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From: LENART ŠETINC <lenartset@gmail.com>
Date: V pon., 13. jan. 2020 ob 16:22
Subject: Re: photos from unpublished private archives

Article 63 of the ZASP stipulates that in anonymous and pseudonymous works, as well as in audiovisual and collective works that have not been lawfully published, protection shall expire within 70 years from the date of their creation (so such works have no protection if created before 1. 1. 1950).

For photographic works that have not been published (accessible to the public in publications, museums, libraries ...) and whose author is known, free use (without the consent of the copyright holder) occurs 70 years after the author's death.

Pursuant to Directive 2012/28 / EU of the European Parliament and of the Council of 25 October 2012 on certain authorized uses of orphan works (OJ L 299, 27.10.2012, p. 5), 50.d articles the possibility of using - after careful search - copyrighted works that cannot determine who the author is. However, only a book, magazine, newspaper or other text, audiovisual work and phonogram and other copyrighted work that is an integral part of, or included in, a collection of publicly available archives, libraries, museums, educational institutions or institutions may be considered orphan work. film or audio heritage. It is therefore a publicly published work.

It should be noted, however, that not all photographs are copyrighted work. In order to be recognized as a work of authorship, they must fulfill the conditions of Article 5 of the ZASP: that they are individual intellectual creations in the field of literature, science and art, which are expressed in any way. They are not copyrighted works, for example: routine photojournalism, average amateur photographs (family, holiday, occasional shots), routine portraits for documents, etc. However, it is necessary to evaluate individually for each photographic work whether the conditions laid down in the first paragraph of Article 5 are fulfilled.

However, a distinction must be made between copyright in photographic copyrighted works and ownership in the medium of the photograph (paper, film or other medium). Thus, in the case of a routine photojournalism shot that does not qualify for copyright work, the photographer has the right to freely dispose of the holder of the photo. When photographing and publishing photographs, the personal rights of the persons depicted in the photo protected by the Constitution of the Republic of Slovenia should also be taken into account (Article 35 own right; see also: ZVOP-1 Personal Data Protection Act).

Greetings, Lenart Šetinc

  1. Copyright and related rights act