Slovakia has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Section 40 of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows broadcasters to create temporary recording of a work through their own device and for the purpose of their own broadcast. Broadcasters are authorised to archive the recording created in a manner prescribed by law only in case the recording has audiovisual value.
Implementation details:
Beneficiaries:
- broadcasters
Purposes:
- for the purpose of beneficiaries' own broadcasts
- archivation (when the recording has audiovisual value)
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- attribution required (if possible depending on the nature of the work and the manner of use of the work)
Other Conditions:
- temporary recording must be made through beneficiaries' own device
Introduced/last updated: 01 July 2015
Remarks: The exception applies to performers' (§ 103), phonogram producers' (§113), audiovisual producers' (§121) and broadcasters' (§127.1) rights.
Pursuant to §35(2) of the Copyright Act, the name of the author or his pseudonym, if it is not an anonymous work, or the name of the person under whose name, trade name or title the work is presented to the public, as well as the work title and source, must be stated in all cases under §38 and §§ 40 to 57, if this is possible depending on the nature of the work and the manner of use of the work.
