Act No. 237 / 1995 Coll.
Act on collective management of copyright and related copyright and amending and supplementing certain laws
Valid
Law
Effective from 01.01.1996
237
THE LAW
of 27 September 1995
on collective management of copyright and related copyright and amending and supplementing certain laws
Parliament has decided on this law of the Czech Republic:
Amendment and addition of Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended
Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll., Act No. 468 / 1991 Coll. and Act No. 318 / 1993 Coll., is amended as follows:
Article 13 (2) reads as follows:
"(2) Authors of works which, due to their nature, can be reproduced for their own personal use [Paragraph 15 (2) (a)] on the basis of:
(a) radio or television broadcasting; or
(b) a sound, image or audio image image produced and published by its manufacturer (§ 45)
by transferring technical equipment to unrecorded means of recording, they shall have the right to remuneration against manufacturers of such media or, where appropriate, their importers. The right to remuneration shall not apply in respect of unrecorded means of record for export or for the operational needs of natural or legal persons. ';
2. In Paragraph 13, the following paragraph 3 is inserted after paragraph 2, including footnote 5:
"(3) The authors of works which, due to their nature, can be reproduced for their own personal use (Article 15 (2) (a)) on the basis of printed matter (5) or their copies by means of a technical device on another material basis, shall be entitled to remuneration against producers of such equipment and, where appropriate, their importers.
5) § 1 of Act No. 37 / 1995 Coll., on Non-Periodic Publications. '
3. Paragraph 13 (3) becomes paragraph 4, which reads:
"(4) The rates of remuneration and compensation referred to in paragraphs 2 and 3, the method of payment and the allocation between the groups of beneficiaries, may be determined by the Ministry of Culture by decree."
4. In Paragraph 39 (1), "§ 13 (2) and (3) 'is replaced by" § 13 (2) to (4)' and "§ 16 (2) and (3) 'is replaced by" § 16'.
5. Paragraph 44 is deleted.
Amendment to Act No. 468 / 1991 Coll., on the Operation of Broadcasting and Television, as amended
Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended by Act No. 597 / 1992 Coll., Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll. and Act No. 40 / 1995 Coll., is amended as follows:
1. In Article 5 (f), the words "which have been granted the exclusive right to represent authors or performers in the exercise of law.2) 'are replaced by the words" which have been granted the right to exercise collective management of copyright and copyright of relatives .2)'.
2. in Paragraph 5 (f), footnote 2 shall read:
"2) § 2 of Act No. 237 / 1995 Coll., on the collective management of copyright and related copyright rights and amending and supplementing certain laws."
Amendment and addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 231 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 600 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 38 / 1994 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll. and Act No. 200 / 1994 Coll., is added as follows:
1. in Article 3 (1), the following point (b) is inserted after point (a):
"(b) the exercise of collective management of copyright and related copyright under a special regulation, 1a)
1a) Act No. 237 / 1995 Coll., on the collective management of copyright and related rights and on the amendment and addition of certain laws. '.
2. in Article 3 (1), points (b) and (c) shall be renumbered points (c) and (d).
Repeal
They shall be deleted:
1. Act No. 81 / 1957 Coll., on Music and Other Concert Activities, as amended by Act No. 127 / 1990 Coll. and Act No. 165 / 1992 Coll.,
2. Act No. 82 / 1957 Coll., on estates, artistic productions and folk entertainment, as amended by the Act of the Czech National Council No. 127 / 1990 Coll. and the Act of the Czech National Council No. 165 / 1992 Coll.,
3. Act of the Czech National Council No. 33 / 1978 Coll., on theatrical activities (theatrical Act), as amended by Act of the Czech National Council No. 122 / 1989 Coll., Act of the Czech National Council No. 127 / 1990 Coll., Act of the Czech National Council No. 425 / 1990 Coll. and Act of the Czech National Council No. 165 / 1992 Coll.,
4th Decree of the Ministry of Culture No. 196 / 1954 Ú. l., on the rates of operating royalties for the public non-theatre operation of musical works, as amended by Decree No. 183 / 1968 Coll.,
5th Decree of the Ministry of Culture of the Czech Republic No. 116 / 1991 Coll., which regulates the rates of awards of performers and compensation of producers of sound and visual images on public production through technical equipment,
6th Decree of the Ministry of Culture of the Czech Republic No. 117 / 1991 Coll., on the organisation of public production,
7. decree of the Ministry of Culture of the Czech Republic No. 241 / 1991 Coll., on the exclusive authorisation of certain organizations representing authors or performers.
Efficacy
This Act shall take effect on 1 January 1996.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended.
2) Article 31 of the Copyright Act.
3) For example, § 105 et seq., § 154 et seq., § 221 et seq., § 2 of Act No. 83 / 1990 Coll., on the association of citizens.
4) Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 117 / 1994 Coll.
5) Act No. 526 / 1990 Coll., on Prices, as amended by Act No. 135 / 1994 Coll.
6) Decree of the Ministry of Culture of the Czech Republic No. 241 / 1991 Coll., on the exclusive authorisation of certain organizations representing authors or performers.
7) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 237 / 1995 Coll., on the collective management of copyright and related copyright and on the modification and addition of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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