Government Decree No. 4 / 1966 Coll.
Government Decree on Contributions for the Use of Free Works of Literary, Scientific and Artistic and on Contributions of Users of Works
Valid
Effective from 01.02.1966
4
GOVERNMENT DECLARATION
of 19 January 1966
on contributions for the use of free works of literary, scientific and artistic works and on contributions of users of works
The Government of the Czechoslovak Socialist Republic provides, pursuant to § 35 paragraph 3, § 42 paragraphs 2 and 3 and § 44 paragraph 1 (d) of the Copyright Act No. 35 / 1965 Coll. ("the Act '):
Contributions for the use of free works
Basic provisions
(1) An organisation using literary, scientific or artistic works which is free from copyright (Section 35 of the Act) is obliged to pay a contribution for each use.
(2) Contributions for the use of free works are collected by socialist organisations authorised to represent authors in the exercise of their rights under the law.
Amount of contributions
(1) For the issue of a free work of literary, scientific or artistic, as well as photographic works, the publishing house or the publishing journal shall pay a contribution equal to half the amount which the user would be obliged to pay for such publication as a copyright if the work were not free. This amount shall mean the remuneration calculated in accordance with the applicable copyright regulations, using the lower limit of the fixed rates, or - if the author's remuneration for the use carried out is not adjusted - usually the copyright paid by the user for the same use of a similar work which is not free.
(2) Classic works of marxism-leninism are excluded from the contribution obligation. Furthermore, free works whose copies are distributed free of charge shall not be subject to a contribution obligation.
(1) For the public operation of the free work of theatrical, including its musical and artistic component, for broadcasting such works by radio or television, for putting produced phonograms of these works into sale, as well as for the use of the free work of literary, scientific or artistic for the production of film, the user of the work pays a contribution equal to half the amount which he would be obliged to pay as copyright if the work were not free.
(2) For the public presentation of the free work of the literary works, the user pays a contribution of 20% of the author's fee for such use as he would be obliged to pay if the work were not free.
For the public display of a free work of fine arts or photographic works, the user of the work pays a contribution of 5% of the author's fee for such use that he would be obliged to pay if the work were not free.
For the public non-theatrical operation of open works of musical works with or without text, the Socialist organisation, which is granted the exclusive right to give permission to use such works and to collect the author's fees [Paragraph 44 (1) (a) of the Act] *), grants a contribution of 2% of the net proceeds of copyright awards for such operations in a calendar year for all public music production.
For broadcasting free works of literary and musical works with or without text, the user pays a contribution of 25 hal. per year for each authorised radio receiver holder.
For the television broadcast of free works of literary, musical works with or without text, or works of fine arts, the user pays a contribution of 30 halos a year for each authorised holder of the television set.
For the sale of produced sound images of non-theatrical works, their manufacturer makes a contribution to the vacant works
(a) literary 5%;
(b) musical with or without text 15%
of a total of copyright rewards for the use of works of this or that kind.
Using free works for public film projection or other economic use of films, the user makes a contribution which is:
(a) 15% of the total of the copyright remuneration for the screening and other economic use of films for authors of their literary component;
(b) 10% of the total of the royalties for screening and other economic use of films for authors of their musical component; and
c) 2% of the total of copyright awards for authors of works of fine arts and photographic works using their works for film production
charged in the current calendar year.
Collection of contributions
(1) The contributions provided for in Sections 2 and 3 (with the exceptions set out in paragraphs 2 and 3 below), 7, 8 (a) and 9 (a) are collected in the Czech regions of DILIA - Czechoslovak theatre and literary management in Prague, Slovakia DILIZA - Slovak theatre and literary representation in Bratislava.
(2) The contributions provided for in § 3 (as regards the use of musical works for the production of films), § 5 and 6, § 8 (b) and § 9 (b) are collected in the Czech regions of the OSA - Copyright Association for Music Works in Prague, Slovakia SOSA - Slovak Copyright Association for Music Works in Bratislava.
(3) The contributions pursuant to § 2 for the publication of works of fine arts and photographic works and contributions pursuant to § 4 and pursuant to § 9 (c) are collected in the Czech regions by the Copyright Organization of the Czech Fine Arts Fund in Prague, Slovakia by the Copyright Protection Organisation of the Slovak Fine Arts Fund in Bratislava.
Contributions pursuant to § 2 to 4 shall be payable no later than four weeks after the use of the work. The contributions provided for in paragraphs 5 to 9 shall be payable no later than 3 months after the end of a period agreed with the collecting organisation responsible under paragraph 10 for that period; However, this period shall not exceed six months.
Contributions of works users
Users of works are obliged to make a contribution of 1% for the use of works
1. the issue of a work in the form of a non-periodic publication from the retail price of the whole load,
2. printing of the work in the periodical printing of the author's fee,
3. the public operation of theatrical works from the total admission fee,
4. the placing on sale of sound images from aggregate gross sales for the images sold;
5. radio and television broadcasting from the total revenue of radio and television charges,
6. public screening of films from the total admission fee,
7. the public non-theatrical operation of musical works from the operating royalties for each production,
8. Expansion of copies of works of fine art and photographs of aggregate gross sales for the copies sold, or - in the case of copies distributed free of charge - of the author's fee,
9. public exhibition of works of fine art from the total income at the entrance fee and at
10. use of architectural works for spatial design or in repeated use of these works from the price of the architectural project.
The contributions of the users of works shall be assessed and selected by the organisations referred to in paragraphs 1 to 3 of Section 12 of the Organisation referred to in Sections 10 (1), 4 to 7 of the Organisation referred to in paragraphs 2 and 8 to 10 of Section 10 (3).
The contributions of the users of works shall be payable monthly by the 10th day of the following month; However, the selection organisations may allow the users of works to pay advance payments with quarterly billing.
Management of allowances
(1) Contributions for the use of free works of literary, scientific and artistic works, together with contributions from the users of works (hereinafter referred to as "contributions"), are intended to support creative activities in all fields of literature, science and art provided primarily by cultural funds.
(2) From the proceeds of the contributions collected in the Czech regions, 35% of the Czech Literary Fund, 20% of the Czech Music Fund and 30% of the Czech Fine Arts Fund each year; in the same proportion, the Slovak cultural funds shall have shares in the contributions to be selected in Slovakia.
(3) From the proceeds remaining after the measures referred to in paragraph 2, the Coordination Committee of the Cultural Funds shall each year allocate a part - at least one third - to the Slovak Cultural Funds for the cultural economic settlement of the areas of the national cultures of the Czechoslovak Socialist Republic; the unused remainder will then be used to support creative activity according to its discretion.
Of the resources allocated to the Literary Funds under Article 15, the Committees of these Funds shall allocate shares in the activities of their sections according to their needs, but not more than 11% of the contributions allocated to cultural funds under Article 15 (2). These shares will be at least 5% for the section for creative activities in the field of theatre and film, for the sections for journalism and for scientific and professional literature, usually after 3% of the said funds.
The selection organisations shall charge each other's contributions on a monthly basis and shall indicate the amounts in accordance with the instructions of the Coordination Committee of the Cultural Funds by the 15th day of the following month; they may deduct a maximum of 5% of the contributions collected to cover the costs associated with the collection.
Provisions common and final
(1) The facts relevant for the assessment of contributions, in particular the basis for their calculation, must be notified to the selecting organisation at the time of billing. The selected organisation shall be entitled to consult the accounting records and other documents for calculating the contributions.
(2) If the contribution is not paid in time to the collecting organisation, it shall be increased by a tenth of the original amount and the selecting organisation shall be entitled to claim reimbursement of the costs of the investigation and of the reminders.
The authorities entrusted with the Coordination Committee of the Cultural Funds shall be entitled to consult the selection organisations on any supporting documents for the calculation and selection of the contributions.
It shall be repealed:
(a) Decree No. 127 / 1954 Ú. l (No. 153 / 1954 Ú. v.), on the contributions of the recipients of the copyright and on the contributions for the use of free works to cultural funds, as amended by No. 75 / 1965 Coll.,
(b) Decree No 197 / 1954 Ú. l (No 221 / 1954 Ú. v.) on the amount of contributions paid to cultural funds by publishing firms and other users of works.
This Decree shall take effect on 1 February 1966.
Lenárt v. r.
*) Decree No. 196 / 1954 Ú. l., on the rates of operating royalties for the public non-theatrical operation of musical works.
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Regulation Information
| Citation | Government Decree No. 4 / 1966 Coll., on Contributions for the Use of Free Works of Literary, Scientific and Artistic and on Contributions of Users of Works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.01.1966 |
|---|---|
| Effective from | 01.02.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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