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

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

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

 ECL are part of the section about licences, not under the collective management of rights  Representativeness of the CMO (2 conditions):  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  And is indicated in the list of CMOs administered by Ministry of Culture of the Slovak Republic  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

 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  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:  Any of the contracting parties does not request for termination of the ECL or  CMO does not cease to be representative

 CMO can grant the ECL to the following types of use:  Technical performance of work or communication to the public of the work through technical equipment in the places of business or other places (it does not apply to broadcasting, retransmission and making available)  Use of out-of-commerce works by making a copy, making it available or by distribution of its copy to the public by assignment of title  Live performance of literary works  Broadcasting of works including broadcasting by satellite  Rental and lending of a copy of a work  Making available of a copy of a work (designed e.g. for use of digitalized subject matters and licensing covers of books)  Retransmission of works except cable retransmission

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