- COPYRIGHT ACT - Consolidated version of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 Coll.
- PART ONE COPYRIGHT AND THE RIGHTS RELATED TO COPYRIGHT
- TITLE I COPYRIGHT
- VOLUME 1 Subject Matter of Copyright
- VOLUME 2 Authorship
- VOLUME 3 Origin and Content of Copyright
- SECTION 1 General Provisions
- SECTION 2 Moral Rights
- SECTION 3 Economic Rights
- Communication to the Public
- SECTION 4 Other Economic Rights
- SECTION 5 Common Provisions for Economic Rights
- SECTION 6 Duration of Economic Rights
- SECTION 7 Work in Public Domain and Making the Work in Public Domain Public for the First Time
- VOLUME 4 Exceptions and Limitations to Copyright
- SECTION 1 General Provisions
- SECTION 2 Free Uses and Compulsory Licences
- Article 30 Free Uses
- Article 30a Reproduction on Paper or Other Similar Base
- Article 30b
- Article 31 Quotations
- Article 32 Promotion of Exhibition of Works of Art and Sale Thereof
- Article 33 Use of a Work Located in Public Place
- Article 34 Official and Reporting Licences
- Article 35 Use of Work as Part of Civil and Religious Ceremonies or as Part of Official Events Organised by Public Authorities or during School Performances, and Use of School Work
- Article 36 Limitation of Copyright to Collection of works
- Article 37 Library Licence
- Article 38 Licence for Disabled
- Article 38a Licences for temporary Reproductions
- Article 38b Licence for Photographic Portrait
- Article 38c Incidental Use of a Work
- Article 38d Licence to Works of Applied Art and Works of Architecture
- Article 38e Licences for Social Facilities
- Article 39 Use of an Original or a Reproduction of Work of Fine Arts or of a Photography or a Work Expressed in Manner Analogous to Photography by its exhibition
- VOLUME 5 Copyright Protection
- VOLUME 6 Types of Agreement
- SECTION 1 Licence Agreement
- Article 46 General Provisions
- Article 47 Exclusive or Non-exclusive Licence
- Article 48 Granting Authorisation to Third Party
- Article 49 Royalty
- Article 50 Limitations of Licence
- Article 51 Limitations on Licensee’s rights
- Article 52 Reproductions for Author
- Article 53 Withdrawal from Agreement Due to Inactivity of Licensee
- Article 54 Withdrawal from Agreement Due to Change of Author’s Conviction
- Article 55 Termination of Licence
- SECTION 2 Special Provisions on Publisher’s Licence Agreement
- SECTION 3 Sublicense Agreement
- SECTION 1 Licence Agreement
- VOLUME 7 Special Provisions on Certain Works
- Article 58 Employee Work
- Article 59 Collective Work
- Article 60 School Work
- Article 61 Work Created on Order and Work Created for Competition
- Audiovisual Work
- Article 62 General Provisions
- Article 63 Author of Audiovisual Work
- Article 64 Works Used Audiovisually
- Computer Programs
- Article 65 General Provisions
- Article 66 Limitation of Scope of Author’s Rights to Computer Program
- TITLE II RIGHTS RELATED TO COPYRIGHT
- VOLUME 1 Rights of Performer to his Artistic Performance
- Article 67 Artistic Performance and Performer
- Article 68 Joint Representative of Performers
- Article 69 Content of Performer’s Rights
- Article 70 Moral Rights of Performer
- Article 71 Economic Rights of Performer
- Article 72 Compulsory Licence Granted for Consideration
- Article 73 Duration Performer’s Economic Rights
- Article 74 Application of the Provisions of Title I
- VOLUME 2 Right of Phonogram Producer to his Phonogram
- VOLUME 3 Right of Audiovisual Fixation Producer to his First Fixation
- VOLUME 4 Right of Radio and Television Broadcaster to his Broadcasting
- VOLUME 5 Right of Publisher
- VOLUME 1 Rights of Performer to his Artistic Performance
- TITLE III RIGHTS SUI GENERIS OF MAKER OF DATABASE
- Article 88 Definition
- Article 88a
- Article 89 Maker of Database
- Article 90 Content of Sui Generis Right of Database Maker
- Article 91 Limitation of Sui Generis Right of Database Maker
- Article 92 Gratuitous Compulsory Licences
- Article 93 Duration of Database Maker’s Sui Generis Right
- Article 94 Application of the Provisions of Title I
- TITLE IV COLLECTIVE MANAGEMENT OF RIGHTS
- Article 95
- Article 96 Rights Subject to Compulsory Collective Rights Management
- Article 97 Collective Rights Manager
- Article 98 Authorisation to Execute Collective Rights Management
- Article 99 Withdrawal of Authorisation
- Article 100 Relations of Collective Rights Manager to the Represented Rightholders and to the Users of Protected Items
- Article 100a
- Article 101 Collective and Cumulative Agreements
- Article 102 Mediators of Collective and Cumulative Agreements
- Article 103 Supervision by the Ministry
- Article 104 Rules for Distribution of Remuneration Collected by Collective Rights Manager
- TITLE V CONCURRENT PROTECTION
- TITLE VI ADMINISTRATIVE INFRACTIONS, OFFENCES, MISDEED
- TITLE VII TRANSITIONAL AND FINAL PROVISIONS
- PART ELEVEN REVOKING PROVISIONS
- PART TWELVE EFFECT
- Annex to Act No. 121/2000 Coll.
THE PRIME MINISTER
Hereby makes the following provisions:
Consolidated version of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 Coll.
COPYRIGHT ACT
PART ONE
Article 1
This Act implements the relevant legislation of the European Communities1) and regulates:
a) The right of an author to his work;
b) Rights related to copyright: d) Protection of rights under this Act; e) Collective management of copyright and of rights related to copyright.
1) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs. Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, as amended. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission. Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights, as amended. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
TITLE I
COPYRIGHT
VOLUME 1
Subject Matter of Copyright
Article 2
Article 3
Copyright protection shall not apply to:
a) an official work, such as a legal regulation, decision, public charter, publicly accessible register and collection of its documents, and also any official draft of an official work and other preparatory official documentation including the official translation of such work, Chamber of Deputies and Senate publications, a memorial chronicle of a municipality (municipal chronicles), a state symbol and symbol of a municipality, and any other such works where there is public interest in their exclusion from copyright protection,
b) creations of traditional folk culture, unless the real name of the author is commonly known and the works are anonymous or pseudonymous (Article 7); such works may only be used in a way that shall not detract from their value.
Article 4
(1) A work is made public by its first authorised public recitation, performance, showing, exhibition, publishing or any other way of making available to the public.
(2) The work is published by commencing of authorised public distribution of its reproductions.
VOLUME 2
Authorship
Article 5
(1) Author is the natural person who created the work.
(2) Author of a collection of works is the natural person who selected and arranged works in a creative way; the rights of authors of works included in the collection shall not be affected thereby.
Article 6
Author shall be the natural person whose real name is indicated in a usual manner on the work or is indicated with the work in the register administrated by the relevant collective rights manager, unless proven otherwise; this shall not apply in cases where such information is in conflict with other information so indicated. This provision shall also apply if such a name is a pseudonym, provided that the pseudonym used by the author evokes no doubt as to the author’s identity.
Article 7
Article 8
VOLUME 3
Origin and Content of Copyright
SECTION 1 General Provisions
Article 9
Article 10
Copyright shall include exclusive moral rights (Article 11) and exclusive economic rights (Article 12 et seq.).
SECTION 2
Moral Rights
Article 11
(1) The author shall have the right to decide about making his work public. author must be indicated, provided that such shall be a normal practice. Protection may be claimed by any of the author’s kin1a). They shall maintain this authorisation even if the protection of the copyright-related economic rights expired. Such protection may at any time also be claimed by legal persons associating authors or by the relevant collective rights manager hereunder (Article 97).
SECTION 3
Economic Rights
Article 12
Article 13
Reproduction 1a) Article 116 of the Civil Code.
Article 14
Article 15
The rental of the original or a copy of a work shall mean making the work available in tangible form for the purpose of direct or indirect economic or commercial advantage by providing the original or a copy of the work for a limited period of time.
Article 16
The lending of the original or a copy of a work shall mean making the work available in tangible form through an establishment which is accessible to the public not for the purpose of direct or indirect economic or commercial advantage by providing the original or a copy of the work for a limited period of time.
Article 17
The exhibition of the original or reproduction of a work shall mean making the work available in a tangible form by making it possible to view or perceive in any other way the original or reproduction in particular of a work of fine arts, a photographic work, a work of architecture including an urban design work, a work of applied art, or a cartographic work.
Communication to the Public
Article 18
Article 19
Article 20
Article 21
(1) Broadcasting the work shall mean making the work available by means of radio or television or any other means of making of the work available designated to the communication the sounds or images and sounds or the representations thereof by wire or wireless, including transmission by cable or by satellite, by the original broadcaster.
(2) In this Act, satellite shall mean any satellite working on the frequency bands that are:
a) Reserved, under specific legal regulations in the telecommunications area, for the transmission of signals to be received by the public; or
b) Reserved for closed communication from one point to another, provided that the circumstances of the individual reception of the signals are comparable to the circumstances referred to in clause a) above. a) the station from which the signal carrying sounds, or sounds and images, or their expression intended for reception by the public, are transmitted to the satellite; or b) the broadcaster has its registered office, unless the circumstances specified in clause a) above exist.
The right in respect of satellite broadcasting can be applied in relation to the person operating the station in accordance with clause a) above or the broadcaster referred to in clause b).
(7) If the signals carrying sounds, or sounds and images, or their expression intended for reception by the public, are put into an uninterrupted chain of communication leading to the satellite and down towards the earth in the territory of a state that does not provide a level of copyright protection comparable to or higher than that provided by this Act, and if at the same time the station from which the broadcasting is being executed is not located in the territory of any other member state of the European Communities, then the satellite broadcasting of the work shall be deemed to have occurred in the territory of that member state of the European Communities where the managing bodies are located of the broadcaster upon whose initiative the broadcasting takes place. The rights hereunder may then be applied in relation to such a broadcaster.
Article 22
Article 23
Performing the broadcast of a work shall mean that the work broadcast by radio or television is made available by means of a facility technically capable to receive such broadcasts. Making the work available by means of facilities technically capable to receive broadcasts to guests accommodated within the provision of accommodation services shall not be considered, under Article 18 Paragraph (3), as performance of broadcast reception where such facilities are located in the rooms intended for private use by the accommodated persons. Making the work so available to patients to whom health care is provided in health care and medical facilities shall also not be considered, within the meaning of Article 18 Paragraph 3, as performance of a broadcast work.
SECTION 4
Other Economic Rights
Article 24
Article 25
(1) For works that were made public and may be reproduced: a) for personal use by a natural person or for the own internal use by a legal person or a sole trader (Articles 30 and 30a), using a device for making printed reproductions on paper or other similar base; or b) for personal use by a natural person (Article 30) on the basis of an audio, audiovisual or any other fixation
or broadcasting by the transfer thereof by means of a device to blank record carriers, the author is entitled to remuneration in connection with such reproduction of the work.
(2) The person liable to pay remuneration pursuant to Paragraph (1) shall be: a) the producer of the devices for making reproductions of fixations, importer of such devices from third countries (hereinafter the “importer”) or consignee of such devices from member states of the European
Communities (hereinafter the “consignee”); b) the producer, importer or consignee of technical devices for making printed reproductions; c) the producer, importer or consignee of blank record carriers; d) the carrier or forwarder in lieu of the liable person pursuant to Paragraphs (a) to (c), unless that person
informed the relevant collective rights manager without undue delay upon written request about the details necessary for the identification of the importer, consignee or producer;
e) the provider of pai The Parliament adopted the following Act of the Czech Republic:
COPYRIGHT AND THE RIGHTS RELATED TO COPYRIGHT
Scope of Application
Author `s work
Public Interest Exceptions in Copyright
Making Work Public and Publication of Work
Author
Legal Presumption of Authorship
Anonym and Pseudonym
Joint Authors
Origin of Copyright
Content of Copyright
Right to Use the Work
Distribution
Rental
Lending
Exhibition
General Provisions
Live Performance of a Work and its Transmission
Performance of Work from Fixation and Transmission Thereof
Broadcasting
Retransmission of Broadcast
Performing Broadcast
Resale right (Droit de suite)
Right to Remuneration in Connection with Reproduction of Work for Personal Use and for Legal Person’s Own Internal Use