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Häufig gestellte Fragen zum Urheberrecht für Verbraucher

Häufig gestellte Fragen zum Urheberrecht für Verbraucher

Die häufig gestellten Fragen (FAQ) zum Urheberrecht tragen dazu bei, alle europäischen Verbraucher darüber zu informieren, was bei der Nutzung urheberrechtlich geschützter Inhalte wie Musik oder Filme im Internet legal ist und was nicht.

Dem Beispiel dieser erfolgreichen Initiative folgend werden nun die FAQ zum Urheberrecht für Lehrkräfte Lehrenden und Lernenden aus der EU klare und präzise Auskunft darüber geben, welche Verwendungen urheberrechtlich geschützter Inhalte im Bildungsbereich zulässig sind.

15 Fragen von Verbrauchern zum Urheberrecht für alle EU-Mitgliedstaaten

Die häufig gestellten Fragen werden für alle EU-Mitgliedstaaten beantwortet. Die Antworten sind auf Englisch und in mindestens einer der Amtssprachen des betreffenden Mitgliedstaats verfügbar.

Wie wirkt sich das Urheberrecht auf Ihr tägliches Leben aus?

 
Posten Sie in den sozialen Medien?
Schreiben Sie in Ihrem Blog neue Artikel?
Streamen Sie legal?
Wem gehört Ihre Arbeit, wenn Sie sie auf eine Plattform hochladen?
Ein berühmtes Buch online zitieren? Wie macht man das?
 
 
 

Klicken Sie auf ein Land in der Karte oder wählen Sie ein Land aus der Liste, um die Antworten des Landes anzuzeigen:

 

Antworten für das Land anzeigen: Slowakei Lesen auf: Slovenský | English .

 

1. What does copyright and related rights mean and cover, and is it the same all over the world?

2. Who owns copyright and how does copyright benefit creators, 'rights holder(s), consumers, society, economy and culture as a whole?

3. Do I automatically get copyright protection, for example, if I take a photograph with my phone, or do I have to register my work to get protection?

4. What is copyright infringement? Can I get in trouble for copyright infringement? What if I wasn't aware that I infringed something protected by copyright?

5. Under which conditions can I use a work protected by copyright created by another? I was told that using works created by others is simply a quote and thus is always allowed.

6. Am I allowed to use music protected by copyright as a soundtrack for a home video that I made and want to upload on a video platform?

7. Am I allowed to give a copy of a work protected by copyright to a family member or a friend?

8. Am I allowed to download a work protected by copyright from the internet and does it matter which technology is used and whether I download only parts of the work?

9. I tried to copy a movie from a DVD to my computer, but could not do it because of something called ‘Technical Protection Measures’. What is that and am I allowed to get around them in order to make private copies?

10. What are copyright levies?

11. Am I infringing copyright if I watch a movie by streaming it instead of downloading it from the internet?

12. If copyright-protected works are included into my posts automatically by social media platforms, am I responsible for this and is this a copyright infringement? What if I link to them or embed them in my own website or blog?

13. When I create a work and upload it online, terms and conditions of many sites ask for me to transfer my copyright to the site. Does that mean I lose all those rights in them for the future?

14. My avatar is based on my favourite movie star, cartoon character or sports club. Can I get in trouble for infringement of copyright or any other legislation because of this?

15. How do I know whether a work is offered legally or illegally online?

 

 

 

1. What does copyright and related rights mean and cover, and is it the same all over the world?

Copyright protects an author’s creative intellectual work and provides exclusive moral rights (e. g. attribution right) and economic rights (e. g. right to authorise reproduction) to them. Rights related to copyright include the right of performing artists, the right of phonogram producers, the right of audiovisual producers, and the right of broadcasters. Except for the right of performing artists, these rights do not encompass moral rights. Copyright and related rights are based on the territorial principle and therefore differ in every country. However, international principles exist to ensure similar protection also in other countries.

 

2. Who owns copyright and how does copyright benefit creators, 'rights holder(s), consumers, society, economy and culture as a whole?

Basically, copyright is ‘owned’ by the author. The rights to the work may also, however, be carried by other rights holders (e. g. employer, heir, producer, licence holder), who derive his or her rights from the author.

On the one hand copyright serves to protect the authors’ rights to copyrighted works. On the other hand it also provides the protection of rights of other (derived) rights holders, for example employers, licensees etc. One of the functions of copyright is the balance of interests. Protection of the author’s rights is balanced with the general interest to support creativity, the economy and public access to works. The main instruments for the balance of interests are exceptions and limitations of economic rights. These provide end-users with the possibility to use a work without the author’s or other rights holder’s consent.

 

3. Do I automatically get copyright protection, for example, if I take a photograph with my phone, or do I have to register my work to get protection?

Basically, copyright is ‘owned’ by the author. The rights to the work may also, however, be carried by other rights holders (e. g. employer, heir, producer, licence holder), who derive his or her rights from the author.
On the one hand copyright serves to protect the authors’ rights to copyrighted works. On the other hand it also provides the protection of rights of other (derived) rights holders, for example employers, licensees etc. One of the functions of copyright is the balance of interests. Protection of the author’s rights is balanced with the general interest to support creativity, the economy and public access to works. The main instruments for the balance of interests are exceptions and limitations of economic rights. These provide end-users with the possibility to use a work without the author’s or other rights holder’s consent.

 

4. What is copyright infringement? Can I get in trouble for copyright infringement? What if I wasn't aware that I infringed something protected by copyright?

Copyright infringement refers to the violation of an author’s rights or the rights of other rights holders. The end-user may infringe both the exclusive rights (moral and economic) and remuneration rights (e. g. right for equitable remuneration). In case of copyright infringement civil, administrative and criminal sanctions may apply. Liability for copyright infringement is a no-fault based liability and knowledge is not particularly relevant for considering copyright infringement. However, according to the Copyright Act regarding the circumvention of technological protection measures (TPMs) and digital rights management (DRM), awareness (knowledge) is necessary to infringe copyright. In accordance with Slovak criminal law, the intention to commit a crime is also required.

 

5. Under which conditions can I use a work protected by copyright created by another? I was told that using works created by others is simply a quote and thus is always allowed.

Before using a copyright-protected work it is necessary to obtain consent (authorisation) from the author or other rights holder. This is usually provided by the licence agreement. However, there are also cases when it is possible to use the work without authorisation. These cases are called exceptions and limitations and quotation is one of them. There is also, inter alia, private copying exception, reprography exception, exception for use of works located in a public place, use of works for teaching purposes, use of works for civil and religious ceremonies, use of works by library and archive, transient reproduction of works, incidental use of works etc. In particular, copyright law regulates how to use a work under exceptions and limitations and, therefore, it does not apply that use of copyright-protected works created by another is always a quotation and thus is always allowed.

Consent (licence) is also not necessary when the end-user wants to use a work that is already in the public domain. In most cases it means that the author of the work died over 70 years ago. The special group of works that might be used by the end-user are those that are disseminated under public licence (e. g. Creative Commons). If the end-user finds such a work he or she may use it if he or she respects the conditions of the selected public licence (e. g. the obligation to indicate the author’s name and the source).

 

6. Am I allowed to use music protected by copyright as a soundtrack for a home video that I made and want to upload on a video platform?

The act of including music to a home video and uploading it to a video platform affects at least two of the author’s exclusive rights — the reproduction right and the right of communication to the public (and possibly also the right of adaptation). Including music to a home video might be subsumed under private copying exception. However, uploading it to a video platform is not covered by the exception and, therefore, the author’s consent will be required.

 

7. Am I allowed to give a copy of a work protected by copyright to a family member or a friend?

If the copy is made with the author’s consent the exhaustion principle could apply and such an act would be lawful. The Slovak Copyright Act does not particularly regulate if the end-user is allowed to give a copy made within the private copying exception to a family member or friend. Based on predominant expert opinions the end-user could give a copy made by him or her to other members of the family or to a person with which he or she is sharing a household.

 

8. Am I allowed to download a work protected by copyright from the internet and does it matter which technology is used and whether I download only parts of the work?

An end-user may download a copyrighted work from the internet for private purposes without the author’s consent (or other rights holder’s), if the work is legally made available online. This is called private copying exception. The end-user could also lawfully download works in the public domain from the internet and works disseminated under public licences, such as Creative Commons. According to Slovak law, it does not matter which technology is used for downloading.

Generally, it is not relevant whether the end-user downloads the whole work or only a part of it. However, according to the Copyright Act, the end-user cannot make a reprographic copy of the whole literary work or a significant part thereof.

 

9. I tried to copy a movie from a DVD to my computer, but could not do it because of something called ‘Technical Protection Measures’. What is that and am I allowed to get around them in order to make private copies?

Technological protection measures (TPMs) refer to any software, device or other technology used to block or limit access to a work, or certain actions with respect to the work. A TPM may consist, for example, of a watermark, a technical barrier against copying CDs and DVDs, a password, access control, encryption, etc. According to the Copyright Act, it is allowed to circumvent TPMs in order to benefit from particular exceptions and limitations (including the private copying exception, reprography, education, and research).

 

10. What are copyright levies?

Copyright levies deal with exception from the reproduction right, in concreto with the private copying exception and the reprography exception (reproductions on paper or similar medium). Every EU state that implemented one of the two exceptions (or both) and provided the end-users with the right to make a copy without the author’s consent is obliged to ensure that the rights holders receive fair compensation. Fair compensation is usually paid together with the price for devices and carriers intended for making copies, however, the payment system and the list of burdened devices and carriers differs significantly in each EU state. According to the Copyright Act levies are paid, inter alia, from the price of computers, tablets, cameras, video-cameras, mobile phones, set-top boxes, smart TVs, MP3 and MP4 players and video game consoles.

 

11. Am I infringing copyright if I watch a movie by streaming it instead of downloading it from the internet?

In the event that the end-user watches a film by streaming it (rather than downloading it from the internet) he or she does not infringe copyright. Despite the fact that the act of reproduction is involved, this is covered by copyright exception (transient and incidental reproduction).

 

12. If copyright-protected works are included into my posts automatically by social media platforms, am I responsible for this and is this a copyright infringement? What if I link to them or embed them in my own website or blog?

In the event that copyright-protected works are included automatically in posts from social media platforms, the end-user is not responsible, but should remove such content as soon as he or she becomes aware of such activity.

In general, linking does not constitute an act of communication to the public, but in certain cases — when the work is communicated to a new public — it may be considered as such an act. This question is not particularly regulated by Slovak law and the only guidance is provided by the CJEU (see C‑466/12, C‑279/13, C‑348/13 or C-160/15). Only the court is able to make a decision as regards specific cases. Due to the indeterminacy of the term ‘new public’ this will also have to be interpreted by the court. The same applies for linking, framing and embedding. However, placing a link, framing or embedding a link obviously infringing content could be considered as communication to the public and therefore seen as copyright infringement.

 

13. When I create a work and upload it online, terms and conditions of many sites ask for me to transfer my copyright to the site. Does that mean I lose all those rights in them for the future?

Slovak copyright law does not allow the transfer of author’s rights as both moral and economic rights are not transferable. The legal regulation of other countries may, however, allow such a transfer and as this would be the legal relation with a foreign element, the law of the other country may apply. Basically, such transfer means that the author loses his or her exclusive rights but it would also depend on the formulation of the terms of use of the particular website and on the applicable law.

 

14. My avatar is based on my favourite movie star, cartoon character or sports club. Can I get in trouble for infringement of copyright or any other legislation because of this?

The issue of copyright to avatars is not settled in Slovak law. Furthermore, even the basic issue ‘who is the author of an avatar’ is not clear (if it is the author/owner of the computer game or the player, possibly both of them). On the one hand, the end-user making the avatar will probably not be responsible for copyright infringement or other related rights. On the other hand, a solution to this matter will depend on many individual factors. If the avatar is only based on a film character, cartoon or other copyright-protected material, it will depend on a case-by-case basis whether the use is covered by a right to caricature exception or some other exception, or whether it is even an original work in its own right and not infringing any copyright at all.

 

15. How do I know whether a work is offered legally or illegally online? 

It is very difficult to find out whether a work is offered legally or illegally; there is no copyright regulation in this matter. The end-user should follow some basic pointers to identify trustworthy websites: the availability of a secure connection, trust certificates (through the image on a website and registration through third-party organisations), available website reviews, to not find the website through a randomly generated email, the website does not request a credit card number as a first step, etc.

 

 

 

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Haftungsausschluss

Die Antworten auf die häufig gestellten Fragen (FAQ) wurden an dem als Statusdatum der Website angegebenen Datum fertiggestellt. Die Erhebung von aktuellen Informationen aus 27 Mitgliedstaaten ist eine aufwendige Aufgabe. Das EUIPO bemüht sich darum, die Informationen auf neuestem Stand zu halten; jedoch können neue Gerichtsurteile und Rechtsänderungen Auswirkungen auf den Inhalt der Fragen und Antworten haben. Weder das EUIPO noch eine andere im Namen des EUIPO handelnde Person haftet für die mögliche Verwendung der FAQ.

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