Pursuant to Section 42 of the Copyright Act No 185/2015 Coll. (hereinafter referred to as “Copyright Act”), copyright is not infringed by a natural person who without authorisation of its author uses the work by making a copy for his own private purpose which is neither directly nor indirectly commercial.
Pursuant to Section 36 (2) of the Copyright Act, for the use of such work there is an obligation to pay a private copying remuneration to the author.
The private copying remuneration or so called "compensation for remuneration" under Section 36 (3) of the Copyright Act has to be paid by a manufacturer, recipient from a Member state, importer from a third country or any other person that places a technical device allowing to make a temporary or permanent copy of the work, to save or preserve a copy of the work, or a blank recording medium allowing to save or preserve a copy of the work on the market in the Slovak Republic for the first time, with the purpose of selling, including online sale via the internet.
Pursuant to Section 166 (1) of the Copyright Act, the person obliged to pay private copying remuneration is pursuant to Section 36 (3) of the Copyright Act obliged to provide the collective rights management organisation with information needed to duly perform the collective rights management.
Pursuant to Section 167 (1) of the Copyright Act, the person obliged to pay private copying remuneration pursuant to Section 36 (3) shall notify the relevant collective rights management organisation providing information on the type, amount and import price or purchase price of imported, accepted, sold recording media or recording media, technical devices or equipment placed on the market in a different manner in the Slovak Republic for the first time, including the online sale via the internet, or data on the total income for copying services, each quarter of the year, always no later on the 10th day of the first month following the calendar quarter of the year; should this obligation not be met even after an additional period of time defined by the relevant collective rights management organisation, the amount of private copying remuneration shall be doubled. The amount of private copying remuneration shall be doubled also in case, the difference between the amounts of private copying remuneration calculated on the basis of submitted information and the correct amount of private copying remuneration is negative.
Pursuant to Section 167 (2) of the Copyright Act, the person obliged to pay private copying remuneration pursuant to Section 36 (3) shall pay private copying remuneration pursuant to Section 36 (2) to the relevant collective rights management organisation quarterly, till the end of the first month following the calendar quarter.
Pursuant to Section 167 (3) of the Copyright Act, private copying remuneration is not paid for a technical device or blank recording medium pursuant to Section 36 (3) (a) if exported to the third country or sent to the Member state. The private copying remuneration is not paid also for a technical device or blank recording medium pursuant to Section 36 (3) (a) if demonstrably used for the personal use of the importer or recipient.
Pursuant to Section 167 (4) of the Copyright Act, the person obliged to pay private copying remuneration pursuant to Section 36 (3) shall submit information to the relevant collective rights management organisation about the registered office of the purchaser, type, amount, import price, export price or purchase price of technical devices or blank recording media pursuant to Section 36 (3) (a) if exported to the third country or sent to the Member state with the purpose of selling, quarterly, till the end of the first month following the calendar quarter.
Pursuant to Section 167 (5) of the Copyright Act, should the seller, recipient or forwarding agent of technical devices or blank recording media pursuant to Section 36 (3) (a) not provide the relevant collective rights management organisation, under its written appeal, with data needed to specify the person obliged to pay private copying remuneration pursuant to Section 36 (3), he shall be obliged to pay private copying remuneration pursuant to Section 36 (2) instead of that person.
How to notify the requested data?
It is necessary to complete the form “Notification on production and import of blank recording media and technical vicedes” for making copies of subjects protected by the Copyright Act duly and completely, to sign and stamp it and deliver electronically or by post to SOZA always no later on the 10th day after the end of the calendar quarter of the year. After checking the notified data, SOZA shall issue and send an invoice to you to pay private copying remuneration.
To get more information please send an email to: isna@soza.sk.