Slovakia has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Section 41 of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the use of a work permanently situated in public places by making copies, communication to the public or public distribution by transfer of title. Expressly excluded from the scope of the exception is copying of architectural works by means of buildings.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified
Usage:
- reproduction
- communication to the public
- public distribution by transfer of title
Subject Matter:
- work permanently situated in public places
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:
- work used must be permanently situated in public places
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.
