Disclaimer: Only the original Slovenian texts of the laws and regulations have legal effect, and the 
translations are to be used solely as reference materials to aid in the understanding of Slovenian laws and regulations. The Government of the Republic of Slovenia is not responsible for the accuracy, reliability or currency of the translations provided on this website, or for any consequence resulting from 
the use of this information. For all purposes of interpreting and applying law to any legal issue or dispute, 
users should consult the original Slovenian texts published in the Official Gazette of the Republic of Slovenia.  
The unofficial consolidated version of the Copyright and Related Rights Act 
comprises:  
- Copyright and Related Rights Act (Official Gazet te of the Republic of Slovenia [ Uradni list 
RS], No. 21/95 of 14 April 1995),  
- Act Amending the Copyright and Related Rights Act – ZASP- A (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 9/01 of 9 February 2001),  
- Act Regulating Customs Measures Relating to Infringements of Intellectual Property 
Rights – ZCUKPIL (Official Gazette of the Republic of Slovenia [ Uradni list RS ], No. 30/01 
of 26 April 2001),  
- Act Amending the Copyright and Related Rights Act – ZASP- B (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 43/04 of 26 April 2004),  
- Copyright and Related Rights Act –  official consolidated version –  ZASP -UPB1 (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 94/04 of 26 August 2004),  
- Act Amending the Copy right and Related Rights Act – ZASP- C (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 17/06 of 17 February 2006),  
- Copyright and Related Rights Act –  official consolidated version –  ZASP -UPB2 (Official 
Gazette of the Republic of Slovenia [Uradni list RS ], No. 44/06 of 25 April 2006),  
- Euro Adoption Act –  ZUE (Official Gazette of the Republic of Slovenia [ Uradni list RS ], No. 
114/06 of 9 November 2006),  
- Act Amending the Copyright and Related Rights Act – ZASP- D (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 139/06 of 29 December 2006),  
- Copyright and Related Rights Act –  official consolidated version –  ZASP -UPB3 (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 16/07 of 23 February 2007),  
- Act Amending the Copyright and Related Rights Act – ZASP- E (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 68/08 of 8 July 2008),  
- Act Amending the Copyright and Related Rights Act – ZASP- F (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 110/13 of 27 December 2013),  
- Act Amending the Copyright and Related Rights Act – ZASP -G (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 56/15 of 29 July 2015),  
- Collective Management of Copyright and Related Rights Act – ZKUASP (Of ficial Gazette 
of the Republic of Slovenia [ Uradni list RS ], No. 63/16 of 7 October 2016),  
- Act Amending the Copyright and Related Rights Act – ZASP- H (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 59/19 of 4 October 2019),  
- Act Amending  the Copyright and Related Rights Act –  ZASP- I (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 130/22 of 11 October 2022).  
 
THE COPYRIGHT AND RELATED RIGHTS ACT  
(Unofficial consolidated version No. 14)  
Chapter One  
GENERAL PROVISIONS  Subject matter of the Act  
Article 1  
(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 phonograms, film producers, broadcasting 
organisations, publishers and makers of databases (related rights);  
3. (Ceased to be in force)  
(2) This Act transposes the following directives:  
1. Directive 96/9/EC of the Eur opean Parliament and of the Council of 11 March 1996 on the 
legal protection of databases (OJ L 77, 27.3.1996, p. 20), as last amended by Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright 
and related rights  in the Digital Single Market and amending Directives 96/9/EC and 
2001/29/EC (OJ L 130, 17.5.2019, p. 92);  
2. 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 ri ghts in the information 
society (OJ L 167, 22.6.2001, p. 10), as last amended by Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights 
in the Digital Single Market and amending Directives 96/ 9/EC and 2001/29/EC (OJ L 130, 
17.5.2019, p. 92);  
3. Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on 
the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16);  
4. Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 
on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5) and 
5. Directive 2017/1564/EU of the European Parliament And of the Council of 13 September 
2017 on certain permitted uses of certain works and other subject matter protected by 
copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print -disabled and amending Directive 2001/29/EC on the harmonisation of 
certain aspects of copyright and related rights in the information society (OJ L 242, 
20.9.2017, p. 6).  
(3) This Act transposes the following directives:  
1. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite broadcasting 
and cable retransmission (OJ L 248, 6.10.1993, p. 15), as last amended by Directive (EU) 
2019/789 of the European Parliament and of the Council of 17 April 2019 laying down 
rules on the exercise of copyright and related rights applicable to certain online 
transmissions of broadcasting organisations and retransmissions of television and radio 
programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, p. 82), 
except in the part relating to the collective management of copy right and related rights;  
2. 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, 
13.10.2001, p. 32), except in the part relating to the collective management of copyright 
and related rights;  
3. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on 
the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45), except in the 
part relating to the enforcement of industrial property rights;  
4. Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field 
of intellectual property (OJ L 376,  27.12.2006, p. 28), except in the part relating to the 
collective management of copyright and related rights;  5. Directive 2006/116/EC of the European Parliament and of the Council of 12 December 
2006 on the term of protection of copyright and certain related rights (OJ L 372, 
27.12.2006, p. 12), as last amended by Directive 2011/77/EU of the European Parliament 
and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of 
protection of copyright and certain related rights (OJ L 265, 11.10.2011, p. 1), except in 
the part relating to the collective management of copyright and related rights;  
6. Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related ri ghts applicable to certain 
online transmissions of broadcasting organisations and retransmissions of television and 
radio programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, p. 
82), except in the part relating to the collective management of copyright and related rights, 
and 
7. Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 
96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92), except in the part relating to the 
collective management of copyright and related rights.  
Public  
Article 2  
The term "public" as used in this Act shall mean a larger number of persons outside 
the usual circle of a family or circle of personal acquaintances.  
Disclosure and publication  
Article 3  
(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 Act shall mean that a sufficient quantity of already 
produced copies of a copyright work, or of a subject matter of a related right, has been offered 
to the public or put into circulation with the consent of the right holder.  
Relation between copyright and related rights  
Article 4  
(1) Protection of related rights under this Act shall 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, co- authors, authors of compound works, contents of the economic and other rights 
of the author, relationship between copyright and ownership, limitations to copyright, term of 
copyright (beginning and effect of the running) and legal transactions involving copyright 
(Sections 1 and 2 of Chapter Three of this Act) shall apply, mutatis mutandis , to related rights, 
unless otherwise provided in Chapter Five of this Act.  Chapter Two  
SUBSTANTIVE COPYRIGHT LAW  
Section 1  
COPYRIGHT WORKS  
Protected wo rks 
Article 5  
(1) Copyright works are individual intellectual creations in the fields of literature, 
science and the arts, which may be expressed in any mode, unless otherwise provided by this 
Act. 
(2) The following works, in particular, shall be considered as copyright works:  
1. spoken works such as speeches, sermons and lectures;  
2. written works such as belletristic works, articles, manuals, studies, and computer 
programs;  
3. musical works with or without words;  
4. theatrical or theatrical and musical works and puppetry works;  
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 paintings, graphic works and sculptures;  
9. works of architecture such as sketches , plans, and built structures in the fields of 
architecture, urban planning and landscape architecture;  
10. works of applied art and industrial design;  
11. cartographic works;  
12. presentations of a scientific, educational or technical nature (technical drawings, plans, 
sketches, tables, expert opinions, three- dimensional representations and other works of a 
similar nature).  
Elements of a copyright work  
Article 6  
(1) Drafts, component parts and titles of works, which are in themselves individual 
intellect ual creations, shall enjoy the same protection as the work itself.  
(2) Notwithstanding the previous paragraph, it shall be prohibited to use for the title 
of a work such a title as has already been used for the same kind of work if said title creates 
or is likely to create confusion as to the source of the work.  
Transformation of copyright works  Article 7  
(1) Translations, adaptations, arrangements, changes and other transformations of 
a pre -existing work or of other material, which are individual intellectual creations, shall be 
deemed independent works.  
(2) Rights of authors of pre- existing works may not be infringed by transformation 
referred to in the preceding paragraph.  
Collections  
Article 8  
(1) Collections of works or of other materials, such as encyclopaedias, anthologies, 
databases and collections of documents, which, by virtue of the selection, coordination or 
arrangement of their contents, are individual intellectual creations, shall be deemed 
independent works.  
(2) Rights of authors of pr e-existing works shall not be infringed upon by the 
inclusion of such works in a collection; on the other hand, by virtue of its inclusion in a 
collection, pre -existing material does not become a protected work.  
(3) Databases referred to in paragraph one o f this Article shall be collections 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 shall not apply to compute r programs used in the 
making or operation of electronic databases.  
Non-protected creations 
Article 9  
(1) Copyright protection shall not be afforded to:  
1. ideas, principles or discoveries;  
2. official legislative, administrative or judicial texts; or  
3. folk liter ary and artistic creations.  
(2) Translations of texts referred to in point 2 of the preceding paragraph shall enjoy 
copyright protection unless they are published as official texts.  
Section 2  
AUTHOR 
Natural person  
Article 10  An author is a natural person who has created a copyright work.  
Presumption of authorship  
Article 11  
(1) A person whose name, pseudonym or artist’s mark appears in the customary 
manner on the work itself, or is so indicated at the time of disclosure of the work, shall be 
deemed to be the author of the work until proved otherwise.  
(2) Where the author is not known pursuant to the previous paragraph, the person 
who published the work shall be deemed to be entitled to enforce copyright. If such a person 
is not indicated, the person who disclosed the work shall be so entitled.  
(3) The preceding paragraph shall cease to apply once the identity of the author 
becomes known. The entitled person referred to in the preceding paragraph shall transfer the benefits derived from copyright to t he author unless otherwise provided by contract.  
Co-authors  
Article 12  
(1) If a copyright work created by the collaboration of two or more persons 
constitutes an inseparable whole, all co -authors of this work shall have joint copyright in it.  
(2) The right  to decide on the use of such a work belongs jointly to all co- authors; 
this notwithstanding, individual co- authors may not obstruct such decisions, as this would be 
contrary to the principles of good faith and fairness.  
(3) Co -authors’ shares shall be det ermined in proportion to the extent of their 
respective contributions to the creation of the work unless they are set otherwise by contract.  
Authors of compound works  
Article 13  
The provisions of the preceding Article shall apply, mutatis mutandis , in cases where 
several authors combine their works for exploitation in common.  
Section 3  
COPYRIGHT  
Subsection 1  
GENERAL  Origin of copyright  
Article 14  
Copyright shall belong to the author by virtue of the creation of the work.  
Content of copyright  
Article 15  
Copyright shall be an indivisible right to a work from which exclusive personal rights 
(moral rights), exclusive property rights (economic rights) and other rights of the author shall 
arise.  
Subsection 2  
MORAL RIGHTS  
Contents  
Article 16  
Moral rights shall protect the author with respect to his intellectual and personal ties 
to the work.  
Right to the first disclosure 
Article 17  
The author shall have the exclusive right to decide whether, when and how his work 
is to be disclosed for the first time.  
Righ t to recognition of authorship  
Article 18  
(1) The author shall have the exclusive right to recognition of the authorship of his 
work.  
(2) The author may decide whether and how his authorship is to be indicated at the 
time of disclosure of his work.  
Right t o the integrity of the work  Article 19  
The author shall have the exclusive right to prohibit any distortion or any other 
tampering with his work, as well as any use of his work, if such tampering or use might be 
prejudicial to his person.  
Right of withdraw al 
Article 20  
(1) The author shall have the exclusive right to revoke economic rights granted to a 
right-holder if he has serious moral reasons for this and on condition that he first reimburses 
the right -holder for the damage caused by such revocation.  
(2) With the enforcement of the right of withdrawal, the economic rights of the right -
holder shall expire.  
(3) The author shall pay appropriate compensation to the right -holder. The right -
holder shall inform the author of the extent of the damage incurred wi thin three months of 
receipt of the notice of withdrawal. If the right -holder fails to do so, the right of withdrawal shall 
take effect on the expiry of this time limit.  
(4) If the author subsequently wishes to again transfer economic rights in his work 
within a period of ten years of enforcing his right of withdrawal, he shall first offer these rights 
to the previous holder under the same conditions as were originally agreed.  
(5) The provisions of this Article shall not apply to computer programs, audiovis ual 
works or databases.  
Subsection 3  
ECONOMIC RIGHTS  
Contents  
Article 21  
(1) Economic rights shall protect the author’s economic interests by giving the author 
an exclusive right to authorise or prohibit the use of his work or copies thereof.  
(2) Unless ot herwise provided by this Act, the use of a copyright work shall be 
permitted only if the author has transferred the appropriate economic right in accordance with 
this Act and under the conditions determined by the author.  
Economic rights  
Article 22  (1) Use of a work in material form shall include in particular the right of reproduction 
(Article 23).  
(2) Use of a work in non -material form (communication to the public) shall include 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 means of 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 32a).  
(3) Use of the work in a modified form shall include in parti cular the following rights:  
1. the right of transformation (Article 33);  
2. the right of audiovisual adaptation (Article 104).  
(4) Use of copies of a work shall include the following rights:  
1. the right of distribution (Article 24);  
2. the rental right (Article 25). 
Right of reproduction  
Article 23  
(1) The right of reproduction shall be the exclusive right to fix the work in a material 
medium or in another copy directly or indirectly, temporarily or permanently, in whole or in part, 
by any means and in any form.  
(2) The work shall be reproduced in particular by graphic reproduction, three-
dimensional reproduction, building or realising an architectural structure, photographic 
reproduction, sound or visual recording, or saving in electronic form.  
Right of distribut ion 
Article 24  
(1) The right of distribution shall be the exclusive right to put into circulation the 
original or copies of a work by sale or other form of transfer of ownership, or to offer the same 
to the public with such intent.  
(2) The right of distribution shall also include the exclusive right to import copies of 
the work to a country with a view to their further distribution, regardless of whether such copies were lawfully made.  
Rental right  
Article 25  (1) The rental right shall be the exclusi ve 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 provisions of the preceding paragraph shall not apply to the use of:  
1. architectural structures;  
2. originals or copies of works of applied art or 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 their employment where such use is intended 
exclus ively for the execution of their work -related duties.  
Right of public performance 
Article 26  
The right of public performance shall include the exclusive rights:  
1. to recite a literary work in public by live delivery (right of public recitation);  
2. to communicate a musical work to the public by live performance (right of public musical 
performance);  
3. to communicate a work to the public by performing it on stage (right of public stage presentation).  
Right of public transmission  
Article 27  
The right of public transmission shall be the exclusive right to relay recitations, 
performances or presentations of a work by loudspeaker, screen or similar device beyond their 
original venue or location.  
Right of public communication by means of phonograms and videograms  
Article 28  
The right of public communication by means of phonograms and videograms shall 
be the exclusive right to communicate to the public recitations, performances or stage presentations of a work which are fixed in a phonogram or videogram.  
Right of publ ic presentation  
Article 29  
The right of public presentation shall be the exclusive right to communicate to the 
public, by technical means, an audiovisual work, a photographic work, a work of fine art, 
architecture, urban planning, applied art, industrial design or cartography, or a presentation of 
a scientific or technical nature.  Right of broadcasting  
Article 30  
(1) The right of radio broadcasting shall be the exclusive right to communicate a 
work to the public by radio or television programme signals, intended to the public, either 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 preceding 
paragraph exists when, under the control and responsibility of a broadcasting organisation, 
programme -carrying signals intended for the public are sent in an uninterrupted chain of 
communication to a satellite and back down to Earth.  
(3) If the programme- carrying signals are encrypted, communication to the public 
by satellite within the meaning of the preceding paragraph shall be deemed to have occurred 
provided that the means for decrypting are provided to the public by the broadcasting 
organisation or with its consent.  
Right of rebroadcasting 
Articl e 31 
(1) The right of rebroadcasting shall be the exclusive right to the simultaneous, 
unaltered and unabridged retransmission of initially transmitted programme- carrying signals 
containing a work if such retransmission is carried out by a person other than the original 
broadcasting organisation (retransmission operator), irrespective of the manner in which the 
retransmission operator obtains the programme- carrying signals from the original broadcasting 
organisation for that purpose.  
(2) An initial transmis sion via the Internet shall not be deemed to be a rebroadcast. 
However, a retransmission via an Internet access service shall be deemed to be a rebroadcast 
when it takes place in a managed environment in which the retransmission operator provides 
secure retransmission exclusively to lawful users.  
(3) Communication to the public shall also be deemed to be a rebroadcast when a 
broadcasting organisation transmits its programme signals, initially and without public access, 
to a retransmission operator other than the broadcasting organisation (direct broadcasting) 
that retransmits them to the public. The broadcasting organisation and the retransmission 
operator shall be deemed to be participating in a single act of communication to the public, for 
which they shal l each, in respect of their contributions, obtain the author's permission.  
Right of secondary broadcasting  
Article 32  
The right of secondary broadcasting shall be the exclusive right to communicate a 
broadcast work to the public by loudspeaker, screen or s imilar device.  
Right of making available to the public  Article 32a  
The right of making available to the public shall be the exclusive right to make a 
work available to the public, by wire or wireless means, in such a way that members of the 
public may access it from a place and at a time individually chosen by them.  
Right of transformation  
Article 33  
(1) The right of transformation shall be the exclusive right to translate, adapt for 
stage, musically arrange, alter or otherwise transform a pre- existing work . 
(2) The right referred to in the preceding paragraph shall also apply to cases where 
a pre -existing work is included or incorporated in a new work in unaltered form.  
(3) The author of the pre -existing work shall retain the exclusive right to use the work  
derived from his work unless otherwise provided by this Act or by contract.  
Subsection 4  
OTHER RIGHTS OF THE AUTHOR 
Right of access and of delivery  
Article 34  
(1) The author shall have a right of access to the original or to a copy of his work 
which is in  the possession of another person if such access is necessary 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 his 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 strong interest therein.  
(3) The delivery of the original under the preceding paragraph may be conditi onal 
upon depositing sufficient security or upon acquiring insurance coverage in the amount of the 
market value of the original.  
(4) The author shall effect the access to and exhibition of the work with the least 
inconvenience to the possessor and at his own expense. The author shall be liable for any 
damage to the original or copy of the work, this irrespective of culpability.  
Resale right  
Article 35  (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 shall have the right to be notified thereof, and also the 
right to remuneration as set out in this Article, provided that sellers, buyers or intermediaries 
are art market professionals, for example salesrooms, art galleries or auction houses.  
(2) Obligations referred to in the preceding paragraph shall be the joint obligation of 
the seller, buyer and intermediary.  
(3) Originals of works of fine art referred to in paragraph one shall mean original 
works of fine art, such as paintings , collages, drawings, engravings, prints, photographs, 
sculptures, tapestries, ceramics and glassware, that are made by the author themselves 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 author himself or under his 
authority and have normally been numbered and signed by the author.  
(4) The resale right remuneration shall be set as a percentage of the retail price of 
the original (net of t axes).  
(5) The remuneration referred to in the preceding paragraph, which may not exceed 
EUR 12,500, shall be:  
1. 4% for a price up to EUR 50,000;  
2. 3% for the portion of the price between EUR 50,000 and EUR 200,000;  
3. 1% for the portion of the price between EUR 200,000 and EUR 350,000;  
4. 0.5% for the portion of the price between EUR 350,000 and EUR 500,000;  
5. 0.25% for the portion of the price exceeding EUR 500,000.  
(6) The resale right may not be waived or assigned inter vivos or be subject to 
execution.  
Public lending right  
Article 36  
(1) The public lending right is the right to appropriate remuneration in accordance 
with the Librarianship Act (Official Gazette of the Republic of Slovenia [ Uradni list RS ], Nos 
87/01 and 96/02 – ZUJIK) when the original or a copy of a work is made available for use for 
a limited period of time, without direct or indirect economic advantage, and if done through an 
organis ation performing such activity as a public service.  
(2) The provisions of the preceding paragraph shall not apply to the use of:  
1. originals or copies of library materials in the national library, school and academic libraries, 
or special libraries;  
2. archit ectural structures;  
3. originals or copies of works of applied art and industrial design;  
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 wit hin the scope of their employment where such use is intended 
exclusively for the execution of their work -related duties.  
(3) Lending of originals or copies of computer programs and databases to the public 
shall be the exclusive right of their author.  
Right  to remuneration  Article 37  
(1) The author shall have a right to fair compensation for sound or visual recording 
and photocopying of his work done within the scope of private or other internal use referred to 
in Article 50 of this Act.  
(2) Remuneration referred to the preceding paragraph with respect to sound or 
visual recording shall be paid:  
1. upon the first sale or importation of new devices for sound or visual recording and 
2. upon the first sale or importation of new blank audio or video fix ation media.  
(3) Remuneration referred to in paragraph one of this Article with respect to 
photocopying shall be paid:  
1. upon the first sale or importation of new devices for photocopying and  
2. on photocopies made for sale, i.e. monthly depending on their probable number.  
(4) For the purposes of this Act, importation shall be considered to be the release of 
goods into free circulation in accordance with the customs regulations of the European 
Community and any entry of goods into the territory of the Republic o f Slovenia from other EU 
Member States.  
(5) Photocopying under this Article shall be considered as equivalent to other similar 
reproduction techniques; devices for sound or visual recording shall be considered as 
equivalent to other devices which achieve t he same effect.  
(6) The right to remuneration under paragraph one of this Article may not be waived 
or assigned inter vivos or be subject to execution.  
Persons liable  
Article 38  
(1) Persons liable to pay remuneration under the preceding Article shall be as  
follows: manufacturers of sound or visual recording devices, manufacturers of photocopying 
devices, manufacturers of blank audio or video fixation media, and holders of devices who 
provide photocopying services for payment. In addition to manufacturers, i mporters of devices 
and fixation media shall be jointly liable unless such imports are intended for private and non -
commercial use as part of their personal luggage.  
(2) Manufacturers referred to in the preceding paragraph shall not be liable to pay 
remune ration with respect to devices or fixation media which are made for export.  
(3) Persons referred to in paragraph one of this Article shall not be liable to pay 
remuneration with respect to devices or fixation media which they have sold or imported for 
the first time for the purposes of:  
1. commercial reproduction of authors’ works for which the authorisation of the right -holders 
should be obtained or  
2. reproduction of authors’ works for the benefit of disabled persons when such reproduction is directly related to their disability.  
(4) (Ceased to be in force)  
Amount of remuneration Article 39  
(Ceased to be in force)  
Subsection 5  
RELATIONSHIP BETWEEN COPYRIGHT AND OWNERSH IP 
General  
Article 40  
Copyright shall be 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.  
Separation of legal transactions  
Article 41  
(1) Legal transactions involving individual economic rights or other rights of the 
author with respect to his work shall not affect the ownership of the material object in which 
the work is embodied unless otherwise provided by law or contract.  
(2) Legal transactions involving ownership in the material object in which the work 
is embodied shall not affect individual economic rights or other rights of the author with respect 
to his work unless otherwise provided by law or contract.  
Community property of spouses  
Article 42  
Only economic benefits deriving from a copyright shall be a part of the community 
property of spouses.  
Exhaustion of the right of distribution  
Article 43  
The right of distribution in respect of the original or copies of a work shall be 
exhausted within the European Union with the first sale or other transfer of ownership in the 
European Union of that original or copies of the work by the author or with his consent.  
Limitation to the right of transformation  Article 44  
(1) The owner of an architectural structure that has been built shall be free to make 
reconstructions thereof.  
(2) When implementing the provision of the preceding paragraph, the owner shall 
be obliged to respect the author’s right to integrity of the work.  
(3) Where a structure has been awarded a prize in an open competition, the owner 
shall be obliged to obtain the consent of the author. Such consent may not involve 
disproportionate costs for the owner or considerably prolong the time of reconstruction.  
Protection of  the original of a work 
Article 45  
(1) The owner of the original of a work who, taking account of the circumstances of 
the case, should assume that the author has a legitimate interest in its preservation, shall not destroy such an original without first offering to return it to the author on payment of the value 
of the material.  
(2) If such return is not possible, the owner shall enable the author to make a copy 
of the original of the work in an appropriate manner.  
(3) In the case of an architectural struc ture, the author of such work shall only have 
the right to make photographs of the work and to demand the delivery of the reproductions of 
designs at his own expense.  
Section 4  
LIMITATIONS TO COPYRIGHT  
General rule  
Article 46  
Limitations to copyright shall be permissible in cases laid down in this Section, 
provided that the extent of such use 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 1  
LEGAL LICENCES  
Teaching and periodicals  Article 47  
(1) Without the transfer of an appropriate economic right, but upon payment of 
equitable remuneration, it shall be permissible:  
1. to reproduce in readers and textbooks intended for teaching parts of works and single 
works of photography, fine arts, architecture, applied art, industrial design and 
cartography, provided these are already disclosed works of a number of authors;  
2. to reproduce in periodical publications or press summaries published articles on current 
economic, political or religious topics or other subject matter of the same character, unless 
the author has expressly prohibited it.  
(2) Provisions of the preceding paragraph shal l apply, mutatis mutandis , to public 
communication of the aforementioned works.  
(3) In cases referred to in the preceding paragraphs, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Disabled persons  
Article 47a 
(Deleted)  
Distance or cross- border teaching by electronic means  
Article 47b  
(1) Provided that it is not intended to achieve direct or indirect economic advantage, 
it shall be permissible, without the transfer of an appropriate economic right but upon payment of equitable remuneration, for the purpose of illustration in distance or cross -border teaching 
by electronic means, including examinations:  
1. to reproduce in electronic form and communicate to the public disclosed works;  
2. to transform databases and reproduce in electronic form, distribute and communicate to 
the public the transformed databases.  
(2) The use referred to in the preceding paragraph shall be made provided that such 
use is under the responsibility of an educational establishment, that it tak es place on its 
premises or on other premises or through a secure electronic environment which is accessible, 
in particular by means of authentication procedures, only to pupils or students enrolled in that 
programme, and to teachers and other persons prov iding instruction.  
(3) The use referred to in paragraph one of this Article shall be permitted to the 
extent of up to 15% of the work, but a photograph, an illustration or a very short work such as a short article may be used in its entirety. The work may not be used in such a way so as to 
replace its purchase, e.g. by successive reproductions of extracts from the same work.  
(4) Textbooks, workbooks, exercise books and other teaching materials intended 
primarily for use in teaching, and graphic editions of musical works, shall be used under a 
licence permitting the use of the work for the purpose of illustration in teaching pursuant to 
paragraph one of this Article, provided that such licences are readily available on the market. 
The licensor shall publish t he conditions of use in a prominent place on its website and shall 
inform the association of educational establishments which is the representative association 
of users under the Collective Management of Copyright and Related Rights Act and the ministry re sponsible for education thereof. However, if the licences are not readily available on 
the market, those works may also be used under the conditions laid down in this Article.  
(5) Where the use of the work referred to in this Article is made through a secu re 
electronic environment, it shall be deemed to take place exclusively in the Member State of 
the European Union in which the educational establishment is established.  
(6) In cases referred to in paragraph one of this Article, the source and authorship 
of the work shall be indicated if they are indicated on the work used.  
(7) Any contractual stipulation contrary to this Article shall be null and void.  
(8) The methodology for determining the value and range of tariffs for each method 
of use of copyright works in teaching and a cap on the tariff for the payment of the remuneration 
referred to in paragraph one of this Article shall be determined by the Government of the 
Republic of Slovenia by way of a decree. Paragraph five of Article 30 and Arti cle 31 of the 
Collective Management of Copyright and Related Rights Act shall not apply to the determination of the tariff for the payment of the remuneration referred to in paragraph one of 
this Article. Notwithstanding the provisions of Article 44 of the Collective Management of 
Copyright and Related Rights Act, the agreement on the payment of the remuneration referred to in this Article shall be concluded between the ministry responsible for education and the 
collective management organisations and shall  be published in the Official Gazette of the 
Republic of Slovenia.  
Subsection 2  
FREE USE 
Right to information  
Article 48  
(1) For the purposes of informing the public, it shall be free:  
1. to reproduce works which are capable of being seen or heard as a part o f a current event 
that is being reported on;  
2. to prepare and reproduce abstracts of published newspaper and similar articles in the form of press summaries;  
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 and pieces of news which have the nature of a press release.  
(2) The provisions of the preceding paragraph shall apply, mutatis mutandis , to 
public communication of the aforementioned works.  
(3) In cases referred to in the preceding paragraphs, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Persons with disabilities and beneficiary persons  
Article 48a  For the benefit of persons with disabilities and t he beneficiary persons referred to in 
Article 48b of this Act, the reproduction that also includes the necessary non- substantive 
adjustments, distribution and communication to the public of published works, shall be free, 
provided that such use is directly  related to their disability and to the extent required by the 
individual form of disability and is not intended to achieve direct or indirect economic benefit.  
Beneficiary person, work for a beneficiary person and accessible format copy   
Article 48b  
(1) "Beneficiary person" means a person who:  
1. is blind,  
2. has a visual impairment which cannot be improved so as to give the person visual function 
substanti ally equivalent to that of a person who has no such impairment, and who is, as a 
result, unable to read printed works for a beneficiary person to substantially the same 
degree as a person without such an impairment;  
3. has a perceptual or reading disability and is, as a result, unable to read printed works for 
a beneficiary person to substantially the same degree as a person without such disability; 
or  
4. is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus 
or move their eyes to the extent that would be normally acceptable for reading.  
(2) "Work" for a beneficiary person means a work in the form of a book, periodical, 
newspaper, magazine or other kind of writing, notation, including sheet music, and related 
illustrations, in any media, including in audio form such as audiobooks and in digital format, 
which is protected by copyright or related rights and which is published or otherwise lawfully 
made publicly available.  
(3) "Accessible format copy" means a copy of a work for  a beneficiary person in an 
alternative manner or form that gives a beneficiary person access to the work, including 
allowing such person to have access as feasibly and comfortably as a person without any of 
the impairments or disabilities referred to in paragraph one of this Article.  
Authorised entity and exchange of accessible format copies for beneficiary persons  
Article 48c  
(1) An authorised entity established in the Republic of Slovenia may for a beneficiary 
person or another authorised entity established in any Member State and under the conditions 
referred to in Article 48a of this Act make an accessible format copy of a w ork, or communicate, 
distribute or lend an accessible format copy to a beneficiary person or another authorised entity 
for the purpose of exclusive use by a beneficiary person.  
(2) A beneficiary person, or an authorised entity established in the Republic of 
Slovenia, may obtain from an authorised entity established in a Member State of the European 
Union an accessible format copy made of work for the beneficiary person, or have access to it 
for the exclusive use of the beneficiary person.  
(3) The authoris ed entity referred to in paragraph one of this Article shall be deemed 
to be an entity that provides education, training, adaptive reading or information access to 
beneficiary persons on a non- profit basis.  (4) The authorised entity referred to in paragraph one of this Article shall adopt and 
implement measures to ensure that it:  
1. communicates to the public, distributes or makes available accessible format copies only 
to beneficiary persons or other authorised entities;  
2. discourages the unauthorised reproduction, distribution or communication to the public of 
accessible format copies, e.g. by means of notices on its website and by informing 
beneficiary persons of the authorised and unauthorised means of using accessible format 
copies;  
3. demonstrates due care in, and maintains records of, its handling of works for beneficiary 
persons and of accessible format copies thereof;  
4. publishes and updates on its website or in any other manner information on how it 
complies with the obligations under points 1 to 3 of this paragraph;  
5. In cases where accessible format copies are exchanged with an authorised entity established in another Member State of the European Union, it shall, upon request, in an 
accessible way provide beneficiary persons, other authorised entities or  rightholders with 
the list of works for which it has accessible format copies and available formats, and with the names and contact details of authorised entities with which it has engaged in the exchange of accessible format copies.  
(5) The ministry res ponsible for culture shall publish on its website a list providing 
contact details of authorised entities established in the Republic of Slovenia that are engaged 
in the exchange of accessible format copies with an authorised entity established in another 
Member State of the European Union. This list shall be published on the basis of the 
information provided to the ministry responsible for culture by the authorised entities referred 
to in paragraph of this Article on a voluntary basis.  
(6) Contractual prov isions that preclude the provisions of paragraph one or two of 
this Article shall be null and void.  
Direct teaching  
Article 49  
(1) If it is not intended to achieve direct or indirect economic advantage and the 
educational establishment is responsible for its use, it shall be free:  
1. to communicate to the public, other than making available to the public, disclosed works 
for the purpose of illustration in direct teaching, including examinations;  
2. to publicly perform disclosed works at school ev ents with free admission on condition that 
the performers receive no payment for their performance;  
3. to conduct secondary broadcasting of school radio and television shows.  
(2) In cases referred to in the preceding paragraph, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Temporary reproduction 
Article 49a  
Temporary acts of reproduction which are transient or incidental and are an integral 
and essential part of a technological process and whose sole purpose i s 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 performed freely.  Communication to the public via terminals  
Article 49b  
Publicly acc essible archives, libraries, museums and educational establishments 
shall be free to communicate to the public works from their collections by means of dedicated 
terminals on their premises for the purpose of research or private study unless otherwise 
provided by a contract on the transfer of economic rights.  
Reproduction for private and other internal use 
Article 50  
(1) Subject to Article 37 of this Act, the reproduction of a disclosed work shall be 
free if made in no more than three copies and provided that the conditions referred to in 
paragraphs two or three are fulfilled.  
(2) A natural person shall be free to reproduce works:  
1. on paper or any similar medium by the use of photocopying or any other photographic 
technique having similar effects or  
2. on any other medium if this is done for private use where the copies are not made available or communicated to the public  and this is not done for direct or indirect economic 
advantage.  
(3) Publicly accessible archives, libraries, museums, and educational or scientific 
establishments shall be free to reproduce, on any medium, works from their own copies for 
internal use, pr ovided that this is not done for direct or indirect economic advantage.  
(4) Reproduction under the preceding paragraphs of this Article shall not be 
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 an 
architectural structure, unless otherwise provided by this Act or by contract.  
(5) Notwithstanding the preceding paragraph, it shall be free, under the conditions 
referred to in paragraph one of this Article:  
1. to reproduce a written work to the extent of the whole book where such a work has been out of print for a minimum of two years;  
2. to reproduce a graphic edition of a musical work by means of handwritten transcription.  
Free reproduction and making available to the public of orphan works  
Article 50a  
(1) Publicly accessible archives, libraries, museums, educational establishments, 
film or audio heritage institutions, and public -service broadcasting organisations may make 
available to the public orphan works provided that such use fulfils their public interest missions, in particular the preservation of, the restoration of, and the provision of cultural and educational 
access to their collections, including their digital collections, and may freely reproduce such 
works for the purposes of their digitisation, making available, indexing, cataloguing, 
preservation or restoration.  (2) Legal persons referred to in the preceding paragraph may generate revenues in 
the course of such u ses, this for the exclusive purpose of covering their costs of reproducing 
orphan works and making them available to the public.  
(3) Legal persons referred to in paragraph one of this Article may, by contract, 
assign another person to reproduce orphan work s or make them available to the public.  
(4) In the use of an orphan work, legal persons referred to in paragraph one of this 
Article shall indicate the author of the work and his legal successor if known.  
Orphan works  
Article 50b  
(1) An orphan work refer red to in paragraph one of the preceding Article shall be 
considered a work the authors of which have not been located or identified despite a diligent 
search for them having been carried out and, is protected by this Act, and which was published 
for the f irst time in a Member State or, in the absence of publication, was communicated for 
the first time to the public in a Member State or, in the absence of publication or communication 
to the public, was disclosed by a legal person referred to in paragraph one of the preceding 
Article with the consent of the author and it is reasonable to assume that the author would not 
oppose the use under paragraph one of the preceding Article.  
(2) Orphan works under the preceding paragraph shall be regarded as including 
only:  
- books, magazines, newspapers or other writings, audiovisual works and phonograms, and 
other works incorporated in, or constituting an integral part of, these works or phonograms 
contained in the collections of publicly accessible archives, libraries, m useums, 
educational establishments or film or audio heritage institutions and  
- audiovisual works and phonograms and other works incorporated in, or constituting an integral part of, these works and phonograms produced by public -service broadcasting 
organisations up to and including 31 December 2002 and commissioned by that date by such organisations for the exclusive exploitation by them or other co -producing public -
service broadcasting organisations and contained in their archives.  
(3) Where there is more t han one author of a work referred to in the preceding 
paragraph and not all of them have been identified or located after a diligent search has been 
carried out, the work may be used in accordance with paragraph one of the preceding Article 
provided that t he authors that have been identified and located have authorised such use.  
Diligent search  
Article 50c  
(1) A diligent search shall be carried out in good faith in respect of each work referred 
to in the preceding Article prior to its use by consulting at least the sources set out in Annex, which is an integral part of this Act. If there is evidence to suggest that relevant information on 
the author is to be found in other countries, sources of information available in those other 
countries shall also be consulted.  
(2) A diligent search shall be carried out in the Member State of first publication or, 
in the absence of publication, first communication to the public.  (3) In the case of an audiovisual work, the diligent search shall be carried out in the 
Member State in which the producer of the work has his registered office or permanent 
residence.  
(4) In the case of a work which was not published or communicated to the public in 
a Member State but was disclosed by a legal person referred to in paragraph one of Article 
50a of this Act with the consent of the author, the diligent search shall be carried out in the 
Member State in which that legal person is established.  
(5) Legal persons referred to in paragraph one of Article 50a of this Act may as sign 
another person to carry out a diligent search.  
Records of diligent searches  
Article 50č  
(1) Legal persons referred to in paragraph one of Article 50a of this Act shall keep 
records of their diligent searches containing the following information:  
- the accurate designation of the work which is considered an orphan work following the 
results of the diligent search;  
- information on the use of the orphan work;  
- any change of the orphan work’s status under Article 50d of this Act; and  
- documents showing that t he diligent search was carried out in accordance with the 
preceding Article.  
(2) Legal persons referred to in paragraph one of Article 50a of this Act shall send 
the information referred to in indents one, two and three of the preceding paragraph and their  
contact information to the ministry responsible for culture without delay using the designated 
application. Immediately after receiving such information, the ministry responsible for culture, 
using the designated application, shall forward the information to the online database of the 
office of the European Union responsible for intellectual property.  
(3) No diligent search shall need to be carried out with respect to a work that is 
already recorded as an orphan work in the single publicly accessible online database of the 
office of the European Union responsible for intellectual property.  
End of orphan work status and fair compensation  
Article 50d  
(1) If the author of a work that is considered as an orphan work under this Act has 
been located or identifi ed, legal persons referred to in paragraph one of Article 50a of this Act 
shall stop using the work immediately after they learn of this.  
(2) The author of an orphan work shall have the right to receive fair compensation 
for the use that has been made of his work and may seek such compensation from the legal 
person referred to in paragraph one of Article 50a of this Act which used his work.  
(3) For the purposes of determining the level of fair compensation, due account shall 
be taken of the costs of the dil igent search, the costs and revenues relating to making the 
orphan work available to the public, the costs of reproduction, and the costs of any harm to 
right-holders. Due account shall also be taken of the public interest in the field of culture as defined by the law governing the exercising of the public interest in culture and of the mission 
of a particular public institute or public agency as defined in its instrument of incorporation.  
(4) The method of calculation of fair compensation referred to in paragraph two of 
this Article and the method of payment of such fair compensation shall be determined by the 
Government of the Republic of Slovenia on the proposal of the minister responsible for culture.  
Permitted use of out -of-commerce works  
Article 50e  
(1) Publicly accessible archives, libraries, museums, film or audio heritage 
institutions and public broadcasting organisations may, in so far as this is not intended to 
achieve direct or indirect economic advantage, make freely available to the public on a non-commercial website the out -of-commerce works which they hold permanently in their 
collections and reproduce them for that purpose, including databases which they may 
transform for that purpose.  
(2) The use referred to in the preceding paragraph shall be permitted only if, under 
the Act governing the collective management of copyright and related rights, there is no 
representative collective management organisation for the collective management of rights in 
cases of the reproduction, distribution, communication to the public or making available to the 
public the works referred to in the preceding paragraph which is not for direct or indirect 
economic advantage.  
(3) An author may at any time exclude the use of his work under paragraph one of 
this Article.  
(4) In the cases referred to in paragraph one of this Article, the use of works 
excluded from legal transactions shall be deemed to take place exclusively in the Member 
State of the European Union in which the legal person referred to in paragraph one of t his 
Article is established.  
(5) In the cases referred to in paragraph one of this Article, the source and 
authorship of the work shall be indicated if they are indicated on the work used.  
Out-of-commerce works 
Article 50f  
(1) An out -of-commerce work referred to in paragraph one of the preceding Article 
shall be deemed to be a work which, after reasonable efforts have been made to ascertain 
whether the work is available to the public commercially, is presumed in good faith not to be 
available to the public commercially through the ordinary channels of trade. An undisclosed 
work shall also be deemed to be an out -of-commerce work if its use does not interfere with the 
moral rights of the author.  
(2) Collections of works shall not be deemed to be an out -of-commerce work 
referred to in the preceding paragraph if, after the verification referred to in the preceding 
paragraph, it is established that they consist essentially of:  1. works, other than audiovisual works, which have been disclosed for the first time or, if not 
disclosed, communicated for the first time to the public in a country which is not a Member 
State of the European Union;  
2. audiovisual works whose film producers have their registered office or permanent 
residence in a country which is not a Member State of the European Union; or  
3. works by nationals of countries which are not Member States of the European Union, 
where the country cannot be determined under the provisions of points 1 or 2 of this 
paragraph.  
(3) Notwithstanding the  provision of the preceding paragraph, collections of works 
referred to in the preceding paragraph shall be deemed to be an out -of-commerce work and 
shall be subject to the provisions of the Act governing the collective management of copyright 
and related rights, provided that the collective management organisation licensed for the 
collective management of rights in cases of the reproduction, distribution, communication to 
the public or making available to the public of those works which is not for direct o r indirect 
economic advantage, is representative of authors from its own country, which is not a Member 
State of the European Union, under the Act governing the collective management of copyright 
and related rights.  
Information  
Article 50g  
Legal persons referred to in paragraph one of Article 50e of this Act shall, at least 
six months before making available to the public an out -of-commerce work pursuant to 
paragraph one of Article 50e of this Act, provide the following information to the publicly accessibl e online portal of the office of the European Union responsible for intellectual 
property:  
1. information necessary to identify the work which, after the verification referred to in the 
preceding Article, is deemed to be an out -of-commerce work;  
2. information on the option available to the author under paragraph three of Article 50e of 
this Act;  
3. information on the use of the out -of-commerce work.  
Quotations  
Article 51  
(1) It shall be free to make quotations of parts of a disclosed work and of single 
disclosed works of photography, fine arts, architecture, applied art, industrial design and 
cartography provided this is necessary for the purposes of illustration, argumentation or 
referral.  
(2) In cases referred to in the preceding paragraph, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Accessory works of secondary importance  
Article 52  Such disclosed works that may be regarded as accessory works of secondary 
importance with regard to the actual purpose of some material object may be used freely in 
the exploitation of such an object.  
Free transformations  
Article 53  
Transformation of a disclosed work shall be permissible:  
1. if it is made for private or other internal purposes and is not intended for, or accessible to, 
the public;  
2. if the work is transformed into a parody, pastiche 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 done in connection with a permitted use and is dictated by the 
purpose of such use;  
4. if the transformation is done in connection with a permitted use and the author’s objection 
to such transformation is in contravention of the principles of good faith and fairness.  
Databases 
Article 53a  
(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 authorised to access only a part of the 
database, the provision of this Article shall apply only to that part.  
(2) Any contractual provision contrary to this Article shall be null and void.  
Public exhibition or sale of artistic works  
Article 54  
(1) The organiser of a public exhibition or sale of art istic 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 the preceding paragraph, the source and authorship of 
the work s hall be indicated if they are indicated on the work used.  
Works located in generally accessible premises 
Article 55  
(1) Works permanently placed in parks, streets, squares or other generally 
accessible premises shall be used freely.  (2) Works referred to i n the preceding paragraph may not be reproduced in a three-
dimensional form or used for the same purpose as the original work or used for economic 
advantage.  
(3) In cases referred to in paragraph one of this Article, the source and authorship 
of the work s hall be indicated if they are indicated on the work used.  
Official procedures  
Article 56  
The use of works shall be free if this is necessary in certain special cases for the 
performance of tasks relating to public security or the performance of any official procedures, 
such as procedures in the National Assembly of the Republic of Slovenia or the National Council of the Republic of Slovenia, or judicial proceedings or administrative or arbitration 
procedures.  
Testing of equipment  
Article 57  
Plants and shops  that manufacture or sell phonograms or videograms, equipment 
for their reproduction or public communication, or 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.  
Text and data mining  
Article 57a  
(1) For the purposes of text and data mining, the reproduction of lawfully accessed 
works shall be free. Text and data mining  shall mean any automated analytical technique 
aimed at analysing text and data in electronic form to generate information such as patterns, 
trends and correlations, including the digitisation of analogue content and remote access to 
such content where thi s is necessary for the purposes of text and data mining.  
(2) Copies of works made under the conditions referred to in the preceding 
paragraph may be retained for as long as necessary for the purposes of text and data mining.  
(3) The acts referred to in paragraph one of this Article shall not be permitted if the 
author has expressly and appropriately reserved the right to use the work, in particular by using 
internationally accepted standardised machine -readable means containing metadata and the 
terms and  conditions of use in the case of a work which is publicly available online.  
(4) An author may take appropriate measures to ensure the security and integrity of 
his networks and databases, but such measures may not be disproportionate and may not 
prevent the effective implementation of text and data mining as referred to in paragraph one of this Article. If the use of any security and protection measures prevents a person from 
carrying out acts permitted under this Article, the author shall provide that person with access to and use of the works or other protected subject matter in accordance with this Article within 
a time limit not exceeding 72 hours.  
(5) Any contractual stipulation contrary to this Article shall be null and void.  
Text and data mining for scientific research  
Article 57b  
(1) Research organisations, publicly accessible archives, libraries, museums, film 
or audio heritage institutions and public broadcasting organisations, as well as persons 
belonging to research organisations and cultural heritage institutions, may freely reproduce 
works to which they have lawful access under the conditions laid down in this Article and shall 
carry out text and data mining operations referred to in paragraph one of the preceding Article on works to which they have lawful access for the purposes of scientific research under the 
conditions laid down in this Article, including the digitisation of analogue content and remote 
access to such content where this is necessary for the purposes of text and data mining.  
(2) Universities, including their libraries, research organisations, public res earch 
organisations and other legal persons which, under the regulations governing scientific, 
research or educational activities, pursue, as their main objective, scientific research or 
educational activities, including scientific research on a non -profit -making basis or by 
reinvesting all profits in their scientific research, shall be deemed to be research organisations 
under this Article. A research organisation over which a legal person governed by private law 
exercises a decisive influence which provides it preferential access to research results shall 
not be deemed to be a research organisation under this Article.  
(3) Copies of works made under the conditions referred to in paragraph one of this 
Article shall be kept in a secure environment and may be retained for as long as is necessary 
for the purposes of verifying the results of the research for which the text and data mining was 
carried out. In order not to unduly restrict use pursuant to paragraph one of this Article, storage 
in a secure environmen t should be provided with an appropriate level of security, which should 
be proportionate and limited to what is necessary for the secure storage of copies and the 
prevention of unauthorised use.  
(4) An author may take appropriate measures to ensure the security and integrity of 
his networks and databases, but such measures may not be disproportionate and may not 
prevent the effective implementation of text and data mining as referred to in paragraph one 
of this Article. If the use of any security and protection measures prevents a person from 
carrying out acts permitted under this Article, the author shall provide that person with access 
to and use of the works in accordance with this Article within a time limit not exceeding 72 
hours.  
(5) The sharing and m aking available to the public of the results of the text and data 
mining referred to in paragraph one of this Article shall be permissible provided that the extent 
of the text and data mining is limited by the intended purpose, is compatible with fair prac tice, 
does not conflict with normal use of the work and does not unreasonably prejudice the 
legitimate interests of the author.  
(6) Any contractual stipulation contrary to this Article shall be null and void.  
Scientific research  Article 57c  
(1) For the pur pose of scientific research in the context of an individual or joint 
scientific research project or a review of the quality of a scientific research project, and not for 
direct or indirect economic advantage, persons engaged in the scientific research proj ect shall 
be free to reproduce up to 15% of a disclosed work, distribute it and communicate it to the 
public, and third parties shall be free to do so for the purpose of a review of the quality of the 
scientific research project.  
(2) Notwithstanding the pr eceding paragraph, up to 75% of a work may be 
reproduced for the purposes of the author's own scientific research.  
(3) Notwithstanding paragraphs one and two of this Article, a photograph, illustration 
or very short work, such as a short article, may be us ed in its entirety.  
(4) In the cases referred to in this Article, the source and authorship of the work shall 
be indicated if they are indicated on the work used  
(5) Any contractual stipulation contrary to this Article shall be null and void.  
Cultural heri tage preservation  
Article 57d  
(1) Publicly accessible archives, libraries, museums, film or audio heritage 
institutions and public broadcasting organisations may, for the purpose of preserving cultural 
heritage and in so far as necessary for such preservat ion, freely reproduce works which they 
have permanently in their collections.  
(2) Any contractual stipulation contrary to the preceding paragraph shall be null and 
void.  
Section 5  
LIMITATIONS ON THE DURATION OF COPYRIGHT  
Effect of expiry of terms 
Article 5 8 
On the expiry of the terms of copyright protection laid down in this Section, the work 
shall cease to enjoy copyright protection.  
General provision  
Article 59  Copyright shall run for the life of the author and for 70 years after his death unless 
otherwise provided by this Act.  
Co-authors  
Article 60  
(1) In the case of a work of joint authorship, the term referred to in the preceding 
Article shall be calculated from the death of the last surviving author.  
(2) The term of protection in respect of mus ical compositions with words the lyrics 
and music of which were created in order to be used together shall expire 70 years following 
the death of the last surviving author of the music or author of the lyrics, whether or not these 
persons are designated as  co-authors.  
(3) The term of protection in respect of an audiovisual work shall expire 70 years 
following the death of the last surviving of the following co- authors: the author of the 
screenplay, the author of the dialogue, the principal director and the composer of the film music 
specifically created for use in that work.  
Anonymous and pseudonymous works  
Article 61  
(1) Copyright in anonymous and pseudonymous works shall run for 70 years after 
the lawful disclosure of the work.  
(2) When the pseudonym leaves no doubt as to the identity of the author, or if the 
author discloses his identity during the period referred to in the preceding paragraph, the term 
of protection laid down in Article 59 of this Act shall apply.  
Collective works  
Article 62  
Copyright in collective works shall run for 70 years after the lawful disclosure of the 
work.  
Special term for certain undisclosed works  
Article 63  
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 years of its creation, the copyright 
shall expire with the expiry of the aforementioned term.  
Serial works  Article 64  
When, under 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.  
Collections  
Article 65  
(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 referred to in the preceding paragraph shall be additions, 
deletions or alterations to the selection or arrangement of the contents of a collection which 
are necessary in order that the collection may continue to function in the manner intended by 
its author.  
The right of withdrawal  
Article 66  
The right of withdrawal shall run for the lifetime of the author.  
Running of terms  
Article 67  
The terms of protection laid down in this Section of the Act shall start to run from the 
first day of January of the year following the year in which the event which gives rise to them 
occurs.  
Chapter Three  
LEGAL TRANSACTIONS INVOLVING COPYRIGHT  
Section 1  
GENERAL PROVISIONS 
Transfer of copyright by inheritance  
Article 68  Copyright as a whole, with the exception of the right to withdrawal, may be inherited.  
Non-transferability of copyright as a whole  
Article 69  
Copyright as a whole cannot be trans ferred.  
Transfer of single rights of the author  
Article 70  
(1) An author may not transfer his moral rights to other persons.  
(2) An author may transfer to other persons single economic rights and other rights 
of the author, either by contract or by another  legal transaction, unless otherwise provided by 
this Act.  
Execution  
Article 71  
(1) Copyright, unfinished works and undisclosed originals shall not be subject to 
execution.  
(2) Only economic benefits deriving from copyright may be subject to execution.  
Legal standing  
Article 72  
(1) Rights recognised by this Act to the author, including the right to seek judicial 
protection, belong to another right -holder to the extent in which they are transferred to him by 
law or by legal transaction unless otherwise provi ded by this Act.  
(2) Collective management organisations, trade union organisations and 
professional associations established for the protection of copyright and related rights shall 
also have standing to enforce protection of their members’ rights before courts and other 
bodies. They shall render an account of all proceedings to the members concerned.  
Section 2  
GENERAL PART OF COPYRIGHT CONTRACT LAW  
Scope of transfer  Article 73  
A transfer of single economic rights or other single rights of the author may be limited 
in terms of content, territory or time.  
Exclusive and non -exclusive transfer  
Article 74  
(1) A non- exclusive transfer shall give the right -holder the right to exploit the work in 
the manner agreed concurrently with the author and other right -holders.  
(2) An exclusive transfer shall give the right -holder the right to exploit the work in 
the manner agreed to the exclusion of the author and any other person.  
(3) Non- exclusive transfer made prior to a subsequent exclusive transfer shall have 
effect with respect to the holder of the exclusive rights unless otherwise provided by the 
agreement between the author and the holder of the non -exclusive rights.  
Presumptions as to the scope of transfer  
Article 75  
(1) Unless otherwise provided by law or contract, it shall be presumed that rights 
are transferred non -exclusively, that the transfer is territorially limited to the Republic of 
Slovenia and that the transfer is limited in its duration to the term customary for the relevant 
category of works.  
(2) If it is not specified which single rights are transferred, or to what extent a single 
right is transferred, it shall be presumed that only such rights, and only to such an extent, are 
transferred as is essential for the achievement of the purpose of the  contract.  
The rule of separate transfers  
Article 76  
(1) A transfer of a single economic right or other single right of the author has no 
effect on the transfer of his other rights unless otherwise provided by this Act or by contract.  
(2) A transfer of the right of reproduction of a work (Article 23) shall not include the 
transfer of the right to save it in electronic form, or the right to its sound or visual fixation, unless 
otherwise provided by law or contract.  
(3) A transfer of the right of distribution of copies of a work (Article 24) shall not 
include the transfer 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 transferred (Article 25), the author shall retain the right to equitable remuneration for 
each such rental. The author may not waive this right.  (5) Where the author transfers the right of rebroadcasting (Article 31), he shall have 
the right to equitable remuneration for each use of the work in the case of rebroadcasting. The 
author may not waive this right.  
(6) Where the author transfers the rights of communication to the public in the 
context of an online content -sharing service (Article 163c), they shall have the r ight to receive 
equitable remuneration from the online content -sharing service provider for each use of the 
work in the case of communication to the public in the context of an online content -sharing 
service.  
Presumptions of joint transfer  
Article 77  
(1) In the transfer of the right of reproduction of a work (Article 23), it shall be 
presumed that the right of distribution of copies of such a work (Article 24) has also been 
transferred, with the exception of the right of importation, unless otherwise provided by 
contract.  
(2) In the transfer of the right of broadcasting (Article 30), it shall be presumed that 
the broadcasting organisation also acquired the right:  
1. to make fixations of the work, on condition that the broadcasting organisation makes such 
fixations by means of its own facilities and for its own broadcasts, that it broadcasts them 
only once, and that it destroys such fixations no later than one month after the broadcast 
(ephemeral fixations) and 
2. to deliver ephemeral fixations to a public archive i f such fixations have exceptional 
documentary value. The broadcasting organisation shall immediately notify the author of 
this. 
Subsequent transfers  
Article 78  
(1) A right -holder to whom an economic right or other author’s right has been 
transferred may not further transfer this right to a third party without the consent of the author 
unless otherwise provided by contract.  
(2) Consent referred to in the preceding paragraph shall not be required where the 
subsequent transfer of the right is  effected in consequence of status changes, bankruptcy or 
ordinary liquidation of the right -holder.  
(3) Where subsequent transfer is allowed without the author’s consent either by law 
or by contract, the initial and subsequent right -holders shall be jointl y liable to the author for 
his claims.  
Nullity  
Article 79  Any contractual stipulation shall be considered null and void if the author undertakes 
to transfer with it:  
1. copyright in its entirety;  
2. moral rights;  
3. economic rights with respect to all his future works; or  
4. economic rights with respect to yet unknown means of use of his work.  
Formality  
Article 80  
(1) All transfers of economic rights or other author’s rights and all authorisations 
shall be in writing unless otherwise provided by law.  
(2) In the case of  non-compliance with the preceding paragraph, any controversial 
or unclear stipulations shall be interpreted in favour of the author.  
Royalties and remuneration  
Article 81  
(1) Where the author transfers economic rights or other rights of the author, the 
author shall be entitled to equitable and proportionate royalties or remuneration.  
(2) Where royalties or remuneration have not been determined, they shall be 
calculated by taking into account the usual fees for a particular category of works, the scope 
and duration of use, and other circumstances of the case.  
(3) Where the royalties or remuneration agreed in the contract is manifestly 
disproportionately low compared to any subsequent revenue derived from the use of the 
copyright work, taking into account all the circumstances of the case, the author or his 
representative, such as an organisation of authors of particular categories of copyright works, 
may request the other party or his successors in title to modify the contract in such a way so 
as to provide for additional, appropriate and fair remuneration.  
(4) The provisions of the preceding paragraph shall not apply to joint agreements 
and contracts concluded by a collective management organisation or an independent 
management entity in accordance  with the Act governing the collective management of 
copyright and related rights.  
(5) The author may not waive the right referred to in paragraph three of this Article.  
Revenue records and reporting  
Article 82  
(1) Where the royalties or remuneration have been agreed upon or determined in 
proportion to the revenues derived from the use of a work, the user of the work shall keep appropriate books or other records on the basis of which the amount of such revenues can be 
determined. The user of the work shall provide the author access to those books or records.  (2) The user of a work who has acquired, for consideration, from the author 
economic rights or other rights of the author shall keep appropriate books or other records in 
such a way so as to comply with the obligation to report to the author. The user of the work 
shall also keep the contact details of the persons who have acquired rights to use the work 
from the user by means of the further transfer of rights for consideration (surname, first name 
and address, or company name and registered office, telephone number, e- mail address).  
(3) The user of a work shall, at least once a year, send the author, on request, an 
up-to-date, relevant and comprehensive report which, taking into account the specificities o f 
each sector, shall include in particular:  
1. all uses of the work;  
2. all revenues derived from the use of the work, including revenues derived from the 
marketing of goods or services where the work is included;  
3. the royalties or remuneration due to the author.  
(4) Where the user of a work has acquired rights to use the work by virtue of the 
further transfer of rights for consideration, the author may request that the user provide the 
information referred to in the preceding paragraph if the author's firs t contracting party does 
not have this information. At the request of the author, his first contracting party shall send him 
the contact details of the persons who have acquired rights to use the work from the first 
contracting party by means of the further transfer of rights for consideration (surname, first 
name and address, or company name and registered office, telephone number, e -mail 
address).  
(5) The reporting obligation referred to in paragraphs three and four of this Article 
shall relate to the per iod of actual use of the work for economic advantage.  
(6) The provisions of paragraphs three and four of this Article shall not apply if the 
contribution of the author is not significant having regard to the overall work or has a minor 
impact on the overal l work, unless the author proves that he needs the information to modify 
the contract pursuant to paragraph three of the preceding Article.  
(7) Where the reporting obligation referred to in paragraph three or four of this Article 
is not proportionate to th e revenue derived from the use of the work, the reporting obligation 
shall be limited to the types and level of information that can reasonably be expected in such 
cases.  
(8) The provisions of the second sentence of paragraph two of this Article and of 
paragraphs three to seven of this Article shall not apply to joint agreements and contracts 
concluded by a collective management organisation or an independent management entity in 
accordance with the Act governing the collective management of copyright and r elated rights.  
(9) Contractual stipulations that are contrary to the provisions of this Article to the 
detriment of the author shall be null and void.  
Alternative dispute resolution  
82.a 
(1) Authors and users may resolve a dispute through mediation or any other form of 
alternative dispute resolution, in particular with regard to the transfer of an economic right or 
other right of the author (paragraph two of Article 70), royalties and remuneration (Article 81), 
and revenue records and reporting (Article 82) . (2) The organisation of authors of particular categories of copyright works may, on 
the proposal of the author, initiate the procedures referred to in the preceding paragraph.  
(3) Contractual stipulations that are contrary to the provisions of this Artic le to the 
detriment of the author shall be null and void.  
Revocation of economic rights  
Article 83  
(1) An author may revoke a transferred economic right, in whole or in part, if its 
exclusive holder exploits this right to an insufficient extent or not at a ll and the author’s 
legitimate interests are considerably affected thereby. The author may not revoke the right if 
the reasons for non- exploitation or insufficient exploitation originate mainly from his sphere or 
can reasonably be expected to be eliminated by the author.  
(2) The revocation referred to in the preceding paragraph may not be effected before 
the expiry of two years from the time of transfer of the economic right to a work. In the case of 
contributions to daily newspapers, this time limit shall be three months, and in the case of other 
periodical publications, the time limit shall be one year.  
(3) An author may exercise his right to revocation under this Article only after first 
giving the holder adequate additional time to comply with the demand for sufficient exploitation. 
After the expiry of that period, the author may revoke the exclusivity of the transfer of rights 
instead of revoking the economic right.  
(4) With the exercising of the right of revocation, the economic right of the holder 
shall expire.  
(5) The author may not waive the right of revocation under this Article.  
(6) If equity so requires, the author shall pay appropriate compensation to the right -
holder.  
Authors’ collective agreements  
Article 84  
Organisations of authors of individual categories of copyright 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 3  
SPECIAL PART OF COPYRIGHT CONTRACT LAW  
Subsection 1  PUBLISHING CONTRACT  
Definition  
Article 85  
(1) By a publishing contract, the author shall undertake to transfer to the publisher 
the right of reproduction of his work in the form of printing and the right to distribute the copies 
of the work, w hile the publisher shall undertake to pay the agreed royalties to the author and 
to reproduce and distribute the work.  
(2) The publishing contract with respect to a certain work may also include an 
agreement on a club edition, a pocket -book edition, a peri odical edition in instalments, the 
transfer of the right of translation, etc.  
Rights of an agent  
Article 86  
An author’s agent may conclude a publishing contract only for such works as are 
expressly mentioned in his power of attorney.  
Contents of the publi shing contract  
Article 87  
(1) The publishing contract shall specify, in particular, the type of transfer of rights, 
the scope and duration of the transfer of rights, territorial limitations of rights, the time limit for 
the publication of the work, and the  amount of royalties to be paid to the author.  
(2) If the royalties are fixed as a percentage of the retail price of the copies of the 
work sold, the publishing contract shall specify the minimum number of copies of the first 
edition. Such a provision shal l not be necessary if the contract specifies the minimum royalties 
which the publisher is obliged to pay to the author regardless of the actual number of copies 
sold.  
(3) If the royalties are set as a lump sum, the publishing contract shall specify the 
total number of copies to be printed. If this number is not specified, 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.  
Presumption of exclusivity of transfer  
Article 88  
(1) During the period of validity of the publishing contract, the author may not 
transfer the right of reproduction or the right of distribution of the work in the same language 
to a third party unless otherwise provided by contract.  (2) The author may transfer the right of reproduction or distribution of newspaper 
articles simultaneously to several users unless otherwise provided by contract.  
Publisher’s priority right  
Article 89  
(1) The publisher who has acquired the right to publish a work in book form shall 
have, in relation to other publishers offering the same conditions, the priority right to publish 
the work in electronic form.  
(2) The priority right under the preceding paragraph shall run for a period of three 
years from the agreed date of publication of the literary work. The publisher shall give a written 
statement of the author’s written offer within 30 days of its receipt.  
Improvements of the work 
Article 90  
Unless otherwise provided by the publishing contract, for new editions of the work, 
the publisher shall be obliged to allow the author to make improvements or other alterations to 
his work, provided this does not involve any excessive costs for the publisher and does not 
alter the charact er of the work.  
Destruction of the work by force majeure  
Article 91  
(1) If the work is destroyed by force majeure after its delivery to the publisher, the 
author shall be entitled to the royalties that would have been due to him if the work had been publis hed. 
(2) If the entire prepared edition is destroyed by force majeure before it is put into 
circulation, the publisher shall be entitled to prepare a new edition, and the author shall have the right to royalties only for the destroyed edition.  
(3) If a par t of a prepared edition is destroyed by force majeure before it is put into 
circulation, the publisher shall be entitled to reproduce without paying royalties to the author 
only such a number of copies as have been destroyed.  
Termination of the contract  
Article 92  
(1) The publishing contract shall terminate:  
1. if the author dies before the completion of the work;  
2. if the copies of all agreed editions have sold out;  
3. if the term of validity of the contract has expired;  4. in other cases provided by law or contract.  
(2) The author may withdraw from the publishing contract if the publisher, after an 
edition has sold out, does not proceed to publish a new agreed edition within three years of 
the date when the author requested it, unless otherwise provided by contract.  
(3) An edition shall be considered sold out under the preceding paragraphs if the 
number of unsold copies is less than 5% of the total edition and in any case if the number is 
less than 100 copies.  
(4) If the publisher does not publish the work within the agreed time limit, the author 
may withdraw from the contract and claim damages; in addition, he may keep the royalties 
received or demand payment of the agreed royalties.  
(5) If the time limit for the publication of the work is not stipulated in the contract, the 
publisher shall be obliged to publish the work within a reasonable period of time, but not later than one year from the date of delivery of the work.  
Exception to the formality requirement  
Article 93  
The provisions of this Act requiring contracts for a copyright work to be made in 
writing shall not apply to contracts for the publication of articles, drawings or notes in 
newspapers, magazines or other periodicals.  
Destruction of copies  
Article 94  
(1) If the publisher intends to sell the unsold copies of the work for pulping within 
three years of the agreed publication date of the work, unless a longer period is stipulated in 
the publishing contract, they shall be obliged to first offer them to the author at the price they 
would obtain if copies were sold for pulping.  
(2) If the author does not purchase the offered copies or purchases only some of 
them, the publisher may sell the remaining copies for pulping.  
Subsection 2  
PERFORMANCE CONTRACT  
Definition  
Article 95  By a performance contract, an author shall undertake to transfer to the user the right 
of public recitation, public performance or public staging of his work, while the user shall 
undertake to pay to the author the agreed royalties and to recite, perform or stage the work.  
Contents of the performance contract  
Article 96  
The performance contract shall specify, in particular, the type of transfer of rights, 
the scope and duration of the transfer of rights, territorial limitations of rights, the time limit for 
the performance of the work, and the amount of royalties to be paid to the author.  
Obligations of the user  
Article 97  
The user shall be obliged to allow the author to inspect the performance of the work, 
to ensure 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 performance, unless 
otherwise provided by contract.  
Withdrawal from the contract  
Article 98  
If the user does not perform the work within the agreed time li mit, the author may 
withdraw from the contract and claim damages; in addition, he may keep any royalties received or demand payment of the agreed royalties.  
Subsection 3  
CONTRACT TO COMMISSION A COPYRIGHT WORK  
Commissioned copyright work  
Article 99  
(1) By a contract to commission a work, an author shall undertake to create a certain 
work and deliver it to the person commissioning it, who shall undertake to pay a remuneration to the author.  
(2) The person commissioning the work may supervise the process and give 
instructions, provided that he does not interfere with the author’s freedom of scientific and 
artistic expression.  (3) The author shall retain the copyright to the commissioned work, with the 
exception of the right of distribution, unless otherwise pr ovided by this Act or by contract.  
(4) The contract to commission a work shall be subject to provisions relating to 
contracts for work unless otherwise provided by this Act.  
Collective copyright work 
Article 100  
(1) A collective copyright work shall be a w ork which is created by the collaboration 
of a large number of co- authors on the initiative and under the organisation of a natural or legal 
person commissioning the work and which is published and used under the name of the natural 
or legal person commiss ioning it (e.g. encyclopaedias and anthologies).  
(2) A special contract shall be concluded for the purpose of creating a collective 
work. If the conditions referred to in the preceding paragraph are not met, such a contract shall be null and void.  
(3) It s hall be deemed that the economic rights and other rights of the authors to a 
collective work are exclusively and without limitations transferred to the person commissioning 
the work, unless otherwise provided by contract.  
Subsection 4  
EMPLOYMENT RELATIONSHIP  
Copyright work created in the course of employment  
Article 101  
(1) When a copyright work is created by an employee in the execution of his duties 
or following instructions given by his employer (a copyright work created in the course of 
employ ment), it shall be deemed that the economic rights and other rights of the author to such 
work are exclusively transferred to the employer for a period of ten years from the completion of the work, unless otherwise provided by contract.  
(2) After the expir y of the period referred to in the preceding paragraph, the rights 
referred to in the preceding paragraph shall revert to the employee; however, the employer may claim a new exclusive transfer of these rights for equitable remuneration.  
Special rights  
Article 102  
Notwithstanding the provisions of the preceding Article,  
1. an employee shall retain the exclusive 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 other rights of the author to a database and 
in a collective work are transferred exclusively and without limitations to the employer, 
unless otherwise provided by contract.  
Chapter Four  
SPECIAL PROVISIONS ON COPYRIGHT WORKS 
Section 1  
AUDIOVISUAL WORKS  
Definition  
Article 103 
Audiovisual works under this Act shall be cinematographic films, television films, 
animated films, short music videos, advertising films, documentaries and other audiovisual 
works, expressed by means of a sequence of related moving images, with or without sound, 
regardless of the medium in which said works are embodied.  
The right of audiovisual adaptation  
Article 104  
(1) The right of audiovisual adaptation shall be the exclusive right to transform or 
include a pre -existing work in an audiovisual work.  
(2) It shall be deemed that, by concluding a contract for audiovisual adaptation, the 
author of a pre- existing work transferred to the film producer, exclusively and without 
limitations, the right of transformation and inclusion of the pre -existing work in an audiovisual 
work and his economic rights and other rights of the author to this audiovisual work, its translations, its audiovisual transformations and photographs made in connection with the production of the audiovisual work, unless otherwise provided by contract.  
(3) Notwithstanding the provisions of the preceding paragraph, the author of a pre -
existing work shall have:  
1. the exclusive right to further transformation of the audiovisual work into another artistic form;  
2. the exclusive right to a new audiovisual adaptation of the pre -existing work, but only after 
the expiry of ten years from the conclusion of the contract referred to in the preceding paragraph;  
3. the right to claim equitable remuneration from the film producer for each rental of videograms of an audiovisual work.  
4. the right to equitable remuneration for each rebroadcasting of the audiovisual work;  
5. the right to receive equitable remuneration from the online content -sharing service 
provider for each communication to the public of the audiovi sual work in the context of an 
online content -sharing service;  6. the right to equitable remuneration for each communication to the public of the audiovisual 
work in the context of video- on-demand services;  
7. the right to equitable remuneration for each act of making the audiovisual work available 
to the public for direct or indirect economic advantage other than that referred to in points 
5 and 6 of this paragraph.  
(4) The author of a pre- existing work may not waive the rights referred to in the 
preceding parag raph.  
Co-authors of an audiovisual work  
Article 105  
(1) The following shall be considered as co -authors of an audiovisual work:  
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 pri ncipal director,  
6. the composer of music specifically created for use in the audiovisual work.  
(2) If animation represents an essential element of the audiovisual work, the 
principal animator shall be considered as a co -author of that work.  
Authors of cont ributions to an audiovisual work 
Article 106  
An animator or a composer of film music who is not considered a co -author of an 
audiovisual work under the preceding Article, a scenographer, a costume designer, a make -
up artist, and an editor shall all have authors’ rights with respect to their respective 
contributions to the audiovisual work (authors of contributions).  
Film production contract  
Article 107  
(1) The relationships between the film producer and the authors of an audiovisual 
work and authors of contributions, as well as the relationships between the authors 
themselves, shall be regulated by a film production contract, which shall be made in writing in 
accordance with this Act.  
(2) It shall be deemed that, by concluding a film production contract, co -authors 
have transferred to the film producer, exclusively and without limitations, all their economic rights and other rights of the author to an audiovisual work, its translation, its audiovisual 
transformations and photographs made in connection with this work, unless otherwise 
provided by contract.  (3) It shall be deemed that, by concluding a film production contract, authors of 
contributions have transferred to the film producer, exclusively and without limitations, the right 
to use their contri butions for the purpose of completion of the audiovisual work.  
(4) Notwithstanding the provisions of the preceding paragraphs:  
1. the co -authors shall have the exclusive right to further transformation of an audiovisual 
work into another artistic form;  
2. the authors of contributions shall have 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 shall have the right to equitable remuneration from the film producer for 
each rental of videograms of an audiovisual work;  
4. the co -authors shall have the right to equitable remuneration for each rebroadcasting of 
an audiovisual work;  
5. the co -authors shall have the right to receive equitable remuneration from the online 
content -sharing service provider for each communication to the public of the audiovisual 
work in the context of an online content -sharing service;  
6. the co- authors shall have the right to equitable remuneration for each communication to 
the public of the audiovisual work in the context of video- on-demand services;  
7. the co- authors shall have the right to receive equitable remuneration for each act of 
making the audiovisual work available to the public for direct or indirect economic 
advantage other than that referred  to points 5 and 6 of this paragraph.  
(5) Co -authors and authors of contributions may not waive the rights referred to in 
the preceding paragraph.  
Royalties  
Article 108  
(1) Co -authors of an audiovisual work shall be entitled to royalties separately for 
each transferred economic right or other right of the author.  
(2) Having regard to Article 82 of this Act, a film producer shall report to the co-
authors of an audiovisual work separately for each authorised form of use of the work.  
Completion of an audiovisual work 
Article 109  
(1) An audiovisual work shall be deemed to be completed when, in accordance with 
the agreement between the principal director and the film producer, the first standard copy of the work which is the subject matter of the contract is completed.  
(2) The master of the first standard copy referred to in the preceding paragraph may 
not be destroyed.  
(3) Any changes to the copy of the audiovisual work referred to in paragraph one of 
this Article may be made only with the prior consent of the pr incipal director and the film 
producer.  
(4) If any of the co -authors or authors of contributions 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 the contributi on he has already made for the purpose of completion of 
such work. Such an author shall have respective rights to the contribution he has already 
made.  
Withdrawal from the contract  
Article 110  
(1) If a film producer does not complete the audiovisual work w ithin five years of the 
conclusion of the film production contract, or if he does not distribute the completed audiovisual work within one year of its completion, the co- authors may withdraw from the contract, unless 
a different time limit has been agreed.  
(2) In the case referred to in the preceding paragraph, co- authors and authors of 
contributions retain the right to payment of royalties.  
Section 2  
COMPUTER PROGRAMS  
Definition  
Article 111  
(1) Computer programs under this Act shall be programs expressed in any form, 
including preparatory design materials for their creation.  
(2) Ideas and principles which underlie an element of a computer program, including 
those which underlie its interfaces, shall not be protected.  
(3) Computer programs shall be protected if they are individual works in the sense 
that they are their author’s own intellectual creations.  
Employment and the contract to commission a copyright work  
Article 112  
Where a computer program is created by an employee in the execution of his  duties 
or following instructions given by his employer, or where it is created by an author under a 
contract to commission a copyright work, it shall be deemed that the economic rights and other 
rights of the author to such a program are transferred to the employer or person commissioning 
the work, exclusively and without limitations, unless otherwise provided by contract.  
Rights of the author  
Article 113  (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, this in part or in whole. Insofar as loading, displaying, running, transmission 
or storage of the comput er 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, this 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 also transfer the rights referred to in the preceding paragraph to 
third parties with a licence agreement.  
Limitations to the author’s rights  
Article 114  
(1) Unless otherwise provided by contract, the acts referred to in points 1 and 2 of 
the preceding Article, including error corrections, may be done by the lawful acquirer of the 
computer program without the authorisation of the author if this is necessary for the use of the 
computer program in accordance with its intended purpose.  
(2) A lawful user of a computer program may, without the authorisation of the author, 
make a maxi mum of two back -up copies of the program if this is necessary for its use.  
(3) A lawful user of a copy of a computer program may, without the authorisation of 
the author, observe, study or test the functioning of the program in order to determine the ideas  
and principles that underlie any 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) A lawful user of a copy of a computer program may:  
1. in the case of using the computer program for illustration in distance or cross -border 
teaching by electronic means, provided that the conditions referred to in Article 47b of this 
Act are fulfilled, perform the acts referred to in paragraph one of the preceding Article, 
where the distribution is limited to electronic form;  
2. in the case of an out -of-commerce work, provided that the conditions referred to in Article 
50e, 50f and 50g of this Act are fulfilled, perform the acts referred to in paragraph one of 
the preceding Article;  
3. in the case of text and data mining, provided that the conditions referred to in Article 57a 
of this Act are fulfilled, perform the acts referred to in points 1 and 2 of paragraph one of 
the preceding Article;  
4. in the case of cultural heritage preservation, provided that the conditions referred to in 
Article 57d of this Act are fulfilled, perform the acts referred to in point 1 of paragraph one 
of the preceding Article.  
(5) The provisions of this Act on the right of withdrawal (Article 20), the right to 
remuneration, persons liable and reproduction for private and other internal use (Articles 37, 
38 and 50, respectively), the right of the author to equitable remuneration for rebroadcasting 
(paragraph five of Article 76), the right to equitable remuneration for communication to the 
public in the context of an online content -sharing service (paragraph six of Article 76), royalties and remuneration (Article 81), revenue records and reporting (Article 82), alternative dispute 
resolution (Arti cle 82a) and revocation of economic rights (Article 83) shall not apply to 
computer programs. Computer programs may not be lent publicly (Article 36) unless otherwise 
provided by a contract with the author.  
(6) Contractual stipulations that are contrary to  paragraphs two and three of this 
Article shall be null and void.  
Decompilation  
Article 115  
(1) Reproduction of the code or translation of the code of a computer program within 
the meaning of points 1 and 2 of Article 113 of this Act shall not require the authorisation of the 
author where such reproduction or translation is indispensable for obtaining the information necessary to achieve the interoperability of an independently created computer program with 
other programs, or with hardware, prov ided that the following conditions are met:  
1. that these acts are performed by the licensee or by another lawful user or on their behalf 
by a person authorised to do so;  
2. that the information necessary to achieve interoperability has not been previously readi ly 
available to the persons referred to in the preceding point; and  
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 application of the pr eceding paragraph 
may not be:  
1. used for goals other than to achieve the interoperability of the independently created computer program;  
2. given to third parties, except when necessary for the interoperability of the independently created computer program; or  
3. used for the development, production or marketing 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 interpreted in such a way as to allow its 
application to be used in a manner that unreasonably prejudices legitimate interests of the author or conflicts with any normal use of the computer program.  
(4) Any contractual stipulation contrary to this Article shall be null and void.  
Special measures of protection  
Article 116  
The following acts of a person shall be considered as infringements of copyright in 
a computer program:  
1. any distribution of a copy of a computer program in the knowledge 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 in the 
knowledge or having reason to believe that it is an infringing copy.  
Application of other legal provisions  Article 117  
The provisions of this Section shall be without prejudice to any other legal provisions 
on computer programs, such as those concerning patents, trademarks, protection of 
competition, trade secrets, protection of semi -conductor products or contractual obligations.  
Chapter Five  
RELATED RIGHTS  
Section 1  
RIGHTS OF PERFORMERS  
Definition  
Article 118  
(1) "Performers" shall mean actors, singers, musicians, dancers and other persons 
who act, sing, deliver, recite, play in, interpret or otherwise perform copyright works or 
expressions of folklore.  
(2) Directors of theatrical presentations, conductors of orchestras, choir directors, 
sound editors, and variety and circus artists shall also be deemed to be performers under the 
preceding paragraph.  
Representative of a group of performers  
Article 119  
(1) Performers who collectively take part in a performance, such as members of an 
orchestra, choir, dancing troupe, theatrical group or other similar ensemble, shall authorise 
one of their members to be their representative responsible for the granting of authori sations 
necessary for the performance.  
(2) To take effect, such authorisation shall be in writing and shall require the majority 
consent of all members of the ensemble.  
(3) The provisions of the two preceding paragraphs shall not apply to conductors, 
soloists or directors of theatrical performances.  
Moral rights of performers 
Article 120  (1) The exclusive right of performers to have their name or other designation 
indicated in connection with the performance shall be enjoyed:  
1. where the performances are given by solo performers –  by such performers;  
2. where performances are given by ensembles of performers –  by the ensemble as a whole, 
by the artistic director and by the soloists.  
(2) Performers shall have the exclusive right to object to any distortion or other 
modification of their performance or any use of their performance if such modification or use 
could be prejudicial to their person.  
Economic rights of performers  
Article 121  
Performers shall have the exclusive right:  
1. to fix their live performance;  
2. to reproduce the phonograms or videograms containing their performance;  
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 out phonograms or videograms containing their performance.  
The right to remuneration for communicating to the public a phonogram and 
videogram  
Article 122  
(1) A performer shall have the right to a share of the remuneration received by the 
phonogram producer for communicating to the public a phonogram in which his performance 
is fixed.  
(2) A performer shall have the right to equitable remuneration for each broadcasting 
or any other communication to the public of a videogram of his performance. The remuneration shall be paid by the user to the performer.  
(2) The performer may not waive the right under this Article.  
Termination of the contract on transfer of rights 
Article 122a  
(1) If a performer requests termination of the contract by which he transferred 
economic rights under Article 83 of this Act because the phonogram producer, within 50 years 
of the phonogram being lawfully published or, in the absence of such publication, wi thin 50 
years of it being lawfully communicated to the public, has not offered copies of the phonogram 
for sale in sufficient quantity or has not made it available to the public, by wire or wireless 
means, in such a way that members of the public may acces s it from a place and at a time individually chosen by them, the additional period of time referred to in paragraph three of 
Article 83 of this Act shall be one year.  
(2) If the phonogram producer, within the time limit referred to in the preceding 
paragraph, fails to carry out both of the acts of exploitation referred to therein, the performer 
may exercise the right to terminate the contract on transfer of economic rights.  
Annual supplementary remuneration  
Article 122b  
(1) Where a contract on transfer of economic rights gives the performer the right to 
claim a non- recurring remuneration, the performer shall have the right to obtain an annual 
supplementary remuneration from the phonogram producer for each full year immediately 
following the 50th year after t he phonogram was lawfully published or, in the absence of such 
publication, the 50th year after it was lawfully communicated to the public. The performer may 
not waive the right to such remuneration.  
(2) The total amount to be set aside by a phonogram producer for payment of the 
annual supplementary remuneration referred to in the preceding paragraph shall correspond 
to 20 % of the revenue which the phonogram producer has derived during the year preceding 
that for which said remuneration is paid from the reproduction, distribution and making 
available of the phonogram in question following the 50th year after it was lawfully published 
or, in the absence of such publication, the 50th year after it was lawfully communicated to the 
public.  
(3) Phonogram produce rs shall be required on request to provide to performers who 
are entitled to the annual supplementary remuneration referred to in paragraph one of this 
Article any information which may be necessary in order to secure payment of that 
remuneration.  
Recurring remuneration 
Article 122c  
Where a performer is entitled to recurring payments of remuneration in accordance 
with the contract on transfer of economic rights, neither advance payments nor any 
contractually defined deductions shall be deducted from the pay ments made to the performer 
following the 50th year after the phonogram was lawfully published or, in the absence of such 
publication, the 50th year after it was lawfully communicated to the public.  
The right to remuneration 
Article 123  
(1) A performer sha ll have the right to remuneration for the reproduction for private 
or other internal use under paragraph two of Article 37 of this Act.  (2) Where the performer has transferred to the phonogram producer or film producer 
the right to rent out phonograms or v ideograms containing his performance, the phonogram 
producer or film producer shall pay the performer fair compensation for such.  
Presumption of transfer  
Article 124  
(1) By entering into a contract for film production, a performer shall be presumed to 
have transferred to the film producer, exclusively and without limitations, all economic rights in 
his performance unless otherwise provided by contract.  
(2) For each economic right which was transferred under the preceding paragraph, 
the performer shall have the right to demand equitable remuneration from the film producer.  
(3) The performer may not waive the right referred to in the preceding paragraph.  
Completion of an audiovisual work  
Article 125  
When any of the performers involved refuses to complete his c ontribution to an 
audiovisual work or if he is unable to do so owing to force majeure, he may not object to the 
use of the contribution he has already made for the purpose of completion of such work. Such 
a performer shall have respective rights as to the contribution he has already made.  
Performance given in the course of employment  
Article 126  
Where a performance is given by an employee in the execution of his duties or 
following instructions given by his employer (performance in the course of employment), the 
relationships with respect to such performance shall be governed by a collective agreement or other contract.  
Duration of rights  
Article 127  
The rights of a performer shall expire 50 years after the date of the performance. If 
a fixation of the performance otherwise than on a phonogram is lawfully published or lawfully 
communicated to the public within this period, the rights of the performer shall expire 50 years 
from the date of the first such publication or the first such communication t o the public, 
whichever is the earlier. If a fixation of the performance on a phonogram is lawfully published 
or lawfully communicated to the public within this period, the rights shall expire 70 years from 
the date of the first such publication or the fir st such communication to the public, whichever is 
the earlier.  Section 2  
RIGHTS OF PRODUCERS OF PHONOGRAMS  
Producers of phonograms  
Article 128  
(1) "Producer of a phonogram" shall mean a natural person who, or a legal person 
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" shall mean a fixation of the sounds of a performance 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" shall mean the embodiment of sounds or of representations thereof 
on a medium from which they can be perceived, reproduced or communicated via a device.  
Rights of producers of  phonograms  
Article 129  
Producers of phonograms shall have the exclusive right:  
1. to reproduce their phonograms;  
2. to transform their phonograms;  
3. to distribute their phonograms;  
4. to rent out their phonograms;  
5. to make their phonograms available to the public.  
The right to remuneration for communicating to the public a phonogram  
Article 130  
(1) If a phonogram published for commercial purposes or a copy thereof is used for 
broadcasting or for any other communication to the public, the user shall pay to the producer 
of phonograms equitable remuneration for each instance of such communication.  
(2) The producer of phonograms shall pay half the remuneration referred to in the 
preceding paragraph to the performers whose performances are fixed on the phonogram used, unless different shares are stipulated by the contract between the producers of phonograms 
and the performers.  
(3) For the purposes of this Article, phonograms made available to the public in such 
a way that members of the public may access them from a place and at a time individually 
chosen by them shall be considered as phonograms published for commercial purposes.  
The right to remuneration Article 131  
A producer of phonograms shall have the right to remuneration for the reproduction 
for private or other internal use under paragraph two of Article 37 of this Act.  
Duration of rights  
Article 132  
The rights of producers of phonograms shall expire 50 years after the fixation is 
made. If the phonogram is lawfully published within this period, t he rights shall expire 70 years 
from the date of the first such publication. If no such publication has taken place and if the 
phonogram has been lawfully communicated to the public within this period, said rights shall 
expire 70 years from the date of the first such communication to the public.  
Section 3  
RIGHTS OF FILM PRODUCERS  
Film producers  
Article 133  
(1) "Film producer" shall mean a natural person who or a legal person which, in their 
own name and for their own account or for somebody else’s account, organises and manages the production of an audiovisual work or of a sequence of moving images and has the 
responsibility for its completion.  
(2) "Videogram" shall mean the first recording of an audiovisual work or a sequence 
of moving images, with or without sound, or a substitute therefor, from which they can be 
perceived, reproduced or communicated via a device.  
Rights of film producers 
Article 134  
Film producers shall have the exclusive right:  
1. to reproduce their videograms;  
2. to distribute their videograms ; 
3. to rent out their videograms;  
4. to present their videograms to the public;  
5. to make their videograms available to the public.  
The right to remuneration for communicating to the public a videogram  
Article 134a  A film producer shall have the right to equitabl e remuneration for each instance of 
broadcasting or any other communication to the public of a videogram.  
The right to remuneration 
Article 135  
A film producer shall have the right to remuneration for the reproduction for private 
or other internal use under paragraph two of Article 37 of this Act.  
Duration of rights  
Article 136  
The rights of a film producer shall expire 50 years after the fixation is made. If a 
videogram is lawfully published or lawfully communicated to the public within this period, the 
rights of the film producer shall expire 50 years from the date of the first such publication or 
the first such communication to the public, whichever is the earlier.  
Section 4  
RIGHTS OF BROADCASTING ORGANISATIONS  
Rights of broadcasting organisations  
Article 137  
Broadcasting organisations shall have the exclusive right:  
1. to rebroadcast their broadcasts;  
2. of secondary broadcasting of their broadcasts if such communication is made in places 
accessible to the public on payment of an admission fee;  
3. to fix their broadcasts;  
4. to reproduce the fixations of their broadcasts;  
5. to distribute the fixations of their broadcasts;  
6. to make their broadcasts available to the public.  
Duration of rights  
Article 138  
The rights of broadcasting organisations shall expire 50 years after the first 
transmission of a broadcast.  
Section 5  RIGHTS OF PUBLISHERS  
The right to remuneration 
Article 139  
(1) Publishers shall have the right to a share of the remuneration for reproduction 
for private or other internal use under par agraph three of Article 37 of this Act where the authors 
have transferred their rights to them.  
(2) The right referred in the preceding paragraph shall expire 50 years from the date 
of the lawful publication of the work.  
Press publications  
Article 139a  
(1) The publisher of a press publication established in the European Union shall, for 
the use of a press publication in the context of the services of an information society service 
provider as regulated by the Act governing electronic commerce market, have t he exclusive 
right to:  
1. reproduce its press publication;  
2. make its press publication available to the public.  
(2) A press publication under this Act shall be deemed to be a collection composed 
mainly of literary works of a journalistic nature, which may also include other copyright works 
or subject matter of related rights and which:  
1. constitutes an individual item within a periodical or regularly updated publication under a 
single title, such as a newspaper or a general or special interest magazine;  
2. has t he purpose of providing the general public with information related to news or other 
topics; and  
3. is published in any media under the initiative, editorial responsibility and control of a 
service provider.  
(3) Periodicals that are published for scientific or academic purposes, such as 
scientific journals, shall not be deemed to be press publications referred to in the preceding paragraph  
The rights referred to in paragraph one of this Article shall not apply to:  
1. private or non -commercial uses of press public ations by individual users;  
2. acts of hyperlinking;  
3. the use of individual words or very short extracts of a press publication.  
(5) The rights referred to in paragraph one of this Article shall be without prejudice 
to the rights of authors and the rights of holders of related rights with respect to the works and the subject matter of the related rights incorporated in the press publication. The publisher of 
a press publication may not enforce the rights referred to in paragraph one of this Article:  
1. against the  author of the copyright work that is incorporated in the press publication or the 
holder of a related right whose subject matter is incorporated in the press publication, and 
may not prevent the author or the holder of a related right from using the same copyright 
work or the same subject matter independently of the publisher's press publication in 
which it is incorporated;  2. against another user who, on the basis of a non- exclusive transfer, has acquired rights to 
use the same work or subject matter of a related right which is incorporated in the 
publisher's media publication on the basis of the non- exclusive transfer;  
3. by prohibiting the use of a work or subject matter of a related right incorporated in its press 
publication if that work or the subject matter of a related right is no longer protected under 
the provisions of this Act.  
(6) The rights referred to in paragraph one of this Article shall run for two years from 
the first lawful publication of the press publication. This term shall begin on 1 January of the 
year following the date of publication of the press publication.  
(7) The author shall have the right to an appropriate share of the revenues that the 
publisher of the press publication in which the author's copyright work is incorporat ed receives 
from the information society service provider under paragraph one of this Article. The author may not waive this right.  
Unpublished works in the public domain  
Article 140  
(1) A person who for the first time lawfully publishes or lawfully communicates to the 
public a previously unpublished work in which copyright has expired shall benefit from 
protection equivalent to the economic rights of the author and other rights of the author under 
this Act.  
(2) The rights referred to in the preceding parag raph shall expire 25 years from the 
date of the first lawful publication or communication to the public of the work.  
Critical and scientific publications of works in the public domain  
Article 141  
(1) A person who prepares a publication of a work in which c opyright has expired 
and which is the result of scientific work, with such publication being significantly different from 
previously known publications of such work, shall benefit from protection equivalent to the 
economic rights of the author and other ri ghts of the author under this Act.  
(2) The rights referred to in the preceding paragraph shall expire 30 years from the 
date of the first lawful publication of the work.  
Section 6  
RIGHTS OF MAKERS OF DATABASES  
Databases 
Article 141a  (1) "Database" shall mean a collection 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 and requiring a qualitatively or quantitatively substantial investment 
in either the obtaining, the verification or the presentation of its contents.  
(2) The protection of a database or its contents under this Section shall apply 
regardless of their protection by copyright or by other rights. The inclusion of ma terial into a 
database and its use shall be without prejudice to rights existing in respect of that material.  
Scope of protection  
Article 141b  
(1) Protection under this Section shall apply to:  
1. the whole contents of a database;  
2. any qualitatively or quanti tatively substantial part of the contents of a database;  
3. the repeated and systematic use of qualitatively or quantitatively insubstantial parts of the contents of a database which conflicts with normal exploitation of that database or 
unreasonably prejudi ces 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.  
Rights of makers of databases 
Article 141c  
Makers of databases shall  have the exclusive right:  
1. to reproduce their database;  
2. to distribute copies of their database;  
3. to rent out copies of their database;  
4. to make their database available to the public;  
5. to other forms of communication to the public of their database.  
Righ ts and obligations of lawful users  
Article 141d  
(1) A lawful user of a disclosed database or a copy thereof shall be free to use 
qualitatively or quantitatively insubstantial parts of its contents for any purposes whatsoever. 
Where the user is authorised t o use only a part of the database, the provision of 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 normal exploitation of that database or which unreasonably prejudice the 
legitimate interests of the maker of the database.  
(3) A lawful user of a disclos ed database or a copy thereof may not cause prejudice 
to the copyright or related rights in respect of the works or subject matter contained in that 
database.  (4) Any contractual stipulation contrary to this Article shall be null and void.  
Employment and contracts for work  
Article 141e  
Where a database is made by an employee in the execution of his duties or following 
instructions given by his employer, or where it is made by a person under a contract for work, 
it shall be deemed that the exclusive rights to such a database are exclusively and without 
limitations transferred to the employer or to the commissioning party, unless otherwise provided by contract.  
Duration of rights  
Article 141f  
(1) The rights of a maker of databases shall last for 15 years from the completion of 
the making of a database. If the database is lawfully disclosed within this period, the rights 
shall last for 15 years from the first such disclosure.  
(2) Any qualitatively or quantitatively substantial change to the contents of a 
database which results in the database being considered a substantial new investment, 
evaluated qualitatively or quantitatively, shall qualify the database resulting from that 
investment for a new term of protection. A substantial change to contents shall also include an accumulation of successive additions, deletions or alterations of the database.  
Limitations to the rights of a maker of databases 
Article 141g  
(1) Lawful users of a published database may use a substantial part of its contents:  
1. for the purposes of illustration in distance or cross -border teaching by electronic means, 
provided that the conditions referred to in Article 47b of this Act are fulfilled;  
2. for the purposes of illustration in direct teaching, provided that the conditions referred to in point 1 of paragraph one of Article 49 of this Act are fulfilled;  
3. for private or other internal use of the contents of a non- electronic database, provided that 
the conditions referred to in Article 50 of this Act are fulfilled.  
(2) The use of a published database shall be permissible in the case of:  
1. out-of-commerce works, provided that the conditions referred to in Article 50e, 50f and 
50g of this Act are fulfilled;  
2. text and data mining, provided that the conditions referred to in Article 57a of this Act are fulfilled;  
3. text and data mining for scientific research, provided that the conditions referred to in 
Article 57b of this Act are fulfilled;  
4. cultural heritage preservation, provided that the conditions referred to in Article 57d of this Act are fulfilled.  
(3) The use of a database shall be free if this is necessary in certain special cases 
for the performance of tasks relating to public security or the performance of any official procedures, such as procedures in the National Assembly of the Republic of Slovenia or the 
National Council of the Republic of Slovenia, or judicial proceedings or administrative or 
arbitration procedures.  
Chapter Six  
MANAGEMENT AND ENFORCEMENT OF RIGHTS  
(Ceased to be in force)  
Section 1  
GENERAL PROVISIONS 
Author and agent  
Article 142  
(Ceased to be in force ) 
Individual and collective enforcement  
Article 143  
(Ceased to be in force ) 
Scope of management through an agent  
Article 144  
(Ceased to be in force ) 
Related rights  
Article 145  
(Ceased to be in force ) 
Section 2  
COLLECTIVE MANAGEMENT  
Activities of collective management organisations  
Article 146  (Ceased to be in force ) 
Mandatory collective management  
Article 147  
(Ceased to be in force ) 
Application for the issue of authorisation  
Article 148  
(Ceased to be in force ) 
Grounds for refusal  
Article 149  
(Ceased to be in force ) 
The issue of authorisation  
Article 150  
(Ceased to be in force ) 
Contract with the author  
Article 151  
(Ceased to be in force ) 
Obligation to manage rights collectively  
Article 152  
(Ceased to be in force ) 
Rules for the distribution of revenue  
Article 153  
(Ceased to be in force ) 
Special case of distribution  
Article 154  (Ceased to be in force ) 
Obligation to provide information  
Article 155  
(Ceased to be in force ) 
Tariff  
Article 156  
(Ceased to be in force ) 
Joint agreement  
Article 157  
(Ceased to be in force ) 
Procedure before the Board 
Article 157a  
(Ceased to be in force ) 
The Board’s decision  
Article 157b  
(Ceased to be in force ) 
Costs of the procedure before the Board  
Article 157c  
(Ceased to be in force ) 
Judicial protection against the Board’s decisions 
Article 157d  
(Ceased to be in force ) 
The Board  
Article 157e  (Ceased to be in force ) 
Organisation of the Board 
Article 157f  
(Ceased to be in force ) 
Obligation to contract  
Article 158  
(Ceased to be in force ) 
Obligation of users to provide information  
Article 159  
(Ceased to be in force ) 
Supervision by members 
Article 160  
(Ceased to be in force ) 
Annual reports and audits  
Article 161  
(Ceased to be in force ) 
Supervision by the competent authority  
Article 162  
(Ceased to be in force ) 
Measures in the case of infringements by collective management organisations  
Article 162a  
(Ceased to be in force ) 
Mediation  
Article 163  (Ceased to be in force ) 
Arbitration 
Article 163a  
(Deleted)  
Chapter Six a  
COMMUNICATION TO THE PUBLIC IN THE CONTEXT OF ONLINE CONTENT -SHARING 
SERVICES  
Online content -sharing  service providers  
Article 163b  
(1) An online content -sharing service provider shall be deemed to be an information 
society service provider under the provisions of the Act governing the electronic commerce 
market whose main purpose or one of the main purposes is to store and offer to the public 
access to a large number of copyright works uploaded to a server by users of its services and 
organised and promoted by that provider for the purpose of making a profit.  
(2) Information society service providers, such as not -for-profit online 
encyclopaedias, not -for-profit scientific or educational repositories, open- source software 
development and sharing platforms, electronic communications service providers as referred 
to in the Act governing electronic communicat ions, online marketplaces and business -to-
business cloud services, and cloud services that allow users to upload content for their own 
use to a server, shall not be deemed to be online content -sharing service providers.  
(3) The provisions of this Chapter, in so far as they relate to a copyright work, a 
copyright and the author, shall apply, mutatis mutandis , to the subject matter of related rights, 
related rights and their holders.  
Liability of online content -sharing service providers  
Article 163c  
(1) An online content -sharing service provider performs an act of communication to 
the public when it makes available to the public copyright works uploaded to a server by its 
users, for which it must obtain the author's permission. That permission shall also cover  acts 
of communication to the public carried out by users of that provider's services where they do 
so without the intention to obtain direct or indirect economic advantage or where the activities 
of these users do not generate substantial revenue.  
(2) Whe re an online content -sharing service provider performs an act of 
communication to the public under the provisions of this Chapter, the provisions on the liability 
of a hosting service provider under the Act governing electronic commerce market shall not 
apply, except to its conduct in the context of other information society services.  (3) If the online content -sharing service provider does not have the author's 
permission, it shall be liable for unauthorised acts of communication to the public of a copyright 
work, unless it proves that it has:  
1. made all reasonable efforts to obtain the author's permission,  
2. made all reasonable efforts, acting with the diligence of a good professional, to ensure the 
unavailability of a particular copyright work for which the author has provided it with the 
relevant and necessary information, and  
3. upon receipt of a sufficiently substantiated request from the author, immediately removed 
the notified copyright work from its website or disabled access thereto, and made all 
reasonable efforts to prevent its further upload to its server in accordance with the 
preceding point.  
(4) In determining whether an online content -sharing service provider has complied 
with its obligations under the preceding paragraph, account shall be taken, having regard to 
the principle of proportionality, in particular of:  
1. the type, audience and extent of the services and the type of copyright works uploaded by the users of the service, and 
2. the availability of suitable and effective means and their cost for t he service provider.  
Liability of new online content -sharing service providers  
Article 163d  
(1) A new online content -sharing service provider shall be deemed to be a provider 
of online content -sharing services whose services have been available to the public in the 
European Union for less than three years and whose net turnover as at the annual balance 
sheet cut -off date does not exceed EUR 10 million.  
(2) The provisions of this Chapter, with the exception of paragraph three of the 
preceding Article, shall also apply to a new provider of online content -sharing services.  
(3) If a new online content -sharing service provider does not have the author's 
permission, it shall be liable for unauthorised acts of communication to the public, unless it 
proves that it has:  
1. made all reasonable efforts to obtain the author's permission and,  
2. upon receipt of a sufficiently substantiated request from the author, immediately removed 
the notified copyright work from its website or disabled access to it.  
(4) Where the average number of monthly unique visitors of a new online content -
sharing service provider exceeds 5 million, calculated on the basis of the previous calendar year, the new online content -sharing service provider shall not be liable for unauthorised acts 
of comm unication to the public if, in addition to the circumstances referred to in the preceding 
paragraph, it demonstrates that it has made all reasonable efforts to prevent further upload to 
its server of the notified copyright work, for which the author has pr ovided relevant and 
necessary information.  
Measures by an online content -sharing service provider  
Article 163e  
(1) The measures taken by an online content -sharing service provider in cooperation 
with the author may not prevent the availability of a copyright work uploaded to its server by a user who lawfully uses that work. The online content -sharing service provider may not prevent 
users of its services from uploading and communicating to the public content generated by 
them for the purposes of quotation, criticism, review, caricature, parody or pastiche.  
(2) The online content -sharing service provider shall inform the users of its services 
that they may use the copyright work in accordance with the content -related limitations to 
copyright referred to in th e preceding paragraph in the terms and conditions which it publishes 
on its website.  
(3) The obligations of an online content -sharing service provider referred to in 
paragraph three of Article 163c and paragraph three and paragraph four of Article 163d of this 
Act shall not impose a general monitoring obligation in respect of the content uploaded by users to the server.  
An author's right to information  
Article 163f  
(1) An online content -sharing service provider shall provide an author, upon his 
request, rel evant information on:  
1. the type of measures taken to prevent unauthorised acts of communication to the public referred to in paragraph three of Article 163c, or paragraph three and paragraph four of 
Article 163d of this Act, and the manner of taking the measures;  
2. the use of copyright works, where the provider has obtained the author's permission.  
(2) The transfer of the personal data of individual users and other processing of 
personal data shall be prohibited, unless otherwise provided by another act or reg ulation of the 
European Union.  
Request by an author  
Article 163g  
An author may request an online content -sharing service provider to remove his 
notified copyright work from its website or to disable access thereto where the work has been 
uploaded to the server of the online content -sharing service provider and communicated to the 
public without the author's permission. The author shall substantiate his request to the extent 
necessary to enable the online content -sharing service provider to take a decision on the basis 
thereof.  
Complaint by a user  
Article 163h  
(1) An online content -sharing service provider shall provide users of its services an 
effective, rapid and free -of-charge complaint procedure for removing content uploaded by 
users to its server or fo r disabling access thereto.  (2) The online content -sharing service provider shall promptly inform the user who 
has uploaded content to its server that the content has been removed or access thereto has 
been disabled, of the reasons for such and of the poss ibility of filing a complaint.  
(3) The online content -sharing service provider shall lay down the complaint 
procedure in the terms and conditions that it publishes on its website.  
(4) The online content -sharing service provider shall ensure that a complaint filed 
by a user of its services is decided on without delay by a human being.  
(5) Notwithstanding the complaint procedure, the online content -sharing service 
provider and the user of its services may agree to resolve disputes regarding the online 
content -sharing services, the removal of content or the disabling of access to content in the 
manner provided by Article 82a of this Act.  
Chapter Seven  
PROTECTION OF RIGHTS  
Section 1  
GENERAL PROVISIONS 
Beneficiaries  
Article 164  
(1) A person whose rights under thi s Act have been infringed (a beneficiary) may 
seek the protection of his rights and claim compensation for damage from the infringer or 
infringers in accordance with the rules on the causing of damage, unless otherwise provided 
by this Act.  
(2) The same protection may be sought by a beneficiary when there is an actual risk 
that an infringement of the rights under this Act will occur.  
Severally bound beneficiaries and infringers  
Article 165  
(1) Where there are several beneficiaries of a right under this Act, each of them may 
seek the protection of this right in its entirety.  
(2) Where there are several infringers of a right under this Act, each of them is liable 
for the infringement in its entirety.  
Protection of rights- management information  Article 1 66 
(1) It shall be deemed that a person infringes the exclusive rights under this Act 
when he, without authorisation, commits any of the following acts by which he induces, 
enables, facilitates or conceals infringements of the rights under this Act:  
1. the removal or alteration of any electronic rights -management information;  
2. the reproduction, distribution, importation for distribution, rental or communication to the 
public of a copyright work or subject matter of related rights in relation to which electronic 
rights -management information has been removed or altered without authorisation.  
(2) "Rights -management information" referred to in the preceding paragraph shall 
mean any information provided by right -holders on the identification of the subject m atter of 
rights, the author, the right -holder, and the terms and conditions for use and their relevant 
numbers and codes when they are 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.  
Technological measures 
Article 166a  
(1) It shall be deemed that a person infringes the exclusive rights under this Act 
when they circumvent effective technological measures designed to protect copyright works or 
subject matters  of related rights.  
(2) It shall be deemed that a person infringes the exclusive rights under this Act 
when he manufactures, imports, distributes, sells, rents out, 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;  
2. have only a limited commercially significant purpose or use other than t o circumvent 
effective technological measures; or  
3. are primarily designed, produced, adapted or performed for the purpose of enabling or 
facilitating the circumvention of effective technological measures.  
(3) "Technological measures" under this Article shall mean any technology, device, 
product, component or computer program 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 "ef fective" where the use of a protected work is 
controlled by the right -holders under this Act through the application of an access -control or 
protection process, such as encryption, scrambling or other transformation of the protected 
work, or a copy -control  mechanism which achieves the protection objective.  
(4) This Article shall also apply, mutatis mutandis , to any technology, device, 
product, component or computer program by which electronic rights -management information 
is removed or altered (Article 166).  
(5) The acts referred to in the preceding paragraphs shall not be deemed 
infringements if they are carried out in certain special cases of performance of tasks relating 
to public security or the performance of any official procedures, such as procedures in the 
National Assembly of the Republic of Slovenia or the National Council of the Republic of 
Slovenia, or judicial proceedings or administrative or arbitration procedures.  Obligation to use markings 
Article 166b  
In the case of the use of technological  measures under this Act, the right -holder or 
importer shall put a clearly visible marking on each copy of a copyright work or subject matter 
of related rights manufactured or imported for commercial purposes indicating:  
1. information on the technological m easure and its effects and  
2. his registered name and address in order to ensure an effective implementation of 
paragraph one of Article 166c of this Act.  
Application of limitations to rights  
Article 166c  
(1) A right -holder who uses technological measures pu rsuant to this Act shall 
provide, on request and within the shortest time possible, those persons having legal access to a copy of a copyright work or the subject matter of related rights with the means to apply the 
limitations to rights referred to in par agraph three of this Article by modifying a technological 
measure or by other means.  
(2) If the right -holder fails to secure the means referred to in the preceding 
paragraph, the persons seeking to apply the limitations on rights may request mediation.  
(3) Limitations to rights pursuant to paragraph one shall be applied, subject to 
conditions laid down by this Act, including any payment of remuneration, in the following cases:  
1. use for the benefit of people with disabilities and beneficiary persons (Artic le 48a);  
2. illustration in distance or cross -border teaching by electronic means (Article 47b);  
3. illustration in direct teaching (point 1 of paragraph one of article 49);  
4. reproduction for private and other internal use (Article 50);  
5. official procedures (Article 56);  
6. text and data mining (Article 57a);  
7. text and data mining for scientific research (Article 57b);  
8. scientific research (Article 57c);  
9. cultural heritage preservation (Article 57d);  
10. ephemeral fixations made by broadcasting organisations (paragraph two of Article 77).  
(4) Paragraphs one, two and three of this Article shall not apply to technological 
measures that are used for:  
1. the fulfilment of a right -holder’s obligation under paragraph one of this Article, including 
the im plementation of appropriate contracts concluded for this purpose;  
2. protected works that are used, on the basis of an appropriate contract, within the meaning 
of Article 32a of this Act.  
Section 2  
JUDICIAL PROTECTION 
Claims  Article 167  
(1) When the exclusiv e rights under this Act are infringed, the beneficiary may 
request that:  
1. the infringement and any future infringements be prohibited;  
2. the infringing goods be recalled from the channels of commerce, taking account of the 
interests of bona fide third parti es;  
3. the situation caused by the infringement be rectified;  
4. the infringing goods be irrevocably removed from the channels of commerce;  
5. the infringing goods be destroyed;  
6. the means of the infringement that are owned by the infringer and are intended or used exclusively or principally for the infringement be destroyed;  
7. the infringing goods be given to the beneficiary on payment of the costs of their production;  
8. the judgment be published.  
(2) In deciding on the claims referred to in points 2 to 7 of the preceding paragraph, 
the court shall take account of all circumstances of the case, in particular proportionality 
between the gravity of the infringement and the claim and the interest of th e beneficiary in 
ensuring the effective protection of rights. The provisions of points 3 and 5 of the preceding 
paragraph shall not apply to built architectural structures, unless the destruction of such 
structures is appropriate considering the circumstances of the case.  
(3) In proceedings against a person whose services have been used to infringe a 
right, and where the existence of such an infringement has already been finally established in 
proceedings against a third party, it shall be deemed that the infringement exists.  
Compensation for damage and punitive damages 
Article 168  
(1) Infringements under this Act shall be subject to general rules governing the 
causing of damage, unless otherwise provided by this Act.  
(2) The infringer shall be obliged to pay to the beneficiary compensation in the 
amount defined under general rules on compensation for damage or in an amount that is equal 
to the agreed or customary royalties or remuneration for lawful use of such kind.  
(3) If a right under this Act was infr inged intentionally or as a result of gross 
negligence, the beneficiary may claim the payment of the agreed or customary royalties or 
remuneration for such use, increased by up to 200%, irrespective of whether he suffered any 
actual pecuniary damage becaus e of the infringement.  
(4) In deciding on the claim for the payment of the punitive damages and in setting 
their amount, the court shall take into account all circumstances of the case, in particular the 
degree of culpability of the infringer, the amount of the agreed or customary royalties or 
remuneration, and the preventive purpose of the punitive damages.  
(5) If the pecuniary damage exceeds the amount of the punitive damages, the 
beneficiary shall have the right to claim the difference up to the value of full compensation.  
Monetary satisfaction for non- pecuniary damage Article 169  
Irrespective of any compensation for pecuniary damage, or even if there is no 
pecuniary damage suffered, the court may award to an author or a performer fair monetary 
compensa tion for the mental anguish and suffering endured as a result of the infringement of 
his moral rights if it finds that the circumstances of the case, and especially the degree of 
suffering and its duration, so dictate.  
Interim injunctions  
Article 170  
(1) T he court shall issue an interim injunction to secure non- monetary claims under 
this Act if the beneficiary shows that there are probable grounds for believing that:  
1. he is a right -holder under this Act and  
2. his right has been infringed or that there is an actual risk that it will be infringed.  
(2) The beneficiary shall also show that there are probable grounds for believing:  
1. that there is a risk that the enforcement of claims will be made impossible or rather difficult;  
2. that the injunction is necessary to prevent damage difficult to repair; and  
3. that, in the event that the injunction is issued but subsequently proves unfounded in the 
course of the proceedings, the harm to the alleged infringer would not be greater than the 
harm to the beneficiary if such an injunction were not to be issued.  
(3) A beneficiary who proposes the issuing of an interim injunction without prior 
notification or hearing of the opposite party shall show, in addition to the requirements of 
paragraphs one and two, that there are probable grounds for believing that any delay in issuing 
the interim injunction would cause him damage difficult to repair. In this case, the opposite 
party shall be notified no later than immediately after the execution of the injunction.  
(4) The beneficiary shall not be obliged to prove that there is a risk that the 
enforcement of claims will be made impossible or rather difficult if he shows that there are 
probable grounds for believing that the proposed injunction would cause the infringer only 
negligible damage. Such a risk shall be deemed to exist when the claims are to be enforced 
abroad, unless a claim is to be enforced in another Member State of the European Union.  
(5) To secure non- monetary claims under paragraph one  of this Article, the court 
may issue any interim injunction with which the purpose of security can be achieved, in 
particular:  
1. to prohibit the alleged infringer from continuing the alleged infringement or from any future 
infringements;  
2. to seize, remove from circulation and take into custody the infringing goods and the means 
of the infringement that are intended or used exclusively or principally for the infringement.  
(6) The court shall decide on an objection to the decision on the interim injunction 
within 30 days of the date of filing the response to the objection or of the expiry of the time limit 
for filing the response to t he objection.  
(7) The provisions of the law governing claim enforcement and security shall apply 
to proceedings for the issuing of an interim injunction, unless otherwise provided by this Act. 
The proceedings shall be urgent.  
Preservation of evidence Article 171  
(1) The court shall issue an order to preserve evidence if the beneficiary has 
presented reasonably available evidence to support his claim:  
1. that he is a right -holder under this Act;  
2. that his right has been infringed or that there is an actual ri sk that it will be infringed; and  
3. that evidence of the infringement will be destroyed or that it will be impossible to take such 
evidence at a later time.  
(2) A beneficiary who requests the issuing of an order to preserve evidence without 
prior notificat ion or hearing of the opposite party shall show, in addition to the requirements of 
paragraph one, that there are probable grounds for believing that there is a risk of evidence of 
the infringement being destroyed as the result of the conduct of the opposi te party or that it will 
be impossible to take such evidence at a later time. In this case, the opposite party shall be notified no later than immediately after the execution of the order.  
(3) The court may issue an order referred to in paragraph one of t his Article to take 
any evidence in particular:  
1. to inspect premises, business documents, inventories, databases, computer memory units 
or other items;  
2. to seize samples of the infringing goods;  
3. to examine and seize documents;  
4. to appoint and examine experts; and  
5. to examine witnesses.  
(4) The preservation of evidence may also be requested after the decision by which 
the proceedings are completed has become final if this is necessary before or during 
proceedings with extraordinary legal remedies.  
(5) The provisions of the law governing claim enforcement and security relating to 
interim injunctions shall apply, mutatis mutandis , to the proceedings for the preservation of 
evidence under this Article, unless otherwise provided by this Act. The proceedings shall be 
urgent.  
(6) Where it is subsequently found that the request for the preservation of evidence 
was unfounded or that the beneficiary did not justify it, the opposite party shall have the right 
to request:  
1. the return of the seized objects;  
2. the prohi bition of the use of information obtained; and  
3. compensation for damage.  
(7) In the proceedings for the preservation of evidence under this Article, the court 
shall ensure that confidential information from the parties is protected and that judicial 
proceedings are not used in bad faith with the sole purpose of obtaining confidential information 
from the opposite party.  
Obligation to provide information  
Article 172  
(1) In proceedings concerning an infringement of rights, the court may, upon a 
justified request by a party, order that information on the origin and distribution networks of the 
goods or services which infringe a right referred to this Act be provided by the alleged infringer.  (2) The court may order that information referred to in the preceding paragraph be 
also provided by any person who:  
1. possesses the infringing goods on a commercial scale;  
2. uses the infringing services on a commercial scale; or  
3. provides on a commercial scale services used in infringing activities. An act shall be 
deemed to be carried out on a commercial scale if it is carried out for direct or indirect 
economic advantage.  
(3) The court may order that information referred to in paragraph one of this Article 
be also provided by a person who was indicated by the person referred to in the preceding 
paragraph as being involved in the production, manufacture or distribution of the goods or the 
provision of the services.  
(4) The information referred to in paragraph one may comprise:  
1. the names and addresses or registered names and registered offices of the producers, 
manufacturers, distributors, suppliers and other previous holder s of the goods or providers 
of services and any intended wholesalers and retailers and  
2. information on quantities produced, manufactured, delivered, received or ordered and on 
the price obtained for the goods or services in question.  
Presentation of eviden ce 
Article 173  
(1) If the court decides to take the proposed evidence and the evidence is in the 
possession of the opposite party, that party shall present such evidence at the request of the court.  
(2) The preceding paragraph shall also apply to banking,  financial and commercial 
documents under the control of the opposite party if the infringement was committed on a commercial scale.  
(3) The provisions of the law governing contentious civil procedure 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 paragraph one of this Article, the court 
shall ensure that confidential information from the parties to the proceedings is protected and that judicial proceedings are not used in bad faith with the sole purpose of obtaining confidential 
information from the opposite party.  
Section 3  
MEASURES TO ENSURE PROTECTION  
Register  
Article 174  
(1) To preserve the evidence or for other reasons, the holders of rights under  this 
Act may enter the originals or copies of their works, phonograms, videograms or subject matters of some other right in the register kept by the competent organisation, or they may 
deposit them with such an organisation.  
(2) Until proven otherwise, it  shall be deemed that the rights in registered works exist 
and belong to the person designated in such a register as their holder.  
(3) There shall be one public register for a given category of works for the whole 
state; this shall be kept by an organisati on that has been authorised for that purpose by the 
Office.  
(4) In the event of doubt as to whether a given work is a copyright work, the 
organisation referred to in the preceding paragraph shall give an opinion.  
(5) The provisions of this Article shall not affect the existence or protection of rights 
under this Act.  
Symbols and notices of reserved exclusive rights 
Article 175  
(1) Holders of the exclusive author’s rights under this Act shall have the right to put 
a notice on the original or copies o f their works consisting of the symbol © accompanied by 
their name or registered name and the year of first disclosure.  
(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 phonograms or on their containers 
consisting of the symbol P accompanied by their name or registered name and the year of first 
publication.  
(3) Until proven otherwise, it shall be deemed that the exclusive rights in works or 
phonograms that bear notices referred to in this Article exist and belong to the person designated therein.  
(4) The provisions of this Article shall not affect the existence or protection of rights 
under this Act.  
Chapter Eight  
RELATIONS WITH FOREIGN ELEMENTS  
General  
Article 176  
(1) Authors and holders of related rights who are citizens of the Republic of Slovenia 
or another Member State of the European Union or have their permanent residence or registered office in the Republic of Slovenia shall be entitled to protection under t his Act.  (2) Other foreign natural or legal persons (foreigners) shall be entitled to the same 
protection as persons referred to in the preceding paragraph if an international agreement or 
this Act so provides or if factual reciprocity exists.  
(3) Notwiths tanding the provisions of this Chapter, foreigners shall be entitled to 
protection under this Act:  
1. with respect to moral rights – in any case;  
2. with respect to the resale right and the right to remuneration for the reproduction for private 
or other internal  use – only if factual reciprocity exists.  
(4) Reciprocity shall be proved by the person basing his claims upon it.  
(5) The provision of this Act relating to the Member States of the European Union 
shall also apply to the Member States of the European Economic Area.  
Authors  
Article 177  
(1) Protection under this Act shall be enjoyed by authors:  
1. who are domiciled in the Republic of Slovenia;  
2. with respect to their works published for the first time in the Republic of Slovenia or within 
30 days of their publication in another country;  
3. with respect to audiovisual works the producer of which has his registered office or 
residence in the Republic of Slovenia;  
4. with respect to works of architecture and works of fine art which are, as immovable property or as fixed and integral parts of immovable property, located on the territory of 
the Republic of Slovenia.  
(2) If a copyright work was created by several authors, all of them shall be entitled 
to protection under this Act if at least one the authors meets one of the conditions referred to 
in the preceding paragraph.  
Performers  
Article 178  
(1) Protection under this Act shall be enjoyed by 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 
broadcasts of broadcasting organisations that are protected under this Act.  
(2) If several performers take part in a performance, all of them shall be entitled to 
protection under this Act if at least one of the performers is a citizen of the Republic of Slovenia 
or has his residence in the Republic of Slovenia.  
Producers of phonograms, film producers and publishers  Article 179  
(1) Producers of phonograms and film producers whose phonogram or videogram 
was for the first time fixed in the Republic of Slovenia shall enjoy protection under this Act.  
(2) Publishers shall also enjoy prot ection under this Act with respect to their related 
rights if their edition was published in the Republic of Slovenia for the first time or within 30 
days of its publication in another country.  
Broadcasting organisations  
Article 180  
Broadcasting organisati ons that broadcast from transmitters located on the territory 
of the Republic of Slovenia shall enjoy protection under this Act.  
Comparison of terms of protection  
Article 181  
The terms of protection laid down in this Act shall apply to foreign holders of r elated 
rights who enjoy protection under this Act; however, they shall expire no later than on the day of expiry of protection in the country of which these holders are citizens, or where their 
registered office is located, and may not exceed the terms under this Act. 
Country- of-origin principle for satellite broadcasts and ancillary online services  
Article 182  
(1) Broadcasting by satellite shall occur only in the Member State of the European 
Union in which the programme -carrying signals intended for the public are introduced under 
the control and responsibility of the broadcasting organisation into an uninterrupted chain of 
communication leading to the satellite and down towards the earth.  
(2) Where an act referred to in the preceding paragraph occurs in a non -member 
state of the European Union with a lower level of protection, it shall be deemed to have occurred only in the Member State of the European Union in which:  
1. the uplink station from which the programme- carrying signals are transmitted is situated, 
in which case the rights shall be enforceable against the operator of that station;  
2. the broadcasting organisation that commissioned the broadcasting by satellite has its 
principal establishment, provided that the uplink station referred to in the preceding point 
has not been used, in which case the rights shall be enforceable against that broadcasting 
organisation.  
(3) The provision of ancillary online services by a broadcasting organisation shall 
occur only in the Member State of the European Union in which the broadcasting organisation 
has its principal establishment.  
(4) The ancillary online services referred to in the preceding paragraph shall be 
online services provided by a broadcasting organisation or by a person under its control and responsibility to make its television and radio programmes available to the publi c 
simultaneously with or for a defined period of time after their broadcast, as well as any material 
which is ancillary to such broadcast. Ancillary online services have a subordinate relationship 
with this broadcasting and comprise the communication to the public, including making 
available to the public and the necessary reproduction of:  
1. radio programmes, and  
2. television programmes which are news and current affairs programmes, or fully financed 
own productions of the broadcasting organisation.  
(5) The provision of point 2 of the preceding paragraph shall not apply to the 
broadcasting of sporting events and protected subject matter included therein.  
(6) In setting the amount of equitable remuneration for the rights referred to in this 
Article, the contracti ng parties shall take into account all aspects, such as the features and 
cross- border use of the service, its duration, the actual and potential audience, the available 
language versions, the calculation according to the revenues of the broadcasting organi sation, 
etc. 
(7) In accordance with the principle of contractual freedom, the holders of rights and 
broadcasting organisations may limit the application of the country -of-origin principle under this 
Article.  
Stateless persons and refugees  
Article 183  
(1) A uthors and holders of related rights who have 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 have their place of residence in it.  
(2) If such persons do not have their place of residence in the Republic of Slovenia 
or if their place of residence cannot be determined, they shall enjoy the same protection as 
citizens of the Republic of Slovenia if they have their place of stay in it.  
(3) If such persons have neither their place of residence nor their place of stay in 
the Republic of Slovenia, they shall enjoy the same protection as citizens of the country in which they have their place of residence or place of stay.  
(4) The provisions of this Article shall also apply to authors and holders of related 
rights who have the status of a refugee under international treaties or regulations of the 
Republic of Slovenia.  
Chapter Nine  
PENALTY PROVISIONS 
Article 184  
(1) A fine of between EUR 1,700 and EUR 5,000 shal l be imposed for a minor 
offence on a legal entity that:  1. without the transfer of the relevant economic right, when such a transfer is required under 
this Act, reproduces, distributes, rents out, publicly performs, publicly transmits, publicly 
communicates,  publicly presents, broadcasts, rebroadcasts, conducts secondary 
broadcasting, makes available to the public, transforms or audiovisually adapts or 
otherwise uses a work or a copy thereof (Articles 21 and 22);  
2. possesses a copy of a computer program for com mercial purposes, knowing or having 
reason to believe that it is an infringing copy (point 2 of Article 116);  
3. without the transfer of the relevant exclusive right, when such a transfer is required under 
this Act, reproduces, fixes, publicly transmits or br oadcasts a live performance or 
reproduces, makes available to the public, distributes or rents out a phonogram or 
videogram with their performance or otherwise uses a performance (Article 121);  
4. without the transfer of the relevant exclusive right, when suc h a transfer is required under 
this Act, reproduces, distributes, rents out, makes available to the public or otherwise uses 
a phonogram or videogram (Articles 129 and 134);  
5. without the transfer of the relevant exclusive right, when such a transfer is required under 
this Act, rebroadcasts, fixes, reproduces, distributes, makes available to the public or 
otherwise uses a broadcast or a fixation of a broadcast (Article 137);  
6. without the transfer of the relevant exclusive right, when such a transfer is required under 
this Act, reproduces a press publication or makes it available to the public (paragraph one 
of Article 139a);  
7. without the transfer of the relevant exclusive right, when such a transfer is required under 
this Act, reproduces, distributes, rents out,  makes available to the public or otherwise uses 
a database or a copy thereof (Article 141c);  
8. removes or alters electronic rights -management information (point 1 of paragraph one of 
Article 166);  
9. reproduces, distributes, imports for distribution, rents out  or communicates to the public a 
copyright work or subject matter of related rights or a copy thereof in relation to which 
electronic rights -management information has been removed or altered without 
authorisation (point 2 of paragraph one of Article 166);  
10. circumvents effective technological measures or manufactures, imports, distributes, sells, 
rents out, advertises for sale or rental, or possesses for commercial purposes any 
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 paragraph two of Article 166a (paragraphs one and two of Article 166a);  
11. manufactures, imports, distributes, sells, rents out, advertises for sale or re ntal or 
possesses for commercial purposes any technology, device, product, component or 
computer program for the removal or alteration of electronic rights -management 
information (paragraph four of Article 166a).  
 (2) A fine of between EUR 350 and EUR 3,000 shall be imposed on a sole trader 
or a self -employed person for the minor offence referred to in the preceding paragraph.  
(3) A fine of between EUR 350 and EUR 1,500 shall be imposed on the responsible 
person of a legal person or the responsible person of a sole trader or of a self -employed person 
for the offence referred to in paragraph one of this Article.  
(4) A fine of between EUR 350 and EUR 1,000 shall be imposed on an individual 
for the minor offence referred to in paragraph one of this Article.  
(5) Items that were created by the offence shall be confiscated.  
Article 184a  (1) A fine of between EUR 200 and EUR 500 shall be imposed on the authorised 
entity for the minor offence referred to in paragraph three of Article 48c of this Act that:  
1. communic ates to the public, distributes or makes available accessible format copies to 
unauthorised persons or other unauthorised entities (point 1 of paragraph four of Article 
48c);  
2. fails to discourage the unauthorised reproduction, distribution or communication to the 
public of accessible format copies (point 2 of paragraph four of Article 48c);  
3. fails to demonstrate due care in, and maintain records of, its handling of works for 
beneficiary persons and of accessible format copies thereof (point 3 of paragraph four of 
Article 48c);  
4. fails to publish and update information on the fulfilment of the obligations under points 1 
to 3 of paragraph four of Article 48c of this Act (point 4 of paragraph four of Article 48c);  
5. fails to provide beneficiary persons, other authorised entities or rightholders, in an accessible way, with the list of works for which it has accessible format copies and 
available formats, and with the names and contact details of authorised entities with which 
it has engaged in the exchange of accessible format copies in cases where accessible 
format copies are exchanged with an authorised entity established in another Member State of the European Union (point 5 of paragr aph four of Article 48c).  
(2) A fine of between EUR 50 to EUR 100 shall also be imposed on the responsible 
person of the authorised entity referred to in paragraph three of Article 48c of this Act for the 
minor offence referred to in the preceding paragra ph.  
(3) A fine of between EUR 40 to EUR 100 shall be imposed on the authorised entity 
referred to in paragraph three of Article 48c of this Act –  an individual for the minor offence 
referred to in paragraph one of this Article.  
Article 185  
(1) A fine of between EUR 850 and EUR 3,000 shall be imposed for a minor offence 
on a legal entity that fails to provide a person that has lawful access to a copy of copyright 
work or to a subject matter of related rights with the means to enable that person the exercis e 
of substantive limitations to rights (Article 166c).  
(2) A fine of between EUR 250 and EUR 1,500 shall be imposed on a sole trader or 
a self -employed person for the minor offence referred to in the preceding paragraph.  
(3) A fine of between EUR 250 and EUR 1,000 shall be imposed on the responsible 
person of a legal entity or the responsible persons of a sole trader or of a self -employed person 
for the offence referred to in paragraph one of this Article.  
(4) A fine of between EUR 250 and EUR 700 shall be imposed on an individual for 
the minor offence referred to in paragraph one of this Article.  
Article 186  
(1) Inspection supervision of the implementation of the provisions of Articles 184, 
184a and 185 of this Act relating to penalties shall be performed by the Market Inspectorate.  
(2) When the inspector establishes that an offence referred to in the preceding 
paragraph has been committed, he shall:  
1. seize the goods which were used for or intended for the commission of the offence or were 
created by said offence and 2. issue a decision ordering that the established irregularities be eliminated within the 
specified time limit.   
Article 186a  
For the minor offences referred to in this Act, a fine in the amount higher than the 
minimum fine laid down by this Act may be imposed in expedited proceedings.  
Chapter Ten  
TRANSITIONAL AND FINAL PROVISIONS  
Article 187  
(1) The provisions of this Act relating to remuneration for the reproduction for private 
or other internal use (Articles 37 to 39) shall start to apply two years of the entry into force of 
this Act.  
(2) The Government of the Republic of Slovenia shall issue a regulation referred to 
in paragraph one of Article 39 of  this Act no later than within one year of the entry into force of 
this Act.  
Article 188  
The provisions of this Act relating to remuneration for the public communication of 
a phonogram (Articles 122 and 130) shall start to apply two years after the entry i nto force of 
this Act.  
Article 189  
(1) Organisations of authors that collectively exercised authors' rights under Articles 
91 and 93 of the Copyright Act (Official Gazette of the Socialist Federal Republic of Yugoslavia 
[Uradni list SFRJ ], Nos. 19/78, 24/86, 21/90) before the entry into force of this Act, may 
continue to do so without the authorisation from the Office until the Office issues an 
authorisation for the collective exercise of these same rights to a collective management 
organisation that meets the conditions laid down by this Act.  
(2) Tariffs adopted by the organisations of authors before the entry into force of this 
Act under Article 91a of the Copyright Act shall apply until general or special tariffs come into effect pursuant to Article 153 of this Act. 
(3) (Ceased to be in force)  
(4) (Ceased to be in force)  
Article 190  The provisions of this Act shall not apply to contracts entered into or acts of 
exploitation performed before the entry into force of thi s Act, unless otherwise provided by this 
Act. 
Article 191  
The provisions of this Act relating to computer programs and databases shall also 
apply to computer programs and databases created before the date of entry into force of this 
Act, unless such applic ation is prejudicial to contracts entered into or rights vested to that date.  
Article 192  
To contracts for the use of works and the subject matter of related rights that will be 
in force upon the entry into force of this Act, the provisions of this Act rel ating to public 
communication by satellite shall apply as of 1 January 2000 if such contracts are still in force 
at that time.  
Article 193  
(1) This Act shall apply to all copyright works and performances of performers that, 
at the time of its entry into fo rce, were protected under the Copyright Act (Official Gazette of 
the Socialist Federal Republic of Yugoslavia [ Uradni list SFRJ ] Nos. 19/78, 24/86, 21/90).  
(2) This Act shall apply to phonograms of phonogram producers with respect to 
which, upon its entry  into force, 20 years have not yet elapsed from the time of their first fixation.  
(3) This Act shall apply to videograms, broadcasts and publishers' editions as 
subjects matters of related rights which were for the first time fixed, broadcast or lawfully 
published after its entry into force.  
(4) This Act shall apply to databases as subject matters of related rights that were 
created after 1 January 1983.  
Article 194  
(1) On the date of entry into force of this Act, the Copyright Act (Official Gazette of 
the Socialist Federal Republic of Yugoslavia [ Uradni list SFRJ ] Nos. 19/78, 24/86, 21/90) shall 
cease to apply.  
(2) On the date of entry into force of this Act, the Self -management agreement on 
rights, obligations and responsibilities of publishing organisations and authors entering into 
contracts (Official Gazette of the Socialist Republic of Slovenia [ Uradni list RS ], No. 7/88) shall 
cease to apply.  
Article 195  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.