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Zákon č. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon) v znení neskorších predpisov.

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251990: 60%1991: 60%1992: 60%1993: 60%1994: 60%1995: 60%1996: 60%1997: 60%1998: 60%1999: 60%2000: 60%2001: 60%2002: 60%2003: 60%2004: 20%2005: 20%2006: 20%2007: 20%2008: 20%2009: 20%2010: 20%2011: 20%2012: 20%2013: 20%2014: 20%2015: 20%2016: 20%2017: 20%2018: 20%2019: 20%2020: 20%2021: 20%2022: 20%2023: 20%2024: 20%2025: 80%YearOpenness score (%)

Selected year snapshot

For 2024, the active event in this file is Zákon č. 71/2022 Z. z., ktorým sa mení a dopĺňa zákon č. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon).

20%

Current rationale

Act No. 71/2022 Z. z. transposed the EU DSM Directive (2019/790) into Slovak law, effective 25 March 2022. It introduced new TDM exceptions: § 44a (TDM for scientific research — reproduction permitted for any user with lawful access, for scientific research purposes; storage also permitted) and § 44b (general TDM — reproduction permitted for any user with lawful access, subject to rights-holder opt-out). It also broadened § 44 (illustration for teaching/scientific research) and introduced § 46a (use of out-of-commerce works by cultural heritage institutions). The new TDM provisions (§ 44a and § 44b) cover reproduction only (not communication/sharing/making available), apply to all types of works, and are open to any user — this would individually be BLUE. However, the pre-existing personal use exception in § 38 still excludes certain work categories (computer programs, electronic databases, architectural works by construction, musical works by notation), and the TDM exceptions only cover reproduction (not sharing). The most permissive combination: § 44a/44b cover reproduction of ALL works (including those excluded from § 38) for TDM/research, open to any user = BLUE individually. § 38 covers broader 'use' (potentially including sharing) but excludes certain work types = ORANGE individually. The TDM exceptions (§ 44a, § 44b) are individually BLUE — they permit reproduction of full works of all types, for any user, but only reproduction (not communication/sharing). This is more permissive than the ORANGE of § 38 (which excludes work types). Therefore the overall classification improves to BLUE. Wait — re-evaluating: § 44a and § 44b explicitly cover only 'vyhotovuje rozmnoženinu' (making a reproduction). They do not cover communication or sharing. They apply to all works and all users. This is BLUE. § 38 uses 'použije dielo' (uses a work) which is broader than reproduction, but excludes certain work types. § 38 individually is ORANGE due to work-type exclusions. The most permissive exception is now § 44a/§ 44b at BLUE (all works, all users, reproduction only). BLUE is more permissive than ORANGE in the hierarchy. Overall classification: BLUE.

Exceptions considered

§ 3820%Private Use

Personal use by natural persons — permits use of a work for personal purposes, excludes computer programs, electronic databases, architectural works (by construction), musical works (by notation)

§ 420%Quotation

Quotation — use of an excerpt from a published work in another work

§ 440%Educational

Illustration for teaching and scientific research — broadened to include digital and distance learning, non-commercial purpose

§ 44a80%TdmMost permissive

TDM for scientific research — reproduction of works in digital form for automated text and data analysis for scientific research, lawful access required, storage permitted

§ 44b80%Tdm

General TDM — reproduction of works in digital form for automated text and data analysis, lawful access required, subject to rights-holder opt-out

§ 4640%Library Institutional

Library and archive exception — reproduction for preservation, replacement, or on-premises consultation

§ 46a40%Library Institutional

Use of out-of-commerce works by cultural heritage institutions for non-commercial purposes

Law changes

Zákon č. 35/1965 Zb. o dielach literárnych, vedeckých a umeleckých (autorský zákon)

Baseline · Effective 1990-01-01

60%

Relevant section: § 15, § 25

Dates: Effective 1990-01-01 · Enacted 1965-03-25

Why this score

On 1990-01-01, the copyright law in force in what was then Czechoslovakia (and later inherited by Slovakia) was Act No. 35/1965 Coll. (the Copyright Act). This law contained a personal use exception (§ 15) permitting reproduction of a published work for personal use, and a quotation/excerpt exception (§ 25). The personal use exception covered reproduction of full works for private/personal purposes (including private study and research), but was limited to individual/private use — not institutional or sharing. No broader fair dealing or general research exception existed. The full verbatim text of the 1965 Act could not be retrieved via web search to provide an exact excerpt. Based on the known structure of the Czechoslovak 1965 Copyright Act, the most permissive research-relevant exception was the personal/private use provision, which permitted reproduction of full works but only for private purposes by individuals, yielding LIGHT BLUE.

Exceptions considered

§ 1560%Private UseMost permissive

Reproduction of a published work for personal use (private/personal needs of the user)

§ 250%Quotation

Quotation of excerpts from published works for scientific or artistic purposes

Zákon č. 618/2003 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon)

Relevant update · Effective 2004-01-01

20%

Relevant section: § 24, § 25, § 28

Dates: Effective 2004-01-01 · Enacted 2003-12-04

Why this score

Act No. 618/2003 Coll. replaced the 1965 Copyright Act effective 1 January 2004. Section 24 provides a personal use exception for natural persons permitting use of a work for personal need (covering reproduction of full works), but explicitly excludes computer programs, electronic databases, architectural works (by construction), and musical works (by notation). This exclusion of specific categories of works from full-work reproduction means the exception is ORANGE rather than LIGHT BLUE — it permits full-work reproduction for most types of works but carves out specific categories. Section 25 provides for quotation (excerpts only — RED individually). Section 28 provides for use for informational purposes. The personal use exception in § 24 is the most permissive for research purposes. It is limited to natural persons (private/personal use) and excludes certain work types, making ORANGE the correct classification (work-type restriction is more restrictive than user restriction in the hierarchy).

Exceptions considered

§ 2420%Private UseMost permissive

Personal use by natural persons — permits use of a work for personal need, but excludes computer programs, electronic databases, architectural works (by construction), and musical works (by notation)

§ 250%Quotation

Quotation — use of excerpts from a published work in another work

§ 280%Other

Use for informational purposes — reporting on current events

Original text

English rendering

Source links

Zákon č. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon)

Relevant update · Effective 2016-01-01

20%

Relevant section: § 38, § 42, § 43, § 44, § 46

Dates: Effective 2016-01-01 · Enacted 2015-07-01

Why this score

Act No. 185/2015 Coll. replaced Act No. 618/2003 Coll. effective 1 January 2016. Section 38 provides a personal use exception for natural persons permitting use of a work for personal purposes, but explicitly excludes computer programs (except backup copies), electronic databases, architectural works (by construction), and musical works (by notation). This maintains the same structure as the prior law — full-work reproduction is permitted for most work types but specific categories are carved out. Section 42 provides for quotation (excerpts). Section 43 provides for use for informational purposes. Section 44 provides for use for educational and scientific purposes (illustration for teaching and scientific research — but limited to the extent justified by the non-commercial purpose). Section 46 provides for library/archive exceptions. The personal use exception in § 38 remains the most permissive for a researcher seeking to reproduce full works, but the exclusion of specific work categories means ORANGE. Section 44 covers scientific research but is limited to illustration (excerpts/portions for illustration), not full-work reproduction. The classification-neutral factors (non-commercial restriction in § 44, remuneration) were not factored into the color decision.

Exceptions considered

§ 3820%Private UseMost permissive

Personal use by natural persons — permits use of a work for personal purposes, excludes computer programs, electronic databases, architectural works (by construction), musical works (by notation)

§ 420%Quotation

Quotation — use of an excerpt from a published work in another work

§ 430%Other

Use for informational purposes — reporting on current events

§ 440%Educational

Use for educational and scientific purposes — illustration for teaching and scientific research, to the extent justified by non-commercial purpose

§ 4640%Library Institutional

Library and archive exception — reproduction for preservation, replacement, or on-premises consultation

Original text

English rendering

Source links

Zákon č. 71/2022 Z. z., ktorým sa mení a dopĺňa zákon č. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon)

Relevant update · Effective 2022-03-25

20%

Relevant section: § 44, § 44a, § 44b, § 46a

Dates: Effective 2022-03-25 · Enacted 2022-02-22

Why this score

Act No. 71/2022 Z. z. transposed the EU DSM Directive (2019/790) into Slovak law, effective 25 March 2022. It introduced new TDM exceptions: § 44a (TDM for scientific research — reproduction permitted for any user with lawful access, for scientific research purposes; storage also permitted) and § 44b (general TDM — reproduction permitted for any user with lawful access, subject to rights-holder opt-out). It also broadened § 44 (illustration for teaching/scientific research) and introduced § 46a (use of out-of-commerce works by cultural heritage institutions). The new TDM provisions (§ 44a and § 44b) cover reproduction only (not communication/sharing/making available), apply to all types of works, and are open to any user — this would individually be BLUE. However, the pre-existing personal use exception in § 38 still excludes certain work categories (computer programs, electronic databases, architectural works by construction, musical works by notation), and the TDM exceptions only cover reproduction (not sharing). The most permissive combination: § 44a/44b cover reproduction of ALL works (including those excluded from § 38) for TDM/research, open to any user = BLUE individually. § 38 covers broader 'use' (potentially including sharing) but excludes certain work types = ORANGE individually. The TDM exceptions (§ 44a, § 44b) are individually BLUE — they permit reproduction of full works of all types, for any user, but only reproduction (not communication/sharing). This is more permissive than the ORANGE of § 38 (which excludes work types). Therefore the overall classification improves to BLUE. Wait — re-evaluating: § 44a and § 44b explicitly cover only 'vyhotovuje rozmnoženinu' (making a reproduction). They do not cover communication or sharing. They apply to all works and all users. This is BLUE. § 38 uses 'použije dielo' (uses a work) which is broader than reproduction, but excludes certain work types. § 38 individually is ORANGE due to work-type exclusions. The most permissive exception is now § 44a/§ 44b at BLUE (all works, all users, reproduction only). BLUE is more permissive than ORANGE in the hierarchy. Overall classification: BLUE.

Exceptions considered

§ 3820%Private Use

Personal use by natural persons — permits use of a work for personal purposes, excludes computer programs, electronic databases, architectural works (by construction), musical works (by notation)

§ 420%Quotation

Quotation — use of an excerpt from a published work in another work

§ 440%Educational

Illustration for teaching and scientific research — broadened to include digital and distance learning, non-commercial purpose

§ 44a80%TdmMost permissive

TDM for scientific research — reproduction of works in digital form for automated text and data analysis for scientific research, lawful access required, storage permitted

§ 44b80%Tdm

General TDM — reproduction of works in digital form for automated text and data analysis, lawful access required, subject to rights-holder opt-out

§ 4640%Library Institutional

Library and archive exception — reproduction for preservation, replacement, or on-premises consultation

§ 46a40%Library Institutional

Use of out-of-commerce works by cultural heritage institutions for non-commercial purposes

Original text

English rendering

Source links

Zákon č. 185/2015 Z. z. o autorskom práve a právach súvisiacich s autorským právom (autorský zákon) v znení neskorších predpisov

Current law confirmation · Effective 2025-01-01

80%

Relevant section: § 38, § 44a, § 44b

Dates: Effective 2025-01-01

Why this score

As of 1 January 2025, the consolidated version of Act No. 185/2015 Z. z. (as amended through Act No. 292/2024 Z. z.) is in force. The most permissive research-relevant exception is § 44a (TDM for scientific research), which permits reproduction of works of all types, by any person with lawful access, for scientific research purposes, including storage for verification. This covers reproduction only (not communication/sharing/making available to the public). It applies to all works and all users. This yields BLUE. § 44b provides a general TDM exception (also BLUE individually, but subject to rights-holder opt-out). § 38 provides personal use (ORANGE individually due to work-type exclusions). § 44 provides illustration for teaching/scientific research (RED individually — limited to excerpts/illustration). § 46 provides library exceptions (PURPLE individually). The overall classification is BLUE based on § 44a as the most permissive exception. Classification-neutral factors (non-commercial restriction for § 44a, lawful access requirement, storage provision) were not factored into the color decision.

Exceptions considered

§ 3820%Private Use

Personal use by natural persons — permits use of a work for personal purposes, excludes computer programs, electronic databases, architectural works (by construction), musical works (by notation)

§ 420%Quotation

Quotation — use of an excerpt from a published work in another work

§ 440%Educational

Illustration for teaching and scientific research — limited to illustration, non-commercial purpose

§ 44a80%TdmMost permissive

TDM for scientific research — reproduction of works in digital form for automated text and data analysis for scientific research, lawful access required, storage permitted for verification

§ 44b80%Tdm

General TDM — reproduction of works in digital form for automated text and data analysis, lawful access required, subject to rights-holder opt-out

§ 4640%Library Institutional

Library and archive exception — reproduction for preservation, replacement, or on-premises consultation on dedicated terminals

§ 46a40%Library Institutional

Use of out-of-commerce works by cultural heritage institutions for non-commercial purposes

Original text

English rendering

Source links