Extended Collective Licensing in Slovakia Jakub Slovk Permanent

Extended Collective Licensing in Slovakia Jakub Slovák Permanent Mission of the Slovak Republic in Geneva/ Copyright Unit Media, Audiovisual and Copyright Department Ministry of Culture of the Slovak Republic

ECL – something new for copyright legislation in Slovakia q Modern solution for mass uses of works and other protected subject matters q Access of users to the large repertoire q Legal certainty for users q Possibility of opt-out for rightholders q Until late October 2014 – no ECL in Copyright Act in Slovakia q First Attempt = Amendment No. 283/2014 (in force from 29 th October 2014 till 31 st December 2015) to old Copyright Act = ECL only for out-of-commerce works q Based on the typical ECL principles such as: v opt-out for rightholders v representative CMO – the one that represents the significant number of authors of the out-of-commerce works v extended effect to the outsiders

Preparation of new Copyright Act q 2014: Creation of national working parties for the adoption of new Copyright Act in Slovakia q Working parties: representatives of authors, associations of authors, users, CMOs, libraries, museums, broadcasters, etc. q 4 Meetings specially focused on ECL q Long-lasting discussions about setting up the functioning of ECL system q q 2015: legislative process for the new Copyright Act 1 st January 2016: Act No. 185/2015 Coll. on Copyright is in force

Current system of ECL in the new Copyright Act (1) q q ECL are part of the section about licences, not under the collective management of rights Representativeness of the CMO (2 conditions): q CMO, which directly (not on the basis of reciprocal agreements with another CMO) represents the biggest number of rightholders on the territory of Slovak Republic q And is indicated in the list of CMOs administered by Ministry of Culture of the Slovak Republic q q q No administrative proceeding, just indication in the list on the basis of the documents that Ministry of Culture has at its disposal from CMOs Non-represented rightholders: opt-out to all or some of their works Opt-out by written notification of the rightholder to CMO

Current system of ECL in the new Copyright Act (2) q q q Non-represented rightholders: same rights and obligations resulting from ECL as the represented rightholders Including the guarantee for reasonable application of rights and obligations as regards the collection, distribution and payment of royalties Application of general provisions about licences to ECL have to be concluded in writing and have to be non-exclusive CMO can conclude ECL with user for no longer than 1 year Prolongation = automatically for 1 more year, when: q Any of the contracting parties does not request for termination of the ECL or q CMO does not cease to be representative

Current system of ECL in the new Copyright Act (3) Types of use q CMO can grant the ECL to the following types of use: q

Use of ECL in practice q By this time ECL system is in force only two and half months q Two CMOs are indicated in the list (one to musical works, one to literary, dramatic, audiovisual works, works of visual art and photography) q Priority for CMOs is to comply with transposition of CRM Directive q Ministry of Culture of Slovak Republic will ask at the end of the year for information about number of concluded ECL

Thank you for your attention. jakub. slovak@culture. gov. sk jakub. slovak@mzv. sk