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Slovakia adopts entirely new Copyright Act and implements CRM Directive

Submitted by jboyd on Tue, 05/17/2016 - 11:21

At the beginning of 2016, Slovakia adopted a new Copyright Act, replacing the previous one and containing a number of changes, in line with the EU InfoSoc Directive from 2001 as well as with recent case-law of the Court of Justice of the European Union (CJEU). Through this new Act, Slovakia has also implemented the EU Collective Rights Management (CRM) Directive adopted in 2014.

The list of exceptions and limitations has been reviewed, including amendments for those applying to the education and libraries, and exceptions for reprographic and private copying (Articles 5.2.a and 5.2.b of the EU InfoSoc Directive), which have been maintained. For the reprography part, as set out under Paragraph 43 and in the Annex to the Act, printers, scanners, faxes, multifunctional devices, copiers, e-readers and other devices will be levied, with a rate set at 3% of the import price/selling price of the device. In addition, an operator fee amounting to 3% of the overall turnover will have to be paid by commercial entities offering reprographic reproduction of works to users against payment.

Finally, Paragraphs 78 to 80 include an Extended Collective Licence, which can be signed by CMOs representing the most substantial number of rightholders with users, allowing different types of uses listed under Paragraph 80, including the reproduction, making available and distribution of copies of out-of-commerce works (paragraph 80 (b)).

Find here the original version of the Act (in Slovak) and here and here an analysis of the Act by the Kluwer Copyright Blog (in English).