Slovenia has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article 48(1) p. 1, 2 and 4 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows, for the purpose of informing the public, for (i) the reproduction of works, which are being seen or heard as a part of a current event that is being reported on and (ii) the preparation and reproduction of abstracts of published newspaper and similar articles in the form of press reviews. The exception applies mutatis mutandis to public communications of the works mentioned therein. The source and authorship of the work must be indicated, if the latter is indicated on the work used
Implementation details:
Beneficiaries:
- any user
Purposes:
- informing the public
Usage:
- reproduction (of works seen or heard as a part of a current event that is being reported on)
- adaptation (preparation of abstracts)
- reproduction (of abstracts in the form of press reviews)
- public communication
- any use (of news of the day, which have the nature of a press release)
Subject Matter:
- works (seen or heard as a part of a current event that is being reported on; news of the day)
- published newspaper and similar articles
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no remuneration required
Attribution:
- the source and author of the work must be stated, if it is stated on the used work
Other Conditions:
- works used must be seen or heard as a part of a current event that is being reported
Introduced/last updated: 26 April 2004
Remarks: According to Article 4 of the CRRA, the provisions on 'the substantive restrictions on copyright' apply mutatis mutandis to related rights, unless otherwise provided in Chapter Five of the Act.
The provision of art. 48(1)2 of the Slovenian Copyright Law can be regarded as a 'press review' exception because it covers the 'preparation and reproduction of abstracts of published newspaper and similar articles in the form of press reviews'. However, art. 48(1)2 does not meet two basic requirements of the respective InfoSoc provision of the 1st hypothesis of art.5(3)(c) - (i) the limitation of the thematic scope of the works used to current economic, political or religious topics and (ii) the reservation option in favour of the rightsholder. At the same time, art. 48(1)2 expressly limits the use to the purpose of informing the public, which is a typical characteristic of the 'reporting of current events' exception. This is why it is submitted that the 'press review' exception is not transposed proper in Slovenia and the 'preparation and reproduction of abstracts of published newspaper and similar articles in the form of press reviews' is regarded as part of the 'reporting of current events' exception's implementation.