interope rability has not been previously readily available 
to the persons referred to in foregoing item; 
 
3. that these acts are confined only to those parts of the pre-existing program which are necessary to 
achieve interoperability.  (2) The information obtained through the appli cation of the foregoing paragraph may not be: 
 
1. used for goals other than to achieve the interoperability of the independently created computer 
program;  2. given to others, except when necessary for th e interoperability of th e independently created 
computer program; 
 3. used for the development, production or market ing of another computer program substantially 
similar in its expression, or for any other act that infringes copyright. 
 (3) The provisions of this Article may not be interpre ted in such way as to allow its application to be 
used in a manner that unreasonably prejudices legitimat e interests of the author or conflicts with a 
normal use of the computer program.  (4) Contractual stipulations contrary to the pr ovision of this Article shall be null and void. 
 
Article 116 
Special measures of protection 
 
As infringements of copyright in a computer program shall be deemed the following acts of a person:  1. any distribution of a copy of a computer program , knowing or having reason to believe, that it is an 
infringing copy; or 
 2. the possession, for commercial purposes, of a copy of a computer program, knowing or having 
reason to believe, that it is an infringing copy.  
Article 117 
Application of other legal provisions 
 
The provisions of this Subsection shall be without prejudice to any other legal provisions on computer 
programs, such as those concerning patents, tradem arks, unfair competition, trade secrets, protection 
of semi-conductor products or the law of contract. 
  IP/N/1/SVN/C/2 
 Page 33 
 
 
Chapter V 
RELATED RIGHTS 
 
Section I 
Rights of performers 
 
Article 118 
Definition 
 
(1) “Performers” are actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in,  interpret, or otherwise perform copyright works or expressions of folklore. 
 (2) As performers within the meani ng of the above paragraph, shall be deemed directors of theatrical 
presentations, conductors of orchestras, choir director s, sound editors, and vari ety and circus artists. 
 
Article 119 
Representative of a group of performers 
 
(1) Performers who collectively take part in a perfo rmance, such as members of an orchestra, choir, 
dancing troupe, theatrical group or other similar ense mble, shall designate one of their members to be 
their representative for the grant of auth orizations necessary for the performance. 
 
(2) To take effect, such power of attorney shall be  in writing and shall require the majority consent of 
all members of the ensemble.  (3) Provisions of the above two paragraphs shall not  apply to conductors, soloists, and directors of 
theatrical performances. 
 
Article 120 
Moral rights of performers 
 
(1) The exclusive right of performers to have thei r name or other designati on mentioned in connection 
with the performance shall be enjoyed: 
 
1. where the performances are given by solo performers - to such performers; 
 2. where performances are given by ensembles of performers - to such ensemble as a whole, to the 
artistic director, and to the soloists. 
 (2) Performers have the exclusive right to object to any distortion and any other tampering with respect to their performance, as well as any use of thei r performance if such tampering or use could be 
prejudicial to their person. 
 
Article 121 
Economic rights of performers 
 
Performers shall have the exclusive right: 
 
1. to fix their live performance; 
 2. to reproduce the phonograms or videograms containing their performance;  IP/N/1/SVN/C/2 
Page 34  
 
3. to publicly transmit their live performance;  4. to broadcast their live performance;  5. to make available to the public the phonograms or videograms containing their performance; 
 
6. to distribute the phonograms or videograms containing their performance.  7. to rent phonograms or videograms containing their performance.  
Article 122 
The right to remuneration in case of public communication of a phonogram 
 
A performer shall have the right to participate in the remuneration received by the producer of a phonogram for public communication of a phonogr am in which his performance is fixed. 
 
Article 123 
The right to remuneration 
 
The performer shall have the right  to remuneration for the reproduction for private or other internal 
use, according to Article 37 (2) of this Act. 
 
Article 124 
Presumption of assignment 
 
(1) By entering into a contract for the film pr oduction, the performer shall be presumed to have 
assigned to the film producer, exclusively and w ithout limitations, all economic rights in his 
performance, unless otherwise provided by contract. 
 
(2) For each economic right which was assigned accor ding to the foregoing paragraph, the performer 
shall retain the right to demand equita ble remuneration from the film producer. 
 
(3) A performer cannot waive the right me ntioned in the foregoing paragraph. 
 
Article 125 
Completion of audiovisual work 
 When any of the performers refuses to complete his c ontribution to the audiovisu al work or if he is 
unable to do so owing to force majeure, he may not object to the use of his contribution already made for the purpose of completion of such work. Such performer shall have respective rights as to the 
contribution he has already made.  
Article 126 
Performance given in the course of employment 
 
Where a performance is given by an employee in the execution of his duties or following the instructions given by his employer (performance in the course of employment), the relationships with 
respect to such performance are governed by  a collective agreement or other contract. 
  IP/N/1/SVN/C/2 
 Page 35 
 
 
Article 127 
Terms of protection 
 
Rights of a performer shall run for 50 years afte r the date of the performance. If the fixation of 
performance was lawfully published or lawfully comm unicated to the public within this period, the 
rights of a performer shall run for 50 years fro m either the first publication or from the first 
communication, whichever occurred earlier.  
Section II 
Rights of producers of phonograms 
 
Article 128 
Producers of phonogram 
 
(1) Producer of a phonogram is a person or legal en tity, who or which takes the initiative and has the 
responsibility for the first fixation of the sounds  of a performance or other sounds, or the 
representations of sounds.  (2) Phonogram is a fixation of the sounds of a perf ormance or of other sounds , or of a representation 
of sounds, other than in the form of a fixation incorporated in an audiovisual work.  
(3) Fixation is an embodiment of sounds or of representations thereof on a medium, from which they 
can be perceived, reproduced or  communicated through a device. 
 
Article 129 
Rights of the producer of phonograms 
 
The producer of phonograms shall have the exclusive right: 
 
1. to reproduce his phonograms;  2. to transform his phonograms; 
 
3. to distribute his phonograms;  4. to rent his phonograms;  
5. the making available to the public of its phonograms. 
 
Article 130 
Right to remuneration for public communication of phonograms 
 
(1) If a phonogram published for commercial purposes or its copy is used for broadcasting or for any 
other communication to the public, the user shall pay the producer of phonograms a single equitable 
remuneration for each communication. 
(2) The producer of phonograms shall pay half the remuneration mentioned in the foregoing 
paragraph, to the performers whose performances  are fixed on the phonograms used, unless different 
shares are determined by the contract between  the producers of phonograms and the performers. 
 
(3) For the purposes of this Article, phonograms made available to the public by wire or wireless 
means in such a way that members of the p ublic may access them from a place and at a time IP/N/1/SVN/C/2 
Page 36  
 
individually chosen by them, shall be consider ed as if they had been published for commercial 
purposes.  
Article 131 
Right to remuneration 
 
The producer of phonograms shall have the right to remuneration for reproduction for private or other 
internal use, according to Article 37 (2) of this Act.  
Article 132 
Term of protection 
 
The rights of the producer of phonograms shall last for 50 years after the fixation is made. If the phonogram is lawfully published during this period , the rights shall last 50 years from such first 
publication. If no such publication has taken place,  but the phonogram has during this period been 
lawfully communicated to the public, the rights shal l last 50 years from such first communication to 
the public. 
 
Section III 
Rights of film producers 
 
Article 133 
Film producer 
 
A film producer is a natural person or a legal entit y, that in its own name and on its own, or on 
somebody else's account, organizes and manages the production of an audiovisual work or of a 
sequence of moving images, and has the responsibility for its completion. 
 
Article 134 
Rights of a film producer 
 
A film producer shall have the exclusive right: 
 
1. to reproduce his videograms;  2. to distribute his videograms;  
3. to rent his videograms; 
 4. to present his videograms to the public;  5. the making available to the public of its videograms . 
 
Article 135 
Right to remuneration 
 
A film producer shall have the right to remuneration for reproduction for private or other internal use, 
according to Article 37 (2) of this Act. 
 
Article 136 
Term of protection 
 
The rights of film producers shall run for 50 years from the time of the fixation. If a videogram is 
lawfully published or lawfully communicated to th e public within this period, the rights of a film  IP/N/1/SVN/C/2 
 Page 37 
 
 
producer shall run for 50 years from the date of first publication or first communication to the public, whichever occurred earlier. 
 
Section IV 
Rights of broadcasting organizations 
 
Article 137 
Rights of a broadcasting organization 
 
A broadcasting organization shall have the exclusive right:  
 
1. to rebroadcast its broadcasts;  2. to secondary broadcast its broadcasts if such communication is made in places accessible to the 
public against payment of an admission; 
 
3. to fix its broadcasts;  4. to reproduce the fixations of its broadcasts;  5. to distribute the fixations of its broadcasts; 
 
6.the making available to the public of its broadcasts.  
Article 138 
Term of protection 
 
The rights of broadcasting organizations shall run for 50 years from the date of the first broadcast. 
 
Section V 
Rights of publishers 
 
Article 139 
Right to remuneration 
 
(1) Publishers shall have the right to remuneration for reproduction for private or other internal use, 
according to Article 37 (3) of this Act. 
 
(2) The right mentioned in the foregoing paragraph shall run for 50 years from the lawful publication 
of the work. 
 
Article 140 
Unpublished works in public domain 
 
(1) A person who for the first time lawfully pub lishes or communicates to the public a previously 
unpublished work in which the copyright has expired,  shall enjoy the legal protection equal to that 
granted by economic rights and other rights of the author under this Act.  
(2) The rights mentioned in the foregoing paragraph shall run for 25 years from the date of the first 
lawful publication or communication to the public of the work.  IP/N/1/SVN/C/2 
Page 38  
 
Article 141 
Critical and scientific editions of works in public domain 
 
(1) A person who prepares the edition of a work in  which the copyright has expired, which is the 
result of a scientific endeavours a nd which is essentially different form known editions of this work, 
shall enjoy the legal protection equal to that grante d by economic rights and other rights of the author 
under this Act. 
(2) The rights mentioned in the foregoing paragraph shall run for 30 years from the date of the first 
lawful publication of the work.  
Section VI 
Rights of makers of databases 
 
Article 141a 
Databases 
 
(1) A database shall mean a collection of independen t works, data or other materials in any form, 
arranged in a systematic or methodical way and individually accessible by electronic or other means, whereby either the obtaining, verification or presen tation of its contents de mands a qualitatively or 
quantitatively substantial investment.  
(2) The protection of a database or its contents sha ll apply irrespective of their protection by copyright 
or by other rights. The inclusion of a material into a database and its use shall be without prejudice to rights existing in respect of that material.  
Article 141b 
Scope of protection 
 
(1) Protection of a database under this Section shall apply to: 
1. the whole contents of a database, 
 2. every qualitatively or quantitatively substantial part of its contents, 
 
3. qualitatively or quantitatively insubstantial parts of its contents, when they are used repeatedly and 
systematically, which conflicts with a normal e xploitation of that database or which unreasonably 
prejudice the legitimate interests of the maker of the database.   
(2) Protection under this Section shall not apply to computer programs used in the making or 
operation of electronic databases. 
 
Article 141c 
Rights of the maker of databases 
 
The maker of a database shall have the exclusive right: 
 1. to reproduce his database,  2. to distribute copies of his database, 
 
3. to rent copies of his database,  4. to make available to the public his database,  IP/N/1/SVN/C/2 
 Page 39 
 
 
 5. to other forms of communication to the public of his database. 
 
Article 141d 
Rights and obligations of lawful users 
 
(1) A lawful user of a disclosed database or a copy thereof shall free to use qualitatively or 
quantitatively insubstantial parts of its contents for any purposes whatsoever. Where the user is 
authorized to use only a part of the database,  this Article shall apply only to that part. 
 
(2) A lawful user of a disclosed database or a copy  thereof may not perform acts which conflict with a 
normal exploitation of that database or which unrea sonably prejudice the legitimate interests of the 
maker of the database.  (3) A lawful user of a disclosed database or a copy  thereof may not cause prej udice to the copyright or 
related rights in respect of the works or subject matter contained in that database. 
 (4) Any contractual provision contrary to  this Article shall be null and void. 
 
Article 141e 
Employment and contracts for hire 
 
Where a database is made by an employee in the exec ution of his duties or following the instructions 
given by his employer, or where it is made by a pe rson under a contract for hire, it shall be deemed 
that the exclusive rights to su ch database are exclusively and without limitations assigned to the 
employer or to the ordering party, unless otherwise provided by contract. 
 
Article 141f 
Term of protection 
 
(1) The rights of a maker of databases shall last for 15 years after the completion of the making of the database. If the database is lawfully disclosed within  this period, the rights shall last 15 years from 
such first disclosure. 
 (2) Any qualitatively or quantitatively substantial change to the contents of a database, which results 
in a qualitatively or quantitativel y substantial new investment, shall qualify the database resulting 
from that investment for a new term of protection. A substantial change of contents includes also the 
accumulation of successive additions, deleti ons or alterations of the database. 
 
Article 141g 
Limitations to the right of the maker 
 
(1) Lawful users of a published database shall be free to use a substantial part of its contents: 
 
1. for the purposes of teaching, provided that  the conditions of Article 49 are fulfilled; 
 
2. for private or other internal use of the cont ents of a non-electronic database, provided that the 
conditions of Article 50 are fulfilled.  
  
(2) The use of the database shall be  free if this is indispensable, in particular concrete cases, for the 
performance of tasks relating to public security or th e performance of any official proceedings such as 
proceedings in the National Assembly or National Council of the Republic of Slovenia, or judicial, 
administrative or arbitrary proceedings. 
 IP/N/1/SVN/C/2 
Page 40  
 
Chapter VI 
MANAGEMENT AND ENFORCEMENT OF RIGHTS 
 
Section I 
General provisions 
 
Article 142 
Author and agent 
 
The author may personally manage his author's rights, or he can do so through an agent. 
 
Article 143 
Individual and collective management of rights 
 
Authors' rights may be managed singly (individually),  that is separately for each copyright work; or, 
when this Act so provides, they may be managed jo intly (collectively), that is for a number of works 
of several authors at the same time.  
Article 144 
Scope of agency 
 (1) Management of authors' rights through an agent includes: 
 1. representing authors in their legal transactions and relations with persons who use or commission 
their works, including collection of royalties or other remunerations;  
2. representing authors in legal proceedings before  courts or other bodies, for the purpose of 
protecting their authors' rights.  (2) When an author enforces his rights before a cour t or another State body through an agent, who is a 
natural or legal person, such agent is entitled to  claim a fee for his services and reimbursement of 
expenses incurred in connection with these servic es according to the agent’s schedule of fees, 
provided that he fulfils the conditions for the repr esentation before courts or other State bodies or, 
where the agent is a legal person, that an authori zed employee of such agent fulfils those conditions. 
Agent's schedule of fees is adopted by the agent or  an association of agents, and approved by the 
Minister of Justice.  
Article 145 
Related rights 
 
Provisions of this Chapter relating to copyright, shall apply mutatis mutandis to related rights. 
 
Section II 
Collective management 
 
Article 146 
Activities of collecting societies 
 
(1) Collecting societies shall be legal entities that, on  the basis of the authorisation of the competent 
authority, on a non-profit basis and as their sole purpose, on the basis of author’s authorisation or this Act, under their name and for author’s account:  1. allow the use of repertoire of protected works under the similar rules for similar uses; 
  IP/N/1/SVN/C/2 
 Page 41 
 
 
2. inform users of the amounts of proposed rem unerations and conclude with them agreements 
concerning the conditions of the use protected works;  3. publish the tariffs for the payment of remunerations;  
4. conclude agreements with foreign collecting societies; 
 5. monitor the use of works of their repertoire;  6. recover remunerations and authors’ royalties; 
 
7. distribute collected means to right holders in accordance with adopted rules of distribution; and  
 7. enforce the protection of authors' rights before courts and other State bodies, provided that they render account to the author for the rights so enforced. 
 
(2) Collecting society may entrust the administ rative work in connection with the collective 
management of rights to another collecting society or to a corporation. 
 
Article 147 
Mandatory collective management 
 
Collective management of authors' rights shall be allowed with respect to already disclosed works, 
and mandatory in the following cases:  1. communication to the public of non-theatrical musical works and literary works (small rights); 
 
2. resale of originals of works of fine arts (resale right);  3. reproduction of works for private or other in ternal use and its photocopying beyond the scope of 
Article 50;  
4. cable retransmission of works, except in respect of broadcasters' own transmissions, irrespective of 
whether the rights concerned are their own or have  been assigned to them by other right holders. 
 
Article 148 
Request for issuance of authorisation  
 
The Office shall grant authorisation referred to in  Article 146 upon written request of a legal entity. 
The request shall be accompanied by:  1. a statute which defines bodies, and authority thereof, for the execution of tasks of a collecting society referred to in Article 146; 
 
2. indication of persons who are entitle d to represent the collecting society; 
 3. indication of the number of persons who entruste d the collecting society with the management of 
authors' rights in their works gathered into a repertoire; 
 
4. the evaluation of economic importance of those rights for the efficiency of management.  IP/N/1/SVN/C/2 
Page 42  
 
Article 149 
Grounds for refusal 
 
(1) The competent authority shall not issue authorisation if:  
1. the statute of the collecting society does not comply with the provisions of this Act; or 
 2. the material basis of the collecting society does no t ensure the forecast efficiency of management of 
authors' rights.  
(2) When assessing the material basi s of the collecting society referred to in item 2 of the foregoing 
paragraph, the following, in particular, shall be considered: the number of authors who have 
authorised the collecting society to manage their righ ts, the total number of th eir works, the extent of 
the exploitation of works or the volume of potentia l users of such works, means and ways whereby 
the collecting society proposes to carry out its activ ity, its capability to manage the rights of foreign 
right holders, estimate of the anticipated amount of collected remunerations, and the costs of 
operation of the collecting society.  
Article 150 
Issuance of the authorisation 
 (1) In the proceeding for the grant of authori sation the Act regulating general administrative 
procedure shall apply. There shall be no appeal ag ainst a decision or order issued by the competent 
authority, however, an action in the administra tive litigation proceedings may be filed with the 
Administrative Court which shall decide on the case at its seat.  
(2) Notification of the final decision concerning the authorisation shall be published in the Official 
Gazette of the Republic of Slovenia. 
 
Article 151 
Contract with the author 
 (1) The collecting society shall manage authors' ri ghts on the basis of a contract concluded with the 
author. The contract shall include, in particular, the author’s authorisation for management of his 
rights, type of works and rights to be managed, and the duration of the contract, which shall not 
exceed five years, following which it can be ex tended for additional periods of five years. 
 
(2) During the period when the management of rights is  transferred to a collecting society, either by 
law or by contract, the author cannot individually manage those rights.  (3) The rights referred to in Article 147 may be ma naged by a competent collecting society without a 
contract with the author.  
(4) Rights under item 1 of Article 147 can exceptionally  be managed individually if in a performance 
the main performer is at the same time the holde r of the author’s right in all works executed.  
 
Article 152 
Obligation to manage rights collectively 
 
A collecting society shall not refuse to manage authors'  rights in the field of its activity if so requests 
the author who is the citizen of the Republic of Sl ovenia or the European Union Member State, or has 
his residence or seat in the Republic of Slovenia.  IP/N/1/SVN/C/2 
 Page 43 
 
 
 
Article 153 
Rules for the distribution of revenue 
 
(1) A collecting society shall use the revenue of its  activity for remunerations and for operating costs, 
in accordance with the annual plan adopted by its assembly. 
 (2) A collecting society shall distribute remunera tions according to the rules of distribution. 
 (3) The principles of distribution shall be set forth in the statute of the collecting society and shall 
exclude any possibility of arbitrariness. 
 
Article 154 
Special case of distribution 
 
(1) Of the remunerations collected according to Article 37(2), authors shall receive 40 %, 
performers 30 %, and producers of phonograms or film producers 30 %.  (2) Of the remunerations collected according to  Article 37(3), authors and publishers shall 
receive 50 % each. 
 
Article 155 
Obligation to furnish information  
 
Collecting society shall be required, upon written requ est of any person, to provide information as to 
whether it manages rights on behalf of an author, and under what conditions. 
 
Article 156 
Inclusive agreements 
 
(1) Collecting societies shall conclude with repr esentative associations of users, who use protected 
works from their repertoire in a ccordance with this Act, inclus ive agreements concerning, in 
particular, the conditions and the manner of such  use, as well as the amount of remuneration. 
 (2) “Representative associations” sh all mean associations which represent the majority of users in a 
certain field of activity, in a certain part of such field or in groups of activities.  
(3) The basis for the calculation of the amount of remuneration shall be mone tary advantage obtained 
by the user for his activity in wh ich protected work from their repertoire of the collecting society are 
exploited.  (4) In establishing the amount of remuneration, the va lue of protected work for the activity of the user 
shall be taken into account. 
 
(5) When assessing monetary advantage, an appropriate part of revenue or costs of the user of rights 
shall normally be taken as the basis, taking into acco unt mutually agreed criteria. When the advantage 
is not revealed in the revenue, the collecting society and the user may establish other criteria. 
 
(5) Collecting societies and RTV Slovenia may est ablish other criteria for the establishment of the 
amount of remuneration.  IP/N/1/SVN/C/2 
Page 44  
 
Article 157 
Tariffs 
 
(1) Collecting society shall adopt tari ffs for the use of authors’ works. 
 
(2) Where an agreement referred to in Article 156 has been concluded, the tariff shall be the 
remuneration agreed upon in such agreement.   (3) Collecting society shall publish the tariffs referred to in paragraph 1 in the Official Gazette of the 
Republic of Slovenia. 
 
(4) Until the conclusion of the agreement, collecti ng societies may claim remunerations which they 
fix taking into account the criteria under Article 156(3) , (4) and (5). The claim for remuneration shall 
be supported by reasons.   
Article 158 
Obligation to contract   
 
(1) The user of works from the repertoire of a collecting society may request, at any time, the 
conclusion of a contract for the non-exclusive assignme nt of rights for the use of authors’ works in 
accordance with the valid tariff. Coll ecting societies may refuse such a request insofar as they have an 
objective reason to do so, such as a history of non-payment on the side of the user. 
 (2) Should parties fail to conclude a contract for the non-exclusive assignment of rights for the use of protected works, the right shall be deemed to have been assigned if the user deposits in the account of 
the collecting society, or with a court or notary, the amount demanded by the collecting society 
according to the valid tariff.  
 
Article 159 
Obligation of users to provide information  
 
(1) Organizers of public entertainments, and other user s of protected works, shall acquire the rights of 
public communication, in case where authorization is required under this Act, prior to such use, and 
shall submit to the competent collectin g society the list of all works u sed within fifteen days after the 
use.  (2) On request of the author, or of the collecting so ciety, the competent author ity for internal affairs 
may prohibit the public performance, presentation or  other use of a protected work, in case the 
organizer failed to previously acquire the ri ghts referred to in the foregoing paragraph. 
 (3) Broadcasting organizations sha ll monthly submit to the competent collecting society a list of all 
broadcast copyright works.  
(4) Users of protected works, who exploit such  works under this Act without the non-exclusive 
assignment of rights, shall monthly submit to th e competent collecting society the information 
regarding such exploitation.  (5) Persons referred to in Article 35 shall submit to  the competent collecting society the information 
which is necessary for the calculation of the remu neration due, such as type and number of sold 
originals, liable persons and retail price net of tax, within 30 days after the sale of the original of a 
work of fine art.   IP/N/1/SVN/C/2 
 Page 45 
 
 
Article 160 
Supervision by members 
 
(1) Each member of the collecting society may dema nd to receive, in the time limit provided for in the 
statute, the annual financial report and the re port of the supervisory board, for inspection. 
 
(2) At least ten full members of a collecting so ciety may demand that one or more independent 
experts inspect the operation of the society.  
Article 161 
Annual reports and audits 
 
(1) Within three months following the end of each accounting year, the collecting society shall adopt 
or acquire:  
1. annual reports of administrative and supervis ory bodies on collected remunerations, distribution 
thereof, operation of the collecting society an d implementation of inclusive agreements and 
agreements with foreign collecting societies;  2. the report of auditing company on the auditing of financial statements and operation of the 
collecting society in the accounting year, together wi th the opinion on regularity of the operation and 
its conformity with laws  and other regulations; 
 3. the opinion of administrative and supervisory bodies on the report and opinion referred to in the 
foregoing item;  
4. measures in the event of the aud itor’s opinion on its irregularity; 
 5. proposal for the financing plan and operating costs of the collecting so ciety for the coming year. 
 (2) Provisions of this Article shall be without prejudice to obligations of collecting societies which they have with respect to financial reports  and audits pursuant to other regulations. 
 
Article 162 
Supervision by the competent authority 
 
(1) The competent authority sha ll supervise whether collecting so cieties execute their tasks in 
compliance with the provisions of this Act. 
(2) The competent authority shall revoke authorisati on for collective management of authors' rights if 
circumstances occur which would have been a cause for the refusal of the authorisation, or if the 
collecting society seriously or repeatedly violates th e provisions of this Act. Prior to revocation, the 
competent authority shall notify the collecting society of the reasons and give it a time limit of no less than 30 days to remove the cause for revocation.  The revocation shall become effective on the 30
th 
day following its publication in the Official  Gazette of the Republic of Slovenia. 
 (3) The competent authority may, at all times, demand from a collecting society reports on business 
matters and inspection into their books and other bu siness papers to the extent necessary, following a 
reasoned and detailed written request to exam ine the issue specified in the request.  
 
(4) Collecting societies shall inform the competen t authority of any change concerning the persons 
entitled by law or statutes to represent them. IP/N/1/SVN/C/2 
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(5) Collecting societies shall submit to th e competent authority, in particular: 
1. any amendment to the statute; 2. inclusive agreements with associations of users; 3. tariffs and any alterations thereof; 
4. agreements with foreign collecting societies; 
5. resolutions of the assembly; 6. annual reports and auditors’ report. 
 
Article 163 
Mediation 
 
(1) Collecting societies and representative associati ons of users may propose, on the basis of a 
mediation agreement, mediation in a dispute:   
1. concerning conclusion of an inclusive agreement;  
 2. concerning conclusion of an agreement for cable retransmission of broadcasts;  3. under Article 166c(2).  
(2) The mediator shall be independent, im partial and not bound by instructions. 
 (3) The mediator shall ensure that parties conduc t negotiations in good faith and do not hinder them 
without valid justification.  
(4) The mediator may submit proposal to parties concerning the settlement of the dispute. The 
settlement proposal shall be deemed to have been  accepted if the parties conclude an inclusive 
agreement or agreement for cable retransmission w ithin three months following the receipt of the 
proposal.  (5) The secrecy shall be ensured in the mediation procedure.  
 
(6) The parties shall jointly choose the mediator  from the list of mediators appointed by the 
Government of the Republic of Slovenia on the proposal of the Minister of Economy.  (7) The competent authority shall provide  administrative assistance to mediator. 
 
(8) The parties shall remunerate the mediator for his work.  (9) The Government of the Republic of Slovenia sha ll define with a decree, in greater detail, the 
mediation procedure, as well as the degree and kind of  education of the mediator, and other conditions 
that he has to fulfil.   IP/N/1/SVN/C/2 
 Page 47 
 
 
Article 163a 
Arbitration 
 
(1) Collecting societies or representative associa tions of users may request, on the basis of an 
arbitration agreement, that an arbitrator or a th ree-member arbitration panel shall decide on the 
contents of the inclusive agreement referred to in Article 156 if the inclusive agreement has not been 
concluded within four months following the begi nning of negotiations. Negotia tions shall be deemed 
to have begun when the collecting society or re presentative association of users invites the opposite 
party in writing to negotiate with a view  to conclude an inclusive agreement. 
 
(2) The parties to arbitration shall choose the arbitr ator(s) from the list of arbitrators established by the 
Government of the Republic of Sl ovenia on the proposal of the Minister in charge of economy and the 
Minister in charge of culture. If the parties are una ble to agree on the arbitrator(s), each party shall 
appoint one arbitrator and the appointed arbitrators shall appoint a new arbitrator. The arbitrator shall be independent and impartial. 
 
(3) No appeal shall lie against the arbitration decision. The arbitration decision shall replace the 
inclusive agreement. Collecting societies and represen tative associations of users shall be obliged to 
conclude appropriate contracts on non-exclusive assignment of rights in accordance with the 
arbitration award.  
(4) The parties shall bear the cost of arbitration procedure, including the remuneration for the 
arbitrator or arbitration panel. 
 
(5) The competent authority shall provide admini strative assistance in arbitration procedure. 
 
(6) Except as otherwise agreed by the parties, th e arbitration procedure shall be governed by 
provisions of a decree with which the Government of  the Republic of Slovenia has defined, in greater 
detail, the arbitration procedure under this Article, the cost of the procedure and conditions that the 
arbitrator has to fulfil, hereinaf ter referred to as "the decree". 
 (7) Beside criteria referred to in Article 156, the ar bitrator or arbitration panel may take into account 
also other criteria proposed by the parties or th e arbitrator or arbitration panel respectively. 
 (8) The annulment of the arbitration award may be requested if:  1. any provision of this Act, the arbitration agr eement or of the decree regarding the composition of 
the arbitration has been violated; 
 2. an arbitrator has participated in the arbitr ation procedure who should have been disqualified 
pursuant to provisions of the Act regulating civil procedure; 
3. a party to arbitration has been denied the opport unity to participate in the arbitration procedure; 
 
4. a party has participated in the arbitration proce dure who could not have been a party to arbitration 
pursuant to provisions of this Act;  5. the sentence of the arbitration award is incomprehe nsible or self-contradictory, or the award fails to 
contain a statement of reason, despite the request by a party to arbitration; 
 
6. the arbitration award is not signed by the ar bitrator or all members of arbitration panel; 
 7. the arbitrator or arbitration panel has transgressed the limits of power;  IP/N/1/SVN/C/2 
Page 48  
 
8. the arbitration award is contrary to the provisions of this Act;  9. the arbitration award has been rendered due to a criminal offence of a witness, expert, arbitrator, a party to arbitration, a party’s statutory representa tive or approved agent, or of any other person 
participation in the arbitration procedure, or  has been based upon a forged document or upon a 
document certifying false facts. 
 (9) The action for annulment of the arbitration aw ard shall be filed with the court of competent 
jurisdiction within thirty days following the service of the award on the party to arbitration, except in 
the case referred to in paragraph 8 (9.), where this period shall start running on  the day when the party 
has been rendered the opportunity to use a final j udgment of the competent court. The proceedings 
shall be expeditious. 
 
Chapter VII 
PROTECTION OF RIGHTS 
 
Section I 
General provisions 
 
Article 164 
Persons entitled to protection 
 
(1) The person whose rights under this Act were  infringed (the right holder), may demand the 
protection of his rights and claim restitution from th e infringer (the infringer), according to the rules 
on damages, unless otherwise provided by this Act.  
(2) The same protection may be claimed by a right holder, when there is apparent danger that an 
infringement of the rights under this Act will occur.  
Article 165 
Joinder of parties 
 (1) When there are more right holders of a right granted by this Act, each of them may claim the 
protection of this right in its entirety. 
(2) When there are more infringers of a right granted by this Act, each of them is liable for total 
damages.  
Article 166 
Protection of rights-management information 
 
(1) It shall be deemed that a person infringes the ex clusive rights granted by this Act, when it commits 
any of the following acts by which it induces, enable s, facilitates or conceals the infringements of the 
rights under this Act: 
 
1. the removal or alteration of any electronic rights-management information;  2. the reproduction, distribution, importation for dist ribution, rental or communication to the public of 
a copyright work or subject matter of related right s, where electronic rights -management information 
has been removed or altered without authority. 
 (2) Rights-management information as mentioned in the foregoing paragraph, means any information 
provided by rightholders on the identification of the subject matter of rights, the author, the 
rightholder, the terms and conditions for use, and th eir relevant numbers and codes, when they are  IP/N/1/SVN/C/2 
 Page 49 
 
 
indicated on a copy of a copyright work or subject matter of related rights or when they appear in connection with their communication to the public.« 
 
Article 166a 
Technological measures 
 
(1) It shall be deemed that a person infringes the exclusive rights granted by this Act, when he 
circumvents effective technological measures designed to protect authors’ works or subject matters of 
related rights.  
(2) It shall be deemed that a person infringes the exclusive rights granted by this Act, when he 
manufactures, imports, distributes, sells, rents, advertises for sale or rental, or possesses for commercial purposes technologies, devices, products, components or computer programs or provides 
services which:  
1. are promoted, advertised or marketed for the purpose of the circumvention of effective 
technological measures, or  2. have only a limited commercially significant purpo se or use other than to circumvent effective 
technological measures, or  
3. are primarily designed, produced, adapted or pe rformed for the purpose of enabling or facilitating 
the circumvention of effective technological measures.   (3) “Technological measures” within the meaning of th is Article shall mean any technology, device, 
product, component or computer program or other me asure that, in the normal course of its operation, 
is designed to prevent or restrict acts which are not authorised by the holder of rights under this Act. 
These measures shall be deemed effective where the use of a copyright work or subject matter of 
related rights is controlled by the right holders th rough application of an access control or protection 
process such as encryption, scrambling or other transformation of the work, or a copy control mechanism, which achieves the protection objective. 
 
(4) This Article shall apply mutatis mutandis also  to any technology, device, product, component or 
computer program by which electronic rights-manage ment information referred to in Article 166 is 
removed or altered.  (5) The acts referred to in foregoing paragraphs sha ll not be deemed infringements if they are carried 
out in certain special cases of performance of tasks rela ting to public security, or in order to ensure the 
correct execution of any official proceedings, such as proceedings in the National Assembly or National Council of the Republic of Slovenia, or ju dicial, administrative or arbitrary proceedings. 
 
Article 166b 
Obligation to use markings 
 
In the case of technological measures pursuant to th e provisions of this Act, the right holder or 
importer shall be bound put a clearly visible marking on each copy of a copyright work or subject matter of related rights manufactured or im ported for commercial purposes, indicating: 
 
1. information concerning the technolog ical measure and its effects, and 
 2. his firm and address in order to ensure an  effective implementation of Article 166c(1). 
 IP/N/1/SVN/C/2 
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Article 166c 
Enforcement of the limitations to rights 
 
(1) The right holder who uses technological measures pur suant to this Act, shall make available to the 
persons having legal access to th e subject matter of rights, at their request and without delay, 
appropriate means on the basis of which they can enforce the limitations to copyright and related 
rights listed in paragraph 3.  (2) If the right holder fails to secure the means referr ed to in paragraph 1, the persons concerned may 
request a mediation in the dispute. 
 
(3) Limitations to rights pursuant to paragraph 1 sh all be provided, under cond itions laid down by this 
Act, including eventual payment of remuneration, in the following cases: 
 1. use for the benefit of people with a disability (Article 47a); 
 
2. use for the purpose of teaching (Article 49); 
3. private and other internal reproduction (Article 50); 
 4. performance of official proceedings (Article 56); 
5. ephemeral recordings made by broad casting organisations (Article 77(2)). 
(4) Paragraphs 1, 2 and 3 shall not apply to technological measures that are used for: 
 1. fulfilment of a right holder’s obligation under pa ragraph 1 and the implem entation of agreements 
concluded for this purpose;  
2. protected works that are used , on the basis of an appropriate contract, within the meaning of 
Article 32a.  
Section II 
Judicial protection 
 
Article 167 
Claims 
 
(1) When the exclusive rights granted by this Act were infringed, the right holder may claim that: 
 
1. the infringement already commenced and future infringements be prohibited; 
 2. the objects of infringement be recalled from th e channels of commerce, taking account of the 
interests of bona fide third parties;   3. the situation caused by the infringement be rectified; 
 
4. the objects of infringement be irrevocab ly removed from the channels of commerce; 
 5. the objects of infringement be destroyed;  
6. the means of infringement that are owned by the infringer and intended or used exclusively or 
principally for infringement be destroyed;  IP/N/1/SVN/C/2 
 Page 51 
 
 
 7. the objects of infringement be surrendered to the right holder against the reimbursement of the costs 
of their production;  8. the judgment be published. 
 
(2) In deciding on the claims referred to in paragrap h 1(2.) to (7.), the court shall take account of the 
circumstances of the case, in particular proportiona lity between the seriousness of the infringement 
and the claim, as well as the interest of the right holder to ensure an effective protection of rights. 
Provisions of paragraph 1(3.) and (5 .) shall not apply to architectural buildings, unless the destruction 
of the building is dictated by the circumstances of the case. 
 (3) In proceedings against a person whose services have been used to infringe the right, and the 
existence of such infringement has already been fi nally established in proceedings against the third 
party, the infringement shall be presumed to exist. 
Article 168 
Compensation for damage and punitive damages 
 
(1) For infringements under this Act, general rules governing causation of damage  shall be applicable, 
unless otherwise provided by this Act.  
(2) The infringer shall pay to the right holder damage s in the amount to be de fined under general rules 
on compensation for damage, or in the amount which is equal to agreed or customary royalty or remuneration for legitimate use of such kind.  (3) If a right under this Act was infringed intentiona lly or by gross negligence, the right holder may 
claim the payment of agreed or customary royalt y or remuneration for such use, increased by up 
to 200 %, irrespective of whether he suffered act ual pecuniary damage because of such infringement. 
(4) When deciding on the claim for the award of  punitive damages and setting of their amount, the 
court shall take into account all circumstances of th e case, and in particular, the degree of culpability 
of the infringer, the amount of agreed or customar y remuneration, and the achievement of a general 
preventive purpose sought by the award of punitive damages. 
 
(5) In case that the actual damage is in excess of the amount of punitive damages mentioned in the 
paragraph 4, the right holder has a right to  claim the difference to full actual damages. 
 
Article 169 
Monetary satisfaction for non-material damage 
 
Irrespective of any pecuniary damages recovered, or even if there is no material loss suffered, the 
court may award to an author or a performer equ itable monetary satisfaction for the mental anguish 
and suffering endured as a consequence of the infringem ent of his moral rights, if the court finds that 
the circumstances of the case, and especially the degree of suffering and its duration so dictate. 
 
Article 170 
Provisional measures 
 
(1) The court shall order provisional measures to secure non-monetary claims under this Act if the 
right holder shows probable grounds for belief that: 
 1. he/she is the right holde r according to this Act, and 
 IP/N/1/SVN/C/2 
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2. his/her right has been infringed or ther e exists an actual danger to be infringed. 
 (2) The right holder shall also show probable grounds for belief that: 
1. a danger exists that the enforcement of claims will be made impossible or rather difficult; 
 
2. the adoption of a provisional measure is n ecessary to avoid damage difficult to repair; or 
 3. a provisional measure, which may prove unfounded in the course of the proceedings, does not have 
more detrimental consequences for the alleged in fringer that would have the non-adoption of such 
measure for the right holder.  
 
(3) The right holder who proposes the order of a provisional measure without prior notification and hearing of the opposite party shall show probable grou nds for belief, in addition to the requirements of 
paragraphs 1 and 2, that any delay of the order is likely to cause him/her a damage difficult to repair. 
In that event, the opposite party shall be given no tice after the execution of the order at the latest. 
 
(4) The right holder shall not be obliged to prove the existence of a danger that the enforcement of 
claims will be made impossible or rather difficult if  he/she shows probable gr ounds for belief that the 
proposed provisional measure would cause the infri nger only insignificant damage. The danger shall 
be deemed to exist when the claims  are to be enforced abroad, with  the exception of Member States of 
the European Union. 
 
(5) The court may order any provisional measure to secure non-monetary claims referred to in paragraph 1, with which the purpose of s ecurity can be achieved, in particular: 
 1. to interdict to the alleged infringer the conti nuation of infringement already commenced and future 
infringements; 
 2. to seize, exclude from circulation and take into  custody the objects of infringement and the means 
of infringement that are intended or used ex clusively or principally for infringement. 
 (6) The court shall decide on the opposition agai nst a decision on the adoption of a provisional 
measure within 30 days following the filing of the an swer to the opposition, or by the end of the time 
limit set for the filing of the answer to the opposition.  (7) The provisions of the Act regulating execution of  judgements and insurance of claims shall apply 
to the proceedings for the adoption of provisional measures, unless otherwise provided by this Act. 
Proceedings shall be expeditious. 
 
Article 171 
Preservation of evidence 
 
(1) The court shall issue an order to preserve eviden ce if the right holder presents reasonably available 
evidence that: 
 1. he/she is the right hol der according to this Act; 
 2. his/her right has been infringed or that there exists an actual danger to be infringed; and 
 
3. evidence of infringement will be destroyed or that  it will be impossible to take such evidence at a 
later time.  IP/N/1/SVN/C/2 
 Page 53 
 
 
 (2) The right holder who requests the order to preser ve evidence without prior notification and hearing 
of the opposite party shall show probable grounds for belief, in addition to the requirements of 
paragraph 1, that there is a danger of evidence of infringement being destroyed as the result of 
conduct of the opposite party or that it  will be impossible to take such evidence at a later time. In that 
event, the opposite party shall be given notice after the execution of the order at the latest. 
(3) The court may issue the order referred to in para graph 1 to take any evidence, and in particular: 
 1. to inspect places, business records, inventory, da tabases, computer memory units or other things; 
 
2. to seize samples of the objects of infringement; 
 3. to examine and seize documents;  4. to appoint and examine experts; and 
 
5. to examine witnesses.  (4) Preservation of evidence may be requested even after the decision by which the proceedings are 
completed has become final, if this is necessary be fore or during the proceedings with extraordinary 
remedies. 
 
(5) The provisions concerning provisional measures  of the Act regulating execution of judgements 
and insurance of claims shall apply mutatis muta ndis to the proceedings for preservation of evidence 
under this Article, unless otherwise provided by this Act. Proceedings shall be expeditious. 
 
(6) Where it is subsequently found that the requ est for preservation of evidence has been unfounded 
or that the right holder has not justified it, the opposite party shall have the right to claim:  1. the return of the seized objects;  2. the prohibition of the use of information obtained; and 
 
3. the compensation for damage.  (7) In the proceedings for preservation of evidence in accordance with this Article, the court shall 
ensure that confidential information from the parties be protected and that judicial proceedings not be 
used in bad faith with the sole purpose to obtain confidential information from the opposite party. 
 
Article 172 
Duty to provide information 
 
(1) In the proceedings concerning the infringement of  rights the court may, upon a justified request of 
the party, order that information on the origin and distribution networks of the goods or services 
which infringe a right under this Act be provided by the alleged infringer. 
 (2) The court may order that information referred to  in paragraph 1 be provided also by persons who:   
 
1. possess the infringing goods on a commercial scale; 
 2. use the infringing services on a commercial scale; or 
 
3. provide on a commercial scale servic es used in an infringing activity. IP/N/1/SVN/C/2 
Page 54  
 
 An act shall be deemed to be performed on a comme rcial scale if it has been performed for direct or 
indirect economic advantage.   (3) The court may order that information referred to  in paragraph 1 be provided also by the person 
who was indicated by any person referred to in paragraph 2 as being involved in the production, 
manufacture or distribution of the infringing goo ds or the provision of the infringing services. 
 
(4) The information referred to in paragraph 1 may comprise: 
 1. the names and addresses of the producers, manufactu rers, distributors, suppliers and other previous 
holders of the goods or services, as well as the intended wholesalers and retailers; and 
 
2. information on the quantities produced, manufactured, delivered, received or ordered, as well as the 
price obtained for the goods or services in question.  
Article 173 
Presentation of evidence 
 
(1) If the court decides to take the proposed evidence and that evid ence is in the possession of the 
opposite party, that party shall present such  evidence at the request of the court. 
  (2) Paragraph 1 shall also be applicable for ba nking, financial and commercial documents under the 
control of the opposite party if the infri ngement was committed on a commercial scale. 
 
(3) The provisions of the Act regulating civil pr ocedure shall apply to the proceedings for the 
presentation of evidence, unless otherwise provided by this Act. 
 (4) After the taking of evidence referred to in para graph 1, the court shall ensure that confidential 
information from the parties to the proceedings be pr otected and that judicial proceedings not be used 
in bad faith with the sole purpose to obtain confidential information from the opposite party. 
 
Section III 
Measures for the enforcement of protection 
 
Article 174 
Register 
 
(1) To preserve the evidence or for other reasons, the holders of rights granted by this Act, may 
register their works or deposit the originals or re productions of their works, phonograms, videograms, 
or subject matters of some other right with the organization authorized for this purpose.  
(2) Until proven otherwise, it shall be presumed that the rights in registered works exist and belong to 
the person designated in such register as their holder.  (3) There shall be one public register for a given cat egory of works for the whole state, and shall be 
kept by an organization specially author ized for that purpose by the Office. 
 
(4) In case of doubt whether a given work can be c onsidered as a work of copyright, the organization 
mentioned in the foregoing para graph shall give an opinion. 
 (5) Provisions of this Article do not affect in any way the existence and protection of rights under this 
Act.   IP/N/1/SVN/C/2 
 Page 55 
 
 
 
Article 175 
Symbols and notices of reserved exclusive rights 
 
(1) Holders of exclusive authors' rights under this  Act shall have the right to put a notice on the 
original or copies of their works, consisting of the symbol ©, accompanied by their name or firm 
name and year date of the first publication.  (2) Holders of exclusive rights to phonograms under this  Act, shall have the right to put a notice on 
the original or copies of their published phonogr ams or on their containe rs, consisting of the 
symbol Ê accompanied by their name or firm name and year date of the first publication. 
 (3) Until proven otherwise, it shall be presumed that  the exclusive rights in works or phonograms that 
bear notices mentioned in this Article exist and belong to the person designated therein. 
 
(4) Provisions of this Article do not affect in any way the existence and protection of rights under this 
Act.   
Chapter VIII 
RELATIONS WITH FOREIGN ELEMENTS 
 
Article 176 
General provision 
 
(1) The provisions of this Act shall protect the aut hors and holders of related rights who are citizens of 
the Republic of Slovenia or a European Union Member  State, or have their residence or seat in the 
Republic of Slovenia. 
 (2) Other foreign natural persons or legal entities (foreigners) shall enjoy the same protection as 
persons mentioned in the foregoing pa ragraph if international convention or this Act so provides, or in 
case that factual reciprocity exists.  
(3) Regardless of the provisions of this Chapter, fo reigners shall enjoy the protection according to this 
Act:  1. with respect to moral rights - in any case;  
2. with respect to resale right and the right to re muneration for private and other internal reproduction 
- only if factual reciprocity exists. 
(4) Reciprocity must be proved by the person basing his claims on it. 
 
(5) Provision of this Act relating to the Europ ean Union Member States shall apply also to the 
European Economic Area Member States. 
Article 177 
Authors 
 
(1) The protection under this Act shall enjoy the authors: 
 
1. who are domiciled in the Republic of Slovenia; 
 IP/N/1/SVN/C/2 
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2. with respect to their works published for the first time in the Republic of Slovenia or within 30 days 
of having been published in another country;  3. with respect to audiovisual works whose produ cer has his corporate seat or domicile in the 
Republic of Slovenia; 
 
4. with respect to works of architecture and fine ar ts, which are as immovables  or as a firm integral 
part of immovable property located on the territory of the Republic of Slovenia. 
 (2) If the work was created by several authors, the pr ovision of this Act shall protect all of them if at 
least one author meets one of the conditions  enumerated in the foregoing paragraph. 
 
Article 178 
Performers 
 (1) The protection under this Ac t shall enjoy the performers: 
 1. who are domiciled in the Republic of Slovenia;  2. whose performances take place on the territory of the Republic of Slovenia;  
3. whose performances are fixed on phonograms that are protected under this Act; 
 4. whose performances are incorporated, without  having been fixed on phonograms, in radio 
broadcasts that are protected under this Act.  
(2) If more performers take part in a performance, the provisions of this Act shall protect all of them if 
at least one performer is a citizen of the Republic of Slovenia or is domiciled in the Republic of 
Slovenia. 
 
Article 179 
Producers of phonograms, film producers, and publishers 
 
(1) The protection under this Act shall enjoy the producers of phonograms and film producers if their phonogram or videogram was first fixed in the Republic of Slovenia. 
(2) The provisions of this Act shall also protect th e publishers with respect to their related rights if 
their edition was first published in the Republic of  Slovenia or within 30 days of having been 
published in another country. 
 
Article 180 
Broadcasting organizations 
 
The protection under this Act shall enjoy the broadc asting organizations that transmit their broadcast 
from transmitters located on the territory of the Republic of Slovenia.  
 
Article 181 
Comparison of terms of protection  
 The terms of protection laid down in this Act shall ap ply to foreign holders of related rights that enjoy 
protection under this Act, however, they shall expi re on the day when the protection expires in the 
country of which these holders are citizens, or wher e their corporate seat is located, and cannot exceed 
the terms set by this Act.      IP/N/1/SVN/C/2 
 Page 57 
 
 
Article 182 
Communication to the public by satellite 
 
(1) The protection under this Act shall enjoy the aut hors and holders of related rights, whose work or 
subject matter of related rights is communicated to  the public by satellite, when under the control and 
responsibility of a broadcasting organization the re levant program-carrying signals are sent from the 
territory of the Republic of Slovenia, into an unint errupted chain of communication, to a satellite and 
down to the Earth. 
(2) The protection granted by this Act applies also  when the condition from the foregoing paragraph is 
not fulfilled, however: 
 
1. the uplink station from which program-carrying signa ls are transmitted is located in the Republic of 
Slovenia, or  2. the broadcasting organization which commissioned the communication to the public by satellite has 
its corporate seat in the Republic of Slovenia. 
 
Article 183 
Stateless persons and refugees 
 
(1) Authors and holders of related rights that ha ve no citizenship or whose citizenship cannot be 
determined, shall enjoy the same protection under this  Act as the citizens of the Republic of Slovenia, 
if they are domiciled in it.  (2) If they are not domiciled in the Republic of Sl ovenia or if their domicile cannot be determined, 
they shall enjoy the same protection as citizens of the Republic of Slovenia, if they have their 
residence in it. 
 (3) If they have neither their domicile nor residence in the Republic of Slovenia, they shall enjoy the 
same protection as citizens of the state in which they do have their domicile or residence.  (4) Provisions of this Article shall apply equally to  authors and holders of related rights, having the 
status of a refugee under international trea ties or laws of the Republic of Slovenia. 
 
Chapter IX 
PENAL PROVISIONS 
 
Article 184 
 
(1) A fine of no less than SIT 400,000 shall be imposed for a misdemeanor on any legal entity or individual sole trader who:  1. without the assignment of the relevant economic right, when such assignment is required under this 
Act, reproduces, distributes, rents, publicly pe rforms, publicly transmits, publicly communicates, 
publicly presents, broadcasts, rebroadcasts, seconda ry broadcasts, makes available to the public, 
transforms or audiovisually adapts or otherwise us es a work or a copy thereof (Articles 21 and 22); 
 2. possesses a copy of a computer program for commercial purposes, knowing or having reason to 
believe that it is an infringing copy (Article 116(2.)); 
 3. without the assignment of the relevant exclusive right, when such assignment is required under this 
Act, reproduces, fixes, publicly transmits or broadcasts a live performance, or reproduces, makes IP/N/1/SVN/C/2 
Page 58  
 
available to the public, distributes or rents a phonogram or videogram with a performance, or otherwise uses a performance (Article 121); 
4. without the assignment of the relevant exclusive right, when such assignment is required under this 
Act, reproduces, distributes, rents, makes availabl e to the public or otherwise uses a phonogram or 
videogram (Articles 129 and 134); 
 
5. without the assignment of the relevant exclusive right, when such assignment is required under this 
Act, retransmits, fixes, reproduces, distributes, ma kes available to the public or otherwise uses a 
broadcast or a fixation of a broadcast (Article 137);  
6. without the assignment of the relevant exclusive right, when such assignment is required under this 
Act, reproduces, distributes, rents, makes availabl e to the public or otherwise uses a database or a 
copy thereof (Article 141c);  7. removes or alters any electronic rights- management information (Article 166(1)(1.); 
 
8. reproduces, distributes, imports for distribution, rents or communicates to the public a copyright work or subject matter of related rights or a copy thereof where electronic rights-management information has been removed or altered without authorization (Article 166(1)(2.); 
 9. circumvents effective technological measures or  manufactures, imports, distributes, sells, rents, 
advertises for sale or rental or possesses for commercial purposes a technology, device, product, 
component or computer program, or provides a service for the purpose of circumvention of effective technological measures in the cases referred to in Article 166a(2) ((Article 166a(1) and (2)); 
 10. manufactures, imports, distributes, sells, rents, advertises for sale or rental or possesses for 
commercial purposes a technology, device, product, component or computer program for the removal 
or alteration of electronic rights-mana gement information (Article 166a(4)). 
 (2) A fine of no less than SIT 80,000 shall be impo sed on the responsible person of a legal entity or 
individual sole trader that commits a mi sdemeanor referred to in paragraph 1. 
 
(3) A fine of no less than SIT 80,000 shall be im posed on an individual who commits a misdemeanor 
referred to in paragraph 1.  (4) The articles which were created by by  the misdemeanor shall be confiscated. 
(5) The misdemeanors under this Article sha ll be decided upon by emergency procedure. 
 
Article 185 
 
(1) A fine of no less than SIT 200,000 shall be imposed for a misdemeanor on any legal entity or individual sole trader:  
1. that does not submit to the competent collecting society, at its request and within the prescribed 
time limit, information about the types and number of sold or imported devices for sound or visual 
fixation, photocopying devices, blank audio or video carriers, as well as information about sold 
photocopies which is necessary for the calculati on of the remuneration due (Article 38(3)); 
  
2. that does not submit to the competent collecting so ciety, within the prescribed time limit, the list of 
works used (Article 159(1), (3), and (4)); 
  IP/N/1/SVN/C/2 
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3. that does not submit to the competent collecti ng society, within the prescribed time limit, the 
information which is necessary for the calculation of  the remuneration due (t ype and number of sold 
originals, liable persons, retail price without  public charges, etc.) (Article 159(5)); 
4. that does not make available to persons having legal access to the subject matter of rights the means 
on the basis of which they can enforce limitations to  the copyright and related rights (Article 166c). 
(2) A fine of no less than SIT 60,000 shall be imposed  on the responsible person of a legal entity or of 
individual sole trader that commits  a misdemeanor under paragraph 1. 
 (3) A fine of no less than SIT 60,000 shall be imposed on an individual who commits a misdemeanour under paragraph 1. 
 
Article 186 
 
(1) Supervisory control over the implementation of the provisions sanctionable under Articles 184 
and 185 shall be the competence of the Market Inspection. The proceedings concerning these cases 
shall be expeditious. 
 (2) When the inspector learns of a misdemeanor re ferred to in paragraph 1 through official channels, 
he may: 
1. seize the goods which were used or intended for the commission of a misdemeanor, or were created 
by such misdemeanor, and 
2. order to remedy the irregularity within the prescribed time limit. 
TRANSITIONAL AND FINAL PROVISIONS 
of Copyright and Related Rights Act of 30 March 1995 
 
Article 187 
 (1) Provisions of this Act concerning the remunerati on to be paid for private or other internal use 
(Articles 37. to 39.), shall take effect two year s after the date of the enactment of this Act. 
 (2) The Government shall issue the regulations, mentioned in Article 39 (1) of this Act, within one year after the date of the enactment of this Act. 
 
Article 188 
 
Provisions of this Act concerning the remune ration for public communication of phonograms 
(Articles 122 and 130), shall take effect two years after the date of the enactment of this Act. 
 
Article 189 
 
(1) Organizations of authors that have collectivel y administered the rights according to Articles 91 
and 93 of the Copyright Act (Official Gazette of  SFRY, No. 19/1978, 24/1986, 21/1990), before the 
enactment of this Act, may continue to do so without the permission of the Office, until the Office 
issues a permission for the collective administration of these same rights to a collecting society that 
meets the conditions required by this Act.  (2) Tariffs adopted by the organizations of authors before the enactment of th is Act according to the 
provision of Article 91.a. of the Copyright Act, sh all apply until the adoption of general or special 
tariffs according to Article 153 of this Act. IP/N/1/SVN/C/2 
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 (3) If appropriate collecting societies are not formed within one year after the enactment of this Act, 
the Office may issue a temporary permission to a le gal person that does not meet the conditions set 
forth in Article 149 of this Act, to administer co llectively certain rights. Such authorization shall 
specify the time limit and conditions for such temporary administration of rights. 
 
(4) The rights which pursuant to this Act can be admi nistered only collectively, may be administered 
individually as long as the Office has not granted a permission for their collective administration or until a respective authors' collective ag reement has not been entered into. 
 
Article 190 
 
Provisions of this Act shall not apply to contracts entered into, or acts of exploitation done before the 
date on which this Act becomes effective, unless otherwise provided by this Act.  
Article 191 
 
Provisions of this Act concerning computer program s and databases shall apply to computer programs 
and databases created before the date on which th is Act becomes effective, unless such application 
shall be prejudicial to contracts entere d into or rights vested to that date. 
 
Article 192 
 
With respect to contracts for the use of works and subj ect matter of related rights that shall be in force 
on the date on which this Act becomes effective,  the provisions of this Act concerning public 
communication by satellite shall begin to apply from Ja nuary 1, 2000, provided such contract shall be 
in force at that time. 
 
Article 193 
 
(1) This Act applies to all work s and performances of performers that were enjoying protection 
according to the Copyright Act (Official Gazette of  the SFRY, No.19/1978, 24/1986, 21/1990), at the 
time of its enactment. 
 (2) This Act applies to phonograms of producers of phonograms, with respect to which the term of 20 years has not yet elapsed from the time of thei r first fixation to the enactment of this Act. 
 
(3) This Act applies to videograms, broadcasts and publishers' editions, as subjects matters of related 
rights, which were first fixed, broadcast or lawfully published after its enactment. 
 (4) This Act applies to databases as subject ma tter of related rights, the making of which was 
completed after 1 January 1983.  
Article 194 
 
(1) On the date this Act enters into force, the Copyright Act (Official Gazette of the SFRY, 
No.19/1978, 24/1986, 21/1990), shall cease to apply.  
(2) On the date this Act enters into force, the Self-Managerial Agreement on rights, obligations and 
responsibilities of publishing organizations and authors in their contractual relations (Official Gazette 
of the SRS, No. 7/1988), is repealed.   IP/N/1/SVN/C/2 
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Article 195 
 
This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of 
the Republic of Slovenia.  
TRANSITIONAL AND FINAL PROVISIONS 
of the Act of 26 January 2001 Amending the Copyright and Related Rights Act 
 
Article 31 
 
This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of 
the Republic of Slovenia.   
TRANSITIONAL AND FINAL PROVISIONS 
of the Act of 9 April 2004 Amending the Copyright and Related Rights Act  
 
Article 24 
 
(1) As of the date of the accession of the Republic of Slovenia to the European Union, the terms of 
protection under the Copyright and Related Rights Act (Official Gazette of the RS Nos 21/95 and 
9/01) shall also be applicable to those copyright works and subject matters of related rights that are 
not protected under Article 193(1), (2) and (3) if they are protected on that date in at least one European Union Member State.  (2) Paragraph 2 shall be without prejudice to acts of exploitation of protected works started or 
performed before the date referred to  in paragraph 1. The user may: 
 
1. without limit and gratuitously distribute stocks that existed before that date, and 
 2. request a reassignment of economic rights in the or iginal extent, but only for the period of three 
years following that date and against payment of an adequate remuneration. 
 
(3) The rights which were assigned for the whole period of their duration by contract or otherwise before the date referred to in paragraph 1, sh all be deemed to be assi gned under present conditions 
also for the additional period of the revival of protection.   
(4) The existence of protection of a right in a Euro pean Union Member State shall be proved by the 
person who invokes it.  
Article 25 
 
Provisions of this Act concerning exhaustion of the ri ght of distribution (Article 4 of this Act) and 
relations with foreign elements (Article 20 of this Ac t) shall take effect as of the date of the accession 
of the Republic of Slovenia to the European Union.  
Article 26 
 (1) Collecting societies shall harmonize their activity with the provisions of this Act within one year 
following the entry into force of this Act.  (2) Proceedings for the grant of authorisation for collective management of copyright and related rights that have not been finished on the date of entr y into force of this Act shall continue according to 
the provisions of this Act. IP/N/1/SVN/C/2 
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 (3) Proceeding for the approval of tariffs that have not  been finished on the date  of entry into force of 
this Act shall be terminated.  (4) The tariffs of collecting societies applicable on th e date of entry into force of this Act shall be 
treated as valid inclusive agreements under this Act. 
 
Article 27 
 
(1) In proceedings concerning misdemeanors, the fin es defined by this Act shall be imposed, until the 
application date of the new Misdemeanors Act (Official Gazette RS No 7/03), as monetary fines 
within the limits set out by Articles 21 and 22 of this Act.  (2) For the responsible person of the individual sole trader, the provisions of Articles 21 and 22 of this 
Act shall be applicable as from 1 January 2005.  
 
Article 28 
 
The executive regulation referred to in Article 163 sh all be issued within six months following the 
entry into force of this Act.  
Article 29 
 
(1) This Act shall enter into force on the fifteenth day following its publication in the Official Gazette 
of the Republic of Slovenia.  
(2) The provisions of Articles 4, 16, 20, 24 and 25 of this Act shall be applicable as from the date of 
the accession of the Republic of Slovenia to the European Union. 
 
TRANSITIONAL AND FINAL PROVISIONS* 
of the Act of 1 February 2006 Amending the Copyright and Related Rights Act  
 
Article 16 
 
Proceedings which are pending pursuant to Sectio n II of Chapter VII at the time when this Act 
becomes effective shall be terminated according to  the provisions of this Act applicable hitherto. 
 
Article 17 
 
Until the introduction of the euro as the moneÈtary unit of the Republic of Slovenia, the amounts in 
euros listed in Article 35 shall be converted into the Slovenian tolar equivalent at the middle exchange 
rate of the Bank of Slovenia valid on the date of sale of the original of a work of fine art.  
 
Article 18 
 
The Government of the Republic of Slovenia shall i ssue the decree referred to in Article 163a within 
three months following the entry into force of this Act.  
Article 19 
 
This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of 
the Republic of Slovenia. 
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