What is Act No. 102 / 2017 Coll.?

Act No. 102 / 2017 Coll., amending Act No. 121 / 2000 Coll., on Copyright Law, on Copyright Law Rights and on the Amendment of Certain Laws (Copyright Act), as amended — Act amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended.

When it became Act No. 102 / 2017 Coll. effectiveness?

Act No. 102 / 2017 Coll. became effective 20.04.2017.

Is Act No. 102 / 2017 Coll. still valid?

Yes, Act No. 102 / 2017 Coll. is still valid and effective.

Act No. 102 / 2017 Coll. - Act amending Act No. 121 / 2000 Coll., o...

102

THE LAW

of 9 March 2017

amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended

Parliament has decided on this law of the Czech Republic:

Čl. I

Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended by Act No. 81 / 2005 Coll., Act No. 61 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 216 / 2006 Coll., Act No. 168 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 156 / 2013 Coll., Act No. 433 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 228 / 2014 Coll., Act No. 355 / 2014 Coll., Act No. 356 / 2014 Coll., Act No. 156 / 2013 Coll.

1. In Article 1 (b) (6), the words "in connection with the production of a copy of the work which he has issued for personal use 'are deleted.

2. In Section 1, the words "(collective management) 'shall be added at the end of the text in point (e).

3. footnote 1 shall read:

"(1) Council Directive 93 / 83 / EEC of 27 September 1993 on the coordination of certain provisions relating to copyright and related rights relating to satellite broadcasting and cable transmission. 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 right to resale for the benefit of the author of the original work of art. Directive 2004 / 48 / EC of the European Parliament and of the Council of 29 April 2004 on the respect of intellectual property rights. Directive 2006 / 115 / EC of the European Parliament and of the Council of 12 December 2006 on rental and lending rights and on certain intellectual property rights related to copyright. Directive 2006 / 116 / EC of the European Parliament and of the Council of 12 December 2006 on the period of protection of copyright and certain related rights. Directive 2009 / 24 / EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programmes. Directive 2011 / 77 / EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006 / 116 / EC on the period of protection of copyright and certain related rights. Directive 2012 / 28 / EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works. Directive 2014 / 26 / EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and the granting of multi-territorial licences for rights to use musical works online in the internal market. ';

4. In Article 2 (2), the words "if it is original in the sense that it is' are replaced by the words" a photograph and a creation, expressed in accordance with a similar photograph, which are original in the sense that it is' and the last sentence is deleted.

5. In Article 6, the word "register 'is replaced by" list'.

6. Paragraph 11 (5) reads as follows:

"(5) After the author's death, no one is allowed to personalize his authorship. The work may only be used in a way that does not reduce the value of the work. If this is common and not anonymous, the author must be mentioned when using it. Protection may also be sought after the loss of property rights by a person close to the author, a legal person bringing together authors or a competent collective administrator. ';

footnote 1a is deleted.

7. Part 1, Title Part 3, under the heading of Section 3, the title of the new Subsection 1 is inserted, including the title:

„Pododdíl 1

The right to enjoy the work. "

8. In Article 12 (4), at the end of the introductory part of the provision, the word "in particular 'shall be added.

9. Paragraph 12 (5) is deleted.

10. In Section 23, the second sentence, including footnote 1b, is deleted.

11. Part 1, Title Part 3, Section 4, including the title, shall be deleted and Sections 5 to 8 shall be renumbered Sections 4 to 7.

12. Part 1, Title In Section 3, Part 3, the following is inserted after Section 23:

„Pododdíl 2

Other property rights'.

13. in Article 24 (2), "the register referred to in Article 100 (1) (e)" is replaced by "the list referred to in Article 97c (1)."

14. In Paragraph 24 (3), the word "artist 'is replaced by" author'.

15. In the first sentence of Article 24 (6), the words "including the information used to identify the seller 'shall be inserted after the words" pursuant to paragraph 1', the words "The data used to identify the seller may only be required by the collective administrator in justified cases, in particular in the event of a dispute between the sale, the dispute between the purchase price or the removal of the remuneration by the trader, while ensuring the protection of the personal data provided. 'and in the sentence of the fourth sentence, the words" the actual sale' shall be replaced by the words "the purchase '.

16. In Article 26 (2), the words "and works of audiovisual use 'shall be inserted after the word" audiovisual', and at the end of the paragraph, the sentence "State funds referred to in the third sentence shall keep a name of the authors whose property rights the State inherited or owned, updated for each calendar year and shall be published on their website by 31 January of the following calendar year. ';

17. in Article 27a (4), the second sentence is deleted;

18. in Article 27a (4), the sentence "This person shall inform the relevant collective administrator in writing without undue delay after the second sentence" shall be inserted. If no such use is made, the author shall be entitled to terminate orphan work status by announcing in writing his copyright to the collective administrator who keeps the relevant list of orphan works under this Act. ', in the last sentence, the words "for his authors who are not designated or found' shall be deleted and the word" third 'shall be replaced by the word "fourth'.

19. In the heading of Section 7, the words "and the first publication of an unpublished free work 'are deleted.

20. Paragraph 28 (2) and (3) are deleted and paragraph 1 is deleted.

21. in Paragraph 29 (1), the words "in this law" shall be replaced by the words "by law."

22. in Paragraph 29 (2), the words "licences for copies of works from their own collections for archiving and preservation purposes" shall be inserted after the words "(§ 35 (3))."

23. in Paragraph 30 (5), the word "artistic" shall be deleted;

24. Under the designation of § 30b, the title is inserted: "Presentation or repair of apparatus'.

25. Part 1, Title Part 4, Section 3, including the title, is deleted.

26. In Section 36, the words "which is a database," shall be inserted after the word "the package."

27. in Paragraph 37 (1), the words "in the figures and formats necessary for the permanent preservation of the work" shall be added at the end of the text of point (a).

28. in Paragraph 37 (1) (d), the word "bachelor" shall be inserted after the word "defended."

29. in Paragraph 37 (2), the words "(hereinafter referred to as" National Library ")" shall be inserted after the words "National Library of the Czech Republic" and the words "State Library" shall be replaced by the words "National Library."

30. Paragraph 37 (3) reads:

"(3) Paragraph 2 shall not apply to copies of works recorded on sound, visual or other records the use of which is subject to the conditions of sale or licence, unless it is on-site lending or a material copy of the record, which is an integral part of the material copy of the work. The person referred to in paragraph 1 shall, when lending on the spot alone, avoid the possibility of obtaining a copy of such an alert. ';

31. in Article 37 (5), the words' if it can be claimed fairly 'shall be deleted and the words' borrowing and 'shall be replaced by the words' borrowing and may be required fairly ';

32. In Section 38, the words "disabled 'are replaced by the words" disabled persons'.

33. in Paragraph 38 (1) (a), the words "disabled" shall be replaced by the words "persons with disabilities" and the words "issued" shall be deleted;

34. in Paragraph 38 (1) (b):

"(b) shall provide a copy of the audio-visual recording of the audiovisual work solely for the needs of persons with visual or auditory disabilities and not for the purpose of direct or indirect economic or commercial benefit by verbal expression of the visual component or by adding the visual or text means necessary to make the work available to those persons; the audiovisual work so supplemented may also be reproduced, disseminated and communicated, unless it is for direct or indirect economic or commercial benefit. ';

35. In Paragraph 38, the following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 15:

"(2) Paragraph 1 shall apply to the audiovisual work only if it has been issued.

(3) The author's right shall not be affected by a person who operates a television broadcast and, in accordance with the law, broadcasts a series of 15), supplemented by an audio description, which serves to make the programme accessible to persons with visual impairment, unless the service is charged or does not do so for the direct or indirect economic or commercial benefit.

15) Paragraph 2 (1) (l) of Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and on the amendment of other laws, as amended. "

Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.

36. In Paragraph 38 (4), the words "disabled 'are replaced by the words" persons with disabilities'.

37. in Paragraph 38a (1) (a), the word "intermediary" is replaced by the word "intermediary."

38. in Article 38d (b), the words "propose or make an amendment to the completed construction, which is an expression of the architectural work," shall be replaced by the words "the architectural work expressed by the construction, drawing or plan shall be used for the purposes of maintenance work or the modification of the completed construction," and the word "architectural" shall be inserted after the word "value."

39. Under the heading of § 38f, the title is inserted: "Licences for common home antennas'.

40. After Paragraph 38f, the following Section 38g is inserted:

„§ 38g

Licences for caricature and parody

The copyright does not interfere with those who use the work for caricature or parody purposes. '

41. In Paragraph 39, the word "register 'is replaced by" list';

42. In Paragraph 40 (1) (c) of the introductory part of the provision, the words "as well as information on the facts relevant to the level of remuneration referred to in paragraphs 24 and 25" shall be inserted after the words "third party."

43.In Paragraph 40 (1) (c) (3), the word "or" shall be deleted.

44. in Paragraph 40 (1) (c), the word "or" shall be added at the end of point 4.

45. in Paragraph 40 (1) (c), the following point 5 is added:

"5. is a person required under § 24 (6) or § 25 (2),"

46.

„§ 41

A person who has contracted an exclusive right to exercise the right to use the work or who is entrusted by law to exercise that right shall be entitled to claim claims under Articles 40 (1) (b) to (d) and (f) and 40 (3) and (4) in place of the author; a claim for adequate satisfaction to atone for non-property damage may be claimed only for interference with copyright property rights. The right of the author to claim reasonable satisfaction to atone for the non-property damage caused by interference with the copyright's personality rights, as well as the right under Paragraph 40 (3), shall remain unaffected. '

47. in Article 43 (1), the words "or otherwise thwarting" shall be inserted after the word "circumventing."

48. in Paragraph 58 (1):

"(1) Unless otherwise agreed, the employer shall exercise, in his own name and on his behalf, the property rights of the author for the work which the author has created to fulfil his obligations arising from the employment or professional relationship. Such a work is a work of employment. The employer may transfer the right of performance according to the first sentence to a third party only with the permission of the author, unless this is the case in the case of the transfer of the business establishment. Such authorisation shall be deemed irrevocable and shall also apply to any subsequent referral. A third party who has been transferred the right of enforcement shall then be regarded as an employer for the purposes of this Act. '

49. In Paragraph 58 (3), "granted 'is replaced by" granted'.

50. in Paragraph 58 (10):

"(10) Paragraphs 1 to 6 and 8 shall apply mutatis mutandis to works created to fulfil obligations arising from the relationship between a legal person and a author who is a member of its statutory or other elected or appointed body; the legal person is considered to be an employer in such a case. Paragraph 61 shall not apply to such works. '.

footnote 4e is deleted.

51. in Paragraph 64, the following paragraph 1 is inserted:

"(1) Any work included in the audiovisual work shall be an audiovisual work. '

Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.

52. In Paragraph 64 (3), "1 'is replaced by" 2'.

53. In Paragraph 65, at the end of paragraph 1, the words "unless otherwise stated in this Act 'shall be added.

54. in Paragraph 72 (4):

"(4) Unless otherwise agreed, a user who has entered into a contract with the collective administrator pursuant to paragraph 3 but is late in paying the remuneration under this contract and who will not pay the remuneration within an additional 30-day period provided by the collective administrator shall not be entitled to use it in accordance with paragraph 1 until such time as the remuneration due is paid or otherwise ceases to exist. ';

55. In Section 72b, the word "relations' is replaced by" commitments'.

56. In Paragraph 74, "Paragraph 28 (1) 'is replaced by" Paragraph 28' and "Paragraph 64 (1) and (3) 'is replaced by" Paragraph 64 (2) and (4)'.

57. in § 78, "§ 28 (1)" is replaced by "§ 28";

58. In Paragraph 82, "§ 28 (1) 'is replaced by" § 28';

59. In § 86, the words "§ 25 'are deleted and the words" § 28 (1)' are replaced by the words "§ 28 ';

Paragraph 60 (87) reads as follows:

„§ 87

(1) The publisher shall have the right to receive remuneration in connection with the production of a copy of the work he has issued for personal use and his own internal needs of a legal person or an undertaking natural person.

(2) The right of the publisher is 50 years from the date of issue of the work. Paragraph 27 (8) shall apply mutatis mutandis.

(3) The right of the publisher is transferable. "

61. In Part One, Title II, the following Part 6 is inserted after Part 5:

„Díl 6

Right of the first publisher

§ 87a

(1) For those who first publish a work which has not yet been published, for which the duration of the property rights has expired, exclusive property rights are established in respect of that published work to the extent that it would belong to the author of the work if his property rights still existed.

(2) The right referred to in paragraph 1 shall be transferable and shall last 25 years from the publication of the work. Paragraph 27 (8) shall apply mutatis mutandis to the calculation of the duration of the right referred to in paragraph 1. ';

62.In Paragraph 94, "Paragraph 28 (1) 'is replaced by" Paragraph 28';

63. In Part One, Title IV, including the headings and footnotes Nos 16 to 27:

„HLAVA IV

COLLECTIVE MANAGEMENT

Díl 1

General provisions

§ 95

Collective management

(1) Collective management means the full management of copyright or copyright rights for their published or for the publication of works, works of art, phonograms or phonograms (hereinafter referred to as the subject-matter of protection), which is carried out for their common benefit. The collective management is not a mediation of the conclusion of a licence or other contract, nor an occasional or short-term full administration other than compulsory collective management.

(2) The purpose of collective management is the collective application and collective protection of copyright and property rights and the possibility of making the subject matter of such rights available to the public.

(3) The rightholder is the person to whom the

(a) copyright or copyright rights;

(b) under that law, the exercise of rights of property to work; or

(c) an exclusive right to exercise the right collectively managed throughout the period of the property rights and at least for the territory of the Czech Republic with the right to grant a licence.

(4) For collective rights management purposes, the user is a person who uses the subject of protection or who is obliged to pay remuneration under this law.

§ 95a

Collective Administrator

(1) The collective administrator is a legal person made up of rightholders who, by virtue of a collective management authorisation granted, exercises collective management for such rightholders as the sole or principal purpose of their activities and which is not established for the purpose of business or other gainful activities or is managed by its members.

(2) A collective management authorisation shall not be required for the granting of licences for the use of online musical works in the territory of more than one of the Member States of the European Union or of States forming the European Economic Area, provided that they are granted by a person established in the territory of another Member State of the European Union or of one of the States constituting the European Economic Area which provides such a licence in accordance with the law of the State in whose territory it is situated.

Díl 2

Collective management authorisation

§ 96

Application for authorisation

(1) The Ministry shall decide on the granting of collective management authorisations on the basis of a written request.

(2) The application must contain, in addition to the general requirements laid down in the rules of procedure, the following:

(a) the designation of the statutory authority of the applicant, the name, surname and residence of the person who is the statutory authority or of the persons who are its members, and the manner in which the applicant is to be treated, unless such information can be obtained from the information systems of the public administration;

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

(c) the definition of the subject matter of the rights referred to in (b) and, as regards works, the definition of their species.

(3) The application shall be accompanied by:

(a) a model draft contract with the rightholder on the basis of which it exercises collective management of rights for him;

(b) a proposal for a distribution order containing the method of distribution and the rules for the payment of the remuneration collected, excluding arbitrary procedure for their distribution and taking into account the application of the principle of promoting cultural works and performances;

(c) a list of names of rightholders who have expressed an interest in the collective management of their rights by the applicant, indicating their place of residence or, in the case of foreigners, their place of residence and their citizenship, and indicating their subject-matter to the extent appropriate to the purpose of the proceedings and the signatures of those rightholders;

(d) a list of the names of the members of the applicant who are holders of the rights to be managed collectively, indicating their place of residence or, in the case of aliens, their place of residence and their nationality, and indicating their subject-matter to the extent appropriate to the purpose of the proceedings and the signatures of those rightholders;

(e) an estimate of the expected return on collective management rights and an estimate of the costs of collective management;

(f) a proposal for the level of remuneration for each method of use of the subject matter;

(g) proof of integrity in accordance with Article 96b (2) and (3);

(h) Statutes or similar documents (hereinafter referred to as "Statutes");

(i) a document certifying the conclusion or promise to conclude reciprocal agreements with at least two foreign collective administrators;

(j) conditions of membership and conditions for termination of the mandate for collective management, if not contained in the statutes;

(k) model licensing contracts;

(l) the general rules for determining the amount of the deduction from the rights income and from the investment income from the exercise of rights for purposes other than the cost of the management of rights, including reductions to cover the costs of the provision of social, cultural and educational services; and

(m) complaints procedures.

(4) Where an applicant is located in the territory of another Member State of the European Union or of one of the States forming the European Economic Area, which carries out collective management in the territory of another Member State of the European Union or of one of the States constituting the European Economic Area under the legislation of that State, the application shall be accompanied by only a document certifying that he is carrying out collective management under the legislation of that State.

§ 96a

Authorisation decision

(1) The Ministry shall decide on the application for a collective management authorisation within 90 days of the date of the application.

(2) The Ministry shall grant collective management authorisation to an applicant established in the territory of another Member State of the European Union or of one of the States forming the European Economic Area, who shall exercise collective management in the territory of another Member State of the European Union or of one of the States constituting the European Economic Area under the legislation of that State, provided that:

(a) the application for authorisation complies with the requirements laid down in Article 96 (2) and (4);

(b) requests authorisation for collective management of such rights where collective exercise is effective; and

(c) for the exercise of the same right in respect of the same subject-matter of protection, and if it is a work, for the exercise of the same right in respect of the same type of work, another collective administrator shall no longer be authorised.

(3) The Ministry shall grant collective management authorisation to an applicant who is not an applicant pursuant to Paragraph 96 (4) if:

(a) the applicant shall take the legal form of the association;

(b) the application for authorisation complies with the requirements laid down in Article 96 (2) and (3);

(c) requests authorisation for collective management of such rights where collective exercise is effective;

(d) for the exercise of the same right in respect of the same subject-matter of protection, and if the work is carried out, for the exercise of the same right in respect of the same type of work, another collective administrator shall no longer be authorised;

(e) it fulfils the conditions to ensure the proper and effective exercise of collective management;

(f) meets the requirements of § 96d to 96h;

(g) is a fair legal person, and a legal person who has been convicted of an intentional offence shall not be regarded as being fair, unless it is regarded as not being convicted; and

(h) members of its statutory body shall be fair and shall not be regarded as being fair by a person who has been convicted of an offence against property or an economic offence if he is not regarded as having been convicted.

(4) The Ministry may grant a collective management authorisation consisting of the collection of remuneration pursuant to Sections 25 and 37 (2) for all authors or for all rightholders related to copyright only to one applicant who best fulfils the conditions for ensuring the proper and efficient exercise of collective management; in such a case, the authorisation of another collective administrator may only include the distribution of the remuneration thus collected to authors or rightholders related to copyright for whom they exercise collective management of their rights.

(5) The Ministry will publish on its website the authorisation decision and the date of acquisition of its legal power within 30 days of the date of acquisition of its legal power.

§ 96b

Demonstration of integrity

(1) In order to prove the integrity of a legal person established in the Czech Republic or the integrity of a member of a statutory body who is a national citizen of the Czech Republic, the Ministry will request an extract from the Register of Penalties register under the Criminal Register Act 16).

(2) In order to prove the integrity of a legal person established outside the Czech Republic, the applicant shall accompany the application:

(a) an extract from the criminal record or an equivalent document issued by the State in which the legal person is established; or

(b) a declaration of integrity made before a notary or other competent authority of the State in which the legal person has his registered office, unless that State issues a relevant extract of the criminal record or an equivalent document.

(3) In order to demonstrate the integrity of a member of a statutory body who is a foreigner, the applicant shall accompany the application:

(a) an extract from the criminal record or equivalent document issued by a Member State of which a member of the statutory authority is a citizen or, in the case of a member of the statutory authority which is a citizen of another Member State of the European Union, an extract from the Register of Penalties annexed to the Code of Criminal Procedure (16) containing information entered in the criminal record of that State; or

(b) an affidavit of integrity made before a notary or other competent authority of the State of which a member of the statutory authority is a citizen, unless that State issues an appropriate extract of the criminal record or an equivalent document.

(4) The document submitted for proof of integrity shall not be more than 3 months old.

§ 96c

Withdrawal of authorisation

(1) The Ministry shall withdraw the authorisation in its entirety or in part if:

(a) the collective administrator ceases to comply with the authorisation requirements and does not make amends in the Ministry for a reasonable period of time or if it is not possible to remedy;

(b) the collective administrator has repeatedly or in a serious way, over the last two years, infringed the obligation laid down by this law; or

(c) the collective administrator shall so request.

(2) The Ministry may withdraw the authorisation in its entirety or in part if the collective administrator has infringed the obligation imposed on him by this Act and has failed to remedy it within a reasonable period of time. This is without prejudice to paragraph 1 (b).

Citation	Act No. 102 / 2017 Coll., amending Act No. 121 / 2000 Coll., on Copyright Law, on Copyright Law Rights and on the Amendment of Certain Laws (Copyright Act), as amended
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	05.04.2017
Effective from	20.04.2017
Effective until	-
Status	Valid

Act No. 102 / 2017 Coll.

Act amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended

Contents