   Disclaimer: All of the translations contained on this website are unofficial. Only the original 
Slovenian texts of the laws and regulations have legal effect, and the translations are to be 
used solely as reference materials to aid in the understanding of Slovenian laws and 
regulations. The Government of the Republic of Slovenia is not responsible for the accuracy, 
reliability or currency of the translations provided on this website, or for any consequence 
resulting from the use of informat ion on this website. For all purposes of interpreting and 
applying law to any legal issue or dispute, users should consult the original Slovenian texts 
published in the Official Gazette of the Republic of Slovenia.  
The unofficial consolidated version of th e Copyright and Related Rights Act 
comprises:  
- Copyright and Related Rights Act (Official Gazette of the Republic of Slovenia [ Uradni 
list RS ], No. 21/95 of 14 April 1995),  
- Act Amending the Copyright and Related Rights Act – ZASP -A (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 9/01 of 9 February 2001),  
- Act Regulating Customs Measures Relating to Infringements of Intellectual Property 
Rights – ZCUKPIL (Official Gazette of the Republic of Slovenia [ Uradni list RS ], No. 
30/01 of 26 April 2 001),  
- Act Amending the Copyright and Related Rights Act – ZASP -B (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 43/04 of 26 April 2004),  
- Copyright and Related Rights Act – official consolidated version – ZASP -UPB1 (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 94/04 of 26 August 2004),  
- Act Amending the Copyright and Related Rights Act – ZASP -C (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 17/06 of 17 February 2006),  
- Copyright and Related Rights  Act – official consolidated version – ZASP -UPB2 (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 44/06 of 25 April 2006),  
- Euro Adoption Act – ZUE (Official Gazette of the Republic of Slovenia [ Uradni list RS ], 
No. 114/06 of 9 November 2 006),  
- Act Amending the Copyright and Related Rights Act – ZASP -D (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 139/06 of 29 December 2006),  
- Copyright and Related Rights Act – official consolidated version – ZASP -UPB3 (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 16/07 of 23 February 2007),  
- Act Amending the Copyright and Related Rights Act – ZASP -E (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 68/08 of 8 July 2008),  
- Act Amendi ng the Copyright and Related Rights Act – ZASP -F (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 110/13 of 27 December 2013),  
- Act Amending the Copyright and Related Rights Act – ZASP -G (Official Gazette of the 
Republic of Slovenia [ Urad ni list RS ], No. 56/15 of 29 July 2015),  
- Collective Management of Copyright and Related Rights Act – ZKUASP (Official Gazette 
of the Republic of Slovenia [ Uradni list RS ], No. 63/16 of 7 October 2016) , 
- Act Amending the Copyright and Related Rights Act – ZASP-H (Official Gazette of the 
Republic of Slovenia [ Uradni list RS ], No. 59/19 of 4 October 2019) . 
T H E  C O P Y R I G H T  A N D  R E L A T ED  R I G H T S A C T  
 
(Unofficial consolidated version No. 1 3) 
Chapter One  GENERAL PROVISIONS  
Subject matter of the Act  
Article 1  
(1) This Act regulates:  
1. the right of authors with respect to their works of literature, science and art (copyright);  
2. the rights of performers, producers of phonograms, film producers, broadcasting 
organisations, publishers and makers of databases (related righ ts); 
3. (Ceased to be in force)  
(2) This Act shall transpose the following EU directives into the legislation of the 
Republic of Slovenia:  
- Council Directive 91/250/EEC of 14  May 1991 on the legal protection of computer 
programs (OJ L 122, 17.5.1991, p. 42), as last amended by Directive 2009/24/EC of the 
European Parliament and of the Council of 23 April 2009 on the legal protection of 
computer programs (OJ L 111, 5.5.2009, p.  16); 
- Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and 
on certain rights related to copyright in the field of intellectual property (OJ L 346, 
27.11.1992, p. 61), as last amended by Directive 2006/115/EC of the Europea n 
Parliament and of the Council of 12 December 2006 on rental right and lending right and 
on certain rights related to copyright in the field of intellectual property (OJ L 376, 
27.12.2006, p. 28);  
- Council Directive 93/83/EEC of 27 September 1993 on the co ordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite broadcasting 
and cable retransmission (OJ L 248, 6.10.1993, p. 15);  
- Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection o f 
copyright and certain related rights (OJ L 290, 24.11.1993, p. 9), as last amended by 
Directive 2011/77/EU of the European Parliament and of the Council of 27 September 
2011 amending Directive 2006/116/EC on the term of protection of copyright and certai n 
related rights (OJ L 265, 11.10.2011, p. 1);  
- Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on 
the legal protection of databases (OJ L 77, 27.3.1996, p. 20);  
- Directive 2001/29/EC of the European Parliament and of the Cou ncil of 22 May 2001 on 
the harmonisation of certain aspects of copyright and related rights in the information 
society (OJ L 167, 22.6.2001, p. 10);  
- Directive 2001/84/EC of the European Parliament and of the Council of 27 September 
2001 on the resale right  for the benefit of the author of an original work of art (OJ L 272, 
13.10.2001, p. 32);  
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on 
the enforcement of intellectual property rights (OJ L 195, 2.6.2004, p. 16);  
- Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 
on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5)  and 
- Directive 2017/1564 /EU of the European Parliament And of the Council of 13 September 
2017 on cert ain permitted uses of certain works and other subject matter protected by 
copyright and related rights for the benefit of persons who are blind, visually impaired or 
otherwise print -disabled and amending Directive 2001/29/EC on the harmonisation of 
certain  aspects of copyright and related rights in the information society (OJ L  242, 
20.9.2017, p. 6) . 
Public  Article 2  
The term "public" as used in this Act shall mean a larger number of persons 
outside the usual circle of a family or circle of personal acquaintances.  
Disclosure and publication  
Article 3  
(1) Disclosure as used in this Act shall mean that a copyright work or subject 
matter of a related right has been made available to the public with the consent of the right 
holder.  
(2) Publication as used in this Act shall mean that a sufficient quantity of already 
produced copies of a copyright work, or of a subject matter of a related right, has been 
offered to the public or put into circulation with the consent of the right holder.  
Relation between copyright and related rights  
Article 4  
(1) Protection of related rights under this Act shall leave intact and shall in no way 
affect the protection of copyright.  
(2) Provisions of this Act concerning elements of a copyright work, presumption  of  
authorship, co -authors, authors of compound works, contents of the economic and other 
rights of the author, relationship between copyright and ownership, limitations to copyright, 
term of copyright (beginning and effect of the running) and legal transa ctions involving 
copyright (Sections 1 and 2 of Chapter Three of this Act) shall apply, mutatis mutandis , to 
related rights, unless otherwise provided in Chapter Five of this Act.  
Chapter Two  
SUBSTANTIVE COPYRIGHT LAW  
Section 1  
COPYRIGHT WORKS  
Protected wo rks 
Article 5  
(1) Copyright works are individual intellectual creations in the fields of literature, 
science and the arts, which may be expressed in any mode, unless otherwise provided by 
this Act.  (2) The following works, in particular, shall be considere d as copyright works:  
1. spoken works such as speeches, sermons and lectures;  
2. written works such as belletristic works, articles, manuals, studies, and computer 
programs;  
3. musical works with or without words;  
4. theatrical or theatrical and musical works and pupp etry works;  
5. choreographic works and works of pantomime;  
6. photographic works and works produced by a process similar to photography;  
7. audiovisual works;  
8. works of fine art such as paintings, graphic works and sculptures;  
9. works of architecture such as sketches , plans, and built structures in the fields of 
architecture, urban planning and landscape architecture;  
10. works of applied art and industrial design;  
11. cartographic works;  
12. presentations of a scientific, educational or technical nature (technical drawings, plan s, 
sketches, tables, expert opinions, three -dimensional representations and other works of 
a similar nature).  
Elements of a copyright work  
Article 6  
(1) Drafts, component parts and titles of works, which are in themselves individual 
intellectual creations, shall enjoy the same protection as the work itself.  
(2) Notwithstanding the previous paragraph, it shall be prohibited to use for the title 
of a wor k such a title as has already been used for the same kind of work if said title creates 
or is likely to create confusion as to the source of the work.  
Transformation of copyright works  
Article 7  
(1) Translations, adaptations, arrangements, changes and other transformations of 
a pre -existing work or of other material, which are individual intellectual creations, shall be 
deemed independent works.  
(2) Rights of authors of pre -existing works may not be infringed by transformation 
referred to in the precedi ng paragraph.  
Collections  
Article 8  
(1) Collections of works or of other materials, such as encyclopaedias, 
anthologies, databases and collections of documents, which, by virtue of the selection, 
coordination or arrangement of their contents, are individua l intellectual creations, shall be 
deemed independent works.  (2) Rights of authors of pre -existing works shall not be infringed upon by the 
inclusion of such works in a collection; on the other hand, by virtue of its inclusion in a 
collection, pre -existing  material does not become a protected work.  
(3) Databases referred to in paragraph one of this Article shall be collections of 
independent works, data or other materials in any form, arranged in a systematic or 
methodical way and individually accessible by  electronic or other means.  
(4) Protection under this Article shall not apply to computer programs used in the 
making or operation of electronic databases.  
Non-protected creations  
Article 9  
(1) Copyright protection shall not be afforded to:  
1. ideas, principl es or discoveries;  
2. official legislative, administrative or judicial texts; or  
3. folk literary and artistic creations.  
(2) Translations of texts referred to in point 2 of the preceding paragraph shall 
enjoy copyright protection unless they are published as of ficial texts.  
Section  2 
AUTHOR  
Natural person  
Article 10  
An author is a natural person who has created a copyright work.  
Presumption of authorship  
Article 11  
(1) A person whose name, pseudonym or artist’s mark appears in the customary 
manner on the work itself, or is so indicated at the time of disclosure of the work, shall be 
deemed to be the author of the work until proved otherwise.  
(2) Where the author is not known pursuant to the previous paragraph, the person 
who published the work shall be dee med to be entitled to enforce copyright. If such a person 
is not indicated, the person who disclosed the work shall be so entitled.  
(3) The preceding paragraph shall cease to apply once the identity of the author 
becomes known. The entitled person referre d to in the preceding paragraph shall transfer the 
benefits derived from copyright to the author unless otherwise provided by contract.  Co-authors  
Article 12  
(1) If a copyright work created by the collaboration of two or more persons 
constitutes an insepar able whole, all co -authors of this work shall have joint copyright in it.  
(2) The right to decide on the use of such a work belongs jointly to all co -authors; 
this notwithstanding, individual co -authors may not obstruct such decisions, as this would be 
contrary to the principles of good faith and fairness.  
(3) Co -authors’ shares shall be determined in proportion to the extent of their 
respective contributions to the creation of the work unless they are set otherwise by contract.  
Authors of compound works  
Article 13  
The provisions of the preceding Article shall apply, mutatis mutandis , in cases 
where several authors combine their works for exploitation in common.  
Section  3 
COPYRIGHT  
Subsection 1  
GENERAL  
Origin of copyright  
Article 14  
Copyright shall belong to the author by virtue of the creation of the work.  
Content of copyright  
Article 15  
Copyright shall be an indivisible right to a work from which exclusive personal 
rights (moral rights), exclusive property rights (economic rights) and other rights of the author 
shall arise.  
Subsection 2  MORAL RIGHTS  
Contents  
Article 16  
Moral rights shall protect the author with respect to his intellectual and personal 
ties to the work.  
Right to the first disclosure  
Article 17  
The author shall have the exclusive right to decide whether, when and how his 
work is to be disclosed for the first time.  
Right to recognition of authorship  
Article 18  
(1) The author shall have the exclusive right to recognition of the authorship of his 
work.  
(2) The author may dec ide whether and how his authorship is to be indicated at 
the time of disclosure of his work.  
Right to the integrity of the work  
Article 19  
The author shall have the exclusive right to prohibit any distortion or any other 
tampering with his work, as well as  any use of his work, if such tampering or use might be 
prejudicial to his person.  
Right of withdrawal  
Article 20  
(1) The author shall have the exclusive right to revoke economic rights granted to 
a right -holder if he has serious moral reasons for this and  on condition that he first 
reimburses the right -holder for the damage caused by such revocation.  
(2) With the enforcement of the right of withdrawal, the economic rights of the 
right-holder shall expire.  (3) The author shall pay appropriate compensation t o the right -holder. The right -
holder shall inform the author of the extent of the damage incurred within three months of 
receipt of the notice of withdrawal. If the right -holder fails to do so, the right of withdrawal 
shall take effect on the expiry of thi s time limit.  
(4) If the author subsequently wishes to again transfer economic rights in his work 
within a period of ten years of enforcing his right of withdrawal, he shall first offer these rights 
to the previous holder under the same conditions as were originally agreed.  
(5) The provisions of this Article shall not apply to computer programs, audiovisual 
works or databases.  
Subsection 3  
ECONOMIC RIGHTS  
Contents  
Article 21  
(1) Economic rights shall protect the author’s economic interests by giving the 
author an exclusive right to authorise or prohibit the use of his work or copies thereof.  
(2) Unless otherwise provided by this Act, the use of a copyright work shall be 
permitted only if the author has transferred the appropriate economic right in accordance with 
this Act and under the conditions determined by the author.  
Economic rights  
Article 22  
(1) Use of a work in material form shall include in particular the right of 
reproduction (Article 23).  
(2) Use of a work in non -material form (communica tion to the public) shall include 
in particular the following rights:  
1. the right of public performance (Article 26);  
2. the right of public transmission (Article 27);  
3. the right of public communication by means of phonograms and videograms (Article 28);  
4. the right of public presentation (Article 29);  
5. the right of broadcasting (Article 30);  
6. the right of rebroadcasting (Article 31);  
7. the right of secondary broadcasting ( Article 32);  
8. the right of making available to the public (Article 32a).  
(3) Use of the work in a modified form shall include in particular the following 
rights:  
1. the right of transformation (Article 33);  
2. the right of audiovisual adaptation (Article 104) .  (4) Use of copies of a work shall include the following rights:  
1. the right of distribution (Article 24);  
2. the rental right (Article 25).  
Right of reproduction  
Article 23  
(1) The right of reproduction shall be the exclusive right to fix the work in a mat erial 
medium or in another copy directly or indirectly, temporarily or permanently, in whole or in 
part, by any means and in any form.  
(2) The work shall be reproduced in particular by graphic reproduction, three -
dimensional reproduction, building or realising an architectural structure, photographic 
reproduction, sound or visual recording, or saving in electronic form.  
Right of distribution  
Article 24  
(1) The right of distribution shall be the exclusive right to put into circulation the 
original or co pies of a work by sale or other form of transfer of ownership, or to offer the 
same to the public with such intent.  
(2) The right of distribution shall also include the exclusive right to import copies of  
the work to a country with a view to their further distribution, regardless of whether such 
copies were lawfully made.  
Rental right  
Article 25  
(1) The rental right shall be the exclusive right of making available for use the 
original or copies of a work for a limited period of time and for direct or indire ct economic 
advantage.  
(2) The provisions of the preceding paragraph shall not apply to the use of:  
1. architectural structures;  
2. originals or copies of works of applied art or industrial design;  
3. originals or copies of works for the purpose of public communica tion; 
4. works for on -the-spot reference;  
5. works by persons acting within the scope of their employment where such use is 
intended exclusively for the execution of their work -related duties.  
Right of public performance  
Article 26  The right of public performance shall include the exclusive rights:  
1. to recite a literary work in public by live delivery (right of public recitation);  
2. to communicate a musical work to the public by live performance (right of public musical 
performance);  
3. to communicate a work to the public by performing it on stage (right of public stage 
presentation).  
Right of public transmission  
Article 27  
The right of public transmission shall be the exclusive right to relay recitations, 
performances or presentations of a work by loudspeaker , screen or similar device beyond 
their original venue or location.  
Right of public communication by means of phonograms and videograms  
Article 28  
The right of public communication by means of phonograms and videograms shall 
be the exclusive right to communicate to the public recitations, performances or stage 
presentations of a work which are fixed in a phonogram or videogram.  
Right of public presen tation  
Article 29  
The right of public presentation shall be the exclusive right to communicate to the 
public, by technical means, an audiovisual work, a photographic work, a work of fine art, 
architecture, urban planning, applied art, industrial design or cartography, or a presentation 
of a scientific or technical nature.  
Right of broadcasting  
Article 30  
(1) The right of radio broadcasting shall be the exclusive right to communicate a 
work to the public by radio or television programme signals, intended to the public, either by 
wireless means (including satellite) or by wire (including cable or microwave system).  
(2) Communication to the public by satellite within the meaning of the preceding 
paragraph exists when, under the control and responsibility of a b roadcasting organisation, 
programme -carrying signals intended for the public are sent in an uninterrupted chain of 
communication to a satellite and back down to Earth.  
(3) If the programme -carrying signals are encrypted, communication to the public 
by sate llite within the meaning of the preceding paragraph shall be deemed to have occurred provided that the means for decrypting are provided to the public by the broadcasting 
organisation or with its consent.  
Right of rebroadcasting  
Article 31  
The right of reb roadcasting shall be the exclusive right to a simultaneous, 
unaltered and unabridged communication to the public of a broadcast of a work:  
1. when made by a broadcasting organisation other than the initial one or  
2. when transmission is by cable or microwave sys tem and involves more than 100 cable 
connections or if the work was initially broadcast from another state (cable 
retransmission).  
Right of secondary broadcasting  
Article 32  
The right of secondary broadcasting shall be the exclusive right to communicate a 
broadcast work to the public by loudspeaker, screen or similar device.  
Right of making available to the public  
Article 32a  
The right of making available to the public shall be the exclusive right to make a 
work available to the public, by wire or wireless means, in such a way that members of the 
public may access it from a place and at a time individually chosen by them.  
Right of transformation  
Article 33  
(1) The right of transformation shall be the exclusive right to translate, adapt for 
stage, musically arrange, alter or otherwise transform a pre -existing work.  
(2) The right referred to in the preceding paragraph shall also apply to cases 
where a pre -existing work is included or incorporated in a new work in unaltered form.  
(3) The author of the pre -existing work shall retain the exclusive right to use the 
work derived from his work unless otherwise provided by this Act or by contract.  
Subsection 4  
OTHER RIGHTS OF THE AUTHOR  Right of access and of delivery  
Article 34  
(1) The author shall have a right of access to the original or to a copy of  his work 
which is in the possession of another person if such access is necessary for the exercise of 
his right of reproduction or of transformation of the work and does not adversely af fect the 
legitimate interests of the possessor.  
(2) The author may demand that the original of his work of fine art or of a 
photographic work be delivered to him for the purpose of exhibition in the Republic of 
Slovenia if he can demonstrate a strong interest therein.  
(3) The  delivery of the original under the preceding paragraph may be conditional 
upon depositing sufficient security or upon acquiring insurance coverage in the amount of the 
market value of the original.  
(4) The author shall effect the access to and exhibition of the work with the least 
inconvenience to the possessor and at his own expense. The author shall be liable for any 
damage to the original or copy of the work, this irrespective of culpability.  
Resale right  
Article 35  
(1) Where an original of a work of fi ne art is resold subsequent to the first transfer 
of the work by the author, the author shall have the right to be notified thereof, and also the 
right to remuneration as set out in this Article, provided that sellers, buyers or intermediaries 
are art mark et professionals, for example salesrooms, art galleries or auction houses.  
(2) Obligations referred to in the preceding paragraph shall be the joint obligation 
of the seller, buyer and intermediary.  
(3) Originals of works of fine art referred to in parag raph one shall mean original 
works of fine art, such as paintings, collages, drawings, engravings, prints, photographs, 
sculptures, tapestries, ceramics and glassware, that are made by the author themselves or 
are copies of such works considered to be orig inals. Copies of works shall be considered to 
be originals insofar as they have been made in limited numbers by the author himself or 
under his authority and have normally been numbered and signed by the author.  
(4) The resale right remuneration shall be set as a percentage of the retail price of  
the original (net of taxes).  
(5) The remuneration referred to in the preceding paragraph, which may not 
exceed EUR 12,500, shall be:  
1. 4% for a price up to EUR 50,000;  
2. 3% for the portion of the price between EUR 50,000 and EUR 200,000;  
3. 1% for the portion of the price between EUR 200,000 and EUR 350,000;  
4. 0.5% for the portion of the price between EUR 350,000 and EUR 500,000;  
5. 0.25% for the portion of the price exceeding EUR 500,000.  
(6) The resale right may not b e waived or assigned inter vivos  or be subject to 
execution.  Public lending right  
Article 36  
(1) The public lending right is the right to appropriate remuneration in accordance 
with the Librarianship Act (Official Gazette of the Republic of Slovenia [ Uradni list RS ], Nos 
87/01 and 96/02 – ZUJIK) when the original or a copy of a work is made available for use f or 
a limited period of time, without direct or indirect economic advantage, and if done through 
an organisation performing such activit y as a public service.  
(2) The provisions of the preceding paragraph shall not apply to the use of:  
1. originals or copies of library materials in the national library, school and academic 
libraries, or special libraries;  
2. architectural structures;  
3. originals or copies of works of applied art and industrial design;  
4. originals or copies of works for the purpose of public communication;  
5. works for on -the-spot reference or for lending among organisations;  
6. works by persons acting within the scope of thei r employment where such use is 
intended exclusively for the execution of their work -related duties.  
(3) Lending of originals or copies of computer programs and databases to the 
public shall be the exclusive right of their author.  
Right to remuneration  
Article 37  
(1) The author shall have a right to fair compensation for sound or visual recording 
and photocopying of his work done within the scope of private or other internal use referred 
to in Article 50 of this Act.  
(2) Remuneration referred to the precedin g paragraph with respect to sound or 
visual recording shall be paid:  
1. upon the first sale or importation of new devices for sound or visual recording and  
2. upon the first sale or importation of new blank audio or video fixation media.  
(3) Remuneration referre d to in paragraph one of this Article with respect to 
photocopying shall be paid:  
1. upon the first sale or importation of new devices for photocopying and  
2. on photocopies made for sale, i.e. monthly depending on their probable number.  
(4) For the purposes of this Act, importation shall be considered to be the release 
of goods into free circulation in accordance with the customs regulations of the European 
Community and any entry of goods into the territory of the Republic of Slovenia f rom other 
EU Member State s. 
(5) Photocopying under this Article shall be considered as equivalent to other 
similar reproduction techniques; devices for sound or visual recording shall be considered as 
equivalent to other devices which achieve the same effect.  
(6) The right to remu neration under paragraph one of this Article may not be 
waived or assigned inter vivos  or be subject to execution.  Persons liable  
Article 38  
(1) Persons liable to pay remuneration under the preceding Article shall be as 
follows: manufacturers of sound or visual recording devices, manufacturers of photocopying 
devices, manufacturers of blank audio or video fixation media, and holders of devices who 
provide photocopying services for payment. In addition to manufacturers, importers of 
devices and fixation med ia shall be jointly liable unless such imports are intended for private 
and non -commercial use as part of their personal luggage.  
(2) Manufacturers referred to in the preceding paragraph shall not be liable to pay 
remuneration with respect to devices or fi xation media which are made for export.  
(3) Persons referred to in paragraph one of this Article shall not be liable to pay 
remuneration with respect to devices or fixation media which they have sold or imported f or 
the first time for the purposes of:  
1. comm ercial reproduction of authors’ works for which the authorisation of the right -holders 
should be obtained or  
2. reproduction of authors’ works for the benefit of disabled persons when such 
reproduction is directly related to their disability.  
(4) (Ceased to be in force ) 
Amount of remuneration  
Article 39  
(Ceased to be in force ) 
Subse ction 5  
RELATIONSHIP BETWEEN COPYRIGHT AND OWNERSHIP  
General  
Article 40  
Copyright shall be independent from and compatible with ownership or other 
property rights in any material object in which the copyright work is embodied unless 
otherwise provided by law. 
Separation of legal transactions  
Article 41  (1) Legal transactions involving individual economic rights or other rights of the 
author with respect to his work shall not affect the ownership of the material object in which 
the work is embodied unless o therwise provided by law or contract.  
(2) Legal transactions involving ownership in the material object in which the work 
is embodied shall not affect individual economic rights or other rights of the author with 
respect to his work unless otherwise provid ed by law or contract.  
Community property of spouses  
Article 42  
Only economic benefits deriving from a copyright shall be a part of the community 
property of spouses.  
Exhaustion of the right of distribution  
Article 43  
The right of distribution in respect of the original or copies of a work shall be 
exhausted within the European Union with the first sale or other transfer of ownership in the 
European Union of that original or copies of the work by the author or with his consent.  
Limitation to the ri ght of transformation  
Article 44  
(1) The owner of an architectural structure that has been built shall be free to 
make reconstructions thereof.  
(2) When implementing the provision of the preceding paragraph, the owner shall 
be obliged to respect the autho r’s right to integrity of the work.  
(3) Where a structure has been awarded a prize in an open competition, the owner 
shall be obliged to obtain the consent of the author. Such consent may not involve 
disproportionate costs for the owner or considerably prolong the time of reconstruction.  
Protection of the original of a work  
Article 45  
(1) The owner of the original of a work who, taking account of the circumstances of 
the case, should assume that the author has a legitimate interest in its pr eservation, shall not 
destroy such an original without first offering to return it to the author on payment of the value 
of the material.  
(2) If such return is not possible, the owner shall enable the author to make a copy 
of the original of the work in an  appropriate manner.  (3) In the case of an architectural structure, the author of such work shall only 
have the right to make photographs of the work and to demand the delivery of the 
reproductions of designs at his own expense.  
Section  4 
LIMITATIONS TO CO PYRIGHT  
General rule  
Article 46  
Limitations to copyright shall be permissible in cases laid down in this Section, 
provided that the extent of such use of copyright works is limited by the intended purpose, is 
compatible with fair practice, does not conflic t with a normal use of the work and does not 
unreasonably prejudice the legitimate interests of the author.  
Subsection 1  
LEGAL LICENCES  
Teaching and periodicals  
Article 47  
(1) Without the transfer of an appropriate economic right, but upon payment of 
equit able remuneration, it shall be permissible:  
1. to reproduce in readers and textbooks intended for teaching parts of works and single 
works of photography, fine arts, architecture, applied art, industrial design and 
cartography, provided these are already disc losed works of a number of authors;  
2. to reproduce in periodical publications or press summaries published articles on current 
economic, political or religious topics or other subject -matter of the same character, 
unless the author has expressly prohibited i t. 
(2) Provisions of the preceding paragraph shall apply,  mutatis mutandis , to public 
communication of the aforementioned works.  
(3) In cases referred to in the preceding paragraphs, the source and authorship of 
the work shall be indicated if they are indi cated on the work used.  
Disabled persons  
Article 47a  
(Deleted)  Subsection 2  
FREE USE  
Right to information  
Article 48  
(1) For the purposes of informing the public, it shall be free:  
1. to reproduce works which are capable of being seen or heard as a part of a  current 
event that is being reported on;  
2. to prepare and reproduce abstracts of published newspaper and similar articles in the 
form of press summaries;  
3. to reproduce public political speeches and public speeches made at hearings before 
state, religious or similar bodies;  
4. to use the news of the day and pieces of news which have the nature of a press release.  
(2) The provisions of the preceding paragraph shall apply,  mutatis mutandis , to 
public communication of the aforementioned works.  
(3) In cases referred to in the preceding paragraphs, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Persons with disabilities and beneficiary persons   
Article 48a  
For the benefit of persons with disabilities and the beneficiar y persons referred to 
in Article 48b of this Act, the reproduction that also includes the necessary non -substantive 
adjustments, distribution and communication to the public of published works, shall be f ree, 
provided that such use is directly related to t heir disability and to the extent required by the 
individual form of disability and is not intended to achieve direct or indirect economic benefit.  
Beneficiary person, work for a beneficiary person and accessible format copy   
Article  48b  
 
(1) "Beneficiary person" means a person who:  
1. is blind,  
2. has a visual impairment which cannot be improved so as to give the person visual 
function substantially equivalent to that of a person who has no such impairment, and 
who is, as a result, unable to read printed works for a beneficiary person to substantial ly 
the same degree as a person without such an impairment;  
3. has a perceptual or reading disability and is, as a result, unable to read printed works f or 
a beneficiary person to substantially the same degree as a person without such disability; 
or  
4. is other wise unable, due to a physical disability, to hold or manipulate a book or to f ocus 
or move their eyes to the extent that would be normally acceptable for reading.  (2) "Work" for a beneficiary person means a work in the form of a book, periodical, 
newspap er, magazine or other kind of writing, notation, including sheet music, and related 
illustrations, in any media, including in audio form such as audiobooks and in digital format, 
which is protected by copyright or related rights and which is published or o therwise lawf ully 
made publicly available.  
(3) "Accessible format copy" means a copy of a work for a beneficiary person in an 
alternative manner or form that gives a beneficiary person access to the work, including 
allowing such person to have access as f easibly and comfortably as a person without any of  
the impairments or disabilities referred to in paragraph one of this Article.  
Authorised entity and exchange of accessible format copies for beneficiary persons   
Article  48c 
 
(1) An authorised entity estab lished in the Republic of Slovenia may for a 
beneficiary person or another authorised entity established in any Member State and under 
the conditions referred to in Article 48a of this Act make an accessible format copy of a work, 
or communicate, distribut e or lend an accessible format copy to a beneficiary person or 
another authorised entity for the purpose of exclusive use by a beneficiary person.  
(2) A beneficiary person, or an authorised entity established in the Republic of 
Slovenia, may obtain from a n authorised entity established in a Member State of the 
European Union an accessible format copy made of work for the beneficiary person, or have 
access to it for the exclusive use of the beneficiary person.  
(3) The authorised entity referred to in parag raph one of this Article shall be 
deemed to be an entity that provides education, training, adaptive reading or information 
access to beneficiary persons on a non -profit basis.  
(4) The authorised entity referred to in paragraph one of this Article shall a dopt 
and implement measures to ensure that it:  
1. communicates to the public, distributes or makes available accessible format copies only 
to beneficiary persons or other authorised entities;  
2. discourages the unauthorised reproduction, distribution or commun ication to the public of 
accessible format copies, e.g. by means of notices on its website and by informing 
beneficiary persons of the authorised and unauthorised means of using accessible format 
copies;  
3. demonstrates due care in, and maintains records of,  its handling of works for beneficiary 
persons and of accessible format copies thereof;  
4. publishes and updates on its website or in any other manner information on how it 
complies with the obligations under points 1 to 3 of this paragraph;  
5. In cases where accessible format copies are exchanged with an authorised entity 
established in another Member State of the European Union, it shall, upon request, in an 
accessible way provide beneficiary persons, other authorised entities or rightholders with 
the list of  works for which it has accessible format copies and available formats, and with 
the names and contact details of authorised entities with which it has engaged in the 
exchange of accessible format copies.  
(5) The ministry responsible for culture shall pub lish on its website a list providing 
contact details of authorised entities established in the Republic of Slovenia that are engaged 
in the exchange of accessible format copies with an authorised entity established in another Member State of the European U nion. This list shall be published on the basis of the 
information provided to the ministry responsible for culture by the authorised entities referred 
to in paragraph of this Article on a voluntary basis.  
(6) Contractual provisions that preclude the provisions of paragraph one or two of  
this Article shall be null and void.  
Teaching  
Article 49  
(1) For the purposes of teaching it shall be free:  
1. to publicly perform disclosed works and communicate them to the public in the form of 
direct teaching;  
2. to publicly perform disclosed works at school events with free admission on condition that 
the performers receive no payment for their performance;  
3. to conduct secondary broadcasting of school radio and television shows.  
(2) In cases referred to i n the preceding paragraph, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Temporary reproduction  
Article 49a  
Temporary acts of reproduction which are transient or incidental and are an 
integral and essentia l part of a technological process and whose sole purpose is to enable a 
transmission in a network between third parties by an intermediary or a lawful use of a work, 
and which have no independent economic significance, shall be performed freely.  
Communicat ion to the public via terminals  
Article 49b  
Publicly accessible archives, libraries, museums and educational establishments 
shall be free to communicate to the public works from their collections by means of dedicated 
terminals on their premises for the purpose of research or private study unless otherwise 
provided by a contract on the transfer of economic rights.  
Reproduction for private and other internal use  
Article 50  
(1) Subject to Article 37 of this Act, the reproduction of a disclosed work shall be  
free if made in no more than three copies and provided that the conditions referred to in 
paragraphs two or three are fulfilled.  
(2) A natural person shall be free to reproduce works:  1. on paper or any similar medium by the use of photocopying or any other  photographic 
technique having similar effects or  
2. on any other medium if this is done for private use where the copies are not made 
available or communicated to the public and this is not done for direct or indirect 
economic advantage.  
(3) Publicly accessible archives, libraries, museums, and educational or scientific 
establishments shall be free to reproduce, on any medium, works from their own copies f or 
internal use, provided that this is not done for direct or indirect economic advan tage.  
(4) Reproduction under the preceding paragraphs of this Article shall not be 
permitted with respect to written works to the extent of the whole book, graphic editions of 
musical works, electronic databases and computer programs, and in the form of b uilding of 
an architectural structure, unless otherwise provided by this Act or by contract.  
(5) Notwithstanding the preceding paragraph, it shall be free, under the conditions 
referred to in paragraph one of this Article:  
1. to reproduce a written work to the extent of the whole book where such a work has been 
out of print for a minimum of two years;  
2. to reproduce a graphic edition of a musical work by means of handwritten transcription.  
Free reproduction and making available to the public of orphan works  
Article 50a  
(1) Publicly accessible archives, libraries, museums, educational establishments, 
film or audio heritage institutions, and public -service broadcasting organisations may make  
available to the public orphan works provided that such use fulfils their public interest 
missions, in particular the preservation of, the restoration of, and the provision of cultural and 
educational access to their collections, including their digital c ollections, and may freely 
reproduce such works for the purposes of their digitisation, making available, indexing, 
cataloguing, preservation or restoration.  
(2) Legal persons referred to in the preceding paragraph may generate revenues 
in the course of su ch uses, this for the exclusive purpose of covering their costs of 
reproducing orphan works and making them available to the public.  
(3) Legal persons referred to in paragraph one of this Article may, by contract, 
assign another person to reproduce orphan works or make them available to the public.  
(4) In the use of an orphan work, legal persons referred to in paragraph one of this 
Article shall indicate the author of the work and his legal successor if known.  
Orphan works  
Article 50b  
(1) An orphan work r eferred to in paragraph one of the preceding Article shall be 
considered a work the authors of which have not been located or identified despite a diligent 
search for them having been carried out and, is protected by this Act, and which was 
published for t he first time in a Member State or, in the absence of publication, was 
communicated for the first time to the public in a Member State or, in the absence of publication or communication to the public, was disclosed by a legal person referred to in 
paragrap h one of the preceding Article with the consent of the author and it is reasonable to 
assume that the author would not oppose the use under paragraph one of the preceding 
Article.  
(2) Orphan works under the preceding paragraph shall be regarded as includin g 
only:  
- books, magazines, newspapers or other writings, audiovisual works and phonograms, 
and other works incorporated in, or constituting an integral part of, these works or 
phonograms contained in the collections of publicly accessible archives, librarie s, 
museums, educational establishments or film or audio heritage institutions and  
- audiovisual works and phonograms and other works incorporated in, or constituting an 
integral part of, these works and phonograms produced by public -service broadcasting 
organisations up to and including 31 December 2002 and commissioned by that date by 
such organisations for the exclusive exploitation by them or other co -producing public -
service broadcasting organisations and contained in their archives.  
(3) Where there is mo re than one author of a work referred to in the preceding 
paragraph and not all of them have been identified or located after a diligent search has been 
carried out, the work may be used in accordance with paragraph one of the preceding Article 
provided th at the authors that have been identified and located have authorised such use.  
Diligent search  
Article 50c  
(1) A diligent search shall be carried out in good faith in respect of each work 
referred to in the preceding Article prior to its use by consultin g at least the sources set out in 
Annex, which is an integral part of this Act. If there is evidence to suggest that relevant 
information on the author is to be found in other countries, sources of information available in 
those other countries shall also be consulted.  
(2) A diligent search shall be carried out in the Member State of first publication or, 
in the absence of publication, first communication to the public.  
(3) In the case of an audiovisual work, the diligent search shall be carried out in 
the Member State in which the producer of the work has his registered office or permanent 
residence.  
(4) In the case of a work which was not published or communicated to the public in 
a Member State but was disclosed by a legal person referred to in paragraph one of  Article 
50a of this Act with the consent of the author, the diligent search shall be carried out in the 
Member State in which that legal person is established.  
(5) Legal persons referred to in paragraph one of Article 50a of this Act may 
assign anot her person to carry out a diligent search.  
Records of diligent searches  
Article 50č  (1) Legal persons referred to in paragraph one of Article 50a of this Act shall keep 
records of their diligent searches containing the following information:  
- the accurate  designation of the work which is considered an orphan work f ollowing the 
results of the diligent search;  
- information on the use of the orphan work;  
- any change of the orphan work’s status under Article 50d of this Act; and  
- documents  showing that the diligent search was carried out in accordance with the 
preceding Article.  
(2) Legal persons referred to in paragraph one of Article 50a of this Act shall send 
the information referred to in the first, second and third indents of the prece ding paragraph 
and their contact information to the ministry responsible for culture without delay using the 
designated application. Immediately after receiving such information, the ministry responsible 
for culture, using the designated application, shall  forward the information to the online 
database of the Office for Harmonisation in the Internal Market.  
(3) No diligent search shall need to be carried out with respect to a work that is 
already recorded as an orphan work in the single publicly accessible online database of  the 
Office for Harmonisation in the Internal Market.  
End of orphan work status and fair compensation  
Article 50d  
(1) If the author of a work that is considered as an orphan work under this Act has 
been located or identified, legal pers ons referred to in paragraph one of Article 50a of this Act 
shall stop using the work immediately after they learn of this.  
(2) The author of an orphan work shall have the right to receive fair compensation 
for the use that has been made of his work and ma y seek such compensation from the legal 
person referred to in paragraph one of Article 50a of this Act which used his work.  
(3) For the purposes of determining the level of fair compensation, due account 
shall be taken of the costs of the diligent search, the costs and revenues relating to making 
the orphan work available to the public, the costs of reproduction, and the costs of any harm 
to right -holders. Due account shall also be taken of the public interest in the field of culture as 
defined by the law g overning the exercising of the public interest in culture and of the mission 
of a particular public institute or public agency as defined in its instrument of incorporation.  
(4) The method of calculation of fair compensation referred to in paragraph two of  
this Article and the method of payment of such fair compensation shall be determined by the 
Government of the Republic of Slovenia on the proposal of the minister responsible for 
culture.  
Quotations  
Article 51  
(1) It shall be free to make quotations of parts of a disclosed work and of single 
disclosed works of photography, fine arts, architecture, applied art, industrial design and 
cartography provided this is necessary for the purposes of illustration, argumentation or 
referral.  (2) In cas es referred to in the preceding paragraph, the source and authorship of 
the work shall be indicated if they are indicated on the work used.  
Accessory works of secondary importance  
Article 52  
Such disclosed works that may be regarded as accessory works of s econdary 
importance with regard to the actual purpose of some material object may be used f reely in 
the exploitation of such an object.  
Free transformations  
Article 53  
Transformation of a disclosed work shall be permissible:  
1. if it is made for private or ot her internal purposes and is not intended for, or accessible to, 
the public;  
2. if the work is transformed into a parody or caricature, provided this does not, or is not 
likely to, create confusion as to the source of the work;  
3. if the transformation is done i n connection with a permitted use and is dictated by the 
purpose of such use;  
4. if the transformation is done in connection with a permitted use and the author’s objection 
to such transformation is in contravention of the principles of good faith and fairness.  
Databases  
Article 53a  
(1) A lawful user of a disclosed database or of a copy thereof may freely reproduce 
or alter that database if this is necessary for the purposes of access to its contents and the 
normal use of those contents. Where the user is authorised to access only a part of the 
database, the provision of this Article shal l apply only to that part.  
(2) Any contractual provision contrary to this Article shall be null and void.  
Public exhibition or sale of artistic works  
Article 54  
(1) The organiser of a public exhibition or sale of artistic works shall be free to use 
such w orks to the extent necessary to promote the event provided that this is not done for 
direct or indirect economic advantage.  
(2) In cases referred to in the preceding paragraph, the source and authorship of 
the work shall be indicated if they are indicated  on the work used.  Works located in generally accessible premises  
Article 55  
(1) Works permanently placed in parks, streets, squares or other generally 
accessible premises shall be used freely.  
(2) Works referred to in the preceding paragraph may not be re produced in a 
three -dimensional form or used for the same purpose as the original work or used for 
economic advantage.  
(3) In cases referred to in paragraph one of this Article, the source and authorship 
of the work shall be indicated if they are indicated on the work used.  
Official procedures  
Article 56  
The use of works shall be free if this is necessary in certain special cases f or the 
performance of tasks relating to public security or the performance of any official procedures, 
such as procedur es in the National Assembly of the Republic of Slovenia or the National 
Council of the Republic of Slovenia, or judicial proceedings or administrative or arbitration 
procedures.  
Testing of equipment  
Article 57  
Plants and shops that manufacture or sell phon ograms or videograms, equipment 
for their reproduction or public communication, or equipment for reception of broadcasts 
may, in order to test their functioning at the time of manufacture or sale, freely reproduce and 
publicly communicate works provided th is is done only to the extent necessary for the 
purpose of testing.  
Section  5 
LIMITATIONS ON THE DURATION OF COPYRIGHT  
Effect of expiry of terms  
Article 58  
On the expiry of the terms of copyright protection laid down in this Section, the 
work shall cease to enjoy copyright protection.  
General provision  Article 59  
Copyright shall run for the life of the author and for 70 years after his death unless 
otherwise provided by this Act.  
Co-authors  
Article 60  
(1) In the case of a work of joint authorship, th e term referred to in the preceding 
Article shall be calculated from the death of the last surviving author.  
(2) The term of protection in respect of musical compositions with words the lyrics 
and music of which were created in order to be used together sh all expire 70 years following 
the death of the last surviving author of the music or author of the lyrics, whether or not these 
persons are designated as co -authors.  
Anonymous and pseudonymous works  
Article 61  
(1) Copyright in anonymous and pseudonymous wo rks shall run for 70 years af ter 
the lawful disclosure of the work.  
(2) When the pseudonym leaves no doubt as to the identity of the author, or if  the 
author discloses his identity during the period referred to in the preceding paragraph, the 
term of prote ction laid down in Article 59 of this Act shall apply.  
Collective works  
Article 62  
Copyright in collective works shall run for 70 years after the lawful disclosure of the 
work.  
Special term for certain undisclosed works  
Article 63  
When the term of protection under this Act does not run from the death of the 
author or authors, and the work was not lawfully disclosed within 70 years of its creation, the 
copyright shall expire with the expiry of the aforementioned term.  
Serial works  
Article 64  When, un der this Act, the term of protection is calculated from the day of lawful 
disclosure of the work, and the work is disclosed over a period of time in volumes, parts, 
sequels, issues or series, the term of protection shall be calculated for each of these 
components separately.  
Collections  
Article 65  
(1) Insubstantial changes to the selection, adjustment or arrangement of the 
contents of a collection shall not extend the term of protection in that collection.  
(2) Insubstantial changes referred to in the preceding paragraph shall be additions, 
deletions or alterations to the selection or arrangement of the contents of a collection which 
are necessary in order that the collection may continue to function in the manner intended by 
its author.  
The right of wi thdrawal  
Article 66  
The right of withdrawal shall run for the lifetime of the author.  
Running of terms  
Article 67  
The terms of protection laid down in this Section of the Act shall start to run f rom 
the first day of January of the year following the year i n which the event which gives rise to 
them occurs.  
Chapter Three  
LEGAL TRANSACTIONS INVOLVING COPYRIGHT  
Section 1  
GENERAL PROVISIONS  
Transfer of copyright by inheritance  
Article 68  Copyright as a whole, with the exception of the right to withdrawal, may be  
inherited.  
Non-transferability of copyright as a whole  
Article 69  
Copyright as a whole cannot be transferred.  
Transfer of single rights of the author  
Article 70  
(1) An author may not transfer his moral rights to other persons.  
(2) An author may transfer t o other persons single economic rights and other rights 
of the author, either by contract or by another legal transaction, unless otherwise provided by 
this Act.  
Execution  
Article 71  
(1) Copyright, unfinished works and undisclosed originals shall not be subject to 
execution.  
(2) Only economic benefits deriving from copyright may be subject to execution.  
Legal standing  
Article 72  
(1) Rights recognised by this Act to the author, including the right to seek judicial 
protection, belong to another right -holder  to the extent in which they are transferred to him by 
law or by legal transaction unless otherwise provided by this Act.  
(2) Collective management organisations, trade union organisations and 
professional associations established for the protection of copyright and related rights shall 
also have standing to enforce protection of their members’ rights before courts and other 
bodies. They shall render an account of all proceedings to the members concerned.  
Section  2 
GENERAL PART OF COPYRIGHT  CONTRACT LAW  Scope of transfer  
Article 73  
A transfer of single economic rights or other single rights of the author may be 
limited in terms of content, territory or time.  
Exclusive and non -exclusive transfer  
Article 74  
(1) A non -exclusive transfer shall g ive the right -holder the right to exploit the work 
in the manner agreed concurrently with the author and other right -holders.  
(2) An exclusive transfer shall give the right -holder the right to exploit the work in 
the manner agreed to the exclusion of the a uthor and any other person.  
(3) Non -exclusive transfer made prior to a subsequent exclusive transfer shall 
have effect with respect to the holder of the exclusive rights unless otherwise provided by the 
agreement between the author and the holder of the no n-exclusive rights.  
Presumptions as to the scope of transfer  
Article 75  
(1) Unless otherwise provided by law or contract, it shall be presumed that rights 
are transferred non -exclusively, that the transfer is territorially limited to the Republic of 
Sloven ia and that the transfer is limited in its duration to the term customary for the relevant 
category of works.  
(2) If it is not specified which single rights are transferred, or to what extent a 
single right is transferred, it shall be presumed that only su ch rights, and only to such an 
extent, are transferred as is essential for the achievement of the purpose of the contract.  
The rule of separate transfers  
Article 76  
(1) A transfer of a single economic right or other single right of the author has no 
effect  on the transfer of his other rights unless otherwise provided by this Act or by contract.  
(2) A transfer of the right of reproduction of a work (Article 23) shall not include the 
transfer of the right to save it in electronic form, or the right to its sou nd or visual fixation, 
unless otherwise provided by law or contract.  
(3) A transfer of the right of distribution of copies of a work (Article 24) shall not 
include the transfer of the right of importation of such copies unless otherwise provided by 
law or by contract.  (4) When the right of rental of phonograms or videograms containing a copyright 
work is transferred (Article 25), the author shall retain the right to an equitable remuneration 
for each such rental. The author may not waive this right.  
Presumptions of joint transfer  
Article 77  
(1) In the transfer of the right of reproduction of a work (Article 23), it shall be 
presumed that the right of distribution of copies of such a work (Article 24) has also been 
transferred, with the exception of th e right of importation, unless otherwise provided by 
contract.  
(2) In the transfer of the right of broadcasting (Article 30), it shall be presumed that 
the broadcasting organisation also acquired the right:  
1. to make fixations of the work, on condition that the broadcasting organisation makes such 
fixations by means of its own facilities and for its own broadcasts, that it broadcasts them 
only once, and that it destroys such fixations no later than one month after the broadcast 
(ephemeral fixations) and  
2. to de liver ephemeral fixations to a public archive if such fixations have exceptional 
documentary value. The broadcasting organisation shall immediately notify the author of  
this. 
Subsequent transfers  
Article 78  
(1) A right -holder to whom an economic right or o ther author’s right has been 
transferred may not further transfer this right to a third party without the consent of the author 
unless otherwise provided by contract.  
(2) Consent referred to in the preceding paragraph shall not be required where the 
subseq uent transfer of the right is effected in consequence of status changes, bankruptcy or 
ordinary liquidation of the right -holder.  
(3) Where subsequent transfer is allowed without the author’s consent either by 
law or by contract, the initial and subsequent right-holders shall be jointly liable to the author 
for his claims.  
Nullity  
Article 79  
Any contractual stipulation shall be considered null and void if the author 
undertakes to transfer with it:  
1. copyright in its entirety;  
2. moral rights;  
3. economic rights with respect to all his future works; or  
4. economic rights with respect to yet unknown means of use of his work.  Formality  
Article 80  
(1) All transfers of economic rights or other author’s rights and all authorisations 
shall be in writing unless other wise provided by law.  
(2) In the case of non -compliance with the preceding paragraph, any controversial 
or unclear stipulations shall be interpreted in favour of the author.  
Royalties and remuneration  
Article 81  
(1) Where royalties or remuneration have not been determined, they shall be 
calculated by taking into account the usual fees for a particular category of works, the scope 
and duration of use, and other circumstances of the case.  
(2) Where the profit derived from the use of the w ork is in manifest disproportion to 
the agreed upon or determined royalties or remuneration, the author may demand that the 
contract be revised so that a more equitable share of the revenues is provided for him.  
(3) An author may not waive the right referr ed to in the preceding paragraph.  
Accounting  
Article 82  
(1) Where the royalties or remuneration have been agreed upon or determined in 
proportion to the revenues derived from the use of the work, the user of the work shall keep 
appropriate books or other r ecords on the basis of which the amount of such revenues can 
be determined.  
(2) The user of the work shall allow the author to inspect the records referred to in 
the preceding paragraph and shall send him adequate reports on the revenues within the 
usual t ime limits and to the extent necessary.  
Revocation of economic rights  
Article 83  
(1) An author may revoke a transferred economic right if its exclusive holder 
exploits this right to an insufficient extent or not at all and the author’s legitimate interests  are 
considerably affected thereby. The author may not revoke the right if the reasons for non -
exploitation or insufficient exploitation originate mainly from his sphere.  
(2) The revocation referred to in the preceding paragraph may not be effected 
before the expiry of two years from the time of transfer of the economic right to a work. In the case of contributions to daily newspapers, this time limit shall be three months, and in the 
case of other periodical publications, the time limit shall be one year.  
(3) An author may exercise his right to revocation under this Article only after f irst 
giving the holder adequate additional time to comply with the demand for sufficient 
exploitation.  
(4) With the exercising of the right of revocation, the economic right of the holder 
shall expire.  
(5) The author may not waive the right of revocation under this Article.  
(6) If equity so requires, the author shall pay appropriate compensation to the 
right-holder.  
Authors’ collective agreements  
Article 84  
Organisations of au thors of individual categories of copyright works and the users 
of such works or their associations may in accordance with this Act:  
1. lay down general rules for the use of copyright works;  
2. conclude tariff agreements.  
Section  3 
SPECIAL PART OF COPYRIGHT CONT RACT LAW  
Subsection 1  
PUBLISHING CONTRACT  
Definition  
Article 85  
(1) By a publishing contract, the author shall undertake to transfer to the publisher 
the right of reproduction of his work in the form of printing and the right to distribute the 
copies of the work, while the publisher shall undertake to pay the agreed royalties to the 
author and to reproduce and distribute the work.  
(2) The publishing contract with respect to a certain work may also include an 
agreement on a club edition, a pocket -book edit ion, a periodical edition in instalments, the 
transfer of the right of translation, etc.  
Rights of an agent  Article 86  
An author’s agent may conclude a publishing contract only for such works as are 
expressly mentioned in his power of attorney.  
Contents o f the publishing contract  
Article 87  
(1) The publishing contract shall specify, in particular, the type of transfer of rights, 
the scope and duration of the transfer of rights, territorial limitations of rights, the time limit for 
the publication of the wo rk, and the amount of royalties to be paid to the author.  
(2) If the royalties are fixed as a percentage of the retail price of the copies of  the 
work sold, the publishing contract shall specify the minimum number of copies of the first 
edition. Such a pro vision shall not be necessary if the contract specifies the minimum 
royalties which the publisher is obliged to pay to the author regardless of the actual number 
of copies sold.  
(3) If the royalties are set as a lump sum, the publishing contract shall spec if y the 
total number of copies to be printed. If this number is not specified, and unless otherwise 
indicated by the purpose of the contract, standard terms or general usage, the publisher may 
reproduce and distribute a maximum of 500 copies of the work.  
Presumption of exclusivity of transfer  
Article 88  
(1) During the period of validity of the publishing contract, the author may not 
transfer the right of reproduction or the right of distribution of the work in the same language 
to a third party unless other wise provided by contract.  
(2) The author may transfer the right of reproduction or distribution of newspaper 
articles simultaneously to several users unless otherwise provided by contract.  
Publisher’s priority right  
Article 89  
(1) The publisher who has ac quired the right to publish a work in book f orm shall 
have, in relation to other publishers offering the same conditions, the priority right to publish 
the work in electronic form.  
(2) The priority right under the preceding paragraph shall run for a period  of  three 
years from the agreed date of publication of the literary work. The publisher shall give a 
written statement of the author’s written offer within 30 days of its receipt.  
Improvements of the work  Article 90  
Unless otherwise provided by the publish ing contract, for new editions of the work, 
the publisher shall be obliged to allow the author to make improvements or other alterations 
to his work, provided this does not involve any excessive costs for the publisher and does not 
alter the character of t he work.  
Destruction of the work by force majeure  
Article 91  
(1) If the work is destroyed by force majeure after its delivery to the publisher, the 
author shall be entitled to the royalties that would have been due to him if the work had been 
published.  
(2) If the entire prepared edition is destroyed by force majeure before it is put into 
circulation, the publisher shall be entitled to prepare a new edition, and the author shall have 
the right to royalties only for the destroyed edition.  
(3) If a part of a prepared edition is destroyed by force majeure before it is put into 
circulation, the publisher shall be entitled to reproduce without paying royalties to the author 
only such a number of copies as have been destroyed.  
Termination of the contract  
Article 92  
(1) The publishing contract shall terminate:  
1. if the author dies before the completion of the work;  
2. if the copies of all agreed editions have sold out;  
3. if the term of validity of the contract has expired;  
4. in other cases provided by law or contrac t. 
(2) The author may withdraw from the publishing contract if the publisher, after an 
edition has sold out, does not proceed to publish a new agreed edition within three years of 
the date when the author requested it, unless otherwise provided by contract . 
(3) An edition shall be considered sold out under the preceding paragraphs if  the 
number of unsold copies is less than 5% of the total edition and in any case if the number is 
less than 100 copies.  
(4) If the publisher does not publish the work within th e agreed time limit, the 
author may withdraw from the contract and claim damages; in addition, he may keep the 
royalties received or demand payment of the agreed royalties.  
(5) If the time limit for the publication of the work is not stipulated in the cont ract, 
the publisher shall be obliged to publish the work within a reasonable period of time, but not 
later than one year from the date of delivery of the work.  
Exception to the formality requirement  Article 93  
The provisions of this Act requiring contracts for a copyright work to be made in 
writing shall not apply to contracts for the publication of articles, drawings or notes in 
newspapers, magazines or other periodicals.  
Destruction of copies  
Article 94  
(1) If the publisher intends to sell the un sold copies of the work for pulping within 
three years of the agreed publication date of the work, unless a longer period is stipulated in 
the publishing contract, they shall be obliged to first offer them to the author at the price they 
would obtain if co pies were sold for pulping.  
(2) If the author does not purchase the offered copies or purchases only some of  
them, the publisher may sell the remaining copies for pulping.  
Subsection 2  
PERFORMANCE CONTRACT  
Definition  
Article 95  
By a performance contract, a n author shall undertake to transfer to the user the 
right of public recitation, public performance or public staging of his work, while the user shall 
undertake to pay to the author the agreed royalties and to recite, perform or stage the work.  
Contents o f the performance contract  
Article 96  
The performance contract shall specify, in particular, the type of transfer of rights, 
the scope and duration of the transfer of rights, territorial limitations of rights, the time limit for 
the performance of the work , and the amount of royalties to be paid to the author.  
Obligations of the user  
Article 97  
The user shall be obliged to allow the author to inspect the performance of the 
work, to ensure adequate technical conditions under which the work can be performed, and 
to send to the author the playbill, other printed materials and public reviews of the 
performance, unless otherwise provided by contract.  Withdrawal from the contract  
Article 98  
If the user does not perform the work within the agreed time li mit, the author may 
withdraw from the contract and claim damages; in addition, he may keep any royalties 
received or demand payment of the agreed royalties.  
Subsection 3  
CONTRACT TO COMMISSION A COPYRIGHT WORK  
Commissioned copyright work  
Article 99  
(1) By a contract to commission a work, an author shall undertake to create a 
certain work and deliver it to the person commissioning it, who shall undertake to pay a 
remuneration to the author.  
(2) The person commissioning the work may supervise the process and give 
instructions, provided that he does not interfere with the author’s freedom of scientific and 
artistic expression.  
(3) The author shall retain the copyright to the commissioned work, with the 
exception of the right of distribution, unless otherwise pr ovided by this Act or by contract.  
(4) The contract to commission a work shall be subject to provisions relating to 
contracts for work unless otherwise provided by this Act.  
Collective copyright work  
Article 100  
(1) A collective copyright work shall be a w ork which is created by the 
collaboration of a large number of co -authors on the initiative and under the organisation of a 
natural or legal person commissioning the work and which is published and used under the 
name of the natural or legal person commiss ioning it (e.g. encyclopaedias and anthologies).  
(2) A special contract shall be concluded for the purpose of creating a collective 
work. If the conditions referred to in the preceding paragraph are not met, such a contract 
shall be null and void.  
(3) It s hall be deemed that the economic rights and other rights of the authors to a 
collective work are exclusively and without limitations transferred to the person 
commissioning the work, unless otherwise provided by contract.  
Subsection 4  EMPLOYMENT RELATIONSH IP 
Copyright work created in the course of employment  
Article 101  
(1) When a copyright work is created by an employee in the execution of his duties 
or following instructions given by his employer (a copyright work created in the course of 
employment), it shall be deemed that the economic rights and other rights of the author to 
such work are exclusively transferred to the employer for a period of ten years from the 
completion of the work, unless otherwise provided by contract.  
(2) After the expiry of the p eriod referred to in the preceding paragraph, the rights 
referred to in the preceding paragraph shall revert to the employee; however, the employer 
may claim a new exclusive transfer of these rights for equitable remuneration.  
Special rights  
Article 102  
Notwithstanding the provisions of the preceding Article,  
1. an employee shall retain the exclusive right to use a work created in the course of 
employment as part of his collected works;  
2. it shall be deemed that economic rights and other rights of the author t o a database and 
in a collective work are transferred exclusively and without limitations to the employer, 
unless otherwise provided by contract.  
Chapter Four  
SPECIAL PROVISIONS ON COPYRIGHT WORKS  
Section 1  
AUDIOVISUAL WORKS  
Definition  
Article 103  
Audiovis ual works under this Act shall be cinematographic films, television films, 
animated films, short music videos, advertising films, documentaries and other audiovisual 
works, expressed by means of a sequence of related moving images, with or without sound, 
regardless of the medium in which said works are embodied.  
The right of audiovisual adaptation  Article 104  
(1) The right of audiovisual adaptation shall be the exclusive right to transf orm or 
include a pre -existing work in an audiovisual work.  
(2) It shall be deemed that, by concluding a contract for audiovisual adaptation, the 
author of a pre -existing work transferred to the film producer, exclusively and without 
limitations, the right of transformation and inclusion of the pre -existing work in an audiovisu al 
work and his economic rights and other rights of the author to this audiovisual work, its 
translations, its audiovisual transformations and photographs made in connection with the 
production of the audiovisual work, unless otherwise provided by contract . 
(3) Notwithstanding the provisions of the preceding paragraph, the author of a pre -
existing work shall retain:  
1. the exclusive right to further transformation of the audiovisual work into another artistic 
form;  
2. the exclusive right to a new audiovisual adap tation of the pre -existing work, but only after 
the expiry of ten years from the conclusion of the contract referred to in the preceding 
paragraph;  
3. the right to claim equitable remuneration from the film producer for each rental of 
videograms of an audiovi sual work.  
(4) The author of a pre -existing work may not waive the rights referred to in the 
preceding paragraph.  
Co-authors of an audiovisual work  
Article 105  
(1) The following shall be considered as co -authors of an audiovisual work:  
1. the author of the adaptation,  
2. the author of the screenplay,  
3. the author of the dialogue,  
4. the director of photography,  
5. the principal director,  
6. the composer of music specifically created for use in the audiovisual work.  
(2) If animation represents an es sential element of the audiovisual work, the 
principal animator shall be considered as a co -author of that work.  
Authors of contributions to an audiovisual work  
Article 106  
An animator or a composer of film music who is not considered a co -author of  an 
audiovisual work under the preceding Article, a scenographer, a costume designer, a make -
up artist, and an editor shall all have authors’ rights with respect to their respective 
contributions to the audiovisual work (authors of contributions).  
Film production  contract  Article 107  
(1) The relationships between the film producer and the authors of an audiovisual  
work and authors of contributions, as well as the relationships between the authors 
themselves, shall be regulated by a film production contract, which shall be made in writing in 
accordance with this Act.  
(2) It shall be deemed that, by concluding a film  production contract, co -authors 
have transferred to the film producer, exclusively and without limitations, all their economic 
rights and other rights of the author to an audiovisual work, its translation, its audiovisual 
transformations and photographs m ade in connection with this work, unless otherwise 
provided by contract.  
(3) It shall be deemed that, by concluding a film production contract, authors of 
contributions have transferred to the film producer, exclusively and without limitations, the 
right t o use their contributions for the purpose of completion of the audiovisual work.  
(4) Notwithstanding the provisions of the preceding paragraphs:  
1. the co -authors shall retain the exclusive right to further transformation of an audiovisual 
work into another a rtistic form;  
2. the authors of contributions shall retain the right to use separately their contributions to 
an audiovisual work, unless the rights of the film producer are prejudiced thereby;  
3. the co -authors shall retain the right to claim equitable remunera tion from the film 
producer for each rental of videograms of an audiovisual work.  
(5) Co -authors and authors of contributions may not waive the rights referred to in 
the preceding paragraph.  
Royalties  
Article 108  
(1) Co -authors of an audiovisual work shall  be entitled to royalties separately for 
each transferred economic right or other right of the author.  
(2) A film producer shall, at least once a year, send to the co -authors of an 
audiovisual work a report on the revenues, this separately for each authori sed form of use of 
the work.  
Completion of an audiovisual work  
Article 109  
(1) An audiovisual  work shall be deemed to be completed when, in accordance 
with the agreement between the principal director and the film producer, the first standard  
copy of the work which is the subject matter of the contract is completed.  
(2) The master of the first sta ndard copy referred to in the preceding paragraph 
may not be destroyed.  (3) Any changes to the copy of the audiovisual work referred to in paragraph one 
of this Article may be made only with the prior consent of the principal director and the film 
producer . 
(4) If any of the co -authors or authors of contributions refuses to complete his 
contribution to the audiovisual work or if he is unable to do so owing to force majeure, he 
may not object to the use of the contribution he has already made for the purpose  of 
completion of such work. Such an author shall have respective rights to the contribution he 
has already made.  
Withdrawal from the contract  
Article 110  
(1) If a film producer does not complete the audiovisual work within five years of 
the conclusion of the film production contract, or if he does not distribute the completed 
audiovisual work within one year of its completion, the co -authors may withdraw from the 
contract, unless a different time limit has been agreed.  
(2) In the case referred to in the pr eceding paragraph, co -authors and authors of  
contributions retain the right to payment of royalties.  
Section  2 
COMPUTER PROGRAMS  
Definition  
Article 111  
(1) Computer programs under this Act shall be programs expressed in any form, 
including preparatory desi gn materials for their creation.  
(2) Ideas and principles which underlie an element of a computer program, 
including those which underlie its interfaces, shall not be protected.  
(3) Computer programs shall be protected if they are individual works in the s ense 
that they are their author’s own intellectual creations.  
Employment and the contract to commission a copyright work  
Article 112  
Where a computer program is created by an employee in the execution of his 
duties or following instructions given by his em ployer, or where it is created by an author 
under a contract to commission a copyright work, it shall be deemed that the economic rights 
and other rights of the author to such a program are transferred to the employer or person commissioning the work, excl usively and without limitations, unless otherwise provided by 
contract.  
Rights of the author  
Article 113  
(1) Unless otherwise provided in Articles 114 and 115 of this Act, the author of  a 
computer program shall have the exclusive right, in particular:  
1. to make permanent or temporary reproductions of a computer program by any means 
and in any form, this in part or in whole. Insofar as loading, displaying, running, 
transmission or storage of the computer program necessitate its reproduction, the 
author’s permi ssion shall be necessary for such acts;  
2. to make translations, adaptations, arrangements and any other alterations of a computer 
program and the reproduction of the results thereof, this without prejudice to the rights of 
the person who alters the program;  
3. to distribute the original of the computer program or copies thereof in any form, including 
its rental.  
(2) The author may also transfer the rights referred to in the preceding paragraph 
to third parties with a licence agreement.  
Limitations to the author’s rights  
Article 114  
(1) Unless otherwise provided by contract, the acts referred to in points 1 and 2 of  
the preceding Article, including error corrections, may be done by the lawful acquirer of  the 
computer program without the authorisation of the author if this is necessary f or the use of 
the computer program in accordance with its intended purpose.  
(2) A lawful user of a computer program may, without the authorisation of the 
author, make a maximum of two back -up copies of the program if this is necessary for its 
use. 
(3) A lawful user of a copy of a computer program may, without the authorisation 
of the author, observe, study or test the functioning of the program in order to determine the 
ideas and principles that underlie any  element of the program if he does so while performing 
any of the acts of loading, displaying, running, transmitting or storing the program which he is 
entitled to do.  
(4) The provisions of this Act relating to the right of withdrawal (Article 20) and to 
reproduction for private or other internal use (Articles 37 to 39 and Article 50) shall not apply 
to computer programs. Computer programs may not be lent publicly (Article 36) unless 
otherwise provided by a contract with the author.  
(5) Contractual stipulat ions that are contrary to paragraphs two and three of this 
Article shall be null and void.  
Decompilation  Article 115  
(1) Reproduction of the code or translation of the code of a computer program 
within the meaning of points 1 and 2 of Article 113 of this A ct shall not require the 
authorisation of the author where such reproduction or translation is indispensable for 
obtaining the information necessary to achieve the interoperability of an independently 
created computer program with other programs, or with h ardware, provided that the following 
conditions are met:  
1. that these acts are performed by the licensee or by another lawful user or on their behalf 
by a person authorised to do so;  
2. that the information necessary to achieve interoperability has not been pre viously readily 
available to the persons referred to in the preceding point; and  
3. that these acts are confined only to those parts of the pre -existing program which are 
necessary to achieve interoperability.  
(2) The information obtained through the applicat ion of the preceding paragraph 
may not be:  
1. used for goals other than to achieve the interoperability of the independently created 
computer program;  
2. given to third parties, except when necessary for the interoperability of the independently 
created computer  program; or  
3. used for the development, production or marketing of another computer program 
substantially similar in its expression or for any other act that infringes copyright.  
(3) The provisions of this Article may not be interpreted in such a way as to allow 
its application to be used in a manner that unreasonably prejudices legitimate interests of the 
author or conflicts with any normal use of the computer program.  
(4) Any contractual stipulation contrary to this Article shall be null and void.  
Special measures of protection  
Article 116  
The following acts of a person shall be considered as infringements of copyright in 
a computer program:  
1. any distribution of a copy of a computer program in the knowledge or having reason to 
believe that it is an infringin g copy or  
2. the possession, for commercial purposes, of a copy of a computer program in the 
knowledge or having reason to believe that it is an infringing copy.  
Application of other legal provisions  
Article 117  
The provisions of this Section shall be without prejudice to any other legal 
provisions on computer programs, such as those concerning patents, trademarks, protection 
of competition, trade secrets, protection of semi -conductor products or contractual 
obligations.  
Chapter Five  RELATED RIGHTS  
Section 1  
RIGHTS OF PERFORMERS  
Definition  
Article 118  
(1) "Performers" shall mean actors, singers, musicians, dancers and other persons 
who act, sing, deliver, recite, play in, interpret or otherwise perform copyright works or 
expressions of folklore.  
(2) Directors of theatrical presentations, conductors of orchestras, choir directors, 
sound editors, and variety and circus artists shall also be deemed to be performers under the 
preceding paragraph.  
Representative of a group of performers  
Article 119  
(1) Per formers who collectively take part in a performance, such as members of an 
orchestra, choir, dancing troupe, theatrical group or other similar ensemble, shall authorise 
one of their members to be their representative responsible for the granting of authori sations 
necessary for the performance.  
(2) To take effect, such authorisation shall be in writing and shall require the 
majority consent of all members of the ensemble.  
(3) The provisions of the two preceding paragraphs shall not apply to conductors, 
soloists or directors of theatrical performances.  
Moral rights of performers  
Article 120  
(1) The exclusive right of performers to have their name or other designation 
indicated in connection with the performance shall be enjoyed:  
1. where the performances are give n by solo performers – by such performers;  
2. where performances are given by ensembles of performers – by the ensemble as a 
whole, by the artistic director and by the soloists.  
(2) Performers shall have the exclusive right to object to any distortion or othe r 
modification of their performance or any use of their performance if such modification or use 
could be prejudicial to their person.  Economic rights of performers  
Article 121  
Performers shall have the exclusive right:  
1. to fix their live performance;  
2. to reproduce the phonograms or videograms containing their performance;  
3. to publicly transmit their live performance;  
4. to broadcast their live performance;  
5. to make available to the public the phonograms or videograms containing their 
performance;  
6. to dist ribute the phonograms or videograms containing their performance;  
7. to rent out phonograms or videograms containing their performance.  
The right to remuneration for the communication to the public of a phonogram  
Article 122  
A performer shall have the right to a part of the remuneration received by the 
phonogram producer for the public communication of a phonogram in which his performance 
is fixed.  
Termination of the contract on transfer of rights  
Article 122a  
(1) If a performer requests termination of the co ntract by which he transferred 
economic rights under Article 83 of this Act because the phonogram producer, within 50 
years of the phonogram being lawfully published or, in the absence of such publication, 
within 50 years of it being lawfully communicated to the public, has not offered copies of the 
phonogram for sale in sufficient quantity or has not made it available to the public, by wire or 
wireless means, in such a way that members of the public may access it from a place and at 
a time individually cho sen by them, the additional period of time referred to in paragraph 
three of Article 83 of this Act shall be one year.  
(2) If the phonogram producer, within the time limit referred to in the preceding 
paragraph, fails to carry out both of the acts of explo itation referred to therein, the performer 
may exercise the right to terminate the contract on transfer of economic rights.  
Annual supplementary remuneration  
Article 122b  
(1) Where a contract on transfer of economic rights gives the performer the right to 
claim a non -recurring remuneration, the performer shall have the right to obtain an annual 
supplementary remuneration from the phonogram producer for each full year immediately 
following the 50th year after the phonogram was lawfully published or, in the a bsence of such 
publication, the 50th year after it was lawfully communicated to the public. The performer 
may not waive the right to such remuneration.  (2) The total amount to be set aside by a phonogram producer for payment of  the 
annual supplementary rem uneration referred to in the preceding paragraph shall correspond 
to 20 % of the revenue which the phonogram producer has derived during the year preceding 
that for which said remuneration is paid from the reproduction, distribution and making 
available of  the phonogram in question following the 50th year after it was lawfully published 
or, in the absence of such publication, the 50th year after it was lawfully communicated to the 
public.  
(3) Phonogram producers shall be required on request to provide to performers 
who are entitled to the annual supplementary remuneration referred to in paragraph one of  
this Article any information which may be necessary in order to secure payment of that 
remuneration.  
Recurring remuneration  
Article 122c  
Where a  performer is entitled to recurring payments of remuneration in 
accordance with the contract on transfer of economic rights, neither advance payments nor 
any contractually defined deductions shall be deducted from the payments made to the 
performer followi ng the 50th year after the phonogram was lawfully published or, in the 
absence of such publication, the 50th year after it was lawfully communicated to the public.  
The right to remuneration  
Article 123  
(1) A performer shall have the right to remuneration for the reproduction for private 
or other internal use under paragraph two of Article 37 of this Act.  
(2) Where the performer has transferred to the phonogram producer the right to 
rent out phonograms containing his performance, the phonogram producer shall pay the 
performer fair compensation for this. The performer may not waive the right to fair 
compensation.  
Presumption of transfer  
Article 124  
(1) By entering into a contract for film production, a performer shall be presumed 
to have transfer red to the film producer, exclusively and without limitations, all economic 
rights in his performance unless otherwise provided by contract.  
(2) For each economic right which was transferred under the preceding paragraph, 
the performer shall have the right  to demand equitable remuneration from the film producer.  
(3) The performer may not waive the right referred to in the preceding paragraph.  
Completion of an audiovisual work  Article 125  
When any of the performers involved refuses to complete his contributi on to an 
audiovisual work or if he is unable to do so owing to force majeure, he may not object to the 
use of the contribution he has already made for the purpose of completion of such work. 
Such a performer shall have respective rights as to the contribut ion he has already made.  
Performance given in the course of employment  
Article 126  
Where a performance is given by an employee in the execution of his duties or 
following instructions given by his employer (performance in the course of employment), the 
relationships with respect to such performance shall be governed by a collective agreement 
or other contract.  
Duration of rights  
Article 127  
The rights of a performer shall expire 50 years after the date of the performance. If 
a fixation of the performance ot herwise than on a phonogram is lawfully published or lawfully 
communicated to the public within this period, the rights of the performer shall expire 50 
years from the date of the first such publication or the first such communication to the public, 
whiche ver is the earlier. If a fixation of the performance on a phonogram is lawfully published 
or lawfully communicated to the public within this period, the rights shall expire 70 years from 
the date of the first such publication or the first such communicatio n to the public, whichever 
is the earlier.  
Section  2 
RIGHTS OF PRODUCERS OF PHONOGRAMS  
Producers of phonograms  
Article 128  
(1) "Producer of a phonogram" shall mean a natural person who, or a legal person 
which, takes the initiative and has the responsibili ty for the first fixation of the sounds of a 
performance or other sounds or the representations of sounds.  
(2) "Phonogram" shall mean a fixation of the sounds of a performance or of other 
sounds or of a representation of sounds other than in the form of a fixation incorporated in an 
audiovisual work.  
(3) "Fixation" shall mean the embodiment of sounds or of representations thereof 
on a medium from which they can be perceived, reproduced or communicated via a device.  Rights of producers of phonograms  
Article 129  
Producers of phonograms shall have the exclusive right:  
1. to reproduce their phonograms;  
2. to transform their phonograms;  
3. to distribute their phonograms;  
4. to rent out their phonograms;  
5. to make their phonograms available to the public.  
The right to remuneration for the communication to the public of a phonogram  
Article 130  
(1) If a phonogram published for commercial purposes or a copy thereof is used 
for broadcasting or for any other commun ication to the public, the user shall pay to the 
producer of phonograms a single equitable remuneration for each such communication.  
(2) The producer of phonograms shall pay half the remuneration referred to in the 
preceding paragraph to the performers who se performances are fixed on the phonogram 
used, unless different shares are stipulated by the contract between the producers of 
phonograms and the performers.  
(3) For the purposes of this Article, phonograms made available to the public in 
such a way that  members of the public may access them from a place and at a time 
individually chosen by them shall be considered as phonograms published for commercial 
purposes.  
The right to remuneration  
Article 131  
A producer of phonograms shall have the right to remune ration for the 
reproduction for private or other internal use under paragraph two of Article 37 of this Act.  
Duration of rights  
Article 132  
The rights of producers of phonograms shall expire 50 years after the fixation is 
made. If the phonogram is lawfully  published within this period, the rights shall expire 70 
years from the date of the first such publication. If no such publication has taken place and if  
the phonogram has been lawfully communicated to the public within this period, said rights 
shall expi re 70 years from the date of the first such communication to the public.  
Section  3 RIGHTS OF FILM PRODUCERS  
Film producers  
Article 133  
"Film producer" shall mean a natural person who or a legal person which, in their 
own name and for their own account or f or somebody else’s account, organises and 
manages the production of an audiovisual work or of a sequence of moving images and has 
the responsibility for its completion.  
Rights of film producers  
Article 134  
Film producers shall have the exclusive right:  
1. to reproduce their videograms;  
2. to distribute their videograms;  
3. to rent out their videograms;  
4. to present their videograms to the public;  
5. to make their videograms available to the public.  
The right to remuneration  
Article 135  
A film producer shall have the right to remuneration for the reproduction for private 
or other internal use under paragraph two of Article 37 of this Act.  
Duration of rights  
Article 136  
The rights of a film producer shall expire 50 years after the fixation is made. If a 
videogram is  lawfully published or lawfully communicated to the public within this period, the 
rights of the film producer shall expire 50 years from the date of the first such publication or 
the first such communication to the public, whichever is the earlier.  
Sectio n 4 
RIGHTS OF BROADCASTING ORGANISATIONS  
Rights of broadcasting organisations  Article 137  
Broadcasting organisations shall have the exclusive right:  
1. to rebroadcast their broadcasts;  
2. of secondary broadcasting of their broadcasts if such communication is mad e in places 
accessible to the public on payment of an admission fee;  
3. to fix their broadcasts;  
4. to reproduce the fixations of their broadcasts;  
5. to distribute the fixations of their broadcasts;  
6. to make their broadcasts available to the public.  
Duration of rig hts 
Article 138  
The rights of broadcasting organisations shall expire 50 years after the first 
transmission of a broadcast.  
Section  5 
RIGHTS OF PUBLISHERS  
The right to remuneration  
Article 139  
(1) Publishers shall have the right to remuneration for the reproduction for private 
or other internal use under paragraph three of Article 37 of this Act.  
(2) The right referred in the preceding paragraph shall expire 50 years from the 
date of the lawful publication of the work.  
Unpublished works in the public dom ain 
Article 140  
(1) A person who for the first time lawfully publishes or lawfully communicates to 
the public a previously unpublished work in which copyright has expired shall benefit from 
protection equivalent to the economic rights of the author and oth er rights of the author under 
this Act.  
(2) The rights referred to in the preceding paragraph shall expire 25 years from the 
date of the first lawful publication or communication to the public of the work.  
Critical and scientific publications of works in t he public domain  Article 141  
(1) A person who prepares a publication of a work in which copyright has expired 
and which is the result of scientific work, with such publication being significantly different 
from previously known publications of such work, s hall benefit from protection equivalent to 
the economic rights of the author and other rights of the author under this Act.  
(2) The rights referred to in the preceding paragraph shall expire 30 years from the 
date of the first lawful publication of the wor k. 
Section  6 
RIGHTS OF MAKERS OF DATABASES  
Databases  
Article 141a  
(1) "Database" shall mean a collection of independent works, data or other 
materials in any form, arranged in a systematic or methodical way and individually accessible 
by electronic or other means and requiring a qualitatively or quantitatively substantia l 
investment in either the obtaining, the verification or the presentation of its contents.  
(2) The protection of a database or its contents under this Section shall apply 
regardless of their protection by copyright or by other rights. The inclusion of ma terial into a 
database and its use shall be without prejudice to rights existing in respect of that material.  
Scope of protection  
Article 141b  
(1) Protection under this Section shall apply to:  
1. the whole contents of a database;  
2. any qualitatively or quantitatively substantial part of the contents of a database;  
3. the repeated and systematic use of qualitatively or quantitatively insubstantial parts of 
the contents of a database which conflicts wit h normal exploitation of that database or 
unreasonably prejudices the legitimate interests of the maker of the database.  
(2) Protection under this Section shall not apply to computer programs used in the 
making or operation of electronic databases.  
Rights  of makers of databases  
Article 141c  
Makers of databases shall have the exclusive right:  
1. to reproduce their database;  
2. to distribute copies of their database;  3. to rent out copies of their database;  
4. to make their database available to the public;  
5. to othe r forms of communication to the public of their database.  
Rights and obligations of lawful users  
Article 141d  
(1) A lawful user of a disclosed database or a copy thereof shall be free to use 
qualitatively or quantitatively insubstantial parts of its conten ts for any purposes whatsoever. 
Where the user is authorised to use only a part of the database, the provision of this Article 
shall apply only to that part.  
(2) A lawful user of a disclosed database or a copy thereof may not perform acts 
which conflict w ith normal exploitation of that database or which unreasonably prejudice the 
legitimate interests of the maker of the database.  
(3) A lawful user of a disclosed database or a copy thereof may not cause 
prejudice to the copyright or related rights in respe ct of the works or subject matter contained 
in that database.  
(4) Any contractual stipulation contrary to this Article shall be null and void.  
Employment and contracts for work  
Article 141e  
Where a database is made by an employee in the execution of his d uties or 
following instructions given by his employer, or where it is made by a person under a contract 
for work, it shall be deemed that the exclusive rights to such a database are exclusively and 
without limitations transferred to the employer or to the commissioning party, unless 
otherwise provided by contract.  
Duration of rights  
Article 141f  
(1) The rights of a maker of databases shall last for 15 years from the completion 
of the making of a database. If the database is lawfully disclosed within this pe riod, the rights 
shall last for 15 years from the first such disclosure.  
(2) Any qualitatively or quantitatively substantial change to the contents of a 
database which results in the database being considered a substantial new investment, 
evaluated qualit atively or quantitatively, shall qualify the database resulting from that 
investment for a new term of protection. A substantial change to contents shall also include 
an accumulation of successive additions, deletions or alterations of the database.  
Limitations to the rights of a maker of databases  Article 141g  
(1) Lawful users of a published database shall be free to use a substantial part of  
its contents:  
1. for the purposes of teaching, provided that the conditions of Article 49 of this Act are 
fulfilled;  
2. for private or other internal use of the contents of a n on-electronic database, provided 
that the conditions of Article 50 of this Act are fulfilled.  
(2) The use of a database shall be free if this is necessary in certain special cases 
for the performance of tasks relating to public security or the performance  of any official 
procedures, such as procedures in the National Assembly of the Republic of Slovenia or the 
National Council of the Republic of Slovenia, or judicial proceedings or administrative or 
arbitration procedures.  
Chapter Six  
MANAGEMENT AND ENFORC EMENT OF RIGHTS  
(Ceased to be in force)  
Section 1  
GENERAL PROVISIONS  
Author and agent  
Article 142  
(Ceased to be in force ) 
Individual and collective enforcement  
Article 143  
(Ceased to be in force ) 
Scope of management through an agent  
Article 144  
(Ceased to be in force ) 
Related rights  
Article 145  
(Ceased to be in force ) Section  2 
COLLECTIVE MANAGEMENT  
Activities of collective management organisations  
Article 146  
(Ceased to be in force ) 
Mandatory collective management  
Article 147  
(Ceased to be in force ) 
Application for the issue of authorisation  
Article 148  
(Ceased to be in force ) 
Grounds for refusal  
Article 149  
(Ceased to be in force ) 
The issue of authorisation  
Article 150  
(Ceased to be in force ) 
Contract with the author  
Article 151  
(Ceased to be in force ) 
Obligation to manage rights collectively  
Article 152  
(Ceased to be in force ) 
Rules for the distribution of revenue  Article 153  
(Ceased to be  in force ) 
Special case of distribution  
Article 154  
(Ceased to be in force ) 
Obligation to provide information  
Article 155  
(Ceased to be in force ) 
Tariff  
Article 156  
(Ceased to be in force ) 
Joint agreement  
Article 157  
(Ceased to be in force ) 
Procedure before the Board  
Article 157a  
(Ceased to be in force ) 
The Board’s decision  
Article 157b  
(Ceased to be in force ) 
Costs of the procedure before the Board  
Article 157c  
(Ceased to be in force ) 
Judicial protection against the Board’s decisions  
Article 157d  (Ceased to be in force ) 
The Board  
Article 157e  
(Ceased to be in force ) 
Organisation of the Board  
Article 157f  
(Ceased to be in force ) 
Obligation to contract  
Article 158  
(Ceased to be in force ) 
Obligation of users to provide information  
Article 159  
(Ceased to be in force ) 
Supervision by members  
Article 160  
(Ceased to be in force ) 
Annu al reports and audits  
Article 161  
(Ceased to be in force ) 
Supervision by the competent authority  
Article 162  
(Ceased to be in force ) 
Measures in the case of infringements by collective management organisations  
Article 162a  
(Ceased to be in force ) Mediation  
Article 163  
(Ceased to be in force ) 
Arbitration  
Artic le 163a  
(Deleted)  
Chapter Seven  
PROTECTION OF RIGHTS  
Section 1  
GENERAL PROVISIONS  
Beneficiaries  
Article 164  
(1) A person whose rights under this Act have been infringed (a beneficiary) may 
seek the protection of his rights and claim compensation for damage from the infringer or 
infringers in accordance with the rules on the causing of damage, unless otherwise provided 
by this Act.  
(2) The same protection may be sought by a beneficiary when there is an actual 
risk that an infringement of the rights under this Act will occur.  
Severally bound beneficiaries and infringers  
Article 165  
(1) Where there are several beneficiaries of a right under this Act, each of them 
may seek the protection of this right in its entirety.  
(2) Where there are several infringers of a right under this Act, each of them is 
liable for the infringement in its entirety.  
Protection of rights -management information  
Article 166  (1) It shall be deemed that a person infringes the exclusive rights under this Act 
when h e, without authorisation, commits any of the following acts by which he induces, 
enables, facilitates or conceals infringements of the rights under this Act:  
1. the removal or alteration of any electronic rights -management information;  
2. the reproduction, dis tribution, importation for distribution, rental or communication to the 
public of a copyright work or subject matter of related rights in relation to which electronic 
rights -management information has been removed or altered without authorisation.  
(2) "Ri ghts-management information" referred to in the preceding paragraph shall 
mean any information provided by right -holders on the identification of the subject matter of  
rights, the author, the right -holder, and the terms and conditions for use and their rel evant 
numbers and codes when they are indicated on a copy of a copyright work or subject matter 
of related rights or when they appear in connection with their communication to the public.  
Technological measures  
Article 166a  
(1) It shall be deemed that a pe rson infringes the exclusive rights under this Act 
when they circumvent effective technological measures designed to protect copyright works 
or subject matters of related rights.  
(2) It shall be deemed that a person infringes the exclusive rights under th is Act 
when he manufactures, imports, distributes, sells, rents out, advertises for sale or rental, or 
possesses for commercial purposes technologies, devices, products, components or 
computer programs or provides services which:  
1. are promoted, advertised or marketed for the purpose of the circumvention of  effective 
technological measures;  
2. have only a limited commercially significant purpose or use other than to circumvent 
effective technological measures; or  
3. are primarily designed, produced, adapted or p erformed for the purpose of  enabling or 
facilitating the circumvention of effective technological measures.  
(3) "Technological measures" under this Article shall mean any technology, 
device, product, component or computer program that, in the normal cours e of its operation, 
is designed to prevent or restrict acts which are not authorised by the holder of rights under 
this Act. These measures shall be deemed "effective" where the use of a protected work is 
controlled by the right -holders under this Act thro ugh the application of an access -control or 
protection process, such as encryption, scrambling or other transformation of the protected 
work, or a copy -control mechanism which achieves the protection objective.  
(4) This Article shall also apply, mutatis m utandis , to any technology, device, 
product, component or computer program by which electronic rights -management 
information is removed or altered (Article 166).  
(5) The acts referred to in the preceding paragraphs shall not be deemed 
infringements if they are carried out in certain special cases of performance of tasks relating 
to public security or the performance of any official procedures, such as procedures in the 
National Assembly of the Republic of Slovenia or the National Counci l of the Republic of 
Slovenia, or judicial proceedings or administrative or arbitration procedures.  
Obligation to use markings  Article 166b  
In the case of the use of technological measures under this Act, the right -holder or 
importer shall put a clearly visible marking on each copy of a copyright work or subject matter 
of related rights manufactured or imported for commercial purposes indicati ng:  
1. information on the technological measure and its effects and  
2. his registered name and address in order to ensure an effective implementation of 
paragraph one of Article 166c of this Act.  
Application of limitations to rights  
Article 166c  
(1) A right -holder who uses technological measures pursuant to this Act shall 
provide, on request and within the shortest time possible, those persons having legal access 
to a copy of a copyright work or the subject matter of related rights with the means to apply 
the l imitations to rights referred to in paragraph three of this Article by modifying a 
technological measure or by other means.  
(2) If the right -holder fails to secure the means referred to in the preceding 
paragraph, the persons seeking to apply the limitati ons on rights may request mediation.  
(3) Limitations to rights pursuant to paragraph one shall be applied, subject to 
conditions laid down by this Act, including any payment of remuneration, in the following 
cases:  
1. use for the benefit of people with disa bilities and beneficiary persons (Article 48a) ;  
2. use for the purposes of teaching (Article 49);  
3. reproduction for private and other internal use (Article 50);  
4. official procedures (Article 56);  
5. ephemeral fixations made by broadcasting organisations (parag raph two of Article 77).  
(4) Paragraphs one, two and three of this Article shall not apply to technological 
measures that are used for:  
1. the fulfilment of a right -holder’s obligation under paragraph one of this Article, including 
the implementation of app ropriate contracts concluded for this purpose;  
2. protected works that are used, on the basis of an appropriate contract, within the 
meaning of Article 32a of this Act.  
Section  2 
JUDICIAL PROTECTION  
Claims  
Article 167  
(1) When the exclusive rights under this  Act are infringed, the beneficiary may 
request that:  
1. the infringement and any future infringements be prohibited;  2. the infringing goods be recalled from the channels of commerce, taking account of  the 
interests of bona fide third parties;  
3. the situation caused by the infringement be rectified;  
4. the infringing goods be irrevocably removed from the channels of commerce;  
5. the infringing goods be destroyed;  
6. the means of the infringement that are owned by the infringer and are intended or used 
exclusively or principally for the infringement be destroyed;  
7. the infringing goods be given to the beneficiary on payment of the costs of their 
production;  
8. the judgmen t be published.  
(2) In deciding on the claims referred to in points 2 to 7 of the preceding 
paragraph, the court shall take account of all circumstances of the case, in particular 
proportionality between the gravity of the infringement and the claim and t he interest of  the 
beneficiary in ensuring the effective protection of rights. The provisions of points 3 and 5 of  
the preceding paragraph shall not apply to built architectural structures, unless the 
destruction of such structures is appropriate consideri ng the circumstances of the case.  
(3) In proceedings against a person whose services have been used to infringe a 
right, and where the existence of such an infringement has already been finally established in 
proceedings against a third party, it shall be  deemed that the infringement exists.  
Compensation for damage and punitive damages  
Article 168  
(1) Infringements under this Act shall be subject to general rules governing the 
causing of damage, unless otherwise provided by this Act.  
(2) The infringer sha ll be obliged to pay to the beneficiary compensation in the 
amount defined under general rules on compensation for damage or in an amount that is 
equal to the agreed or customary royalties or remuneration for lawful use of such kind.  
(3) If a right under this Act was infringed intentionally or as a result of gross 
negligence, the beneficiary may claim the payment of the agreed or customary royalties or 
remuneration for such use, increased by up to 200%, irrespective of whether he suffered any 
actual pecuni ary damage because of the infringement.  
(4) In deciding on the claim for the payment of the punitive damages and in setting 
their amount, the court shall take into account all circumstances of the case, in particular the 
degree of culpability of the infri nger, the amount of the agreed or customary royalties or 
remuneration, and the preventive purpose of the punitive damages.  
(5) If the pecuniary damage exceeds the amount of the punitive damages, the 
beneficiary shall have the right to claim the difference  up to the value of full compensation.  
Monetary satisfaction for non -pecuniary damage  
Article 169  
Irrespective of any compensation for pecuniary damage, or even if there is no 
pecuniary damage suffered, the court may award to an author or a performer fair monetary compensation for the mental anguish and suffering endured as a result of the infringement of 
his moral rights if it finds that the circumstances of the case, and especially the degree of 
suffering and its duration, so dictate.  
Interim injunctions  
Article 170  
(1) The court shall issue an interim injunction to secure non -monetary claims 
under this Act if the beneficiary shows that there are probable grounds for believing that:  
1. he is a right -holder under this Act and  
2. his right has been infringed or that there is an actual risk that it will be infringed.  
(2) The beneficiary shall also show that there are probable grounds for believing:  
1. that there is a risk that the enforcement of claims will be made impossible or rather 
difficult;  
2. that the injunction is necessary to prevent damage difficult to repair; and  
3. that, in the event that the injunction is issued but subsequently proves unfounded in the 
course of the proceedings, the ha rm to the alleged infringer would not be greater than 
the harm to the beneficiary if such an injunction were not to be issued.  
(3) A beneficiary who proposes the issuing of an interim injunction without prior 
notification or hearing of the opposite party shall show, in addition to the requirements of 
paragraphs one and two, that there are probable grounds for believing that any delay in 
issuing the interim injunction would cause him damage difficult to repair. In this case, the 
opposite party shall be noti fied no later than immediately after the execution of the injunction.  
(4) The beneficiary shall not be obliged to prove that there is a risk that the 
enforcement of claims will be made impossible or rather difficult if he shows that there are 
probable gro unds for believing that the proposed injunction would cause the infringer only 
negligible damage. Such a risk shall be deemed to exist when the claims are to be enf orced 
abroad, unless a claim is to be enforced in another Member State of the European Union .  
(5) To secure non -monetary claims under paragraph one of this Article, the court 
may issue any interim injunction with which the purpose of security can be achieved, in 
particular:  
1. to prohibit the alleged infringer from continuing the alleged infringem ent or from any 
future infringements;  
2. to seize, remove from circulation and take into custody the infringing goods and the 
means of the infringement that are intended or used exclusively or principally for the 
infringement.  
(6) The court shall decide on an objection to the decision on the interim injunction 
within 30 days of the date of filing the response to the objection or of the expiry of  the time 
limit for filing the response to the objection.  
(7) The provisions of the law governing claim enforcement and security shall apply 
to proceedings for the issuing of an interim injunction, unless otherwise provided by this Act. 
The proceedings shall be urgent.  
Preservation of evidence  Article 171  
(1) The court shall issue an order to preserve eviden ce if the beneficiary has 
presented reasonably available evidence to support his claim:  
1. that he is a right -holder under this Act;  
2. that his right has been infringed or that there is an actual risk that it will be infringed; and  
3. that evidence of the infri ngement will be destroyed or that it will be impossible to take 
such evidence at a later time.  
(2) A beneficiary who requests the issuing of an order to preserve evidence 
without prior notification or hearing of the opposite party shall show, in addition to the 
requirements of paragraph one, that there are probable grounds for believing that there is a 
risk of evidence of the infringement being destroyed as the result of the conduct of the 
opposite party or that it will be impossible to take such evidence at a later time. In this case, 
the opposite party shall be notified no later than immediately after the execution of the order.  
(3) The court may issue an order referred to in paragraph one of this Article to take 
any evidence in particular:  
1. to inspect p remises, business documents, inventories, databases, computer memory 
units or other items;  
2. to seize samples of the infringing goods;  
3. to examine and seize documents;  
4. to appoint and examine experts; and  
5. to examine witnesses.  
(4) The preservation of evidence may also be requested after the decision by 
which the proceedings are completed has become final if this is necessary before or during 
proceedings with extraordinary legal remedies.  
(5) The provisions of the law governing claim enforcement and security relating to 
interim injunctions shall apply, mutatis mutandis , to the proceedings for the preservation of  
evidence under this Article, unless otherwise provided by this Act. The proceedings shall be 
urgent.  
(6) Where it is s ubsequently found that the request for the preservation of 
evidence was unfounded or that the beneficiary did not justify it, the opposite party shall have 
the right to request:  
1. the return of the seized objects;  
2. the prohibition of the use of information obtained; and  
3. compensation for damage.  
(7) In the proceedings for the preservation of evidence under this Article, the court 
shall ensure that confidential information from the parties is protected and that judicial 
proceedings are not used in bad faith with the sole purpose of obtaining confidential 
information from the opposite party.  
Obligation to provide information  
Article 172  
(1) In proceedings concerning an infringement of rights, the court may, upon a 
justified request by a party, order that infor mation on the origin and distribution networks of  the goods or services which infringe a right referred to this Act be provided by the alleged 
infringer.  
(2) The court may order that information referred to in the preceding paragraph be 
also provided by a ny person who:  
1. possesses the infringing goods on a commercial scale;  
2. uses the infringing services on a commercial scale; or  
3. provides on a commercial scale services used in infringing activities. An act shall be 
deemed to be carried out on a commercial s cale if it is carried out for direct or indirect 
economic advantage.  
(3) The court may order that information referred to in paragraph one of this Article 
be also provided by a person who was indicated by the person referred to in the preceding 
paragraph as being involved in the production, manufacture or distribution of the goods or 
the provision of the services.  
(4) The information referred to in paragraph one may comprise:  
1. the names and addresses or registered names and registered offices of the produ cers, 
manufacturers, distributors, suppliers and other previous holders of the goods or 
providers of services and any intended wholesalers and retailers and  
2. information on quantities produced, manufactured, delivered, received or ordered and on 
the price obtained for the goods or services in question.  
Presentation of evidence  
Article 173  
(1) If the court decides to take the proposed evidence and the evidence is in the 
possession of the opposite party, that party shall present such evidence at the request of the 
court.  
(2) The preceding paragraph shall also apply to banking, financial and commercial 
documents under the control of the opposite party if the infringement was committed on a 
commercial scale.  
(3) The provisions of the law governing contentious civil procedure shall apply to 
the proceedings for the presentation of evidence, unle ss otherwise provided by this Act.  
(4) After the taking of evidence referred to in paragraph one of this Article, the 
court shall ensure that confidential information from the parties to the proceedings is 
protected and that judicial proceedings are not u sed in bad faith with the sole purpose of 
obtaining confidential information from the opposite party.  
Section  3 
MEASURES TO ENSURE PROTECTION  
Register  
Article 174  (1) To preserve the evidence or for other reasons, the holders of rights under this 
Act may e nter the originals or copies of their works, phonograms, videograms or subject 
matters of some other right in the register kept by the competent organisation, or they may 
deposit them with such an organisation.  
(2) Until proven otherwise, it shall be deeme d that the rights in registered works 
exist and belong to the person designated in such a register as their holder.  
(3) There shall be one public register for a given category of works for the whole 
state; this shall be kept by an organisation that has bee n authorised for that purpose by the 
Office.  
(4) In the event of doubt as to whether a given work is a copyright work, the 
organisation referred to in the preceding paragraph shall give an opinion.  
(5) The provisions of this Article shall not affect the ex istence or protection of rights 
under this Act.  
Symbols and notices of reserved exclusive rights  
Article 175  
(1) Holders of the exclusive author’s rights under this Act shall have the right to put 
a notice on the original or copies of their works consistin g of the symbol © accompanied by 
their name or registered name and the year of first disclosure.  
(2) Holders of exclusive rights to phonograms under this Act shall have the right to 
put a notice on the original or copies of their published phonograms or on  their containers 
consisting of the symbol P accompanied by their name or registered name and the year of 
first publication.  
(3) Until proven otherwise, it shall be deemed that the exclusive rights in works or 
phonograms that bear notices referred to in th is Article exist and belong to the person 
designated therein.  
(4) The provisions of this Article shall not affect the existence or protection of rights 
under this Act.  
Chapter Eight  
RELATIONS WITH FOREIGN ELEMENTS  
General  
Article 176  
(1) Authors and holders of related rights who are citizens of the Republic of 
Slovenia or another Member State of the European Union or have their permanent residence 
or registered office in the Republic of Slovenia shall be entitled to protection under this Act.  (2) Other foreign natural or legal persons (foreigners) shall be entitled to the same 
protection as persons referred to in the preceding paragraph if an international agreement or 
this Act so provides or if factual reciprocity exists.  
(3) Notwithstanding the p rovisions of this Chapter, foreigners shall be entitled to 
protection under this Act:  
1. with respect to moral rights – in any case;  
2. with respect to the resale right and the right to remuneration for the reproduction for 
private or other internal use – only i f factual reciprocity exists.  
(4) Reciprocity shall be proved by the person basing his claims upon it.  
(5) The provision of this Act relating to the Member States of the European Union 
shall also apply to the Member States of the European Economic Area.  
Authors  
Article 177  
(1) Protection under this Act shall be enjoyed by authors:  
1. who are domiciled  in the Republic of Slovenia;  
2. with respect to their works published for the first time in the Republic of Slovenia or 
within 30 days of their publication in anoth er country;  
3. with respect to audiovisual works the producer of which has his registered office or 
residence in the Republic of Slovenia;  
4. with respect to works of architecture and works of fine art which are, as immovable 
property or as fixed and integral pa rts of immovable property, located on the territory of 
the Republic of Slovenia.  
(2) If a copyright work was created by several authors, all of them shall be entitled 
to protection under this Act if at least one the authors meets one of the conditions refe rred to 
in the preceding paragraph.  
Performers  
Article 178  
(1) Protection under this Act shall be enjoyed by performers:  
1. who are domiciled  in the Republic of Slovenia;  
2. whose performances take place on the territory of the Republic of Slovenia;  
3. whose perfor mances are fixed on phonograms that are protected under this Act;  
4. whose  performances are incorporated, without having been fixed on phonograms, in 
broadcasts of broadcasting organisations that are protected under this Act.  
(2) If several performers take part in a performance, all of them shall be entitled to 
protection under this Act if at least one of the performers is a citizen of the Republic of 
Slovenia or has his residence in the Republic of Slovenia.  
Producers of phonograms, film producers and publishers  Article 179  
(1) Producers of phonograms and film producers whose ph onogram or videogram 
was for the first time fixed in the Republic of Slovenia shall enjoy protection under this Act.  
(2) Publishers shall also enjoy protection under this Act with respect to their 
related rights if their edition was published in the Republ ic of Slovenia for the first time or 
within 30 days of its publication in another country.  
Broadcasting organisations  
Article 180  
Broadcasting organisations that broadcast from transmitters located on the 
territory of the Republic of Slovenia shall enjoy p rotection under this Act.  
Comparison of terms of protection  
Article 181  
The terms of protection laid down in this Act shall apply to foreign holders of 
related rights who enjoy protection under this Act; however, they shall expire no later than on 
the day of expiry of protection in the country of which these holders are citizens, or where 
their registered office is located, and may not exceed the terms under this Act.  
Communication to the public by satellite  
Article 182  
(1) Authors and holders of related rights whose work or subject matter of  related 
rights is communicated to the public by satellite shall enjoy protection under this Act if, in the 
Republic of Slovenia, the relevant programme -carrying signals are introduced under the 
control and res ponsibility of a broadcasting organisation into an uninterrupted chain of 
communication leading to the satellite and back down to Earth.  
(2) The protection under this Act shall also apply if the condition referred to in the 
preceding paragraph is not fulfi lled but  
1. the uplink station from which programme -carrying signals are transmitted is located in 
the Republic of Slovenia or  
2. the broadcasting organisation that commissioned the communication to the public by 
satellite has its registered office in the Repub lic of Slovenia.  
Stateless persons and refugees  
Article 183  (1) Authors and holders of related rights who have no citizenship or whose 
citizenship cannot be determined shall enjoy the same protection under this Act as the 
citizens of the Republic of Sloven ia if they have their place of residence in it.  
(2) If such persons do not have their place of residence in the Republic of Slovenia 
or if their place of residence cannot be determined, they shall enjoy the same protection as 
citizens of the Republic of Sl ovenia if they have their place of stay in it.  
(3) If such persons have neither their place of residence nor their place of  stay in 
the Republic of Slovenia, they shall enjoy the same protection as citizens of the country in 
which they have their place of residence or place of stay.  
(4) The provisions of this Article shall also apply to authors and holders of related 
rights who have the status of a refugee under international treaties or regulations of the 
Republic of Slovenia.  
Chapter Nine  
PENAL PROVISIONS  
Article 184  
(1) A fine of between EUR  1,700 and EUR  5,000 shall be imposed for a minor 
offence on a legal entity that : 
1. without the transfer of the relevant economic right, when such a transfer is required 
under this Act, reproduces, distributes,  rents out, publicly performs, publicly transmits, 
publicly communicates, publicly presents, broadcasts, rebroadcasts, conducts secondary 
broadcasting, makes available to the public, transforms or audiovisually adapts or 
otherwise uses a work or a copy the reof (Articles 21 and 22);  
2. possesses a copy of a computer program for commercial purposes, knowing or having 
reason to believe that it is an infringing copy (point 2 of Article 116);  
3. without the transfer of the relevant exclusive right, when such a transfe r is required 
under this Act, reproduces, fixes, publicly transmits or broadcasts a live performance or 
reproduces, makes available to the public, distributes or rents out a phonogram or 
videogram with their performance or otherwise uses a performance (Art icle 121);  
4. without the transfer of the relevant exclusive right, when such a transfer is required 
under this Act, reproduces, distributes, rents out, makes available to the public or 
otherwise uses a phonogram or videogram (Articles 129 and 134);  
5. without t he transfer of the relevant exclusive right, when such a transfer is required 
under this Act, rebroadcasts, fixes, reproduces, distributes, makes available to the public 
or otherwise uses a broadcast or a fixation of a broadcast (Article 137);  
6. without the transfer of the relevant exclusive right, when such a transfer is required 
under this Act, reproduces, distributes, rents out, makes available to the public or 
otherwise uses a database or a copy thereof (Article 141c);  
7. removes or alters electronic rights -management information (point 1 of paragraph one of 
Article 166);  
8. reproduces, distributes, imports for distribution, rents out or communicates to the public 
a copyright work or subject matter of related rights or a copy thereof in relation to which 
electro nic rights -management information has been removed or altered without 
authorisation (point 2 of paragraph one of Article 166);  
9. circumvents effective technological measures or manufactures, imports, distributes, 
sells, rents out, advertises for sale or rent al, or possesses for commercial purposes any technology, device, product, component or computer program or provides a service f or 
the purpose of circumvention of effective technological measures in the cases referred to 
in paragraph two of Article 166a (pa ragraphs one and two of Article 166a);  
10. manufactures, imports, distributes, sells, rents out, advertises for sale or rental or 
possesses for commercial purposes any technology, device, product, component or 
computer program for the removal or alteration of electronic rights -management 
information (paragraph four of Article 166a).  
 (2) A fine of between EUR  350 and EUR  3,000 shall be imposed on a sole trader 
or a self -employed person for the minor offence referred to in the preceding paragraph.  
(3) A fine of between EUR  350 and EUR  1,500 shall be imposed on the 
responsible person of a legal person or the responsible person of a sole trader or of  a self -
employed person for the offence referred to in paragraph one of this Article.  
(4) A fine of between EUR  350 and EUR  1,000 shall be imposed on an individual 
for the minor offence referred to in paragraph one of this Article.   
(5) Items that were created by the offence shall be confiscated.  
 
Article  184a   
 
(1) A fine of between EUR  200 and EUR  500 shall be imposed on the authorised 
entity for the minor offence referred to in paragraph three of Article 48c of this Act that:  
1. communi cates to the public, distributes or makes available accessible format copies to 
unauthorised persons or other unauthorised entities (point 1 of paragraph four of Article 
48c);  
2. fails to discourage the unauthorised reproduction, distribution or communicatio n to the 
public of accessible format copies (point 2 of paragraph four of Article 48c);  
3. fails to demonstrate due care in, and maintain records of, its handling of works for 
beneficiary persons and of accessible format copies thereof (point 3 of paragraph four of 
Article 48c);  
4. fails to publish and update information on the fulfilment of the o bligations under points 1 
to 3 of paragraph four of Article 48c of this Act (point 4 of paragraph four of Article 48c);  
5. fails to provide beneficiary persons, other authorised entities or rightholders, in an 
accessible way, with the list of works for which  it has accessible format copies and 
available formats, and with the names and contact details of authorised entities with 
which it has engaged in the exchange of accessible format copies in cases where 
accessible format copies are exchanged with an author ised entity established in another 
Member State of the European Union (point 5 of paragraph four of Article 48c).  
(2) A fine of between EUR  50 to EUR  100 shall also be imposed on the 
responsible person of the authorised entity referred to in paragraph thr ee of Article 48c of this 
Act for the minor offence referred to in the preceding paragraph.  
(3) A fine of between EUR  40 to EUR  100 shall be imposed on the authorised 
entity referred to in paragraph three of Article 48c of this Act – an individual for the  minor 
offence referred to in paragraph one of this Article.  
Article 185  
   
(1) A fine of between EUR  850 and EUR  3,000 shall be imposed for a minor 
offence on a legal entity that fails to provide a person that has lawful access to a copy of 
copyright work or to a subject matter of related rights with the means to enable that perso n 
the exercise of substantive limitations to rights (Article 166c).  
(2) A fine of between EUR  250 and EUR  1,500 shall be imposed on a sole trader 
or a self -employed person for the minor offence referred to in the preceding paragraph.  
(3) A fine of betwee n EUR  250 and EUR  1,000 shall be imposed on the 
responsible person of a legal entity or the responsible persons of a sole trader or of  a self -
employed person for the offence referred to in paragraph one of this Article.  
(4) A fine of between EUR  250 and E UR 700 shall be imposed on an individual for 
the minor offence referred to in paragraph one of this Article.  
Article 186  
(1) Inspection supervision of the implementation of the provisions of Articles 184 , 
184a  and 185 of this Act relating to penalties shal l be performed by the Market Inspectorate.  
(2) When the inspector establishes that an offence referred to in the preceding 
paragraph has been committed, he shall:  
1. seize the goods which were used for or intended for the commission of  the of fence or 
were cr eated by said offence and  
2. issue a decision ordering that the established irregularities be eliminated within the 
specified time limit.  
Article 186a  
 
For the minor offences referred to in this Act, a fine in the amount higher than the 
minimum fine laid down by this Act may be imposed in expedited proceedings.  
 
Enclosu re: Sources of diligent searches  
 
The Copyright and Related Rights Act (Official Gazette of the Republic of Slovenia 
[Uradni list RS ], No. 21/95 ) contains the following transitional and final provisions:  
"Chapter Ten  
TRANSITIONAL AND FINAL PROVISIONS  
Article 187  (1) The provisions of this Act relating to remuneration for the reproduction for 
private or other internal use (Articles 37 to 39) shall start to apply two years of the entry into 
force of this Act.  
(2) The Government of the Republic of Slovenia shall issue a regulation referred to 
in paragraph one  of Article 39 of this Act no later than within one year of the entry into f orce 
of this Act.  
Article 188  
The provisions of this Act relating to remuneration for the public communication of  
a phonogram (Articles 122 and 130) shall start to apply two years after the entry into force of 
this Act.  
Article 189  
(1) Organisations of authors that collectively exercised authors' rights under 
Articles 91 and 93 of the Copyright Act (Official Gazette of the Socialist Federal Republic of 
Yugoslavia [ Uradni list SFRJ ], Nos. 19/78, 24/86, 21/90) before the entry into force of this 
Act, may continue to do so without the authorisation from the Office until the Office issues an 
authorisation for the collective exercise of these same rights to a collective management 
organis ation that meets the conditions laid down by this Act.  
(2) Tariffs adopted by the organisations of authors before the entry into f orce of 
this Act under Article 91a of the Copyright Act shall apply until general or special tariffs come 
into effect pursuant  to Article 153 of this Act.  
(3) If appropriate collective management organisations are not established within 
one year of the entry into force of this Act, the Office may issue a temporary authorisation for 
the collective exercise of certain rights to a l egal person that does not meet the conditions 
laid down in Article 149 of this Act, specifying the time limit and conditions for such temporary 
collective exercise of rights.  
Article 190  
The provisions of this Act shall not apply to contracts entered into or acts of 
exploitation performed before the entry into force of this Act, unless otherwise provided by 
this Act.  
Article 191  
The provisions of this Act relating to computer programs and databases shall also 
apply to computer programs and databases created  before the date of entry into force of this 
Act, unless such application is prejudicial to contracts entered into or rights vested to that 
date.  
Article 192  
To contracts for the use of works and the subject matter of related rights that will 
be in force u pon the entry into force of this Act, the provisions of this Act relating to public communication by satellite shall apply as of 1 January 2000 if such contracts are still in force 
at that time.  
Article 193  
(1) This Act shall apply to all copyright works a nd performances of performers that, 
at the time of its entry into force, were protected under the Copyright Act (Official Gazette of  
the Socialist Federal Republic of Yugoslavia [ Uradni list SFRJ ] Nos. 19/78, 24/86, 21/90).  
(2) This Act shall apply to pho nograms of phonogram producers with respect to 
which, upon its entry into force, 20 years have not yet elapsed from the time of their first 
fixation.  
(3) This Act shall apply to videograms, broadcasts and publishers' editions as 
subjects matters of related  rights which were for the first time fixed, broadcast or lawfully 
published after its entry into force.  
Article 194  
(1) On the date of entry into force of this Act, the Copyright Act (Official Gazette of  
the Socialist Federal Republic of Yugoslavia [ Uradn i list SFRJ ] Nos. 19/78, 24/86, 21/90) 
shall cease to apply.  
(2) On the date of entry into force of this Act, the Self -management agreement on 
rights, obligations and responsibilities of publishing organisations and authors entering into 
contracts (Officia l Gazette of the Socialist Republic of Slovenia [ Uradni list RS ], No. 7/88) 
shall cease to apply.  
Article 195  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".  
 
The Act Amending the Copyright and Related Rights Act – ZASP -A (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 9/01) amends Article 189 of the Act to 
read as follows:  
"Article 189  
(1) Organisations of authors that collectively exercised authors' rights under 
Articles 91 and 93 of the Copy right Act (Official Gazette of the Socialist Federal Republic of 
Yugoslavia [ Uradni list SFRJ ], Nos. 19/78, 24/86, 21/90) before the entry into force of this 
Act, may continue to do so without the authorisation from the Office until the Office issues an 
authorisation for the collective exercise of these same rights to a collective management 
organisation that meets the conditions laid down by this Act.  (2) Tariffs adopted by the organisations of authors before the entry into f orce of 
this Act under Article 91a of the Copyright Act shall apply until general or special tariffs come 
into effect pursuant to Article 153 of this Act.  
(3) If appropriate collective management organisations are not established within 
one year of the entry into force of this Act, the Office may issue a temporary authorisation for 
the collective exercise of certain rights to a legal person that does not meet the conditions 
laid down in Article 149 of this Act, specifying the time limit and conditions for such temporary 
collective exerci se of rights.  
(4) Rights that may only be managed collectively under this Act may be exercised 
individually until the Office issues an authorisation for the collective exercise of these same 
rights and until an appropriate authors' collective agreement is concluded.";  
amends Article 193 of the Act to read as follows:  
"Article 193  
(1) This Act shall apply to all copyright works and performances of performers that, 
at the time of its entry into force, were protected under the Copyright Act (Official Gazette o f 
the Socialist Federal Republic of Yugoslavia [ Uradni list SFRJ ] Nos. 19/78, 24/86, 21/90).  
(2) This Act shall apply to phonograms of phonogram producers with respect to 
which, upon its entry into force, 20 years have not yet elapsed from the time of the ir first 
fixation.  
(3) This Act shall apply to videograms, broadcasts and publishers' editions as 
subjects matters of related rights which were for the first time fixed, broadcast or lawfully 
published after its entry into force.  
(4) This Act shall apply t o databases as subject matters of related rights that were 
created after 1 January 1983.";  
and contains the following final provision:  
"Article 31  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the  Republic of Slovenia.".  
 
With regard to the ceasing to be in force of Article 173 of the Act, the Act Regulating 
Customs Measures Relating to Infringements of Intellectual Property Rights – 
ZCUKPIL (Official Gazette of the Republic of Slovenia [ Uradni li st RS ], No. 30/01 ) 
provides:  
"Article 20  
(Cessation of validity)  […] 
(2) The provisions of Article 173 of the ZASP shall continue to apply to procedures 
initiated on the basis thereof.";  
and contains the following final provision:  
"Article 21  
(Entry into force and date of application)  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia and shall  begin to apply six months after its entry 
into force.".  
 
The Act Amending the Copyright and Related Rights Act – ZASP -B (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 43/04 ) contains the following transitional 
and final provisions:  
"TRANSITIONAL AND FINAL PROVISIONS  
Article 24  
(1) As of the date of the accession of the Republic of Slovenia to the European 
Union, the terms of protection under the Copyright and Related Rights Act (Official Gazette 
of the Republic of Slovenia [ Uradni list RS ], Nos. 21/95, 9/01 and 30/01 – ZCUKPIL) shall 
also apply to copyright works and subject matters of related rights that are not protected 
under paragraphs one, tw o and three of Article 193 if on that date they are protected in at 
least one Member State of the European Union (revival of protection).  
(2) The preceding paragraph shall be without prejudice to acts of exploitation of 
protected works started or performe d before the date referred to in the preceding paragraph. 
The user of such works may:  
1. without limitations and free of charge distribute stocks that existed before that date, and  
2. request that economic rights be again transferred to him to the extent origi nally provided, 
but only for the period of three years following that date and on payment of equitable 
remuneration.  
(3) The rights which were transferred for the whole period of their duration by 
contract or otherwise before the date referred to in parag raph one of this Article shall be also 
deemed to be transferred under present conditions for the additional period of the revival of  
protection.  
(4) The existence of protection of a right in a Member State of the European Union 
shall be proved by the pers on who invokes it.  
Article 25  The provisions of this Act relating to the exhaustion of the right of distribution 
(Article 4 of this Act) and relations with foreign elements (Article 20 of this Act) shall apply as 
of the date of the accession of the Republi c of Slovenia to the European Union.  
Article 26  
(1) Collective management organisations shall harmonise their activities with the 
provisions of this Act within one year of the entry into force of this Act.  
(2) Procedures for granting an authorisation for collective management of 
copyright and related rights that have not been completed on the date of entry into f orce of 
this Act shall continue pursuant to the provisions of this Act.  
(3) Procedures for the approval of tariffs that have not been completed on the date 
of entry into force of this Act shall be discontinued.  
(4) The tariffs of collective management organisations applicable on the date of 
entry into force of this Act shall be deemed applicable common tariff agreements under the 
provisions of this Act.  
Article 27  
(1) Until the application of the Minor Offences Act (Official Gazette of the Republic 
of Slovenia [ Uradni list RS ], No. 7/03), in minor offence proceedings, the fine s laid down by 
this Act shall be imposed as financial penalties within the limits laid down by Articles 21 and 
22 of this Act.  
(2) To the responsible person of a sole trader, the provisions of Articles 21 and 22 
of this Act shall apply as of 1 January 200 5. 
Article 28  
The implementing regulation referred to in Article 163 of the Act shall be issued 
within six months of the entry into force of this Act.  
Article 29  
(1) This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.  
(2) The provisions of Articles 4, 16, 20, 24 and 25 of this Act shall apply as of  the 
date of the accession of the Republic of Slovenia to the European Union.".  
 
The Act Amending the Copyright and Related Rights Act – ZASP -C (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 17/06 ) contains the following transitional 
and final provisions:  "TRANSITIONAL AND FINAL PROVISIONS  
Article 16  
Proceedings that, upon the entry into force of this Act, are pending pursuant to 
Section 2 of Chapter Seven of the Act shall be completed pursuant to the hitherto applicable 
provisions of the Act.  
Article 17  
Until the introduction of the euro as the monetary unit of the Republic of Slovenia, 
the amounts in euros referred to in Article 3 of this Act shall be converted into the tolar 
equivalent at the middle exchange rate of the Bank of Slovenia valid on the date of sale of 
the original of a work of fine art.  
Article 18  
The Government of the Republic of Slovenia shall issue the regulation referred to 
in Article 7 of this Act within three months of the entry into force of this Act.  
Article 19  
This Act shall enter into force on the fifteen th day following its publication in the 
Official Gazette of the Republic of Slovenia.".  
 
The Euro Adoption Act – ZUE (Official Gazette of the Republic of Slovenia [ Uradni list 
RS], No. 114/06 ) amends Article 17 of the Copyright and Related Rights Act – ZASP -C 
(Official Gazette of the Republic of Slovenia [ Uradni list RS ], No. 17/06 ) to read as 
follows:  
"Article 17  
Until the introduction of the euro as the monetary unit of the Republic of Slovenia, 
the amounts in euros referred to in Article 3 of this Act shall be converted into the tolar 
equivalent at the middle exchange rate of the Bank of Slovenia valid on the dat e of sale of 
the original of a work of fine art.";  
and contains the following final provision:  
"Article 26  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".  
 The Act Amending the Copyright and Related Rights Act – ZASP -D (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 139/06 ) contains the following 
transitional and fi nal provisions:  
"TRANSITIONAL AND FINAL PROVISIONS  
Article 15  
The minister responsible for the economy shall appoint the chairman and 
members of the Board referred to in Article 157f of the Act within nine months of the entry 
into force of this Act.  
Articl e 16 
Arbitration procedures which are pending pursuant to Article 163a upon the entry 
into force of this Act shall be completed pursuant to the hitherto applicable provisions of the 
Act. 
Article 17  
This Act shall enter into force on the fifteenth day follo wing its publication in the 
Official Gazette of the Republic of Slovenia.".  
 
The Act Amending the Copyright and Related Rights Act – ZASP -E (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 68/08 ) contains the following final 
provision:  
"Article 3  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".  
 
The Act Amending the Copyri ght and Related Rights Act – ZASP -F (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 110/13 ) contains the following 
transitional provisions and final provision:  
"TRANSITIONAL PROVISIONS AND FINAL PROVISION  
Article 7  (1) The provisions of Articles 3 to 5 of this Act shall apply to fixations of 
performances and phonograms with respect to which, on 1 November 2013,  the  performer 
and the producer of phonograms still enjoy protection under the hitherto applicable 
provisions of the Act, and to fixations of performances and phonograms that will be made 
after this date.  
(2) Unless otherwise provided by the contract on the tr ansfer of the economic 
rights of the performer to the producer of phonograms, such contract, concluded before 1 
November 2013, shall be deemed to be in force even if on 30 October 2011 the producer no 
longer enjoys protection under the hitherto applicable provisions of the Act.  
(3) The provision of Article 2 of this Act shall apply to musical works consisting of  
music or words which, on 1 November 2013, are protected in at least one Member State of  
the European Union and to musical works with words created after this date.  
(4) The preceding paragraph shall be without prejudice to acts of exploitation 
performed before 1 November 2013. Persons who acquired rights in a musical work with 
words in good faith before 1 November 2013 shall retain these rights.  
Article 8 
This Act shall enter into force on the day following its publication in the Official 
Gazette of the Republic of Slovenia.".  
 
The Act Amending the Copyright and Related Rights Act – ZASP -G (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 56/15 ) contains the following transitional 
and final provisions:  
"TRANSITIONAL AND FINAL PROVISIONS  
Article 10  
The Government shall adopt the document referred to in paragraph four of Article 
50d of the Act within one month of the entry into force of this Act.  
Article 11  
This Act shall enter into force on the day following its publication in the Official 
Gazette of the Republic of Slovenia.".  
 
The Collective Management of Copy right and Related Rights Act – ZKUASP (Official 
Gazette of the Republic of Slovenia [ Uradni list RS ], No. 63/16  amends Article 189 of 
the Act to read as follows:  "Article 189  
(1) Organisations of authors that collectively exercised authors' rights under 
Articles 91 and 93 of the Copyright Act (Official Gazette of the Socialist Federal Republic of 
Yugoslavia [ Uradni list SFRJ ], Nos. 19/78, 24/86, 21/90) before the entry into force o f this 
Act, may continue to do so without the authorisation from the Office until the Office issues an 
authorisation for the collective exercise of these same rights to a collective management 
organisation that meets the conditions laid down by this Act.  
(2) Tariffs adopted by the organisations of authors before the entry into f orce of 
this Act under Article 91a of the Copyright Act shall apply until general or special tariffs come 
into effect pursuant to Article 153 of this Act.  
(3) (Ceased to be in force ) 
(4) (Ceased to be in force )"; 
and contains the following final provision:  
"Article 88 
(Entry into force)  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia.".   
 
The Act Amending the Copyright and Related Rights Act – ZASP -H (Official Gazette of 
the Republic of Slovenia [ Uradni list RS ], No. 59/19 ) contains the following final 
provision:  
"Article 10  
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia. ". 
  
 
 