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Amendment Of The Copyright Law

Original Language Title: změna autorského zákona

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102/2017 Sb.



LAW



of 9 June. March 2017,



amending Act No. 121/2000 Coll. on copyright, rights

related to copyright and on the amendment of certain laws (copyright

Act), as amended



Parliament has passed the following Act of the United States:



Article. (I)



Act 121/2000 Coll., on copyright, rights related to

Copyright and on amendments to certain laws (Copyright Act), as amended by

Act No. 81/2005 Coll., Act No. 61/2006 Coll., Act No. 186/2006 Coll.

Act No. 216/2006 Coll., Act No. 168/2008 Coll., Act No. 41/2009 Coll.

Act No. 227/2009 Coll., Act No. 153/2010 Coll., Act No. 424/2010 Coll.

Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act No. 18/2012 Coll.

Act No. 496/2012 Coll., Act No. 156/2013 Coll., Act No. 303/2013 Coll.

Act No. 64/2014 Coll., Act No. 228/2014 Coll., Act No. 355/2014 Coll.

Act No. 356/2014 Coll., Act No. 250/2016 Coll. and Act No. 298/2016

Coll., is amended as follows:



1. In paragraph 1 (b). (b)), point 6, the words "in connection with the making of

copies of works issued by him for the personal use of ' shall be deleted.



2. In paragraph 1, subparagraph (e) at the end of the text), the words "(hereinafter referred to as

"collective administration") ".



3. Footnote 1 is added:



"1) Council Directive 93/83/EEC of 27 June. September 1993 on the coordination of certain

provisions relating to copyright and related rights in the

copyright applicable to satellite broadcasting and cable retransmission.



European Parliament and Council Directive 96/9/EC of 11 December 1997. March 1996 on

the legal protection of databases.



European Parliament and Council Directive 2001/29/EC of 22 December 2004. May 2001

on the harmonisation of certain aspects of copyright and rights

related rights in the information society.



European Parliament and Council Directive 2001/84/EC of 27 June 2002. September 2001 on

on the resale right for the benefit of the author of the original work of art.



European Parliament and Council Directive 2004/48/EC of 29 April 2004. April 2004

on the enforcement of intellectual property rights.



European Parliament and Council Directive 2006/115/EC of 12 July 2005. December

2006 on rental right and lending right and on certain rights in the field of

intellectual property rights related to copyright.



European Parliament and Council Directive 2006/116/EC of 12 July 2005. December

2006 on the term of protection of copyright and of certain rights with him

related.



European Parliament and Council directive 2009/24/EC of 23 December 2003. April 2009

on the legal protection of computer programs.



Directive of the European Parliament and of the Council of 2011/77/EC of 27 June 2002. September 2011

amending Directive 2006/116/EC on the term of protection of copyright and

certain related rights.



Directive of the European Parliament and of the Council of 2012/28/EU of 25. October 2012

about some of the permitted use of orphan works.



Directive of the European Parliament and of the Council/26/EU of 26 March. February 2014

on collective management of copyright and related rights and

the licensing of more territory for the rights to the use of musical works online

in the internal market ".



4. In article 2 (2). 2, the words "if it is original in the sense that it is" be replaced by

the words "photography and creation expressed similar photo,

which are original in the sense that they are "and the last sentence shall be deleted.



5. In paragraph 6, the word "register" shall be replaced by "the list".



6. in article 11, paragraph 5 is added:



"(5) After the author's death, no one may arrogate its authorship to the workpiece.

The work may be used only in a way nesnižujícím the value of the work. If it is

normal and unless the work of anonymous, its use must be given

author. Protection can claim even after the demise of the property rights of the person

the author, a legal entity which brings together authors or the relevant

the collective administrator. ".



Footnote 1 is deleted.



7. In part one, title I, part 3, under the heading of section 3 added

the new subsection (1), including the title reads as follows:



"Subsection 1



Rights work ".



8. § 12 para. 4 at the end of the introductory part of the provisions of the following Word

"in particular".



9. In article 12, paragraph 5 shall be deleted.



10. in paragraph 23, second sentence, including footnote 1b deleted.



11. In part one, title I, part 3, section 4, including the designation of the title

repealed and sections 5 to 8 shall be renumbered sections 4 to 7.



12. under the first title I, part 3, section 3, the section 23 added

the new subsection 2, including the title reads as follows:



"Subsection 2



Other property rights ".



13. in § 24 para. 2 the words "the register pursuant to § 100 para. 1 (b). (e)) "

replaced by the words "in accordance with § 97c list paragraph. 1. "



14. in § 24 para. 3, the word "artist" is replaced with "author".



15. in section 24 para. 6 the first sentence, after the words "referred to in paragraph 1 ' shall be

the words ", including the information used to identify the seller", for

the first sentence, the following sentence "the particulars used to identify the seller

can the collective administrator request only in justified cases,

in particular, in the case of a challenge to the controversial sale of the purchase price or

payment of remuneration by the merchant, and must ensure the protection of

provided personal data. "and in the fourth sentence, the words" real

Sales "are replaced by the word" purchase ".



16. in section 26 para. 2, after the word "audiovisual" the words "and works

Audio-visually applied "and at the end of the paragraph, the following sentence" the State funds

referred to in the third sentence of the lead the list of the names of authors whose property

Rights inherited or conferred State, updated it for each calendar

year and until 31 December 2006. January 1 of the following calendar year to be published on the

its website. ".



17. in section 27a para. 4, the second sentence shall be deleted.



18. in section 27a para. 4, the second sentence shall be inserted after the phrase "the person of the

their status in writing without undue delay inform the competent

the collective administrator. In the absence of such use, the author shall be entitled to

exit status of orphaned works, by giving written notice of its authorship to the

piece collective administrators, who leads the list of orphan works

under this Act. ", in the last sentence, the words" for its authors,

not intended or found, "shall be deleted and the word" third "

replaced by the word "fourth".



19. In the heading of section 7, the words "and the first publication of undisclosed

free works "shall be deleted.



20. In article 28, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



21. in section 29 para. 1 the words "this Act" shall be replaced by

"the law".



22. in section 29 para. 2, after the words "(§ 35 para. 3) "the words",

the license for copies of works from their own collections, for archival and


preservative needs [§ 37 para. 1 (a))] ".



23. in section 30 paragraph 2. 5, the word "art" is deleted.



24. Under the designation of § 30b, the following title is added: "the Presentation or

fix the unit ".



25. In part one, title I, part 4, the designation section 3, including title

repealed.



26. in section 36, after the word "soubornému", the words ", which is

the databases ".



27. in § 37 para. 1 at the end of the text of subparagraph (a)), the words ", and it

in numbers and formats needed for the permanent preservation of art ".



28. in § 37 para. 1 (b). (d)), after the word "defended" the following Word

"the Bachelor,".



29. in § 37 para. 2, after the words "National Library of the Czech Republic"

the words "(hereinafter referred to as the" National Library ")," and the word "State"

replaced by the word "national".



30. In article 37, paragraph 3 reads:



"(3) paragraph 2 shall not apply to copies of works recorded on

sound, sound-image or other records, the use of which is subject to

sales or licensing terms, unless it is a lending on the spot

the heart or the material copy of the record, which is an accessory

a material copy of a work. The person referred to in paragraph 1 is required to use the

lending on the spot to avoid the reproduction options

such record. ".



31. in § 37 para. 5, the words ", if it reasonably required"

be deleted and the words "borrowing and" shall be replaced by "borrowing, and if it can be

After the reasonably required ".



32. In the heading of section 38, the words ' disabled ' is replaced by

"persons with disabilities".



33. In § 38 paragraph 1(a). 1 (b). a), the words "handicapped" are replaced by

the words "persons with disabilities" and the word "issued" shall be deleted.



34. In § 38 paragraph 1(a). 1 (b)):



"(b)) exclusively for the needs of people with Visual or hearing disabilities and

not for direct or indirect economic or commercial

the benefit shall affix the copy of the sound image

audiovisual work verbal expression of image folders or by adding

image or text the means necessary to make the work

such people; thus completed audiovisual work, it could also be

reproduced, transmitted or communicated, if not done for the purpose of

direct or indirect economic or commercial benefit. ".



35. In article 38, after paragraph 1 the following new paragraphs 2 and 3, including the

footnote # 15:



"(2) paragraph 1 shall apply to audiovisual works only if

It was granted.



(3) Copyright does not interact with The person who operates the tv

the broadcast and in accordance with the law sends the show ^ 15) complete with sound

the description, which is used to make the show people with Visual

disabilities, if this service is not charged, or if it happens.

for the purpose of direct or indirect economic or commercial

benefit.



15) § 2 (2). 1 (b). l) Act No. 231/2001 Coll. on the operation of

radio and television broadcasting, and amending other laws, as amended by

amended. ".



Paragraphs 2 and 3 shall become paragraphs 4 and 5.



36. In § 38 paragraph 1(a). 4 the words ' disabled ' is replaced by

"people with disabilities".



37. In paragraph 38 (a) of paragraph 1. 1 (b). and), the word "mediator" shall be replaced by

"broker".



38. In section 38d (a). (b)), the words "or shall propose changes completed

the building, which is an expression of architectural work, "shall be replaced by

"architectural work expressed by building, drawing or plan shall be used for

the purpose of maintenance work or changes to the finished structure "and after the word

"values" is added after the word "architectural".



39. Under section 38f designation, the following title is added: "the license for

the common house aerials ".



40. the following section is inserted after section 38f 38 g that including the title reads as follows:



"§ 38 g



License for caricature and parody



The copyright does not interact with the person who enjoys the work for the purpose of caricature

or parody. ".



41. In paragraph 39, the word "register" shall be replaced by "the list".



42. In paragraph 2 of section 40. 1 (b). (c)) the introductory part, the words ' the provisions of the third

the person "the words", as well as information about the facts of the relevant

for the amount of the remuneration in accordance with § 24 and 25 ".



43. In section 40 para. 1 (b). (c)), point 3, the word "or" is deleted.



44. In paragraph 2 of section 40. 1 (b). (c)) at the end of point 4 added the word "or".



45. In section 40 para. 1 (b). (c)), the following point 5 is added:



"5. the person liable pursuant to § 24 para. 6 or § 25 para. 2, ".



46. section 41 reads as follows:



"§ 41



To pursue claims under § 40 paragraph 2. 1 (b). b) to (d)), and (f)) and § 40 paragraph 2. 3

and 4 it is entitled to the author instead of the person who acquired the exclusive contract

permission to work, the exercise of rights or performance of this

permissions entrusted by law; the right to reasonable compensation to the Atonement

non-material damage, such person can claim only for the intervention of the

the economic rights of copyright. Right for the author to claim entitlement to the

adequate compensation for non-material damage caused by the intervention of the Atonement

the moral rights of copyright, as well as a claim according to § 40 paragraph 2. 3

remains intact. ".



47. In § 43 para. 1, after the word "bypassing" the words "or otherwise

undermined ".



48. In article 58, paragraph 1 reads:



"(1) unless agreed otherwise, the employer carries out on its own behalf and on

his account of the author's economic rights to a work that the author created to

the fulfilment of its obligations arising from the employment or

leaving the relationship. Such a work is a work of an employee share scheme. The employer

can the right to exercise under the first sentence refer to a third party only with the

permission of the author, unless this is done in the case of transfer of business

the race. It is understood that such consent is irrevocable and will

to all the other assignment. A third person, which was right

the performance will be transferred, then for the purposes of this Act, be deemed to

employer. ".



49. In § 58 para. 3, the word "granted" is replaced by the word "provide".



50. in § 58 paragraph 10 is added:



"(10) paragraphs 1 to 6 and 8 shall apply mutatis mutandis to works created by the

the fulfilment of the obligations arising from the relationship between a legal person and

the author, who is a member of its statutory or other elected or

appointed by the authority; This legal person in this case is considered

for the employer. The provisions of § 61 of the work thus created on the

not apply. ".



Footnote # 4e is hereby repealed.



51. In paragraph 64, the following new paragraph 1, which reads as follows:



"(1) the work of an audio device used is any work included in the works

the audiovisual. ".




Paragraphs 1 to 3 shall become paragraphs 2 to 4.



52. In § 64 para. 3 is the number "1" is replaced by "2".



53. In paragraph 65, at the end of the text of paragraph 1, the words "unless

of this act otherwise ".



54. In paragraph 72, paragraph 4 reads:



"(4) unless otherwise agreed, the user that with the collective administrator

has concluded a contract in accordance with paragraph 3, but is against him in default in

payment of the remuneration referred to in this agreement, and does not pay or reward in the additional

30-day period provided by the collective administrator is not entitled to

use referred to in paragraph 1 until such time when the remuneration payable has been paid

or liability otherwise ceases to exist. ".



55. In the heading of section 72b, the word "relations" shall be replaced by the word "commitments".



56. In paragraph 74, the words "§ 28 para. 1 "shall be replaced by" section 28 "and the words" § 64

paragraph. 1 and 3 "shall be replaced by the words" § 64 para. 2 and 4 ".



57. In paragraph 78, the words "§ 28 para. 1 "shall be replaced by" section 28 ".



58. In paragraph 82, the words "§ 28 para. 1 "shall be replaced by" section 28 ".



59. In paragraph 86, the words "§ 25.0" be deleted and the words "§ 28 para. 1 "shall be replaced by

the words "section 28".



60. section 87:



"§ 87



(1) the Publisher has the right to remuneration in connection with the making of

copies of works issued by him for the personal use and your own internal

the need for a legal person or an entrepreneurial natural persons.



(2) the right of the Publisher takes 50 years since the publication of the work. The provisions of § 27 para.

8 shall apply mutatis mutandis.



(3) the right of the Publisher is transferable. ".



61. In the first part of title II, the following new part 5 6, including

Title:



"Part 6



The right to the first zveřejnitele



§ 87a



(1) a person who for the first time will publish the as yet unpublished work, which expired

the duration of property rights, arise to this piece published

exclusive property rights to the extent in which it would have belonged to the author of the work,

If its property rights still persisted.



(2) the right referred to in paragraph 1 shall be transferable and lasts for 25 years from the publication of the

works. For calculating the duration of the rights referred to in paragraph 1 shall apply section 27

paragraph. 8. ".



62. In paragraph 94, the words "§ 28 para. 1 "shall be replaced by" section 28 ".



63. In Title IV of part one, including headings and footnotes # 16 to

27:



' TITLE IV



COLLECTIVE MANAGEMENT



Part 1



General provisions



§ 95



Collective management



(1) collective management means the full administration of the economic rights

copyright or rights related to copyright holders to

their published or offered for publication works, artistic

performance, sound or images (hereinafter referred to as "the subject of the

of protection "), which is carried out for their common benefit.

Collective management is not the conclusion of mediation or other

occasional or short-term contract or full management, other than

compulsory collectively managed rights.



(2) the purpose of the collective is a collective application and management of collective

protection of property rights and property rights related to the

Copyright and to enable disclosure of the subjects of those rights

to the public.



(3) the holder of the rights is the person that pertain



and copyright) equity or proprietary rights related to the law of the

Copyright,



(b)) under this Act, the exercise of property rights to the work, or



(c)) from the Treaty exclusive permission to exercise the rights of collectively managed

throughout the duration of the economic rights, and at least for the territory of the United

States with the right to grant a sublicense.



(4) for the purposes of collective management of rights, means a person who

uses the object of protection, or that is required to pay a reward under this

the law.



§ 95a



The collective administrator



(1) a collecting society is a legal entity formed by the rightholder that

on the basis of a granted permission to collective management exercises for these

rights holders as the sole or main purpose of its activities, collective

management, and that it is not established for the purpose of business or other gainful

activity or that is controlled by its members.



(2) collective management of permissions is not required for the provision of

licenses for the rights to the use of musical works online relating to the territory of

more than one of the Member States of the European Union or of States that make up

The European economic area, if they are supplied by a person established in the

territory of another Member State of the European Union or of one of the States

that make up the European economic area, that such a licence provides

in accordance with the law of the State on whose territory it has its registered office.



Part 2



Collective management of permissions



§ 96



Request for permission



(1) on the grant of permission to the collective management of the Ministry decides on

the basis of a written application.



(2) the request must in addition to the General requirements laid down in the code of administration

contain



and statutory authority of the applicant) designation, name, surname and place of residence

the person who is the statutory body, or persons who are its members,

and a course of action for the applicant if this information cannot be obtained from the information

systems of public administration,



(b)) the definition of rights, to be collectively managed, and



(c) the definition of the objects of rights) referred to in subparagraph (b)), and when it comes to work, i

the definition of their kind.



(3) the applicant shall attach to the request



and) sample proposal contract with the holder of the rights on the basis of which

carries out collective management of rights,



(b) the design rozúčtovacího IHR) a method of distribution and rules

for the payment of fees to eliminate selected arbitrary procedure for their

distribution and take into account the application of the principle of support for culturally relevant

works and performances



(c)) list of the names of holders of rights who have expressed interest in the collective

the management of their rights by the applicant, with an indication of their place of residence, or,

in the case of foreigners, their place of residence and nationality, and with

an indication of their subject-matter disclosed in the range corresponding to the

the purpose of the proceedings and with the signatures of these rights holders,



(d) a list of the names of the members of the applicant) who are holders of the rights which have

be collectively managed, with an indication of their place of residence, or,

in the case of foreigners, their place of residence and nationality, and with

an indication of their subject-matter disclosed in the range corresponding to the

the purpose of the proceedings and with the signatures of these rights holders,



(e) an estimate of the expected rate of return) collectively administered rights and an estimate of the

the cost of the performance of collective management,



(f) the amount of the reward for) the proposal of individual use subject-matter,



g) proof of good repute in accordance with § paragraph 96b. 2 and 3,




(h) the articles of association or similar document) (hereinafter referred to as the "Statute"),



I) a document certifying the conclusion of the contract or promise the conclusion of reciprocal

at least two foreign collective administrators



j) the conditions for membership and the conditions for their credentials to exercise

collective management if they are not contained in the statutes,



to the master license agreement),



l) General rules for determining the amount of the deduction from income from the exercise of the rights and of the

income from the investment income from the exercise of rights for purposes other than to pay

cost of management rights, including deductions to cover the costs of providing

social, cultural and educational services, and



m) complaints.



(4) if the applicant is established in the territory of another Member State

The European Union or of one of the States that make up the European economic

the space, which carries out collective management on the territory of another Member

State of the European Union or of one of the States that make up the European

economic space in accordance with the law of that State, shall be attached to the

request a document certifying that exercises the collective management

the law of that State.



section 96a



The decision to grant permission



(1) on the application for the granting of permission to collective management decides to

Ministry within 90 days from the date of submission of the application.



(2) the Ministry shall grant permission to collectively manage the applicant is

established in the territory of another Member State of the European Union or of one of the

States that make up the European economic area, which exercises collective

management on the territory of another Member State of the European Union or of one of the

States that make up the European economic area in accordance with the legislation of the

of the State if



and the request for permission) meets the requirements pursuant to § 96 para. 2 and

4,



b) asking for permission to the collective management of such rights, which are

collective power efficient, and



(c)) for the exercise of the same rights in relation to the same subject-matter, and if it is a

work, for the exercise of the same rights to the same type of work, does not have permissions to another

the collective administrator.



(3) the Ministry grants permission to the collective management of the applicant that

It is not by the applicant pursuant to § 96 para. 4 If the



and) the applicant has the legal form of Association,



(b) a request for authorisation) meets the requirements pursuant to § 96 para. 2 and

3,



c) asking for permission to the collective management of such rights, which are

collective power efficient,



(d)) for the exercise of the same rights in relation to the same subject-matter, and if it is a

work, for the exercise of the same rights to the same type of work, does not have permissions to another

the collective administrator,



e) meets the prerequisites for ensuring the proper and efficient performance of

collective management,



f) meets the prerequisites pursuant to § 96d of up to 96 h,



(g)) is an entity, the wheels will not be considered

a legal entity that has been convicted for an intentional criminal act, if

It does not look as if he has not been convicted, and



h) members of his statutory authority are upstanding,

integrity is not a person who has been convicted of an offence

crime against property or economic, if not look at her,

as if he has not been convicted.



(4) the Ministry may grant permission to the collective management of

in the collection of the remuneration under section 25 and section 37 paragraph 2. 2 for all authors or for

all right related to copyright just one

an applicant who best meets the prerequisites for ensuring the proper and

the effective exercise of collective management; in this case, the permission of another

collecting society may include only the following selected distribution

the remuneration of the authors or holders of rights related to copyright, for

which carries out collective management of their rights.



(5) the Ministry shall publish on its website the decision on

the granting of authorisations and the acquisition of his final day within 30 days from the date of

legal force of this decision.



section 96b



Demonstrating integrity



(1) in order to demonstrate the integrity of a legal person established on the territory of the

The United States, or the integrity of a statutory authority that is

a citizen of the United States, a statement from the Ministry's requests

convictions under the law on criminal records ^ 16).



(2) in order to demonstrate the integrity of a legal person located outside the

the territory of the United Kingdom, the applicant shall attach to the request



and extract from the register of criminal penalties) or equivalent document issued by a State, in the

which the legal entity is situated, or



b) affidavit of integrity made before a notary public or any other

the competent authority of the State in which the legal entity is situated,

If the State does not issue the relevant extract from the register of criminal offences or

an equivalent document.



(3) in order to demonstrate the integrity of a statutory authority that is

a stranger, the applicant shall provide the application



and extract from the register of criminal penalties) or equivalent document issued by a State, which

Member of the Board is a citizen of, or in the case of a statutory

the authority, which is a citizen of another Member State of the European Union, a statement from

Criminal record with the annex pursuant to the Act on criminal records ^ 16)

that contains the information that is registered in the register of criminal records of this

State, or



b) affidavit of integrity made before a notary public or any other

the competent authority of the State of which he is a citizen of a member of the Board,

If the State does not issue the relevant extract from the register of criminal offences or

an equivalent document.



(4) a document submitted in order to substantiate integrity must not be older

than 3 months.



§ 96 c



Withdrawal of the



(1) the Ministry permission in its entirety or in part, be withdrawn if



and the collective administrator ceases to meet) the requirements for the grant of permission

and if there is no remedy in the Ministry provided for a reasonable period or

If you cannot remedy that can be remedied,



(b)) a collective administrator repeatedly during the last two years, or

serious breach the obligation laid down by this Act, or



(c) the collective administrator) so requests.



(2) the Ministry may permission in its entirety or partly withdraw,

If the collective administrator violated the obligation imposed on him by this Act

and fails to remedy within a reasonable time limit set by the Ministry. This is not a

the provisions of paragraph 1 (b). (b)).



(3) the Permission lapses on the date laid down in the decision on the withdrawal of privileges;

the demise of the permission must be set so that the permissions were lost last


on the day of the calendar year, with the period between the date of acquisition of legal power

the decision and the date of termination of the permission shall be not less than 6 months.



(4) the provisions of section 96a paragraph. 1 and 4 shall apply mutatis mutandis.



Part 3



Membership and organizational structure of the collective administrator



§ 96d



Membership



(1) a member of a collecting society may be the only holder of rights, the person

representing rights holders, another collecting society or a legal person

bringing together the rights holders who meet the requirements for membership in the

collective administrators contained in the statutes. If the collective administrator

rejects an application for admission as a member, it shall state the reasons for this.



(2) the requirements for membership must be based on objective,

transparent and non-discriminatory criteria such as the amount of remuneration

paid or payable for a particular accounting period the rights holders, the time

after which a collecting society shall exercise his rights to a collecting society

under a contract or sign in to register for collective administrator.



(3) the statutes shall adjust the effective mechanism for the participation of the members of the collective

Administrator on the decisions of the organs of the collective administrator. Representation of members

According to the category of creative activities while participating in this

decisions must be fair and balanced.



(4) the statutes shall adjust the ability of members to communicate with the collective administrator

by electronic means, for the purposes of the exercise of membership rights.



(5) the collective administrator keeps a list of its members and regularly

updates.



§ 96 euros



Authorities of the collecting society



Authorities of the collective administrator are at least statutory authority, the highest

authority and control of the Commission.



§ 96f



The highest authority



(1) the highest authority of the collecting society is a body in which are involved in

all members of a collecting society and in which they exercise their voting

the law, if not stipulated otherwise. The meeting of the supreme body of the

must not take place in the form of its part-sessions, and the scope of the Supreme authority of the

may not fulfil the Assembly of delegates.



(2) the highest authority decides on changes to the statutes of a collecting society.



(3) the highest authority decides on the appointment or dismissal of a member or members of the

the leadership collective administrator, monitor the execution of their duties in

performance of functions and approves the remuneration and other benefits, such as

Monetary and non-monetary benefits, the right to other benefits and rights to severance pay.

The statutes may provide that the scope of decisions relating to members

the leadership collective of the administrator under section 96 g para. 1 is placed in

the scope of the Audit Commission.



(4) the highest authority decides in particular on



and distribution rules)



1. the revenue of the selected collective administrator for rights holders on the basis of

an exclusive right or a right to remuneration under this Act, including income

from the issue of compensation and of unjust enrichment (hereinafter referred to as "revenue from

the exercise of rights "), and



2. income from the investment income from the exercise of the rights,



(b) the rules for the handling of) income referred to in § 99 c para. 3,



(c)) draft investment strategy, in terms of revenue from the exercise of rights and the

any revenue from the investment income from the exercise of the rights,



d) strategy on deductions from income from the exercise of rights and of income from

investment income from the exercise of the rights,



(e)) the use of the revenue referred to in § 99 c para. 7,



f) procedures for the schedule of investment risks,



g) approval of the acquisition, each transfer or cessation of immovable

assets,



h) approval of the merger, the establishment of the person in which the collective administrator

a majority shareholding or, directly or indirectly, in its entirety

or part of the controls, the establishment of another entity and the acquisition of the shares or

rights in other bodies,



I) adoption, or approval of proposals to grant a loan or lease

or the provision of a guarantee for a loan or lease.



(5) the highest authority specifies and revokes the auditor under the Act on

Auditors ^ 17) and approve the annual report.



(6) the highest authority may, by its decision, or by changing the articles of Association to

the scope of the Audit Commission decisions pursuant to paragraph 4 (b). (f)) to

I).



(7) the articles of association may restrict the rights of members of a collecting society to participate and

exercise of voting rights at the meeting of the Supreme authority on the basis of

the duration of the membership or the volume of the remuneration of certain accounting period

Member have been paid or accounted for, provided that this

criteria shall be determined and applied in a fair and reasonable manner.



(8) the statutes may limit the number of members which may, on the basis of a mandate on the

the meeting of the Supreme authority and vote on it represent one

person. Each authorisation is valid for one session of supreme authority.



§ 96 g



The leadership collective administrator



(1) a member of the collective leadership of the administrator is a member of the statutory body or

employee collective administrator who manages or participates in the management of the

the collective administrator.



(2) a member of the collective leadership of the administrator is also a member of the Audit Committee.



(3) a member of a collecting society referred to in paragraph 1, the activities of the

collecting society with due diligence.



(4) a collecting society shall establish and apply procedures to prevent conflicts of

interest between the personal interests of the collective administrator and member of management interests

the collective administrator. If conflicts of interest cannot be avoided, it is a collective

the administrator shall be obliged to amend and identify possible conflicts of interest, address,

monitor and publish, in order to avoid that adversely affected the

the collective interests of the holders of the rights for which it exercises collective management.



(5) a member of a collecting society shall submit to the Supreme authority of the

Once a year for the previous calendar year, the Declaration of conflicts of interest,

that contains the



and) on all his interests in the context of collective administrator,



(b) the amount of all) the remuneration and any other benefits

received from the collective administrator in the previous accounting period,



(c) the amount of all) the information on the income from the exercise of the rights which it has received as a

recipient of the rights from the collective administrator in the previous accounting period,



(d) the Declaration of the year) or possible conflict between his personal interests and

the interests of the collecting society or between obligations to the collective

Administrators and obligations to any other person or entity.



§ 96 h



The Audit Commission



(1) the Audit Committee shall meet at least once each financial year,

unless the statutes specifies that to be convened more frequently.



(2) the scope of the Audit Commission include




and constantly supervise the activity) and to check the performance of the duties of the members

the leadership collective of the administrator, including the implementation of the decisions of the Supreme

in particular, the decision of the authority referred to in section paragraph 96f 4 (b). a) to (d)), and



(b)) other responsibilities conferred upon it by the statutes or by decision of the Supreme

authority.



(3) the Audit Committee serves the Supreme authority once a year for the

the previous calendar year, a report on the performance of its mission.



(4) each category of the members of a collecting society by creative

activities must be in the Control Commission represented a fair and balanced manner.



Part 4



The performance of collective management



Section 1



General provisions



§ 97



(1) a collecting society shall exercise the collective management for rightholders to

the basis of a written contract or, where provided by law, without

the conclusion of such a contract.



(2) unless otherwise provided by this Act or unless the nature or

the purpose of the collective management under this Act of something else, the performance

collective management of the Civil Code provisions on the administration of foreign

asset ^ 18).



(3) the collective administration is exercised consistently, on their own behalf and on

the collective Administrator's own responsibility and on behalf of rights holders. In

relation to third parties is not a rightholder thanks along with the collective

an administrator or separately. The collective administrator does not act as a representative of the

the holders of the rights.



(4) the performance of collective management is not a business.



(5) collecting societies can achieve greater efficiency of collective

to perform certain management tasks, such as issuing invoices or

the distribution of the amounts belonging to right holders, through the

the person, in which the dominant shareholding or directly or

indirectly, in whole or in part controlled by the collecting society itself, or

several collecting societies. This person shall apply title IV,

with the exception of parts 2 and 3, applied mutatis mutandis; the collective administrator or collective

Administrators who set up, it shall be responsible for the performance of the collective management of this

person.



section 97a



The obligations between the collective and the bearer of the rights administrator



(1) collecting societies shall be required to the extent granted permissions



and to each winner) exercise the rights of the collective management of its

property rights which under this act collectively manages,



(b)) to take under normal conditions and to the extent agreed with it performance

collective management of the rights of each of the rights holders, if the latter so requests and

It proves that there was an appropriate use of the subject matter, and if he does not pursue

for him the same collective management of rights in relation to the same subject-matter

protection, and when it comes to work, the same rights to the same type of work, foreign

person pursuant to § 97g para. 1 (b). a), and



(c)) to carry out collective management for rightholders under equal conditions.



(2) a collecting society shall be obliged to act in the best interest of the common

rights holders whose rights it administers and do not save them any

obligations which are not necessary for the protection of their rights and interests, or

for the effective administration of their rights.



(3) a rightholder may entrust the collecting performance collective

the management of their rights, the categories of rights or types of works and other subject

protection for the territory of its choice, regardless of where the

collecting society headquarters, and as regards the rightholder, regardless of

his nationality, domicile or registered office.



(4) the holder of the rights in the Treaty shall determine the category of each right or rights or

the kind of works and other subject-matter whose performance and collective management

This contract confers on the Manager. Commit each managed rights or

category of rights, or the type of works and other subject-matter to the performance

collective administration shall be for the duration of this contract, evidenced by the

collecting society in documentary form.



(5) the holder of the rights may give permission to the exercise of rights, categories

rights or types of works and other subject-matter in the case of use rather than

the purpose of direct or indirect economic or commercial advantage,

even if the full management of the applicable law, the category of rights,

types of works or other subject-matter entrusted to collecting. About

the granting of such permission is required to the relevant collective

Administrator in advance. This is without prejudice to § 97 d and 97e.



(6) a rightholder may appeal all or part of the performance credentials

collective management of all or some of it or this Act

granting the rights conferred on the categories or types of works and rights

other subject-matter for the territory according to his choice, and that a written

giving notice of not more than 6 months. The statutes may

Edit, that this appeal becomes effective until the end of the accounting period, in

which the notice of termination is made. Revokes a credential holder to exercise

compulsory collective management of rights-managed collectively according to § 97 d,

not be able to carry out their administration alone, and it can only be entrusted to

collective administrators.



(7) until the settlement of all the claims of the rightholder of the performance

collective management after their mandate under paragraph 6 shall remain the

rights under section 97b 99a-99e, .99j, 100b and 101h intact.



(8) a collecting society shall not restrict the exercise of the rights referred to in paragraphs

6 and 7 that will require the exercise of collective rights management or

categories of rights or types of works and other subject-matter to the extent

their mandate in accordance with paragraph 6, entrusted another collective administrators.

The third sentence of paragraph 6 is not affected.



(9) a collecting society shall allow to interact with it

by electronic means and the right holders who are not its members.



(10) the rules laid down in paragraphs 3 to 9 shall be given in the

the articles of Association. The statutes also shall define the rights, categories or types of works and rights

other subject-matter referred to in paragraph 3, the conditions for application of the law

pursuant to paragraph 5, and the conditions for exercising the rights referred to in paragraph 6. Collective

the administrator is obliged to, before the conclusion of the contract referred to in paragraph 4 of the wearer

the rights of these rules.



section 97b



Information provided by right holders



(1) a collecting society shall be obliged to provide everyone the rights holders

at least once a year for the previous calendar year, information about the



and all the contact information) that a rightholder said

collective administrators in order to identify and locate,



(b) the total amount of income) from exercising the rights pertaining to rights holders,



c) precipitation to cover the costs of the management of rights,




d) deductions made for purposes other than to pay the cost of management

rights, including reductions to providing social, cultural or

educational services,



(e) revenue from the exercise of rights), that had been paid off, according to the resolution

category managed rights and according to the method of use,



f) the period during which the use has occurred, for which he provided the revenues were

accounted for and paid, unless the collective administrator is preventing the provision of

These objective reasons relating to information feed reports

by the user, and



(g)) of all the income from the exercise of the rights of specific rights holders that he

have not yet been paid.



(2) If a member of a collecting society is the person responsible for the distribution of

and payment of the revenue from the exercise of the rights of the right holders, provide it with a collective

the administrator of the information referred to in paragraph 1. For this person applies in relation

to right holders, which divides and pay the income from the exercise of rights,

obligations under paragraph 1, by analogy.



§ 97c



Lists of collective administrator



(1) collecting society keeps a list of holders of rights



and for which it exercises) collective management on the basis of the Treaty,



(b)) entered for the recording and



(c)) to the orphaned objects protection, if these bearers of the known.



(2) a collective Manager maintains a list of



and) subject-matter to which collectively manages rights, unless they are

These items are known, and



b) orphaned subject-matter to which manages rights, if they are

These objects are known.



(3) the lists referred to in paragraphs 1 and 2 may only contain data which are

necessary for the performance of collective management.



(4) records of the collective rights Manager Sousa regularly

updates and maintains for the duration of a permission to the collective

Administration.



Section 2



Rights collectively managed



§ 97 d



Mandatory collective management



(1) Compulsory collectively are rights-managed



and the) right to remuneration for



1. the use of an artistic performance, recorded on an audio recording released to the

commercial purposes, broadcast on radio or television or by transfer

radio or television reception,



2. use of a phonogram, issued for commercial purposes, sending

radio or television or radio or television transmission

the broadcast,



3. making copies for personal use on the basis of a sound or

sound-image or other record of its content migration

using a carrier of such record, including unreleased track



4. the making of a copy of a work for personal use by natural persons, for

own internal use of the legal person or the entrepreneurial natural persons

using the appliance for making print copies on paper or

similar to surface, even through a third party,



5. resale of the original work of art,



6. the original or a copy issued by lending works in accordance with § 37 para.

2,



(b)) the right to equitable remuneration for the rental of the original or a copy

the performance of the performer works or recorded to an audio or sound

video recording,



(c) the right to use, transfer) radio or television broadcasting of works

Live art performances and artistic performances fixed on

an audio or audio-visual recording, with the exception of such performances,

the audio recording was released for commercial purposes, and the right to

the use of the transmission of the broadcast visual recordings, and audio recordings

other than published for commercial purposes; and with the exception of cases, when

the right to the transfer shall be exercised by the broadcaster's own broadcasts, without

regardless of whether it is about his own rights or the rights which it exercises

on the basis of a license contract with the holder of the rights,



(d)) the right to an annual supplementary remuneration referred to in § 71 para. 4.



(2) the competent collecting society exercises for rights holders to the collective

administration of his rights under paragraph 1 and is seeking a compensation

the damage and the release of unjust enrichment from the unauthorized performance as follows

collectively managed rights.



paragraph 97e



Extended collective management



(1) where a collecting society mail contract under section 98a of paragraph 1.

2 permission to exercise of the rights to the use of subject-matter in the manner specified in the

paragraph 4, this permission is granted in relation to the

the relevant subject-matter not only to rights holders, for which it exercises

collective management on the basis of the Treaty, but also to all others who

then consider the rightholder, for which it carries out collective management of

under this Act.



(2) paragraph 1 shall not apply to audiovisual works or works

as audio-visual material used, with the exception of musical works used as audio-visual material, the

as regards the use referred to in paragraph 4 (b). (c)), and (e)), or to such

the rightholder, for whom it is exercised by the collective management

paragraph 1 and that the collective effects Manager

the bulk of the contract for a specific case or in all cases excluded;

However, it cannot eliminate the effects of bulk contract in case of use referred to in

paragraph 4 (b). (d)).



(3) if the holder of the rights for which the collective management

carried out pursuant to paragraph 1, the will to exclude the effects of collective agreements when

the provision of not exercising the rights, permissions are the effects of bulk

the contract to the extent provided in this way against the excluded permissions

collecting in the moment when the collective administrator to grant

such a permission.



(4) paragraphs 1 to 3 shall apply for permission to exercise of the right to



and the art of performance) the operation of an audio recording issued by the

commercial purposes, or for the operation of such a record,



(b) the operation of a non-theatrical musical works) with text or no text from the

an audio recording issued for commercial purposes,



(c)), or the tv broadcast of the work,



d) operate a radio or television broadcast of the work of art

performance, sound recording or sound-image,



(e)) the original or copies of a work borrowing or lending of works or

the performance of the performer recorded to an audio or audio-visual

record and to lending such records; This provision shall not apply to

computer programs,



f) making a work in intangible form, including the making of his

copies necessary for such disclosure, according to library

Library Law ^ 19) individuals from the public through the

designated technical devices located in the object under section


37 para. 1 (b). (c)), in the case of a work which is not part of its collections;

This provision shall not apply to computer programs,



g) live non-theatrical operation of works, if such operation

does not point to achieve a direct or indirect financial or

the business benefit,



(h)), on-demand making available of published works according to § 18 para. 2,

including the making of copies necessary for such disclosure,

According to the library of the library of the Law ^ 19) individuals from the

the public, exclusively for the purposes of research or private study;

This provision shall not apply to computer programs, work or

artistic performances recorded to an audio or audio-visual recording, the

issued by the music the music or musical works and the

the work, whose disclosure of this library is subject to other

license agreements,



I) making a copy of the work included in the list of works on the market

inaccessible and making such copy of a work under section 18 para.

2 according to the library of the library of the Law ^ 19) individuals from the

to the public for a period of not exceeding 5 calendar years, even repeatedly,



(j) a copy of a print issued by the construction) of sheet music works

music or musical person specified in § 37 para. 1 for

its own internal use, or to place an order for personal use

the physical person or for use in teaching or scientific research,

If the making of such copies is not directed to the achievement of the direct or

indirect economic or commercial advantage,



the making of a print copy of the work) beyond the scope of section 29 and 30 paragraph 1. 1 and

the expansion of such copies of the school, educational facility or high

school, solely for the purposes of education and not to achieve direct

or indirect economic or commercial advantage.



(5) paragraphs 1 to 4 shall also apply to collective redress claims to

compensation and the issue of unjust enrichment.



§ 97f



List of works on the market of inaccessible



(1) the National Library maintains a list of works on the market available, which

publishes on its website. To the list are classified

exclusively the works of verb, including works in them inserted or incorporated

or forming an integral part thereof.



(2) a proposal for the classification of works to the list may submit a rightholder, library

According to the library of the law) or the 19 ^ collective administrator. The proposal for the

the inclusion of the work in the National Library publishes list without undue

the postponement on their website.



(3) the national library shall be included in the list of work if



and work in the same species) or a similar expression was not possible in the time limit

6 months from the delivery of the proposal referred to in paragraph 2 with a reasonable

effort and under normal conditions of supply for consideration in the normal course of the network and



(b)) its use is not clearly subject to the sales or licensing

conditions that preclude the inclusion in the list.



(4) the national library can include in the list of periodicals issued by the

the territory of the Czech Republic before 10 and more years ago unless its use is clearly

subject to the license terms, that inclusion in the list. The work of

contained in each issue of the periodical press in this case

considered to be included in the list only as part of such issue.



(5) the holder is entitled to the national library in writing prompt for the decommissioning of

his works from the list. National Library of work from the list excludes

no later than the last day of the next calendar month, in which it

was a challenge. Disposal of works from the list does not prejudice the validity of the

permission to exercise of rights on the use referred to in section paragraph 97e. 4 (b). (I)), which

It was granted before the date of disposal.



Section 3



Commitments between collective administrators



§ 97g



The reciprocal credentials of collecting societies in the exercise of collective management



(1) a collective agreement administrator can delegate the exercise of collective management

it collectively managed only another collective rights Manager

When it comes to



and foreign, that person) under the law of another State justified exercises

on the territory of that State for the same rights collecting societies, and as regards the

the work, even for the same kind of, in the case of the performance of collective management in this State,

or



(b)) of the domestic collecting society that is authorized to exercise

collective management for the same rights, monitors the more efficient performance

collective management.



(2) the contract referred to in paragraph 1 shall be made in writing.



(3) the collective administrator designated pursuant to paragraph 1 shall act in the performance of

collective management in its own name and on behalf of the collective administrator, who

commissioned; This does not affect the obligation of that collecting society

transferring the gained income from the exercise of the rights of the right holders, for which it exercises

collective management.



§ 97 h



Common representative of collecting societies



(1) in the case of the conclusion of contracts, the purpose of which is to provide

permission to exercise of the right to enjoy the subject matter to which such a right

collectively they manage at least 2 collecting societies, the user is entitled to

any of them a written request that the relevant collecting societies

commissioned by the conclusion of a single contract of the common representative; collective

Administrator, to whom the application for the credentials of a common representative arrives, about

This request shall immediately inform the other competent collecting society.

For the credentials of a common representative of collecting societies under this

the provisions apply that tracks the performance of more effective collective management.



(2) the relevant collecting societies are obliged to entrust the joint

the representative referred to in paragraph 1 within two months from the receipt of the request

the competent collective administrators. This obligation applies to the performance of the

collective management of rights on the use of the provision of works and artistic performance

from an audio or video recording, the operation of such

record and to transfer such rights,

radio or television broadcasts, and the right to remuneration in respect of

with the reproduction of a work for personal use and for your own internal use.



(3) information about the credentials of a common representative concerned collective

the administrator shall communicate, without undue delay to the Ministry and shall publish it on the

its website.



(4) paragraphs 1 and 2 shall apply mutatis mutandis to the conclusion of collective agreements

under section 98a of paragraph 1. 3 in the case, if the parties agree on how the participants


collecting societies, also for the recovery of a claim for damages or

the issue of unjust enrichment, if it is not already such a claim by legal action

filed in court.



Section 4



The conclusion of contracts with users



§ 98



(1) a collecting society shall be obliged to enter into agreements with users, with people

authorized to protect the interests of users or hunt them with persons

representing the user according to the library of the Law ^ 19) who are taking

subject matter in the same or in a similar way, on equal terms and on

the basis of objective facts, the contract, which is for users



and) provides permission to exercise of the right to enjoy the subject matter for which

such right to collectively manages,



b) arranged above and the method of payment of the remuneration referred to in § 97 d of paragraph 1. 1 (b). and)

points 1 and 2 (a). (b)) and monitors their implementation, or



c) negotiates payment method fees set by this law.



(2) collecting societies and the persons referred to in paragraph 1 shall be required to

the negotiations leading to the conclusion of contracts referred to in paragraph 1 to each other without

undue delay, provide all necessary information, including the

the criteria for determining the rates pursuant to § 98e and the necessary cooperation.

The collective administrator shall provide, without undue delay after receipt of the

the necessary information to the person referred to in paragraph 1 of the draft agreement or this

the person of the reasons for its failure.



(3) all contracts between the collective administrator and the user must be

agreed upon in writing.



(4) the obligation referred to in paragraph 1 of the collective administrator does not have,



and should) if the contract is in conflict with the legitimate common interests

rightholders,



(b)) if the contract is in conflict with the legitimate interests of the wearer

rights to the subject of protection, in the case of the proposal on the conclusion of the contract, which has

be granted permissions that are applied to the subject of the protection of individually

specified, or



(c)) If you cannot reasonably be required the conclusion of a collective agreement with the

legal person uniting for a negligible number of users

users that brings together such a person.



(5) a collecting society is entitled to in the conclusion of the license agreement for the

a new type of online services, which is in the European Union or in the European

economic area, offered to the public for a period of less than 3 years,

apply a different license terms and conditions than those applied to other service

Online.



(6) collecting society will allow the persons referred to in paragraph 1 shall communicate

with it by electronic means.



(7) the user is entitled to choose for dealing with collective administrator

representative. A collecting society shall be obliged to make all of

the user, through its representative, if a user to a collective

administrators in advance in writing that is for all meetings with him

represented by. The collective administrator does not have this obligation, if representatives cannot be

serve documents in the Czech Republic, or if a representative acts

avoids or otherwise prevents or makes it difficult to exercise the rights

the collective administrator against a user.



section 98a



(1) collecting society grants to the user a non-exclusive license agreement

permission to exercise of the right to take items the specified protection, either individually

or in bulk.



(2) a Public contract for the purposes of this Act, a license

the contract between the collective administrator and the user, which

the collective administrator gives permission to the exercise of rights in the scope of all

subject-matter, which manages rights (hereinafter referred to as "repertoire"), or to

part of their repertoire. Is true that this agreement is definitely enough

defining the subject of granted permission in relation to each subject

the protection to which the collective rights Manager manages without

individually specify protection items.



(3) a collective agreement for the purposes of this Act, the contract referred to in

§ 98 para. 1 collective agreement between the Manager and the legal person

associating the user or with a person representing the user in accordance with

Library Law ^ 19). From the collective agreement arise from individual

rights and obligations of users against the collective administrators; This is not a

without prejudice to the collective administrator acting on behalf of rights holders.



section 98b



User with the collective administrator has entered into a license agreement, but it is

against him in default in the payment of remuneration and reward fails to pay, even in the

additional 30-day period provided by the collective administrator does not

entitled to the use of objects of protection under this Treaty until the time when

remuneration paid or payable will be the commitment otherwise ceases to exist.



§ 98c



Obligations of users and other persons in connection with the conclusion of contracts



(1) users are required to allow the proper exercise of collecting

collective management and to provide information about the use of its repertoire

necessary for the performance of collective management, in particular to the revenue collection from the exercise of

rights and to their distribution and payment of the relevant rightholders.

Users may not, without serious reasons, the provision of such information

refuse.



(2) unless otherwise agreed, the scope and the technical format of information and

the time period for which the user must such information collective

provide administrators, provides collective administrator. When deciding on the

the technical format for the provision of such information shall take into account the collective

the administrator and the user as far as possible, voluntary industry rules,

that have been developed at the international level or at the level of the European

Union or the European economic area (hereinafter referred to as "an industry

rules ").



(3) the user or another participant in the performance of collective contracts

the Administration is obliged to collecting, at his request to demonstrate the proper and

timely performance of such contracts with the collective administrator.

Collecting society may not use the information found in this way for any other purpose

than to the performance of collective management.



(4) the operator of a public live music production is required to notify its

the venue to the competent collecting 15 days in advance. Supplier of live

public music production is required to submit a live operator

public production program production with an indication of the authors ' names and names of works,

that was operated without undue delay after the production.

The operator is obliged to inform the competent collective this program

the administrator not later than 15 days after the production, if it is not in the contract

between the operator and the collective administrator, unless otherwise agreed. The provisions of the

the first sentence, second and third does not apply to the operator of live public

production and supplier of live public production, if they are or have been


operated only the creations of traditional folk culture nature music in

the meaning of section 3 (b). (b)), where the author's name is not the right generally known.



(5) the user to whom a permission to broadcast the registrations

under the law governing the operation of radio and television

broadcast ^ 20) is required to inform the competent collecting society within the

the period of 15 days from the date of such permission.



§ 98d



Limitation of liability of the user



(1) collecting society, or the holder of the rights for which it exercises

collective management, cannot assert a claim or title in delaying

compensation for damages or to unjust enrichment under this Act

or any other contractual or statutory penalties because of anticipated

unauthorized interference with the rights or risk managed collectively

such right, if the user or a person authorized to defend the interests of her

associated users properly and without undue delay with the appropriate leads

the collective administrator in connection with such interference or threats

rights negotiations seeking to conclude a contract required by this Act

or the negotiation of tariff under this Act, or if they agree on this

connection with the use of a mediator under section 101 or of a mediator in accordance with

law on mediation ^ 21) or if at least one of the relevant

collecting societies delivered a written request for the credentials of the common

Representative pursuant to § 97 h, for this shortcut.

If they insist, the circumstances in the first sentence, there is no interference with the collective

managed rights or danger of such offence or administrative law

a crime under this or another Act.



(2) Paragraph 1 does not affect the entitlement to issue unjust enrichment in

the amount of the usual rewards.



(3) the application of the zdržovacího claim Obstacle referred to in paragraph 1 does not

or would apply where the non-application of zdržovacího claim was inconsistent with

the legitimate common interests of rightholders, in particular because of the

the negotiations of the user or a person authorized to defend the interests of associated in it

the user was clearly the intention of the contract referred to in paragraph 1 or not

compromising the fulfilment of a claim for unjust enrichment.



Section 5



Rates of remuneration



§ 98e



General provisions



(1) unless otherwise specified in the rates of remuneration collected by collective administrators of this

law is the schedule of the collecting society (hereinafter referred to as the "tariff") and

are always listed without value added tax.



(2) the rates of remuneration set by the tariff must be based on objective and

non-discriminatory criteria and in relation to these criteria.



(3) in the determination of rates of remuneration tariffs shall take account of the purpose, method,

the scope and circumstances of the use of the subject matter of protection, in particular



and as to whether) to the use of an object occurs when business performance

or other gainful activities,



(b)) for direct or indirect economic or commercial advantage,

that the user gets from the use or in connection with the use of the subject

protection,



(c)) to the character and the specificities of the place or area, in which experiencing

use of subject-matter,



(d)) to the frequency of use of the accommodation space in which to use

subject-matter,



(e)) to the number of holders of rights, for which a collecting society exercises

collective management, including the number of holders of rights, for which it shall do so on the

the basis of the contracts referred to in paragraph 97g paragraph. 1 (b). and)



(f)) to the number of persons to whom the work was communicated to the manner under section 19, and



g) to the economic value of services provided by the collective administrator.



(4) unless it is a making a work to patients pursuant to § 23 of the second sentence,

is the rate of remuneration for the operation of a radio or television broadcast

provider of health services to a maximum of 25% of the lowest rate of pay

set the tariff rates for the operation of radio or television

the broadcast, unless agreed otherwise.



(5) the Ministry will publish the valid tariffs on its Internet

pages.



§ 98f



How to negotiate some of the tariffs



(1) a collecting society shall be obliged to to 31. August calendar year of the draft

tariff, together with a justification to publish on its website

pages. Within this period, the administrator shall submit the draft collective tariff

legal persons in the organisation of the appropriate user, subject-matter,

If such person at the collective administrator for this purpose come forward

and have shown that they have more than a negligible number of users, and

persons representing the user according to the library of the Law ^ 19) and users

under special legislation ^ 19b) or persons representing them, and

invite them to submit their observations on the draft within a time limit to the end of the month

following the month in which the proposal was submitted to the tariff. In

the same time limit is a collecting society shall send, by electronic

means tariff proposal, together with the rationale of the Ministry. If

any of the persons called upon to hold, or a user who has a

the relevant collective agreement by the administrator under section 98 para. 1

(a). and) or (b)) for the use of the subject of protection or that

such a contract is to close, in writing, within that period shall be applied against the

the opposition to this proposal, it is the collective administrator must within 2 months with it

the reasons for such objections. This does not affect the ability to use to

tariff negotiation mediator pursuant to § 101 et seq. If this person

within 1 month after discussion comments have not made a request for mediation

under section 101f para. 1, not the person or people Association

rely on the legal effects of the limitation of liability pursuant to § 98d para. 1.



(2) if the collective Administrator intends to increase the rate of earnings compared with its

previous amount by more than the rate of inflation in the year preceding the year, to

which has to pay the new amount of the rate of pay, which is the collective administrator shall be obliged to

the procedure referred to in paragraph 1 must have the prior approval of the Ministry of culture

(hereinafter referred to as "the Ministry"). The parties on the issue of consent are

the collective administrator and the person referred to in paragraph 1, which increase the rate of

Rewards apply timely objections. The Ministry issued the approval, if

increase in the rate of pay is not based on objective and non-discriminatory

the criteria, or if it is not in relation to these criteria. When

the assessment of compliance with the criteria referred to in the previous sentence, the Ministry will take into account

in particular, the criteria set out in section paragraph 98e. 3. If a collective

the consent of the Manager of the Ministry, may increase the rate of pay in the


compliance with the conditions laid down in § 98e para. 3 only in the limit

provided for in the first sentence. The inflation rate in the year according to the first sentence is then

the increment of the average annual consumer price index of goods and services

the percentage of households in total, expressed by a change in average price levels

during the 12 last months against the average of 12 předchozíchměsíců, expressed in

percentage, published each calendar year the CSO per year

previous ^ 19a).



(3) If any of the persons referred to in paragraph 1 is exercised against the proposal

tariff written objections in a timely manner (hereinafter referred to as "mismatched person"),

the proposal shall be considered as tariff for neodsouhlasený against it; This applies

against users in this mismatched party associated or

being represented. Against other users on the tariff proposal deemed

agreed subject to conditions referred to in paragraph 2. If there is no

for the negotiation of tariff, in accordance with paragraph 1, a person is disagreeing

or a collecting society is entitled to submit an application to the Court for resolution of the dispute

on the determination of rates of remuneration specified in the tariff proposal.



(4) If any of the persons referred to in paragraph 3 shall be expressed with the proposed tariff

opposition (hereinafter referred to as "mismatched person"), the tariff proposal

for neodsouhlasený against it; This applies to users in this

the person disagreeing is a joint or against users of this person

represented. Against other users on the tariff proposal deemed

the agreed. A collecting society shall be obliged with the mismatched person in

the time limit of 2 months to discuss the reasons for its disagreement. If, after the expiry of the

This period does not reach agreement on the tariff, are disagreeing

person and the collecting society shall without undue delay

submit a request for mediation negotiation of tariff under section 101.

If there is no negotiation of tariff according to § 101 is

the person disagreeing or collecting society is entitled to submit a proposal by the Court

the resolution of the dispute by determining the rate of pay referred to in the proposed tariff.



Section 6



Management of the income from the exercise of rights and income from the investment income from the exercise of the rights



§ 99



General provisions



(1) a collecting society shall be obliged to



and for rightholders) choose a revenue from the exercise of rights,



(b)) on its own behalf to the claim on behalf of holders of rights to compensation

damages, a claim for unjust enrichment from the unauthorized performance

collectively managed rights and the right to refrain from unauthorized

performance rights managed collectively unless the holder of rights, if

authorized, such claim seeks itself or is it wasteful,



(c) distribute and disburse the relevant) right-holders in accordance with the

rozúčtovacím order of the income from the exercise of rights and income from the investment income from

the exercise of rights,



(d)) provides a social, cultural or educational services financed from the

the income from the exercise of the rights or of the income from the investment income from the exercise of the rights,

provide is based on fair and transparent criteria,

guaranteeing equal access to such services and to the extent provided

of such services, and



(e)) create order and billing in accordance with it out of revenue from the

exercise of the rights to create a reserve fund.



(2) a collecting leads in their accounting separately



and) income from the exercise of rights and income from the investment income from the exercise of the rights and



(b)) own the property and the income derived from those assets, payments

cost of management rights or from other activities.



(3) a collecting society shall not use the revenue from the exercise of rights or revenue

from the investment income from the exercise of rights for purposes other than their

the allocation and payment of the right-holders, with the exception of their use on the

reimbursement of the costs of managing the rights in accordance with the decisions made

the highest authority under § 96f para. 4.



section 99a



Rules for investment income



If the collecting society invests income from the exercise of rights or the income from

investment income from the exercise of the rights, it does so in the best interests of the holders of

the rights for which it exercises collective management, in accordance with the investment

strategies and procedures for the schedule of investment risks and with regard to this

the rules and



and) in case of potential conflict of interest the collective administrator shall ensure that the

investments are carried out solely in the interests of holders of rights, for which it exercises

collective management,



b) assets invested so as to ensure the security, quality, liquidity and

profitability of the portfolio, and



(c) investment of assets) will spread the risk so as to avoid excessive

reliance on any particular asset, and the accumulation of risks throughout the

portfolio.



section 99b



Deductions from income



(1) a collecting society is entitled to the income from the exercise of the rights or of the

income from the investment of such income to deduct or set off payment effectively

incurred and documented costs on the performance of collective management. The amount of the

the payment shall be proportionate, established on the basis of objective criteria and

must match the services that the collective administrator provides holders

rights. The first and second sentence shall apply mutatis mutandis to payment of the costs of

the social, cultural and educational services provided by the collective administrator

in accordance with § 99 paragraph 2. 1 (b). (d)).



(2) a collecting society shall not income from the exercise of rights or of the income of the

investment income from the exercise of rights, managed on the basis of the Treaty according to the

§ 97g, to perform other deductions than to cover the costs of the performance collective

the Administration, unless the collective administrator who is a party to such a treaty, with the

other rainfall expressly agrees.



The distribution and payment of the revenue



§ 99 c



(1) a collecting society shall take into account in the allocation and payment of the income from the

the exercise of rights and income from the investment income from the exercise of the rights of the chosen

in the exercise of compulsory collective management or extended collective management,

only to such right holders whose rights to the same subject-matter,

where appropriate, to the same kinds of works collectively manages on the basis of the Treaty,

or who are in it for this purpose, signed up to the register; not take into consideration

subject matter still unpublished. In the allocation and payment of

Rewards selected pursuant to § 25 para. 3 (b). and) and c) takes the collective

the administrator account of the use and effectiveness of technical means of protection in accordance with

section 43. The bearer of the rights for which it exercises collective management under this

law, picked for them, he is known to the rewards, but they are not in the list

of rightholders enrolled to register, invite to register

signed up.




(2) a collecting society shall distribute the revenue from pay and performance

rights and income from investment income from the exercise of the rights of rightholders in

accordance with the rozúčtovacím of procedure, without undue delay, no later than 9

months from the end of the financial period in which such income, unless the

objective reasons, in particular related to the administration of the reporting user,

by specifying the rights, specifying the rightholder or with the assignment of information about

works and other objects of protection for right-holders, it prevents the collective

administrators in compliance with this deadline. This obligation shall apply mutatis mutandis to the

a person who is a member of a collecting society and is responsible for

the distribution and payment of the revenue from the exercise of the rights of the right holders.



(3) a collecting society shall be obliged to create rules for the use of income

from the exercise of rights and income from the investment income from the exercise of the rights that

they cannot be distributed or paid within the time limit referred to in paragraph 2 of

the reason that the right-holders could not be determined or found; This revenue

collecting leads in their accounts separately.



(4) a collecting society shall take all the measures necessary to identify or

find the holders of the rights referred to in paragraph 3, shall verify in particular the preserved

records of its members and other reach records. The collective administrator

within 3 months after the expiry of the period referred to in paragraph 2 shall make appropriate

the way information about the works and other objects of protection, which was not

designed or found one or more holders of rights, right-holders for the

which carries out collective management and collective administrators, for whom

manages the rights under the contract pursuant to § 97g.



(5) the information referred to in paragraph 4 shall include, where available, these

details



and) name of the work or other subject-matter,



(b)) the name of the rightholder,



c) information about the person, that the work or other subject-matter

referred to in paragraph 3, and



d) any additional information that might help determine or find

the rightholder.



(6) if the holder of the rights specified or found, even after implementation of the measures

in accordance with paragraphs 4 and 5, a collecting society shall publish available information about the

such right holders in an appropriate manner within 1 year after the expiry of the

the time limit referred to in paragraph 4.



(7) the possible income from the exercise of the rights referred to in paragraph 3 divided

or to pay within 3 years from the end of the accounting period in which to select an

such income or in which the collective Administrator this revenue received on the

under the contract pursuant to § 97g, and provided that he has taken all the

the necessary measures in accordance with paragraphs 4 and 5, shall decide on the use of these

income of the highest authority.



§ 99d



(1) for the allocation and payment of the income from the exercise of the rights and revenues from

investment income from the exercise of rights, which chose the collective administrator for

another collective Administrator pursuant to the authority granted under section 96a

or the contract pursuant to § 97g, § 99 c para. 2 the first sentence accordingly.



(2) a collecting society shall be obliged to pay the appropriate split

rightholders to income from the exercise of rights and income from the investment income from

exercise of the rights received from another collecting society according to the

paragraph 1 shall, without undue delay, no later than 6 months from the receipt of the

of this income, unless objective reasons related mainly with administration

reports by user, by specifying the rights, specifying rights holders or by assigning

information about the works and other objects of protection to rightholders to prevent

collective administrators in compliance with this deadline.



§ 99e



(1) from the remuneration of selected pursuant to § 25 para. 3 (b). and) and c),



a) in the case of apparatus for the manufacture of Phonograms and from unrecorded

carriers of phonograms, 50% of authors and performers and producers of

phonograms, 50% of which is divided in equal parts, and



(b)) in the case of apparatus for making visual recordings and of the

blank media of such records, 60% of the authors, in particular the directors

audiovisual works, authors of works of literary, dramatic and music

dramatic, authors of works of music with text or no text

the Cinematographers, architects, artists, scénografům, kostýmním

artists and authors of the works of choreographic and pantomime, 25%

producers of sound recordings and 15% to the performers.



(2) the remuneration of the selected pursuant to § 25 para. 3 (b). a) and (c)), unless the

the remuneration referred to in paragraph 1, and of rewards selected pursuant to § 25 para. 3 (b).

(b)) (a). 4 it is for 45% of the authors of literary works, including works of scientific

and cartographic works, 15% to the authors of works of fine art and 40%

publishers released works.



(3) the remuneration of the selected pursuant to § 37 para. 2 it is for 75% of the authors of the works

literary works, including the scientific and cartographic works, and 25% to the authors

works fine.



Section 7



Transparency of collective management



§ 99f



The information provided to the public



(1) a collecting society shall be obliged to publish, in particular,



and) the statutes,



(b) the conditions for membership and the terms of) their credentials for the performance collective

Administration,



c) master license agreement,



d) tariffs,



(e) a list of the members of the collective leadership), the administrator, indicating their names and

functions,



(f) the billing order)



g) rules to determine the average amount of rainfall on the reimbursement of the costs of administrative

rights, if these rules are not regulated in the order rozúčtovacím,



h) rules for determining the above deductions from income from the exercise of rights and of income from

investment income from the exercise of rights for purposes other than to cover the costs

on administrative rights,



and a list of the contracts referred to in §) 97g, which has entered into with other collective

Administrators, and contracts for the performance of collective management, in which the person has

the collective administrator shareholding or which, directly or indirectly,

whole or in part,



j) rules for the use of income from the exercise of rights under § 99 c para. 3,



k) procedures for dispute resolution and complaint handling procedures under § 101 and 101h,



l) list of orphaned objects of protection under section 97c paragraph. 2 (a). (b)),



m) a list of valid collective agreements under section 98a of paragraph 1. 3,



n) information about the credentials of the common representative pursuant to § 97 h.



(2) the information referred to in paragraph 1 of the collective administrator publishes the

their website and keep them without undue delay

updates.



§ 99 g



Annual report



(1) a collecting society shall be obliged to draw up to 30. June each year

for the previous calendar year according to the annual report

accounting ^ 22).



(2) the annual report must also include the information specified in annex No. 3


to this Act.



(3) a collecting society shall be obliged to have their financial statements and the annual report

been validated by the Auditor in accordance with the Act on Auditors ^ 17).



(4) a collecting society shall be obliged to annual report without undue delay

After its verification and approval of the highest authority, not later than 31 December 2006. August

that year, publish on its website and have it

there for 5 years.



§ 99 h



Information provided by other collecting



A collecting society shall be obliged to once a year for the previous calendar

provide electronic means another year of collecting,

for which manages rights, information about the



and the total amount of income) from exercising the rights of selected on the basis of the Treaty according to the

§ 97g and the amounts paid to the competent collective administrators

under this agreement, in resolution by category of rights and how to use



(b) the total amount of income) according to point (a)) that the competent collective

Administrators have not yet been paid,



c) precipitation to cover the costs of the management of rights,



(d)) of all other deductions made with the indication of their intended purpose,



(e)) the number of all permissions to the exercise of the rights to the breakdown by category

managed rights, provided by, or has refused to provide with regard to the

repertoire, to which the Treaty applies under section 97g,



(f)), the decisions of the highest authority, in relation to the

rights management on the basis of the contract pursuant to § 97g.



§ 99i



The information provided by the Ministry of



A collecting society shall be obliged to



and Ministry) to inform without delay of any changes in the data

According to § 96 para. 2 (a). and)



(b) provide a copy of the Ministry)



1. the collective agreements concluded the collective administrator within 15 days from the date of

its conclusion,



2. collective contract administrator under section 97g paragraph. 1 to 15 days

from the date of its conclusion,



3. a contract concluded between collective administrators pursuant to § 103 para. 2 to 15

days from the date of its conclusion,



(c) Ministry of) inform without delay the submission of the application

the mediation under section 101,



(d) to inform the Ministry about the decisions) of the courts or the administrative authorities in the

proceedings to which it is a party and which collecting society has a major

the importance for its activities, and on request provide a copy of the Ministry

such a decision,



(e) submit by electronic means to the Ministry) tariff within 15 days from the

the acquisition of its validity,



f) on request send by electronic means to the Department of



1. the list of its members,



2. the lists led by pursuant to § 97c.



§ .99j



The information provided on request



(1) a collecting society shall be obliged to provide, on the basis of the request reasonable

by electronic means collecting, for which it manages

the rights under the contract pursuant to § 97g, rights holders or users without

undue delay information



and the repertoire) manages and subjects of protection cannot be given

their number to identify individually, specify these objects generically,



(b)) about the rights that manages, directly or under contracts, pursuant to section 97g,

and on the territory of which this management is concerned, and



(c)) whether and to what extent it shall exercise collective management for a specific

the rightholder.



(2) a collecting society has in connection with the provision of information claim

on payment of an amount which shall not exceed the costs associated with the acquisition

copies of the technical measures of data media and sending information

to the applicant. The collective administrator also has the right to reimbursement of the costs for the

an extremely extensive search for information.



(3) in the event that a collecting society for the provision of information

request payment, shall notify in writing of that fact, together with the amount of

the required payment to the applicant before providing information. From the notification must

to be clear, based on what the facts and the way in which the level of

payment of the collective administrator quantified.



(4) if the Administrator fails to comply with the collective against the obligation of notification to the applicant

pursuant to paragraph 3, be entitled to reimbursement of the costs.



Section 8



Licenses for more territory for the rights to the use of musical works online



§ 100



Licenses for more territory for the rights to the use of musical works online is

a license that is granted permissions to the exercise of the rights of the author of the music

of the work and, in the case of a musical work with text, whether or not the rights of the author of the text to use

the reproduction of the work pursuant to section 13 and the communication to the public under section 18

necessary for the provision of services online, and that applies to the territory of the

more than one of the Member States of the European Union or of States that make up

The European economic area.



section 100a



Eligibility for licensing



The collective administrator can provide licenses under section 100, if



and he gained permission to exercise), collective management of the rights in the

relation to the music, if not otherwise specified,



(b)) is able to identify musical works, which manages rights,



(c)) is able to identify in relation to each relevant territory

rights and their wearers to each musical piece or its

section, which manages rights,



(d) the unique identification codes) used to identify rightholders and

musical works, and as far as possible, takes into account departmental rules,

and



(e)) the resources to identify and resolve data discrepancies

another collecting society, that the licensor under section 100.



section 100b



The contract between the collective administrators about licensing



(1) the contract, the collective administrator shall assign another collective

Licensing Manager under section 100 to music from your

own repertoire may be closed only as non-exclusive. Responsible for the

a collecting society shall be obliged to execute his repertoire to manage

non-discriminatory way and under the same conditions as their own

repertoire.



(2) the contract referred to in paragraph 1 shall lay down the conditions under which the licences referred to in

§ 100 will provide, relating in particular to the method of use, the license

rewards, time and the territorial scope of the licence and the vyúčtovacích terms.



(3) the collective administrator shall provide to right holders, for which it exercises

collective management of, information on the conditions of the contract concluded by the

paragraph 1, including its duration and cost of the services provided by the

According to this agreement.



section 100 c



The obligation to conclude a contract at the request of licenses



(1) where a collecting society, which does not offer or provide a license

under section 100 to music from your own repertoire, asks in writing

another collecting society concluding the contract under section 100b, is this


collecting society shall be obliged to enter into such a contract, if these

license from the Repertoire of one or more of the other collecting societies already

provides or offers. In the case that such a contract cannot,

It shall communicate, without undue delay, to a collective administrators, on the conclusion of

such a contract.



(2) a collecting society designated under paragraph 1 shall include entrusted

the Repertoire of the applicant collecting society in all the menus that

submit an online service providers.



(3) the collective administrator who asked another collective administrator

the conclusion of the agreement referred to in paragraph 1, it shall provide the collecting

information regarding his own repertoire that are needed

for the granting of a licence pursuant to § 100. If this information is

insufficient or in a form that does not allow authorised collective

Administrators meet the requirements under this section has this collective

the administrator shall be entitled to



and) exclusion of works which the information relates, or



(b) reimbursement of reasonable costs) incurred in raising the

the necessary information.



section 100 d



Information obligations



(1) collecting society, that the licensor under section 100, provide

right holders whose rights it administers an online service providers and

other collective administrators by electronic means and on the basis of

duly reasoned request, information identifying the online

the musical repertoire which it manages. This information includes data about the



and musical works), which administers the law,



(b)) and rights-managed



(c)) territories States, for which license provides.



(2) at the request of the rightholder, another collective administrator or

the provider of the online services, containing evidence of the inaccuracy of the information or

the information referred to in paragraph 1 and in accordance with § 100a (b). b) to (d)), the collective

These data or information manager without undue delay.



(3) the collective administrator shall provide the rightholders to musical works that

they are part of his repertoire, and right-holders,

who have entrusted the management of their rights to licensing under section 100, in

electronic form for information about their musical works, rights

related to the works and the territory of the States for which these holders

This collective administrator delegate. To identify those data are

apply as far as possible departmental rules.



(4) the collective administrator may refuse to provide information due

protection of personal data or business secrets.



section 100e



Provision of information on the use and billing



(1) a collecting society shall be obliged to monitor the use of musical works online

the provider of the online services, which provide a license under section 100.



(2) the provider of the online services is obliged to provide the competent

collecting at least once a year for the previous calendar year

information about the use of musical works online. A collecting society shall be obliged to

allow him to submit these reports by electronic means and to offer

at least one method that takes into account departmental rules for

the electronic exchange of such data. A collecting society may refuse to

report submitted by the provider of the online services in a protected format.



(3) a collecting society shall be obliged without undue delay after receipt of the

the information under paragraph 2 to expose providers of online services

invoice, unless this is not possible due to reasons on the part of the provider

online services. The collective administrator shall issue an invoice by electronic

resources, and using the technical format, which takes into account the

departmental rules. The invoice shall contain data corresponding to the provided

information. Online service provider cannot refuse the invoice due to

its technical format, if the collective administrator uses an industry

rules.



(4) a collecting society shall be made for a procedure that will allow

the online service provider to challenge the correctness of the invoice, including

in the case where a supplier receives invoices from multiple collective

Administrators for the use of the same musical work online.



section 100f



Payment of the income from the exercise of the rights



(1) collecting society, that the licensor under section 100, is obliged to

to distribute the income from the exercise of rights exactly and without undue delay after the

receipt of information on the use of musical works online, and after the payment of the

the service provider invoices online.



(2) a collecting society shall provide rights-holders together with each payment

carried out pursuant to paragraph 1, the information about the



and) period, during which it was the use for which the rights holders this revenue

It is for, and about the territory of the State in which the use took place,



(b) income from the exercise of rights), carried out by rainfall and the amounts

divided the collective administrator for each musical work, for which the

under contract with the holder of the rights administered by law, with the corresponding

the provider of the online services.



(3) if the collective administrator provides the license under section 100, on the basis

pursuant to section 100b of the Treaty, it is in relation to collecting,

that it commissioned, the obligations under paragraphs 1 and 2 shall apply mutatis mutandis. Collective

the administrator is responsible for the subsequent distribution of income and the provision of

the information received from the authorized collecting society, the holders of

rights, unless otherwise agreed between the collective administrators.



§ 100 g



The exemption for radio and television broadcaster



Requirements according to the provisions of this section shall not apply to collective

If the administrator in accordance with the rules of competition provides

a license under section 100 radio or tv co-financing to the inclusion

to the broadcast of musical works ^ 23) that tells the public pursuant to § 21

paragraph. 4 or made available within the related audiovisual

on-demand media services ^ 24), or any by him or for him

the produced material, including trailers, which are complementary to

program ^ 25) this broadcast.



Section 9



Procedures for the settlement of disputes



§ 101



The use of an intermediary



The negotiation of collective agreements, collective contracts, pursuant to §

97g, the negotiation of tariff or resolution of disputes arising in the performance of

collective management (hereinafter referred to as "mediation") can collective

Administrators, users and their associations or holders (hereinafter referred to as

"the participants") to take advantage of one or more mediators from the list maintained by the

the Ministry.



§ 101a



List of mediators



(1) the Ministry keeps a list of mediators, which includes the names of


intermediaries and contact details referred to in paragraph 3 and is posted on the

the Ministry's website.



(2) for entry in the list of intermediaries may apply to an individual who,



and) is fully enjoys the



(b)) has received higher education in master or by the downstream

Master's degree programme,



c) demonstrated the expertise needed for the performance of the test

before the Commission, whose members are appointed by the Minister of culture, and revokes and



d) is impeccable; for integrity is not the one who was lawfully

convicted for an intentional criminal act, if it does not look as if the

has been convicted; for proof of good repute shall apply section 96b mutatis mutandis.



(3) the request for entry on the list of mediators the applicant shall indicate, in addition to

General requirements laid down in the administrative regulations, address for service

documents on the territory of the Czech Republic, if different from the address of the place of

place of residence or place of business address or electronic

the address.



§ 101b



The decision to write to the list of mediators



On the registration of the applicant to the list of intermediaries, the Ministry shall decide

If the applicant complies with the requirements laid down in Section 101a para. 2. Write performs

the Ministry at the date of acquisition of the decision on the registration of.



§ 101 c



Guest facilitator



(1) the activities of the mediator can exercise in the Czech Republic temporarily or

Occasionally a visiting mediator also another national

the Member State of the European Union or of one of the States that make up

The European economic area, which asks for the entry on the list

intermediaries as hosting facilitator and be accompanied by a certified copy of the

a document certifying that, in accordance with the laws of the State of which it is

national, pursues an activity comparable to the activities of the intermediary.

For the purposes of registration in the list of intermediaries shall indicate this person requirements

under Section 101a of paragraph 1. 3. the Ministry of it after the fulfilment of the conditions described

without undue delay, writes to the list of mediators.



(2) the activities of the visiting mediator on the territory of the United Kingdom is governed by the

the legal order of the Czech Republic. Visiting the mediator is authorised to

to carry out the activity on the territory of the United Kingdom a mediator under this

the date when the law will be written to the list of mediators.



section 101 d



Changes to registered data



The conciliator or mediator shall notify the Ministry without hosting

undue delay, the amendment of the information specified in § 101a para. 3. the Ministry of

writes changes to the list of mediators reported.



section 101e



Cancellation of the decision on registration and deletion from the list of intermediaries



(1) the Ministry cancels the decision on registration of mediator to a list

intermediaries and removed it from this list or removed from the list

hosting the mediator, if an intermediary or hosting

an intermediary



and) died or was declared dead,



(b)) was limited in incapacitation,



(c)) asked for the cancellation of the registration in the list of intermediaries,



d) repeatedly over the last 2 years or seriously despite the

written notice of the Ministry violated the obligations of an intermediary

laid down by law, or



e) ceases to comply with a condition of integrity.



(2) the Ministry shall withdraw that hosts an intermediary from the list of

mediators, if under the law of the State of which it is

national, his entitlement ceases to carry on business with the

the activities of the intermediary.



(3) the conciliator or mediator hosts to the Ministry shall notify the

the fact that they are the reason for the cancellation of the decision on registration to the

the list of mediators or for removal from this list, and it

not later than 15 days from the date when he learned about them.



section 101f



How to use an intermediary



(1) an application for mediation under section 101 shall be presented in writing to the

intermediary, or the intermediary a hosting any of the participants. In

the request shall indicate the status of the negotiations and attaches its proposal and shall communicate to the

the opinion of the other participants. An intermediary or hosting an intermediary

is obliged to refuse mediation, if with regard to its

the ratio to the point, to the participants or to their representatives, it is doubtful

his disinterestedness.



(2) unless otherwise agreed by the parties on the person of an intermediary or hosting

Facilitator, mediator or mediator determine that hosts at the request

the participant's Department.



(3) except where none of the parties within three months of submission of the proposal

the agreement prepared by a mediator or a visiting mediator reservations

This proposal, it is considered that the parties have accepted.



(4) unless otherwise agreed by the parties with the mediator, or visiting

mediator on the amount of his remuneration, a mediator or visiting

the mediator shall be entitled to remuneration in the amount of the average wage in the national

economy.



(5) for the mediation shall apply to section 4, paragraph 4. 2, §§ 5 to 9, section 10, paragraph 1. 1,

2 and 4, and article 12 of the law on mediation ^ 21) apply mutatis mutandis.



§ 101g



Collective complaints administrator



(1) the statutes shall determine the procedure for the handling of written complaints by members and

other rightholders, as well as collecting societies, in particular in the

the context of the mandate for the performance of collective management, the termination of such

credentials, the termination of his contract on the performance of collective management or detention

some of the management rights, terms of membership, collecting rewards

belonging to right holders, and the sharing of the revenue from the exercise of

rights.



(2) a collecting society shall execute the complaints referred to in paragraph 1, in writing,

without undue delay. If it rejects the complaint, stating the reasons for this.



Part 5



Supervision of the collective administrators



§ 102



(1) the Ministry shall exercise supervision over the performance of collective management and

compliance with the obligations of collecting societies under this Act.



(2) the Ministry is in the exercise of supervision pursuant to paragraph 1, in addition to the performance

General inspection powers under the control of the order ^ 26), shall be entitled to



and) participate in meetings of the supreme body of the collective administrator,



(b)) when it detects a violation of this store Act obligation to remedy and

establish a reasonable deadline to meet.



(3) the supervision of the Ministry of supervision is not affected to the Office for the protection of

of competition under the Competition Act ^ 27) in

the extent to which the conduct not covered by the Copyright Act.



section 102a



Cross-border cooperation of supervisors



(1) the Ministry shall be entitled to request the competent authority of the supervision of


the performance of collective administration of another Member State of the European Union or

one of the States that make up the European economic area (hereinafter referred to as

"supervisory authority") to provide all the information related to

the activities of the collective administrator based in the Czech Republic and

executing collective management on the territory of another Member

State of the European Union or of one of the States that make up the European

economic area.



(2) the Ministry shall provide, without undue delay to the competent authority

supervision on a reasoned request for information on the activities of the

collecting society established in another Member State of the European Union

or in one of the States that make up the European economic area, if

This activity is carried out on the territory of the Czech Republic.



(3) if the Ministry considers that the collecting society established in another

Member State of the European Union or in one of the States that make up

European economic area carrying out collective management of the territory

The United States does not comply with the legislation of that State, shall be entitled to

forward all relevant information to the competent supervisory authority of the State

and apply, within their competences, take appropriate measures.



(4) the Ministry shall respond within a period of 3 months at the request of the supervisory authority

the adoption of appropriate measures relating to the collective administrator issue

has supervisory authority reasonably considers that violates the obligations under this

by law, and it is a collecting society, which has its registered office in the Czech Republic

and carrying out collective management on the territory of the competent Member State

The European Union or the State of the formation of the European economic area.



Part 6



The granting of permission to the exercise of rights to the use of orphan works and other

orphaned objects



§ 103



(1) collecting society on the basis of a granted permission for the performance of

collective management of the works or types of art carries out collective management of

for rightholders to fatherless piece in its own name and on his behalf, even when

the exercise of those rights, which are not compulsory rights collectively

rights-managed or managed under extended collective

Administration. In the exercise of collective management for the rightholder to fatherless piece

It is considered that the holder of the rights to the fatherless piece to its publication he agreed

and to ensure that the orphaned work has been placed on the public without attribution

orphaned works, if it is not specified.



(2) where a collecting society for the same kind of works more collective

Administrators, and unless these collecting societies otherwise in writing or

using the procedure under section 101 shall be determined by the Ministry decision, which of the

such collecting societies to carry out the collective management for

the rightholder to such kind of orphan works. When making a decision pursuant to

the first sentence, the Ministry will take into account, in particular, what rights collective

the administrator manages on the basis of a granted permission for the performance of a collective

Administration and whether it meets the prerequisites for the proper procedures under the

paragraphs 1, 3 and 4.



(3) the license contract for the use of orphaned works closes the collective

an administrator with a user who demonstrates that even after a thorough search

has not been specified or found the holder of rights to the work. This agreement can be

to provide permissions to the exercise of the right to take the orphaned work only for the time

not exceeding 5 years and only for the territory of the Czech Republic. This agreement may be

close repeatedly.



(4) the remuneration and possible income from the release of unjust enrichment is selected in the

regarding the use of orphaned works leads the collective administrator on your

accounting separately for a period of 3 years from their selection. If, during this

time to end the status of the relevant works is the collective orphaned

the administrator shall be paid the remuneration and income rights holders.



(5) the remuneration and income referred to in paragraph 3, which was not possible according to the

This provision may pay to the end of that period, becoming tv

The State Fund of culture of the Czech Republic, and as regards orphan works

audiovisual and audiovisually applied, the State Fund of cinematography;

a collecting society shall be obliged to these funds within 15 days

Since the expiry of the period referred to in paragraph 4 to take account of the appropriate

the State Fund.



(6) the determination or finding the right holders to the fatherless part does not affect the

the validity of a contract concluded in accordance with paragraph 3.



(7) for the exercise of collective management for the rightholder to fatherless part

Title IV shall apply mutatis mutandis.



(8) paragraphs 1 to 7 shall not apply to computer programs. For

recorded performances, sound recordings and image recordings

paragraphs 1 to 7 shall apply mutatis mutandis.



Part 7



An independent administrator rights



§ 104



Independent rights Manager is a legal entity, whose core business is

business or other gainful activity that is based on the contract

entitled to manage the copyright or related rights on behalf of the

more than one of the rightholder to their mutual benefit as its

the sole or main purpose of its activities, and in which they have no stake

even people who don't speak it right-holders whose rights it administers.



Section 104a



The provisions of § § 98 paragraph 97b. 2, section 98a, 99f paragraph §. 1 (b). a) to (c)), and

f) to (h)), §, § 102 .99j and section 102a shall apply to an independent administrator rights

by analogy.



section 104b



List of independent administrators rights



(1) the Ministry keeps a list of independent administrators rights.



(2) a legal person who proposes to carry out the activities of the independent administrator

rights, is required to subscribe to the register and for that purpose to deliver the

the Ministry no later than 30 days before the start of this activity, a written

the notice, which must include the General conditions laid down in the administrative

regulations and further



and) the name and address of residence of each Member of the Board

together with an indication of the way in which this body shall represent the legal person,

If you are unable to obtain this information from the information systems of the public administration,



(b)) the definition of rights, to be managed by an independent administrator rights,



(c) the definition of the objects of rights) referred to in subparagraph (b)) and in terms of the work, and

the definition of their kind.



(3) the Ministry writes the person referred to in paragraph 1 to the list of

independent rights managers and within 15 days from the date of receipt of the notification

set the data shall inform the person who made this announcement, allocated

registration number.



(4) the independent manager of rights shall, within 15 days from the date of receipt of the

information about the registration number allocated in accordance with paragraph 3, in writing, communicate the


collecting, carrying out collective management of those same rights in

relation to the same subject-matter, and if it is a work of the same kind of work,

for that right-holders and for which the subject matter will manage

are conferred on the rights. This communication is the competent collective

Administrators considered a manifestation of the will of all rights holders whose rights

an independent trust manager manages, to exclude the effects of the mail contract in accordance with

paragraph 97e.



(5) an independent administrator rights is obliged to notify the Ministry

change of registered data, interruption or termination of the activities of the

the independent rights of the administrator not later than 15 days from the date when the

change of registered data, to suspension or termination of business

the independent administrator rights.



(6) every person has the right to inspect the list of independent rights managers and

take it extracts or copies thereof.



16) Act 269/1994 Coll., on criminal records, as amended

regulations.



17) Act 93/2009 Coll. on Auditors and amendment to certain laws

(Act on Auditors), as amended.



18) § 1400 et seq. of the civil code.



19) Act 257/2001 Coll. on libraries and operating conditions

public library and information services (library)

as amended.



19a) section 18 of Act No. 89/1995 Coll. on State statistical service.



19b) Act 483/1991 Coll., on Czech television, as amended

regulations.



Act 484/1991 Coll., on the Czech Radio, as amended.



20) section 26 et seq. Act No. 231/2001 Coll., on radio and

television broadcasts and amending other laws, as amended

regulations.



21) Act 202/2012 Coll., on mediation and on amendments to certain laws (law

on mediation).



22) § 21 of Act No. 563/1991 Coll., on accounting, as amended

regulations.



23) § 12 para. 3 (b). c) of Act No. 231/2001 Coll., as amended by Act No.

132/2010 Sb.



24) § 2 (2). 1 (b). and) Act No. 132/2010 Coll., on audiovisual

on-demand media services and on amendments to certain acts (the Act on

on-demand audiovisual media services).



25) § 2 (2). 1 (b). j) Act No. 231/2001 Coll., as amended

regulations.



26) Act 255/2012 Coll., on the control (control code).



27) Act 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition), as amended by

amended. ".



64. In section 105a of the paragraph. 2, the comma after the words "150 000 ' is replaced by

"and", the words "(a). (b)) "shall be inserted the words" or (c)) "and the words" and for the

the offense referred to in paragraph 1 (b). (c) a fine of up to $50 000) "shall be deleted.



65. In § 105 para. 1 (b). (b)), the word "or" is deleted.



66. In paragraph 105, the dot at the end of paragraph 1 is replaced by a comma and the following

the letters d) to (f)), which read as follows:



"(d)) carries out collective management, without her permission was granted under section

96A,



(e) fails to notify the Department of fact) under section 101f para. 2, or



(f)) as a person wishing to exercise or activity

the independent administrator rights, log on to register pursuant to section 104b paragraph. 2. ".



67. In paragraph 105 paragraph 2 reads as follows:



"(2) for the administrative offence referred to in paragraph 1 (b). (d)), fined up to 500

USD, for the administrative offence referred to in paragraph 1 (b). and (f)) or a fine) to

150 000 CZK, for the administrative offence referred to in paragraph 1 (b). (b)), or (c)), the fine

to 100 000 Eur and for the administrative offence referred to in paragraph 1 (b). e) fine to

50 000 CZK. ".



68. in paragraph 105, the following new section 105ba and 105bb, including the headings

shall be added:



"§ 105ba



Administrative offenses of collecting societies



(1) a collecting society is guilty of an administrative offense, by



and fail to fulfil one of the obligations) against the holders of rights under section 97a,



(b) fails to comply with information requirements) under section 97b 99f, 99 h, 99i, .99j or §

100 d,



(c)) nepověří the common representative pursuant to § 97 h of paragraph 1. 2,



(d) fails to comply with the procedure) when concluding a contract with a user under section 98, the



e) fails to comply with the procedure for negotiating tariff pursuant to § 98f,



(f) fails to comply with any of the requirements) in the management of revenue from the exercise of rights or

income from the investment income from the exercise of the rights under § 99-99e,



g) not produced an annual report pursuant to section 99 g of paragraph 1. 1,



h) contrary to section 99 g of paragraph 1. 2 does the annual message contained

the required information,



I) in violation of § 99 g of paragraph 1. 3 does the annual message was verified

the Auditor,



j) contrary to section 99 g of paragraph 1. 4 does not ensure the publication of the annual report

prescribed manner for a specified period,



k) contrary to section 100 c para. 1 refuses to enter into a contract for the provision of

licenses,



l) fails to fulfil any of the obligations in providing information on the use and

invoice according to § 100e,



m) does not parse the income from the exercise of rights under section 100f para. 1,



n) fails to fulfil an obligation within the time limit imposed by decision on measures

to remedy issued pursuant to § 102 paragraph. 2 (a). (b)), or



about performs collective management) in conflict with permission.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to



and 100 000 CZK), in the case of an administrative offence referred to in subparagraph (b)) or g) to (j)),



(b)) 250 000 CZK in the case of an administrative offence referred to in subparagraph (c)) to (e)), k) to (m))

or o),



c) 500 000 CZK in the case of an administrative offence under (a)), f) or n).



§ 105bb



Administrative offenses of independent administrators rights



(1) the independent rights of the administrator committing an administrative offense, by



and fails to comply with the notification requirement) section 104b paragraph. 4 and 5,



(b) fails to comply with information requirements) under section 97b 99f para. 1 (b). a) to

(c)), f) to (h)) or § .99j, or



c) fails to comply with an obligation imposed by the deadline set by decision on measures

to remedy issued pursuant to § 102 paragraph. 2 (a). (b)).



(2) an administrative offence referred to in paragraph 1 (b). and) or b) fined

to 100 000 Eur and for the administrative offence referred to in paragraph 1 (b). (c) the fine)

500 000 CZK. ".



69. the heading of section 105 c: "provisions common to administrative offences".



70. Under section 105 c of paragraph 4 is added:



"(4) administrative offences under this Act under discussion



and) in in the first instance by the municipal office municipality with extended

scope, in whose territorial jurisdiction the administrative offence was committed, in the case of

administrative offenses under section 105 d of paragraph 1. 1 and § 105 para. 1 (b). a) to (c)),



(b)), the Ministry, in the case of administrative offences pursuant to § 105 para. 1 (b). (d))

to (f)), section 105ba paragraph. 1 and section 105bb paragraph. 1. ".



71. the footnote No. 8a is deleted.



72. In section 105 c of paragraph 1. 6, the second sentence is replaced by the phrase "the fine imposed


the Ministry of culture are receiving the State Fund of the Czech Republic. ".



73. the following section is inserted after section 105 c 105 d is added:



"§ 105 d



The Ministry shall publish on its website the decision

issued under section 102 paragraph. 2 (a). (b)), § 105 para. 1 (b). (f)), § 105ba and

§ 105bb within 1 month after the acquisition of legal power and leaves is published

for a period of 3 years. The content of the published decision may not be the data

identifying the other person than the perpetrator ".



74. In annex 2, point 1 (b). a), the words "United Kingdom" shall be deleted.



75. In annex 2, point 2 (a). a), the words "United Kingdom" shall be deleted.



76. the following appendix 3 shall be added:



"Annex 3 to the Act No. 121/2000 Coll.



Information mentioned in the annual report referred to in § 99 g of paragraph 1. 2



1. Basic information:



and the financial statements in accordance with the law) on accounting and cash

flows,



b) report on the activities during the accounting period,



(c)) information on cases of refusal to grant a licence under section 98 para. 1,



(d) a description of the legal structure of and) the system of management of the collective administrator,



e) information about all the people, in which the collective administrator

shareholding or is directly or indirectly, in whole or in

in part,



f) information on the total amount of remuneration paid to persons engaged

control function and the persons who conduct the collective administrator, and

any other benefits provided to them in the previous

year,



(g)) the information referred to in point 2 of this annex,



h) special report on the utilization of the amounts retained for the provision of

social, cultural and educational services, including information

referred to in point 3 of this annex.



2. the financial information:



and the total amount of) information on the income from the exercise of rights by category

managed rights and use, including information on income from

investment income from the exercise of rights and the use of such revenue;



(b) the amount of the costs) information on rights management and other services provided by

the collective administrator right-holders with a description of at least the following points:



1. operating and financial costs broken down by categories

rights-managed, and in the case when it comes to indirect costs, which

cannot be assigned to one or more categories, an explanation of the methods used

to assign these indirect costs,



2. operating and financial costs broken down by categories

rights-managed, and in the case when it comes to indirect costs, which

cannot be assigned to one or more categories, an explanation of the methods used

to assign these indirect costs, as they relate to rights management, only

including the reimbursement of the costs of the management of rights, which is deducted or settled

income from the exercise of rights or the income from the investment income from the exercise of

rights,



3. operating and financial costs relating to services other than management

rights, but including deductions to cover the costs of providing social,

cultural and educational services,



4. resources used to cover the costs of the management of rights,



5. deductions from income from the exercise of rights with the breakdown by categories

rights-managed, how the use and purpose of the precipitation,



6. the percentage of the cost of the rights management and other services provided by

the collective administrator right-holders compared to the percentage amount of income

from exercise of rights in the appropriate accounting period, by category of managed

rights and in the case when it is the indirect costs that cannot be assigned to

to one or more categories, an explanation of the methods used to allocate

these indirect costs;



(c)), the financial information about the amounts belonging to right holders with full

a description of at least the following points:



1. the total amount allocated to the holders of rights with the Division by category

managed rights and how to use



2. the total amount paid to the holders of rights with the Division by category

managed rights and how to use



3. the frequency of the payments broken down by categories of rights and

ways to use



4. the total amount of income from the exercise of rights before the split between the competent

the rightholder, broken down by categories of rights-managed and how

the use and marketing of the accounting period in which the amount of the selected



5. the total allocated amount, which, however, was not yet the right-holders

broken, broken down by categories of rights-managed and how

the use and marketing of the accounting period in which the amount of the selected



6. the reasons for the delay, if the collecting society neprovedl_rozdělení and

payment within the time limit laid down in paragraph 1(b). paragraph 99 c 2,



7. the total amount of non-breaking amounts together with an explanation of use

These amounts;



d) information about the relationships with other collective administrators describing at least

These points:



1. amounts received from other collecting societies and the amount paid

other collective administrators with the breakdown by category of rights and

collecting societies,



2. payment of the costs of the management of rights and other deductions from income from the exercise of the rights

due to other collective administrators with the breakdown by categories of rights

and collecting societies,



3. payment of the costs of the management of rights and other deductions from the amounts paid

in other collective administrators with the breakdown by category of rights and

collecting societies,



4. the amounts of the split directly to right holders from other

collecting societies with the breakdown by category of rights and collective

Administrators.



3. For more information:



and the amounts retained on) the amount of reimbursement of the costs for the provision of social,

cultural and educational services in the accounting period with the distribution of

According to the purpose, and for each purpose the Division by category

rights-managed



(b)) for information about using the amounts referred to in point (a)) by

the purpose for which it was used. ".



Article II



Transitional provisions



1. the collecting societies shall be obliged within 3 months from the date of acquisition

the effectiveness of this Act inform right-holders, who have entrusted

the performance of the collective management of their rights before the date of entry into force of this

the law, of their rights under section 97, para. 3 to 8 of Act No. 121/2000

Coll., in the version in force from the date of entry into force of this Act.



2. no later than 31 December 2006. August 2018 is the collecting society shall be obliged to propose

tariffs referred to in § 98f Act No. 121/2000 Coll., in the version in force from

the effective date of this Act.



3. the annual report for the year 2015 issued pursuant to § 99 g of Act No. 121/2000


Coll., in the version in force from the date of entry into force of this law, may not

include the information specified in annex No. 3 to Act No. 121/2000 Coll., in

the version in force from the date of entry into force of this Act.



4. In the case where a collecting society to which holders of rights entrust performance

collective management of their rights to the use of musical works online, to 10. April

2017 does not provide a license or provide or permit,

to another collecting society carries out collective management of these rights for the

that purpose under section 100 to 100 c of Act No. 121/2000 Coll., as amended by

effective from the date of entry into force of this law, these laureates

the rights to revoke the credentials of this collective administrator to exercise collective

the management of their rights to the use of musical works online for all territories, without

they would have to revoke the credentials for each territory, and at the same time can

These licenses provide yourself or through another entity,

whom to entrust or through any collective

Administrator that meets the requirements for the granting of these licenses pursuant to

Act No. 121/2000 Coll., in the version in force from the date of entry into force of

of this Act.



5. Providers of collective and collective contracts, appointed by the

by the Department pursuant to section 102 of the Act No. 121/2000 Coll., in the version in force

before the date of entry into force of this law, shall be considered as intermediaries

pursuant to section 101 of the Act No. 121/2000 Coll., in the version in force from the date of acquisition

the effectiveness of this Act.



6. A collecting society, which has been granted permission to perform

collective management in accordance with the existing legislation, is entitled to

collective rights management according to law No. 121/2000 Coll., in the version in force

from the date of entry into force of this Act. A collecting society shall be obliged to

to adapt the statutes and internal regulations of the requirements laid down by law No.

121/2000 Coll., in the version in force from the date of entry into force of this Act,

within 4 months from the date of entry into force of this Act.



7. Proceedings for administrative offences, which has not been completed before the

the effective date of this Act shall be completed pursuant to law No.

121/2000 Coll., in the version in force before the date of entry into force of this

the law.



8. If the collective administrator Published before the date of entry into force of this

Act proposal for a compensation or how they determine design (design

tariff), but for the period following the entry into force of its effectiveness,

in excess of the increase in rates compared to the last previous tariff higher

than three times the inflation for the period of three full calendar years

preceding the period for which it has to pay the new amount of the rate of pay is

obliged to obtain for the period after the entry into force of this Act, the consent of the

The Office for protection of competition. When assessing whether the consent issue,

The authority shall take into account in particular the criteria set out in section paragraph 98e 3 and also to

whether abuse of a dominant position of collective

Administrator in competition or whether there is no other significant injury when

the protection of competition under a special regulation ^ 1). Until such time as

gets this consent may be in dispute arising from mental

ownership of a ^ 2) effectively challenged only the rates in force in the last

the previous tariff of fees plus no more than three times the inflation

According to the first sentence of this paragraph, unless he proves that the collecting society

in this tariff, the rate listed is clearly disproportionate to the purpose,

the way the scale and circumstances of the use of the subject-matter.



Article. (III)



The effectiveness of the



This Act shall take effect on the 15th day following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.



1) Act 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition), as amended by

amended.



2) § 9 para. 2 (a). (g)) of the series.