The Copyright Law

Original Language Title: autorský zákon

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49278&nr=121~2F2000~20Sb.&ft=txt

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.