What is Act No. 216 / 2006 Coll.?

Act No. 216 / 2006 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, and certain other laws — Act amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law), as amended, and certain other laws.

When it became Act No. 216 / 2006 Coll. effectiveness?

Act No. 216 / 2006 Coll. became effective 22.05.2006.

Is Act No. 216 / 2006 Coll. still valid?

Yes, Act No. 216 / 2006 Coll. is still valid and effective.

Act No. 216 / 2006 Coll. - Act amending Act No. 121 / 2000 Coll., o...

216

THE LAW

of 25 April 2006

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

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of copyright law

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. and Act No. 186 / 2006 Coll., is amended as follows:

1. In Section 1 of the introductory part of the provision, the words "incorporating the relevant provisions of the European Community1) and 'are inserted after the word" its'.

Footnote 1:

"(1) Council Directive 91 / 250 / EEC of 14 May 1991 on the legal protection of computer programmes. Council Directive 92 / 100 / EEC of 19 November 1992 on rental and lending rights and on certain intellectual property rights related to copyright law, as amended. Council Directive 93 / 83 / EEC of 27 September 1993 on the coordination of certain provisions relating to copyright and related rights in satellite broadcasting and cable transmission. Council Directive 93 / 98 / EEC of 29 October 1993 on the harmonisation of 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 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. '.

footnote 1 shall be renumbered footnote 1a, including the footnote references.

2. In Article 1 (b) (4), the word "original 'is deleted.

3. The heading of Section 2 reads: "The work of authors."

4. Paragraph 2 (2) reads as follows:

"(2) A computer program is also considered a work if it is original in the sense that it is the author's own intellectual creation. The database, which is the method of selection or arrangement of content by the author's own intellectual creation and the components of which are systematically or methodically arranged and individually made available electronically or by other means, shall be a package piece. Other criteria for establishing the eligibility of a computer program and a database for protection shall not apply. Photographs and works, expressed by a similar process, which are original within the meaning of the first sentence, are protected as a photographic work. '

5. Paragraph 2 (5) reads as follows:

"(5) A assembly, such as a journal, encyclopedia, anthology, band, exhibition or other set of independent works or other elements, which, by means of the selection or organisation of content, fulfils the conditions laid down in paragraph 1, is a package."

6. In Article 3, at the end of point (b), the comma is replaced by a dot and point (c) is deleted.

7. In Article 5 (2), the words "as a whole 'are deleted.

8. In Paragraph 9 (4), the words "special legislation or this legislation 'are deleted.

9. Paragraph 9 (5) is deleted.

10. In Article 11 (2), the words "and other uses' shall be inserted after the words" on publication 'and at the end of the text of the paragraph, the words "where copyright is customary in such use' shall be added.

11. in Article 11 (5), the words "if normal," shall be inserted after the words "its value and";

12. In Paragraph 12 (1), the words "in the original or other processed or otherwise modified form, separately or in a file or in conjunction with another piece or element," shall be inserted after the words "use your work."

13. In Paragraph 12, the sentence "Works may be used in other ways than those referred to in paragraph 4 shall be added at the end of paragraph 5. '

14. In Paragraph 13 (1), the words "or parts thereof 'and the words" for the purpose of making the work available through such copies' are deleted after the words "copies of the work '.

15. in Paragraph 14 (2):

"(2) The first sale or other first transfer of the title to the original or to a copy of the work in tangible form, carried out by the author or with his consent in the territory of a Member State of the European Communities or of another Contracting Party to the Agreement on the European Economic Area, is exhausted in relation to such original or copy of the work by the author for the territory of the European Communities and of the other Contracting Parties to the Agreement on the European Economic Area; the right to rent a work and the right to lend a work remains intact. ';

16. In Article 15, the words "in material form 'and the words" for temporary personal use' are replaced by "for a fixed period '.

17. In Article 16, the words "in material form 'and the words" for temporary personal use' are replaced by the words "for a fixed period '.

18. In Article 17, the last sentence is deleted.

19. in Paragraph 18 (2), the word "to the public" shall be inserted after the words "also making the work available."

20. In Article 18, the following paragraph 4 is added:

"(4) By communicating the work to the public in accordance with paragraphs 1 and 2, the author's right to communicate the work to the public shall not be exhausted. ';

21. in Article 21 (2) and (3):

"(2) In this law, the cooperative means satellites operating on frequency bands which are:

(a) under specific telecommunications legislation reserved for broadcasting signals received by the public; or

(b) reserved for closed communications from one point to another where the circumstances in which the individual reception occurs are comparable to those referred to in (a).

(3) The transmission by satellite referred to in paragraph 1 shall mean the indication of signals bearing sounds or images and sounds or their expression intended to be received by the public on an uninterrupted communication chain to and from the satellite, under the direction and responsibility of the transmitter. Where signals bearing characters, sounds or images are encoded, they shall be transmitted by the work referred to in paragraph 1 if the transmitter or, with its consent, the means of uncoding are provided. ';

22. Paragraph 21 (5) to (7) reads as follows:

"(5) The transmission of the work by satellite shall take place on the territory of the Member State of the European Communities or of another Contracting Party to the Agreement on the European Economic Area where the signals bearing sounds or images and sounds or their expression intended for reception by the public are placed under the direction of the broadcaster and under his responsibility on an uninterrupted chain of communication towards and from the satellite.

(6) Where satellite broadcasting takes place in the territory of a State which does not provide a level of copyright protection at least comparable to that provided for in this Act, satellite broadcasting shall be deemed to have taken place in the territory of that Member State of the European Communities or another Contracting Party to the Agreement on the European Economic Area where:

(a) the stations from which the signals bearing sounds or images and sounds or their expression intended for reception by the public are transmitted to the satellite; or

(b) the transmitter is established if the facts referred to in (a) are not given.

The right to broadcast by satellite may be exercised against the person operating the station referred to in (a) or against the transmitter referred to in (b).

(7) Where the signals bearing sounds or images and sounds or their expression intended to be received by the public are placed on a communication chain towards and from the satellite on the territory of a Member State which does not provide a level of copyright protection at least comparable to that provided for in this Act, and the station from which the transmission is carried out is not in the territory of another Member State of the European Communities, the broadcasting of the work by satellite shall be deemed to have taken place in the territory of that Member State of the European Communities where its managing authorities are located by the broadcaster at whose initiative the broadcast takes place. Rights under this law may then be exercised against such a broadcaster. '

23. in Paragraph 22 (2), the words "the second sentence" shall be inserted after the words "Paragraph 21 (3)."

24. In Article 22 (3), the word "analogue 'is inserted after the word" non-coded', the word "commercial 'is deleted and the words" for direct or indirect economic or commercial benefit' are added at the end of the text of the paragraph.

25. Sections 24 and 25, including the headings, read:

„§ 24

Right of reward for resale of the original work of art

(1) Where the original of the work of art transferred by its author to the ownership of another person is further sold at a purchase price of EUR 1 500 or more, and where such sales as the seller, buyer or intermediary participate in the gallery operator, auctioneer or other person who continuously trades in works of art (the trader), the author shall be entitled to the remuneration set out in the Annex to this Act in respect of each resale of the work.

(2) The person liable to pay the remuneration referred to in paragraph 1 to the relevant collective administrator shall be the seller and the trader jointly and severally. The collective administrator shall be obliged to allow obliged persons to access the register in accordance with Article 100 (1) (e).

(3) The original of the work of art referred to in paragraph 1 shall mean the work of art, in particular painting, painting, painting, collage, sculpture, engravings, lithography or other graphic material, photographs, tapestries, ceramics, glass and authorial jewellery, provided that they are made by the artist himself or by copies which are considered to be original works of art. Variations which are considered to be the original work of art are such copies which have been made in a limited number by the author himself or under his direction and are numbered, signed or otherwise properly declared authentic by the artist. The right to the remuneration referred to in paragraph 1 shall not apply to architectural works expressed in terms of construction, works of used art, unless they fulfil the characteristics of the original work of art, and the manuscripts of composers and writers.

(4) The right of remuneration referred to in paragraph 1 shall not apply to the first resale where the seller has obtained the original work of art directly from the author less than three years before such resale and the purchase price of the original work on resale 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 appropriate remuneration, the purchase price shall be the price excluding value added tax.

(6) The author and the collective administrator shall be entitled to any information from the trader necessary to ensure payment of the remuneration referred to in paragraph 1 for a period of three years from the date of the sale. A trader who, pursuant to paragraph 1, participates in the sale of the original work of art shall notify such sale to the competent collective administrator no later than the end of the month of January of the calendar year following that in which the sale took place. The notice referred to in the preceding sentence shall contain a specification of the originals of works of art sold and an indication of the actual selling price. The remuneration shall be payable on the basis of the bill of account of the collective administrator within a time limit which may not be less than 30 days, unless the collective administrator and the trader are otherwise assessed.

§ 25

Right of remuneration in connection with the reproduction of work for personal use and own internal needs

(1) For published works which can be reproduced

(a) for the personal use of a natural person or of his own internal use of a legal person or of an operating natural person (Sections 30 and 30a), by means of an apparatus for making printing copies of paper or similar background; or

(b) for the personal use of a natural person (§ 30) on the basis of sound, sound or other recording or radio or television broadcasting by means of an apparatus for the unrecorded medium of the record;

the author has the right to remuneration in connection with such reproduction of the work.

(2) The person obliged to pay the remuneration referred to in paragraph 1 to the competent collective administrator shall be:

(a) the manufacturer of copies of the records, the importer of such devices from third countries ("importer") or the consignee of such devices from the Member States of the European Communities ("consignee");

(b) the manufacturer, importer or consignee of the printing press;

(c) the manufacturer, importer or consignee of unrecorded means of recording;

(d) the carrier or consignor instead of the person required under points (a) to (c), unless the information required to determine the identity of the importer, the consignee or the manufacturer is communicated without undue delay on a written invitation from the relevant collective administrator;

(e) the provider of reproduction services for consideration in respect of print copies (§ 30a); the provider of the reproduction services in return for payment shall also be the one who makes available, in return for payment, the apparatus for making print copies.

(3) The remuneration payable by persons referred to in paragraph 2 (a) to (d) in connection with the reproduction of the work for personal use is payable to the author on importation, acceptance or first sale.

(a) instruments for making copies of records;

(b) printing equipment;

(c) unrecorded means of recording.

(4) The remuneration payable by the person referred to in paragraph 2 (b) is, depending on the likely number of apparatus intended for making copies of works under Paragraph 30a. For the calculation of the remuneration of apparatus intended to make copies of works, the likely number of such instruments shall be set at 20%. The remuneration shall be determined on the average price of the apparatus excluding value added tax.

(5) The remuneration payable by the person referred to in paragraph 2 (e) is, depending on the likely number of printed copies of the works made in accordance with Paragraph 30a. The rules set out in points 6 and 7 of the Annex to this Act shall apply to the calculation of the remuneration of printed works produced.

(6) The persons referred to in paragraph 2 shall be required to submit to the competent collective administrator, on a yearly basis and at the latest by the end of the following calendar month, information on the facts relevant to the level of remuneration, in particular the type and number of duplicated, imported or received duplicating machines, duplicating machines and unrecorded means of recording, as well as the total number of duplicates made on duplicating machines.

(7) The Ministry of Culture (hereinafter referred to as "the Ministry") shall, by decree, determine the types of apparatus for making print copies and the types of unrecorded medium of records from which the remuneration referred to in paragraph 1 is payable and the level of the flat-rate remuneration by type of apparatus for making print copies and type of unrecorded medium of records. In addition, the decree shall specify the types of apparatus for making copies of the records from which the remuneration referred to in paragraph 1 shall be paid; the amount of such remuneration shall be as set out in the Annex hereto.

(8) The remuneration shall not be paid in the case of the export or dispatch of the instruments referred to in paragraph 3 (a) and (b) for the purpose of resale and export or dispatch of unrecorded means of recording for the purpose of resale. In addition, the remuneration shall not be paid on instruments and non-recorded media if they are only used in the domestic territory to reproduce works on the basis of licence agreements by persons in their own activities. ';

26. in Paragraph 26 (2), the words "If the property rights of the State are thus the same" shall be replaced by the words "If the property rights are thus inherited by the State or the State."

27. In Paragraph 26, the following paragraph 3 is inserted after paragraph 2:

"(3) If a legal person who has inherited property rights to work, without a legal successor, falls under those rights of the State. The provisions of paragraph 2 of the second and third sentences shall apply mutatis mutandis. ';

Paragraph 3 shall become paragraph 4.

28. In Article 26 (4), the words "of which no heir shall be acquired 'are replaced by the words" of paragraphs 2 and 3'.

29. In Paragraph 27, the sentence "The provisions of this paragraph shall also apply to collective works (Paragraph 59), except where the authors who created the work as such are designated as authors at the work or on the work when it is made available to the public; in such cases, the duration of the property rights to the collective part shall be governed by the provisions of paragraph 1 or 2. ';

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

31. In Part One, Title I, Part 4, including the title and footnote 4:

„Díl 4

Exceptions and restrictions on copyright law

Oddíl 1

General provisions

§ 29

(1) Exceptions and restrictions on copyright may be applied only in the specific cases provided for in this Act and only where such use of the work is not contrary to and is not unduly affected by the legitimate interests of the author in the normal way of using the work.

(2) Free use and statutory licences, with the exception of official and intelligence licences (§ 34), school work licences (§ 35 (3)), temporary copies (§ 38a), photographic design licences (§ 38b) and licences for non-essential secondary use of the work (§ 38c), apply only to the work published.

Oddíl 2

Free use and legal licences

§ 30

Free use

(1) The use of a work under this Act shall not be regarded as a use for the personal use of a natural person whose purpose is not to achieve direct or indirect economic or commercial gain, unless otherwise provided for by that law.

(2) Thus, the copyright does not interfere with anyone who makes a record, copy or imitation of the work for his personal use.

(3) Unless otherwise provided for in this Act, the use of a computer program or electronic database under this Act shall also be for the personal use of a natural person or the internal need of a legal person or of an undertaking natural person, including the making of copies of such works, and for such use; It is also the use of this law to make copies or imitation of the work by architectural construction, including for the personal use of a natural person, or for the internal use of a legal person or an undertaking natural person (§ 30a), and the acquisition of a record of an audiovisual work in the course of its operation from the record or transmission (§ 20) and for the personal use of a natural person.

(4) The propagation or imitation of a work of art made for the personal use of a natural person referred to in paragraph 1 shall always be clearly marked as such.

(5) The propagation or imitation of a work of art made for the personal use of a natural person referred to in paragraph 1 shall not be used for any purpose other than that referred to therein.

(6) Paragraph 25, 43 and 44 are not affected by paragraph 1.

§ 30a

Reproduction on paper or similar backing

(1) Copyright does not interfere

(a) any natural person who, for his personal use,

(b) a legal person or an undertaking natural person who, for his own internal use,

(c) the person who ordered for the personal use of the natural person,

(d) by the person who ordered for his own internal use the legal person or the natural person doing business

make a printing copy of the work on paper or a similar background by means of photographic techniques or by any other process having similar effects, except in the case of a recorded record of the work made by music or music, and in the cases referred to in points (c) and (d), pay the remuneration provided for in Paragraph 25 in due time.

(2) Paragraph 30 (4) to (6) shall apply mutatis mutandis.

§ 30b

The copyright law does not interfere with those who use the work in connection with the presentation or repair of the device to the customer to the extent necessary.

§ 31

Quotation

(1) The copyright does not affect those who:

(a) use to a reasonable extent extracts from published works of other authors in their works;

(b) use extracts from work or small works for the purposes of criticism or review relating to such work, scientific or professional creation and such use shall be in accordance with fair practice and to the extent required for a specific purpose;

(c) it shall use the work for an illustration purpose or for scientific research whose purpose is not to achieve direct or indirect economic or commercial benefits and shall not exceed the scope corresponding to the intended purpose;

However, it is always necessary to state, if possible, the name of the author, if not anonymous, or the name of the person under whose name the work is published, and the name of the work and the source.

(2) Nor does copyright affect those who continue to use extracts of work or small works quoted in accordance with paragraph 1 (a) or (b); the provisions of paragraph 1 of the part of the sentence after the semicolon shall apply mutatis mutandis.

§ 32

Promotion and sales of art works exhibition

(1) Copyright does not interfere with those who use such works to promote the exhibition or sale of originals or copies of works of art to the extent necessary to promote such an event, except for any other use for direct or indirect economic or commercial benefit. If this is usual, the name of the author shall be indicated, not of the work anonymous, or the name of the person under whose name the work is made public, and the name of the work and the source.

(2) In accordance with paragraph 1, the catalogue of works exhibited may be further used.

§ 33

Use of a work located in a public area

(1) The copyright does not interfere with anyone who records or otherwise expresses a work which is permanently located in a square, street, park, public road or other public space by drawing, painting or graphic, photograph or film; the copyright does not interfere with anyone who further uses the work so expressed, captured or recorded. If possible, the name of the author, if not anonymous, or the name of the person under whose name the work is made public, as well as the name of the work and the location.

(2) Paragraph 1 shall not apply to the acquisition of a copy or imitation of a work by architectural construction and to the reproduction or extension of the work by means of a three-dimensional copy.

§ 34

Official and intelligence licence

The copyright does not interfere with those who use

(a) to the extent justified, work on the basis of a law for public security purposes, for judicial or administrative proceedings or for other official purposes, or for parliamentary proceedings and the acquisition of a record thereof;

(b) work in connection with reporting on current events to the extent appropriate to the information purpose;

(c) to the extent appropriate, works in periodicals, television or radio or other mass media making available news on current matters of political, economic or religious, already published in another mass media or translation thereof; The work taken over and its translation can be used in other ways. However, taking over or other subsequent use under this provision shall not be permitted if prohibited,

(d) political expression or extracts of public lectures or similar works to the extent appropriate to the information purpose; the author's right to use such works in the file remains intact;

in the cases referred to in points (b) to (d), the name of the author shall always be indicated, if not the work being anonymous, or the name of the person under whose name the work is disclosed to the public, and the name of the work and the source, unless it is impossible in the cases referred to in points (b) and (d).

§ 35

Use of the work in the framework of civil or religious ceremonies or in the framework of official events organised by public authorities, school performances and use of the work of the school

(1) Copyright does not affect those who, for the purposes of direct or indirect economic or commercial gain, use the work in civil or religious ceremonies or official events organised by public authorities.

(2) The copyright law does not interfere with those who, not for the purposes of direct or indirect economic or commercial benefit, use the work in school performances where only pupils, students or teachers of the school or of the school or educational establishment act.

(3) It also does not interfere with the copyright of a school or a school or educational establishment, if not for the purpose of direct or indirect economic or commercial benefit to teaching or for its own internal needs, a work created by a pupil or student to fulfil the school or educational obligations arising from its legal relationship with a school or educational establishment (school work).

(4) Paragraph 31 (1) of the part of the sentence behind the semicolon shall apply mutatis mutandis to paragraphs 1 to 3.

§ 36

Restriction of copyright to the package

The author's right to a package shall not be affected by a authorized user of a package if he uses such a piece for the purpose of accessing its content and for the normal use of its contents.

§ 37

Library licences

(1) The library, archive, museum, gallery, school, college and other non-profit educational and educational facilities (4) does not interfere with copyright law,

(a) making copies of works which do not serve direct or indirect economic or commercial purposes for their archiving and preservation needs;

(b) making a copy of a work the copy of which has been damaged or lost and which can be ascertained by reasonable effort that it is not offered for sale or a copy of a small part of the work which has been damaged or lost; it may also lend such a copy of it as provided for in paragraph 2;

(c) making available the work, including the production of a copy thereof, necessary for such disclosure as is part of its collections and the use of which is not subject to the conditions of sale or licensing, with the exception of the disclosure of the work in the manner set out in Paragraph 18 (2), to individuals by means of designated technical facilities located in its premises, solely for the purposes of research or private studies of such persons, and to prevent such persons from making copies of the work; Article 30a (1) (c) and (d) shall be without prejudice to this;

(d) lend originals or copies of defended diplomas, rigorously, dissertation and habilitation work on the spot, solely for research or private studies, unless such use has been ruled out by the author.

(2) A person referred to in paragraph 1 shall not intervene in copyright if he lends originals or copies of the works issued, provided that a remuneration is paid to the authors from the person and at the level specified in the Annex to this Act. The author does not have the right to be rewarded in the case of lending published works pursuant to this paragraph on the spot or if they lend originals or copies of published works of the school and university libraries, the National Library of the Czech Republic, the Moravian Regional Library in Brno, the State Technical Library, the National Medical Library, the National Education Library of the Comenius, the Library of the Institute of Agricultural and Food Information, the 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 audio or audio image records, unless they are on-site lending. The person referred to in paragraph 1 shall avoid the possibility of obtaining a copy of the work recorded on the audio or audio image record when lending it.

(4) The copyright shall not affect the person referred to in paragraph 1 who, for the purpose of offering to lend and making available the content of his collections, uses a copy of the work or part thereof contained on the envelope, including, where appropriate, the thematic content of the work in the catalogue of collections; This catalogue of collections may also be made available to the public if it prevents a copy of the work of art which could be used for direct or indirect economic or commercial purposes. The person referred to in paragraph 1 shall always indicate in the catalogue of collections the name of the author, if possible and not anonymous, or the name of the person under whose name the work is published.

(5) The person referred to in paragraph 1 shall, if it can be reasonably requested to do so, submit to the competent collective administrator, at the latter's request, information on the number of borrowings made and the information necessary for the breakdown of the remuneration by the collective administrator at the latest by the end of the following calendar month.

§ 38

Licences for disabled persons

(1) The copyright does not affect those who:

(a) solely for the needs of the disabled, to the extent appropriate to their disability and not for the purposes of direct or indirect economic or commercial gain, produce or produce a copy of the work rendered; a copy of the work thus made may also be disseminated and communicated by it, unless it is for the purpose of direct or indirect economic or commercial benefit;

(b) provide the audio component of the audio-visual recording of the audiovisual work solely for the needs of the visually impaired and not for the purposes of direct or indirect economic or commercial benefit by verbal expression of the image component; the audio component of the audio-visual recording of the audiovisual work so supplemented may also be reproduced, disseminated and communicated by the audio-visual recording system, provided that it does not do so for the direct or indirect economic or commercial benefit.

(2) The person referred to in Paragraph 37 (1) does not also intervene in copyright law if he lends originals or copies of published works for the needs of the disabled in connection with their disability.

(3) Paragraph 30 (5) shall apply mutatis mutandis.

§ 38a

Licences for temporary copies

(1) The copyright does not interfere with those who carry out temporary acts of reproduction of works which are transient or subsidiary, forming an integral and necessary part of the technological process, have no independent economic significance and are the sole purpose of enabling them to:

(a) the transfer of the work by an intermediary of a computer or similar network between third parties; or

(b) the legitimate use of the work.

(2) If the author grants a licence to broadcast the work by contract, he shall not interfere with his copyright by radio or television broadcaster, who shall make a temporary record of the work by his own means and for his own transmission.

§ 38b

License for photographic image

The copyright does not interfere with anyone who makes a copy of a photographic work which is his likeness and which he has ordered in return; a copy of such a copy may be used by the person shown and not employed unless such use is prohibited.

§ 38c

Non-essential secondary use of the work

The copyright does not interfere with anyone who accidentally uses the work in connection with the intended main use of another work or element.

§ 38d

License for works of art and architectural works

Copyright does not interfere with those who

(a) lease, lend or display the original or a copy of the work of the art used, expressed in utility form or the architectural work expressed in construction;

(b) propose or make an amendment to the completed construction, which is an expression of the architectural work, to the extent strictly necessary and while preserving the value of the work; If this is justified by the importance of the architectural work and if it is to be reasonably required of it, it is obliged to inform the author in advance of its intention and provide him, upon request, with documentation of the construction, including a picture, describing the state before making the changes.

§ 38e

Licences for social facilities

It also does not interfere in copyright law with medical or social facilities which have not been set up or established for the purpose of making profits, in particular hospitals and prisons which make records of posted works and operate such recorded works to persons located in such establishments to the extent appropriate to the purpose of this licence. The right to remuneration under Paragraph 25 is not affected.

Citation	Act No. 216 / 2006 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, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	22.05.2006
Effective from	22.05.2006
Effective until	-
Status	Valid

Act No. 216 / 2006 Coll.

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

Contents