Act No. 249 / 2006 Coll.
Act amending Act No. 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other regulations, as amended
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Effective from 01.01.2007
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01.01.2007
31.05.2006
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249
THE LAW
of 25 April 2006
amending Act No 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other provisions, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 273 / 1993 Coll., on certain conditions of production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other regulations, as amended by Act No. 40 / 1995 Coll., Act No. 121 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 499 / 2004 Coll., is amended as follows:
1. Paragraph 1, including the title and footnotes 1, 1a, 2, 3 and 3a, reads as follows:
Basic concepts
For the purposes of this Act:
(a) the producer of the audiovisual work (1) (hereinafter referred to as the "producer"), a legal or natural person on whose initiative and under whose responsibility the recording of the audiovisual work was first acquired and who exercises rights to the audiovisual work under the special legislature1a);
(b) a Czech audiovisual work, the producer of which has or has had its registered office or permanent residence in the Czech Republic at the time of its publication (2); the Czech audiovisual work is also considered to be an audiovisual work, the production of which the producer, having or having its registered office or permanent place of residence in the Czech Republic, accounted for at least 20% of the total cost of production and which was created at the same time with the Czech creative or technical participation corresponding to at least 20% of the total cost of production ("co-producer '),
(c) audiovisual presentation of the public demonstration of the audiovisual work by means of technical equipment;
(d) by a distributor of an audiovisual work (hereinafter referred to as a distributor), a legal or natural person who, legally at the price negotiated (3), provides for the distribution of the audiovisual work to the bodies referred to in (e) to (g), to the extent that the manufacturer of the contracted rights to use the audiovisual work under specific legislation,
(e) by the organiser of the audiovisual performance (hereinafter referred to as "the organiser"), a legal or natural person who, under the negotiated price (3), is publicly performing the audiovisual work by means of a technical device;
(f) an operator of an audiovisual works store (hereinafter referred to as the "store operator") by a legal or natural person selling copies of audiovisual works to the public;
(g) an operator of an audiovisual works hire company (hereinafter referred to as the "rental operator") by a legal or natural person who, at the agreed price (3), rents copies of audiovisual works to the public;
(h) an audience entrepreneur, the person referred to in points (a), (d) and (e), who carries out business on the basis of a trade licence or special legislation (3a);
(i) a duplicate copy of the copy of the audiovisual work in the form of a positive copy intended to secure the original negative;
(j) a model undamaged copy of a copy of an audiovisual work which is balanced and undamaged;
k) hidden subtitles of text in the Czech language, which is synchronized with the audio track and captures, or identifies, both the spoken speech and other sounds that illustrate the situation and enable people with hearing disabilities to be oriented.
1) Paragraph 62 of Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Laws (Copyright Act).
(1a) Copyright Act.
2) Article 4 of the Copyright Act.
3) Article 2 of Act No. 526 / 1990 Coll., on Prices.
3a) Trade law. Act No. 483 / 1991 Coll., on Czech Television, as amended. '
2. The following Section 1a is inserted after Section 1, including footnote 4:
The Ministry of Culture (hereinafter referred to as "the Ministry") shall keep a register of entrepreneurs in the field of audiovision, a register of Czech audiovisual works and a register of non-Czech audiovisual works. The processing of personal data is governed by specific legislation4).
4) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '.
3.
"Registration
Each person shall have the right to inspect and obtain extracts or copies of the records kept by the Ministry pursuant to Section 1a. '
footnotes 4 and 5 are deleted.
4. The following Section 2a and 2b are inserted after Section 2, including footnotes 5, 6, 7 and 8:
(1) The competent trade office shall send to the Ministry, for the purposes of the registration of entrepreneurs in the field of audiovision, a copy of the trade certificate, its amendment, interruption and suspension of the business activity, the decision to revoke the trade licence and the decision that the trade licence is not to be declared).
(2) The Trade Union Office shall comply with the obligation laid down in paragraph 1 within 30 days of the date of issue of the trade mark, its amendment or the date of the decision.
(3) The Ministry shall record in the register of auditors within 15 days of the date of receipt of the information referred to in paragraph 1.
(1) The manufacturer of the Czech audiovisual work is obliged to send to the Ministry within 10 days before the publication date 2) the registration sheet of the Czech audiovisual work.
(2) The distributor, other than the Czech audiovisual work, is obliged to send to the Ministry, within 10 days before the publication date (2), a record sheet other than the Czech audiovisual work.
(3) The registration sheet of the Czech audiovisual work and the registration sheet other than the Czech audiovisual work must contain:
(a) the title of the audiovisual work;
(b) the name, if any, and surname, or pseudonym of the author of the audiovisual work and of the authors of the works of audiovisual use (6), if they are known and if the authors have not shown their willingness to publish the work without giving their names7);
(c) names and surnames or pseudonyms of performers (8);
(d) the business name, registered office or, where applicable, the address of the place of permanent residence and the place of business of the manufacturer, if registered in the business register, or its name or, where applicable, its names and surname, registered office or address of the place of permanent residence and the place of business, if not registered in the business register;
(e) the year of the initial recording of the audiovisual work;
(f) names and surnames or business name or names of persons involved in the production of the audiovisual work, where their presentation is customary;
(g) the content characteristics of the audiovisual work;
(h) the age limit for the accessibility of the audiovisual work (hereinafter referred to as the "accessibility limit") established by the manufacturer of the Czech audiovisual work or by the distributor, including a brief statement of the reasons for the restriction of accessibility;
(i) an indication of the language version of the audiovisual work;
(j) the duration of the audiovisual work in minutes;
(k) the technical parameters of the audiovisual work.
(4) Furthermore, the registration sheet of the Czech audiovisual work must contain as a percentage the share of individual producers in the total cost of production and the share of creative or technical participation.
(5) The Ministry will record the Czech audiovisual work in the registration of Czech audiovisual works and other than Czech audiovisual works in the register of non-Czech audiovisual works within 15 days of the date of delivery of the registration sheet of the Czech audiovisual work or the registration sheet of a non-Czech audiovisual work.
(6) If the registration sheet of the Czech audiovisual work does not contain the complete data referred to in paragraphs 3 and 4, the Ministry shall invite the manufacturer of the Czech audiovisual work to complete the registration sheet within 15 days of the date of receipt of the call.
(7) If the registration sheet other than the Czech audiovisual work does not contain the full information referred to in paragraph 3, the Ministry shall invite the distributor to complete the registration sheet within 15 days of the date of receipt of the call.
5) Trade law.
6) § 64 of the Copyright Act.
7) Article 7 of the Copyright Act.
8) § 67 of the Copyright Act. '.
5.
Labelling of audiovisual works
(1) The producer of the Czech audiovisual work or co-producer is obliged to ensure that the initial recording of the audiovisual work is accompanied by:
(a) the title of the audiovisual work;
(b) the name and, where appropriate, the name and surname, or pseudonym, of the author of the audiovisual work and of the authors of the works of audiovisual use (6), provided that they are known and that the authors have not shown their willingness to publish the work without giving their names7),
(c) names and surnames, or pseudonyms, of performers (8);
(d) the business name, registered office or, where applicable, the address of the place of permanent residence and the place of business of the manufacturer, if registered in the trade register, or its name or, where appropriate, its names and surname, registered office or address of the place of permanent residence and the place of business, if not registered in the trade register;
(e) the year of the initial recording of the audiovisual work;
(f) the names and surnames or business name of the persons involved in the production of the audiovisual work, where their presentation is customary.
(2) The distributor must ensure that copies of the audiovisual work contain the particulars referred to in paragraph 1.
(3) The distributor is obliged to ensure that copies of the audiovisual works are shown on the packaging or accompanying documents
(a) the title of the audiovisual work;
(b) the content characteristics of the audiovisual work;
(c) the limits of accessibility established by the manufacturer or distributor, including a brief statement of reasons for limiting accessibility;
(d) the business name, registered office or, where applicable, the address of the place of permanent residence and the place of business of the manufacturer, if registered in the trade register, or its name or, where appropriate, its names and surname, registered office or address of the place of permanent residence and the place of business, if not registered in the trade register;
(e) the business name, registered office or, where applicable, the address of the place of permanent residence and the place of business of the distributor, if registered, or its name or, where applicable, its names, and the surname, registered office or address of the place of permanent residence and the place of business, if not registered;
(f) the name and, where appropriate, the name and surname of the author of the audiovisual work,
(g) the year of initial recording of the audiovisual work;
(h) an indication of the language version of the audiovisual work;
(i) the duration of the audiovisual work in minutes;
(j) the technical parameters of the audiovisual work. "
6. The following Section 3a is inserted after Section 3, including the title:
Hidden subtitles
(1) The distributor of the Czech audiovisual work made available by means of copies with the possibility of setting subtitles is obliged to provide these copies with hidden subtitles for the needs of people with hearing disabilities. This does not apply to Czech audiovisual works which do not contain the spoken word.
(2) The distributor of the Czech audiovisual work made available by means of copies with the possibility of setting subtitles is required to mark these copies, their packaging and accompanying sheets with the inscription "Hidden subtitles." '
Article 7 (4) and (5), including the headings, read:
Accessibility boundary
(1) An audiovisual work, the content of which may jeopardise the physical, mental or moral development of children, must be marked before its publication (m2) by an accessibility limit of 15 or 18 years of age.
(2) The barrier of accessibility of the Czech audiovisual work, including the justification for the restriction of accessibility, is required by its producer or co-producer. The manufacturer is obliged to communicate the limits of accessibility of the Czech audiovisual work including a brief statement of the reasons for limiting accessibility to the distributor.
(3) The limits of accessibility other than the Czech audiovisual work, including the justification for the restriction of accessibility, are required by its distributor.
(4) The organiser shall ensure the publication by the manufacturer or distributor of a defined margin of accessibility in connection with the notification of the audiovisual performance and, when the audiovisual performance is held, ensure that the participation of persons who are subject to a possible restriction on the accessibility of the audiovisual work determined in accordance with paragraph 2 or 3 is excluded.
(5) An operator of a retail store or rental company shall not sell or rent a copy of an audiovisual work with limited accessibility to persons younger than that permitted by the restriction on the accessibility of the audiovisual work provided for in paragraph 2 or 3.
Advertising during audiovisual performance
The organiser shall ensure that the advertising published during the audiovisual performance is separated from the other content of the audiovisual performance and marked as advertising. ';
footnotes 6 and 7 are deleted.
8. in Article 6 (1), the words "as a state contribution organisation (8a)" shall be inserted after the word "Ministry."
Footnote 8a reads:
"8a) § 53 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended. § 54 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended. '
9. in Article 6 (2) and (3), including footnotes 10, 10a and 10b:
"(2) The Archive establishes, on the basis of contracts with persons exercising rights to the audiovisual part under the special legislation, a special fund of selected audiovisual works, which provides non-employment for the temporary use of civil associations (10), whose principal mission according to their statutes is to make audiovisual works accessible, as well as to medium and higher professional cinematography schools (10a) and film majority10b). The Archives shall be entitled to claim compensation in this connection for the costs effectively incurred.
(3) The Council of the State Fund of the Czech Republic for the Promotion and Development of Czech Cinematography (hereinafter referred to as "the Fund") 11 is the body responsible for which audiovisual works may become part of a special fund under paragraph 2.
10) Act No. 83 / 1990 Coll., on the association of citizens, as amended.
10a) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
10b) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. '
10.Paragraph 7 (1) reads as follows:
"(1) The manufacturer of the Czech audiovisual work is obliged to offer the Archive in writing to buy two new undamaged copies of the Czech audiovisual work in the quality of the initial record and the written and promotional materials for that work within 60 days of its publication 2). In case the Archive is interested, the manufacturer of the Czech audiovisual work is obliged to offer him one duplicate copy and one copy of the Czech audiovisual work and written and promotional materials for the work."
footnote 12 is deleted.
11. in Article 7 (3), including footnote 13:
"(3) The manufacturer of the Czech audiovisual work created using the contribution from the Fondu13) is obliged to provide the Archive with a model, undamaged copy of the Czech audiovisual work or a copy of it in the quality of the initial archiving record within 60 days of its publication 2).
"13) § 9 (1) of Act No. 241 / 1992 Coll. '.
12. Paragraph 7 (5), including footnote 14, is deleted.
13. the following Section 7a is inserted after Section 7, including the title:
Reporting obligation Archive
(1) The Archive shall immediately notify the competent regional authority in writing of the persons found to have breached the obligation under Article 7 (1) and (3). The notification shall state which person, when and how he has breached the obligation.
(2) At the call, the Archive shall submit to the Regional Office the necessary explanations or technical observations and transmit the documents relating to the notified infringements. '.
14. in Article 8, the words "audiovisual work" are deleted.
15. Article 9, 9a, 10 and 10a, including the headings and footnotes No 15 and 16, read:
Supervision
Supervision of compliance with obligations under this Act, with the exception of obligations under Sections 4 (4) and 4 (5) and 5, shall be exercised by the Regional Authority in its delegation. For the purpose of supervision, county officials shall be entitled to enter the premises, facilities and operations of the persons referred to in § 1 (a), (d) to (g) and to require them to produce documents and other documents, as well as to provide the necessary explanations in relation to the subject matter of supervision. The persons concerned shall be obliged to allow the exercise of supervision.
Supervision of compliance with the obligations under Articles 4 (4) and 4 (5) and 5 shall be exercised by the municipal authority in its delegation. For the purpose of supervision, the officials of the municipality shall be entitled to enter the premises, facilities and operations of the persons referred to in points (e) to (g) of Section 1 and to require them to submit documents and other documents, as well as the necessary explanations, where relevant to the subject matter of supervision. The persons concerned shall be obliged to allow the exercise of supervision.
Administrative offences of legal persons
(1) The producer of a Czech audiovisual work or co-producer, as the case may be, commits an administrative offence by:
(a) it does not send the Ministry the registration sheet of the Czech audiovisual work pursuant to § 2b (1) or the registration sheet of the Czech audiovisual work in accordance with § 2b (6);
(b) shall not ensure that the initial recording of the audiovisual work is accompanied by the particulars referred to in Article 3 (1);
(c) it does not impose a limit on the accessibility of the Czech audiovisual work, including a justification for the restriction of accessibility, or disclose it to the distributor (§ 4 (2));
(d) fails to fulfil the obligation to bid against the Archive pursuant to Article 7 (1); or
(e) fails to fulfil the obligation to the Archive pursuant to Article 7 (3).
(2) The distributor commits an administrative offence by:
(a) it shall not send the Ministry a register of a non-Czech audiovisual work pursuant to § 2b (2) or a registration of a non-Czech audiovisual work to the Ministry in accordance with § 2b (7);
(b) does not ensure that the data referred to in Article 3 (2) and (3) are presented;
(c) does not impose a limit on the accessibility of the Czech audiovisual work, including a justification for the restriction of accessibility (Section 4 (3));
d) in the case of a Czech audiovisual work made available by means of copies with the possibility of setting subtitles, it will not provide such a copy with hidden subtitles;
(e) in the case of a Czech audiovisual work made available by means of copies with the possibility of setting the subtitles, it shall not mark such a copy, its packaging or accompanying note with the inscription "Hidden subtitles."
(3) The organiser shall commit an administrative offence by:
(a) does not ensure the publication of the accessibility limit established by the manufacturer or distributor, or does not ensure the exclusion of the participation of persons who are subject to a possible restriction on the accessibility of the audiovisual work (Section 4 (4)); or
(b) does not ensure the designation and separation of the adverts published pursuant to Article 5.
(4) An operator of a store or rental company commits an administrative offence by selling or renting a copy of an audiovisual work with limited accessibility to a person younger than that permitted by the restriction on the accessibility of an audiovisual work (Section 4 (5)).
(5) For an administrative offence referred to in paragraphs 1 (a) to (c) and 2 (a) to (d), a fine of up to 100 000 CZK shall be imposed, an administrative offence referred to in paragraph 1 (d) and (e) a fine of up to 50 000 CZK and an administrative offence referred to in paragraphs 2 (e), 3 and 4 of the fine up to 10 000 CZK.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.
(4) The administrative offences referred to in Article 10 (1) and (2) shall be dealt with at first instance by the Regional Authority of the Region in which the producer, co-producer or distributor has his registered office or residence or, where appropriate, his place of business.
(5) The administrative offences referred to in Article 10 (3) and (4) shall be dealt with in the first instance by the municipal authority of the municipality in which the organiser, operator of the store or rental company has its registered office or residence or, where appropriate, its place of business.
(6) The liability for the conduct of or direct to the business of a natural person (15) shall be subject to the provisions of this Act on liability and sanctions of a legal person.
(7) The fines shall be collected and enforced by the authority which imposed them. The revenue from fines is the revenue from the budget from which the activity of the authority which imposed the fine is covered.
(8) The collection and enforcement of fines shall be carried out in accordance with special legislation16).
15) Paragraph 2 (2) of the Commercial Code.
16) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
16. The following Sections 10b and 10c are inserted after Section 10a:
Proceedings and decisions under this law shall be governed by the rules of procedure, unless otherwise provided for in this law.
This law shall not apply to audiovisual works intended for publication by television or by means of the Internet information network. ';
Transitional provisions
1. A fine shall be imposed in accordance with existing legislation for infringements of obligations which took place by the date of entry into force of this Act.
2. The proceedings for the imposition of a fine initiated before the date of entry into force of this law shall be completed in accordance with the existing legislation.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other provisions, as is apparent from the later laws.
Efficacy
This Act shall take effect on 1 January 2007.
v. Kasal v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 249 / 2006 Coll., amending Act No. 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other regulations, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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