Intensity of interference with authors' rights to manage their rights in Slovenian law - aspects of EU law and comparative legal aspects

Abstract

The Directive 2014/26/EU introduced common rules on the management of CMOs, which strengthen the position of rightholders as members of these organizations and ensure their effective participation in decision-making. Ten years after its adoption, the European Commission is examining whether Member states have successfully implemented it, and its attention has also turned to Slovenia. The Commission emphasizes that the Slovenian legal framework still operates in a paternalistic manner and does not fully recognize authors' exclusive rights to their works, which is contrary to EU law. In this article, we will examine whether Slovenian legislation restricts rightholders more severly in the management of their rights than other Member States. We will explore the different forms of collective management, examine how Slovenian legislation takes them into account. Next, we will consider the copyright legislation in comparative law, in Austria, Germany and Croatia. In assessing the effectiveness of CMOs, this article limits itself to comparative legal aspects, which dictates the use of comparative legal research methods. The purpose of the article is to determine whether the Slovenian copyright law is a special case that warrants greater attention from the European Commission as in other MS. The article will contribute to the interpretation of the relationship between the European Commission and MS in determining infringements in the field of the implementation of EU copyright law.