Slovenia has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 77 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows, in case of assignment of the right to broadcasting, for the broadcasting organisation to make fixations of a work, with the beneficiary's own facilities and for its own broadcasts, for a one-time broadcast. The broadcasting organisations must destroy such fixations no later than one month after the broadcast (ephemeral fixations). The exception also allows broadcasting organisations to deliver ephemeral fixations to a public archive if such fixations have exceptional documentary value. The broadcasting organisation must immediately notify the author thereof.
Implementation details:
Beneficiaries:
- broadcasting organisations
Purposes:
- ephemeral fixations
- archivation (subject to exceptional documentary value of the broadcast)
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- beneficiary may use the works under the exception if already assigned the right to broadcasting of the respective works
- use must be executed with the beneficiary's own facilities
- use must be reserved for the beneficiary's own broadcasts
- beneficiary may broadcasts the fixation only once
- beneficiary must destroy ephemeral fixations no later than one month after the broadcast
- beneficiary must immediately notify the author of the work about the archivation
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.
