Slovakia has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Section 57 of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the use of a work of art for the purpose of promoting a public exhibition of a work of art or promoting the sale of a work of art by making a copy, public transmission or public distribution by transfer of ownership, to the extent necessary for such promotion. The exception expressly excludes the use of a work of art after the end of its public exhibition or after its sale.
Implementation details:
Beneficiaries:
- any user
Purposes:
- promoting a public exhibition of a work of art
- promoting the sale of a work of art
Usage:
- reproduction
- public transmission
- public distribution by transfer of ownership
Subject Matter:
- work of art
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:
- use must be limited to the extent necessary for the promotion
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.
