Act No. 228 / 2014 Coll.
Act amending Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on Amendment to Certain Laws (Copyright Act), as amended, and Act No. 151 / 1997 Coll., on Valuation of Assets and on Amendment to Certain Laws (Law on Valuation of Assets), as amended
Valid
Law
Effective from 07.11.2014
Text versions:
07.11.2014
23.10.2014
228
THE LAW
of 23 September 2014
amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended, and Act No. 151 / 1997 Coll., on the valuation of property and on the amendment of certain laws (Law on the valuation of property), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of copyright law
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., amended as follows:
1. In Section 1 of the introductory part of the provision, the words "European Community1) 'are replaced by the words" European Union1)'.
Footnote 1:
"(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 (codified version). 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 (codified version). Directive 2009 / 24 / EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programmes (codified version). 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. ';
2. In Article 14 (2), the words "Member State of the European Communities or other Contracting Parties to the Agreement on the European Economic Area 'are replaced by the words" one of the Member States of the European Union or one of the States constituting the European Economic Area' and the words "the European Communities and the other Contracting Parties to the Agreement on the European Economic Area 'are replaced by the words" Member States of the European Union and States constituting the European Economic Area'.
3. In Article 21 (5) and (6), the words "Member State of the European Communities or other Contracting Party to the Agreement on the European Economic Area 'shall be replaced by the words" Member States of the European Union or States of the European Economic Area'.
4. In Article 21 (7), the words "another Member State of the European Communities' are replaced by the words" one of the Member States of the European Union or one of the States of the European Economic Area 'and the words "such Member State of the European Communities' are replaced by the words" one of the Member States of the European Union or one of the States of the European Economic Area '.
5. in Articles 24 (1), 25 (7) and 37 (2), first sentence, the words "Annex" are replaced by the words "Annex No 1."
6. in Paragraph 25 (2) (a), the words "Member States of the European Communities" shall be replaced by the words "one of the Member States of the European Union or one of the States constituting the European Economic Area."
7. In Paragraph 25 (5), the word "Annex 'is replaced by" Annex No 1'.
8. In Paragraph 27, the following paragraph 6 is inserted after paragraph 5:
"(6) The duration of the property rights to the musical part with text, if both works were created for use in conjunction, ends, even if it is not the work of co-authors (§ 8), 70 years after the death of the last survivor of the following persons: the author of the text and author of the musical work. The first sentence shall apply mutatis mutandis to the work of musical drama. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
9. In Paragraph 27, the following paragraph 9 is added:
"(9) The provisions of paragraphs 1 to 8 shall apply mutatis mutandis to determine the duration of the property rights to the orphan part; paragraph 3 shall apply mutatis mutandis to works the author of which is not specified. ';
10. Part 1, Title In Part 3, the following Section 7 is inserted after Section 6:
The orphan's work
(1) The work referred to in Article 2 shall be deemed to be orphaned, unless its author is designated, or even if it is designated, it shall not be found even after a thorough search has been carried out in accordance with Article 27b, recorded in the manner laid down by this law.
(2) If the author's right to the work of more than one author and if not all authors are designated, or even when they are designated, are not found even after a thorough search according to § 27b, recorded in the manner laid down by this Act, the work shall be deemed to be orphan as regards the rights of authors who are not designated or found. As regards authors who are identified and found, Article 12 shall apply in relation to their rights.
(3) All works of the author shall be deemed to be orphan in accordance with paragraph 1, unless proven otherwise.
(4) The work shall not be considered orphan if the conditions referred to in paragraph 1 are no longer met. The author is entitled to terminate orphan work status at any time by announcing in writing his copyright to the collective administrator leading the relevant orphan works register under this Act. If the orphan works are used in accordance with § 37a, the author shall terminate the orphan works by giving written notice to the person who used the work in accordance with § 37a (1). As regards the work referred to in paragraph 2, first sentence shall apply mutatis mutandis to its authors who are not identified or found.
(5) The works referred to in Article 37a (1) to (4) which are deemed to be orphaned pursuant to paragraphs 1 to 4 in one of the Member States of the European Union or in one of the States constituting the European Economic Area shall be considered to be orphan and may be used in accordance with Article 37a in all Member States of the European Union and in all States constituting the European Economic Area.
(1) A thorough search to determine whether the work is orphaned shall be carried out before the work is used by consulting the appropriate sources of information relevant to each type of work in order to identify or find the author, either from the Member States of the European Union or from the States forming the European Economic Area where the work was first published or broadcast. In the case of a cinematographic or audiovisual work, the manufacturer of which has his registered office or habitual residence in one of the Member States of the European Union or in one of the States forming the European Economic Area, a thorough search shall be carried out in that Member State of the European Union or in that State constituting the European Economic Area where the manufacturer has his registered office or habitual residence. In the cases referred to in Article 37a (3), a thorough search shall be carried out either from the Member States of the European Union or from the States forming the European Economic Area where the person who published the work is established.
(2) Where there is evidence to suggest that significant information on the author could be found in other than paragraph 1 of those States, the sources of information available in those other States shall also be used.
(3) The list of information sources for the consistent search to be consulted is set out in Annex 2 to this Act. "
Section 7 is renumbered Section 8.
11. in Article 28 (3), "§ 27 (7)" is replaced by "§ 27 (8)";
12. The following Section 37a is inserted after Section 37, including the title and footnote 14:
Licences for certain uses of orphan works
(1) The copyright does not affect the person referred to in Paragraph 37 (1) who exclusively seeks to achieve the objectives of his or her mission in the public interest
(a) reproduce, for the purposes of digitisation, making available in the manner referred to in Paragraph 18 (2), indexation, cataloguing, preservation or renewal of an orphan's work in the form of a book, magazine, newspaper or other document or an orphan's or an orphan's work of cinematographic or audiovisual work and which is part of its collections or archives; or
(b) make the work referred to in (a) available in the manner set out in Paragraph 18 (2).
(2) In copyright, the broadcaster does not interfere with the law, which solely in order to achieve the objectives of its mission in the public interest
(a) reproduce, for the purposes of digitisation, making available in the manner referred to in Article 18 (2), indexation, cataloguing, preservation or renewal of an orphan work of cinematographic or audiovisual works and is a work contained in its archive and produced by it or on its initiative before 31 December 2002; or
(b) make the work referred to in (a) available in the manner set out in Paragraph 18 (2).
(3) The provisions of paragraphs 1 and 2 shall apply to work first issued or, if it has not been issued, first broadcast in one of the Member States of the European Union or in one of the States constituting the European Economic Area. If such publication or broadcasting has not occurred and the work has been published by the person referred to in paragraph 1 or 2, with the consent of the author, these provisions shall apply to them if they are reasonable to assume that the author would not object to its use under paragraphs 1 and 2.
(4) The provisions of paragraphs 1 and 2 shall also apply to works incorporated or incorporated into, or forming an integral part of, an orphan work.
(5) When using an orphan work in the manner referred to in paragraph 1 or 2, revenue may be generated solely to cover the costs incurred in the digitisation and disclosure of orphan works.
(6) In order to determine whether the work is orphan, the person referred to in paragraph 1 or 2 shall ensure a consistent search in accordance with § 27b and keep records of its execution.
(7) Any use of an orphan's work shall require the person referred to in paragraph 1 or 2 to indicate the name of his author, if any.
(8) The persons referred to in paragraphs 1 and 2 are required to provide the Ministry in writing without undue delay
(a) the results of any consistent search on the basis of which they concluded that a particular work was considered to be orphan;
(b) information on the use referred to in paragraph 1 or 2;
(c) information on any change in the status of orphan work used or used by such persons in accordance with paragraph 1 or 2;
(d) its contact details.
(9) The Ministry shall transmit the results and information it receives under paragraph 8 without undue delay to the Office for Harmonization on the Internal Market (14).
(10) The author who has terminated the orphan's status under Paragraph 27a (4) has the right to remuneration against the person who has used the work in question under paragraph 1 or 2. In determining the amount of remuneration, account shall be taken of the purpose and circumstances of the use of the work and of the extent of the damage caused to the author by that use.
(11) The right to remuneration referred to in paragraph 10 shall be governed by the law of the State in which the person liable for payment of that remuneration is established.
14) Regulation (EU) No 386 / 2012 of the European Parliament and of the Council of 19 April 2012 conferring on the Office for Harmonization in the Internal Market (Trade Marks and Designs) tasks relating to the promotion of intellectual property rights, including the association of public-private representatives in the form of a European Centre for the Monitoring of Intellectual Property Rights. '
13. In Article 71, the following paragraph 4 is added:
"(4) An executive artist who has provided the phonogram manufacturer with an exclusive and unlimited licence to use his recorded performance for one-off remuneration shall be entitled to an annual additional remuneration. This remuneration shall be due to him for each year, starting from the calendar year immediately following the year in which the phonogram was lawfully issued, or, failing that, to the public. The rights to the annual additional reward cannot be waived by the performer. '
14. the following Sections 72a and 72b are inserted after Section 72, including the headings:
Withdrawal from the manufacturer's inaction contract
(1) If, after 50 years from the date on which the phonogram was lawfully issued, or if, in the absence of such publication, it has not been lawfully communicated to the public, the phonogram manufacturer does not offer copies of that record in material form for sale in sufficient quantities, or does not make that record available to the public in the manner set out in Paragraph 18 (2), the performer may notify the phonogram manufacturer in writing of the intention to withdraw from the contract by which he has been granted an exclusive and unlimited licence to use his recorded artistic performance. Such notification may be made not earlier than the first day of the calendar year immediately following the year in which the period referred to in the first sentence has expired. The right to withdraw from the contract may be exercised by the performer only if, within 1 year of the date on which the performer notified his intention to withdraw from the contract, the producer of the phonogram concerned did not use the record in the two ways indicated in the first sentence; withdrawal from the contract shall require in writing. This right cannot be waived by a performer.
(2) Where the phonogram contains a record of performance of several performers, those performers may withdraw from the contract referred to in paragraph 1. Paragraph 68 shall apply mutatis mutandis to the withdrawal of several performers from the contract referred to in paragraph 1.
Measures to balance contractual relations
Where the performer has granted an exclusive and unlimited licence to the producer of the phonogram for the use of his recorded performance and is entitled to periodic payment of remuneration under that contract, starting on the first day of the calendar year immediately following the year in which the phonogram has expired for 50 years from the date on which the phonogram was lawfully issued or, if it has not been issued, lawfully communicated to the public, the producer of the phonogram shall not reduce any advance payments previously paid to the performer or any contractually agreed deductions. ';
15.
Duration of the property rights of the performer
The property rights of an executive artist shall last 50 years from the creation of performance. However, if it has been lawfully issued or lawfully communicated to the public during that period,
(a) other than an audible record of performance, the rights of the performer shall cease in 50 years from the date on which the first authorised release or communication to the public of such an alert took place, whichever is earlier; or
(b) the phonogram of execution shall cease to exist for 70 years from the date on which the first authorised release or communication to the public of such an alert took place, whichever is earlier. ';
16. in § 74, "§ 27 (7)," is replaced by "§ 27 (8), § 27a, § 27b,"
17. The following Section 76a is inserted after Section 76:
Obligations of the phonogram manufacturer in relation to the annual additional remuneration
(1) In respect of the payments of the annual additional remuneration referred to in Article 71 (4), the phonogram manufacturer shall allocate an amount of 20% of the revenue received during the calendar year preceding the year for which the remuneration is due from the reproduction, dissemination and making available to the public in the manner referred to in Article 18 (2) of the phonogram after 50 years of the date on which the phonogram was lawfully issued, or, if it has not been lawfully disclosed to the public for such publication. The revenue referred to in the first sentence shall mean the revenue of the phonogram manufacturer before deducting costs.
(2) The manufacturer shall, upon request, provide the performer who is entitled to the annual additional remuneration and the competent collective administrator with all the information necessary to ensure payment of the remuneration.
(3) The manufacturer shall pay the amount allocated in accordance with paragraph 1 to the competent collective administrator, who shall pay the annual additional remuneration to individual authorised performers, no later than 31 March of the calendar year following the year for which the remuneration is due.
(4) Revenue from payments made to the collective administrator pursuant to paragraph 3, which will not be able to be paid in a reasonable effort within 3 years of their receipt, shall become the income of the State Fund of Culture of the Czech Republic. "
18. In the second and last sentences of Paragraph 77, "50 'is replaced by" 70'.
19. The following Section 77a is inserted after Section 77:
If there has been a withdrawal from the contract pursuant to § 72a, the right of the audio recording manufacturer to make an audio recording shall cease. '.
20. in § 78, 82, 86 and in § 94 (1), the words "§ 27 (7)," shall be replaced by the words "§ 27 (8), § 27a, § 27b."
21. in the last sentence of Paragraph 87, "§ 27 (7)" is replaced by "§ 27 (8)";
22. In Paragraph 96, at the end of paragraph 1, the dot is replaced by a comma and the following point (d) is added:
"(d) the right to the annual additional remuneration provided for in Article 71 (4)."
23. in Article 100 (1) (f), the words "to which they collectively manage" shall be replaced by the words "and the register of orphan items of protection to which they collectively manage" and the word "register" shall be replaced by the word "registers."
24. In Article 100 (6), at the end of the text in point (b), the words "including the frequency of use of accommodation in order to obtain the benefit of the subject-matter 'shall be added.
25. The Annex shall be renumbered "Annex No 1 'and Annex No 2 shall be added, including the title:
"Annex No 2
List of information sources for a consistent search which must be checked to establish the identity of the author or other rightholder of the orphan or rightholder of another orphan subject of protection, or their residence or residence
The information sources referred to in Article 27b (3) are:
1. in the case of non-periodic publications issued:
(a) catalogues of the National Library of the Czech Republic, the National Archive and Foreign Libraries or institutions of similar importance;
(b) the resources of the association of publishers and authors in the relevant State;
(c) existing WATCH databases and registers (Writers, Artists and Their Copyright Holders) and ISBN (International Standard Book Number) and published book databases,
(d) registers of the relevant collective administrators, in particular collective administrators managing the right of reproduction;
(e) resources linking databases and registers, including VIAF (Virtual International Authority Files - Virtual International Authority Lists) and ARROW (Accessible Registers of Rights Information and Orphan Works),
(f) a list of authors whose property rights have been inherited by the State or whose property rights have been acquired by the State Fund of Culture of the Czech Republic;
(g) subtitles and other information provided in non-periodic publications issued,
(h) compulsory copies;
2. in the case of periodical printing
(a) catalogues of the National Library of the Czech Republic, the National Archive and Foreign Libraries or institutions of similar importance;
(b) ISSN registry (International Standard Serial Number),
(c) resources of associations of publishers, authors and journalists in the relevant State;
(d) registers of the relevant collective administrators, including collective administrators managing the right of reproduction;
(e) a list of authors whose property rights have been inherited by the State or whose property rights have been acquired by the State Fund of Culture of the Czech Republic;
(f) subtitles and other information in the periodical printing,
(g) compulsory copies;
3. in the case of works of art, including works of photographic, works of used art, works of architectural and other works of such works, which are contained in books, journals, newspapers and other periodicals or in other works
(a) the resources referred to in points 1 and 2;
(b) registers of relevant collective administrators, in particular collective administrators managing the rights of authors of works of art, including collective administrators managing the right to reproduction;
(c) photobank database;
(d) a list of authors whose property rights have been inherited by the State or whose property rights have been acquired by the State Fund of Culture of the Czech Republic;
(e) subtitles and other information on the work or on the cover of the work;
4. in the case of audiovisual works, works of audiovisual use and phonograms
(a) catalogues and mandatory archiving copies of the National Film Archive, the National Archive and foreign institutions of similar importance;
(b) the resources of associations of producers of audiovisual works and phonograms established in the State concerned;
(c) databases of institutions responsible for film or audio heritage and national libraries,
(d) databases with relevant standards and identifiers such as ISAN (International Standard Audiovisual Number) for audiovisual material, ISWC (International Standard Music Work Code) for music works and ISRC (International Standard Recording Code) for audio recording,
(e) registers of relevant collective administrators, in particular collective administrators representing authors, performers, phonograms producers and phonograms producers;
(f) databases of other major associations representing certain categories of rightholders,
(g) lists of rightholders whose property rights have been inherited by the State or whose property rights have been granted by the State Fund for Culture of the Czech Republic or the State Fund for Cinematography;
(h) subtitles and other information appearing on the cover of the work. ';
Transitional provisions
1. Paragraph 27 (6) of the Act No. 121 / 2000 Coll., as effective from the date of entry into force of the Act, applies to musical works with a text and works of music which, in one of the Member States of the European Union or in one of the States forming the European Economic Area on 1 November 2013, are protected at least by a musical work or a text, or a libreto, and to musical works with a text which has been created since 1 November 2013. The first sentence shall be without prejudice to the use of musical works with a text and works of musical drama which took place by 1 November 2013 or to the rights acquired by third parties.
2. Unless otherwise expressly agreed in a contract which the performer has provided the producer of the phonogram with an exclusive and unlimited licence for the use of his recorded artistic performance and which was concluded by 1 November 2013, the contract shall be deemed to remain in force even after the date on which, pursuant to Article 73 of Act No. 121 / 2000 Coll., the property rights of the performer would cease to exist, as effective before the date of entry into force of this Act.
3. Paragraph 71 (4), § 72a to 73, § 76a to 77a and § 96 (1) (d) of Act No. 121 / 2000 Coll., as effective from the date of entry into force of this Act, shall apply to artistic performances recorded on the phonograms and phonograms, if they were protected by Act No. 121 / 2000 Coll., as effective before the date of entry into force of this Act, or were acquired after that date.
Amendment of the Asset Valuation Act
In Article 17 (3) (c) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended by Act No 121 / 2000 Coll., the words "50 years of duration of these rights' are replaced by the words" duration of those rights under the Copyright Act '.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 228 / 2014 Coll., amending Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Laws (Copyright Act), as amended, and Act No. 151 / 1997 Coll., on the Valuation of Assets and on the Amendment of Certain Laws (Law on Valuation of Assets), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2014 |
|---|---|
| Effective from | 07.11.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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