WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/SVK/C/2 
19 December 2011 
 (11-6566) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SLOVAK REPUBLIC 
  
 The present document reproduces the text
1 of Act No. 618/2003 Coll. on copyright and rights 
related to copyright (Copyright Act) as am ended, as notified by the Slovak Republic on 
19 August 2010 under Article 63.2 of the Agreement (see document IP/N/1/SVK/4). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
REPUBLIQUE SLOVAQUE 
  
 Le présent document contient le texte
1 de la Loi n° 618/2003 Coll. sur le droit d'auteur et les 
droits connexes (Loi sur le droit d'auteur), notifi ée par la République slovaque le 19 août 2010 au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/1/SVK/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA ESLOVACA 
  
 En el presente documento se reproduce el texto
1 de la Ley Nº 618/2003 Coll. de Derecho de 
Autor y Derechos Conexos (Ley de Derecho de Au tor), que la República Eslovaca ha notificado el 
19 de agosto de 2010 en virtud de lo dispuesto en el párrafo 2 de l artículo 63 del Acuerdo (véase el 
documento IP/N/1/SVK/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  IP/N/1/SVK/C/2 
 Page 3 
 
 
  618/2003 Coll.  
  
ACT  
of 4 December 2003  
  
on copyright and rights related to copyright (Copyright Act)  
 
 
Amendment: 84/2007 Coll. 
Amendment: 220/2007 Coll. Amendment: 453/2008 Coll.  
 
The National Council of the Slovak Republic a dopted a resolution regarding this Act:  
  
PART ONE  
 
INTRODUCTORY PROVISIONS  
 
Section 1  
 
Subject of Regulation  
 
This Act regulates the relations arising in conn ection with the creation and use of a literary 
work and other artistic work and scientific work, artistic performance, with the production and use of 
phonograms, audiovisual recording, with broadcas ting and use of radio br oadcasting and television 
broadcasting (hereinafter referred to as "broadcasting" ) and in connection with the creation and use of 
a database so that the rights and lawful interest s of an author, artistic performer, producer of 
phonograms, audiovisual recording producer, radio br oadcaster and television broadcaster (hereinafter 
referred to as "broadcaster") and a maker of a database are protected. The Act further regulates 
collective rights management pursuant to this Act.  
 
Applicability of Act  
 
Section 2  
 
(1) The provisions of this Act shall apply to a work  
 
a) of an author who is a citizen of the Slovak Re public (hereinafter referred to as "citizen of the 
Slovak Republic") or has permanent residence in its territory, or  
 
b) released in the Slovak Republic irrespective of  nationality or permanent residence of its 
author. 
 
(2) The provisions of this Act also apply to a work protected in the Slovak Republic pursuant 
to international treaties or agreements, by wh ich the Slovak Republic is bound and which were 
promulgated in a manner stipulated in a special law.  
 
(3) To a work of visual arts of an author, who is not a citizen of the Slovak Republic, 
provisions of this Act on remuneration in the case of resale of the original work of visual arts shall IP/N/1/SVK/C/2 
Page 4  
 
  apply exclusively if mutuality on the basis of inte rnational treaties or agreements by which the Slovak 
Republic is bound and which were promulgated in a ma nner stipulated in a special law, is ensured.  
 
(4) The term of copyright in case of a work of a citizen of another country must not be longer 
than it is in the country of the work origin.  
 
Section 3 
 
(1) The provisions of this Act shall apply to an artistic performance of an artistic performer, 
who  
 
a) is a citizen of the Slovak Republic;   b) is not a citizen of the Slovak Republic, if   
1. the artistic performance was performed in  the territory of the Slovak Republic;  
 2. the artistic performance forms a part of the phonogram protected pursuant to this Act, or  
 3. the artistic performance was not fixed as a pho nogram, but it was communicated to the public by 
broadcasting that is protected pursuant to this Act.  
 
(2) The provisions of this Act shall apply to a phonogram and an audiovisual recording  
 a) of a producer of phonograms and an audiovisual r ecording producer who is a citizen of the Slovak 
Republic or who has permanent residence or  registered office in its territory;  
 
b) fixed in the Slovak Republic, or   c) released in the Slovak Republic.  
 (3) The provisions of this Act shall apply to broadcasting  
 
a) of a broadcaster, if he has its permanent residen ce or registered office in the territory of the Slovak 
Republic, or   b) carried out by a broadcaster from a place in the territory of the Slovak Republic.  
 
Section 4 
 The provisions of this Act shall apply to  
 a) a publisher of a work not released in the past, who is a citizen of the Slovak Republic or who has 
permanent residence or registered office in its territory;  
 b) an artistic performer, a producer of phonograms,  an audiovisual recording producer, a broadcaster 
or a publisher of a work not released in the past, which is protected according to international treaties 
or agreements by which the Slovak Republic is bo und, and if such treaties and agreements do not 
exist, if mutuality is ensured,  
 c) a maker of a database, who is a citizen of the Slovak Republic or who has permanent residence or 
registered office in its territory.    IP/N/1/SVK/C/2 
 Page 5 
 
 
  Section 5 
 
Specification of certain terms 
 
(1) Architectural work is the most general ar chitectural depiction of a creative idea of an 
author, especially pictorial representation and plastic  representation of an architectural design of a 
building or town design, and also a work of garden  architecture, interior and stage architecture and a 
work of building design.  
 (2) Audiovisual work is a work perceivable through technical engineering equipment as a 
sequence of connected pictures, whether accompanied w ith a sound or not, if the work is meant to be 
performed in public; the original of an audiovisual wo rk is the first audiovisual recording of this work 
designated to be performed in public. The co-authors of this work are especially considered the head 
director, scriptwriter, dialogues author and author of music which was especially created for this work.  
 
(3) Work of applied arts is a work which is ar t with utility functions or that is incorporated 
into a utility object regardless of the fact whether it was made by hand, industrially or by any other technological procedure.  
 (4) Database is a collection of independent work s, data or other materials systematically or 
methodically arranged and individually accessible by electronic or other devices. The computer 
program used for the creation or operation of the database accessible by electronic devices shall not be deemed to be a database.  
 (5) Photographic work is a recording of light  or other radiation on a medium on which a 
picture is created regardless the manner of making the recording; a picture from audiovisual work 
shall not be deemed to be a photographic work, but is considered to be a part of an audiovisual work.  
 (6) Cable retransmission of work by cable is the present, unchanged and complete 
communication to the public of work broadcasted by means of cable or micro-wave system carried out by a person other than the original broadcaster.  
 
(7) Rental of original work or its copy is th e temporary assignment of the original work or its 
copy implemented in order to acquire di rect or indirect property benefit.  
 (8) Computer program is a set of orders and instructions used directly or indirectly in a 
computer. Commands and instructions may be wr itten or expressed in source code or computer 
operating code. The background records necessary for its development shall form an integral part of 
the computer program; if it fulfils conceptual featur es of a work (S. 7 par. 1), it is protected as a 
literary work.  
 (9) Reprographic equipment or other technical  engineering equipment is equipment which 
uses electromagnetic radiation for producing reproduc tions, or is producing reproductions in an 
alternative method. It is especially a copying devi ce, scanner, fax and hard disk built into a personal 
computer.  
 (10) Distribution of original work or its copy  is manipulation with the object through which 
the work is expressed; public distribu tion includes rental, lending, sale or other form of transfer of the 
title to the original work or its copy.  
 IP/N/1/SVK/C/2 
Page 6  
 
  (11) Making available to the public is a communi cation to the public of a work in a manner 
enabling an individual to have access to the work  from a place and at a time of the individual's 
discretion.  
 (12) School work is a work created by a pupil or  student as a part of his school or educational 
assignments ensuing from his legal relationship with the grammar school, secondary school, 
university/institution of higher education or interest  or educational establishment (hereinafter referred 
to as "school").  
 (13) A performance of an artistic work is an  exhibition, a recitation or reading or other 
creative performance of a work of arts or a work of traditional folk culture by singing, performance, 
recitation, dance or other manner of  making available to the public.  
 (14) Communication to the public is the result of the dissemination or presenting of work with 
any technical facilities designated for diffusion of sound or sounds and of images simultaneously, or 
of their expression by means of radio or television fo r reception so that this work can be perceived by 
persons at places where it would not be possible to perceive them without this communication; communication to the public shall also mean cable retransmission, broadcas ting and making available 
to the public.  
 (15) Public performance is  
 
a) recitation, theatre play, dance or any other manner of exhibition a literary work, artistic work or a work of traditional folk culture by an artistic performer in public,   b) presentation of images of an audiovisual reco rding in sequence and the parallel presentation of 
sounds accompanying these images; such presentation of an audiovisual recording shall not be 
deemed to be communication to the public.  
 (16) Public exhibition is the presentation of origin al work or its copy in public, directly or 
indirectly by means of picture slides, television image or in similar manner on a screen; in case of audiovisual work – the presentation of individua lly abstracted images without any succession in 
public.  
 (17) Making copies of work is the transfer of a work or part thereof onto another material 
foundation directly from the original work or indirectly from its copy, on a temporary or continuous basis, namely by any means and in any form; a copy of a work can especially be made in the form of a 
printed, photographic, sound or audi ovisual reproduction, of an erection of an architectural work or in 
the form of another three-dimensional reproduction,  or in an electronic form including its analogue 
and digital expression.  
 (18) Performing artist is a singer, musician, actor, dancer and other person who sings, acts, 
presents, recites or otherwise performs a literary wo rk, artistic work or a wo rk of traditional folk 
culture.  
 (19) Lending of the original work or its copy is  making the original work or its copy available 
through an establishment which is accessible to the public not for the purpose of direct or indirect 
property benefit for a limited period of time for use.  
 
(20) Audiovisual recording producer or producer  of phonogram is the natural person or legal 
entity who has initiated or provided for its final maki ng; the producer of the original audiovisual work 
is the producer of the audiovisual recording of this work.  
  IP/N/1/SVK/C/2 
 Page 7 
 
 
  (21) Broadcasting is communication to the public  carried out by the broadcaster, namely also 
in the case the broadcasting is technically provided  by another person under command of the original 
broadcaster and the original broadcaster responsib ility, including communication to the public by 
means of satellite.1)  
 
(22) Employee work is a work created by the author in fulfilling his duties resulting from the 
employment, service or civil service relation to th e employer or from an employment relationship 
between a cooperative and its member.  
 (23) Maker of a database is the natural pers on or legal entity, at the suggestion, account and 
responsibility of who the database was made.  
 (24) Audiovisual recording is a recording of  both sounds and images, which are perceivable 
both by hearing and eye sight, regardless of the manner of recording and the medium at which these sounds and images are recorded.  
 
(25) Phonogram is a fixation of sounds, which ar e perceivable by hearing, regardless of the 
manner of recording and the medium at which these sounds are recorded; the phonogram contained in 
the audiovisual recording shall not be deemed to be a phonogram.  
 
PART TWO  
 
COPYRIGHT 
 
Section 6 
 
Author 
 
(1) The author is a natural person who has created the work.   (2) The author of a collection in its entir ety is a natural person who has selected the 
components or arranged them; this shall not prejudice the rights of the authors of the works selected 
and arranged in the collection.  
 
Section 7 
 
Work 
 
(1) The subject matter of copyright shall be a literary work or other work of arts and a 
scientific work which are the unique outcome of the creative activity of the author, especially  
 a) a literary work and computer program,   
b) a literary work expressed by speech, a presentation or  otherwise, especially exhibition and lecture,  
 c) a theatrical work, especially a dramatic work, a dramatico-musical work, a pantomimic work and a 
choreographic work, and also other work created for the purpose of its releasing,  
 
d) a musical work with text or without text,  
 e) an audiovisual work like, especially cinematographic work,   f) a painting, a drawing, a graphic design, an illustrati on, a sculptural work and other work of fine arts,  IP/N/1/SVK/C/2 
Page 8  
 
  g) a photographical work,  
 h) an architectural work, especially a work of ar chitecture and town-planning work, a landscape work 
and an interior-architectural work and a building design work,   
i) a work of applied arts,  
 j) a cartographic work in analogue or other form.
1a)  
 (2) The subject matter of copyright is also the work of a collection, especially an anniversary 
volume, journal, encyclopaedia, anthology, broa dcast programme, exhibition, or other database, 
which is a collection of independent works or other elements that by reason of their selection and of 
the arrangement of the contents constitute a unique out come of the creative activity of the author, is a 
work of collection.  
 
(3) Protection pursuant to this Act shall not apply to  
 a) idea, manner, system, method, concept, principle,  discovery or information that has been expressed, 
described, explained, depicted or  incorporated in the work;  
 b) a text of legal regulation, official decision, public charter, publicly accessible register, official 
records, Slovak technical norm including a draft doc umentation thereof and translation of such works, 
daily reports and a speech and address presented dur ing official proceedings; the copyright governing 
the issuance of such speech and addresses and the use of such works in a collection remains 
unaffected.  
 
Section 8 
 
Co-Authors' Work 
 
Co-authors' work is a work, which is the unique  outcome of the creative activity of two or 
more authors as one exclusive work to which rights are pertaining to all of the authors jointly and severally.  
 
Section 9  
 
Joint Works  
 
Joining of two or more independent works is  subject to the approval of the co-authors, 
namely for the agreed upon purpose; the authors dispose of joint works together. The rights of 
authors to dispose of works joined in a different manner as within the respective joining shall remain 
unaffected.  
 
Section 10 
 
Collective Work 
 
(1) A collective work is a work  which was created with the pa rticipation of the collective 
activity of two or more authors who gave their c onsent to their own unique outcome of the creative 
activity when creating the work under the manageme nt of a natural person or legal entity, who  
 
  IP/N/1/SVK/C/2 
 Page 9 
 
 
  a) initiated the creation of this work, and  
 b) directed and provided for the process of the work creation.   
(2) Regulations governing a collective work sha ll reasonably be applied to an employee work 
(S. 50); the above shall also apply if the work was in  full or partially created on the basis of a contract 
on the creation of work (S. 39) concluded between  the author and natural person or legal entity 
pursuant to par. 1.   
(3) repealed from 1 March 2007.  
 
Section 11 
 
Alteration and Translation of Work 
 
(1) The subject matter of copyright is also a ne w original work, which is the outcome of the 
creative alteration of another work.  
 
(2) Translation of work into another language and an adaptation of work shall also be the 
subject matter of copyright.   
Section 12 
 
Anonymous and pseudonymous work 
 
(1) The anonymous work is a work that has be en made released without the indication of 
name and surname (hereinafter referred to as "name") of the author; the identity of the author must not 
be revealed without the consent of the author.  
 
(2) The pseudonymous work is a work that w as released under a code name; the identity of 
the author must not be revealed without the consent of the author.  
 (3) Until such time when the author publicly reveals his identity, exclusively the person who 
published the work in a justified manner for the firs t time and, if the work was not published, the 
person who released the work may file a claim in th e copyright in the work. The public declaration of 
the author shall not be necessary if his real name is commonly known.   
Section 13 
 
The releasing and publication of work 
 
(1) A work is released on the day of its first public performance, public presentation, 
publishing or by other manner of making available to the public.  
 
(2) A work is published on the day when authorised public distribution of its reproductions 
commenced.   IP/N/1/SVK/C/2 
Page 10  
 
  Section 14 
 
Country of origin of work 
 
(1) For the country of work origin is deemed to be  
 
a) in the case of not issued work, the coun try of which the author is a citizen,  
 
b) in the case of issued work, the country where the work was rightfull y published for the first time.  
 
(2) A work published in another country is  regarded as being published in the Slovak 
Republic, if it was published in the Slovak Republic w ithin the time period of 30 days from the day of 
its publishing in another country.   
Section 15 
 
Origin of copyright in a work 
 
(1) The copyright in a work sh all commence at the moment wh en the work is expressed in 
any objectively perceivable form, regardless of its format, contents, quality, purpose or form of its 
expression.   
(2) The copyright applies to completed work, its individual development phases and parts, 
including the name of the work and names of characte rs, if they fulfil conceptual characteristics of the 
work.   
Section 16 
 
Content of copyright 
 
The copyright shall include exclusive moral right s (hereinafter referred to as "moral rights") 
and exclusive economic rights (hereinafter referred to as "economic rights").  
 
Section 17 
 
Moral rights 
 
(1) The author shall have the right  
 
a) to label his work with his name or pseudonym a nd to request that his name or pseudonym is given 
in all reproductions of his work in the proper manne r during every use of the work in public, namely 
according to the manner of use,  
 
b) not to label his work with his name or pseudonym,   c) to decide about making his releasing his work,   d) to the inviolability of his work, especially to protection against any unauthorised alteration of, or 
other intervention into his work, and also against any defamatory manipulation with his work, which 
would result in violation of his dignity and good re putation. If not ensuing otherwise from the nature 
of the work or of its utilisation, the author sha ll have the right of author's supervision (author's  IP/N/1/SVK/C/2 
 Page 11 
 
 
  alteration) over the manipulation with his work; in the case of architectural work, the author's 
supervision is the supervision ov er the building construction.  
 
(2) The author can not waive his rights pursuant to  par. 1; these rights are not transferable and 
shall terminate by the death of the author.   
(3) After the death of the author no other person may assume authorship of the work; the 
work may be used only in a manner which does not de preciate its value and, if the work is not an 
anonymous work, the name of the author or his pseudonym must be indicated.  Protection may be claimed by any of the author's kin
2), they shall maintain this authori sation even after the passage of the 
term of economic rights to the work. Such protection may also be claimed by the authors' association, 
professional chamber and by the relevant collective management organization.  
 
Section 18 
 
Economic rights 
 
(1) The author shall have the right to use his work.  
 
(2) The author shall have the right to grant author isation to every use of his work, especially  
 
a) to make a reproduction of the work,  
 
b) to distribute an original work or its copy to th e public by sale or other forms of assignment of title,  
 c) to distribute an original work or its copy to the public by rental or lending,  
 
d) alteration, translation and adaptation of work,  e) inclusion of the work into a work of collection,   
f) public exhibition, presentation of the work,  
 g) public performance of the work,   h) communication of the work to the public.   
(3) The rights pursuant to par. 1 and 2 granted by the author pursuant to par. 2 do not expire; 
the author is only obliged to allow the use of the work by another person in the range of the granted 
consent.   
(4) Other persons may use the work without the consent of the author only in cases stipulated 
in this Act.  
 (5) The rights pursuant to par. 1 and 2 are not transferable, rights may not be waived by the 
author, and such rights are neither subject to th e execution of a judicial ruling nor to seizure 
conducted according to special regulations; the above shall not apply to claims arisen from economic 
rights.  
 
(6) The rights pursuant to par. 1 and 2 are the subject of inheritance. The provisions of this 
Act concerning the author shall also apply to his he irs, if not their nature indicates otherwise. If the 
co-author does not have heirs, the author's share shall devolve to other co-authors.  IP/N/1/SVK/C/2 
Page 12  
 
  (7) If the author gives his consent with public distribution of original work or its copy by 
rental or lending [par. 2 letter c)] to the producer of phonogram of this work or to the producer of the 
original audiovisual work, he shall be entitled to  equitable remuneration received from the person, 
who will distribute the original work or its copy to th e public by rental or lending; this right can not be 
waived.  
 
(8) Provisions of par. 2 letter c) shall not apply to  
 a) an architectural work expressed by a structure or  in the form of a garden, interior or stage,  
 
b) a work of applied arts expressed in a utility form.  
 
Section 19 
 
Right to remuneration on the resale of the original work of visual arts  
 
(1) Where the original work of visual arts whic h has been transferred by its author into the 
ownership of another person is reso ld, the author shall be entitled to  the remuneration for every resale 
of this original work, if the sale is being particip ated by an auctioneer, organizer of sales exhibitions, 
gallery operator or other person undert aking in the business with artistic works (hereinafter referred to 
as "art dealer") in the position of a seller, purchaser or agent; the right of the author to the 
remuneration is not transferable and the author cannot waive this right.  
 
(2) The art dealer shall be obliged to pay th e author a remuneration pursuant to par. 1 by 
means of the collective management organization wh ich had been granted authorization to execute 
collective management of right to remuneration in the case of resale of the original work of visual arts 
in the territory of the Slovak Republic (S. 78 pa r. 3); the collective management organization is 
obliged to enable the art dealer to consult the regi ster of contractually represented right holders or the 
register of subject-matters [S. 81 par. 1 letter e) a f)].   
(3) Remuneration pursuant to par. 1, paid by the art dealer to the collective management 
organization pursuant to par. 2 of the purchase price exceeding EUR 1,000 EUR is in the amount of  
 
a) 5% of a sales price not exceeding EUR 3,000;   b) 4% of a sales price exceeding EU R 3,000 not exceeding EUR 50,000;  
 
c) 3% of a sales price exceeding EUR 50,000 not exceeding EUR 200,000;  
 d) 1% of a sales price exceeding EU R 200,000 not exceeding EUR 350,000;  
 e) 0.5% of a sales price exceeding EUR 350,000 not exceeding EUR 500,000;   
f) 0.25% of a sales price exceeding EUR 500,000; however, the total remuneration must not exceed 
EUR 12,500.   
(4) The value added tax shall not be included into the basis of calculation of remuneration 
pursuant to par. 3, if the original work of visual  arts was sold for a purchase price that included the 
value added tax.  
 
(5) The art dealer shall be obliged to report the collective management organization, pursuant 
to par. 2, every resale carried out by the art dealer and to pay remune ration to the collective 
management organization calculated purs uant to par. 3, namely at the latest by the end of January of  IP/N/1/SVK/C/2 
 Page 13 
 
 
  the following calendar year following the year in which the sale was carried out; the obligation to 
notify shall apply to the specification of the sold original work and to  the information on the purchase 
price pursuant to par. 3. The collective management organization pursuant to par. 2 or the author are 
entitled to request the art dealer who carried out th e resale or who participated in the resale, any 
information which is necessary for verification of  the calculation of the remuneration payment 
pursuant to par. 3, namely within three year s from the year on which the resale was made.  
 
(6) The right to remuneration pursuant to par.  1 shall not apply in cases of resale if the art 
dealer has obtained the original work of arts directly  from the author within three years prior its resale 
and the purchase price of the original work of arts  in case of this sale will not exceed EUR 10,000.  
 
(7) For the purposes of the application of the right to remuneration pursuant to par. 1, the 
original work of visual arts shall mean, namely , painting, drawing, collage, tapestry, engraving, 
lithography or other graphics, sculpture, ceramics,  glass, jewellery work protected by copyright, 
photograph or other work of visual art if it was created by the author himself, or a reproduction 
thereof commonly deemed to be an original. A repr oduction which is deemed to be the original work 
is a copy made in a limited number of pieces by the author himself or with the author's approval; such a reproduction must properly be figured with a number and signed or otherwise marked by the author.  
 
(8) The right to remuneration pursuant to par. 1 shall neither apply to architectural work 
expressed by a structure nor to a work of applied arts , if they are not the original work or its copy, 
which is deemed to be the original work; right pursu ant to par. 1 shall apply neither to the manuscripts 
of a composer nor a writer.   
Section 20 
 
Relation of copyright to rights in rem 
 
(1) The acquisition of the ownership right or of another right in rem  to the object through 
which the work is expressed shall not imply the c opyright, especially moral right pursuant to S. 17 
par. 1 letter d), if not agreed otherwise or if not stipulated otherwise by this Act.  
 
(2) The ownership right or another right in rem  to the object through which the work is 
expressed shall not be implied by the copyright, if no t agreed otherwise or if not stipulated otherwise 
by special legislation or by this Act; the owner or  other user of the object through which the work is 
expressed is obliged to abstain from th e use of this object which would result in the use of the work, if 
not agreed otherwise or if not stipulated otherwise by special legislation or by this Act.   
(3) The owner or other user of the object th rough which the work is expressed shall not be 
obliged to maintain such object and protect it from d estruction, if not agreed otherwise or stipulated 
otherwise by special legislation or by this Act.  
 
(4) The destruction of the object through which the work is expressed shall not imply the 
extinction of the copyright in the work.   
(5) The author shall have the right to demand the owner of the object through which the work 
is expressed to make such object available to him if this is necessary for the exercise of right to use 
his work in accordance with this Act. This right must not be applied contrary to the legitimate 
interests of the object's owner; the object's owner sh all not be obliged to give up such object to the 
author, however, he shall be obliged to make a photography or other reproduction of the work at the 
request and cost of the author and submit it to the author.  
 IP/N/1/SVK/C/2 
Page 14  
 
  (6) The owner or other user of a structure wh ich is the expression of an architectural work 
may perform, without the consent of the author, excl usively such alterations of such structure and 
maintenance work, which are necessary for its main tenance in a good state, and for preserving its 
functional use and do not decrease the value of the architectural work and do not interfere with the 
copyrights.  
 
Term of economic rights 
 
Section 21 
 
(1) If not stipulated otherwise in this Act, econom ic rights shall last for the life of the author 
and for 70 years after his death.   
(2) In the case of the work of co-authors and in  the case of joint work s created for the purpose 
of being used in such an interconnection, the economic  rights shall last for the life of the last surviving 
author and 70 years after his death.   
(3) In the case of the collec tive work, the economic rights shall last for 70 years after 
releasing the work. If the work was labelled with th e name of the authors who created the work, the 
economic rights shall last for the life of the last surviving author and 70 years after his death.  
 
(4) The economic rights to an audiovisual work shall last for the life of the head director, 
scriptwriter, dialogues author and the composer of music that was specifically  created for this work, 
and 70 years after the death of the last surviving pe rson of the above; provisions of par. 2 and 3 shall 
not apply.  
 
(5) The economic rights to a released pseudon ymous and anonymous work shall last for 
70 years from the time when the work was released. If there are no doubts about the author's identity 
or if the author of such a work  becomes publicly known during the course of the term pursuant to the 
first sentence, the term of economic rights to such work shall be governed by par. 1, and in the case of 
a work of co-authors by par. 2.  
 
(6) If the publication of a work is decisive for the continuance of economic rights to a work 
released in volumes, parts, instalments or episod es, the term of economic rights shall run for each 
such volume, part, instalment or episode separately.  
 
(7) If a work where the death of the author or au thors is not decisive for the calculation of the 
term of economic rights, was not released within  70 years from its creation, economic rights shall 
expire at the end of this period.   
Section 22 
 
The term of economic rights shall be calculated from the first day of the year following the 
year in which the event forming b asis for its calculation occurred.  
 
Section 23 
 
Public distribution of original work or its copy after its first sale  
 
(1) The copyright for giving his consent for public distribution of original work or its copy 
pursuant to S. 18 par. 2 letter b) shall cease with re gard to the territory of the European Union member 
state (hereinafter referred to as "member state" ) or a state of the Agreement on the European  IP/N/1/SVK/C/2 
 Page 15 
 
 
  Economic Area (hereinafter referred to as "EEA state") by the first lawful sale or other transfer of the 
title to the original work or its copy in the territory  of a member state or an EEA state, namely for the 
original work and all its copies that have been the subject of this sale or other transfer of the title.  
 
(2) In case of an architectural work expressed by a structure and a work of applied arts 
expressed in a utility form, the lawful building constr uction or a lawful making of a work of applied 
arts expressed in a utility form shall be deemed to be the first lawful sale pursuant to par. 1.  
 
Limitations of economic rights  
 
Section 24 
 
Reproduction of a released work  
 
(1) A natural person may make a copy of a wo rk released for his personal use and for, 
whether directly or indirectly, non commercial purpo ses without the author's consent; such use of the 
work does not result in obligation to pay remuneration to the author.   
(2) A natural person or a legal entity may make a copy of a work released by transferring the 
work on paper or other similar basis by means of a technical device for making printed reproductions 
or other technical equipment without the author's consent; such a copy may be publicly distributed by 
sale or other form of transfer of the title. This u se does not result in obligation to pay remuneration to 
the author.  
 (3) Provisions of par. 1 and 2 shall not/neither apply to   
a) an architectural work in the form of project documentation of a structure or a building construction;  
 b) entire literary work nor its essential part;   c) entire cartographic work nor its essential part;   
d) a musical work written down on paper;  
 e) a computer program, if not stipulated otherwise,   f) database in electronic form.  
 
(4) The author of the work a copy of which may be made pursuant to par. 1 shall be entitled to 
the compensation of remuneration.   
(5) The author of the work a copy of which may be made pursuant to par. 2 shall be entitled to 
the compensation of remuneration.  
 
(6) The compensation of remuneration pursuant to par. 4 and 5 through the collective 
management organization (S. 79), for  
 
a) a blank recording medium usually used for repr oduction pursuant to par. 1, shall be paid by its 
manufacturer, recipient from a member state (hereinafter referred to as "recipient "), importer from a 
third country (hereinafter referred to as "importe r ") or another person who will launch it for the 
purpose of sale for the first time on the market in the Slovak Republic, namely 6% of the purchase 
price or the import price of such a medium;   IP/N/1/SVK/C/2 
Page 16  
 
  b) a technical device designated for making of repr oductions of phonograms or audiovisual recordings 
shall pay its manufacturer, recipient, importer or an other person who will launch it for the purpose of 
sale for the first time on the market  in the Slovak Republic, namely 3% of the selling price or the 
import price of such a device;   
c) a reprographic equipment or other technical e quipment designated for the making of reproductions 
shall pay its manufacturer, recipient, importer or an other person who will launch it for the purpose of 
sale for the first time on the market in the Slova k Republic, namely 3% of the purchase price or the 
import price of such an equipment; if the equipm ent forms an integral part of the object, the 
compensation of remuneration shall be paid of the aliquot part of the purchase price or the import 
price of such an object;  
 d) a personal computer shall pay its manufacturer, recipient, importer or another person who will 
launch it for the purpose of sale for the first time on the market in the Slovak Republic, namely 0.5% 
of the purchase price or the import price of the hard  disc built in the personal computer; for such an 
equipment, the compensation of remuneration pursuant to letter c) shall not be paid;  
 e) paid reproduction services shall pay their provider, namely 3% of the net income for these services;  
 f) a medium pursuant to letter a), technical device pursuant to letter b) or equipment pursuant to 
letter c) or d) shall pay its seller, consignor or ca rrier if he fails to report the relevant collective 
management organization at its formal notice the data necessary for identification of the 
manufacturer, recipient, importer or other person wh o has launched such a medium, technical device 
or equipment for the purpose of sale for the first time on the market in the Slovak Republic, namely 
percentage ratio pursuant to letters a) to d).   
(7) The compensation of remuneration shall not be paid for a medium pursuant to par. 6 
letter a), a technical device pursuant to par. 6 letter b) or equipment pursuant to par. 6 letter c) or d), 
which for the purpose of resale are exported into th ird countries or sent into a member state. The 
compensation of remuneration shall also not be paid  for a medium, a technical device or equipment, 
which exclusively will be used for the personal use of the importer or recipient.   
(8) The compensation of remuneration pursuant to par. 6 shall be paid to the relevant 
collective management organization at the first sale of a medium, a technical device or an equipment or import or receipt of the above, namely on a quarterly basis by the end of the first month of the following quarter.  
 
(9) Persons pursuant to par. 6 shall submit th e relevant collective management organization 
information regarding the type, quantity and import price or sale price of imported, accepted or sold 
mediums, technical devices or equipment, or da ta regarding the total revenue for reproduction 
services; failure to fulfil this obligation even within  the supplementary period granted by the relevant 
collective management organization shall result in the increase of the compensation of remuneration 
by double the initial rate.  
 
(10) Provisions of par. 1 and 2 shall not affect  the provisions of this Act on the protection of 
measures for the prevention against unauthorised manufacturing of reproductions of the work, and 
other unauthorised actions (S. 59 to 61).    IP/N/1/SVK/C/2 
 Page 17 
 
 
  Section 25  
 
Quotation of work  
 
No consent of the author is necessary to use a s hort part of a released work in other work in 
the form of a quotation exclusively for the purpose of review or critique of the released work or for 
teaching, scientific and research purposes or artistic  purposes. Such use must be in accordance with 
customs and its scope must not exceed the scope r easoned by the purpose of citation. If the work is 
not anonymous, the author's name or pseudonym must be specified in quotes, or the name of the 
person by the name of who the work is performed in public, including the name of work and source. 
Such use of a work does not result in oblig ation to pay remuneration to the author.  
 
Section 26  
 
Advertising for an exhibition of works of arts or auction of works of arts  
 
(1) For advertising an exhibition of works of arts  or an auction of works of arts, without the 
author's consent, a work may be used so that its copy  is made and publicly dist ributed by its sale or by 
other forms of assignment of title, or by its communication to the public, namely in the extent 
necessary for such advertising. The above forms of  use are governed by provisions of S. 25 third 
sentence.  
 (2) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.  
 
Section 27  
 
Use of work located in public areas  
 
(1) No consent of the author is necessary to  express the work located in a public area on a 
permanent basis by a drawing, painting, graphic art, picture in relief and relief model or by 
photography or film; a work expressed or recorded as described above can, without the consent of the 
author of the work located in a public area on a permanent basis, be used by making its copy, by 
public distribution of the copy in th e form of its sale or by other forms of assignment of title, or by its 
communication to the public. The above forms of u se are appropriately governed by provisions of 
S. 25 third sentence.  
 
(2) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.   
Section 28  
 
Use of works for teaching purposes  
 
(1) No consent of the author is required to make  a copy of a short part of a released work, to 
its public distribution by other forms of assignment of title as by sale, or to communication to the 
public of a short part of a released work, if su ch use does not exceed the scope substantiated by 
teaching purposes at school and the purpose is not to acquire direct or indirect property benefit.   
(2) No consent of the author is required to make a copy of a short part of a released work, a 
short released work or a work of fine arts released  by transferring the work onto paper or other similar 
foundation by means of reprographic equipment, and to its public distribution by other forms of IP/N/1/SVK/C/2 
Page 18  
 
  assignment of title as by sale, if such use does not exceed the scope subs tantiated by teaching 
purposes at school and the purpose is not to acquire direct or indirect property benefit.   
(3) The above forms of use pursuant to par. 1 and 2 are appropriately governed by provisions 
of S. 25 third sentence.  
 
(4) Using the work pursuant to par. 1 and 2 does not result in an obligation to pay 
remuneration to the author.   
Section 29  
 
Use of work for the needs of disabled persons  
 
(1) No consent of the author is required to ma ke a copy of a released work, to its public 
distribution by other forms of assignment of title as by sale, to its public distribution by lending or to 
communication to the public, if such use is carried  out exclusively for the needs of disabled persons 
within the scope substantiated by their health c ondition and the purpose is not to acquire direct or 
indirect property benefit.  
 (2) The above form of use pursuant to par. 1 is appropriately governed by provisions of S. 25 
third sentence.  
 
(3) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.   
Section 30  
 
Use of work for civil and religious ceremonies,  school exhibitions and use of school work  
 
(1) No consent of the author is required for using   
a) the work at free of charge civil ceremonies or at free of charge religious ceremonies;  
 
b) the work at free of charge school exhibitions  in which exclusively pupils, students or school 
teachers are performing;   c) school works during free of charge fulfilments of tasks ranking among the subject of activities of 
the school.  
 (2) The above form of use pursuant to par. 1 is appropriately governed by provisions of S. 25 
third sentence.  
 (3) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.  
Section 31  
 
Use of work by a library or an archive  
 
(1) A library
3) or an archive4), without the author's consent, may make a copy  
 
a) of a work forming a part of their own collecti on if the purpose of making a copy is the satisfaction 
of requirements of a natural person who will use th e copy for educational purposes or scientific and 
research purposes exclusively on the premises  of the library or the archive;   IP/N/1/SVK/C/2 
 Page 19 
 
 
  b) of any work forming a part of their own collection if the purpose of making a copy is the 
replacement, archiving or protection of the original  work or its copy against loss, destruction or 
damage or in case a permanent collection is concerned.   
(2) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.  
 
(3) Provisions of par. 1 and 2 shall not affect the provisions of this Act on the protection of 
measures for the prevention against unauthorised making of reproductions of the work, and other 
unauthorised actions (S. 59 to 61).  
 
Section 32  
 
Transient or incidental making of copies of work  
 
(1) No consent of the author is required for ma king of reproductions of work that is transient 
or incidental and that forms an integral and substa ntial part of the technological procedure, if its only 
purpose is the lawful use of the work or transm ission of the work in the communication network 
between third parties by an intermediary, if the work does not have its separate asset value.  
 
(2) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.  
 
Section 33  
 
Use of work for information purposes  
 
(1) No consent of the author is required for   
a) the making of reproduction of the released wo rk in newspapers or other information media 
informing about up-to-date events or themes of ec onomical, political or other social character and for 
communication to the public having such contents; the above shall not apply if the author, in 
individual cases, has reserved the right to give  his consent with the reproduction and with 
communication to the public of this work;   b) the making of reproductions and communication to th e public of a short part of a work perceivable 
to current affairs that form an integral part of the news programme;  
 
c) the making of reproductions and communication to the public of a talk, speech or other work of 
similar nature given in public,   d) the public distribution of reproduction of the work made according to letter a) to c) by sale or other 
form of assignment of title, if this right was not reserved by the author of work.  
 
(2) The above form of use pursuant to par. 1 is appropriately governed by provisions of S. 25 
third sentence.  
 (3) Using the work pursuant to par. 1 does not result in an obligation to pay remuneration to 
the author.  IP/N/1/SVK/C/2 
Page 20  
 
  Section 34  
 
Use of the work of a collection  
 
(1) An authorised user of a co py of the work of a collection may use this work without the 
consent of its author for the purpose of having access to  its contents and for the legitimate use of its 
contents  
 
a) by the manufacturing of reproductions,   
b) by its alteration, translation, ad aptation and other change thereof,  
 c) by public distribution of this original work or  its reproduction by sale or other form of assignment 
of title,   
d) by communication to the public,  
 e) by public exhibition,   f) by public performance.   
(2) An authorised user of a copy of the work of a collection may, without the consent of its 
author, use this work in manners pursuant to par. 1 le tter a), c) to f), even a work created by alteration, 
translation, adaptation or other change of the respectiv e work of a collection, if such use is carried out 
within the extent substantiated by reasons pursuant to  par. 1 and the purpose is not to acquire direct or 
indirect property benefit.  
 
(3) Using the work pursuant to par. 1 and 2 does not result in an obligation to pay 
remuneration to the author.   
Section 35  
 
Reproduction and modification of computer program  
 
(1) An authorised user of a copy of a com puter program may, without the consent of its 
author, reproduce a copy of the particular copy of the computer program or to modify or translate the copy, if such a copy, modification or translation is necessary for  
 
a) connection of the computer program with a computer, for the purpose of and in the extent to which it was acquired, including the correction of the computer program defects;   b) replacement of a legitimate copy of a computer program (back-up copy).   
(2) An authorised user of a copy of a com puter program may, without the consent of its 
author, examine, study or verify the functionality of a computer program with an objective to specify ideas or principles forming a basis of any part of the program, namely during recording, depiction, broadcasting, verifying functionality and storing the program in memory, which he was authorised to.  
 
(3) If further use of a computer program copy becomes unauthorised pursuant to par. 1, every 
such copy, modification or translation must be devaluated.   
(4) The rights pursuant to par. 1 letter b) and par. 2 must contractually not be excluded.  
  IP/N/1/SVK/C/2 
 Page 21 
 
 
  (5) Using the work pursuant to par. 1 and 2 does not result in an obligation to pay 
remuneration to the author.   
Section 36  
 
Decompilation of a computer program from com puter code into the source language of the 
computer program  
 
(1) No consent of the author is required fo r making a copy of computer program or the 
translation of its form, if it is inevitable for obt aining information necessary for achieving mutual co-
operation of independently created computer pr ograms with other computer programs, if  
 
a) this activity is carried out by an authorised user of a computer program copy;   b) information necessary for achieving mutual co- operation was previously not commonly available 
to persons authorised to reproduction or to translation;  
 c) these activities exclusively affect a part of the computer program and are necessary for achieving mutual co-operation of independently created computer programs.  
 (2) Information obtained pursuant to par. 1 must not be used for  
 
a) achieving another objective other than achieving a mutual co-operation of independently created 
computer programs;   b) its rendering to other persons, except for use wh ich is necessary for ensuring mutual cooperation of 
independently created computer programs;  
 c) ensuring the development, manufacture, or trading with a computer program, which is similar in its 
formulation,   d) activity resulting in violation of the copyright.  
 
(3) Consent of the author is required for activities pursuant to par. 1 – making of copies of 
computer programs, if such manufacturing of copi es would contradict legitimate use of computer 
program or it would unreasonably infringe upon the inte rests protected by law of the author of the 
computer program.  
 
(4) Making of copies of computer code of a computer program or translation of its form must 
contractually not be excluded.   
(5) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.  
 
Section 37  
 
Public exhibition of work  
 
(1) No consent of the author is required for direct public exhibition
5) 
of the original work or its 
reproduction, if  
 IP/N/1/SVK/C/2 
Page 22  
 
  a) it is concerning a public exhibition of the original work which was sold or with regard to which the 
title was assigned in other manner to a natural person or legal entity, about who the author knew that 
such an activity formed a part of its ordinary activities,   b) the public exhibition does not contradict legitima te use of original work or its reproduction and 
does not infringe in other manners into the copyright.  
 
(2) Using the work pursuant to par. 1 does not r esult in an obligation to pay remuneration to 
the author.   
Section 38  
 
Limitations of economic rights of the author ar e permitted only in special cases stipulated in 
provisions of S. 24 to 37; disposal with the work  pursuant to these provisions must not conflict with 
normal exploitation of the work and must not unreasonably prejudice the legitimate interests of 
author.  
 
Copyright contracts  
 
Section 39  
 
Contract for the Creation of a Work  
 
(1) The author by work contract undert akes to create a work for the client.  
 
(2) In a work contract, the author may agree upon remuneration for creating a work with the 
client.  
 
(3) The author is obliged to create the work personally.  
 
(4) If the work shows any defects, the client may withdraw from the contract; if the defects 
can be removed, the client is entitled to withdraw fro m the contract only if the author fails to remove 
them in an adequate time period granted by the client for this purpose.  
 
(5) By transfer of the object through which th e work is expressed, the title to the object shall 
pass to the client, if not agreed otherwise.   
(6) Neither by concluding a work contract nor by transfer of the object through which the 
work is expressed, the client shall acquire the right to  use this work, if not sp ecified otherwise, except 
if the client concludes a licence contract with th e author, simultaneously with the conclusion of the 
work contract or after its conclusion.   
(7) Provisions of special legal regulation shall reasonably be applied to a work contract.
6) 
 
 
Licence contract  
 
Section 40  
 
Basic provisions  
 
(1) By means of a licence contract, the author grants the licensee his consent with the use of 
his work (hereinafter referred to  as "licence"). The licence contract must contain the manner of use of 
the work, the scope of the licence, period of licence validity granted by the author or the manner of its  IP/N/1/SVK/C/2 
 Page 23 
 
 
  determination and remunera tion or the manner of its determination,  if free of charge provision of the 
licence was not agreed upon between the author and the licensee.   
(2) The licence contract must be in writing, otherwise it is invalid.  
 
(3) If the economic rights of the author are exer cised by another person (S. 50), regulations on 
licence contract shall reasonably be  applied to granting a licence.  
 
Section 41  
 
Manner of use of work  
 
(1) In a licence contract, the author and the li censee must agree upon the manner of use of the 
work or individual manners of use of the work (S. 18  par. 2) which the author grants his licence for.  
 
(2) An author can not grant a licence to a licen see for such a use of work which is not known 
at the time of conclusion of the licence contract.   
Section 42  
 
Scope of licence  
 
(1) The author may agree upon with the licensee in the licence contract that the license is 
granted without any limitation to its scope.   
(2) If agreed upon between the author and th e licensee that the license is granted with 
limitation to its scope, the licence contract must contain territorial or a material specification of the 
scope of the licence.   
Section 43  
 
Exclusive licence and non-exclusive licence  
 
(1) The author may grant a licen ce to the licensee on an exclusiv e or non-exclusive basis. If 
not stipulated by the contract that the author has granted the exclusive licence,  it shall apply that the 
non-exclusive licence was granted.   
(2) If the author has granted th e exclusive licence, the author must not grant a licence to a 
third party to use the work in the same manner as in  the granted exclusive licence and the author is 
obliged, if not agreed otherwise in the contract, to abstain from the exercise of the use of the work in 
the same manner of use to which he  has granted the exclusive licence.  
 
(3) If the author has granted the non-exclusive licen ce, the author's right to use the work in the 
manner to which he has granted the non-exclusive licen ce as well as the right of the author to grant 
the licence to a third person shall be unaffected.   
(4) The non-exclusive licence acquired by the licensee before the exclusive licence was 
granted to a third person shall be retained, if not agreed otherwise between the author and the licensee 
of such non-exclusive licence.  
 IP/N/1/SVK/C/2 
Page 24  
 
  (5) The contract by which the author has granted a licence to a third party to use the work in a 
manner granted in the exclusive licence is invalid, if  the licensee of the exclusive licence did not grant 
his prior consent to the conclusion of such contract.   
Section 44  
 
Disposition with a licence  
 
(1) The licensee shall be entitled to grant a third person his consent to u se the work within the 
licence granted to him (hereinafter referred to as "sub-licence") only with the author's consent; 
provisions of S. 40 to 43 shall be applied accordingly. The author may give his consent to granting a 
sub-licence at the conclusion of a licence contract or later.   
(2) The licensee may transfer the licence by m eans of an agreement only with the prior 
author's written consent; he is obliged to inform the author about transferring the licence and the 
person of the assignee without undue delay. If not agr eed otherwise the author's consent shall not be 
required for the sale of enterprise which the licence is  a part of; this shall also be applied to an 
independent organisational unit of whic h the licence is an integral part.  
 
Section 45  
 
Remuneration  
 
(1) The agreed remuneration must comply w ith the manner, scope, purpose and time of the 
use of work.   
(2) If remuneration was agreed upon depending on the revenues resulting from the 
exploitation of the licence, the licensee shall be ob liged to enable the author the control of his 
accounting records or other documentation necessary to determine the remuneration. If in this case the 
licensee provides the author with the information ma rked by the licensee as c onfidential, the author 
must neither pass such information onto a third pers on nor use such information for himself in conflict 
with the purpose for which the information was provided to him.  
 
(3) If remuneration was agreed upon depending on  the revenues resulting from the utilization 
of the licence, the licensee shall be obliged to su bmit the author, at least once a year, information 
regarding the revenues resulting from the utilization of the licence separately for each manner of use 
of the work and simultaneously, the licensee shall be  obliged to submit the author the remuneration 
accounting statement, if not agreed otherwise.  
 
Section 46  
 
Passing of licence and termination of licence  
 
(1) By dissolution of the legal entity to which the licence was granted, rights and obligations 
resulting from the licence contract shall pass to its legal successor; the licence contract may exclude 
such passing of rights and obliga tions onto a legal successor.  
 
(2) By death of the natural person to who th e licence was granted, rights and obligations 
resulting from the licence contract shall pass to its heirs; the agreement may exclude such passing of 
rights and obligations onto heirs.   
(3) If there is no legal successor pursuant to par.  1 or heirs pursuant to par. 2, the licence 
terminates.   IP/N/1/SVK/C/2 
 Page 25 
 
 
  Section 47  
 
Special provisions regarding the licence contract on publishing a work  
 
(1) The licence contract by which the author h as granted the licensee a licence to reproduce a 
literary work, a dramatic work, a musico-dramatical, a musical work, a work of fine arts, a 
photographic work or a cartographic work made in pr inted form or in the form of photography and for 
public distribution of these reproductions, shall be  a licence contract on publishing a work.  
 
(2) If the licence contract does not stipulate ot herwise, it is supposed that the licence on an 
exclusive basis is the case; this shall not apply to publication of a work forming an integral part of 
periodical publications.   
(3) If the licence contract does not stipulate othe rwise, the author shall be entitled to make, 
prior the publication of the work and within a reasonable period granted by the licensee, creative 
alterations of the work if these do not evoke on the part of the licensee the necessity of incurring 
unreasonable cost, or if they do not change the character of the work (author's corrections).   
(4) If the licensee does not make it possible for the author to make author's corrections of his 
work or if the licensee would use the work in a manner depreciating its value, the author may 
withdraw from the agreement and request the surrender of the work (object); if the title to the original 
work has passed (expired?) on the li censee, the title to the work shall pass onto its author by delivery 
of the original work to its author.   
Section 48  
 
Special provisions on mass licence contract  
 
(1) The collective management organization may conclude a mass licence contract with the 
licensee. Through this mass licence contract, this or ganization grants the licensee its approval to use 
all works or some works with regard to which the organization is administering rights, in an agreed 
upon manner or manners, in the agreed upon extent, for the agreed upon time period, and the licensee 
undertakes, if not agreed otherwise, to pay remuneration.  
 
(2) The mass licence contract must be made in writing, otherwise it is invalid.  
 
(3) Provisions on the mass licence contract shall apply accordingly, if not stipulated otherwise 
in this Act.  
 
(4) The mass licence contract must not stipulate restrictions that exceed the framework of 
protection provided for by this Act.   
Section 49  
 
Special provisions on collective licence contract  
 
(1) The collective management organization may c onclude a collective licence contract with a 
legal entity, which has been associating the users of works. Through this collective licence contract, 
this organization grants its appr oval to use all works or some works with regard to which the 
organization is administering rights, in an agreed  upon manner or manners, in the agreed upon extent, 
for the agreed upon time period and for the agreed upon remuneration.   IP/N/1/SVK/C/2 
Page 26  
 
  (2) From the collective licence contract results rights and obligations binding directly every 
individual member of the legal entity associating the users of works, namely from the moment on 
which the user accedes to the agreement. Provi sions of special regulation shall be applied 
accordingly.
7)  
 
(3) The collective licence contract must be made in writing, otherwise it is invalid.  
 (4) Provisions regarding the licence contract shall be applied accordingly, if not stipulated 
otherwise in this Act.  
 
Special provisions on some works  
 
Section 50  
 
Employee work  
 
(1) If not agreed otherwise, the author's economic rights to an employee work shall be 
exercised by the employer in his own name and on his own account. The employer may transfer the right to exercise the author's economic rights to a third person only with the author's consent; the 
above shall not apply in the case of the sale of the enterprise or an independent organisational unit of 
the enterprise.  
 
(2) In the event of the death of the employer or dissolution of the employer who has been 
authorised to exercise the author's economic right s to an employee work who has no legal successor, 
the employer's authorisation to exercise the economic rights shall terminate and the economic rights to an employee work shall fall to the author.  
 
(3) If the employer has been carrying out the au thor's economic rights to an employee work it 
shall apply that the author had given his consent to  release this work and that the employer would 
perform the work in public under his name, if not st ipulated otherwise; however, moral rights of the 
author to an employee work shall not be prejudiced.   
(4) During the exercise of the author's economic rights to an employee work by the employer, 
the author shall be obliged to abstain from th e exercise of economic rights to this work.  
 
(5) A computer program, a work of a collection or cartographic work which is not a collective 
work (S. 10) shall be deemed to be an employee work  also even if, fully or partially, it was created on 
the basis of a work contract (S. 39); in such a case, the client shall be considered to be the employer. 
Withdrawal from the work contract shall result in th e termination of the right to exercise the author's 
economic rights.   
(6) The rights and obligations pursuant to par. 1 to 4 shall remain unaffected by the 
termination of the employment, service or civil ser vice relation or employment relation between an 
association and its member.  
 
Section 51  
 
School work  
 
(1) A school may conclude, under habitual terms,  a licence contract on the utilization of a 
school work with the author; if the author has refu sed to conclude a licence contract without giving a 
serious reason, the school may claim the stipulati on of contents of such an agreement in court.
8) The 
provision of S. 30 par. 1 letter c) shall remain unaffected.   IP/N/1/SVK/C/2 
 Page 27 
 
 
  (2) If not agreed otherwise, the author of a sc hool work may use his work or grant the licence 
to another person if this is not in contraven tion to the lawful interests of the school.  
 
(3) A school may claim from the author of the school work, from the remuneration obtained 
by him in connection with the utilization of the work or granting of the licence pursuant to par. 2, to 
make an appropriate contribution to the reimbursement of the costs incurred by the school in 
connection with the creation of the work, and that , depending on the circumstances, up to the full 
amount of this cost; the proceeds from the utilisation of the school work pursuant to par. 1 received by 
the school shall be taken into account.   
Section 52  
 
Rights to Previously Undisclosed Work  
 
(1) A person who publishes a work not made public before and to which the period of 
protection of economic rights has already expired sha ll, on the basis of this publishing, be entitled to 
the economic rights to the work equal to those as woul d have been enjoyed by the author of the work 
himself if his economic rights to the work were still in effect.   The entitlement pursuant to par. 1 shall run for 25 years from the releasing the work. The provisions 
of S. 22 shall, in this case, apply analogously.  
 
Section 53  
 
Work in public domain  
 
(1) If the author does not have heirs or if his heirs refuse to accept the descendant's estate, the 
work shall become free for public domain except for a case pursuant to  S. 18 par. 6 third sentence, 
even before expiry of the time period pursuant to S. 21.   
(2) If the work is free to be published for public domain, the user shall neither be obliged to 
obtain consent to use the work nor to pay remuneration.  
 
(3) Provisions of par. 1 and 2 shall not be prej udiced by provisions of S. 17 par. 3 and S. 52 
par. 1.   
Section 54  
 
Presumption of authorship  
 
(1) A natural person whose name is given on a wo rk in a manner usual to stating the author's 
name is deemed to be the author of the work, if not proven as something different. This provision 
shall also apply if the work is signed with a pse udonym, if there are no doubts regarding the author's 
identity.  
 
(2) If the work is neither signed with a name nor with a pseudonym pursuant to par. 1, or such 
marking of the work is not possible and nothing el se was proven, the natural person whose name is 
given as the author of the work in the works re gister of the relevant collective management 
organization [S. 81 par. 1 letter f)] or in the works re gister pursuant to special regulations is deemed to 
be the author.   IP/N/1/SVK/C/2 
Page 28  
 
  Section 55  
 
Audiovisual work  
 
(1) Declaration on an audiovisual  work and on rights related to this work including rights 
concerning its use and entered in the international register of audiovisual works
9) shall be deemed to 
be true up to the moment until something different is proven, with the exception if the declaration  
 
a) cannot be true pursuant to this Act, or   
b) it contradicts other declaration speci fied in the international register.  
 
(2) If not agreed otherwise, economic rights of authors to an audiovisual work are exercised 
by the producer of the original audiovisual work, if, on the basis of an agreement in writing, has 
obtained a permit to manufacture original of this wo rk from authors of the original audiovisual work 
and if he has agreed upon the remuneration fo r creating the work with the authors and the 
remuneration and of its determinati on separately for the individual use of this work pursuant to S. 18 
par. 2; for the use of work provisions of S. 45 shall appropriately apply to the agreement on 
remuneration.   
(3) If the producer of an original audiovisual wo rk is exercising economic rights of authors to 
an audiovisual work pursuant to par. 2, it shall appl y that he also has obtained rights to use this work 
in original wording, dubbed or supplemented by subtitles, and also to use images created in 
connection with producing its original (a part of audiovisual work), namely with the possibility to 
grant a licence to use this work to a third person; provisions of S. 50 par. 1 to 3 shall apply accordingly.  
 
Protection of Copyright  
 
Section 56  
 (1) The author the rights of who were infringed upon unlawfully or the rights of who are in 
jeopardy to be infringed unlawfully, may especially request  
 
a) the determination of his authorship,   b) prohibiting jeopardising of his rights including th e prohibiting to repeat such jeopardising, namely 
including against a person who indirectly pa rticipated in jeopardising these rights;  
 c) prohibiting unlawful infringement of his rights, namely including against a person who indirectly 
participated in jeopardising of these rights in cluding prohibition pursuant to S. 59 and 60;  
 d) to be given information regarding the origin of the copy of work or counterfeit of work, about the 
manner and scope of its use and about services infringing the copyrights, including  
 
1. data about the owner, publisher, manufacturer, di stributor, supplier or seller of such a copy of 
work or counterfeit of work or about the provider of services;   
2. data about the issued, produced, delivered, provide d, accepted or ordered amount or the price of 
such a copy of work, counterfeit of work or service;  
  IP/N/1/SVK/C/2 
 Page 29 
 
 
  e) removal of consequences resulting from the infringeme nt of the right, at the cost of the person who 
unlawfully infringed or jeopardized with unlawful infringement, namely  
 
1. by destruction of unlawfully manufactured copy of work or counterfeit of work, by its withdrawal 
from circulation or from other form of use, or   
2. by destruction of material, tools and aids pursu ant to S. 59 and 60 u sed for carrying out the 
unlawful infringement or jeopardy of unlawful infri ngement, by their withdrawal from circulation 
or from other form of use;  
 f) compensation of loss pursuant to special regulations.
9b) 
 
(2) The author, who at the exercise of manda tory collective management of his economic 
rights to a work is not contractually represented by  the relevant collective management organization, 
may demand the payment of remuneration or equita ble remuneration if his work was used, or the 
payment of the compensation of remuneration from the relevant collective management organization 
or other person, who is obliged to create a reserve  fund pursuant to this Act for such purposes; the 
above shall not prejudice the entitlements of the auth or resulting from unauthorised use of the work.  
 
(3) Information pursuant to par. 1 letter d) shall also be provided by the person, who  
 
a) has in his possession a copy of work or counterfeit of work;   
b) makes use of services violating the copyright;  
 c) provides services used for violating the copyrights;   d) was named by a person specified in letters a) to c) as the person who participated in the production, 
alteration or distribution of a copy of work, counter feit of work or in providing services violating the 
copyright.  
 
Section 57  
 
(1) Entitlements pursuant to S. 56, apart from th e author may also claim the licensee of an 
exclusive licence or a person, who has economic rights to a work or who was entrusted with the execution of administration of the author's economic rights.   
(2) If the author or a person having economic rights to a work will grant another person a 
licence on an exclusive basis or if another person is  entrusted with the execution of administration of 
the author's economic rights on the basis of law, the right to claim entitlements pursuant to S. 56 
par. 1 letter b) to e) shall have only this particul ar person; the copyright or the right of a person who 
has economic right to the work to claim other en titlements including the entitlements resulting from 
the use of the work exceeding the extent of the licence on an exclusive basis shall remain 
unprejudiced.  
 
Section 58 
 
(1) The author may also require from customs authorities information regarding the contents 
and extent of imports of a goods which; 
 
a) is a reproduction of his work in any form;  
 IP/N/1/SVK/C/2 
Page 30  
 
  b) is intended to serve as a carrier [S. 24 par. 6 lette r a)] for the manufacturing of such a reproduction;  
 c) is an equipment or device designated for th e manufacturing of the reproductions [S. 24 par. 6 
letter b), c) and d)];   
d) is a tool pursuant to S. 59 par. 1.;  
 
(2) The author may inspect customs documents to  know whether the import or receipt of these 
goods being used in the territory of the Slovak Re public is in compliance with this Act, or to 
acknowledge details necessary for the enforc ement of rights resulting from this Act.  
 
(3) The provisions of par. 1 and 2 shall apply accordingly also for export.  
 
(4) The provisions of par. 1 and 2 shall also  apply to the relevant collective management 
organization and the legal entity authorised to defend the interests of authors.  
 
Section 59 
 
(1) The copyright shall also be infringed by whoever, for the purpose of achieving property 
benefit by rendering services or by other manner, w ho develops, produces, offers for sale, rental or 
lending, imports, distributes or utilizes tools exclus ively or partially designed for the removal, 
deactivation or limitation of the function of an y technical device or of technological measure 
designated for the protection of rights pursuant to this Act.   
(2) Technological measure pursuant to par. 1 sh all mean any procedure, product or component 
integrated into a procedure, product or device desi gned to avoid, limit or prevent infringement of 
copyright in a work.  
 
Section 60 
 
(1) Unauthorised intervention into  copyright shall also mean:  
 
a) removal or alteration of any electronic information identifying rights;  
 b) public distribution of the original work or its reproductions, including th eir import, as well as 
communication to the public in case of which electro nic information identifying the rights have been 
removed or altered without the author's consent.  
 
(2) Information identifying rights pursuant to pa r. 1 shall mean data identifying the work, the 
author of the work or the holder of any right to  the work, information about terms and conditions 
governing the use of the work and any other figures or  codes stating such information, if any of this 
information is attached to the work copy or if it will be displayed in connection with the 
communication to the public of a work.  
 
Section 61  
 The copyright shall also be infringed by whoeve r uses for his work a title or external design 
that has been legitimately used by another author for a work of the same kind, if this could lead to the 
danger of confusion of the two work s, if not ensuing otherwise from the nature of the work or from its 
designation.  
 
  IP/N/1/SVK/C/2 
 Page 31 
 
 
  PART THREE  
 
RIGHTS RELATED TO COPYRIGHT  
 
Section 62  
 
Moral rights of performing artist  
 
Provisions of S. 17 shall appropriately be a pplied to a performing artist and his artistic 
performance.  
 
Section 63  
 
Economic rights of performing artist  
 (1) The performing artist shall have the ri ght to use his artistic performance.  
 (2) The performing artist shall have the right to give his consent to use his ( artistic 
performance ) by the following use:  
 
a) communication to the public of unfixed artis tic performance; the above shall not apply to 
communication to the public of broadcasted unfixed artistic performance;  
 b) manufacture original recording of artistic performance;   c) making copy recording of artistic performance;  
 
d) public distribution of original recording of artistic  performance or its copy by sale or other forms of 
assignment of title;   e) public distribution of original recording of artistic  performance or its copy by rental or lending;  
 
f) disclosure of recording of artistic performance to public.  
 
(3) The right of the performing artist to give his consent to public distribution of original 
recording of artistic performance or its copy pursu ant to par. 2 letter d) shall be forfeited for the 
territory of a member state or an EEA state by the fi rst lawful sale or other transfer of the title to the 
original recording of artistic performance or its c opy in the territory of a member state or an EEA 
state, namely for the original recording of artisti c performance and all its copies that have been the 
subject of sale or other transfer of the title.   
(4) If the performing artist gives the producer hi s consent to public distribution of original 
recording of artistic performance or its copy by rental or lending [par. 2 letter e)], the right to 
equitable remuneration shall arise to him from the person who will publicly distribute this original 
recording of artistic performance or its copy by re ntal or lending; this right cannot be waived.  
 
(5) If not agreed otherwise, at the exercise of  the rights artistic ensemble to performances 
created jointly during the performan ce of the same work by more than one performing artists, e.g. by 
members of an orchestra, choir, dance troupe or other artistic corps or artistic ensemble, these 
performing artists shall be represented, on thei r behalf and on their account, by their joint 
representative. The joint representative shall be the artistic leader of the artistic corps or artistic 
ensemble, except for the case if the majority of the members of the artistic corps or artistic ensemble 
assign another person as their joint representative, who will be granted the author isation in writing.  IP/N/1/SVK/C/2 
Page 32  
 
  (6) The provision of paragraph 5 on the joint re presentative shall not apply to the following 
performing artists – soloist, conductor and director  of a theatrical performance; the above shall not 
prejudice the right of such persons to be th e joint representative of performing artists.  
 
(7) The rights of the performing artist pursuant to par. 1, 2 and 4 shall run for 50 years from 
the creation of the artistic performance. If the record ing of such artistic performance is released during 
this period, the rights of the performing artist shall not expire until 50 years from the time when such 
work was released.   
Section 64  
 
Economic rights of producer of phonograms  
 
(1) The producer of a phonogram shall have the right to use his phonogram.   
(2) The producer of a phonogram shall have th e right to give his consent to use his 
(phonogram ) by the following use:  
 
a) to make copy of the phonogram;   b) public distribution of the original phonogram or its reproduction by sale or other forms of 
assignment of title,  
 c) public distribution of the original phonogram  or its reproduction by rental or lending,  
 d) broadcasting of phonogram,  
 
e) making available the phonogram to the public.   
(3) The right of the producer to give his consent to public distribution of original phonogram 
or its reproduction pursuant to par. 2 letter b) shall be forfeited for the territory of a member state or 
an EEA state by the first lawful sale or other tran sfer of the title to the original phonogram or its 
reproduction in the territory of a member state or an EEA state, namely for the original phonogram 
and all its reproductions that have been the subject  of this sale or other transfer of the title.  
 
(4) The rights of a producer of phonograms pursuant to par. 1 and 2 are transferable.  
 
(5) The rights of a producer of phonograms pursuant to par. 1 and 2 shall run for 50 years 
from the creation of a phonogram. If the phonogram is re leased during this period, by its release, the 
rights of the producer of a phonogram shall terminat e by expiry after 50 years from the time when 
such release occurred. If the phonogram is not re leased by its publishing during the time period 
pursuant to the first sentence, but it will be released  in another manner, the rights of the producer of a 
phonogram shall terminate by expiry after 50 year s from the time when su ch release occurred.  
 
Section 65  
 
Right of a performing artist and producer of phonograms to equitable remuneration  
 
(1) If the performing artist does not have the exclusive right to give his consent to the 
communication to the public of his artistic performance pursuant to S. 63 par. 2, he shall be entitled to 
equitable remuneration for such use of the above.    IP/N/1/SVK/C/2 
 Page 33 
 
 
  (2) If the producer of a phonogram does not have th e exclusive right to give his consent to the 
communication to the public of his phonogram pursua nt to S. 64 par. 2, he shall be entitled to 
equitable remuneration for such use of the above.   
(3) Provisions of S. 63 par. 7 shall apply to the right to equitable remuneration pursuant to 
par. 1.  
 
(4) Provisions of S. 64 par. 5 shall apply to the right to equitable remuneration pursuant to 
par. 2.   
Section 66  
 
Economic rights of audiovisual recording producer  
 
(1) The audiovisual recording producer shall have  the right to use his audiovisual recording.  
 
(2) The audiovisual recording producer shall have  the right to give his consent to use his 
(audiovisual recording ) by the following use:  
 
a) to make copy of the audiovisual recording,   
b) public distribution of the original audiovisual recording or its copy by sale or other forms of 
assignment of title,   c) public distribution of the original audiovisual recording or its copy by rental or lending,  
 
d) public performance of audiovisual recording,  
 e) broadcasting of audiovisual recording,   f) making available the phonogram to the public.   
(3) The right of the recording producer to give his consent to public distribution of original 
audiovisual recording or its copy pursuant to par. 2 letter b) shall be forfeited for the territory of a 
member state or an EEA state by the first lawful sa le or other transfer of the title to the original 
audiovisual recording or its copy in the territory of  a member state or an EEA  state, namely for the 
original audiovisual recording and a ll its copies that have been the subject of this sale or other transfer 
of the title.  
 
(4) The rights of an audiovisual recording producer  pursuant to par. 1 and 2 are transferable.  
 
(5) The rights of an audiovisual recording producer pursuant to par. 1 and 2 shall run for 
50 years from the creation of an audiovisual recordi ng. If the audiovisual recording is released during 
this period, the rights of the audiovisual recording producer shall terminate by the expiry of 50 years 
from the time when such release occurred.  
 
Section 67  
 
Right of an audiovisual recording producer to equitable remuneration  
 
(1) If the audiovisual recording producer does not have the exclusive right to give his consent 
to the communication to the public of his audiovisual recording pursuant to S. 66 par. 2, he shall be 
entitled to equitable remuneration for such use of the above.  IP/N/1/SVK/C/2 
Page 34  
 
  (2) Provisions of S. 66 par. 5 shall apply to the right to equitable remuneration pursuant to 
par. 1.   
Section 68  
 
Economic rights of broadcaster  
 
(1) The broadcaster shall have the right to use his broadcasting.   (2) The broadcaster shall have the right  to give his consent to use his ( broadcast ) as follows:  
 
a) communication to the public of the broadcast, if it  is carried out at places accessible to the public 
against the payment of an entrance fee;   b) manufacture original recording of the broadcast,  
 
c) making copy recording of the broadcast,   d) public distribution of the original recording of the broadcast or its copy by sale or other forms  
of assignment of title,   
e) retransmission of the broadcast by cable,  
 f) making accessible the recording of the broadcast to the public.   
(3) The right of the broadcaster to give his consent to public distribution of an original 
recording of broadcasting or its copy pursuant to par.  2 letter d) shall be forfeited for the territory of a 
member state or an EEA state by the first lawful sa le or other transfer of the title to the original 
recording of broadcasting or its copy in the territory  of a member state or an EEA state, namely for 
the original recording of broadcasting and all its copi es that have been the subject of this sale or other 
transfer of the title.   
(4) The rights of a broadcaster pursuant to par. 1 and 2 are transferable.  
 
(5) The rights of a broadcaster pursuant to par. 1 and 2 shall run for 50 years from releasing 
the broadcasting.   
Section 69  
 
Limitation of economic rights of artistic performer, producer of phonograms, audiovisual 
recording producer and broadcaster  
 
(1) The rights of the artistic performer, producer of a phonogram, audiovisual recording 
producer and broadcaster are appropriately governed by  provisions of S. 24 par. 1 and 6 to 10, S. 25, 
S. 28 par. 1, 3 and 4, S. 29, S. 30 par. 1 letter a) and b) and par. 2 and 3, S. 32, S. 33 par. 1 letter a), b) 
and d), par. 2 and 3, S. 34 and 38.   
(2) The broadcaster may  
 
a) use a short part of a work, artistic performance,  phonogram, audiovisual recording or broadcast of 
another broadcaster in a news programme in a justified extent,    IP/N/1/SVK/C/2 
 Page 35 
 
 
  b) prepare a soft copy of his broadcast by means of his own equipment and for his own broadcasting; 
if the soft copy is of a special documentary valu e, the broadcaster shall be entitled to archive the 
above, otherwise he is obliged to destroy the above within 30 days.   
(3) The artistic performer, producer of phonogr ams, audiovisual recording producer and 
broadcaster or their legal successor shall be entitled to the compensation of remuneration for the use 
pursuant to S. 24 par. 1.   
Section 70  
 
Calculating the term of rights related to copyright  
 
The term of a performing artist's rights (S. 63 par. 7, S. 65 par. 3), of a producer of 
phonograms (S. 64 par. 5, S. 65 par. 4), of an a udiovisual recording producer (S. 66 par. 5, S. 67 
par. 2) and a broadcaster (S. 68 par. 5) shall be ca lculated from the first day of the year following the 
fact decisive for this term.  
Section 71  
 
(1) Provisions of S. 5 par. 6, 7, 10, 11, 14, 15, 17,  19, 21, S. 8 to 10, S. 12, 13, 15, S. 18 par. 3 
to 6, S. 20 par. 1 to 4, S. 39 to 51, S. 53 to 61 shall appropriately apply to the performing artist and his 
artistic performance.  
 
(2) Provisions of S. 5 par. 6, 7, 10, 11, 14, 15, 17, 19, 21, S. 8 to 10, S. 13, S. 15 par. 2, S. 18 
par. 3, S. 20 par. 1 to 4, S. 39 to 49, S. 51, 53  to 61 shall appropriately apply to the producer of 
phonograms and his phonogram, to the audiovisual reco rding producer and his audiovisual recording 
and to the broadcaster and his broadcasting.  
  
PART FOUR  
 
RIGHT SUI GENERIS  TO A DATABASE  
 
Section 72  
 The right sui generis  to a database – which is a qua litative or quantitative substantial 
contribution for the acquisition, ve rification or presentation of its contents - shall belong to its 
producer, irrespective of whether the database or its c ontents are the subject of copyright or of other 
rights.  
 
Section 73  
 
Right sui generis  of a maker of database  
 
(1) The maker of a database shall have the right  to give his consent to extraction or re-
utilisation of the database content or of its qualitative or quantitative  substantial part.  
 
(2) The extraction pursuant to par. 1 means the permanent or temporary transfer of all or 
substantial part of the content of a database to another medium by any means or in any form.  
 
(3) The re-utilization pursuant to par. 1 means an y form of making availa ble to the public all 
or a substantial part of the content of a database by  the distribution of its copies, by rental, by on-line 
or by other forms of communication.   IP/N/1/SVK/C/2 
Page 36  
 
  (4) The lending of the original database or its reproduction shall neither mean extraction 
pursuant to par. 2 nor re-utilization pursuant to par. 3.   
(5) The repeated and systematic extraction a nd re-utilization of insubstantial parts of the 
database contents implying acts which are neither habitual nor appropriate and which prejudice the 
legitimate interests of the maker of a database, are prohibited.  
 
(6) The rights of the maker of a database are transferable.   
Section 74 
 
Rights and obligations of a database user  
 
(1) The maker of a database made public in any manner must not prohibit a user of the 
database or part thereof any extraction and reutiliza tion of its qualitative or quantitative insubstantial 
parts of its content, namely for any purpose.  
 
(2) The user of a database made public in any manner must not use it in another manner than 
usual, reasonable and without detriment to leg itimate interests of the maker of a database.  
 
(3) The user of a database made public in any manner must cause damage neither to its author 
nor to any other person, who is the owner of rights to works or other subjects under protection 
contained in the database pursuant to this Act.   
Section 75  
 
Limitation of right sui generis  to a database  
 
The legitimate user of a database made public in  any manner may, without the consent of its 
producer, carry out the extraction, reutilization of subs tantial part of its contents, if the following is 
concerned: 
 
a) extraction of contents of non-electronic database for personal use;  
 b) extraction for scientific research or educational pu rposes by way of illustration, however the source 
must be indicated and the extent of extraction mu st not be focused on acquiring direct or indirect 
property benefit;  
 
c) extraction and reutilization carried out in or der to protect the public and in administrative 
proceedings or court proceedings.  
 
Section 76  
 
Term of the right sui generis  of the maker of a database  
 
(1) The right sui generis  of the maker of a database shall run for 15 years.  
 
(2) The term of the database maker's right sui generis  shall be calculated from the first day of 
the year following the year in which the database was made. If the database is released during this 
period, the term of the database maker's right sui generis  shall commence on the first day of the year 
following the year in which the database was released.    IP/N/1/SVK/C/2 
 Page 37 
 
 
  (3) Every new, qualitative or quantitative substantia l contribution to the da tabase consisting in 
its completion, shortening or another amendment or  modification shall result in the creation of a new 
database.   
Section 77  
 
Provisions of S. 5 par. 4, 7, 11 a 14, S. 7 par. 3, S. 13, S. 18 par. 3 and 4, S. 20 par. 2 to 4, S. 
40 to 46, S. 53 a 54, S. 56 to 61 shall appr opriately apply to a maker of a database.  
 
 
PART FIVE  
 
COLLECTIVE RIGHTS MANAGEMENT  
 
Section 78  
 
(1) The purpose of collective rights management pur suant to this Act (hereinafter referred to 
as "collective management") is the collective en forcement and collective protection of economic 
rights of an author and of economic rights of a pe rforming artist, of a producer of phonograms, of an 
audiovisual recording producer a nd broadcaster and the making available the subjects of these rights 
to the public.  
 
(2) The collective management is the representa tion of a larger number of persons, who  
 
a) have economic rights to a work, artistic pe rformance, phonogram, audiovisual recording or 
broadcasting (hereinafter referred to as "subject-matters "),  
 
b) perform economic rights on the basis of this Act (S. 50 and 55), or   c) on the basis of a contract, were granted a licence on an exclusive basis valid for the entire period of 
term of economic rights to the subject-matter and fo r the territory of the Slovak Republic, with the 
right to grant a sub-licence (hereinafter referred to as "right holders ") for their joint benefit, and that 
during the exercise of their economic rights to subject-m atters released or offered to be released, if not 
any other than collective execution of these rights is not permitted (par. 3) or is inappropriate; the 
subject-matters offered to be released shall mean such an subject-matter, which has been notified in 
writing by the right holder to the relevant organization of collective management for the purpose of including such subjects into the register of subject-matters.  
 
The exercise of collective management is not a temporary representation of right holders at 
the execution of their economic rights, if other th an collective management of these rights is also 
permitted.  
 (3) Rights subject to mandatory collective management are as follows:  
 
a) the right to remuneration in the case of the resale of the original work of visual arts (S. 19 par. 1),  
 b) the right to the compensation of remunerati on (S. 24 par. 4 and 5 and S. 69 par. 3);  
 
c) the right to give consent for retransmission of wo rk by cable [S. 18 par. 2 letter h)]; the above shall 
not apply to rights to subject-matte rs which are contained in the broadcast of a broadcaster and the 
broadcaster has been executing them on the basis of law, a licence contract or another similar 
contract;   IP/N/1/SVK/C/2 
Page 38  
 
  d) the right of the performing artist and the produ cer of a phonogram to equitable remuneration for the 
retransmission by cable of their subject-matters pur suant to S. 65; the above shall not apply to rights 
to subject-matters which are contained in the broad cast of a broadcaster and the broadcaster has been 
executing them on the basis of law or a licence contract;   
e) the right of the author or the performing artist to  give his consent to lending [S. 18 par. 2 letter c) 
and S. 63 par. 2 letter e)],   f) the right of the author or the performing artist to equitable remuneration for lending (S. 18 par. 7 
and S. 63 par. 4).  
 
(4) The collective management is carried  out especially in the following areas:  
 
a) public performance of work;   
b) communication to the public by exhibiting the subject-matter by any technical devices;  
 c) broadcasting of the subject-matter;   d) retransmission of subject-matter by cable;   
e) public distribution of original subject-ma tter or its copy by rental or lending;  
 f) making copies of subject-matter for personal use;   g) making copies of subject-matter by means of a reprographic equipment or other technical 
engineering equipment;  
 h) resale of the original work of visual arts;   i) use of the subject-matter for which equitable remuneration is paid.  
 
(5) The collective management is carried out by the organization of collective management, 
namely systematically, in its own name, on its own responsibility and as the main subject of activity.  
 
Section 79  
 
Collective management organization  
 
(1) The collective management organizati on is a legal person who was granted the 
authorisation to carry out the collective management.   
(2) The authorisation to carry out the collective management can exclusively be given to a 
legal entity with it registered office in the territo ry of the Slovak Republic and which was established 
for non-business purposes pursuant to special regulation.
10) 
 
Section 80  
 
Granting and termination of authorisation  
 
(1) The decision on the granting of authorisation to execute collective management 
(hereinafter referred to as "authorisation") shall be  made by the Ministry of Culture of the Slovak  IP/N/1/SVK/C/2 
 Page 39 
 
 
  Republic (hereinafter referred to as "Ministry") on the basis of a written application of the legal entity 
(hereinafter referred to as "applicant").   
(2) The application must contain  
 
a) the name, registered office, identification number,  if assigned, and the designation of the statutory 
body of the applicant, the name and surname a nd permanent residence of the person who is the 
statutory body, or of the persons who are its members;   b) the specification of the rights which are to be managed collectively;  
 
c) the specification of the subjects of rights referre d to in letter b), and in the case of works, the 
definition of their type including;   d) supplements pursuant to par. 3 and 4.  
 
(3) The applicant shall attach the following documents to his application pursuant to par. 2 
 
a) the document proving facts required pursuant to  par. 2 letter a) and S. 79 par. 2;  
 b) a document proving the membership or a promise of membership in an international organisation 
and a written statement from at least three international organisations executing collective 
management that they have a binding interest in cont ractual cooperation with the applicant, or a list of 
at least 150 persons from at least three other member states who showed a binding interest in collective management of their rights by the applicant;   
c) information on professional, technological a nd economical ability to carry out the collective 
management including documents confirming this information;  
 d) a list of rights holders, who showed interest in collective management of their rights by the applicant including specification of their residence,  state citizenship and signature of these rights 
holders;  
 
e) a sample of draft contract on representation of rights holders at performing collective management;  
 f) a remuneration proposal regarding individua l manners of use of subject-matters;  
 
g) a proposal of rules of remuneration containing basic principles of distribution of selected 
remuneration and compensation of remune ration to authorised rights holders;  
 h) a statutory declaration of the applicant that a nnexes pursuant to letters c) and d) are up-to-date, 
complete and true.   
(4) Documents pursuant to par. 3 letter a) and b) shall by attached to as an original copy or a 
verified copy; a verified translation made in Slov ak shall be attached to documents made out in a 
foreign language.   
(5) The applicant is a party to the proceedings pursuant to par. 1.  
 
(6) The Ministry shall decide about the application for granting authorisation within 90 days 
from the day of filing an application. The Mi nistry, in the proceedings regarding granting 
authorisation will take into consideration especially the fact whether it is possible to presume that the 
applicant is qualified to carry out the collective management in an orderly and expedient manner.  IP/N/1/SVK/C/2 
Page 40  
 
  (7) The Ministry grants a licence to the applicant,  
 
a) whose application for authorisation fulfils prerequisites pursuant to par. 2;   b) who is applying for an authorisation for rights and to such a subject of these rights, and in case of 
works – then such a type, in which case th e collective management is practical;  
 c) who is fulfilling prerequisites for ensuring the execution of collective management in an orderly 
and expedient manner.   
(8) The Ministry will release its decision rega rding granting authorisation in the sector 
medium and on its internet page.   
(9) The Ministry is keeping a record of organi sations of collective management to which the 
Ministry has granted authorisation; the records contains the name, seat of the organisation of 
collective management and specification of collec tively managed rights and the subject of these 
rights, and in case of works – the specification of their type.   
(10) The authorisation shall expire by dissoluti on of the legal entity to which the authorisation 
was granted, or on the basis of a decision of the Ministry regarding withdrawal of authorisation (S. 83 par. 9).  
 
Obligations of the collective management organization and the user of subject-matters  
 
Section 81  
 
(1) The collective management organization shall properly, by applying the principles of 
professional care, and within the scope  of the granted authorisation  
 
a) represent each right holder in the exercise of  his rights which the collective manager manages on 
the basis of this Act;   
b) take on habitual terms the representation of ever y right holder in the exercise of his rights if the 
latter requests him to do so and proves that the subj ect-matter has been used in the relevant manner, 
and if that right holder is not represented by another person in the exercise of the right relating to the 
subject-matter, and in the case of works – in  the exercise of the right to the work;  
 
c) represent every right holder in the exercise of his rights within the scope as agreed upon with him;  
 d) represent right holders on equal conditions;   e) keep a register of contractually represented right holders; the register contains only such data as are 
necessary for the execution of  collective management;  
 
f) keep a register of the subject-matters for which the rights are being collectively managed, if such 
subjects are known to him; the register must cont ain only such data as are necessary for the execution 
of collective management;   
g) inform whoever requests such information in wr iting, whether he represents the right holder and 
issue a written certificate of such fact at the request and cost of the applicant;  
  IP/N/1/SVK/C/2 
 Page 41 
 
 
  h) conclude, on reasonable and equal terms, with the users or with the persons authorised to protect 
the interests of users associated in  such bodies who use the subject-ma tters, or with persons obliged to 
pay the compensation of remuneration pursuant  to this Act, agreements by which  
 
1. the user is granted authorisation to exercise the right to use the subject-matter for which the 
collective manager manages such right collectively;  
2. agree upon with the user or the person obliged  remuneration, equitable remuneration or 
compensation of remuneration and the manner of its payment;  
 i) in his own name and on behalf of the right holders, seek claims for the surrender of unlawful 
enrichment resulting from the unaut horised exercise of a collectively managed right; the above shall 
not apply if a right holder, if authorised to do so, presents such claims for himself, or if such procedure is uneconomical;   j) collect on behalf of the right holders, in complia nce with this Act and with the agreements pursuant 
to letter h), remuneration, equitable remunerati on, compensation of remuneration and eventual 
revenue from the surrender of unlawful enrichment, to  divide it and disburse it in compliance with his 
rules of remuneration   k) keep a record of collected remuneration, e quitable remuneration, comp ensation of remuneration 
and revenue from surrendered unlawful enrichment, a nd to allow the right holder at his request the 
checking of the correctness of the amount of rem uneration, equitable remuneration, compensation of 
remuneration and eventual revenue from unlawful enrichment paid out to him;   l) ensure tasks in the area of regi stration and ensure registration into the international lists of right 
holders and subject-matters, and with the contest of right holders to provide the Ministry information 
connected with both registration and record -keeping pursuant to letter f) and k);  
 m) create a reserve fund from the collected remune ration, equitable remuneration, compensation of 
remuneration and eventual revenue from unlawful enrichment;   n) perform accounting;  
 
o) draft, as of 30th 
June of each year, an annual report on the activities and economic management 
(hereinafter referred to as "annual report") for the preceding calendar year, comprising also the annual financial statements verified by an audito r, and to submit it to the Ministry without undue 
delay; the annual report shall contain a full and fair  description of all decisive facts and shall be 
made available to all right holders;   
p) inform the Ministry of all changes in the da ta presented in the application for the granting of 
authorisation pursuant to S. 80 including changes of the person who is the statutory body of the collective manager or member of such body, and doc ument such changes not later than 15 days from 
such change;   
r) provide the Ministry  
 1. a copy of changes of documents attached to th e application for the granting of authorisation 
pursuant to S. 80 par. 3 and 4 within 15 days from the day of change;  
2. information about the contractual commission to carry out the collective management from other 
collective management organization including foreign ( collective management organization ) and 
a copy of other documents related to the carrying out of the collective management within 15 days 
from the date on which the Ministry requested them;  IP/N/1/SVK/C/2 
Page 42  
 
  3. a copy of judicial decision or other relevant body , if the organization of collective management is 
a participant in the proceedings, within 15 days from the date on which the Ministry requested it;  
 s) publish in a suitable manner the remunerati on and equitable remuneration tariff rates;  
 
t) inform the Ministry on judicial decisions or other relevant bodies in proceedings to which the 
collective manager is a participant, and whic h have a fundamental impact on his activity.  
 
(2) The obligations pursuant to par. 1 letter a) a nd b) shall exclusively apply to a right holder 
who is citizen of the Slovak Republic, or who has pe rmanent resident or is based in its territory.  
 
(3) The organization of collective management shall represent the right holder on the latter's 
account and under the collective manager's name. The collective management organization shall 
execute collective management on a non-profit basis.  The collective management organization shall 
be entitled to claim compensation of effectively expended costs.  
 
(4) Both the user and the person obliged to pa y compensation of remuneration (S. 24 par. 6) 
shall be obliged to enable the co llective management organization to  perform the orderly execution of 
collective management and must not, without serious  reason, refuse to provide necessary information 
to the organization of collective management. Th e collective management organization may not use 
the information obtained during the execution of the collective management for any other purpose 
than the execution of collective management. Th e collective management organization shall be 
authorised to monitor the orderly and timely fulf ilment of both the agreements concluded by it in the 
execution of collective management and statutory oblig ations of persons obliged to make the payment 
of compensation of remuneration; the user or other party to such an agreement and also the person obliged to pay compensation of remuneration, sha ll be obliged to allow the collective management 
organization the execution of such activity.  
 
(5) If the operator of premises or other area provides his premises or other area to an 
organizer of public-cultural performances for public performance or communication to the public of a 
musical work or artistic performance, this operator sha ll be deemed to be the user of the musical work 
or artistic performance, if he fails to report to  the collective management organization the data 
necessary for the identification of the organi zer of the said public-cultural performance.  
 
(6) In case of public performance of a musical work, the organizer of the public-cultural 
performance shall, at the latest within 10 days befo re the performance, inform the relevant collective 
management organization of the programme of the performance, listing the names of the authors and 
titles of all works that are to be produced; if th e organizer fails to report the above facts to the 
collective management organization, the presumption is that only such works will be performed with 
regard to public performance of which the collective management organization has been 
administering the rights.  
 
Section 82 
 
(1) If the collective management organizati on will neither agree with the user on the 
conclusion of a licence contract or a mass licence cont ract, or on the conclusion of a collective licence 
contract with a legal entity associating the users, by which the organization will grant its approval to 
use the subject-matters to which the organization h as been administering rights pursuant to this Act 
(hereinafter referred to as "administered subject-mat ters"), nor on the conclusion of an agreement on 
equitable remuneration for the use of the subject -matters by the user, the collective management 
organization, the user or the legal entity associating the users of the subject-matters may request that 
the contents of such a contract or agreement is stipulated by a court;
8) the court at stipulating the 
contents of the contract or agreement shall take in to consideration the type of administered subject- IP/N/1/SVK/C/2 
 Page 43 
 
 
  matter, the manner and extent of its use, time dur ing which the administered subject-matter will be 
used and conditions pursuant to S. 81 par. 1 letter h).   
(2) The collective management organization, the user or the legal entity associating the users 
may file an action pursuant to par. 1 also in case if the right to use the administered subject-matters 
continues but one party was submitted a legal act directed  at the termination of this right; if a contract 
concluded for a limited period of time is concerned,  the suit may be filed within the time period from 
the first day of the month proceeding the month in wh ich the validity of this contract shall expire, up 
to the moment on which arises the right to  use the administered subject-matters.  
 
(3) The right to use the administered subject-mat ters for remuneration pursuant to par. 5 shall 
arise to the user, if he files an action pursuant to pa r. 1 at the latest within the time period of 60 days 
from ( the moment ) on which the right to use the administered  subject-matters has expired or on which 
he commenced to use the administered subject-matters, and if he proves 
 
a) the collective management organization, within  this time period, the creation of a bank guarantee
11) 
for the fulfilment of the user's obligation at th e latest in the amount calculated according to the 
remuneration for the use of subject-matters for 12 months  specified in the suit pursuant to par. 1, or  
 b) the collective management organization to deposit  funds on a regular basis, at least once in three 
calendar months in the amount of remuneration for the use of the administered subject-matters as 
specified in the suit pursuant to par. 1 with a notar y or to his own account determined exclusively for 
this purpose.  
 (4) The right to use the administered subject-mat ters pursuant to par. 3 shall terminate on the 
day on which the judicial decision regarding the suit  pursuant to par. 1 becomes valid; if right to use 
the administered subject-matters has arisen earlier to the user, the right pursuant to par. 3 shall 
terminate at that moment.   
(5) The collective management organization sha ll agree with the user, the remuneration for 
the use of administered subject-matters pursuant to par. 3 after the termination of right to use the administered subject-matters pursuant to par. 4.  If the collective management organization and the 
user fail to agree on remuneration according to the first sentence, the remuneration will be set by a 
court on the proposal of one party; the court at se tting the remuneration shall take into consideration 
the type of administered subject-matter, the ma nner and extent of its use, time during which the 
administered subject-matter will be used and conditions pursuant to S. 81 par. 1 letter h).   
(6) If the action pursuant to par. 1 is filed by  the collective management organization or a 
legal entity associating the users within the period pu rsuant to par. 3, the condition pursuant to par. 3 
regulating the filling of an action shall be deemed to have been fulfilled by the user. The amount of 
the bank guarantee pursuant to par. 3 letter a) or the amount of funds deposite d on account pursuant to 
par. 3 letter b) may also be calculated by the user so that the basis shall form the remuneration and the 
terms and conditions of the last valid contract by  which the collective management organization has 
granted its approval for the use of administered subject-matters.  
 
(7) If any rights pursuant to S. 78 par. 3 are not regulated by any collective management 
organization in the Slovak Republic, a right to use th ese subject-matters shall be created in favour of 
the user if the user has been establishing a fund for the payment of remuneration for their use; the user 
is not obliged to create a reserve fund for the payment of remuneration for the use of subject-matters 
that were used at least three years ago. Pr ovisions of par. 5 shall apply accordingly.  
 (8) If a user becomes entitled to u se the subject-matters pursuant to par. 3 or par. 7, documents 
proving the fulfilment of conditions stipulated in these provisions are other documents proving the IP/N/1/SVK/C/2 
Page 44  
 
  conclusion of a contract with the collective mana gement organization, which must be submitted ( by 
the user ) or by which he shall prove the fulfilment of  obligations pursuant to special provision.
12)  
 
Section 83  
 
Supervision by the Ministry  
 
(1) The Ministry is performing the supervis ion over the execution of collective rights 
management by verifying the fulfilment of obliga tions by the collective management organization at 
the execution of collective management, and also  over obtaining and analysing information and 
background records connected with the execution of collective management.  
 
(2) The Ministry, at performing the supervis ion pursuant to par. 1, shall be entitled  
 
a) to request information, documents or other background records necessary for the proper carrying 
out of supervision from the collective management  organization, and also from other persons who 
disposes or who could dispose with such  information or background papers;  
 b) to ascertain whether the collective management or ganization is fulfilling its obligations pursuant to 
S. 81 par. 1 to 3;   
c) to fix a suitable period of time for the rectifica tion of found faults to the collective management 
organization;   d) to impose a fine;   
e) to withdraw authorization.  
 
(3) The collective management organization or ot her person is obliged to provide the Ministry 
true and complete information or background papers  and co-operation, namely in the extent necessary 
for the performance of supervision pursuant to par.  1 and within the time period stipulated by the 
Ministry.  
 
(4) If the collective management organization or  other person fails to fulfil obligations 
pursuant to par. 3, the Ministry may impose a procedural fine up to EUR 1 659, namely also repeatedly.   
(5) If the Ministry ascertains that the collective management organization has violated any of 
its obligations pursuant to S. 81 par. 1 to 3, the Ministry will impose a fine to the above up to EUR 16 596.   
(6) If the Ministry ascertains that the collective management organization or other person has 
been carrying out the collective management without authorisation, the Ministry will impose a fine to 
the above from EUR 165 to EUR 33 193.  
 
(7) The Ministry will withdraw the authorisation, if   
a) the authorization was granted on the basis of false data;  
 
b) the collective management organization ceased to fulfil the conditions for granting of authorization 
and it did not remedy the matter within an adequate period of time stipulated by the Ministry, or it is 
not possible to remedy the matter; or    IP/N/1/SVK/C/2 
 Page 45 
 
 
  c) the collective management organization has so applied.  
 
(8) The Ministry may withdraw the authorisation also if the collective management 
organization has seriously and repeatedly violated obligations pursuant to par. 3 or any obligation 
pursuant to S. 81 par. 1 to 3.  
 
(9) Authorisation withdrawn pursuant to par. 7 le tter a) or b) or par. 8 shall terminate on the 
day stipulated in the decision on withdrawal of authorization, however at the latest on the day on which the decision becomes valid. Authorization wit hdrawn pursuant to par. 7 letter c) shall cease on 
the last day of the calendar month in which elap ses a six-month period from the day on which the 
application was submitted to the Ministry, howe ver not before the day on which the decision 
regarding withdrawal of authorization comes into force.   
(10) Provision of S. 80 par. 6 shall reasonably be applied to  proceedings on withdrawal of 
authorization pursuant to par. 7 letter c).  
 
(11) The Proceedings on imposition of a penalty may be commenced within one year from the 
day on which the Ministry has learned about the vi olation of obligations imposed by this Act. At 
determining the fine amount, the Ministry will take into consideration the gravity and consequences of 
the violation of obligations.   
(12) By imposing a fine, the obligations for the violation which the fine was imposed shall not 
be forfeited.  
 (13) The fine imposed by the Ministry is due within 30 days from the day on which the 
decision, by which the fine was imposed, comes into force. Fine revenues are the state budget income.  
 
Section 84  
 
Rights and obligations of the user  
 
If the user fails to prove that the rights holder has explicitly excluded the collective 
management of his rights, and if authorization pur suant to S. 80 was granted in the area of use of 
subject-matters, the user is obliged to fulfil his ob ligations resulting from the use of the subject-matter 
by means of the collective management organizati on that was granted authorization to collective 
management in the specified area of use of subject-matters.  
 
Section 85  
 
Financial management and assets of collective management organization  
 
(1) Costs connected with the execution of collec tive administration shall, after agreement with 
the represented rights holders, be paid by a deduc tion from selected remuneration, membership fees 
and other income.  
 
(2) The manner of handling with property is re gulated by statutes of collective management 
organization and special regulations.   
(3) After dissolution of a collective management  organization or after the withdrawal of 
authorization, the property settleme nt shall be carried out in accord ance with special regulations.  
  IP/N/1/SVK/C/2 
Page 46  
 
  PART SIX  
 
COMMON, TRANSITORY AND FINAL PROVISIONS  
 
Section 86  
 
Common provisions  
 
(1) Rights recognized to citizens of the Slovak Re public pursuant to this Act shall also apply 
to citizens of other member states or EEA states.  
 
(2) Rights recognized pursuant to this Act to a producer of phonograms, audiovisual 
recording producer, broadcaster, publisher of a work  not released before or maker of a database 
having his registered office in the territory of the Slovak Republic shall also apply to a producer of phonograms, audiovisual recording producer, broadcast er, publisher of a work not released before or 
maker of a database having his registered office in the territory of a member state or EEA state.  
 
(3) The protection of rights pursuant to this Act shall also apply to an subject-matter of which 
the country of origin is another member state or EEA state.   
(4) The general provision on administrative proceedings
13) 
shall apply to proceedings pursuant 
to S. 80 and 83, if not stipulated otherwise by this Act.  
 
Heading cancelled as from 1 March 2007  
 
Section 87  
 
(1) Term of economic rights of an author, performing artist, producer of phonograms and 
broadcaster are governed by this Act also if this period commenced prior the validity of this Act.  
 
(2) Provisions of this Act shall also regulate le gal relations arisen prior the validity of this 
Act; the establishment of these legal relations includi ng claims arisen therefrom prior the validity of 
this Act, however shall be considered according to the hitherto provisions.  
 
(3) Authorisations to carry out the collective ma nagement granted in accordance with hitherto 
provisions are deemed to be authorisations to ca rry out the collective management pursuant to this 
Act. The Ministry shall harmonise the contents and scope of these authorisations with this Act and 
shall grant the relevant persons authorisations pur suant to this Act within 90 days from the day on 
which this Act comes into force.   
(4) A proceeding commenced prior the validity of  this Act shall be governed by hitherto 
provisions.  
 
(5) The precondition governing the filing an action pur suant to S. 82 par. 4 shall be deemed to 
have been fulfilled, if the user filed an action pur suant to S. 82 par. 1 within 60 days from the day on 
which this Act took effect.  
 
Section 87a 
 
(1) Legal relations arisen prior 1 March 2007 shall also be regulated by provisions of this Act; 
commencement of these legal relations including clai ms arisen therefrom and rights resulting from the  IP/N/1/SVK/C/2 
 Page 47 
 
 
  responsibility for violation of contracts concluded prior 1 March 2007 shall be assessed according to 
legal regulations in force to 1 March 2007.   
(2) Term of economic rights of a producer of phonograms to the phonogram and the 
audiovisual recording producer to audiovisual r ecording that have not passed as of 1 March 2007, 
shall be governed by this Act also if the period commenced prior 1 March 2007. Provisions of S. 64 
par. 5 and S. 70 of this Act shall also apply to  the term of economic rights of a producer of 
phonograms to the phonogram if this term has expi red prior 1 March 2007; rights arisen from the use 
of such a phonogram prior 1 March 2007 shall remain free from prejudice. Provisions of S. 66 par. 5 and S. 70 of this Act shall also apply to the te rm of economic rights of an audiovisual recording 
producer to the audiovisual recording if this term  has expired prior 1 March 2007; rights arisen from 
the use of such an audiovisual recording prio r 1 March 2007 shall remain free from prejudice.  
 
(3) Administrative proceedings not rightfully cl osed with a final judgment prior this Act came 
into force shall be closed in  accordance with the legal regula tions effective 1 March 2007.  
 
(4) If the user becomes entitled to use the subj ect-matter pursuant to S. 82 par. 7 prior 
1 March 2007, this right shall terminate on 1 March 2007 in the scope which is not in accordance with 
these provisions, in the wording in force from 1 Marc h 2007; the above shall not prejudice the user's 
obligation related to the reserve fund for the paymen t of remuneration for use of the subject-matter.  
 
(5) If the collective management organization has been carrying out the collective rights 
management regarding adequate re muneration in a different area as it is the area pursuant to S. 78 
par. 4 letter i) as of 1 March 2007, it is obliged to apply for authorisation to carry out the collective 
rights management in accordance with this Act to the Ministry, namely not later than 30 March 2007, otherwise the authorisation to carry out the co llective rights management shall terminate; the 
performance of collective rights management which the collective management organization has been 
carrying out pursuant to hitherto provisions shall be deemed to be legiti mate, namely up to the 
moment of lawful resolution of the Ministry in the matter.   
Section 87b 
 
The administrative proceedings initiated before 1 Ja nuary 2009 shall be finished in accordance with 
this act so that the amount of the fine expressed in  Slovak crowns will be c onverted by the conversion 
rate
14) and it shall be rounded to EUR down.  
 
Section 88 
 
By this Act, legal deeds of the European Comm unity specified in the supplement are adopted.  
 
Section 89 
 
Deleted:  
 
1. Act No. 383/1997 Coll. Copyright Act and the act amending and completing the Customs 
Tariff Act, as amended and as ame nded by Act No. 234/2000 Coll.  
2. Act No. 283/1997 Coll. on Collective Rights Management pursuant to Copyright Act and 
on amendment to and completion of some acts as amended by Act No. 234/2000 Coll.  
 IP/N/1/SVK/C/2 
Page 48  
 
  Section 90  
 
Effect  
 
This Act takes effect on 1 January 2004.  
Act No. 84/2007 Coll. took effect on 1 March 2007.  
Act No. 220/2007 Coll. takes effect on 31 May 2007.  Act No. 453/2008 Coll. takes effect on 1 January 2009.  
 
Rudolf Schuster v.r.  
 
Pavol Hrušovský v.r.  
 
Mikuláš Dzurinda v.r.   IP/N/1/SVK/C/2 
 Page 49 
 
 
  SUPPLEMENTS  
 
LIST OF ADOPTED LEGAL ACTS OF THE EUROPEAN COMMUNITY AND THE 
EUROPEAN UNION  
 
 
1. Council Directive 91/250/EC dated 14 May 1991 on the legal protection of computer 
programs (Special edition OJ of the European Uni on, Chapter 17/Volume 1, Official Journal L 122, 
17.5.1991) as amended by Directive 93/98/EC (Special edition OJ of the European Union, 
Chapter 17/ Volume 1, Official Journal L 290, 24 November 1993). 
 
2. Council Directive 92/100/EEC dated 19 November 1992 on rental right and lending right and 
on certain rights related to copyright in the field of intellectual property (Special edition OJ of the 
European Union, Chapter 17/ Volume 1, Official Journal L 346, 27 November 1992). 
 
3. Council Directive 93/83/EEC dated 27 September 1993 on the coordination of certain rules 
concerning copyright and rights rela ted to copyright applicable to  satellite broadcasting and cable 
retransmission (Special edition OJ of the European  Union, Chapter 17/ Volume 1, Official Journal 
L 248, 6 October 1993). 
 
4. Council Directive 93/98/EEC dated 29 October 1993  harmonizing the term of protection of 
copyright and certain related rights (Special edition OJ  of the European Union, Chapter 17/ Volume 1, 
Official Journal L 290, 24 November 1993) as ame nded by 2001/29/ES of the European Parliament 
and of the Council (Special edition OJ of the European  Union, Chapter 17/ Volu me 1, Official Journal 
L 167, 22 June 2001).  
 5. Directive 96/9/EC of the European Parliament  and of the Council dated 11 March 1996 on the 
legal protection of databases (Special edition OJ of  the European Union, Chapter 13/ Volume 15, 
Official Journal L 77, 27 March 1996).   
6. Directive 2001/29/EC of the European Parliament  and of the Council dated 22 May 2001 on 
the harmonisation of certain aspects of copyright and related rights in the information society (Special 
edition OJ of the European Union, Chapter 17/ Volume 1, Official Journal L 167, 22 June 2001).   7. Directive 2001/84/EC of the European Parliament and of the Council dated 
27 September 2001 on the resale right for the benefit of the author of an original work of art (Special 
edition OJ of the European Union, Chapter 17/ Volume 1, Official Journal L 272, 13 October 2001).   8. Directive 2004/48/EC of the European Parliame nt and of the Council dated 29 April 2004 on 
the enforcement of intellectual property rights (Speci al edition OJ of the Euro pean Union, Chapter 17/ 
Volume 2, Official Journal L 157, 30 April 2004).  IP/N/1/SVK/C/2 
Page 50  
 
  ________________ 
 1) S. 56 of Act No. 220/2007 Coll. Digital Broadc asting of Programme Serv ices and on Provision of 
other Content Services Through Digital Communicati on and on Amendments to Certain Acts (Act on 
Digital Broadcasting).  
 
1a) S. 2 par. 8 of Act of the National Council of  the Slovak Republic No. 215/1995 Coll. on Geodesy 
and Cartography.   2) S. 116 of the Civil Code.  
 
3) S. 3 par. 1 and S. 4 of Act No. 183/2000 Coll.  on libraries, on the amendment to Act No. 27/1987 
Coll. of the Slovak National Council on the pr eservation of historical monuments and on the 
amendment to Act No. 68/1997 Coll. on the League for the Advancement of the Slovak Nation.   
4) S. 4 of Act No. 395/2002 Coll. on Archives and Registries and on the Amendment to certain Acts.  
 5) S. 1 par. 2 letter c) of Ac t of the National Council of the Slovak Republic No. 96/1991 Coll. on 
Public Cultural Events.   6) S. 631 to 643 of the Civil Code.  
 
7) S. 50 of the Civil Code.   8) S. 161 par. 3 of the Rules of Civil Procedure.   
9) Article 3 of the Convention on Internati onal Recording of Audio-Visual Works (report 
No. 365/1992 Coll.).   9a) For example S. 24 par. 1 letter k) and S. 31 par.  2 letter l) of Act of th e National Council of the 
Slovak Republic No. 138/1992 Coll. on Authorised Architects and Authorised Civil Engineers, as amended by the National Counc il of the Slovak Republic.  
 
9b) the Civil Code.   10) For example Act No. 83/1990 Coll. on Association of Citizens, as amended.   
11) S. 313 of the Commercial Code.  
 12) S. 16 letter f), S. 17 par. 1 letter c), S. 46 par.  2 letter d), S. 57 par. 2 letter d) of Act No. 308/2000 
Coll. on Broadcasting and Retransmission and on the amendment to Act No. 195/2000 Coll. on Telecommunication, as amended.   
13) Act No. 71/1967 Coll. on Administrative Proceedings  (the Rules of Civil Procedure), as amended.  
 14) S. 1 par. 2 letter c) of Act No. 659/2007 Coll. on establishment of EURO currency in the Slovak 
Republic and on amendment and su pplementing of some acts.  
 
__________