Slovakia has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Section 46 of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the copying, public performance, public transmission, public distribution, transfer of ownership or lending of a published work, if such use is made exclusively for the needs of persons with disabilities and to the extent justified by the disability and the purpose of that use is not directly or indirectly commercial. In addition, the exception allows for the verbal description of an image component of a work or an audiovisual work or for the separation from the audiovisual work of its audio component for the benefit of persons with disabilities and to the extent justified by their disability. It also covers the use of sound component of an audiovisual work, the use of an audiovisual work supplemented by a verbal expression of its visual component or the use of the sound component of an audiovisual work thus supplemented; as well as the production of audio recordings of a verbal work exclusively for the needs of persons with disabilities to the extent justified by their disability; and the use of such a phonogram.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • for the needs of persons with disabilities
  • non-commercial

Usage:

  • reproduction
  • public performance
  • public transmission
  • public distribution
  • transfer of ownership
  • lending
  • adaptation

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:

  • use must be limited to the extent justified by the disability
  • works used must be published

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.