121/2000 Coll.
LAW
of 7 November. April 2000
on copyright, rights related to copyright and on the amendment
Some laws
(copyright law)
Change: 81/2005 Coll.
Change: 61/2006 Sb.
Change: 216/2006 Coll.
Change: 186/2006 Sb.
Change: 168/2008 Sb.
Change: 41/2009 Sb.
Change: 227/2009 Coll., 153/2010 Sb.
Change: 424/2010 Sb.
Change: 420/2011 Sb.
Change: 375/2007 Sb.
Modified: 18/2012 Coll., 300/Sb.
Change: 156/Sb.
Change: 303/Sb.
Change: 64/2014 Sb.
Change: 228/2014 Sb.
Change: 355/2014 Coll., 356/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
COPYRIGHT AND RELATED RIGHTS
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
and author rights to) the copyright of a part,
(b)) the rights related to copyright:
1. the rights of the performer to his artistic performance,
2. the right of the producer of a phonogram to his record,
3. the right of the manufacturer of the sound image to his record,
4. the right of a radio or television broadcaster to broadcast,
5. the right to zveřejnitele nezveřejněnému a part to which expired
duration of economic rights,
6. the right of a Publisher to remuneration in connection with the making of a copy of a
issued by him for the personal use of a work,
(c) the right of the maker to eat) taken with the database
d) protection of the rights under this Act,
e) collective management of copyright and related rights law
the copyright.
TITLE I OF THE
COPYRIGHT
Part 1
The subject of copyright law
§ 2
Of authorship
(1) the subject of a copyright is a work of literary and other works of art and
scientific work which is the unique result of creative activity of the author and is
expressed in any objectively perceptible form, including the form of the
electronic, permanently or temporarily, irrespective of its scope, purpose, or
the importance of (the "work"). The work is mainly the work of verbal language, expressed in
or print, the work of music, the work of dramatic and musical and dramatic work,
the work of choreographic and pantomime works, photographic works and works of
expressed similar photograph, audiovisual work, such as
the work of cinematographic, artistic, as the work is the work of painting, graphics and
a work of architectural sculpture, including works by urban development, work
the work of art and cartography.
(2) A work shall be considered whether or not a computer program, if it is original in that
meaning that it is the author's own intellectual creation. The database, which is
the content of the selection or arrangement of their author's own intellectual
creation and the components are systematically or methodically arranged and
individually made available electronically or in any other way, is the work of
the package. Other criteria for determining the eligibility of computer
the program and the databases to protect are not honored. Photos and work
expressed similar photograph which are original in the sense of
the first sentence, are protected as the work of photography.
(3) copyright applies to the work completed, the individual
the development phase, and the parts, including the name and the names of the characters, if they meet the
the conditions referred to in paragraph 1 or pursuant to paragraph 2, in the case of objects
copyright therein.
(4) the subject of copyright law is also a work resulting from the creative processing
the work of another, including the translation of the work into another language. This does not affect
the right of the author of the processed or translated works.
(5) Proceedings, such as the magazine, encyclopedia, anthology, band, exhibition
or another set of independent works or other elements that way
the selection or arrangement of their contents meets the conditions referred to in paragraph 1, the
the work package.
(6) the work under this Act is not, in particular, the theme of the work itself, daily
message or other indication in itself, the idea, process, principle, method,
Discovery, scientific theory, a mathematical formula and the like, the statistical chart and
similar to the subject itself.
§ 3
Exceptions to protection under copyright law in the public interest
Copyright protection does not apply to
and the official work of which) is a piece of legislation, decision, action, General
nature, a public document register available to the public and a collection of his
official documents, as well as the design of the official works and other preparatory official
documentation, including the official translation of that work, House and Senate
the publication of commemorative books municipal (municipal chronicles), State symbol and
the symbol of the territorial self-government units and such other works, for which the
public interest in excluding from the protection,
b) creations of traditional folk culture, is not the true name of the author in General
known, and unless the work of anonymous or pseudonymous works (section 7); enjoy
such a work can be just way nesnižujícím its value.
§ 4
Publication and edition of the works
(1) the first authorized public ordinary balance sheet, design, deliver,
exposure, release or otherwise making available to the public is the work
published.
(2) start of authorized public distribution of copies of a work is
released.
PART 2
The authorship of the
§ 5
The author of the
(1) the author is a natural person who has created the work.
(2) the author of the bulk of the work is the natural person who is a creative way to
selected or organized; without prejudice to the rights of authors of works to a file
classified.
§ 6
Statutory presumption of authorship
The author of a work is the natural person whose real name is as usual
indicated on the work or works indicated in the register of protected subject matter
maintained by the competent collective administrator, not to the contrary; It
does not apply in cases where the information is in conflict with another indication as follows
referred to. This provision shall apply even if this name
the pseudonym adopted by the author pseudonym, if it does not give rise to doubt about the
the author's identity.
§ 7
Anonymous and pseudonym
(1) the identity of the author, whose work was based on expression of his will
published without giving any names (the work of anonymous) or under the code name
or under the artistic mark (pseudonymous), is not permitted without his
consent to disclose.
(2) until the author of an anonymous or public works pseudonymního
fails to state that represents the author in the exercise and protection of copyright to
the piece on its own behalf and on behalf of the person who has published the work,
There is no evidence to the contrary; the public declaration of the author is not necessary if the
his real name is generally known.
§ 8
Co-authors
(1) the right of authorship in the work, which was founded by joint creative activities of two
or more of the authors until the completion of the works, such as the work of a single (the work
co-authors), it is for all spoluautorům jointly and severally. To the detriment of
the formation of joint authorship is not, if it can be the results of creative activities
to distinguish between the co-authors, if these are not eligible
stand-alone use.
(2) the co-author is not the one who has contributed to the development of the work only by providing
help or technical advice, administrative or professional in character or
the provision of documentation or technical material, or who only
He gave impetus to the development of the work.
(3) the legal acts relating to a work of joint authorship shall be entitled to and
all co-authors shall jointly and severally.
(4) on the management of a work of joint authorship shall decide co-authors unanimously.
If an individual author without serious reasons dealing with the work of the
co-authors, the other co-authors may demand replace the missing
expression of his will in court. The claim of copyright protection for a work
co-authors from threats or violation of the individual may also co-author
separately.
(5) if not agreed between the co-authors, the share of individual
co-authors on the public revenue of the copyright to the work
proportional to the size of their joint authorship of creative contributions, and where this cannot be
posts recognize common revenue shares are the same.
Part 3
The origin and content of copyright law
Section 1
General provisions
§ 9
The emergence of the copyright
(1) the right of authorship of the work arises at the time when the work is expressed in
any objectively perceptible form.
(2) the destruction of things, through which the work is expressed, does not terminate the
copyright to the work.
(3) Acquisition of ownership or other right in rem to the point, which
through the work is expressed, shall vest in the exercise of the right
work, if not agreed or unless this Act provides otherwise.
By granting permissions to the exercise of the right to take another person's work remains
without prejudice to the right of ownership or other real rights to things, which
through the work is expressed, if not agreed or unless of
special legislation otherwise.
(4) the owner or other user things, through which the work is
expressed, is not obliged to maintain and protect this thing before the destruction,
If not agreed or unless the law otherwise.
§ 10
Content copyright
Copyright includes the exclusive rights of personality (article 11) and the exclusive rights
property (§ 12 et seq.).
Section 2
Moral rights
§ 11
(1) the author shall have the right to decide on the publication of his works.
(2) an author has the right to arrogate the authorship, including the right to decide whether
and how his authorship should be stated at the time of publication and other
the use of his work, is the attribution of such use.
(3) an author has the right to the integrity of their work, in particular the right to
consent to any amendment or other interference with their work, unless the
This law provides otherwise. If the work is used by another person, it should not be done
reduce the value of the work. The author has the right to supervising compliance with
This obligation by another person (author's supervision), unless the nature of the
the use of a work or otherwise, or unless the user fairly
request that the author of the exercise of the rights to the author's supervision.
(4) moral rights the author cannot give up; These rights are
non-transferable, and the death of the author. The provisions of paragraph 5 shall not
without prejudice to the.
(5) After the author's death, no one may arrogate its authorship of the work, the work of
may be used only in a manner nesnižujícím its value and if it is
the usual, the author of the work must be indicated, unless the work is anonymous. The protection of the
can claim any of the people the author loved ones ^ 1a) this permission
they have, even if the elapsed duration of the economic rights of copyright. This
You may always seek protection as well as legal person uniting the authors or
the collective administrator under this Act (para. 97).
Section 3
Property rights
§ 12
The right to work
(1) the author shall have the right to enjoy his work in original or other processed or
otherwise, the modified form, or in a file separately or in conjunction with
other work or give to another person, the elements and the contract authorization to pursue
of this law; the other person can work without the granting of such permission
only in the cases provided for in this Act.
(2) the permission under paragraph 1 by providing a right of the author shall not cease;
the author creates only the obligation to tolerate interference with the right to take other work
a person within the scope of the Treaty.
(3) an author has the right to require the owner of the things over which the
the work is expressed, that it has made available, if it is necessary for the performance of
rights of copyright under this Act. This right may not be invoked in the
conflict with the legitimate interests of the owner; the owner is not obliged to the author
such a thing, however, is obliged, at the request and expense of the author may not make
the photograph or other reproduction of a work and taken it to the author.
(4) the law of work is
and the) right to reproduction (section 13),
(b) the distribution right) the original or copy of the work (section 14), the
(c)) the right to rent the original or copy of the work (section 15),
d) lending right the original or copy of the work (section 16),
(e)) the right to the issuance of the original or copies of the work (section 17),
(f)) the right of communication to the public (section 18), in particular
1. the right to operate the works live or from the record and the right to transfer
the operation of the work (art. 19 and 20),
2. the right to broadcast works of radio or television (section 21),
3. right to transfer a radio or television broadcast of the work (section 22),
4. the right to operate a radio or television transmission of the work (section
23).
(5) the ways of use of a work resulting from the provisions of paragraph 4 shall, for the purposes of this
the law defined in the provisions of sections 13 to 23. The work may be used for other
in a manner other than those referred to in paragraph 4.
section 13 of the
Reproduction
(1) the reproduction of a work, means the making of temporary or permanent,
direct or indirect copies of the work or a part thereof,
by any means and in any form.
(2) the work is mainly in the form of a copy of reproducing print,
photographic, audio, video, or sound image, building
the architectural work, or in the form of three-dimensional copies of other
or in the form of electronic involving expression of analog and digital.
§ 14
The expansion of
(1) expansion of the original or a copy of a work means the
making a work in a material form by sale or other transfer of
of ownership of the original or a copy of the work, including their
bidding for this purpose.
(2) the first sale or first other transfer of ownership of
the original or a copy of a work in a material form which was
made by the author or with his consent in the territory of one of the Member
States of the European Union or of one of the States that make up the European
economic area, it is in relation to that of the original or
the copy rights of the author of a work on the expansion of the territory of the Member States
The European Union and the States that make up the European economic area has been exhausted;
rental right and lending right works of art remain unaffected.
§ 15
Car
Rental of the original or copies of a work means the making available to the
the work in material form, for direct or indirect economic
or a business benefit by providing the original or a copy of a work
for a limited period.
section 16 of the
Lending
The loaning of the original or copies of a work means the making available to the
the work in material form the device accessible to the public rather than for the purpose of
direct or indirect economic or commercial benefit
the provision of the original or copies of a work for a fixed period.
§ 17
The issuance of
Issuance of the original or copies of a work means the making available to the
the work in a tangible form by allowing you to view or another perception of the original
or copy of the work, in particular the works of art, works of photography,
architectural works, including works of the urban development, works of applied art
or cartographic works.
Communication to the public
section 18
General provisions
(1) communication to the public of the work means making a work in intangible
form, live or recorded, by wire or wireless means.
(2) Communication to the public referred to in paragraph 1 is also making available
to the public in a way that anyone can have access to it on the spot and
at a time of their own choice, in particular computer or similar networks.
(3) communication to the public of the work is not just to operate the equipment
allowing or providing such communication.
(4) communication to the public of the work referred to in paragraphs 1 and 2 do not
exhaustion of the rights of the author of the communication to the public.
§ 19
Live operation and its transfer
(1) a live operation of a work means making a work live
conducted by the performers, especially live přednášeného literary
the work, conducted by live musical work with the text or no text, or
live staged dramatic or musical works displayed to dramatic,
choreography, or pantomimického.
(2) the transmission of live operation of a work means the current disclosure
live through the speaker works, operated by a screen reader or similar
the unit located outside of the area of live operation with the exception of the use of
work methods under section 21 to 23.
section 20
The pursuit of the record and its transfer
(1) the operation of the works from the record means the making available of works from the
the audio or sound-image via the device, with the exception of
use of a work methods under section 21 to 23.
(2) the transfer of the operation of the works from the record means the current
making a work from a record by using a loudspeaker, screen or
a similar unit located outside of the area of the operation from the record.
section 21
Broadcast radio or tv
(1) the Broadcast or the work means the making available to the
works by radio or television, and other such making a work by any
other means for the dissemination of sounds or images and sounds or of
the representations thereof, by wire or wireless means, including the spread after the cable or
broadcasting by satellite, the original broadcaster.
(2) Satellite in this Act means any satellite operating on frequency
zones, which are
and) under special laws governing telecommunications
reserved for broadcast signals received by the public, or
b) reserved for closed communication from one point to another, if
are the circumstances in which individual reception occurs,
comparable to the circumstances referred to in subparagraph (a)).
(3) Broadcasting by satellite referred to in paragraph 1 means the marketing of signals
bearing sounds or images and sounds or of the representations thereof, intended for
reception by the general public on an unbroken chain of communication towards the satellite and from the
her back to Earth under the guidance of broadcaster and under its responsibility. If they are
the signals, which carry signs, sounds or images, encoded, it is
the broadcast of the work referred to in paragraph 1, if the broadcaster, or with his
the agreement provided a means to decode.
(4) the Broadcasting of a work referred to in paragraph 1 is also making available the work current,
complete and unmodified transmission of radio or television broadcast of the work,
where is the same sender.
(5) the Broadcasting of a work by satellite takes place on the territory of the
the Member States of the European Union, or of States that make up the European
economic area, where the signals carrying the sounds or images and sounds
or of the representations thereof, intended for reception by the public listed under the leadership of
broadcaster and its responsibility to an unbroken chain of communication towards the
to the satellite and back to Earth.
(6) if the broadcasting by satellite takes place on the territory of that
a State which does not provide the level of copyright protection at least
comparable with the protection under this Act, the broadcast
by satellite on made on the territory of the Member States of the European
the Union, or of States that make up the European economic area, where
the station is located), from which the signals carrying the sound and image
and sounds or the representations thereof, intended for reception by the public are transmitted to the
the satellite, or
(b) the broadcaster is established), if they are not given the facts presented in the
(a)).
The right to broadcast by satellite can be invoked against the person
operates the station under (a)), or to co-financing by the letter
(b)).
(7) if the signals carrying the sounds or images and sounds, or of their
representation intended for reception by the public listed on the media chain direction
to the satellite and back to Earth in the territory of such State,
It does not provide the level of protection of copyright, at least comparable with the
the protection under this Act, and at the same time the station from which the transfer is
carried out, it is not in the territory of one of the Member States of the European Union
or one of the States that make up the European economic area,
the broadcast of the work by satellite shall be deemed to have been effected on the territory of the
the Member States of the European Union, or of States that make up the European
economic area, where it has placed its management bodies of the sender, the
the initiative is the broadcast takes place. The rights under this law can then be
apply to such co-financing.
section 22
Transmission of radio or television broadcast
(1) the transmission of radio or television broadcast of a work means the
making a work current, complete and unmodified transmission of broadcast
the works of radio or tv wirelessly or by wire, where the
is someone other than the sender of such broadcasts.
(2) the cable retransmission of radio or television broadcast of a work is
such transmission of radio or television broadcast of the work by
paragraph 1, which will take place after a cable or microwave system.
The provisions of § 21 para. 3 the second sentence shall apply mutatis mutandis.
Article 23 of the
The operation of a radio or television broadcast
The operation of a radio or television broadcast of a work means the
making a work broadcast by radio or television apparatus
technically suitable for the reception of radio or television broadcast. For
making a work using the equipment technically eligible to receive
radio and television broadcasting in the context of providing
services connected with accommodation, if these devices are placed in the
areas intended for private use by people, it is for the
the authors of the remuneration, which in the aggregate for all the collecting society must not
may not exceed 50% of the amount of the fee for a device provided for special
the law ^ 1b). For the operation of radio and television broadcasting,
According to § 18 para. 3 does not consider making a work to patients when
provision of health services in health facilities.
Section 4
Other property rights
section 24
Right to remuneration resale of an original work of art
(1) if the original work of art, that its author has transferred to
the ownership of another person, also sold at the purchase price, which shall be 1 500
EUR and more, and if such a sale as seller, buyer
participating provider or operator of the Gallery, auctioneer, or other
a person who consistently deals with works of art (hereinafter referred to as
"the trader"), has the author in connection with each again (next) sale
works right to remuneration provided for in annex 1 to this Act.
(2) the person liable to pay the remuneration referred to in paragraph 1 to the competent
collective administrators are the seller and trader together and
severally liable. A collecting society shall be obliged to allow the obliged entities
access to the register pursuant to § 100 para. 1 (b). (e)).
(3) Original works of art referred to in paragraph 1 means the art
the work, in particular painting, drawing, painting, collage, sculpture, engraving, lithography or
other graphics, photographs, tapestries, ceramics, glass and architectural jewel, and
provided they are made by the artist himself or is a
reproductions, which are considered to be original works of art.
Those that are considered to be original works of art, are
such reproductions, which were made in limited numbers by the
the author or under his authority and are numbered, signed by the artist
otherwise properly declared to the right. Right to remuneration referred to in paragraph 1 shall
does not apply to architectural works, expressed by building, works of applied
art, do not meet the characters of the original work of art, and manuscripts
composers and writers.
(4) the right to remuneration referred to in paragraph 1 shall not apply to the first second
sale, where the seller has acquired original works of art directly from the
the author less than three years prior to such resale and purchase price
resale of an original of a work does not exceed EUR 10 000.
(5) For the purposes of the exercise of the right referred to in paragraph 1 and the calculation of the relevant
Rewards with the purchase price shall mean the price without value added tax.
(6) the author and collecting societies have the right to any information from
the merchant, which is necessary to ensure payment of the remuneration referred to in
paragraph 1, for a period of three years from the date of purchase. The trader,
that pursuant to paragraph 1 taking part in the sale of an original work of art, it is
such sale shall notify to the competent collective administrators
by the end of January of the calendar year following the
the year in which the sale took place. Notification referred to in the preceding sentence
shall contain a specification of the sold original works of art and
information on the actual sales price. The remuneration shall be payable on the basis of
billing of collecting society within a time limit which shall be not less than 30
days, unless the collective administrator and businessman otherwise.
§ 25
Right to remuneration in connection with the reproduction of a work for personal use and
own internal use
(1) for published works which can be reproduced
and) for personal use of a natural person, or your own internal use
the legal person or the entrepreneurial natural persons (§ 30 and 30a) using
the appliance for making print copies on paper or similar
basis, or
(b)) for the personal use of individuals (section 30) on the basis of the sound,
sound-image or other record or radio or television
to broadcast their migration using blank media
the record,
the author has a right to remuneration in connection with such a reproduction of the work.
(2) the person liable to pay to the competent collecting reward
referred to in paragraph 1 is
and instrument manufacturer to manufacture) of copies of records, the importer of the
devices from third countries (hereinafter referred to as "importer") or the recipient of the
instruments of one of the Member States of the European Union or from one of
of the States that make up the European economic area (hereinafter referred to as "the recipient"),
(b)) the manufacturer, importer or consignee of the print making equipment
distribution of copies,
(c)) the manufacturer, importer or consignee of blank media records
(d) the carrier or the freight forwarder) instead of persons required under subparagraphs) (c)),
If, on the written request of the competent collecting society without undue
delay do not communicate the information necessary for the identification of the importer, the consignee
or manufacturer,
e) provider of reproductive services for consideration when it comes to print
reproductions (section 30a); provider of reproductive services in return for payment is
even the one who for a fee will make available the instrument to making the print
the distribution of copies.
(3) the remuneration, which shall be obliged to pay the person referred to in paragraph 2 (a). and)
to (d)) in connection with the reproduction of a work for personal use, it is for the
the author, on importation, upon the first sale
and the making of copies of) records
(b) the making of print) reproductions,
c) blank media records.
(4) the remuneration, which shall be obliged to pay the person referred to in paragraph 2 (a). (b)),
It is incumbent upon depending on the likely number of instruments designed to
making print copies of works under section 30a. For the calculation of the amount of the
the rewards of the apparatus used in the manufacture of printing copies of works
the likely number of these devices be set at 20%. Remuneration shall be fixed
the average price of the unit without value added tax.
(5) the remuneration, which shall be obliged to pay the person referred to in paragraph 2 (a). (e)),
It is incumbent upon depending on the likely number of made printing
copies of the works under section 30a. For the calculation of the amount of remuneration on the finished
print copies of the works shall follow the rules set out in sections 6 and 7
Annex No. 1 to this Act.
(6) the persons referred to in paragraph 2 shall be required to submit to the competent
collective administrators, always collectively for the calendar half-year, not later than
However, by the end of the next calendar month, information about
the facts decisive for remuneration, in particular concerning the type and number of
sold, imported or received by the device manufacture
copies of records, equipment to manufacture and print copies of
blank media records, as well as the total number of print
of copies made on instruments for the provision of reproductive
services for a fee.
(7) the Ministry of culture (hereinafter referred to as "the Ministry") shall issue a decree
the types of equipment to manufacture printing copies of and types of unrecorded
means of delivery records, from which shall be paid the remuneration referred to in paragraph 1, and the amount of
the flat-rate remuneration according to the type of instrument to making the print
of copies and type nenahraného media records. The Decree also provides for the
types of apparatus for making copies of records of which are paid
the remuneration referred to in paragraph 1; the amount of this remuneration is set out in annex 1 to the
This Act.
(8) the remuneration shall not apply in the case of export or dispatch equipment
referred to in paragraph 3 (b). and a) and b) for the purpose of their further sale and
export or send blank media records for the purpose of their
the next sale. The reward is further not apply from devices and unrecorded
carriers, if they are used in the Czech Republic just to the reproduction of works on the basis of
license agreements in their own activities.
§ 25a
Right to remuneration in connection with the rental of the original or copies
works
If the author will provide a license to rent the original or copies
the works recorded on an audio or audio-visual recording producers
such a record is created in respect of him, that will be the original or
copy the following recorded works of lease, the right to an adequate
reward; may not waive this right.
Section 5
Common provisions for property rights
section 26
(1) the property rights of the author cannot give up; These rights are
non-transferable and cannot affect the performance of the decision; This does not apply for
claims arising from such rights.
(2) property rights are subject to heritage. If you inherit the property rights to the
the part more heirs, it shall apply in their mutual relations to the work
the provisions of § 8 para. 3 and 4 apply mutatis mutandis. Inherits the property rights of the State
or State property rights go, on your behalf, shall be exercised by the State
Fund of culture of the Czech Republic, ^ 2), and in terms of audiovisual works,
State Fund of cinematography. ^ 3) income from the exercise of property rights of State
carried out by State funds, the revenue of the State funds.
(3) termination of the legal person, who inherited the rights to the work,
without a legal successor, the property rights of the State. The provisions of the
paragraph 2, the second and third sentence shall apply mutatis mutandis.
(4) the provisions of this Act, about the author, if it is not apparent from their
the nature of the otherwise, for his heirs, where appropriate, for the State, if he falls
heritage, in accordance with paragraphs 2 and 3.
Section 26a
cancelled
Section 6
The duration of property rights
section 27 of the
(1) property rights still occur, if it is not otherwise stipulated, for
life of the author and 70 years after his death.
(2) If a work created as a work of joint authorship, the duration of the
property rights since the death of co-author that others survived.
(3) the property rights to the work an anonymous and pseudonymnímu lasts for 70 years from the
authorized publication of the work. If the real name of the author of the anonymous works
or pseudonymního generally known or the author of that work publicly
declared (§ 7 para. 2) in the course of time, according to the first sentence, the duration
property rights to such a part referred to in paragraph 1, and in the case of work
co-authors, referred to in paragraph 2. The provisions of this paragraph shall apply
also on the collective work (section 59), with the exception of cases where the authors, who work
as such, they are created at work or on the work when it is available
to the public as the authors identified; in such cases, the duration of the
property rights to kolektinímu part governed by the provisions of paragraph 1 or
2.
(4) for the work, which is not to count the duration of property rights
determined the death of the author and that it was not published within 70 years from its
the creation, property rights on the expiry of this time, cease to exist.
(5) the duration of property rights to the audiovisual part is calculated from the
the death of the last survivor of the following persons: Director, the author of the scenario, the
the author of the dialogue and the composer of music specifically created for use in the
audiovisual work.
(6) the duration of property rights to a music piece with text, if both
the works created for the purpose of use in connection, ends, even if it's not about work
co-authors (§ 8), 70 years from the death of the last survivor of the following
people: the author of the text and the author of a musical work. For a work of musical and dramatic
the first sentence shall apply mutatis mutandis.
(7) if it is to count the duration of property rights governing the publication of
the work and the work is published in volumes for a specified period, the works, the
to continue, or back and forth, the duration of property rights for
each such part of the work itself.
(8) the duration of the economic rights shall be calculated from the first day of the year
following the year in which the operative event occurred for the
counting.
(9) for the determination of the duration of property rights to the fatherless part shall apply
the provisions of paragraphs 1 to 8, mutatis mutandis; for a work whose author is not specified,
paragraph 3 shall apply mutatis mutandis.
Section 7
Orphaned works
§ 27a
(1) for the orphaned work will be considered in accordance with § 2, if it is not determined by its author,
or even if it is specified, it is not found, even after the implementation of a consistent
Search under section 27b of the recorded in the manner prescribed by this
by law.
(2) if the copyright Belongs to the work of more than one author and
If they are not determined all the authors, or even if they are not determined,
found even after thorough search under section 27b
recorded in a manner prescribed by law, the work shall be considered
orphaned, with regard to the rights of authors who are not determined or found.
When it comes to authors who are designated and found, it shall apply in respect of
to their rights in section 12.
(3) for the orphan, subject to the conditions referred to in paragraph 1 shall consider all
the works of the author, not to the contrary.
(4) a work shall not be considered orphaned, fall if the conditions referred to in
paragraph 1. The author shall be entitled to terminate the status of the orphaned works
by written notification to the authorship of the work collective administrators
the head of the appropriate register of orphan works under this Act.
If the use of orphaned works under § 37a, ends the author status
orphaned works by written notification to the person who enjoyed the work in accordance with section
37A paragraph 1. 1. as regards the work referred to in paragraph 2, first sentence, shall apply
for the authors who are not designated or found, the first sentence to
the third analogy.
(5) the Works referred to in § 37a paragraph 1. 1 to 4, which is considered an orphaned
in accordance with paragraphs 1 to 4 in one of the Member States of the European Union or in the
one of the States that make up the European economic area shall be
for an orphaned and may be used in accordance with § 37a in all Member States
The European Union and in all the States that make up the European economic
space.
section 27b
(1) Thorough search in order to determine whether a work is an orphan,
performs before taking the work by consulting the appropriate information sources
appropriate for different types of works in order to identify or locate the author,
and in that of the Member States of the European Union or in that of the States
that make up the European economic area, where the work was first published
or for the first time aired. In the case of cinematographic works or
audiovisual, for which the manufacturer has his registered office or habitual residence in
one of the Member States of the European Union or in one of the States
that make up the European economic area, with consistent search performs
in that of the Member States of the European Union, or of States that make up
The European economic area, where the manufacturer has his registered office or habitual
residence. In the cases referred to in § 37a paragraph 1. 3 with consistent search
performs in that of the Member States of the European Union or in that of the States
that make up the European economic area, where it is established, the person who
the work published.
(2) in the event that there is evidence to suggest that relevant information on
the author could be found in other than those referred to in paragraph 1
States also make use of the resources available in these other
States.
(3) the list of information sources for consistent search which must
be consulted, is set out in annex 2 to this Act.
Section 8
Free work and first publication of undisclosed free works
section 28
(1) work, for which the duration of the economic rights has expired, anyone can
without further enjoy freely; the provisions of paragraph 2 and article 11 paragraph 1. 5 first sentence
This does not affect.
(2) a person who for the first time will publish the as yet unpublished work, which expired
the duration of the economic rights, the exclusive publication
property rights to the work as follows as published in the extent that they should
author of the work, if its property rights still persisted.
(3) the right provided for in paragraph 2 for the 25 years from the publication of the work. The provisions of §
27 para. 8 shall apply mutatis mutandis.
PART 4
Exceptions and limitations to copyright
Section 1
General provisions
section 29
(1) the exceptions and limitations to copyright can be applied only in specific
the cases provided for in this Act and only if such use
the work is not conflict with a normal exploitation of the work or not
unreasonably prejudice the legitimate interests of the author.
(2) the free use and statutory license, with the exception of official licenses and
reporting (section 34), the license for school work (section 35 (3)), the license
for temporary copies (§ 38a), the license for the photo portrait
(section 38b) and licenses for irrelevant side use of the work (section 38 c)
apply only to the work published.
Section 2
Free use and statutory licenses
section 30
Free use of the
(1) for the use of the work under this Act shall not constitute use for the personal
the need for a physical person, the purpose of which is the direct or
indirect economic or commercial benefit, unless otherwise specified in this
the law provides otherwise.
(2) the copyright so does not interact with the one who for their personal use
shall prepare a record, a copy or an imitation of a work.
(3) except where this act otherwise, taking further under this Act is
the use of a computer program or an electronic database as well as for personal
the need for a natural person or legal entity's own internal use or
entrepreneurial natural persons including the making of copies of such works and
for such a need; the same is taking under this Act, the making of
reproductions or imitations of the works of architectural construction and for
personal use of a natural person or legal entity's own internal use
or entrepreneurial natural persons (section 30a) and record
audiovisual work during his pursuit of the record, or its transfer
(section 20) and for personal use by natural persons.
(4) the Reproduction or imitation of a work of art made for personal
the need for the natural person referred to in paragraph 1 shall be as such, always
clearly marked.
(5) the Reproduction or imitation of a work of art made for personal
the need for the natural person referred to in paragraph 1 may not be used for other than
There the stated purpose.
(6) the provisions of § 25, 43 and 44 are not affected by paragraph 1.
section 30a
Reproduction on paper or on a similar basis
(1) The copyright does not interfere
a) natural person for their personal use,
(b)) a legal person or natural person-entrepreneur for his
your own internal use,
(c)) the one who on the order for personal use by natural persons,
(d)) the one who to order for your own internal use of a legal person
or entrepreneurial natural persons
shall prepare the print copy of the works on paper or similar substrate
photographic technique or by some other procedure having similar effects, with the
except when it comes to issued works of music or sheet music
music and drama, and in the cases referred to in points (c) and (d))) properly and in a timely manner
the reward applies under section 25.
(2) the provisions of § 30 paragraph 2. 4 to 6 shall apply mutatis mutandis.
§ 30b
The copyright does not interact with the person who enjoys the work in connection with the
deliver or fix the appliance to the customer within the range of to
to the extent necessary.
Section 3
Free legal licence
section 31
Quote
(1) The copyright does not interact with the person who
and to be used in justified extent) excerpts from published works of other authors in the
his work,
(b)) used extracts from the works of the whole work or minor for the purpose of criticism or
reviews relating to such part of the scientific or technical development and
such use will be in accordance with fair practice and to the extent
required by the specific purpose
(c)) to be used for teaching work for the sole purpose or scientific
the research, whose purpose is the achievement of direct or indirect
economic or commercial benefit, and shall not exceed the scope of
corresponding to the purpose;
However, it is always necessary to specify, if possible, the name of the author, unless the work
anonymous, or the name of the person under whose name the work places on the
the public, and title of the work and the spring.
(2) the copyright does not interfere nor the one who extracts from works or
Petite whole works cited referred to in paragraph 1 (b). a) or b) to be used;
the provisions of paragraph 1 of part after the semicolon sentence shall apply mutatis mutandis.
§ 32
Promotion of the exhibition of works of art and their sales
(1) The copyright does not interact with the person who for the purpose of promotion of the exhibition
or sale of originals or copies of works of such works shall be used
to the extent necessary for the promotion of such events, with the exception of any
Another use for direct or indirect economic or commercial
benefit. If it is normal, it is necessary to indicate the name of the author, unless the
the work of anonymous, or name of the person under whose name the work places on the
the public, and title of the work and the spring.
(2) in accordance with paragraph 1 may be further exposed to the catalog of works.
§ 33
Use of a work located in a public area
(1) The copyright does not interact with the guy who drawing, painting or
graphics, photos, or film or otherwise record or expressed
work that is permanently placed on the square, street, Park, public
roads or other public area; to the copyright
does not interfere nor the one who expressed, captured or recorded
the work further. If possible, it is necessary to mention the author's name, unless it is
about the work of anonymous, or name of the person under whose name the work places on the
the public, and also the name of the work and location.
(2) the provisions of paragraph 1 shall not apply to the reproduction or
imitations of the works of the architectural structure and the reproduction or
the distribution in the form of three-dimensional reproductions.
§ 34
Official and intelligence of the licence
The copyright does not interact with the one who enjoys
and to the extent justified by the work) on the basis of law for the purposes of public
security, for judicial or administrative proceedings or other official
purpose or for parliamentary discussions and the acquisition of writing about him,
(b)) work in connection with the reporting relating to the current
the event, to the extent the corresponding information to the purpose,
(c)) as far as appropriate work in a periodical review, tv or
radio broadcast or other mass medium
that enables news about current matters of political,
economic or religious, published already in another collective
the media resource, or a translation thereof; following the work undertaken and its
otherwise, you can enjoy the translation; takeover or any other subsequent use under this
the provisions, however, is not permissible if it is obstructed,
(d)), a political speech or excerpts of public lectures or similar works in the
extent appropriate informational purpose; the right of the author to use
such works in the file remains intact;
in the cases referred to in points (b) to (d))) is always necessary to indicate the name of the author,
unless an anonymous work, or the name of the person under whose name the work
places on the public, and also the name of the work and the spring, unless it is in
the cases referred to in points (b) and (d))) impossible.
§ 35
Use of the work in the context of civil or religious ceremonies or in the framework of the
official events organized by the public authorities, within the school
presentation and use of the work of the school
(1) The copyright does not interact with the person who not for the purpose of direct
or indirect economic or commercial benefit when used, work
civil or religious ceremonies or during official events organized by
public authorities.
(2) the copyright does not interact with the person who not for the purpose of direct
or indirect economic or commercial benefit when used, work
school performances in which exclusively performed by the pupils, students or
teachers of the school or school or educational establishment.
(3) The copyright also does not interact with the school or the school or
educational equipment, if not used, for the purpose of direct or indirect
economic or commercial benefit to teaching or to its own internal
the need for the work created by the pupil or student to meet the school or
study the obligations arising from the legal relationship to the school
the curriculum or education or equipment (school work).
(4) the provisions of § 31 para. 1 part of the sentence after the semicolon is for paragraph 1
up to 3 shall apply mutatis mutandis.
section 36
Restrictions on the right of the copyright to the work of soubornému
The copyright to the work soubornému does not interact with the trustee
the bulk of the work, if such work for the purpose of accessing its contents
and for the normal use of its content.
§ 37
Library license
(1) Copyright does not intervene into the library, archive, Museum, Gallery,
school, College and other educational and non-educational
device ^ 4),
and if the copy made) works which do not serve direct or
indirect economic or commercial purpose, for its archival and
preservation needs,
(b) a copy made) works whose reproduction has been damaged or
lost, and which can be based on a reasonable effort to determine
that is not being offered for sale, or a print copy of the small parts of a work,
that has been damaged or lost; a lawfully made
copy referred to in paragraph 2 may also lend,
(c) if the work exposes), including the making of copies thereof required
for such disclosure, which is part of the collections and the use of
is not subject to sales or licensing terms, with the exception of
the communication of the work in the manner specified in § 18 para. 2, individuals from the
the public through designated technical devices
located on his premises, solely for purposes of research or
private study and the absence of such persons, if such persons may make
copy of the work; the provisions of § 30 paragraph 2. 1 (b). (c)), and (d)) are not
prejudice,
(d) if the originals) or a copy of diploma, defended
thesis, dissertation and habilitation theses on the spot, and it
solely for purposes of research or private study, if such use
the author did not rule out.
(2) the copyright does not interact with the person referred to in paragraph 1,
lends the originals or copies of issued works, if it is paid
the reward, which belongs to the authors from the person and the amount laid down in annex
No 1 to this Act. The author does not have the right to remuneration in the case of lending
published works under this paragraph, on the spot, or to lend to
originals or copies of issued works of a school library and library
universities, national library of the Czech Republic, Moravian
library in Brno, State technical library, national medical library,
Comenius National Library of education, the library of the Institute of agricultural and
food information, library of the national film archive and
The Parliamentary Library of the Czech Republic.
(3) the provisions of paragraph 2 shall not apply to copies of works
recorded on a sound or image recordings, sound unless it is a
lending on the spot. The person referred to in paragraph 1 is required to use the
such lending to prevent the reproduction of the work options
recorded on the audio or sound-image record.
(4) The copyright does not interact with the person referred to in paragraph 1, which
the purpose of the offer to rent and make content their collections to be used
a copy of the work or any part thereof contained on the cover, including where appropriate
the thematic content of the works in the catalogue of collections; This catalogue of collections can
also make available to the public, avoiding the making of reproductions
work of art that could be used for direct or indirect
the economic or commercial purpose. The person referred to in paragraph 1 is always
required to include in a catalog of the collections of the author's name, if this is possible and if
about the work of anonymous, or name of the person under whose name the work places on the
the public.
(5) a person referred to in paragraph 1 shall, if on it fairly
request, submit to the competent collecting at his request
always collectively for the calendar year not later than the end of the following
information on the number of calendar month made borrowing and
the information necessary for collective rewards breakdown by the administrator.
§ 37a
License for certain uses of orphaned works
(1) The copyright does not interact with the person referred to in § 37 para. 1, which
exclusively for the attainment of the objectives related to its mission in the public
the interest of the
and for the purposes of reproducing the digitization), disclosure in the manner specified in the
§ 18 para. 2, indexing, cataloging, preservation, or restoration of orphaned
the work in the form of a book, magazine, newspaper, or other document or orphaned
cinematographic or audiovisual work and is a work that is
part of its collections, or archive, or
(b)) makes the work under (a)) as set forth in § 18 para. 2.
(2) Copyright does not interact with The broadcaster from the law,
that solely to achieve the objectives related to its mission in
the public interest
and for the purposes of reproducing the digitization), disclosure in the manner specified in the
§ 18 para. 2, indexing, cataloging, preservation, or restoration of orphaned
cinematographic or audiovisual work and is a work that is
contained in its archive, and was by him or on his own initiative made before
31 December 2002, or,
(b)) makes the work under (a)) as set forth in § 18 para. 2.
(3) the provisions of paragraphs 1 and 2 shall apply to the work, which was the first time
released, or, if it has not been released, for the first time aired in one of the
Member States of the European Union or in one of the States that make up
The European economic area. If there were no such publication or
the broadcast and the work was published by a person referred to in paragraph 1 or 2
with the consent of the author, are subject to these provisions, if it can be reasonably
assume that the author would be against its use in accordance with paragraphs 1 and 2 not
-opposition.
(4) the provisions of paragraphs 1 and 2 shall also apply to works inline or
incorporated into the work or are orphaned an integral part thereof.
(5) in the use of the orphaned works in the manner described in paragraph 1 or 2, you can
generate revenue solely to cover the costs incurred in
connection with the digitization of orphan works, and by making them available
to the public.
(6) in order to determine whether a work is an orphan, shall ensure that the person referred to in
paragraph 1 or 2 of a consistent search pursuant to section 27b, and will store
records of its implementation.
(7) each time you use orphaned works is a person referred to in paragraph 1, or
2 shall state the name of its author, if it was specified.
(8) a person referred to in paragraphs 1 and 2 shall without undue
delay, provide to the Ministry in writing
and each of its consistent) results of searching on the basis of
They concluded that a certain work is considered orphaned,
(b) the use of information according to) to paragraph 1 or 2,
(c) information on any change) the status of orphaned works, that such persons
having used or taken in accordance with paragraph 1 or 2,
(d)) your contact information.
(9) the Ministry of the results and the information that it receives pursuant to paragraph 8,
transmit without delay to the Office for harmonization in the internal
market ^ 14).
(10) the author, who ended the status of orphaned works under § 27a para. 4, has
right to remuneration against the person concerned enjoyed the work referred to in paragraph 1
or 2. When determining the amount of remuneration shall be taken into account for the purpose and circumstances of the use of
the work, as well as to the extent of the injury caused to the author of this use.
(11) the right to remuneration referred to in paragraph 10 shall be governed by the laws of the State in
where the taxable person is established to pay this remuneration.
§ 38
License for disabled
(1) The copyright does not interact with the person who
and) solely for the needs of people with disabilities, to the extent appropriate
their disability and not for the purpose of direct or indirect
economic or commercial benefit shall prepare or cause to be made
a copy of the issued works; follow these steps to copy the work, it could made
also be distributed and communicated, unless this is done for the purpose of direct
or indirect economic or commercial advantage,
(b)) solely for the needs of the visually impaired and not for the purpose of direct
or indirect economic or commercial benefit must affix the sound
folder sound image audiovisual work verbal
the expression of the image folder; as follows, supplemented by the sound the sound
image audiovisual work, it could also be reproduced,
distributed and communicated, if not done for the purpose of direct or
indirect economic or commercial advantage.
(2) the copyright also does not interact with the person referred to in § 37 para. 1,
lends copies to originals or issued works for the needs of the disabled
people with disabilities in relation to their disabilities.
(3) the provisions of § 30 paragraph 2. 5 shall apply mutatis mutandis.
§ 38a
Temporary license for reproduction
(1) The copyright does not interact with the person who carries out the temporary acts
reproduction of works that are fleeting, or secondary, are an integral and
an essential part of a technological process, have no independent
the economic importance and their sole purpose is to allow
and the work computer or transfer) a similar network between third parties
made by the mediator, or
(b) a lawful use of the work).
(2) if the author of the Treaty shall be granted permission to broadcast the work does not interfere with
his radio and tv copyright sender that
shall prepare the temporary record makes its own means and for its
own broadcasts.
section 38b
The license for a photographic portrait
The copyright does not interact with the person who makes the reproduction of the work
the photo, which is his portrait and that ownership of ordered;
follow these steps to copy a person may also use the displayed nevýdělečně,
If such use is not obstructed.
section 38 c
Nonessential secondary use of a work
The copyright does not interact with the person who has accidentally taken a work in
with regard to the intended main use of another work or element.
§ 38d
Licenses for works of art and architectural works
The copyright does not interact with the person who
and) hires, rents or exposing the original or a copy of a work
applied arts, expressed in the form of a utility or architectural work
expressed by building,
(b)) will propose or makes a change to the finished structure, which is an expression of
the architectural work, to the extent strictly necessary, and while maintaining the values of the
the works; If it is justified by the importance of the architectural work, and if it
on reasonably require, is obliged to inform in advance of its intention to
the author and on request provide documentation of construction including
illustrations depict the status before making changes.
§ 38e
Licences for sanitary facilities
The copyright does not interfere also provider of health services
or social facilities, which were not established or founded for the purpose of
profit, particularly in hospitals and prisons, which has compiled a record of
broadcast works and recorded works operated by persons located in the
These devices, to an extent appropriate to the purpose of this license. The right to
remuneration under section 25 shall not be affected.
§ 38f
The copyright does not interact with the person who enables you to receive the present,
complete and unchanged on the radio or television broadcast
receivers of the same building or complex of buildings to each other spatially
or functionally, using common household adhering antennas for
the condition that is allowed to accept only the regional or satellite tv
and the joint income is not used for the purpose of direct or indirect
economic or commercial benefit.
§ 39
Use the original or a copy of a work of art, a photograph or artwork
expressed similar photograph of his exposure to the
The copyright does not interact with the owner or the person from
the owner of the original or copy of the work borrows the art, photos
or similar photo works expressed, has such a
work or to issue free of charge, unless the author at
transfer of ownership of such original or copy such
zapověděl and the owner or borrower that was known or known to be
It must have been, especially since prohibitions on is recorded in the register maintained under the
the purpose of the collective administrator.
Part 5
The protection of the rights of the copyright
section 40
(1) the author, to whose rights were unduly affected or the law of the sea
threaten unauthorized interference, may seek, in particular,
and determine its authorship)
(b)) the prohibition of the threat to their rights, including the impending recurrence, or
the unlawful interference with their rights, in particular the prohibition on unauthorized production,
unauthorized commercial sales, unauthorized importation or exportation
the original or copies or reproductions of the work, the unauthorized
communication to the public, as well as unauthorized promotion, including
classifieds ads,
c) communications method and extent of the unauthorized use of, the origin of
illegally made copies or reproductions of the work, about how and
the extent of its unauthorized use, its price, the price of the service that with
unauthorized use of the work is related to, and on the persons who are unauthorized
use of the work involved, including people who were the subject of the reproduction or
imitations of works intended for the provision of a third party; the rights of the
the information referred to in this provision, the author can claim against the person
his rights unduly hit or is wrongly threatened and
further, in particular against the person
1. has or had in possession of illegally made copy or
an imitation of a work for the purpose of direct or indirect financial or
the business benefit,
2. uses or used for the purpose of direct or indirect
the economic and commercial benefit of the service that unduly
interferes with or interfere with the rights of the author or is unlawfully threatening
or threatened,
3. for the purpose of providing or provide direct or indirect
the economic and commercial benefit of the service to be used in activities,
that encroach into the rights of the author or is unduly
threaten or
4. has been marked by a person referred to in paragraph 1, 2 or 3, as the person who
participating in the acquisition, production or distribution of a copy or
imitations of works or the provision of services, which encroach
to the right of the author or is unlawfully threatening,
d) remove the effects of intervention in the law, in particular
1. downloading illegally made copies or imitations of the work
or device, product or component pursuant to § 43 para. 2 from trading
or other use of,
2. downloading from trading and the destruction of unlawfully made copies of the
or imitations of the work or the device, product or component pursuant to § 43
paragraph. 2,
3. the destruction of unlawfully made copies or imitations of the work
or device, product or component pursuant to § 43 para. 2,
4. the destruction or disposal of materials and tools used exclusively
or mainly for the production of a copy of a wrongly made or
imitations of the work or the device, product or component pursuant to § 43
paragraph. 2,
(e) provision of adequate reparation for the) reparation
the injury, in particular
1. the excuse
2. satisfaction in monetary terms, should the award of another
satisfaction was not considered sufficient; the amount of monetary compensation
determined by the Court, which will take into account in particular the seriousness of the injury and to
circumstances in which interference with the law occurred; This does not preclude the agreement
the settlements,
(f) the prohibition of the provision of the service), you use a third party to infringe a
or threaten the rights of the author.
(2) the measures referred to in paragraph 1 (b). (d)) shall be proportionate to the severity of
infringement of the right and must be taken into account the interests of third parties, in particular
consumers and persons acting in good faith.
(3) the author, whose design has been satisfied, the Court may grant judgment in
the right to publish the judgment at the expense of the party in the dispute failed,
and according to the circumstances and determine the scope, form and manner of publication.
(4) the right to compensation and the issue of unjust enrichment by
Special regulations remains unaffected; instead of actually lost
profit the author may claim compensation for lost profits in the amount of remuneration that
would have been usual for obtaining such a licence at the time of the unauthorized
the management of the work. The amount of unjust enrichment arising on the
one who illegally fed with the work without obtaining the necessary
license, shall be double the amount of remuneration that would have been to obtain such
the usual license at the time of unauthorized handling of the work.
§ 41
If an author grants to another person the exclusive permission to exercise the rights of work,
or if this person this privilege or the exercise of property rights to the work
entrusted to it by law, has the right to pursue claims under § 40 paragraph 2. 1 (b).
(b)) (a) to (d)). 3 and 4, only the person whose steps, by contract or by law
acquired exclusive rights were threatened or infringed; rights of the author
to claim other entitlements, as well as in the context of the claim under section
40 para. 3 remains unaffected.
§ 42
(1) the author may request from the Customs authorities and the authorities enforcing
the State statistical service, information about the content and scope of importation or
receipt of goods
and his work is rozmnoženinou), or sound, video, or sound
another record of such works,
(b)) for the acquisition of such a copy has to serve as a carrier (including unreleased track
carrier),
(c)) is for making audio, audio-visual or other
records or print reproductions, or
(d)) is a device, product or component pursuant to § 43 para. 2,
and to inspect customs and statistical documents to the extent necessary to
to establish whether the imports or the acceptance of such goods for use on
the territory of the Czech Republic are entitled under this Act, or
found the information applicable to the exercise of the rights of this Act
arising.
(2) the provisions of paragraph 1 shall apply mutatis mutandis to exports or when you send a
of the goods.
(3) the information referred to in paragraphs 1 and 2 may also require the competent
collecting society, as well as the legal person authorized to defend the interests of the
authors, or persons to whom the law, it is for authorization to pursue the
property rights (§ 58) or from the contract exclusive rights.
section 42a
cancelled
§ 43
(1) The copyright unduly interferes with the one who bypasses the effective
technical means of protection of the rights under this law.
(2) the copyright unlawfully extends also whoever manufactures,
imports, adopts, expands, sells, hires, promotes the sale or
car or hold for commercial purpose devices, products or components
or provides services that
and) are for the purpose of circumvention of technical devices offered
promoted or placed on the market,
(b)) in addition to circumvent technical resources limited
commercially significant purpose or use, or
(c)) are designed, produced, adapted or performed with the aim of
enabling or facilitating the circumvention of effective technological resources.
(3) the Effective technical means under this Act, means the
any technology, device or component that is at its normal
feature intended to prevent or restrict acts in
relation to the works for which the author has not given his permission, if the use of a work
the author can control the application of access control or protection
process, such as encryption, scrambling or other transformation of the work or
application of the control mechanism of reproduction.
(4) the legal protection provided for in paragraph 1 are without prejudice to the provisions of section 30a, section
31 para. 1 (b). (b) section 34 (a)). and), § 37 para. 1 (b). a) and b), § 38, §
38 (a) of paragraph 1. 2 and section 38e to the extent necessary to use the exception. The author, who
for his work he used technical means referred to in paragraph 3, shall be obliged to
to make their work of authorized users to the extent necessary to
fulfill the purpose of use of the work. The author may make their work,
for that he used technical means referred to in paragraph 3, and in the case of
the making of a record of their work for personal use in accordance with section 30; This does not prevent
the author, to take appropriate measures regarding the number of such
the distribution of copies.
(5) the provisions of paragraph 4 shall not apply to the work, which has been the author or
with his consent, opened to the public in the manner referred to in section 18 para. 2.
(6) the technical means to fulfil its obligation under paragraph 4 of
used by the author voluntarily or under agreements shall enjoy the protection of the
in accordance with paragraphs 1 to 3.
§ 44
(1) The copyright extends also whoever, without the permission of the author
inducing, enabling, facilitating or obscuring copyright violations
by
and removes or changes any) electronic information on rights management
to the work, or
(b)) expands, imports or receives for the purpose of distribution, broadcast or
communicate to the public, even in a manner pursuant to § 18 para. 2, the work of
which the rights-management information has been unlawfully removed or
modified.
(2) Information on the administration of the rights to the work referred to in paragraph 1, any
author information that identifies the work, the author or any other
the rightholder, or information about the terms and conditions regarding use of the work and
any numbers or codes that represent such information. The same thing
the same applies for the information that is attached to the copy of the work or the
appears in connection with the communication of a work to the public. ".
§ 45
To copyright unduly interferes with also one who for their work
uses of the name or the external editing no longer used after the author of a law
for work of the same kind if it could cause a risk of confusion
both works, if it does not follow from the nature of the work or otherwise its designation.
PART 6
cancelled
Section 1
cancelled
§ 46
cancelled
§ 47
cancelled
§ 48
cancelled
§ 49
cancelled
§ 50
cancelled
§ 51
cancelled
§ 52
cancelled
§ 53
cancelled
§ 54
cancelled
section 55
cancelled
Section 2
cancelled
§ 56
cancelled
Section 3
cancelled
§ 57
cancelled
PART 7
Special provisions on certain works
§ 58
Employee work
(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 service
relation to the employer or an employment relationship between the cooperative and its
a member of the (employee). The employer may exercise the right referred to in
This paragraph refer to a third party only with the permission of the author, unless the
This is done when the sale of the company or its parts.
(2) death or dissolution of the employer who was entitled to exercise
property rights to occupational work and that does not have a legal successor,
gaining permission to exercise these rights of the author.
(3) If an employer does not exercise the property rights to the occupational part
at all, or is not sufficiently, the author shall exercise the right to request that it be
under normal conditions, the employer has granted the license, unless there is a
the employer a compelling reason for its rejection.
(4) the author's moral rights to occupational part remain
shall remain unaffected. If an employer carries out property rights to occupational
part, it is understood that the author consented to the publication, use, processing,
including translation, a connection with another work, inclusion in the work of the bulk,
as well as this, to show the employee's work to the public under its
on behalf of, unless agreed otherwise.
(5) unless otherwise agreed, it shall be deemed that the author has granted employers
permission to complete their incomplete employment works for the case
that his legal relationship with the employer ends up before work completes,
as well as in the event that there are reasonable grounds for concern that the employee
work not completed properly or in a timely manner in accordance with the needs of the employer.
(6) unless otherwise agreed, the author of a work against employment
the employer the right to appropriate additional remuneration if the wage
or other remuneration paid by the employer of the author gets into the apparent
disproportionate to the profits from exploitation of the rights to work and to the importance of the occupational
such works to achieve a profit; This provision shall not apply
the works referred to in paragraph 7, whether they are staff, or parts for them
are considered, unless otherwise agreed.
(7) computer programs and databases, as well as cartographic works
are not collective parts are considered as employee works even if
If the author created on order; the customer is in this
the case of a deemed employer. The provisions of § 61 to these works
It does not apply.
(8) the rights and obligations referred to in paragraphs 1 to 6 are the end
legal relationship referred to in paragraph 1, where appropriate pursuant to paragraph 7 shall remain unaffected.
(9) in the case of the use of temporary agency work ^ 4 d) for the purposes of this provision,
for the employer, the employer shall be deemed, for which the employee
the Agency temporarily performs work under an employment contract or
contracts for work, if not between the Agency and the work in such a
by the employer, unless otherwise agreed.
(10) the provisions of paragraphs 1 to 6 and paragraph 8 shall apply mutatis mutandis to works
created to meet the obligations arising from the relationship between the
the company and the author of, which is a statutory body or a member of the
of the statutory or other authority of a partner company or public
the business of the company or the general partner of the limited partnership ^ 4e);
trading company in this case, considered to be the employer.
The preceding sentence shall apply mutatis mutandis to other legal persons, and of the authors,
who are their bodies or members of the organs. The provisions of § 61 the works
arising pursuant to this paragraph does not apply.
§ 59
Collective work
(1) a collective work is a work whose creation is involved in multiple authors,
that is created on the initiative and under the guidance of natural or legal persons
and placed on the public under its name, while the posts included in the
such works are not able to separate use.
(2) Collective works shall be considered an employee of the work pursuant to section 58 and
then, if it was made to order; the customer in this case
considered to be the employer. The provisions of § 61 does not apply to these works.
(3) a work of audiovisual and works not used as audio-visual material, the work of the
the collective.
section 60
School work
(1) School or educational or training institutes are the usual
conditions, the right to conclude a licensing agreement for the use of school works (§ 35
paragraph. 3). If the author Denies such works to authorise, without a serious
because such persons may seek to recover the missing speech his
the will in court. The provisions of § 35 para. 3 remains unaffected.
(2) unless otherwise agreed, the author of the school work or his work
provide a different licence, if it is not in conflict with the legitimate interests of the
school or school or educational establishment.
(3) School or educational or educational establishments are entitled to require,
to them, the author of the school works from the earnings achieved by him in connection with the
use of works or the provision of a licence referred to in paragraph 2 a fair contribution
to cover the costs incurred in the creation of the work, in accordance with the
circumstances until their actual amount; in so doing, account shall be taken of the amount of
earnings achieved by the school or educational or training establishments of the
the use of the school of art in accordance with paragraph 1.
§ 61
The work created to order and competitive work
(1) if the work is created by the author on the basis of contract work (the work
created on order), the author has provided a licence for purpose
arising from the contract, unless otherwise agreed. The use of the work over the
the framework for such purpose, the customer is entitled to on the basis of the license
contract, unless this Act provides otherwise.
(2) unless otherwise agreed, the author of a work created on the order may
enjoy and to grant a licence to another, if this is not in conflict with the legitimate
the interests of the customer.
(3) the provisions of paragraphs 1 and 2 shall apply by analogy to the work created by the author
as a contestant in a public competition (competition).
The work of audiovisual
§ 62
General provisions
(1) the audiovisual work is the work created by the arrangement of the works
as audio-visual material used, whether processed or unprocessed, which
consists of a series of related images, recorded that give rise to
the impression of movement, whether or not accompanied by sound, vnímatelných
vision, and if they are accompanied by the sound, vnímatelných and hearing.
(2) to handle the work and add them to the audiovisual works can only be
permission of the author.
§ 63
The author of the audiovisual work
(1) the author of the audiovisual work is its Director. This does not affect
rights of authors of works as audio-visual material used.
(2) it is considered that the declarations of the audiovisual work and the rights to
such a piece, including rights relating to its use, registered in the
Register of audiovisual works kept pursuant to international treaties, it is
true, there is no evidence to the contrary; This does not apply in cases where a statement
cannot be valid under this Act or when it is in conflict with another
Declaration in this register.
(3) unless otherwise agreed, the case that the author of the audiovisual
the works awarded the initial record producers audiovisual work written
the Treaty is the initial permission to record a record, that
and this producer provided) the exclusive and unlimited license to use
audiovisual work as original, dabovaném and provided with subtitles,
as well as to use images created in connection with the acquisition
initial record, with the possibility to grant permissions by forming part of the
such a licence to a third party in whole or in part, and that
(b)), with the agreed remuneration in an amount that is at the time of
the conclusion of the contract, under the terms and conditions of similar content, this agreement
for that kind of work.
(4) for the relationship between the author and producer of the audiovisual work originating
audiovisual work shall record the provisions on withdrawal from the contract for the
change the author's conviction under the civil code ^ 13) does not apply,
unless it is agreed otherwise; the provisions of § 58 para. 4 shall apply mutatis mutandis
and the provisions of § 58 para. 5 shall apply mutatis mutandis.
§ 64
Works as audio-visual material used
(1) unless agreed otherwise, applies to the case that the author of the work
as audio-visual material applied, with the exception of musical works, granted the producers
initial recording audiovisual work written contract permission to
the classification of audiovisual works within the work that this producer
and granted the permission to work) unchanged or after processing or other change
enlist in the works of the audiovisual, record it for the initial record
of such audiovisual work, as well as to dub them and add subtitles,
that
(b)) provided by and the exclusive and unlimited license to use their work in
the use of audiovisual works, as well as the pictures created in
connection with the acquisition of the initial record, and with it the permission options
forming a part of such a license to provide all or part of the third
person, and that the
(c)) it agreed to pay in an amount that is at the time of conclusion of the contract
for the terms and conditions of similar content to this agreement for such kind of
the usual works.
(2) unless otherwise agreed, the author of the work by an audio-visual presentation of applied according
paragraph 1, to grant permission to the inclusion of such works into other work
audiovisual or classify them in such works himself up after
ten years from the grant of the consent referred to in paragraph 1.
(3) the provisions of § 63 para. 4 shall apply mutatis mutandis.
Computer programs
§ 65
General provisions
(1) a computer program, regardless of the form of its expression, including
the preparatory design material, is protected as a literary work.
(2) the thoughts and principles upon which is based any element
a computer program, including those underlying its link
with another program, are not protected under this law.
§ 66
Restriction of the scope of the rights of the author to a computer program
(1) The copyright does not infringe the lawful user of a copy of a
a computer program, if
and), translates, reproduces the handles, modifies or otherwise changing computer
the program, if it is necessary for the use of lawfully acquired
a computer program, if and when the establishment and operation of a computer
program or corrects the errors of the computer program,
b) otherwise increaseth translates, handles, modifies or otherwise amended
a computer program, if it is necessary for the use of legitimately acquired
copy of a computer program in accordance with its intended use if it is not
unless otherwise agreed,
(c) shall prepare a backup copy) of a computer program, if
necessary for its use,
d) examines, studies or tested himself or a person authorized by the functionality of the
a computer program in order to determine the ideas and principles on which
is based any element of a computer program, if so when
such introduction, storage of the computer program in the memory of the computer or
in his view, traffic, or traffic, to which he is entitled,
e) reproducing the code or its form in the reproduction resolves to
a computer program or its translation or other processing,
editing or other change, it is entitled to, alone or
through its designee, if such reproduction or
translation necessary to obtain the information necessary to achieve the mutual
a functional link independently created computer program with
in other computer programs, if the information is needed to reach
mutual links are not working for such persons otherwise
easily and quickly available and this activity is limited to those parts of the
a computer program that are needed to achieve the mutual
the function of the link.
(2) the reproduction of a computer program under this Act shall
the making of the copy, if it is necessary to load and save
a computer program in the memory of the computer, as well as for its display,
traffic and transport.
(3) for the rental or lending under this Act shall not be considered a rental
or lending of copies of a computer program where the program itself
It is not the essential object of the rental or lending.
(4) information obtained in activities referred to in paragraph 1 (b). (e)) shall not
be provided to other parties, unless this is necessary to achieve the
mutual functioning independently created computer link
program, or used for purposes other than to achieve the mutual
a functional link independently created computer program. Further
This information may not be used, nor to develop, manufacture or
commercial exploitation of the computer program similar to this computer
the program in its expression, or for any other conduct or activities affecting the
violation of the copyright.
(5) for the limitation of copyright in a computer program referred to in paragraph
1 the provisions of § 29 para. 1.
(6) an authorized copy of a computer program is
lawful acquirer of a copy of a computer program that has
ownership or other right to the copy of the computer program, and under the
the purpose of its use, not for the purpose of its further conversion,
an authorized licensee or any other person authorised to use
a copy of a computer program. A malicious user can use legally
acquired copy of the computer program, to the extent provided in
paragraph 1 (the minimum), if not the contract scope
wider; the minimum range cannot be except for the permissions referred to in paragraph
1 (b). (b)) the agreement contract.
(7) the provisions of section 30a to 33, § 34 (a). b) to (d)), § 35 to 38, § 38a
paragraph. 1 (b). (b)), section 38 (a) of paragraph 1. 2, section 38b to 39, § 43 para. 1 and 4 to 6
the provisions of the Civil Code concerning the withdrawal from the contract for change
the conviction of the author at ^ 13) computer program do not apply.
(8) legal protection of technical devices in accordance with § 43 shall not affect the
the provisions of paragraph 1 (b). (d)) and e) to the extent necessary for the use
These restrictions. The author, who used his work for technical resources
According to § 43 para. 3, is obliged to make available a computer program
an authorized user in the range referred to in paragraph 1 and shall indicate
a computer program is protected by technical means giving the name and
address of the person to whom the trustee has for this purpose.
TITLE II
RIGHTS RELATED TO COPYRIGHT
Part 1
The right of the performer to artistic performance
§ 67
Performance art and performance artist
(1) performance art is the performance of actor, singer, musician, dancer,
conductor, choirmaster, Director, or other person that plays, sings,
recites, showing off, or otherwise performs a work of art and creations of traditional
folk culture. For performance art also means performance artists, without
It performs the work of art.
(2) the performer is a natural person who has created performance art.
§ 68
The joint representative of the performers
(1) when dealing with rights to performances that were created when you perform together
the same works more performers, such as members of the Orchestra, the choir,
dance or other artistic bodies, shall represent these powerful
artists on their behalf and on the behalf of the artistic director of the body as
a joint representative. Artistic Director of the body is not the common representative
determine if the majority of the members of the art of the body as a common representative of the different
person; the validity of the power of attorney shall require the written form and the signature of the majority of
members of the art of the body.
(2) the provisions of paragraph 1 shall not apply to representatives on the joint Executive
artist-soloist, conductor and Director of the theatre performances; by
not affect the right of such persons to be the common representative of the powerful
artists.
§ 69
The contents of the rights of the performer
The right of the performer includes the exclusive rights of the personality (§ 70) and
exclusive rights (section 71).
section 70
The moral rights of the performer
(1) the performer has the right to decide to publish their art
performance.
(2) the soloist creates a performance himself, and conductor, choirmaster, theatre
Director and soloist, creates performance along with members of the artistic body, has
the right to decide whether and how his name should be indicated when
publication and further use of its performance. The performers as members of the
the art of the body entitled under the preceding sentence only in relation
the common name (joint pseudonym), under which the performance together
they create; This does not preclude agreement on the indication of the name under the previous
the sentence.
(3) However, it is not for the right to Executive artists referred to in paragraph 2, in the cases
reasonable exploitation of the performance.
(4) the performer has a right to protection from any znetvořením,
twisting or other changing your performance that would be prejudicial to his
reputation; performers pursuant to § 68 para. 1 are obliged to take on
adequate mutual respect.
§ 71
The property rights of the performer
(1) the performer has the right to enjoy his artistic performance in the original or
other processed or otherwise altered, and give another contract
permission to exercise this right; another may enjoy performance art without
the granting of such permission only in cases provided for by law.
(2) the law of performance art to enjoy is the
and the) right to broadcast a live performance and other communication to the public,
(b)) the right to record a live performance,
(c) the right of reproduction) of the performance
(d)) the right to distribution of copies of fixed performance,
e) rental right of copies of fixed performance,
f) lending right copies of fixed performance,
(g)) the right of communication of the performance to the public.
(3) the performer has a right to remuneration in connection with the reproduction
his recorded performance for personal use, mutatis mutandis, in accordance with § 25.
(4) the performer, the phonogram producer has provided contract
the exclusive and unlimited license to use your recorded performance
a one-time reward, is entitled to annual additional remuneration. This remuneration
It is required for each full year starting with calendar year immediately
following the year in which 50 years have elapsed from the date on which it was
an audio recording of lawfully published, or, if no such publication,
lawfully communicated to the public. The rights to the annual supplementary remuneration shall
performer cannot give up.
§ 72
The valuable legal licenses
(1) to the rights of the performer does not intervene, who enjoys the art performance
recorded on an audio recording issued for commercial purposes of broadcasting
radio or television, radio or television transmission
broadcast; However, it falls to the Executive artists right to remuneration for such
the use of. This right may be exercised only by performer
the competent collecting society.
(2) an audio recording issued for commercial purposes, for the purposes of this
provisions shall mean the audio recording, a copy of which shall be circulated
sale, or is lawfully communicated to the public pursuant to § 18 para.
2.
(3) to the right of the performer, but one who intervenes before taking
in the manner referred to in paragraph 1 shall not conclude with the competent collective
Administrator of the agreement that sets out the amount of the remuneration for such use, and
the method of payment.
(4) The rights of the performer intervenes and one whom the competent collective
the administrator disabled the additional use of the performance in the manner referred to in paragraph 1,
because it is against him in default in the payment of fees for such
use and does not pay the remuneration or within an additional 30-day period for the
the purpose of the collective administrator provided for him. Restrict the collective
the administrator of such a prohibition for a shorter period, the period of prohibition to the time when the
the obligation to pay remuneration has been paid or otherwise extinguished; If there is a breach of the
the ban, however, will not end without the consent of the administrator of the duration of the prohibition of collective
before they are settled and claims arising from such breach.
§ 72a
Withdrawal from the contract manufacturer for failure to act
(1) If after a period of 50 years from the date when the sound recording performance
lawfully published, or, if no such publication, lawfully communicated to
producer of a phonogram to the public, does not offer a copy of this
the record in the flesh for sale in sufficient quantity or this
the record does not disclose to the public in the manner referred to in section 18 para. 2, can
performer in writing of the intention of the phonogram producer
withdraw from the contract, which is provided by an exclusive and unlimited license to
the use of their recorded art performance. This notification can be done
First, on the first day of the calendar year immediately following the
the year in which the period referred to in the first sentence. The right to withdraw from the contract
performer may apply only if the manufacturer of the sound
the record within a period of 1 year from the date on which the performer of its intention to
withdraw from the contract, said the record both ways
referred to in the first sentence; the withdrawal must be in writing.
This right shall not waive the performer.
(2) if the sound recording has a record of multiple performers, performance
These performers can withdraw from the contract pursuant to paragraph 1. For
the resignation of more performers from agreement referred to in paragraph 1 shall apply
mutatis mutandis, to section 68.
section 72b
Measures to balance the contractual relationship
If the performer has provided the phonogram producer agreement
the exclusive and unlimited license to use your recorded performance and has
under this contract are entitled to periodic compensation payments, starting with the first
on the day of the calendar year immediately following the year in which the
50 years have elapsed from the day when the phonogram was published, or lawfully
If there were no such publication, lawfully communicated to the public, will not be
producer of a phonogram from such payments to the Executive artists no clot
previously paid or contractually agreed deductions.
section 73
Duration of the economic rights of the performer
The property rights of the performer last 50 years since the creation of the performance.
If, however, it was during this time, lawfully published or lawfully communicated to the
public
and) other than an audio recording of the performance, the rights of the performer for the
50 years from the date on which the first authorized publication or communication
to the public of such record, whichever of the above
event occurs before or
(b)), the audio recording of the performance of the performer's rights for 70 years from the
the date when the first authorized publication or communication to the public
such a record, depending on which of the above events occurs
previously.
§ 74
The use of title I
The provisions of § 2 (2). 3, § 4, 6, 7 and 9, § 11 (1) 4 and 5, § 12 para. 2 and
3, § § 13 to 16, 18 to 23, § 25, 25a and 25, § 27 para. 8, § 27, § 27b,
§ 28 para. 1, § 29, § 30 paragraph 2. 1, 2, 5 and 6, § 30b, section 31, paragraph 34 (a). and)
to c), § 35, § 37-38a, § 38 c, 38e, 38f, § § 40 to 44 and 58, § 62
paragraph. 2 and § 64 para. 1 and 3 shall apply mutatis mutandis to the performer and his
the performances.
PART 2
The right to the producer of the phonogram record
§ 75
Sound recording and its manufacturer
(1) an audio recording is exclusively hearing perceptible performance recording sounds
of the performer or of other sounds, or the representations thereof.
(2) the producer of a phonogram is the natural or legal persons who, at the
its responsibilities for the first time recorded the sounds of the performer's performance, or other
sounds, or the representations thereof, or for which, on the initiative of its
make the other person.
§ 76
The contents of the rights of the producer of a phonogram
(1) a phonogram Producer has the exclusive property right to your sound
enjoy and give another record contract permission to exercise this right;
another may enjoy the audio recording without the granting of such permission only
cases provided for in this Act.
(2) the right to enjoy the audio recording is
and) the right of reproduction of a phonogram
(b) the right of distribution) of the original or copies of a phonogram
(c)) rental right original or copies of a phonogram
d) lending right original or copies of a phonogram
e) right of broadcasting and communication to the public of a phonogram, other.
(3) the provisions of section 72 shall apply mutatis mutandis to the producer of the phonogram.
(4) the phonogram Producer has the right to remuneration in connection with the
the reproduction of his personal record by analogy with § 25.
(5) the right of the producer of the phonogram shall be transferable.
section 76a
The obligations of the producer of a phonogram in the context of the annual supplementary
reward
(1) On payment of the annual supplementary remuneration referred to in § 71 para. 4 the manufacturer
phonogram shall set aside an amount equal to 20% of income
received during the calendar year preceding the year for which
This remuneration shall be the responsibility of the reproduction, distribution and making available to the
public in the manner referred to in section 18 para. 2 audio recording after
the expiration of 50 years after the date on which the phonogram was published, or lawfully
If there were no such publication, lawfully communicated to the public. Revenue by
the first sentence means the income of phonogram producers before the deduction of
costs.
(2) the manufacturer shall, on request, provide to the Executive the artists that
He is entitled to annual additional remuneration and the competent collective administrators
all the information necessary to ensure the payment of the remuneration.
(3) the manufacturer shall amount earmarked in accordance with paragraph 1 for payment
the competent collective administrators that the annual supplementary remuneration paid
each eligible performers, not later than 31 December 2006. March
calendar year following the year for which the remuneration.
(4) income from collecting payments made pursuant to paragraph 3,
that cannot with reasonable efforts within 3 years from the
receipt of pay, with the expiry of this period, becoming the national income
the Fund of culture of the Czech Republic.
§ 77
The duration of the rights of the producer of a phonogram
Right of the producer of a phonogram lasts 50 years from fixation of the sound
record. However, if the sound recording during this period
issued, entitlement to manufacturer for 70 years from such issue. In the absence of
during the period under the first sentence to the authorized Edition of the works and if it was during the
This time, the audio recording lawfully communicated to the public, referred to
the right to the end of 70 years after the date of this communication.
§ 77a
If the withdrawal from the contract pursuant to § 72a, right audio manufacturer
record to a sound recording expires.
§ 78
The use of title I
The provisions of § 2 (2). 3, § 4, paragraph 6, § 9 para. 2 to 4, § 12 para. 2 and 3, §
13 to 16, 18 to 23, § 25, § 25a, § 27 para. 8, § 27, § 27b, section 28
paragraph. 1, § 29, § 30 paragraph 2. 1, 2, 5 and 6, § 30b, section 31, paragraph 34 (a). a) to
(c)), § 35, § 37-38a, 38 c, § § 38e, 38 (f), section 40 to 44 and § 62 para. 2
applies mutatis mutandis to the producer of a phonogram and the record.
Part 3
The right to the manufacturer of the sound image to his initial record
§ 79
Audio-visual recording and its manufacturer
(1) the audio-visual recording is a recording of an audiovisual work or record
other series recorded, related images of
the impression of movement, whether or not accompanied by sound, vnímatelných
vision, and if they are accompanied by the sound, vnímatelných and hearing.
(2) the manufacturer of the sound image is a natural or legal person,
that the responsibility for the first time takes a sound or video recording,
for you from its initiative will make the other person.
§ 80
The content of the rights of the manufacturer of the sound image
(1) the manufacturer of the sound image has the exclusive property right
audio-visual recording to take and give another permission to contract
exercise of this right; another may sound video recording taken without granting
such permission only in cases provided for by law.
(2) the right to enjoy the audio-visual recording is
and the reproduction right) sound image,
(b) the right of distribution) of the original or copies of sound image
the record,
(c)) rental right original or copies of sound image
the record,
d) lending right original or copies of sound image
the record,
e) right of broadcasting and other communication of sound image
to the public.
(3) the manufacturer of the sound image has the right to remuneration in respect of
his record with the reproduction for personal use, mutatis mutandis, in accordance with § 25.
(4) the right of the manufacturer of the sound image is transferable.
§ 81
The duration of the manufacturer of the sound image
The right to the manufacturer of the sound image lasts 50 years from fixation
sound image. However, if at this time the audio-visual
published record, the right of the producer to 50 years from such
publication.
§ 82
The use of title I
The provisions of § 2 (2). 3, § 4, paragraph 6, § 9 para. 2 to 4, § 12 para. 2 and 3, §
13 to 16, 18 to 23, § 25, § 25a, § 27 para. 8, § 27, § 27b, section 28
paragraph. 1, § 29, § 30 paragraph 2. 1, 2, 5 and 6, § 30b, section 31, paragraph 34 (a). a) to
(c)), section 35, section 38a, § 37 to 38 c, 38e, 38f, § § 40 to 44 and § 62 para. 2
applies mutatis mutandis to the manufacturer of the sound image and its record.
PART 4
The right to radio and television broadcaster to broadcast
section 83
Broadcasting and the sender
(1) Broadcasting means the result of the dissemination of sounds or images and sounds or of
their observations of the radio or television for the reception by the public.
(2) the Sender is a natural or legal person who, for his
responsibility of the broadcast takes place sounds or images and sounds or of their
observations of the radio or tv, or for which, on the initiative of its
make the other person.
§ 84
The content of the broadcaster's rights
(1) the Sender has the exclusive right to enjoy your broadcast assets and grant
another Treaty permission to exercise of this right; another can broadcast
taken without the granting of such permission only in the cases provided for in this
by law.
(2) the right to enjoy the broadcast is
and the) right to record the broadcast,
(b)) the recorded broadcast reproduction right,
(c)) the right of distribution of copies of the recorded broadcast,
(d)) the right of communication to the public of the broadcast.
(3) the right of a broadcaster under paragraph 1 shall be transferable.
§ 85
The duration of the rights of the broadcaster
The right broadcaster takes 50 years after the first broadcast.
§ 86
The use of title I
The provisions of § 2 (2). 3, § 4, paragraph 6, § 9 para. 2 to 4, § 12 para. 2 and 3, §
13 to 16, 18 to 23, § 25, § 27 para. 8, § 27, § 27b, § 28 para. 1, §
29, § 30 paragraph 2. 1, 2, 5 and 6, § 30b, section 31, paragraph 34 (a). a) to (c)), section 35
paragraph. 1, 2 and 4, § 37 para. 1 and 4, § 38 paragraph 1(a). 1 (b). and), § § 38a, 38 c,
section 38e, 38f, § § 40 to 44 and § 62 para. 2 applies mutatis mutandis to broadcaster
and its broadcast.
Part 5
The right of the Publisher
§ 87
Publisher has the right to remuneration in connection with the making of a copy of a
for personal use of a work issued by him. This right lasts for 50 years from the release of
works. The provisions of § 27 para. 8 shall apply mutatis mutandis.
TITLE III
THE SPECIAL RIGHT OF THE MAKER OF THE DATABASE
§ 88
Definition of the concept of
Databases for the purposes of this Act, file of independent works, data or
other elements systematically or methodically arranged and individually
accessible by electronic or other means, regardless of the form of
their expression.
section 88a
(1) the special rights to the database (section 90) it is for the maker of a database,
If the obtaining, verification or presentation of the contents of the database is the
qualitatively or quantitatively a substantial investment, regardless of whether the
the database or its contents are subject to copyright or other
the protection.
(2) each new qualitatively or quantitatively a substantial investment in
the database of the tween, shortening or other editing is considered
effect of a new term of rights under section 93.
§ 89
The maker of the database
Maker of a database is a natural or legal person who, for his
responsibility takes a database, or for which you so its premises shall take the
the other person.
§ 90
The contents of the special rights of the maker of the database
(1) the maker of a database has a right to the extraction or re-utilization
the entire content of the database or its qualitatively or quantitatively
a substantial part of and right to grant different permissions to the exercise of this right.
(2) the Extraction under paragraph 1, shall mean the permanent or temporary transcript
the entire content of the database or a substantial part thereof to another medium, and it
by any means or in any manner.
(3) Generated under paragraph 1 shall mean any method
disclosure of the entire content of the database or a substantial
part of the distribution of copies, by renting, by on-line or other
modes of transmission.
(4) the lending of the original or copies (§ 16) database is not
extraction or re-utilization under paragraph 2 referred to in paragraph 3.
(5) the repeated and systematic extraction or re-utilization of insubstantial
parts of the database content and other conduct that is not common, proportionate and
to prejudice the legitimate interests of the maker of the database, is not allowed.
(6) the right of the maker of the database shall be transferable.
§ 91
The limitations of the special rights of the maker of the database
To the right of the maker of a database which is made available to any
way to the public, does not infringe the legitimate user who consumed or
by harnessing qualitatively or quantitatively insubstantial parts of the contents
of the database or of part thereof, for any purpose, provided that the
This user database is used commonly and appropriately, rather than systematic or
repeatedly, and without prejudice to the legitimate interests of the maker of the database, and that
does not harm the author nor holders of related rights
the copyright of the works or other subject-matter contained in the database.
§ 92
Free legal licence
To the right of the maker of the database also disclosed it does not interfere
the trustee, who puts a substantial part or mine
content of the database
and) for their personal use; the provisions of § 30 paragraph 2. 3 remains intact,
(b)) for the purposes of scientific or teaching, if the source is in the range
non-commercial purpose pursued by the reasoned and
(c)) for the purposes of public security or an administrative or judicial procedure.
§ 93
The duration of the special rights of the maker of the database
The special right of the maker of the database takes about 15 years from the acquisition database.
However, if the database is made available at this time, the special right
the maker of the database for 15 years from the first such disclosure.
§ 94
The use of title I
(1) the provisions of § 4, § 6, § 9 para. 2 to 4, § 12 para. 2, § 13 to 15, §
18 paragraph 1. 2 and 4, § 27 para. 8, § 27, § 27b, § 28 para. 1, § 29, section 30
paragraph. 1 and 3, § 40 to 44 shall apply mutatis mutandis for the maker of the database.
(2) the provisions of paragraph 3 (b). and) shall apply mutatis mutandis for the maker of the
the database, which is included in the legislation.
TITLE IV
COLLECTIVE RIGHTS MANAGEMENT
§ 95
(1) the purpose of the collective administration of rights under this Act (hereinafter referred to as
"collective administration") is a collective application and collective protection
property rights copyright and property rights related to the law of the
Copyright and to enable disclosure of the subjects of these rights to the public.
(2) Collective Administration representing a larger number of people to whom it belongs
and copyright) equity or proprietary rights related to the law of the
Copyright,
(b)) by law authorized to exercise property rights to the work (section 58), or
(c)) from the Treaty exclusive permission to exercise the rights of collectively managed
for the entire duration of the economic rights, and at least for the territory of the United
States with the right to grant a sublicense
(hereinafter referred to as "rights holders") to their mutual benefit, and that when
the performance of their property rights to published or to be published
offered in the works, artistic performances, audio and visual image
records (hereinafter referred to as "subject matter"), if other than the collective power
These rights is illegal (§ 96) or ineffective; for the subject of the protection of the
the publication of such an object is considered to be offered by the protection that the holder
shall notify the competent collective rights managers for the purpose of
the inclusion of such subject-matter in the register of protected subject matter.
(3) the conclusion of Mediation or other contract is not performance
collective management. Performance management also is not casual or
short term representation other than compulsory collectively managed rights.
§ 96
Mandatory rights collectively managed
(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 broadcasts (article 72, paragraph 1),
2. use of a phonogram, issued for commercial purposes, sending
radio or television or radio or television transmission
broadcasts (article 76 (3)),
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 [§ 25 (1)
(a). (b)), § 28 para. 2, § 71 para. 3, § 76 para. 4 and § 80 para. 3],
4. the making of a copy of a work for personal use by natural persons or
for your own internal use of a legal entity or entrepreneurial natural
the person using the device to print copies on paper making
or similar basis, even through a third party [section 25 (1)
(a). and), section 28 para. 2, § 87],
5. resale of the original work of art (section 24),
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 cable retransmission of works, live performances and performances
recorded on an audio or audio-visual recording with the exception of
such performances, the audio recording was released for commercial purposes
[paragraph 1 letter a)], and on the right to the use of the cable transmission of sound
recordings and audio recordings other than published for commercial
purposes [section 2 letter a)]; and with the exception of cases, when the right to
cable retransmission 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 the license agreement concluded with the rightholder,
(d)) the right to an annual supplementary remuneration referred to in § 71 para. 4.
(2) holders of rights are for the exercise of the rights referred to in paragraph 1, as well as for
pursuing a claim for damages and for the issue of unjust enrichment
from the unauthorized exercise of rights represented thus collectively managed
by law the competent collective administrator.
(3) the competent collecting society shall take into account in the allocation and payment of
remuneration or income from unjust enrichment, which issued in
the performance of mandatory collective management, only to such right holders,
whose rights to the same subject matter, or to the same kinds of works
collectively manages on the basis of the Treaty, or who is behind this
to log on to register; the matter has not yet
unpublished. In the allocation and payment of the remuneration in accordance with § 25 of the selected
paragraph. 3 (b). and) and c) the competent collecting society the use of
and the effectiveness of the technical means of protection, pursuant to section 43.
(4) a person to whom a permission to retransmit according to specific
legislation, ^ 5) is obliged to inform the competent collective
the administrator within 15 days from the date of such permission.
§ 97
The collective administrator
(1) the collective administrator is the one who has obtained permission for the performance of
collective management.
(2) the collective administrator may be only irreproachable legal person in the
directly or through a third party group together or participating in
right-holders, collective management which represents. For integrity, the
for the purposes of this Act, shall not be considered a legal person that has been
convicted for an intentional criminal offence related to the activities of the collective
the administrator or the activities of a similar nature, if it does not look as if the
has not been convicted.
(3) the collective administration is exercised consistently, on their own behalf and on
its own responsibility. Collective management is not a business.
(4) the collective administration carries out the collective administrator as the main subject
activity.
(5) the collective administrator may delegate the representation in the exercise of his
collectively managed the rights of another person only if, in the case of
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,
(b)) of the domestic collecting society, which is also entitled to exercise
collective management, monitors the effective exercise of collective management.
(6) the contract referred to in paragraph 5 requires for its validity in writing.
(7) the person in charge referred to in paragraph 5 is in acting on their own behalf and
on account of collective administrator who commissioned it; This does not affect
such a collective obligation to convert revenue earned Manager
the principal bearers of rights.
(8) the agreement on the Association of holders of rights in the person of collective administrator or
the agreement referred to in paragraph 5 shall not be considered as breaking the economic agreement
competition under the specific legislation.
§ 98
Permission for the performance of collective management
(1) permission for the performance of collective management (hereinafter referred to as
"permission") the Ministry shall decide on the basis of a written application.
(2) the request shall contain the
and) name, address, identification number of the person, if any, and
the designation of the statutory authority of the applicant, name, surname and permanent residence
the person who is the statutory body, or persons who are its members,
and how to act on behalf of the applicant; If a statutory body
This means the applicant legal person is a member of the statutory body
the applicant is a natural person, that the name of the legal person member function
the statutory body of the applicant carries on,
(b)) the definition of rights, to be collectively managed,
(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 request under paragraph 2, the applicant must enclose a
and a document certifying the fact based) paragraph 2 (b). and) and under section
paragraph 97. 2,
(b) the draft agreement with the example) rights holders when representing in the performance
collective management,
(c) rozúčtovacího IHR) a method of distribution and rules
for the payment of compensation, excluding the arbitrary selected to their
distribution and taking into account the application of the principle of support for cultural
major works and performances
(d)) list of the names of holders of rights who have expressed interest in the collective
the management of their rights to the applicant, indicating their place of permanent residence
or, in the case of foreigners, their place of residence, nationality, their
published by the subject-matter to the extent corresponding to the purpose of the proceedings and the
the signatures of these rights holders,
(e) a list of the names of the members of the applicant) who are holders of the rights which have
be collectively administered, indicating their place of permanent residence
or, in the case of foreigners, their place of residence, nationality, their
published by the subject-matter to the extent corresponding to the purpose of the proceedings and the
the signatures of these rights holders,
(f) an estimate of the expected rate of return) collectively administered rights and an estimate of the
the cost of the performance of collective management,
(g) the amount of the reward for) the proposal of individual use subject-matter,
h) in the case that does not have a registered office in the territory of the Czech Republic, extract from the register
Criminal record or an equivalent document issued by a competent authority
State in which it has its registered office.
(4) a participant in the procedure for granting permission is the one who asks you for permission.
(5) the application for authorisation, the Ministry shall decide within 90 days of
date of the request. If, due to the nature of things to decide in this
the time limit may be extended, mutatis mutandis, Minister. About this extension
the Ministry without undue delay, notify the Subscriber. Ministry in
the procedure for granting permission shall take into account, in particular, whether the
assume that the applicant is eligible for the proper and efficient performance of
collective management.
(6) the Ministry grants permission to the applicant,
and whose application for grant) permission complies with the conditions referred to in paragraphs
2 and 3,
(b)) that is requesting permission to represent in the exercise of such rights, when
the collective performance is desirable,
(c) the performance of the same) If, for the rights in relation to the same subject-matter, and
When it comes to work, for the exercise of the same rights to the same type of work, does not have the
permission already by another person, and
(d)) that meets the prerequisites for ensuring the proper exercise of the collective
Administration.
(7) the Ministry may grant permission for the collection of remuneration for all
the authors or rights holders for all related to copyright
under section 25 and section 37 paragraph 2. 2 only one applicant; in this case,
another collective administrator permissions only includes distribution as follows
selected rewards to authors or holders of related rights
Copyright by the principal.
(8) an ordering part of the decision, which has been granted permission, along with
an indication of the date of the legal force of the decision, the Ministry of
publish the manner allowing remote access, without delay, at the latest,
However, within 30 days from the date of acquisition of legal power.
(9) the decision to grant permission shall be governed by the General provisions on the
administrative proceedings, ^ 6) unless this Act provides otherwise.
(10) in order to demonstrate the integrity of the legal entity's Ministry of
requests under special legislation ^ 12) extract from the register
Criminal records. An application for a statement of convictions, and
an extract from the criminal register shall be communicated in electronic form, and
This way allowing remote access.
§ 99
Withdrawal of the
(1) the Ministry permission to be withdrawn if
and additionally found that) at the time of the granting of permission by the applicant were not
the fulfilment of the preconditions for granting permission, or after the
permissions, and if there is no remedy set out in Ministry of
reasonable period of time, or if you cannot remedy that can be remedied,
(b)) a collective Manager of the latter.
(2) the Ministry may revoke the permission if the collective administrator
violates the obligations imposed on him by law and fails to remedy in the
the Ministry set a reasonable time limit.
(3) a party to proceedings is a collecting society, which is to be in control
permission withdrawn.
(4) the Permission odnímané referred to in paragraph 1 (b). and the date of) termination
the decision of the judicial authority, unless otherwise specified in the decision day
later; between the date of the decision and the date of termination of the Agency referred to in
the decision must not elapse longer than 6 months. Permissions odnímané
referred to in paragraph 1 (b). b) ceases on the last day of the calendar year in
which it shall expire 6 months from the date of receipt of such a request to the Ministry.
(5) the provisions of § 98 para. 5 the first sentence shall apply mutatis mutandis to third and
the provisions of § 98 para. 8 and 9 shall apply mutatis mutandis.
§ 100
Relationship to the principal administrator of the collective holders of rights and to
users of protected subject matter
(1) a collecting society shall with due care, professionally, and in
range permission
and to represent each of the rightholder) in the exercise of his rights, which of the
act collectively manages,
(b)) to take under normal conditions, when representation of each of the rightholder
exercise his right, if he so requests and proves that there is a competent
use of subject-matter, and if not for the exercise of the same rights in relation to the
to the same subject-matter, and when it comes to work, for the exercise of the same rights to
the same type of work, no longer being represented by a foreign person pursuant to the provisions of §
paragraph 97. 5 (b). and)
(c)) represent each of the rightholder in the exercise of its rights in the range with
It agreed,
(d)) represent rights holders on equal terms,
e) to keep a register of holders of rights contractually represented, and index
of rightholders enrolled for the register; the register may only contain
the data which are necessary for the performance of collective management,
(f)) to keep a register of objects of protection and register orphaned objects
the protection to which collectively manages rights, if these items
known; the registers must contain only data that are necessary for the
the performance of collective management,
(g)) to tell a person who requests in writing that represents rights holders to
a particular subject-matter for the exercise of certain rights, and the issue about how to
the request and expense of the applicant a written acknowledgement,
h) conclude with users of protected subject matter or persons authorized
defend the interests of associated users in them or the persons authorized
represent the interests of the users by a special legal regulation ^ 6a),
who are the subjects of protection by the same or a similar way, or with the
persons required to pay remuneration under this Act, on reasonable and
equal conditions of the contract, which is for users
1. provides permission to exercise of the right to enjoy the subject matter for which
such right to collectively manage
2. determines the amount and method of payment of the remuneration referred to in § 96 para. 1 (b). and)
points 1 and 2 (a). (b)) and monitors their implementation,
3. the amount and method of payment of the remuneration pursuant to section 19 para. 1 and 2,
on the basis of the number of persons to whom the work is communicated,
4. determines the method of paying fees set by this Act,
I) to seek in its own name on behalf of represented rightholders
a claim for damages, a claim for unjust enrichment of
the unauthorized performance collectively managed rights and the right to delay
wrongful exercise of rights-managed collectively, unless the
holder of rights, if authorized, such claim seeks itself or
It's wasteful,
j) collect in accordance with the law and the treaties referred to in subparagraph (h))
right holders remuneration and any income derived from unjust enrichment,
distribute and disburse rozúčtovacím is in accordance with the regulations; rates of remuneration
prescribed by the regulations and the rewards for individual use are
always listed without value added tax,
to keep records of selected rewards) and income from the issued unjust
enrichment and allow rights-holders check the correctness of above him
remuneration or any income of unjust enrichment,
l) to create a reserve fund from selected rewards and any revenue from
unjust enrichment,
m) prepare the annual financial statements, to authenticate it to the auditor and
to submit it, including the auditor's report to the Ministry without undue
delay after its verification and approval of the highest authority of the collective
Administrator,
n) make up to 30. June of each year an annual report on the activities and
Management (hereinafter referred to as the "annual report") for the previous calendar year,
with or without the annual financial statements and the auditor's report; annual report
must contain a full and fair description of all the facts and
must be given access to it represented rightholders,
about) to publish the annual financial statements, including the auditor's report without
undue delay from its original in the commercial bulletin,
p) to inform the Department of any change in the particulars specified in
application for authorisation pursuant to § 98 para. 2 (a). and) including changes in
the person who is the statutory body or a member of a collecting society
such a body, and these changes demonstrate, without delay, at the latest,
However, within 15 days of such change,
provide a copy of the Ministry)
1. changes in the documents accompanying the application for the granting of permission under section
paragraph 98. 3 (b). a) to (c)) within 15 days of such change,
2. a collective agreement concluded the collective administrator within 15 days of the date on
the Ministry asks,
3. the contract pursuant to § 97 para. 5 closed collective by the administrator within 15 days
from the day when the Ministry asks for it,
4. the decision of the Court or other competent authority, if the collective
Administrator of the party to the proceedings, within 15 days from the date of the Ministry of
asks,
with an appropriate way permitting) to publish and remote access for
the different ways to use the subject of protection of the design of remuneration or the method
their destination,
t) to inform the Ministry about the decisions of the courts or other competent
authorities in proceedings to which it is a party and which collecting society has
essential for its activity.
(2) a collecting society representing rights holders in their own name and on its
account. The collective administrator carries out collective management of nevýdělečně.
However, the administrator is entitled to collective requesting a refund effectively
the costs incurred.
(3) users of protected subject matter, as well as the person liable for payment.
special rewards are required to allow the proper exercise of collecting
collective management and without serious reasons for granting neodmítnout
the provision of information required for this purpose. Collecting society may not
information identified during control activities to use for purposes other than to
the performance of collective management. Collecting society is entitled to check
the proper and timely performance of the contracts concluded by him in the exercise of the collective
the Administration; users of protected subject matter, as well as the person liable for payment.
special rewards or other participants of such contracts are required to
collective administrators allow this activity.
(4) the operator of an establishment or another space, which will provide
establishment or other premises for the operation of nedivadelně operated by
musical work with the text or no text or artistic performance (hereinafter referred to as
"public musical production") is required to provide the competent
collecting the information and the assistance needed for identification
the operator of a public musical production.
(5) the supplier live public musical production is required to submit
the operators of the public production production live program, stating the names of the
authors and titles of works, which are to be operated, and no later than 20 days
before the production. The operator of a public live music production is
must this program production with an indication of the authors ' names and names of works,
to be served, notify the competent collective administrators, and
no later than 10 days before the production, if it is not in the contract between
the operator and the collective administrator, unless otherwise agreed.
(6) the conclusion of contracts referred to in paragraph 1 (b). h) taking into account in particular
to
and) whether to use object occurs when business performance or
other economic activities
b) direct or indirect economic or commercial advantage, which
the user gets from the use or in connection with the use of subject-matter,
including the frequency of the use of the accommodation for the purpose of obtaining such
benefit, in which experiencing the use of subject-matter,
(c) the nature and the specificities of the space), or region, in which experiencing
use of subject-matter,
(d)), the way the scope of the purpose and circumstances of the use of the subject-matter.
(7) a collecting society shall be obliged to you when you process the design fees
or a proposal for how they determine to request the opinion of the legal persons
associating appropriate user, subject-matter, provided such
the collective administrator for this purpose come forward and showed that
they incorporate more than a negligible number of users.
section 100a
(1) collecting society, or it represented a rightholder cannot
to apply for an injunction claim [section 40 (1) (b))], or
damages or for the issue of unjust enrichment in accordance with a special
modifications to this Act (section 40 (4)) of unauthorized interference with the
collectively, rights-managed or threats to such right, if the
the user or a person authorized to defend the interests of associated users in it
properly and without undue delay with relevant collective leads by the administrator in
connection with such interference or threats to law negotiations seeking to
the conclusion of the contract required by this Act, or if they agree on this
connection with the use of the provider under this Act (section 102),
or if at least one of the relevant collecting societies to deliver
a written request for the credentials of the common representative pursuant to § 101 paragraph. 11, and
for this shortcut.
(2) the provisions of paragraph 1 is without prejudice to a claim to unjust
enrichment of the usual remuneration under special laws
legislation. ^ 6b)
(3) the application of the zdržovacího claim Obstacle referred to in paragraph 1 arise or
apply where the non-application of zdržovacího of the claim would be contrary to the
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 by
special legislation. ^ 6b)
§ 101
Collective and collective agreement
(1) collecting society provides contracts in accordance with § 100 para. 1 (b). (h))
point 1 of the permission to exercise of the right to take items the specified protection either
individually or in bulk, which includes all the subjects of protection, to
which collectively manages such a right. If the collective administrator
provide permission to exercise of the right to summarily designated subject matter
(for the purposes of this Act, "blanket agreement") and if they are for the distribution of
Select the required data users about the rewards the use of specific subjects
protection is a collective manager shall be entitled to such information from the user
request. Mail the contract must be in writing. The provisions of the
the previous sentence shall apply mutatis mutandis to the contract pursuant to § 100 para. 1
(a). h) points 2 to 4.
(2) a collecting society shall not subject-matter users store
the restrictions, which go beyond the protection provided by this Act.
(3) the obligation provided for in § 100 para. 1 (b). h) collective administrator does not have,
If the contract is in conflict with the legitimate common interests
the holders of rights, or in the case of the proposal on the conclusion of the contract, which is to be
granted permissions that are applied to the subject of the protection of individually
the designated, if the contract is contrary to the legitimate interests of the
the rightholder to such subject-matter.
(4) the obligation to enter into pursuant to § 100 para. 1 (b). h) contract with the legal
the person associating users (for the purposes of this Act, a "collective
Agreement ") the collective administrator does not have, even if it cannot be if closure
such agreement reasonably required for a negligible number of users
that such a person associates.
(5) a collective agreement must be in writing and the individual
Joint users of her rights and obligations arise against the collective
Administrators directly; This does not affect the collective administrator acting on behalf
the holders of the rights.
(6) the collecting society is entitled to the user who is against him in
delay in payment of the remuneration and the remuneration does not pay or in the additional
30-day period for this purpose, collective management, Manager
temporarily, for a period of delay, disable the use of the subject-matter to which the
a user otherwise from a contract concluded with the collective administrator
authorized.
(7) granting authorisation to a prohibition under section 72
paragraph. 4 and § 76 para. 3 with the fact that it can be applied both for the individual,
and for all of the artistic performances and sound recordings, including the rights
collectively manages.
(8) a collecting society is entitled to provide the user with permission to
exercise of the right to enjoy the subject matter only as non-exclusive.
(9) where a public contract referred to in paragraph 1, the competent
the collective Administrator license
and to engage in artistic performance) of an audio recording issued by the
commercial purposes, or for the operation of such phonograms,
(b)) to the nedivadelnímu operation of musical works with or without text from text
an audio recording issued for commercial purposes,
(c)) to radio or tv broadcasting of a certain type of works
(d)) to operate a radio or television broadcast of a certain type
works, artistic performances, sound recordings or audio-visual
records,
e) to rent the original or copies of the work, with the exception of computer
program or lending a work or performer's performance
recorded to an audio or audio-visual recording and to lending
such records,
(f)) for making a work, including the making of copies of the
published works, library ^ 6a) individuals from the public on
request pursuant to § 18 para. 2 for the purposes of research and private study; This
the provisions shall not apply to computer programs, audio and sound
image recordings, released by the music works of music or music
the drama and the works that are the subject of license agreements, or
If it has been disabled by the rightholder,
g) to a live nedivadelnímu the operation of the work, if the operation of the works
does not point to achieve a direct or indirect financial or
the business benefit,
the licenses granted in this way, not only in relation to the
subject matter, and if it works, the relevant types of the works of the holders of
the rights contractually represented, but also to all others who then
considered to be legally represented. It does not apply to audiovisual works
or as audio-visual material, the work applied with regard to the licence referred to in subparagraph (c)), and
(e)), or for such a contract nezastupovaného of the rightholder, to
users and administrators of the competent collective effects of bulk contracts
for the specific case and in all cases excluded; However, it cannot
to exclude the effects of the mail contract in the case of a licence referred to in subparagraph (d)).
(10) the competent collecting society shall take into account in the allocation and payment of
the rewards that picked based on the bulk of the contract referred to in paragraph 9 for
contracted by the unrepresented rightholder to such of them, who are with him
for this purpose, log in to register. Is obliged to invite you to register,
for that reward and who are renowned for.
(11) in the case where the user objects of protection contracts whose
subject to the grant of permission to the exercise of the right to enjoy protection items,
to which such a right to collectively manage at least two collecting societies,
is such a user of any of them shall be entitled to request in writing that
relevant collecting societies have mandated the closure of a single contract
the common representative pursuant to § 97 para. 5; collecting society, which has been
application for credentials, the common representative served on this request
shall immediately inform all the relevant collecting society. The provisions of the
the first sentence shall apply mutatis mutandis in the case of the conclusion of collective agreements
referred to in paragraph 4 and in the case of enforcement of a claim for damages or
the issue of unjust enrichment if it was not such a claim if an action already
filed in court. For the credentials of a common representative of collecting societies
According to this provision, it monitors the effective performance
collective management.
(12) a collecting society, which was, according to § 98 para. 7 granted
permissions to the collection of remuneration for all authors must provide the
another collecting rewards for distribution to authors whose rights
the other collecting society manages.
§ 102
Providers of collective and collective agreements
(1) in order to facilitate the negotiation of collective agreements, or contracts
bulk [§ 100 para. 1 (b), (h))], the parties may take advantage of the one
or more providers, appointed for this purpose by the Ministry of
independent experts. By the provider for the purposes of this Act may
be fully enjoys the physical person who agrees with the performance of this
activity. The list of providers is available to the public; leads him
Ministry of taking into account the proposals of the collecting societies and users,
button is clicked. their associations.
(2) unless otherwise agreed by the Contracting Parties on the provider within 30 days of
submission of the proposal by any party to the negotiation of the Treaty according to the
paragraph 1 by the provider, the provider shall determine the Ministry to
14 days from submission of the application.
(3) the application is submitted to the provider any Contracting Party
in writing. In the request shall indicate the status of the negotiations and attaches its proposal and
the opinion of the other party. The Contracting Parties are obliged to take
to provide the necessary assistance in the mediation.
(4) Providers are required to assist in the conduct of the
party, or even submit your own proposals to the parties within 30 days of
submission of the application.
(5) except where none of the parties within 30 days from the submission of the proposal
referred to in paragraph 1 the opposition to this proposal, it is considered
that the parties have adopted it.
(6) the intermediary is entitled to remuneration, agreed between the Contracting
the parties, and to compensation for necessarily incurred costs. Unless the
the Contracting Parties by the provider to pay for its operations in the
the negotiation of collective agreements, the bulk or reward
provider twice the minimum wage valid for employees
odměňovaného monthly wage. ^ 7) Reward provider and cost
associated with its activities is borne equally by the parties.
§ 103
The supervision of the Ministry of
(1) the Ministry exercises supervision over the collective rights managers
entitled to the exercise of collective management under this Act.
(2) the Ministry is in the exercise of supervision pursuant to paragraph 1 shall be entitled to
and request) under special legislation ^ 12) extract from the register
The criminal record of the collective administrator; an application for a statement of
criminal records and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access,
b) store if defects are found in compliance with this law, the obligation to
the remedy, set to meet a reasonable deadline, and to impose fines.
(3) if the Administrator fails to comply with the collective obligation to remedy the stored in the
the prescribed time limit, the Ministry to meet the obligations of the
Save the coercive fine up to $ 100 000, even repeatedly. The sum of the
the following enforcement of fines imposed shall not exceed 500 000 CZK.
(4) if the Ministry of breach of the obligations of collective administrator,
that for him under this Act, it may impose a collective
the administrators of a fine up to Czk 500 000. A fine may be imposed and
repeatedly. A fine may be imposed no later than one year from the date on which the
the Ministry finds that there has been a breach of the duty. In determining the amount
the fine, the Ministry shall take account of the seriousness of the breach of the obligation and the
caused by the effect.
(5) the Fines collected and enforced by the Ministry and are receiving State Fund
culture of the Czech Republic.
(6) the imposition of the obligation to redress and penalties under this Act is not
without prejudice to the liability under other legislation.
(7) the supervision of the Ministry of supervision is not affected to the Office for the protection of
of competition under a special legal regulation ^ 8).
§ 104
Rules for the distribution of the rewards of selected collective administrator
(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 equally,
(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, and 40%
performers and producers of sound recordings (including 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 it is a
the remuneration referred to in paragraph 1, and of rewards selected pursuant to § 25 para. 3 (b).
(b)) (a). 4 it is for 60% of the authors (of which 45% to the authors of literary works
including works of scientific and cartographic works and 15% to the authors of works
of fine arts) and 40% of the publishers issued by 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.
TITLE V OF THE
THE ACCUMULATION OF PROTECTION
§ 105
Copyright shall not prejudice the rights related to copyright or
the law of the maker of the database to it taken by the database. Protection of works under
Copyright does not preclude the protection provided for by a specific legislative
regulations.
TITLE VI OF THE
ADMINISTRATIVE OFFENCES
section 105a
Misdemeanors
(1) a natural person has committed the offence by
and wrongly used) authorship, performance art, audio or sound
video recording, radio or television broadcast or database
b) unlawfully interferes with the copyright in the manner specified in § 43
paragraph. 1 or 2 or in article 44 paragraph 1. 1, or
(c)) as a merchant participating in the sale of an original work of art,
fails to fulfil the obligation of notification according to § 24 para. 6.
(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to a) 150 000
CZK, for the offense referred to in paragraph 1 (b). (b) a fine of up to 100 000) and for
the offense referred to in paragraph 1 (b). (c)) to a fine of $ 50,000.
sec. 105b
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and wrongly used) authorship, performance art, audio or sound
video recording, radio or television broadcast or database
b) unlawfully interferes with the copyright in the manner specified in § 43
paragraph. 1 or 2 or in article 44 paragraph 1. 1, or
(c)) as a merchant participating in the sale of an original work of art,
fails to fulfil the obligation of notification according to § 24 para. 6.
(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty to 150
USD, for the administrative offence referred to in paragraph 1 (b). (b) a fine of up to 100 000)
The administrative offence referred to in paragraph 1 (b). (c) a fine of up to 50 000).
section 105 c
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine to take account of the seriousness of the administrative
offense, in particular, the way a criminal offence and its consequences and to
circumstances in which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under this Act delegated scope
dealt with in the first instance by the local authority of the municipality with extended competence, in
whose territorial jurisdiction was an administrative offence has been committed.
(5) The liability for the acts, which took place in the business
person ^ 8a) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the Fines collected and enforced by the authority that is saved. Income from fines is
budget, income from which is covered by the activities of the authority, that the fine
saved by.
TITLE VII
TRANSITIONAL AND FINAL PROVISIONS
Section 106
Transitional provisions
(1) this Act governs legal relations arising from the day of acquisition
its effectiveness. Legal relationships arising before the date of entry into force of
This law and the rights and obligations arising from them, as well as the rights of the
liability for breach of contracts concluded before the date of entry into force of
This Act shall be governed by existing regulations.
(2) according to the existing legislation shall be assessed in all periods, which began
run before the date of entry into force of this law, as well as the time limits for
the application of the law which are referred to in paragraph 1 be governed by existing regulations, as well as
When they begin to run after the entry into force of this Act.
(3) the duration of the economic rights shall be governed by this law even if
She started to run before its entry into force. If you already have the duration
These rights before the entry into force of this Act has elapsed and according to
This Act would have lasted, on the date of entry into force of this Act shall be
Restores for the remainder. Copies of the subject-matter to which the
the duration of the economic rights, restores, legitimately acquired before the acquisition
the effectiveness of this law, however, you can freely expand even 2 years after
the acquisition of its effectiveness.
(4) under this Act are protected by and subject matter that were not
According to present regulations protected [§ 1 (b)) points 3, 5 and 6 and § 2
paragraph. 2] or whose content was different than the protection under this Act.
The Czech manufacturer sound image audiovisual work
published in the period from 1. 1.1950 to 31. 12.1964 is considered to be the national
film archive. ^ 9) for the manufacturer of the sound image
audiovisual works published at the time by 1. 1.1965 to 31. 12.1991,
to which under special legislation ^ 10) exercises the rights of the copyright
State Fund of cinematography, is considered to be the Fund.
(5) the provisions of paragraph 4 shall not affect the right of management of the national
film archive to the original medium recording audiovisual work.
(6) the provisions of paragraph 4, first sentence, shall apply mutatis mutandis, with regard to the
in accordance with § 88 database, but only if they have been made earlier than 15 years ago
the effectiveness of this Act.
(7) the performance of bulk management permissions granted under the existing
the regulations shall be construed as collective rights management permissions according to the
of this Act. The content and scope of those privileges shall be the Ministry of the
accordance with this law and shall issue the relevant persons within 90 days from the effective date
the effectiveness of this law, the new permissions.
(8) administrative proceedings commenced before the effective date of this Act terminates
under this Act.
§ 107
The provisions of the final
(1) the provisions of this law shall apply to works of authors and art
performances of performing artists, who are citizens of the United States, whether
were created or published anywhere.
(2) on the works and artistic performances of foreign nationals and stateless persons
nationality is subject to the provisions of this act according to the
international treaties by which the Czech Republic is bound and which were
promulgated in the collection of laws of the Czech Republic, and if not, if the
guaranteed reciprocity.
(3) If none of the conditions referred to in paragraph 2, subject to the
This law to works of authors and performing artists who are not
nationals of the United States, if it was for the first time in the Czech Republic
published, or if the author or performer residence.
(4) the duration of the rights in the works of foreign nationals cannot be longer than
in the State of origin of the work. ^ 11)
(5) the provisions of this Act shall apply to the producers of sound recordings
of phonograms who are resident in the territory of the United States or
registered office; on sound recordings of foreign producers of phonograms is
apply for an appropriate application of the provisions of paragraphs 2 and 3.
(6) on the sound image recordings, radio and television broadcasting,
published works according to § 28 para. 2, works issued in Portugal
According to § 87 and the database under section 88, the provisions of paragraph 5 accordingly.
PART TWO
Amendment of the Act on the valuation of assets
section 108
Act No. 151/1997 Coll., on the valuation of assets and amending some laws
(law on the valuation of assets), is amended as follows:
1. In the title of § 17, after the word "knowledge" and the following shall be inserted after
the words "some property rights related to copyright and
the rights of the maker of the database ".
2. in section 17(2). 1, after the word "(know-how)" shall be inserted after the following
the words including footnotes. 17a) "property rights, which are
the content of the rights related to copyright, with the exception of rights
performers, and property rights of the maker of the database ^ 17a)
17A) Act No. 121/2000 Coll. on copyright, rights related
to copyright and on the amendment of certain laws (Copyright Act) ".".
3. in section 17(2). 3 (b). and at the end) after the words "paragraph (b))," added
the words "c) or (d))".
4. in section 17(2). 3 at the end of the dot is replaced by a comma and the following
subparagraph (c)), and (d)), which read as follows:
"(c)) shall be for the relevant rights related to copyright such
the number of years remaining until the termination of the fifty years of the duration of these
rights, in the event that you cannot find the number of years under (a)), and
(d)), the maker of the database on the rights of the number of years remaining until the
their 15-year duration of such rights, in the case that cannot be
determine the number of years under (a)). ".
5. In article 17, the following paragraph 5 is added:
"(5) property rights copyright and property rights of performers
as a non-transferable rights to Los Angeles. ".
PART THREE
cancelled
section 109
cancelled
PART FOUR
Changing the law on misdemeanors
§ 110
Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,
Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.
Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.
Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 289/1995 Coll.
Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.
and Act No. 29/2000 is amended as follows:
1. In § 32 para. 1, letter a) is added:
"and wrongly used) authorship, performance art, audio or sound
video recording, radio or television broadcast or database ".
2. In § 32 paragraph 2 reads as follows:
"(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 15 000
CZK. For the offense referred to in paragraph 1 (b). (b)), and (c)) can be fine up to 5
000. ".
PART FIVE
Amendment to the Trade Licensing Act
§ 111
In section 3, paragraph 3. 1 of Act No. 455/1991 Coll., on trades
(Trade Act), as amended by Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll. and act
No. 356/1999 Coll., subparagraph (b)), and (c)), including footnotes # 2) and 2a)
shall be added:
"(b)) of the results of mental creative activities, protected by special
laws, their originators or authors, ^ 2)
(c)) the performance of collective management of copyright and related rights
copyright under a special legal regulation, ^ 2a)
2) Act No. 527/1990 Coll., on inventions, industrial designs and
rationalization proposals, as amended by Act No. 519/1991 Coll.
Law No. 121/2000 Coll. on copyright, rights related to
Copyright and on amendments to certain laws (Copyright Act). Act No.
529/1991 Coll., on the protection of topographies of semiconductor elements, as
Act No. 116/2000 Coll., Act No. 478/1992 Coll. on utility models,
amended by Act No. 116/2000 Sb.
2A) Act No. 121/2000 Coll. ".
PART SIX
Amendment of the Act on income taxes
§ 112
In section 4, paragraph 4. 1 of Act No. 586/1992 Coll., on income taxes, as amended by
Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993 Coll.
Law No. 322/1993 Coll., Act No. 266/1994 Coll., Act No. 118/1995 Coll.
Act No. 152/1995 Coll., Act No. 314/1996 Coll., Act No. 209/1997 Coll.
Act No. 209/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998 Coll.,
Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999 Coll.
Act No. 144/1999 Coll., Act No. 222/1999 Coll., Constitutional Court
No 3/2000 Coll. and Act No. 101/2000 Coll., the zd) dot letter
be replaced by a comma and the following of the letter), including notes below
line no 64a) reads as follows:
"the revenue generated from) in the form of legal deposit, on the basis of the Special
^ law 64a) and in the form of copyright reproductions, in the number of
the usual, received in connection with the use of the subject matter of copyright or
rights related to copyright.
64A) Act No. 37/1995 Coll., on the non-periodic publications. Act No.
53/1959 Coll., on uniform system libraries, as amended by Act No. 425/1990
SB.
Law No. 121/2000 Coll. on copyright, rights related to
Copyright and on amendments to certain laws (Copyright Act) ".".
PART SEVEN
cancelled
§ 113
cancelled
PART EIGHT
Amendment of the Act on collective administration of copyrights and rights of copyright
relatives
section 114
In Act No. 237/1995 Coll., on collective administration of copyright and rights
Copyright family and amending and supplementing certain laws,
Part I is deleted.
PART NINE
cancelled
section 115
cancelled
PART TEN
Amendment of the Act on radio and television broadcasting
§ 116
In Act No. 468/1991 Coll., on radio and television
broadcasting, as amended by Act No. 597/1992 Coll., Act No. 36/1993 Coll.
Act No. 253/1994 Coll., Act No. 40/1995 Coll., Act No. 237/1995 Coll.
Act No. 301/1995 Coll., Act No. 135/1997 Coll. and Act No. 46/2000 Coll.
section 26 is repealed.
PART ELEVEN
REGULATION (EEC)
§ 117
Shall be deleted:
1. Act No. 35/1965 Coll., on literary, scientific and artistic
(the Copyright Act).
2. Law No. 89/1990 Coll. amending and supplementing Act No. 35/1965
Coll., on literary, scientific and artistic (Copyright Act).
3. Act No. 86/1996 Coll., amending and supplementing Act No. 35/1965
Coll., on literary, scientific and artistic (copyright law), in
amended by Act No. 89/1990 Coll., Act No. 468/1991 Coll., Act No. 320/1993
Coll. and Act No. 237/1995 Coll.
PART TWELVE
The EFFECTIVENESS of the
§ 118
This Act shall take effect on 1 January 2000. December 2000.
Klaus r.
Havel, v. r.
Zeman in r.
Annex 1
A schedule of fees resale of an original work of art, in
related to the reproduction of works for personal use and in connection with
lending works
1. the persons referred to in § 24 para. 6 are obliged to pay the reward when you
sale of original works of art on the territory of the Czech Republic to the competent
collective administrator who has been granted permission to exercise the collective
to the extent management involving the collection of compensation from these people. The remuneration shall be
and 4% of the part) of the purchase price up to EUR 50 000,
(b)) 3% of the portion of the purchase price above EUR 50 000 to EUR 200 000,
c) 1% of the portion of the purchase price over 200 000 to 350 000 EUR
(d) 0.5%) from a part of the purchase price over 350 000 to 500 000 EUR
(e) 0.25% for the portion) of the purchase price above 500 000 euros.
The total amount of remuneration may not exceed EUR 12 500.
2. the persons referred to in § 25 para. 2 (a). and (b).) (d))
have their registered office or permanent residence or stay at least 183 days in
the calendar year, and it continuously or in several periods, the
the territory of the United States, are obliged to pay remuneration twice a year
the competent collective administrator who has been under this Act
granted permission for the performance of collective management in the range including
collecting rewards from these people.
3. One-time rewards granted to imports or acceptance or when
the first sale of equipment to manufacture copies of records is 3% of the
the sales price of the sold equipment, whether these devices allow you to upload
only audio or only video or audio and video together, or other
record. At the radio and television receivers, which allow you to
the making of a recording of the broadcast, 1.5% of the remuneration shall be the sales price of the sold
receivers.
4. persons referred to in § 25 para. 2 (a). (b)), or (b). (d))
have their registered office or permanent residence or stay at least 183 days in
the calendar year, and it continuously or in several periods, the
the territory of the United States, are obliged to pay remuneration twice a year
the competent collective administrator who has been under this Act
granted permission for the performance of collective management in the range including
collecting rewards from these people.
5. the persons referred to in § 25 para. 2 (a). (e)) are required to pay the remuneration
According to § 25 paragraph belonging. 5 once a year the competent collective
administrator who has been granted under this Act for the performance of
collective management in the range that includes the collection of compensation from these people.
6. the remuneration for one print copy of the works
and a black and white 0.20 Eur) per page,
(b) Eur 0.40) color for the page.
7. The likely number of print copies of the works shall be made in
providers of reproductive services
and on the premises of libraries), museums, galleries, schools and education
70% of the total number of print copies made
provider of reproductive services for remuneration,
(b)) in the premises of the archives, government offices and local government offices
units, and those of other providers of reproductive services to 20% of the
the total number of print copies made by the provider
reproductive services for a fee.
8. the persons referred to in § 25 para. 2 (a). (c)), or (b). (d))
have their registered office or place of business, place of residence or stay
at least 183 days in the calendar year, and it continuously or in
several times, the Czech Republic, are required to pay
rewards twice a year to the competent collective administrator who has been referred to in
This Act granted permission for the performance of collective management in the range
involving the collection of compensation from these people.
9. the persons referred to in § 37 para. 1 remuneration pursuant to § 37 para. 2
Once a year the competent collecting State.
10. The reward for lending is 0.50 Eur per loan.
Annex 2
A list of information sources for consistent search which must be
examined in order to discover the identity of the author or any other rightholder, to
fatherless part or of the rightholder to another fatherless subject-matter
or their place of residence or stay
Information resources under section 27b para. 3 means
1. in the case of non-periodic publications issued
and the national library catalogs), the United States, the national archives and
foreign libraries or institutions of similar importance,
(b) the resources of the Association) publishers and authors in the competent State,
(c) existing databases and registries) WATCH (Writers, Artists and Their
Copyright Holders-writers, visual artists and their
the copyrights) and ISBN (International Standard Book Number-
international standard book number) and a database of published books,
(d) the relevant collecting societies registers), in particular collective
administrators managing the reproduction right,
(e) that links to the database and source) registers, including the VIAF (Virtual
International Authority Files-virtual international lists of authorities)
and ARROW (Accessible Registries of Rights Information and Orphan Works-
Accessible registries of rights information and orphan works)
(f)) list of authors whose rights he inherited the State or whose
the property rights of the State fell, led by the State Fund of the Czech culture
Republic,
g) titles, and more information on issued non-periodic
publications,
h) legal deposit;
2. in the case of periodicals
and the national library catalogs), the United States, the national archives and
foreign libraries or institutions of similar importance,
(b)) index ISSN (International Standard Serial Number-international
standard serial number),
(c) an Association of publishers) source authors and journalists in the competent State,
(d) the relevant collecting societies registers), including collective
administrators managing the reproduction right,
e) list of authors whose rights he inherited the State or whose
the property rights of the State fell, led by the State Fund of the Czech culture
Republic,
f) captions and other information in a periodical review,
g) legal deposit;
3. in the case of works of art, including works of photography, works of applied
art, architecture, and other such works of art that are
contained in books, journals, newspapers and other periodical
print or in other parts
and) resources referred to in points 1 and 2,
(b) registers the relevant collecting societies), and in particular the collective
administrators that manage the rights of authors of works of art, including collective
administrators managing the reproduction right,
(c) material, database)
(d)), the list of authors whose rights he inherited the State or whose
the property rights of the State fell, led by the State Fund of the Czech culture
Republic,
e) titles and other information on the work or on the cover of the work;
4. in the case of audiovisual works, works by an audio-visual presentation and audio used
records
and catalogs and compulsory archive) copies of national film
the archive, the national archives and foreign institutions of similar importance,
b) source Association of producers of audiovisual works and Phonograms
established in the competent State,
(c)) the database of institutions, movie, or sound heritage and
national libraries,
d) relevant standards and database identifiers such as ISAN
(International Standard Audiovisual Number-international standard
the number of the audiovisual recording) for audiovisual materials, ISWC
Music (International Standard Work Code-international standard code
musical work) for musical works and ISRC (International Standard
International standard recording Code-the code for the audio recording)
sound recordings,
(e) registers the relevant collecting societies), and in particular the collective
managers representing authors, performers, producers of Phonograms
and manufacturer of visual recordings,
f) database other major associations representing specific
categories of rightholders,
g) lists of holders whose rights he inherited a State or
the property rights of the State fell, led by State Fund of culture
The United States, or State Fund of cinematography,
h) titles and other information listed on the cover of art. ".
Selected provisions of the novel
Article II of the Act No. 216/2006 Coll.
Transitional and final provisions
1. the amounts expressed in euro shall be the rate vyhlašovaný the Czech
National Bank on the date of conclusion of the contract of transfer.
2. The duration of the rights of the producer of the phonogram, pursuant to section 77 of the Act No.
121/2000 Coll., in the version in force until the date of entry into force of this Act,
shall be governed by this law even if it began to run before the date of the acquisition of
the effectiveness of this Act. If the right of the producer of a phonogram according to §
77 of Act No. 121/2000 Coll., in the version in force until the date of entry into force of
This Bill died in the period from 22. December 2002 until the date of the acquisition of
the effectiveness of this law, the law on the date of the entry into force of
This Act, for the remaining period of time under section 77 of the Act No. 121/2000 Coll., on the
the version in force from the date of entry into force of this Act.
3. the manufacturer of the sound image of audiovisual works
published in the period from 1. January 1950 to 31. December 1992, which
Czech Television according to law No. 36/1993 Coll., on certain measures in
the area of radio and television broadcasting, exercises the rights of copyright,
Czech television is considered.
4. the administrative proceedings that has not been completed before the date of the acquisition of
the effectiveness of this law shall be completed in accordance with the existing laws,
regulations.
5. Legal relationships arising before the date of entry into force of this Act, and
the rights and obligations arising from them, as well as the law of liability for
breach of contracts entered into before the effective date of this Act, shall be governed by
the existing regulations.
Article. XXI of Act No 420/2007 Sb.
Transitional provision
The proceedings initiated before the date of entry into force of this law, and to this
the date for the executor completes and the rights and obligations related to
assessed according to the existing legislation.
Article. (II) Act No. 228/2014 Sb.
Transitional provisions
1. the provisions of section 27 para. 6 of Act No. 121/2000 Coll., in the version in force from
the effective date of this Act, applies to the musical works with
the text and the works of musical drama, which is in one of the Member
States of the European Union or in one of the States that make up the European
economic area on 1 May 2004. November 2013 at least protected musical work
or, where appropriate, the text of the libretto, and the musical works with the text resulting from the
on 1 May 2004. November 2013. The first sentence is without prejudice to the use of musical works with
the text and the works, dramatico, occurred before 1 January 1998. November
2013, or acquired rights to the works by third parties.
2. If it is not in the contract, which the performer has provided audio manufacturers
record the exclusive and unlimited license to use their recorded
artistic performance and concluded before 1 January 1998. November 2013
otherwise expressly agreed, it is understood that this Agreement shall remain in
even after the time when, according to § 73 of Act No. 121/2000 Coll., on the
the version in force before the date of entry into force of this Act, property
the rights of the performer.
3. The provisions of § 71 para. 4, § 72a-73, § 76a to 77a and § 96 para. 1
(a). d) of Act No. 121/2000 Coll., in the version in force from the date of acquisition
of this Act, apply to artistic performances recorded on
audio recording and audio recordings, if by 1 January 2004. November 2013
protected by law No. 121/2000 Coll., in the version in force before the date of
entry into force of this Act, or, if acquired after that date.
Article. (IV) to Act No. 356/2014 Sb.
Transitional provision
Proceedings under the Act No. 121/2000 Coll., in the version in force prior to the date of acquisition
the effectiveness of this law, which was launched before the authorities of the Customs Administration
The United States before the date of entry into force of this law shall be completed
pursuant to Act No. 121/2000 Coll., in the version in force prior to the date of acquisition
the effectiveness of this Act.
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 (codified
version).
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 (codified version).
European Parliament and Council directive 2009/24/EC of 23 December 2003. April 2009
on the legal protection of computer programs (codified version).
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.
1A) section 116 of the civil code.
1B) Act No. 348/2005 Coll., on radio and television fees and
amendments to certain laws, as amended.
2) Act No. 241/1992 Coll., on the State Fund of culture of the Czech Republic.
3) Law No 496/2009 Coll., on audiovisual works and the promotion of
cinema and on amendments to certain acts (the Act on audiovisual).
4) Act No. 257/2001 Coll. on libraries and operating conditions
public library and information services (library)
as amended.
Law No. 121/2000 Coll., on the protection of the collections of the Museum of the nature and amending
certain other acts, as amended.
Law No. 499/2004 Coll. on Archives and records service and amending
certain acts, as amended.
Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations.
Act No. 111/1998 Coll., on universities and amending and supplementing other
laws (law on higher education), as amended.
4 d) labour code.
4E) section 66 paragraph 1. 2 of the commercial code.
5) Act No. 468/1991 Coll., on radio and television
broadcasting, as amended.
6) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
Act No. 29/2000 Sb.
6a) Act No. 257/2001 Coll., as amended.
6B) § 451 et seq. Act No. 40/1964 Coll., the civil code, as amended by
amended.
7) § 2 (2). 1 (b). (b)) Government Regulation No. 303/1995 Coll., on minimum
wages, as amended.
8) Act No. 143/2001 Coll., on the protection of competition and amending
Some laws (law on the protection of competition), as amended by
amended.
8A) § 2 (2). 2 of the commercial code.
9) section 6 of the Act No. 273/1993 Coll., on certain conditions for production, dissemination and
archiving of audiovisual works, amending and supplementing certain acts and
some other regulations.
10) Act No. 241/1992 Coll., as amended by Act No. 273/1993 Coll., section 14 of the Act
No. 273/1993 Coll.
11) article 5 (3). 4 the Berne Convention for the protection of literary and artistic
works of 9 June. September 1886, completed in Paris on 4. in may 1896,
revised at Berlin on 13 November. November 1908, supplemented in Berne on 20.
March 1914 and revised at Rome on 2. June 1928, at Brussels on 26.
June 1948, at Stockholm on 14 July. July 1967 and at Paris on 24.
July 1971 (Decree No. 133/1980 Coll.).
12) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
13) § 2382 of the civil code.
14) European Parliament and Council Regulation (EU) no 386/2012 of 19.
April 2012, establishing the Office for harmonization in the internal market (trade
marks and designs) entrust tasks relating to the enforcement of the
intellectual property rights, including the assembling of public and
the private sector in the form of a European Monitoring Centre on
violations of intellectual property rights.
