Web Content Display Web Content Display

A great amount of various cultural objects, such as paintings, historical objects, books, digital depictions of large estates, such as castles or squares is accessible on the Slovakiana portal. The possibility to enable access to cultural objects depends on the evaluation of the state of legal protection linked to the cultural object. Depending on the typology of the cultural object concerned, this protection is mostly one of intellectual ownership (copyright). It is, however, also important not to disregard the protection of private information, latent facts or the intention to safeguard itself i.e. of an archeological site by non-publication of certain metadata. Therefore, a situation may arise in which a cultural object not protected by copyright can nevertheless not be made accessible at all, or only in a limited scope.

The main legal act in the field of copyright is Act No. 185/2015 Coll. Copyright Act, which contains the preconditions of work creation, the acceptable use thereof and the length of duration of their protection and any other related topics. Only those pieces may be published on the Slovakiana portal, where the duration of copyright protection has elapsed, making the piece “free”; or such pieces where a license has been granted enabling their usage for purposes such as this.

A certain exception is the institution of so called “orphaned pieces”. An orphaned piece is a verbal art-piece in written form, such as a book, a magazine, a newspaper or a musical composition, as well as an audio-visual piece, where the author cannot be established at all or if established, cannot be located despite genuine effort. Another condition is that the piece must be stored in a library, an archive or a museum, a school or a legal depository. In case these conditions are met, the piece may be published on the Slovakiana portal, until the author comes forth and ends the “orphaned” status of the piece.

A special category of pieces is of those which are commercially inaccessible. Based on the current laws concerning copyright, these are pieces in written form, especially books, magazines or newspapers, the copies of which cannot be obtained by standard commercial methods (this does not include the purchase of a used or second-hand item). These must also be stored in a library, an archive or a museum. They must also be registered in the publically accessible list of commercially unavailable pieces kept by the Slovak National Library. The possibility of making these pieces available is conditioned by the extension of the collective license treaty.

To summarize, the following types of cultural objects may be published on the portal:
  • Cultural objects, not protected by copyright, where no legal hindrance exists to prevent their accessibility;
  • In the case of cultural objects which are subject to copyright:
    • Cultural objects where the intellectual property protection has expired
    • Cultural objects, which can be published due to a legal exception or specific regime
    • Cultural objects, where the legal provisions for their publishing have been met.