Slovenia

Legal background

Scope and duration of copyright

Does copyright end immediately after the minimum period mandated by the Berne Convention? No
Generally, copyright runs for the life of the author and for 70 years after his death. Copyright in anonymous and pseudonymous works runs for 70 years after the lawful disclosure of the work, which is also valid in case of collective works. When the term of protection does not run from the death of the author or authors, and the work was not lawfully disclosed within 70 years from its creation, the copyright terminates with the expiration of the 70-year term, counted from the creation of the work.
Arts. 59, 61, 62 and 63 CRRA
Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders? No
Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech? No
Can databases of non-original material be reproduced without infringing a copyright or sui generis database right? No
Pursuant to a sui-generis database right, the protection of a database or its contents applies irrespective of their protection by copyright or by other rights.
Art. 141.a CRRA
Are rights holders prohibited from excluding user rights under copyright law? No
Is computer software excluded from the scope of patentable subject matter? Yes

Freedoms to access and use

By Home UsersIs there any general user right that is based on a set of balancing criteria, such as a "fair use" right? In part
Limitations on copyright are permissible only in cases, expressly listed in the CRRA. However, use in accordance with these limitations is premissible only provided that the extent of such exploitation of copyright works is limited by the intended purpose, is compatible with fair practice, does not conflict with normal use of the work, and does not unreasonably prejudice the legitimate interests of the author.
Art. 46 CRRA
Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)? Yes
A natural person is free to reproduce works on paper or any similar medium by the use of a photographic technique or by some other process having similar effects and on any other medium (which presents format shifting) if this is done for private use, if the copies are not available to the public, and if this is not done for direct or indirect economic advantage. Publicly accessible archives and libraries, museums and educational or scientific establishments are free to reproduce, on any medium (which again presents format shifting), works from their own copies for internal use, provided that this is not done for direct or indirect economic advantage. However, reproduction is not permitted with respect to written works to the extent of the whole book, graphic editions of musical works, electronic databases and computer programs, and in the form of building of architectural structures, unless otherwise provided by the CRRA or by contract. Notwithstanding, it is permissible, to reproduce a written work to the extent of the whole book, if such work is out of print for a minimum of two years and to reproduce a graphic edition of musical work by means of handwritten transcription. In any case, the reproduction of a disclosed work is free only if it is made in no more than three copies.
Art. 50 CRRA
Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes? Yes
The explanation is equal to the one regarding the previous question. A natural person is free to reproduce works on paper or any similar medium by the use of a photographic technique or by some other process having similar effects and on any other medium if this is done for private use, if the copies are not available to the public, and if this is not done for direct or indirect economic advantage. Publicly accessible archives and libraries, museums and educational or scientific establishments are free to reproduce, on any medium, works from their own copies for internal use, provided that this is not done for direct or indirect economic advantage. However, reproduction is not permitted with respect to written works to the extent of the whole book, graphic editions of musical works, electronic databases and computer programs, and in the form of building of architectural structures, unless otherwise provided by the CRRA or by contract. Notwithstanding, it is permissible, to reproduce a written work to the extent of the whole book, if such work is out of print for a minimum of two years and to reproduce a graphic edition of musical work by means of handwritten transcription. In any case, the reproduction of a disclosed work is free only if it is made in no more than three copies.
Art. 50 CRRA
Can works be communicated to a limited public (for example, family and friends) without infringing copyright? Yes
Permission is needed only for communication of works to the public. Pursuant to the CRRA, the term "public" means a larger number of persons that are outside the usual circle of a family or the circle of personal acquaintances. Therefore, to communicate the work to family or friends no permission is needed.
Art. 2 CRRA
For EducationMay students copy works for private research or study? In part
Such reproduction is allowed only to the extent of the above-mentioned Art. 50 CRRA which governs private reproduction.
Art. 50 CRRA
Does any such research and study provision cover distance and online education? Yes
Without the assignment of a respective economic right, but on payment of equitable remuneration, it is lawful to reproduce in readers and textbooks intended for teaching, parts of works, as well as single works of photography, fine arts, architecture, applied art, industrial design and cartography, provided these are already disclosed works of a number of authors. These provisions apply accordingly to public communication of the mentioned works, which can, pursuant to a suitable interpretation, enable distance and online education.
Art. 47 CRRA
May translations of works be made for educational purposes? No
May educators copy works for use in the classroom? No
The only limitation regarding reproduction for educational purposes is the abovementioned limitation allowing for the reproduction of works of a number of authors in readers and workbooks.
OnlineAre temporary or transient copies, incidental to a lawful use, excepted from copyright? Yes
Temporary acts of reproduction which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable a lawful use of a work, and which have no independent economic significance, are free.
Art. 49a CRRA
Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network? Yes
If the information service relates to transfer of data in a communication network, where data is provided by a user, or to enabling access to the communication network, the ISP is not responsible for the communicated data, if it does not trigger the transfer of data, if it does not choose the recipient of data and if it does not select or change the data that will be transferred. All these conditions have to be satisfied simultaneously.
Art. 9 ECMA
Is Internet access free of ISP filtering or monitoring for potential copyright-infringements? Yes
ISPs are not obliged to monitor or store the data they send or store and are not obliged to actively investigate the circumstances that indicate possible copyright infringements.
Art. 8(3) ECMA
By content creatorsIs there any protection for consumers who non-commercially remix or mash up copyright works? In part
Transformation of a disclosed work is permissible if it is a private or other internal transformation, which is not intended for, and not available to the public.
Art. 53 CRRA
May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software? Yes
Reproduction of the code and translation of its form does not require the authorization of the author, where such reproduction or translation is indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, or with hardware, provided that certain conditions are met. The mentioned acts have to be performed by the licensee or by another authorized user, or on their behalf, by a person authorized to do so, the information necessary to achieve interoperability must not be previously readily available to the persons referred to in foregoing item and the mentioned acts must not be confined only to those parts of the pre-existing program which are necessary to achieve interoperability. Additionally, the information obtained through such activity must not be used for goals other than to achieve the interoperability of the independently created computer program, it must not be given to others, except when necessary for the interoperability of the independently created computer program, and it must not be used for the development, production or marketing of another computer program substantially similar in its expression, or for any other act that infringes copyright. Contrary contractual provisions are null and void.
Art. 115 CRRA
Is the incidental inclusion of a work in other material permitted? In part
Such disclosed works that may be regarded as accessory works of secondary importance with regard to the actual purpose of some material object, may be used freely while exploiting such object. Additionally, works permanently placed in parks, streets, squares, or other generally accessible premises may be used freely. Further, in order to have free access to information of public nature it is free to reproduce works, which are capable of being seen or heard as a part of a current event that is being reported on.
Arts. 55, 52 and 48 CRRA
Is there are copyright exception for parody or satire? Yes
Transformation of a disclosed work where the work is transformed into a parody or caricature is permissible, provided this does not, or is not likely to, create confusion as to the source of the work.
Art. 53 CRRA
By the pressIs there a copyright exception for the news of the day? Yes
In order to have free access to information of public nature it is free to reproduce works, which are capable of being seen or heard as a part of a current event that is being reported on; to prepare and reproduce abstracts of published newspaper and similar articles in the form of press reviews; to reproduce public political speeches and public speeches made at hearings before state, religious or similar bodies and to use the news of the day, which have the nature of a press release. These provisions also apply to public communications of the mentioned works. The source and authorship of the work must be indicated, if the latter is indicated on the work used.
Art. 48 CRRA
May copyright material be reproduced for the purposes of review and criticism? No
May quotations be used for any purpose? No
Quotation is allowed only if it is necessary for the purpose of illustration, argumentation or referral. Additionally, quotations are allowed to be made only of parts of a disclosed work and of single disclosed photographs, works of fine arts, architecture, applied art, industrial design and cartography.
Art. 51 CRRA
By LibrariesMay libraries copy works if they cannot reasonably be obtained commercially? In part
Publicly accessible libraries are free to reproduce, on any medium, works from their own copies for internal use, provided that this is not done for direct or indirect economic advantage. Such reproduction is not permitted with respect to written works to the extent of the whole book, graphic editions of musical works, electronic databases and computer programs, and in the form of building of architectural structures. Notwithstanding, it is permissible to reproduce a written work to the extent of the whole book, if such work is out of print for a minimum of two years. Additionally, depository libraries may in the case of loss or damage reproduce the legal deposit copy of a publication that is stored by another depository library, if the publication is not commercially available for more than two years and if this is needed for the purpose of preservation and availability. Use of such copies is allowed only on the premises of the respective depository library.
Art. 50(3) CRRA, Art. 20(1) LDA
May librarians copy works for users for the purpose of research or study? No
Reproduction of works is allowed only for internal use and for the purpose of preservation and availability.
Are libraries allowed to make preservation or archive copies of materials in their collections? Yes
Publicly accessible libraries are free to reproduce, on any medium, works from their own copies for internal use, provided that this is not done for direct or indirect economic advantage. Such reproduction is not permitted with respect to written works to the extent of the whole book, graphic editions of musical works, electronic databases and computer programs, and in the form of building of architectural structures. Notwithstanding, it is permissible to reproduce a written work to the extent of the whole book, if such work is out of print for a minimum of two years. Additionally, depository libraries may in the case of loss or damage reproduce the legal deposit copy of a publication that is stored by another depository library, if the publication is not commercially available for more than two years and if this is needed for the purpose of preservation and availability. Use of such copies is allowed only on the premises of the respective depository library. Furthermore, depository libraries are allowed to technically alter their legal deposit copies and convert them in other formats, if this is needed for the purpose of preservation or availability.
Art. 50(3) CRRA, Art. 20 LDA
Can lending libraries operate without incurring public lending rights fees to copyright owners? No
Public lending right is the right to equitable remuneration according to Libraries Act (Official Gazette of the RS No 87/01), when the original or a copy of a work is made available for use, for a limited period of time, without direct or indirect economic advantage, and if done through organisations performing such activity as public service. The right to equitable remuneration shall not apply to the use of originals or copies of library material in the national library, school and academic libraries and special libraries.
Art. 36(1)(2) CRRA
By disabled usersIs it permissible to copy or adapt work for the use of those with disabilities? Yes
Without the assignment of a respective economic right, but on payment of equitable remuneration, it is lawful to reproduce or distribute works for the benefit of people with a disability, provided that the work used is not available in the desired form, that the use is directly related to the disability and limited to its extent and is not for direct or indirect economic advantage.
Art. 47a CRRA
In public affairsAre laws excluded from copyright? Yes
Official legislative texts are not protected by copyright.
Art. 9 CRRA
Are other governmental works either excluded from copyright, or routinely shared under permissive licences? In part
In addition to official legislative texts, official administrative and judicial texts are also not protected by copyright.
Art. 9 CRRA
Are the results of publicly funded research required to be published under an open access licence? No

Freedoms to share and transfer

Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used? No
In Slovenian copyright legislation, copyright is a unified right, consisting of economic and moral rights. Moral rights are not transferrable nor relinquishable and works can therefore not be released to public domain before the copyright term expires.
Can public domain works be used without the need for any payment or registration of the use? Yes
Does the law make special provision for the legal use of orphaned works? No
Is parallel importation of copyright works permitted? In part
EU legislation applies. Parallel importation is permitted in relation to other EU member states, but not in relation to third countries.
Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources? No
Are there national programmes or policies that specify or promote the use of open document formats? No

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual? There is no maximum, only minimum penalty Art. 184 CRRA
What is the maximum penalty for copyright infringement for a corporation? There is no maximum, only minimum penalty Art. 185 CRRA
Is innocent infringement of IP treated differently by the law? In part
The right holder may claim the payment of agreed or customary royalty or remuneration for infringing use, increased by up to 200 %, irrespective of whether he suffered actual pecuniary damage because of such infringement, if the right was infringed intentionally or by gross negligence. Therefore, in case of innocent infringement, the right holder cannot claim the punitive part of the damages.
Art. 168 CRRA
Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes? In part
Creation or distribution of devices that can circumvent technological protection measures is not deemed and infringement if it is carried out in certain special cases of performance of tasks relating to public security, or in order to ensure the correct execution of any official proceedings, such as proceedings in the National Assembly or National Council of the Republic of Slovenia, or judicial, administrative or arbitrary proceedings.
Art. 166a CRRA
Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights? No
Users cannot use such devices, however, the right holder who uses technological measures has to make available to the persons having legal access to the subject matter of rights, at their request and without delay, appropriate means on the basis of which they can enforce the limitations to copyright and related rights.
Art. 166c CRRA
Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers? Yes
In the case of use of technological measures, the right holder or importer is bound to put a clearly visible marking on each copy of a copyright work or subject matter of related rights manufactured or imported for commercial purposes, indicating information concerning the technological measure and its effects, and his firm and address in order to ensure that users are able to claim appropriate means on the basis of which they can enforce the limitations to copyright and related rights.
Art. 166b CRRA
Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds? No
Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court? No
There is no case law yet in this area.
Are criminal sanctions limited to cases of large-scale commercial counterfeiting? No
Criminal sanctions pursuant to the copyright legislation may be imposed for any copyright infringement. Additionally, for example, even mere possession of a copy of a computer program for commercial purposes, knowing or having reason to believe that it is an infringing copy, presents a basis for criminal sactions.
Art 184 CRRA
Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award? No
Generally, for infringements of copyright and related rights, general rules governing causation of damage are applicable. The infringer has to pay to the right holder damages in the amount to be defined under general rules on compensation for damage, or in the amount which is equal to agreed or customary royalty or remuneration for legitimate use of such kind. Speciality of the Slovenian copyright system is that if a right was infringed intentionally or by gross negligence, the right holder may claim the payment of agreed or customary royalty or remuneration for such use, increased by up to 200 %, irrespective of whether he suffered actual pecuniary damage because of such infringement. When deciding on the claim for the award of punitive damages and setting of their amount, the court shall take into account all circumstances of the case, and in particular, the degree of culpability of the infringer, the amount of agreed or customary remuneration, and the achievement of a general preventive purpose sought by the award of punitive damages.
Art. 168 CRRA
Is there provision to penalise the wrongful allegation of copyright infringement? No
Is there provision to penalise the obstruction of consumers' exercise of user rights? In part
If in the case the right holder uses technological protective measures and fails to secure the means on the basis of which users can enforce the limitations to copyright and related rights, the persons concerned may request a mediation in the dispute.
Art. 166c CRRA
Does the patent system allow for pre-grant opposition? No
There are no pre-grant or post-grant opposition proceedings comparable for example to the oppositions before the EPO. The remedy available is an invalidity action before the court.

Recent or upcoming changes

Summary of position

Although Slovenia's copyright law is in line with the EU copyright aquis, there are some provisions that are unusually favourable for access to knowledge. For example, up to three copies of any work may be made for private use. This also includes the reproduction in its entirity of any book that has been out of print for two years. Moreover, a copyright holder who uses digital locks that would prevent a consumer from exercising their user rights, is required to provide the consumer with the means to exercise those rights.

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