English
FREQUENTLY ASKED QUESTIONS
PRIVATE COPYING SYSTEM IN SLOVENIA
Private copying – what does it mean?
The Copyright Act places the right of reproduction on top of the list among material rights. Author is granted the exclusive right to permit or prohibit the use of his work and copies thereof. Reproduction is a fixation of copyrighted work on a material carrier or other specimen, directly or indirectly, temporarily or permanently, partially or completely, and by any means or in any form. Audio or visual recording is one of the forms of reproduction.
Despite such a special emphasis, the same Law also sets limitations to this important right. Mass private reproduction of copyrighted works makes it impossible to establish Individual relationships between so many unknown users and rightsholders. The Law thus enables a free reproduction of copyrighted works for non-commercial purposes by a natural person for private use, provided that the number of copies is limited and that the rightsholders receive a fair compensation.
In exchange for such free use, the Law entitles the rights holders to fair compensation. Payment of such compensation is imposed on manufacturers and importers of devices and carriers that enable sound and visual recording.
The Intellectual Property Office of the Republic of Slovenia has entrusted Kopriva to collect compensation for audio or visual recordings made under the conditions of private or other personal use. Legal basis for collections consists of the Copyright Act (ZASP), the Act on Collective Management of Rights (ZKUASP) and the Joint Agreement concluded between Kopriva and the Chamber of Commerce of Slovenia (Official Gazette of the Republic of Slovenia dated 24 January 2020, UL RS 04/2020).
Since when is the private copying system in place in Republic of Slovenia?
The Copyright Act introduced the Private Copying Levy in 1995. Collections by Kopriva started on 1st July 2019, as defined by the Licence of the Intellectual Property Office of the Republic of Slovenia and the Joint Agreement with the Chamber of Commerce of Republic of Slovenia.
Which company has the right in Slovenia to collect the remuneration?
Kopriva k.o. is the only licensed Collective Management Organisation (CMO) for audio and visual recording Private Copying Levies. Another CMO (Sazor k.o.) collects remuneration for reprography (photocopying).
TARIFF SYSTEM
Joint Agreement with Chamber of Commerce
In accordance with the Law, the tariff system is set by the Joint Agreement between Chamber of Commerce of Republic of Slovenia and Kopriva: https://www.kopriva.si/wp-content/uploads/2024/03/Joint-Agreement-official-Slo-unofficial-Eng.pdf
What are the current Tariffs:
The updated Tariffs for 2023: https://www.uradni-list.si/1/objava.jsp?sop=2023-01-0435.
Are there any discounts available?
By signing the individual Contract with Kopriva, the Client may secure the following discounts:
a) 5% discount for concluding a contract;
b) 5% discount for monthly reporting and payment schedule;
c) 5% discount for reporting in a template form provided by Kopriva;
d) 5% discount for consenting to access Client’s data for the purposes of inspecting the validity of its reports.
Additional 5% discount applies to the Clients who sign their individual contracts with KOPRIVA within 30 days from commencement of their commercial activity in Slovenia.
The choice of discount options is up to the Client. Discounts sum up to a maximum of 25%.
Individual Contract sample (“Vzorec pogodbe z uporabnikom”): https://www.kopriva.si/wp-content/uploads/2024/03/Individual-Contract-Kopriva-SLOENG-2.pdf
Is the compensation due for the import of refurbished devices?
Yes. Such devices enable private reproduction, they are introduced to the Slovenian market for the first time and the compensation for private reproduction has not yet been paid in the Republic of Slovenia. Please note there’s a reduced compensation for all multi-functional devices: the compensation is set according to their price, so the lower price of refurbuished devices will determine the lower compensation for such products.
Are there any products or persons exempted from the obligation of payment?
According to the Copyright Act, the persons are not liable to pay the remuneration for:
1) imports intended for private and non-commercial use as part of their personal luggage;
2) devices and media sold or imported for the first time for the purposes of commercial reproduction of copyrighted works, where the rightholder’s authorization is required;
3) devices and media sold or imported for the first time for the purposes of reproduction of copyrighted works for the benefit of disabled persons, if directly connected to their disability;
4) Manufacturers of devices are not liable for media made for exportation.
LIABILITY
Who is responsible for paying the remuneration?
In accordance with the Copyright Law, the persons liable to pay the remuneration are the manufacturers and importers of the media and devices that enable private copying.
How do persons liable register with Kopriva?
The Client’s obligation of accounting and paying to Kopriva is set explicitly by the Law. Kopriva enters the Client’s data in its’ register upon any of these events:
– receipt of the Client’s notice or
– identifying the Client’s activity in the market or
– receipt of the Client’s first report or
– signing the individual Contract with Client or
– identifying the Client from other public information
Is there a fee for registering?
No.
How long does this take to process the registration?
Up to 7 days.
IMPORT
What is considered as import?
The Copyright Law defines import as:
– each admission to the territory of the Republic of Slovenia from other EU Member States
AND/OR
– release of goods into free circulation in accordance with customs regulations of the European Community.
DISTANCE SELLERS / ONLINE VENDORS
Is a company based abroad obligated to pay copyright levies in Slovenia for the products sold to end customers in Slovenia?
Yes. The persons liable are those who make or import devices and media available to the market of the Republic of Slovenia.
Are the sellers from other EU countries obligated to pay remuneration?
Yes. The Copyright Law qualifies the import as the release of goods into free circulation in accordance with customs regulations of the European Community, AND as each admission to the territory of the Republic of Slovenia from other EU Member States.
Can a Slovenian online marketplace take over the obligation of reporting and/or payment from its’ seller located in another country?
Yes.
Can a manufacturer located in another member state take over the obligation of its’ Slovenian importer(s) and register with Kopriva?
Yes.
INDIVIDUAL CONTRACT WITH KOPRIVA
Is the contract with Kopriva obligatory?
No, individual Contract with Kopriva is voluntary. The Client’s obligation to report to Kopriva is already defined expressly by the Law, individual Contract furthermore specifies the relationship AND enables application of discounts.
If there’s an obligation under the Law, what’s the purpose of the individual contract?
Individual voluntary contract furthermore specifies the relationship between persons liable and Kopriva. The contract also enables the application of the following discounts:
a) 5% discount for concluding a contract;
b) 5% discount for monthly reporting and payment schedule,
c) 5% discount for reporting in the template form provided by Kopriva
d) 5% discount for consenting to access Client’s data for the purposes of inspecting the validity of its reports,
e) 5% discount for concluding a contract and paying remuneration within 30 days from commencement of manufacturing in Slovenia or importing to Slovenia
The choice of discount options is up to the Client. Discounts stated above sum up to 25%.
Individual Contract sample (“Vzorec pogodbe z uporabnikom”): https://www.kopriva.si/wp-content/uploads/2024/03/Individual-Contract-Kopriva-SLOENG-2.pdf
REPORTING / ACCOUNTING
How often is the reporting due?
Copyright Law requires semi-annual reporting (twice a year, at the end of the semi-annual period).
On the other hand, you may choose monthly reporting. In this case you need to sign an individual Contract with Kopriva. This automatically secures a 10% discount (5% for signing the Contract + 5% for monthly reporting) and enables other optional discounts (see above).
What is the deadline for reporting?
The reporting deadline is the 25th day after expiration of the chosen reporting period.
How should the report be sent?
E-Mail reports are to be sent to these e-mail addresses:
zavezanci@kopriva.si
info@kopriva.si
Is there a template for the report?
Reporting template is published at: https://www.kopriva.si/wp-content/uploads/2024/03/KOPRIVA-Reporting-template-from-1.7.2023.xlsx
Template is in Slovenian language and contains 4 sheets:
– client’s registration data
– quotation of Tariffs
– reporting sheet (clicking the right-side arrow of the »Column A« enables scrolling between categories)
– statement by the person who fills out the form
Which product information needs to be provided?
The report requires submitting these elements:
– tariff code (choose by the right-side arrow of the Template’s »Column A«);
– type of the product;
– name/brand of producer;
– specific model/name of the product
– number of manufactured or imported units
Please see a reporting template: https://www.kopriva.si/wp-content/uploads/2024/03/KOPRIVA-Reporting-template-from-1.7.2023.xlsx
Does the report require a signature?
No.
How is the remuneration invoiced?
Your report will be processed withinh 7 days and you’ll receive an invoice from Kopriva.
Is there any VAT applicable?
There’s no VAT applicable to the private copying levy remuneration.
If there are zero imports to Slovenia during a reporting period, is a report to KOPRIVA still required?
Yes.
CONFIDENTIALITY
How do you ensure data protection?
The method of protecting the obtained data is determined by the Law itself, specifically Article 48 of the ZKUASP. The collected data can only be used for the purpose for which they were given, and must not be disclosed to any unauthorized persons.
PRODUCTS SUBJECTED TO REMUNERATION
The Joint Agreement with a Chamber of Commerce of Republic of Slovenia specifies the following product categories:
– Computer: any product declared by the manufacturer as a tabletop, laptop or other type of computer, excluding a tablet (see “tablet” below).
– Tablet and Other Device with integrated memory: any product declared by the manufacturer as a tablet (tablet computer) and any product with an integrated memory unit enabling the consumption (use, playing, presenting, etc.) of Audio and/or Visual content (i.e. smartbox, media player, game console, mp3 player, transport vehicle, etc.).
– Mobile Phone: any product with an integrated memory unit declared by the manufacturer as a mobile phone, enabling the consumption (use, playing, presenting, etc.) of Audio and/or Visual content.
– Other Mobile Device: any mobile product with an integrated memory unit enabling the consumption (use, playing, presenting, etc.) of audio and/or visual content (i.e. a smartwatch, headphones with integrated memory etc).
– Hard Disk (HDD) and SSD: any product declared by the manufacturer as a hard disk (HDD) or a solid-state disk (SSD) that is not a part of a computer.
– USB Memory Unit (USB key) and Memory Card: any type of external memory unit, particularly USB keys, CompactFlash (CF), Secure Digital (SD), SDHC, SDXC, MicroSD, MicroSDHC and MicroSDXC, etc.
– Analog Recorders: an individual device enabling an analogue fixation of Audio and/or Visual content (i.e. cassette player, tape recorder and other similar devices, video recorder and other similar devices).
– Digital Recorders:
a) AV recorder: an individual device enabling a digital reproduction of Audio and/or Visual content (i.e. CD writer, DVD writer, BluRay writer, minidisc writer, digital camera, etc.)
b) Computer recorder: an individual device enabling a digital reproduction of Audio and/or Visual content (i.e. computer writer for CDs, DVDs, BluRays, etc.).
– Analog Media: individual mediums enabling analogue recording of Audio and/or Visual content onto them (i.e. audio cassette, videocassette, magnetic tape and other similar media).
– Digital Optic Media (CD, DVD, BluRay, etc.): digital optic media enabling a digital fixation of Audio and/or Visual content primarily used for a single fixation of the content.
Plese note this is unofficial English translation, the original text here: https://www.kopriva.si/wp-content/uploads/2024/03/Joint-Agreement-official-Slo-unofficial-Eng.pdf