Act No. 35 / 1965 Coll.
Law on works of literary, scientific and artistic (Copyright Act)
Valid
Effective from 01.07.1965
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35
THE LAW
of 25 March 1965
on works of literary, scientific and artistic (copyright)
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Copyright law
Work
(1) The subject of copyright are literary, scientific and artistic works, which are the result of the creative activity of the author, in particular works of verb, theatre, music, art including works of architectural and art used, works of film, photographic and cartographic. Computer programs shall also be considered as a subject of protection if they fulfil the conceptual characteristics of works under this law; Unless otherwise provided for in this law, they shall be protected as literary works.
(2) The provisions of this law shall not apply to legislation and decisions, authentic instruments, official documents, daily reports or speeches made in public matters; However, the collective issue of such speeches or their inclusion in the directory shall require the permission of the person who made them.
Processing and translation of the work
(1) The subject of copyright is also a new original work, which was created by the distinctive creative processing of another work.
(2) The subject of copyright is also the translation of works into other languages.
(3) The work can be processed or translated into another language only with the permission of its author. The selection of the author is not necessary for translation into another language of the works referred to in § 2 (2).
File
(1) The subject of copyright is also the collection, magazines, bands, exhibitions and other works, if their arrangement is the result of creative activity; the work can be included in the work of the package only with the permission of the author.
(2) The copyright of the package as a whole belongs to the holder of the package; this is without prejudice to the rights of authors of works included in the set.
(3) The copyright to the published journal, the cartographic work and the journal are exercised by the publisher.
Works connected
(1) Works can be combined only with the permission of their authors. With the parts connected, all the authors work together.
(2) The rights of authors to dispose of linked parts otherwise remain unaffected.
(3) The author's permission of the musical part is sufficient to perform a musical work with text.
Film Works
Authors of individual components of a film work or work expressed in a similar way and the author of a work so newly created, which is usually the director, grant the manufacturer permission to use the work by contract. The copyright of the work thus created as a whole shall be exercised by the manufacturer.
Works of co-authors
The author's right to work, which was created by the creative activities of several authors as a single work, belongs to all co-authors jointly and severally.
Work anonymous and pseudonym
(1) The identity of the author whose work has been published without giving a name or with a code name is not allowed to be disclosed without his consent.
(2) Until the author has made a public statement, the author may exercise the copyright of the author who first lawfully published the work and, if not published, publish it. The author's public statement is not required if his real name is generally known.
Origin of copyright to work
(1) The right to work arises when the work is expressed in words, letters, sketches, sketches or in any other susceptible form.
(2) The copyright of the work covers both the whole of the work and its individual parts.
Publication and publication of the work
(1) The work shall be published on the day on which it was lawfully made public for the first time, issued, or otherwise made public.
(2) The work is published on the day on which it was lawfully initiated with the public dissemination of its copies.
Country of origin of work
(1) The country of origin of the work shall be deemed to be:
(a) for works not awarded by a State of which the author is a national,
(b) works issued by the State where the first edition of the work was lawfully carried out.
(2) The work, which was published at the same time in the Czech Republic and elsewhere, is viewed as being published in the Czech Republic; the current edition of the work shall be considered to be issued within a maximum of 30 days.
Content of copyright
(1) The author has the right
(a) to protect its copyright, in particular the integrity of its work, and if the work is used by another person to do so in a way that does not diminish the value of the work;
(b) to dispose of the piece, in particular to decide on its publication and to grant permission to use it;
(c) the remuneration for creative work (§ 13).
(2) The right to copyright protection is not transferable.
(1) Every time the work is used, the author is entitled, with the exceptions set out in Section 15, to a copyright fee.
(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 record carriers for export or for the operational needs of natural or legal persons.
(3) The authors of works which, by reason of their nature, can be reproduced for their own personal use (Article 15 (2) (a)) on the basis of printed matter (5) or copies thereof by means of technical equipment on another material basis, have the right to be remunerated against producers of such equipment and, where appropriate, their importers.
(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 decree by the Ministry of Culture.
Use of the work
(1) Use of works, unless permitted directly by law, can be done only with the permission of the author. The permission to use the work is awarded by the author by contract.
(2) The author's authority under the law cannot be ruled out or shortened by agreement between the parties.
(3) Without the permission of the author, works may be used only in the cases provided for in Section 15, following a judicial decision pursuant to Section 17 (2) or with an official authorisation pursuant to Section 18.
(1) Copyright does not infringe who uses the subject contained in a foreign work to create a new work of the original.
(2) The author does not need permission to use the work and the reward is not obliged to provide who
(a) make a copy or imitation of a published work for its personal use if, when it comes to the work of art, it clearly identifies it as a copy or a imitation and does not refer to the copy or imitation of the work by architectural construction or other design or by a computer program; Paragraph 13 (2) shall be without prejudice to this;
(b) quotes the fragments of the work which has been issued and indicates both the author and the name of the work;
(c) include in the work of scientific or critical to the extent necessary to explain the text, or in textbooks or teaching aids to the justified extent of part of the published works, small works issued in whole, copies or imitation of works or parts thereof, if both the author and the source are mentioned;
(d) use published works in a separate lecture solely for the purposes of teaching or education, if the author and the work are mentioned;
(e) reprint in the journal articles of time importance on matters of economic or political importance already published in other journals, if the author and the source are mentioned; However, such reprinting shall not be permitted if expressly prohibited;
(f) imitate a work of art located in a public space in another field of art; photographs of the art thus placed may also be reproduced and distributed without the consent of the author;
(g) publish in the catalogue of a public collection or exhibition of a painting of an artwork included therein;
h) publicly exhibiting works of art or photography which the author has already transferred to another person, if the work is exhibited free of charge or is lent free of charge;
(i) reproduce or cause to be produced for personal use or for the distribution of a photographic work which is a figurative of it and which has been ordered for hire;
(j) make a copy of the disassembled edition for the need for a public library for documentation purposes and for scientific research;
(k) multiply the work produced by a special technique for the needs of the blind.
(3) The author does not need permission and the remuneration for the use of the work is also not required
(a) an organisation in the reporting of the current event of photographs, film, radio or television, if the works which are operated or exhibited in such an event are used to a reasonable extent;
(b) libraries, schools, educational establishments, archives, museums and galleries, 1a) if they lend non-professional originals of published works or copies thereof, printed or otherwise, not including photographs of sound, visual or both, except for the non-profit-making lending of such pictures to the blind.
(4) Authorised user of a computer program shall not be obliged to obtain the author's permission or to provide special remuneration for the acquisition of a copy, translation or modification of such a program if such a copy, translation or modification is required
(a) for the operation of the programme on the computer for which it was obtained;
(b) to establish the information necessary to achieve a functional link between two or more computer programmes, provided that such a copy, translation or modification is taken by him or by a person designated by him, provided that such information is not normally available and that its acquisition is limited to the parts of the computer programme necessary to achieve that objective;
(c) for archival and back-up purposes, and, where appropriate, to replace a duly obtained copy which has been lost, destroyed or otherwise degraded.
(5) An authorised user of a computer program may not be limited in his right to examine, study or test the computer program in order to identify ideas and principles on which any element of the program is based, if this is done in normal use.
(6) Unless otherwise agreed, the authorised user of the computer program may make modifications, additions and amendments to the computer program or its accompanying documentation without the consent of the author, provided that such interventions are aimed at correcting a manifest defect or are consistent with the intended purpose of its operational use by the authorised user; This is without prejudice to the author's right to maintain the form of code in which he made the work available to the public.
(1) The separate use of the work, other than broadcasting by radio or television, is also any further public dissemination of the work so broadcast by means of any means of transmitting sounds or images, provided that such dissemination is carried out by a body other than the original broadcasting organisation.
(2) The current, complete and unchanged transmission of such transmission by wire or otherwise carried out by the same organisation shall be considered as part of wireless radio or television broadcasting. The possibility of receiving radio or television broadcasts on the receivers of residents of the same house, or houses directly related to them by means of aerial equipment (so-called common television antennas) shall not be considered as a specific use.
(1) The employer may use the works of science or of art created by his staff to carry out the duties of employment without further permission from the author.
(2) An employer whose subject matter it is to issue or otherwise publish works may issue or otherwise publish the work of his staff who is created to fulfil the duties arising from an employment relationship only with the permission of the author. If the author refuses to give him permission without serious reasons, the employer may seek such permission in court.
(3) The author of a work which has been created to fulfil the obligations arising from the employment relationship with the employer may give permission to issue or otherwise publish the work only with his consent. If the employer withdraws his consent for no serious reason, the author may seek such consent in court.
(4) More detailed conditions for the use of the work created to fulfil the obligations arising from employment with the employer are laid down in the contract. Save as otherwise provided for in this Treaty, the employer shall be entitled to require the author of the accepted fee to contribute adequately to the reimbursement of the costs he has incurred in creating the work.
(5) Unless expressly agreed otherwise, the copyright of the computer programme created by the employee shall be exercised by the employer to fulfil the obligation arising from his employment.
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to works made to fulfil obligations arising from a Member or a service relationship.
The Ministry of Culture may, by its statement, replace the author's permission to translate the works of foreign nationals into the Czech language, if international treaties allow it, and under the conditions laid down therein.
Transfer of copyright
(1) The author can only convert the right to use the work.
(2) The transferee may transfer the authorisation obtained to a third party only with the permission of the author.
If a legal person or a natural person to whom the right to use the work has been transferred is lost without a legal successor, the author of the right to decide again on the further use of the work.
Contracts for the dissemination of works
(1) By the Treaty on the dissemination of the work, the author grants the user permission to disseminate his work as a reward; the conditions for the dissemination of the work may include mass contracts.
(2) The contracts for the dissemination of works are in particular publishing contracts, contracts for the public operation of works, contracts for the dissemination of works by lending or renting copies of works, contracts for the dissemination of photographs of the sound recording of works and contracts for broadcasting works by radio or television.
(3) The contract for the dissemination of the work must specify the manner and extent of the dissemination of the work, the time at which it will happen, the copyright, the co-operation of the author, the period for which the contract is negotiated and the commitment of the user to carry out the dissemination of the work on his account.
(4) Unless the Ministry of Culture provides otherwise, the contract for the dissemination of the work must be negotiated in writing.
(1) The author is obliged to hand over the work to the user in time and modified so that it can be distributed in an agreed manner without difficulty.
(2) The user may withdraw from the contract if the author has not properly submitted the work to him without a serious reason, even within an additional period provided by the user; no additional period shall be granted where the contract or the nature of the case implies that the user cannot be interested in late completion. In such a case, the user may require the return of what the author has already fulfilled.
(3) The author may withdraw from the contract and request that the work be returned if the dissemination of the work is not effected within the period agreed in the contract; This is without prejudice to his entitlement to copyright.
Publishing contract
(1) The publisher's contract authorises the publisher to issue a work of verb, a work of musical drama or music, a work of art or photographic work, and the publisher undertakes to issue the work on his account, take measures to spread it and pay the author a reward.
(2) As long as the ratio is established by the publishing contract, the author may not grant permission to another organisation to issue the work without the consent of the publisher, unless it is a comprehensive edition of his works or the publication of the work in a periodic publication.
(3) If the work is disassembled before the period for which the contract has been negotiated has expired, the author may, although no further publication has been agreed, ask the publisher to republish the work. If the contract for republishing the work is not negotiated within 6 months, the author is free to negotiate the contract with another publisher.
(1) The author is entitled to perform the copyright of his work.
(2) If the author is not allowed to perform the works, he may withdraw from the contract and ask for the work to be returned if the work is used in a way that reduces its value; This is without prejudice to his entitlement to copyright.
Public works contract
The contract for the public operation of the work is awarded by the author to the operator's permission to operate the work of theatre or music, and the operator undertakes to operate the work on his cargo and pay the author's reward.
Contract for the dissemination of work by lending or renting copies of work
(1) By the Treaty on the dissemination of the work by lending copies of the work, the author grants permission to third parties to make free copies of the work available to use.2)
(2) By means of a contract for the dissemination of the work by renting copies of the work, the author grants the lessor permission, in return for payment, to transfer the copies of the work to third parties (tenants) in order to use it temporarily.
(3) The image of the work is also understood as an audio, visual or both recording.
Contract to create a work
(1) The contract of creation of the work obliges the author to create a literary, scientific or artistic work for the client in exchange for the reward of the contract and authorises the client to use the work for the purpose defined by the contract.
(2) The author is obliged to create the work in person within a specified time limit. Unless otherwise agreed, the author shall be entitled to the agreed remuneration by submitting the work.
(3) If the work has defects which prevent it from being used for the purpose of a contract, the client may withdraw from the contract. If the defects are removable, the client may withdraw from the contract only if the author does not remove the defects within a reasonable period of time provided by the client for that purpose.
(4) Paragraph 23 (2) applies mutatis mutandis to the contract establishing the work.
Contracts for other use of the work
Paragraphs 22 (3) and 23 shall apply mutatis mutandis to contracts for other uses of the work.
Transfer of copyright
(1) Copyright is transferred to the heir. The provisions of this law on the author shall apply, unless otherwise provided for in their nature, to the heir.
(2) If the co-author does not have an heir, his share of the co-author increases to others.
Transfer of original or copy of work
Those who acquire the original work or copies thereof shall not acquire this transfer of the right to use the work unless expressly agreed otherwise.
The author who transferred the original of his work in return may claim a fair settlement from any transferee who has obtained a socially unjustifiable property gain by further transfer of ownership of the work. This right cannot be surrendered in advance.
Endangering or violating copyright
(1) The author, whose right has been infringed, may in particular seek that the revocation of his right be prohibited, that the consequences of the infringement be removed and that adequate satisfaction be given to him. In the event of a breach of the right of material damage of a non-property nature, the author shall have the right to be satisfied in cash if the granting of another right would not be sufficient; the amount of the financial satisfaction shall be determined by a court which shall take into account in particular the extent of the damage suffered and the circumstances in which the infringement occurred.
(2) If damage has been done to the author by threatening or violating his rights, he shall be entitled to compensation under the Civil Code.
(3) In the case of a work created by a co-author, the authorisation referred to in paragraphs 1 and 2 shall be the responsibility of the co-authors individually.
(4) The exercise of copyright rights by other persons shall not prevent the author from seeking the protection of his copyright against any threat or breach.
The same claims as in the event of a threat or infringement of copyright are due to the author in respect of persons who produce, put into circulation or use the means intended exclusively for the disposal, decommissioning or limitation of the functionality of technical equipment or other means used to protect their work from unauthorised use.
Duration of rights
(1) The copyright shall, unless otherwise specified, continue for the duration of the author's life and for 50 years after his death, for the works of co-authors and for the associated works created for the purpose of use in this connection for 50 years after the death of the survivor.
(2) The duration of copyright in respect of the remaining part, published for the first time in the last 10 years by the deadline referred to in paragraph 1, is extended to 10 years from the publication of the work.
(3) For works of anonymous and pseudonyms for which the identity of the author is unknown, copyright lasts 50 years after publication of the work.
(4) Copyright for film works lasts 50 years after publication of the work.
(5) For collections and magazines issued by organisations, copyright lasts 10 years after publication of the work.
(6) However, the right to copyright protection is unlimited in time.
The duration of copyright is only calculated from the end of the year in which the event relevant to its calculation occurred.
Free Works
(1) If the author is not to accept the heirs or if the heirs refuse to accept the inheritance, his works, with the exception referred to in Article 29 (2), shall become free, even before the expiry of the time limits referred to in Article 33.
(2) If the duration of copyright or the work is vacant for another reason, the user is not obliged to require permission to use the work or to provide a copyright fee. However, the free work may only be used in a manner appropriate to its value and must be indicated by the author of the work, if known. This condition is maintained by the authors' associations and legal persons who have been authorised to exercise public administration for a specified field of creative activity in the relevant field under the special legislation.4)
Rights of performers
(1) The subject of the rights of performers under this law is their artistic performance, i.e. performance of actors, singers, musicians, dancers and other persons who represent, sing, play, recite or otherwise perform a literary or artistic work.
(2) Without the permission of performers, their performance cannot be used for:
(a) sound, visual or both recording (hereinafter referred to as "recording") made for the production of copies intended for public disposal or for the manufacture of films intended for public screening (hereinafter referred to as "pictures");
(b) the production of images intended for public disposal or the use of records or images for purposes other than those for which permission has already been given, for example, for public presentation, lending or leasing, except in cases referred to in Article 37 (1);
(c) broadcasting by radio or television;
(d) public projection or dissemination by other means, provided that the performance has been carried out for someone other than the organisation wishing to use it.
(3) The performance of performers shall be remunerated.
(1) The election of an executive artist is unnecessary
(a) to make a record of its performance for a radio or television organisation, provided that the alert is made by its own means for its own transmission;
(b) to broadcast its performance by radio or television, if it is made from a record or a photograph which has been produced with the permission of the performer,
(c) to use its performance for the personal use of the user; This is without prejudice to the provisions of Paragraph 13 (2) (Paragraph 39 (1)),
(d) for use in the performance of an alert or a photograph solely for scientific or educational purposes.
(2) The performance referred to in paragraph 1 (a) and (b) shall pay the performer a remuneration.
The rights of performers shall last 50 years from the end of the year in which the record of performance was issued.
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Regulation Information
| Citation | Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1965 |
|---|---|
| Effective from | 01.07.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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