Slovakia has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Section 55 of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the use by making its copy, by communication to the public or public distribution by transfer of title, of a work which was incidentally included into different context. Incidentally used works may only be used in connection with the context thereof.

Implementation details:

Beneficiaries:

• any user

Purposes:

• no specific purpose (the use has to be incidental)

Usage:

• reproduction
• communication to the public
• public distribution by transfer of title

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:

• the inclusion of a work into a certain context must be incidental
• incidentally used works may only be used in connection with the context thereof

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.