Copyright law regulates the field of human creative expression and the legal relationships that arise when creating and exploiting copyright works. Its core notion is copyright, which belongs to the author and gives him or her the monopoly over the exploitation of his or her work. On the other hand, related rights belong to publishers, film producers, producers of phonograms, broadcasting organisations etc.
IPI acts as a legal advisor for copyright issues; it examines and prepares drafts of copyright and other contracts and agreements (such as non-disclosure agreements) in Slovenian and English as well as legal opinions and recommendations regarding issues in the field of copyright law. IPI advises and represents clients in pre-litigation procedures regarding copyright (for example, it drafts calls for termination of copyright infringements, it helps in negotiation and correspondence between parties before the initiation of litigation, etc.). Additionally, IPI advises its clients in case of court procedures and also drafts lawsuits and other applications for the court in the area of copyright law. For more information, write us on firstname.lastname@example.org.
Article 5 of the Copyright and Related Rights Act determines the conditions that have to be met for a work to be protected by copyright law. Copyright works are defined as individual intellectual creations in the domain of literature, science, and art, which are expressed in any mode. Copyright works are in particular spoken works, written works, musical works with or without words, theatrical or theatrical-musical works, and works of puppetry, choreographic works and works of pantomime, photographic works and works produced by a process similar to photography, audio-visual works, works of fine art, works of architecture, works of applied art and industrial design, cartographic works, presentations of a scientific, educational or technical nature.
The author of a copyright work is the natural person who created the work, regardless his or her legal capacity. Copyright protection applies automatically, on the sole fact of the creation of a work, without any formalities. Unless otherwise provided, copyright lasts for the life of the author and for 70 years after his or her death. After that the work is no longer protected by copyright but becomes part of the so-called public domain , which makes the work available for general use. The author may transfer individual economic rights on a third party in exchange for payment on the basis of a copyright contract. This contract has to be in written, otherwise unclear provisions are interpreted in favour of the author.
Article 15 of the Copyright and Related Rights Act determines copyright as an indivisible right, from which emanate exclusive personal powers (moral rights), exclusive economic powers (economic rights), and other powers of the author (other rights of the author).
a) Moral rights
Moral rights protect the author with respect to his or her intellectual and personal ties to the work. They are not limited in time and are not able to be transferred, however, they can be inherited, except for the right to withdrawal. Moral rights include:
– the right to the first disclosure (Article 17);
– the right to recognition of authorship (Article 18);
– the right to integrity of the work (Article 19);
– the right to withdrawal (Article 20).
b) Economic rights
Economic rights protect the author with respect to his or her economic interests by giving the author an exclusive right to authorize or to prohibit the use of his or her work or copies of his or her work. They are limited in time, transferable and inheritable. Economic rights include:
– the right of reproduction (Article 23);
– the right of distribution (Article 24);
– the rental right (Article 25);
– the right of public performance (Article 26);
– the right of public transmission (Article 27);
– the right of public communication by phonograms and videograms (Article 28);
– the right of public presentation (Article 29);
– the right of broadcasting (Article 30);
– the right of rebroadcasting (Article 31);
– the right of secondary broadcasting (Article 32);
– the right of making available (Article 32.a);
– the right of transformation (Article 33);
– the right of audio-visual adaptation (Article 104).
c) Other rights
Other rights of the author include:
– the right of access and of delivery (Article 34);
– the resale right (Article 35);
– the public lending right (Article 36);
– the right to remuneration (Article 37).