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22 May 2026

19 Pages

Current Challenges in the Relationship Between Slovenian Copyright Law and EU Law

,
and
Department of Social Gerontology, Alma Mater Europaea University, 2000 Maribor, Slovenia
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Author to whom correspondence should be addressed.

Abstract

The article examines how recent developments in EU copyright law affect Slovenian legislation. The Slovenian system of collective management of copyright and related rights is currently under scrutiny by the European Commission, which has initiated infringement proceedings for failure to correctly apply the InfoSoc Directive and the Collective Rights Management Directive. The forthcoming Streamz decision of the Court of Justice of the European Union, initiated by the Belgian Constitutional Court, may further influence Slovenian copyright rules, given that both Slovenia and Belgium have implemented the Digital Single Market Directive by similar means. A pressing issue in Slovenian copyright law—recently addressed by the Higher Court of Ljubljana—concerns the collection, management, and distribution of the private copying levy as a permissible limitation to exclusive authors’ rights under the InfoSoc Directive. A thorough analysis of these issues reveals a complex interplay between EU and national law regarding the collective management of exclusive authors’ rights and various remuneration rights. Adopting a legal-dogmatic approach and applying textual, purposive, systematic and comparative legal methods, the article provides an overview of Slovenia’s copyright protection system, identifies potential incompatibilities with EU law, and proposes legislative solutions.

1. Introduction

In the field of collective management of copyright and related rights in the Republic of Slovenia, we face numerous challenges in collecting, managing, and distributing copyright royalties and equitable remuneration. The European Commission recently identified some of these challenges and decided to open infringement proceedings for failing to correctly apply the Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (InfoSoc Directive; European Parliament and Council 2001) and the Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (CRM Directive; European Parliament and Council 2014). The European Commission’s main criticism of Slovenian legislation is that it does not allow authors to decide for themselves how to manage their exclusive rights to communicate their works to the public (European Commission 2026).
The latest amendment to the Copyright and Related Rights Act (CRRA-I; National Assembly 2022) has significantly reshaped relationships among key stakeholders in the creation of audiovisual works, i.e., co-authors, performers, and film producers. Slovenia has followed recent trends in comparative law, which, with the introduction of unwaivable and non-transferable remuneration rights, are intended to ensure the fair participation of creators in income from the secondary exploitation of audiovisual works. This strengthens the position of collective management organizations (CMOs) in the European Union (EU), as national laws typically stipulate mandatory collective management for such rights. The relevant provisions of the CRRA-I (National Assembly 2022) transposed Article 18 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive; European Parliament and Council 2019a). The Directive obligates Member States to ensure that authors and performers, when transferring their exclusive rights, receive appropriate and proportionate remuneration. However, the Belgian Constitutional Court (2024) referred the question to the Court of Justice of the European Union (CJEU) for a preliminary ruling on whether such a mandatory, unwaivable, and non-transferable right to remuneration is compatible with EU law. The judgment of the CJEU could therefore also affect Slovenian legislation.
The ability of individuals to legally make a private copy of a work otherwise protected by copyright (“private copying”) is a central feature of many copyright laws worldwide (Stierle 2024). Because this limitation on reproduction rights reduces the need to purchase copyright-protected works, authors are entitled to equitable remuneration to mitigate their loss and achieve a fair balance among all parties involved (Trampuž 2023). Fair compensation, which is unwaivable, must be structured to reflect a “fair balance” between rightsholders and users (Drobež 2025). Since the author’s exclusive right to authorize reproduction of the protected work is the general rule, limitations and exceptions to this right are permitted only if they comply with the three-step test, initially introduced as Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works (WIPO 1886; Geiger et al. 2013). The three-step test requires that the exception be clearly defined in law, that it does not affect the normal exploitation of the work, and that equitable remuneration is provided to rightsholders. EU copyright directives must be interpreted in a manner consistent with the minimum standards established by the convention (Ricketson and Ginsburg 2022). The CJEU has repeatedly confirmed that EU secondary law should, as far as possible, be construed in light of international agreements binding on the EU, including Berne-derived principles (Rosati 2021). The EU is permitted to harmonize further and, in certain respects, exceed Berne standards.
In the cases V Cpg 248/2023 (Higher Court of Ljubljana 2024a) and V Cpg 249/2023 (Higher Court of Ljubljana 2024b), the Slovenian CMO SAZOR GIZ sought payment of the reprography levy from manufacturers and importers of mobile phones. The cases raise questions about the relationship between the reprography exception and the private copying exception, and about whether Slovenia has correctly implemented Article 5 of the InfoSoc Directive (European Parliament and Council 2001).
The thorough analysis of these pressing issues reveals a complex interplay between EU and national law governing the collective management of exclusive authors’ rights and remuneration rights. The article offers an overview of Slovenia’s copyright protection system, highlights potential incompatibilities with EU law, and proposes legislative solutions. The paper’s findings show how Member States can design an effective copyright protection system that complies with EU law.

2. Methods

From a methodological perspective, the paper primarily adopts a doctrinal (legal-dogmatic) approach, grounded in the analysis and systematization of legal sources, including national legislation, EU law, and relevant case law on collective management, exclusive rights, and their exceptions and limitations. In interpreting legal provisions, it relies on established methods of legal interpretation: textual, purposive, and systematic, complemented by a comparative analysis of Slovenian law and selected approaches in other EU Member States. This comparative dimension helps to identify broader trends in the design of remuneration schemes for rightsholders. While the core of the analysis is doctrinal, the paper also includes a normative component, offering proposals de lege ferenda that consider the constraints and objectives of the EU copyright framework.

5. Collective Management of the Private Copying Levy and the Gaps in Slovenian Legislation

5.1. EU Law

Article 2(a) of the InfoSoc Directive (European Parliament and Council 2001) obligates Member States to ensure that authors enjoy the exclusive right to reproduce their works ‘in any form, in any manner, in whole or in part’. Article 5(2)(a) and (b) set out two cases in which Member States may restrict this exclusive right: the reprography exception and the private copying exception. Remuneration for copyright exceptions in the EU is typically collected and distributed through collective rights management (Geiger 2010). The CJEU has interpreted Articles 5(2)(a) and (b) of the InfoSoc Directive (European Parliament and Council 2001) as having direct effect (Rosati 2025).
The CJEU (2015) reiterated that these two exceptions partially overlap. The exception for reprography covers any reproduction on paper or similar media, including reproduction for private purposes. The exception for private copying covers any reproduction for private use, including reproductions on paper or similar media. Reproduction for commercial purposes is allowed only under the reprography exception. The exception for reprography is not based on the technique used but on the result to be achieved. It applies only to reproductions on paper or another medium with similar characteristics, i.e., comparable and equivalent to paper, but only to analog media, not to digital media (CJEU 2013).
From EU law, the following premises arise:
  • National law of the Member States must precisely specify which acts of reproduction are permitted without the rightsholder’s prior authorization and to whom.
  • All exceptions or limitations on copyright and related rights must be grounded in EU law.
  • In specific cases, under EU law, the national legislator must provide a remuneration system for exceptions or limitations to copyright and related rights.
  • Fair compensation must include compensation to the rightsholders for the harm they have suffered due to the unrestricted use of the works.
  • The legislator must establish an effective system for collecting fair compensation (Drobež 2025).

5.2. Implementation of the Private Copying Exception in EU Member States

The EU lacks a uniform system of private copying levies, and Kretschmer (2011) notes that levies on the same devices sold across different EU countries vary substantially. The CJEU, through its case law, contributes significantly to harmonizing the compensation system, particularly in its application to new technologies such as cloud copying (CJEU 2022) and, in the future, probably also to streaming services (Senftleben and Izyumenko 2024).
The Czech Supreme Court recently addressed whether a private copying levy should be paid for smart mobile phones. It held that the fact that a mobile phone is used primarily for making calls, rather than for private copying, is not decisive in determining the author’s right to fair compensation. What is decisive is the product’s very capability to enable its users to make private reproductions of works (Telec and Tůma 2025).

5.3. Implementation of Private Copying Exception in Slovenian Law

Article 50(2) CRRA (National Assembly 1995) grants natural persons the right to reproduce a work freely: 1. on paper or a similar medium using photocopying or other photographic techniques with similar effects, or 2. on any other medium, provided that the copies are for private use, are not distributed or made available to the public, and are not intended to yield any direct or indirect economic benefit. This provision was adopted in 2004 to align Slovenian law’s existing copyright exceptions and limitations with the Infosoc Directive (European Parliament and Council 2001). Article 50 CRRA (National Assembly 1995) distinguishes between natural persons (paragraph 2) and public institutions (paragraph 3), and, within these categories, further distinguishes by medium (Government of the Republic of Slovenia 2004).
The rightsholder cannot prohibit reproduction to the extent permitted under Article 50 CRRA (National Assembly 1995). In exchange, Article 37 grants the rightsholder fair compensation for (1) audio or visual recording and (2) photocopying of protected works. Article 37(2) and (3) further stipulate that compensation for sound and visual recording shall be paid: 1. upon the first sale or import of new sound and visual recording devices, and 2. upon the first sale or import of new blank sound or image carriers. Compensation for photocopying shall be paid: 1. upon the first sale or import of new photocopying equipment, and 2. on photocopies made for sale, monthly according to their estimated number.
Terms such as “audio and visual recording” appear outdated in the context of contemporary technology. In this regard, Article 37(4) states that photocopying is equivalent to other similar reproduction techniques and that devices for audio and visual recording are equivalent to other devices that enable the same effect. But it is unclear whether digital photographs should be classified as “photocopies” or as “audiovisual recordings”. Although they share the static character of photocopies, they are produced in digital form rather than on paper (Drobež 2025).
The Regulation on compensation amounts for private and other personal reproduction (Government of the Republic of Slovenia 2006) lists examples of devices capable of creating »photocopies« or »sound and visual recordings«. Among photocopying devices, Article 4(1) lists only one device capable of transforming a physical item into a digital copy: the optical reader (scanner).

5.4. Collective Management of the Right to Fair Compensation for Private and Personal Use in Slovenia

In Slovenia, two CMOs collect reprography and private copying levies. The SAZOR GIZ collects and distributes reprography levies to authors and publishers of works in literature, science, and journalism, and their translations (SIPO 2007), whereas the Kopriva Association collectively manages the right to fair compensation for audio or visual recordings made under the conditions of private or other personal use, to which authors, performers, phonogram producers, and film producers are entitled (SIPO 2019). The license covers only the collection of fair compensation and its distribution to CMOs, authorized to distribute compensation among the entitled rightsholders. The amount of fair compensation for audio or visual recordings on mobile phones depends on the wholesale price and ranges from €3.20 to €12.20 per device (Kopriva Association and Slovenian Chamber of Commerce 2020).
According to Article 9(3) of the CMCRRA (National Assembly 2016), collective management of fair compensation for private and other personal use of works and their photocopying beyond the scope of Article 50 CRRA (National Assembly 1995) is mandatory. Mandatory collective management of the private copying levy is permissible under EU law because it is treated as a remuneration for an exception to an exclusive right, which is based on EU law.

5.5. Recent Jurisprudence of Slovenian Courts Regarding Levies for Reprography

Recent case law clearly shows that unclear legislation and the unclear scope of CMOs’ licenses harm rightsholders (Higher Court of Ljubljana 2024a, 2024b). SAZOR GIZ sought reprography remuneration from several manufacturers and importers of mobile phones sold in Slovenia between 2016 and 2018, arguing that such devices can function as scanning tools and thereby enable reprographic reproduction. However, the court-appointed expert delivered the opinion that the mobile phone models available during the relevant period did not support high-quality text reproduction, like classic scanners. Upon the opinion of the court expert, the court ruled that these mobile phones were either not used to reproduce copyright-protected works or that any such use was negligible due to the low quality of the copies (Higher Court of Ljubljana 2024a, 2024b). The dismissal of SAZOR’s legal claims obligated SAZOR to pay the full legal costs of the proceedings, which gravely affected its relatively modest revenues.

5.6. Findings

Article 50(2) CRRA (National Assembly 1995) covers two categories of exceptions: 1. copying on paper or a similar medium—reprography—and 2. copying on any other medium. By its wording, it allows copying only for private, non-commercial purposes. Therefore, Article 5(2)(b) of the InfoSoc Directive fully covers both categories. The reprography exception is further covered by Article 5(2)(a) of the InfoSoc Directive (European Parliament and Council 2001), as it relates to copying on paper or a similar medium. However, it is narrower than the latter because it does not cover photocopying for professional purposes. The right to photocopy for professional purposes is construed as an exclusive right under Slovenian law. Still, because it is only managed collectively, the effect for rightsholders is the same as if it were construed as a mere right to compensation. The second category of exception (copying on any other medium), when Slovenian law is interpreted consistently with the InfoSoc Directive (European Parliament and Council 2001), must be understood to cover only analog copies and exclude digital ones (CJEU 2013).
We believe that the wording of Article 37(1) CRRA (National Assembly 1995) should not differ from that of Article 50. The Article 37 CRRA should explicitly state that fair compensation is due for (1) mechanical photocopying (reprography) and (2) reproduction on other media, including digital copies. Supplementing the law with explanations beyond its literal meaning (such as Article 37(4) CRRA) is confusing and, when remuneration is divided between two CMOs, may lead to numerous legal disputes. The system should be designed so that certain types of use are not excluded from the remuneration system, while at the same time preventing double-charging users. Only such a system is effective and compliant with EU law requirements (Drobež 2025).

6. Discussion

Mandatory collective management under Slovenian law goes beyond the mere obligation of rightsholders to exercise their rights through a CMO. The Slovenian system provides for a statutory transfer of exclusive rights to a CMO, which may occur even against the rightsholder’s will. The adoption of the CRRA-I (National Assembly 2022) drew the European Commission’s attention because the legislation extended mandatory collective management to the communication to the public of audiovisual works, including communication via the internet. Considering the CJEU judgment in Soulier (CJEU 2016), we concur with the opinion of von Ungern-Sternberg (2020) that mandatory collective management of exclusive rights is permissible only when EU law itself provides for a limitation or exception to the exclusive right concerned or prescribes mandatory collective management, such as in the case of cable retransmission (European Parliament and Council 2001) and the retransmission of television and radio programs (European Parliament and Council 2019b). Since Slovenian law appears to exceed the limits set by EU law, we consider it likely that the European Commission, in the proceedings against Slovenia, will find an infringement of Article 3 of the InfoSoc Directive (European Parliament and Council 2001), which confers on the authors the exclusive right of communication of their works to the public, and of the CRM Directive (European Parliament and Council 2014), which allows the rightsholder to choose which CMO will manage their rights freely. A system based on contractual collective management could also incentivize CMOs to operate more efficiently. If rightsholders were free to choose their CMO, organizations would face pressure to reduce administrative costs and improve their distribution practices. This, in turn, could limit the accumulation of unallocated revenues and reduce the extent to which funds remain unduly retained at the level of the CMO. The introduction of rebuttable judicial presumptions that the existing CMO manages the rights in works exploited by users could provide sufficient legal certainty and predictability for users. In our view, safeguarding predictability in the use of copyrighted content does not require a legal mandate (legal trusteeship), which constitutes a disproportionate interference with rightsholders’ exclusive rights.
The CRRA-I (National Assembly 2022) introduced several new remuneration rights, among which the unwaivable and non-transferable “residual” remuneration rights for the communication to the public of audiovisual works are particularly significant. These rights allow authors of audiovisual works to retain a claim to remuneration despite the transfer of exclusive rights to the film producer, thereby ensuring their fair participation in revenues from the secondary exploitation of such works. Comparative law recognizes similar mechanisms (Despringe 2025). However, introducing such statutory remuneration rights interferes with contractual freedom in audiovisual production and may undermine legal certainty. Comparative approaches in Austria (Justizausschuss des Nationalrates 2005), Germany (Bundesregierung 1998), and Switzerland (Eidgenössisches Institut für Geistiges Eigentum 2017) ensure that the enforcement of residual remuneration rights does not interfere with pre-existing contractual arrangements between authors and producers. For this reason, Article 31 CRRA-I should be amended to clarify that the newly introduced remuneration rights apply only to film production contracts concluded after it enters into force. Such a solution would ensure compliance with Article 26 of the DSM Directive (European Parliament and Council 2019a). Furthermore, legal trusteeship should be avoided in cases involving residual remuneration rights. Not all EU Member States provide for equivalent remuneration rights, and even fewer third countries that account for a significant share of the audiovisual and musical works consumed by EU citizens, such as the USA, do so. In such circumstances, statutory trusteeship of residual remuneration rights may result in a growing accumulation of funds at the CMO level, as collected amounts often cannot be distributed when beneficiaries cannot be identified or contacted. The CJEU, in the Streamz case, can clarify in detail the strict conditions under which it is permissible to introduce a residual remuneration right subject to mandatory collective management. From this perspective, the Streamz case will be of considerable importance for the Slovenian copyright landscape.
The challenges within the Slovenian copyright legislative framework stem not only from recent statutory amendments but also from earlier, suboptimal implementations of EU law. Rapid technical development and digitalization have exposed the outdated nature of the current legislative framework. The widespread use of mobile phones has significantly changed how written works are reproduced. Copies may be made either through dedicated scanning applications or simply by photographing the work with the device’s built-in camera. While it is plausible that reproducing literary and scientific works on mobile phones has become routine, only empirical data could confirm the true scope of this practice. Under Article 50(2) CRRA (National Assembly 1995), such reproductions fall within the private copying exception. Yet uncertainty arises regarding remuneration: it is not entirely clear whether these acts should be treated as “photocopying” or as “audio and visual recording” within the meaning of Article 37(1)? This distinction is crucial because it determines the competent CMO. Given that the Kopriva Association, under the Joint Agreement with Slovenian Chamber of Commerce (Kopriva Association and Slovenian Chamber of Commerce 2020), collects compensation for storage capacity in mobile devices, mobile phone copying appears to be at least partially covered. The more nuanced question, however, is whether the increasing use of scanning technologies has expanded the volume of reproductions to the point that the remuneration collected through Kopriva and ZAMP no longer corresponds to the actual harm suffered by rightsholders. Greater legislative coherence between Articles 37 and 50 ZASP, together with appropriately aligned collective management mandates, would enhance legal clarity in this regard (Drobež 2025).
The thorough analysis of pressing issues in the collective management of exclusive and remuneration rights reveals a complex interplay between EU and national law. The article offers an overview of Slovenia’s copyright protection system, highlights potential incompatibilities with EU law, and proposes legislative solutions. The paper’s findings show that Member States can design an effective copyright protection system that respects EU law.

Author Contributions

Conceptualization, E.D. and V.R.; methodology, E.D.; validation, D.B.; formal analysis, E.D., investigation, V.R.; resources, E.D.; data curation, D.B.; writing—original draft preparation, E.D.; writing—review and editing, V.R.; visualization, D.B.; supervision, V.R.; project administration, E.D.; funding acquisition, E.D. All authors have read and agreed to the published version of the manuscript.

Funding

This research was funded by the Slovenian Research and Innovation Agency (ARIS) and the Ministry of the Economy, Tourism, and Sport, research project V5-24014: Effectiveness of the collective management system for copyright and related rights in the Republic of Slovenia, by the ARIS, research project L5-70198: Social innovations for integrated care of older adults living in the community, and by the ARIS, research program P5-0342: Socio-cultural and Organizational Aspects of Knowledge and Technology Transfer.

Institutional Review Board Statement

Not applicable.

Data Availability Statement

The original contributions presented in this study are included in the article. Further inquiries can be directed to the corresponding author.

Conflicts of Interest

The authors declare no conflicts of interest.

Abbreviations

The following abbreviations are used in this manuscript:
InfoSocInformation Society
CRMCollective Rights Management
CRRA-IAct Amending the Copyright and Related Rights Act
CRRACopyright and Related Rights Act
EUEuropean Union
DSMDigital Single Market
CJEUCourt of Justice of the European Union
WIPOWorld Intellectual Property Organization
CMCRRACollective Management of Copyright and Related Rights Act
IPFInstitute for the Collective Management of Performers’ and Phonogram Producers’ Rights
SAZAS Society of Composers, Authors and Publishers for Copyright Protection in Slovenia
AIPACollecting Society of Authors, Performers and Producers of Audiovisual Works of Slovenia
TFEU Treaty on Functioning of the European Union
ZAMPAssociation of Authors and Holders of Small and Other Copyrights of Slovenia
USAUnited States of America
SAZOR GIZSlovenian Copyright and Publishing Organization for Reproduction Rights
SIPOSlovenian Intellectual Property Office

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