Act No. 429 / 2022 Coll.
Act amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law), as amended, and other related laws
Valid
Law
Effective from 05.01.2023
Text versions:
05.01.2023
21.12.2022
Contents
ČÁST PRVNÍ
Čl. I
㤠21a
㤠23
㤠25b
㤠27c
㤠31a
㤠37b
㤠38g
㤠39c
§ 39d
„Díl 6
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 51a
§ 52
Díl 7
§ 53
§ 54
§ 54a
§ 54b
§ 55
§ 56
§ 57
„Díl 7
§ 87b
㤠90
㤠97ea
㤠101
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
㤠2374
㤠2374a
㤠2378
㤠2381
ČÁST SEDMÁ
Čl. VIII
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429
THE LAW
of 8 December 2022
amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law), as amended, and other related laws
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. 183 / 2008 Coll., Act No. 168 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 250 / 2016 Coll., Act No. 424 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 228 / 2014 Coll., Act No. 496 / 2012 Coll., Act No. 156 / 2013 Coll.
1. At the end of footnote 1, the sentence "Directive (EU) 2019 / 789 of the European Parliament and of the Council of 17 April 2019 laying down rules for the exercise of copyright and related rights applicable to certain online broadcasting of broadcasting organisations and to television and radio programmes taken over and amending Council Directive 93 / 83 / EEC shall be added to separate rows.
Directive (EU) 2019 / 790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the single digital market and amending Directives 96 / 9 / EC and 2001 / 29 / EC. ';
2. In Section 1, the following point 7 is added at the end of point (b):
"7th right publisher of press publication,"
3. In Paragraph 18, the sentence "This communication of the work to the public shall also be made available to the public by the provider of the content sharing service online pursuant to Paragraph 46 (1), if the work has been uploaded by the user of such service."
4. In Paragraph 21, the following sentence is added at the end of paragraph 1: "Broadcasting or television shall also mean the delivery of programme signals by the original broadcaster to the transmission operator pursuant to Paragraph 22, even if programme signals are not accessible to the public during such delivery. The use of the work under the second sentence is considered to be the only act of communication to the public in which they participate, but not jointly and severally, by the broadcaster and the transmission operator in accordance with Paragraph 22 and for which both must obtain a licence for their part in such communication to the public; Articles 97d (1) (a) (1) and (2), 97d (1) (c), 97e (4) (c) and (n) and 98c (5) shall apply mutatis mutandis. Paragraphs 5 to 7 shall not apply to transmission operators. ';
5. In Article 21 (7), the words "have its managing authorities located by the broadcaster 'are replaced by the words" is located by the broadcaster's headquarters'.
6. The following Section 21a is inserted after Section 21, including the title and footnote 30:
Additional online service transmitter
(1) For the purposes of this Act, the additional online service of the broadcaster means:
(a) the transmission of works by computer or similar networks carried out by the same broadcaster at the same time as the transmission of the work by another technology, in its unchanged form;
(b) the making available to the public of a published work by the same broadcaster in accordance with Article 18 (2) for a specified period after the posting of the work; or
(c) making the work available to the public by the same broadcaster as provided for in Article 18 (2), provided that the work is part of materials which are complementary to its broadcasting, such as broadcasts for the broadcast programme and reviews of such a programme.
(2) Unless otherwise agreed, the use of the work referred to in paragraph 1 shall be deemed to take place in the territory of the Member State of the European Union or of the State constituting the European Economic Area in which the broadcaster's headquarters is located.
(3) Paragraph 2 applies to the use of the work
(a) by a radio broadcaster; and
(b) by a television broadcaster on the news programme and on the programme on current events or on a programme exclusively produced by that broadcaster; This does not apply to the use of a work included in the broadcasting of sporting events broadcast by a television broadcaster.
(4) The provisions of paragraph 2 shall also apply to the reproduction of work necessary to provide, access to or use of the additional online service.
(5) When negotiating the remuneration (30) for granting entitlement to exercise the rights referred to in paragraphs 1 to 4, account shall be taken of the characteristics of the additional online service, in particular its nature, the duration of the availability of the work, the territorial scope of use, the number of listeners or viewers and the number of language versions. This is without prejudice to the possibility of calculating the level of remuneration on the basis of the broadcaster's income from the additional online service.
30) § 2366 of the Civil Code. '
7. In Paragraph 22, at the end of paragraph 1, the words "irrespective of the way in which that person receives signals bearing sounds or images and sounds or their expression intended for public reception from the original broadcaster for this purpose. Paragraph 21 (3) of the second sentence shall apply mutatis mutandis'.
8. In Paragraph 22 (2), at the end of the first sentence, the words "irrespective of the way in which a person other than the broadcaster of such a broadcast receives signals bearing sounds or images and sounds or their expression intended for public reception by the original broadcaster 'shall be added.
9.
Radio and television broadcasting
Operation of radio or television broadcasting of the work means making available the work broadcast by radio or television by means of an apparatus technically capable of receiving radio or television broadcasting. According to Article 18 (3), the provision of the work to patients in the provision of health services in medical institutions is not considered to be a broadcasting activity. According to Article 18 (3), making available the work for a narrow range of persons shall not be regarded as broadcasting if such disclosure is random and independent of the wishes of the beneficiaries and is not of a gainful nature. '
10. the following Section 25b is inserted after Section 25a, including the title:
Right to a reasonable share of the revenue of the publisher of the press publication
The author of the work, which is part of the press publication, has the right to an appropriate share of the income of the publisher of the press publication resulting from the exercise of the right under § 87b. '
11. Part 1, Title Part 3, at the end of the title of Section 6, shall be supplemented by the words "and work not available on the market '.
12. The following Section 27c is inserted after § 27b:
The work referred to in Article 2 shall be deemed not to be available on the market if, after reasonable efforts have been made to establish its availability to the public, it can be assumed in good faith that it is not available to the public on the normal trading network. '
13. In Article 28, the words "paragraph 2 and 'are deleted, after the words" first', the words "and Article 87a (1) 'and the words" not affected' are replaced by the words "not affected ';
14. In Paragraph 29, the following paragraph 3 is added:
"(3) Legal acts excluding or restricting exceptions to copyright and restrictions on copyright shall not be taken into account unless otherwise provided for in the law. ';
15. After Paragraph 31, the following Section 31a is inserted:
Digital learning licences
(1) Copyright law also does not interfere with a school, college or educational establishment (31) if it uses digital work on its own responsibility when teaching for an illustration purpose, not to achieve direct or indirect economic or commercial benefit, where this is done in the premises of that school or establishment or in other places or within a secure electronic environment accessible only to pupils or students and teaching that school or establishment, and where the author's name is given, the name of the work and sources, if possible.
(2) The use of the work referred to in paragraph 1 shall be deemed to take place only in a Member State of the European Union or in a State constituting the European Economic Area in which the school, college or educational establishment which uses the work has its registered office or is recognised by that State (32).
(3) The provisions of paragraph 1 shall not apply to the use of a work primarily intended for educational purposes and to the use of a musical or musical record. A work primarily intended for educational purposes means a work which has been awarded an approval clause under the Education Act (33) and other such textbooks or teaching texts (34).
31) For example, Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, Act No. 111 / 1998 Coll., on Higher Education and on the Amendment and Addition of Other Laws (Higher Education Act), as amended, Act No. 563 / 2004 Coll., on Educational Workers and on the Amendment of Certain Laws, as amended, Act No. 108 / 2006 Coll., on Social Services, as amended, Act No. 71 / 2002 Coll., Act No. 71 / 2005 Coll., on Basic Art Education, as amended, Decree No. 33 / 2005 Coll.
32) § 38 paragraph 1 (c) of Act No. 561 / 2004 Coll. § 93f of Act No. 111 / 1998 Coll.
33) § 27 (1) of Act No. 561 / 2004 Coll.
34) § 27 (2) of Act No. 561 / 2004 Coll. '.
16. in Paragraph 35 (2), the words "higher education" shall be inserted after the words "school."
17. in Article 35 (3), the words "higher education" shall be inserted after the word "higher education" and the words "higher education" shall be inserted after the word "higher education."
18. In Paragraph 37 (2), the words "and the libraries of universities, the National Library of the Czech Republic (" National Library "), the Moravian Library of Brno, the National Technical Library, the National Medical Library, the National Educational Library of the Comenius, the Library of the Institute of Agricultural and Food Information, the Library of the National Film Archive and the Parliamentary Library of the Czech Republic" shall be replaced by the words "the libraries of universities and libraries of museums, galleries and archives."
19. in Paragraph 37a (9), the words "for harmonisation in the internal market" shall be replaced by the words "European Union for Intellectual Property."
20. The following Section 37b is inserted after Section 37a, including the title and footnote 35:
Licences for the use of work not available on the market
(1) Copyright does not interfere with a library, archive, museum, gallery or institution which ensures the conservation of film or sound or other cultural heritage (hereinafter referred to as the "cultural heritage institution") which, for the purposes of direct or indirect economic or commercial benefit, does not reproduce and make available, in accordance with the first sentence of Paragraph 18 (2), of its website set up or operated not for the purpose of direct or indirect economic or commercial benefit, the work which is not available on the market in its collections. However, it is always necessary to state, if possible, the name of the author, if not anonymous, or the name of the person under whose name the work is published, and the name of the work and the source.
(2) The use of a work which is not available on the market referred to in paragraph 1 shall be deemed to take place only in a Member State of the European Union or a State constituting the European Economic Area in which the cultural heritage institution which uses the work has its registered office or is recognised by that State.
(3) The provisions of paragraphs 1 and 2 shall apply only to works on which the cultural heritage institution has been permanently published on the market portal established and managed by the European Union Intellectual Property Office in accordance with the directly applicable regulation of the European Union governing the jurisdiction of the European Union Intellectual Property Office (14) and on the website of that institution.
(a) identifying the work and the author,
(b) the manner and extent of use referred to in paragraph 1; and
(c) the right of the author to exclude the use of the work referred to in paragraph 1.
(4) The provisions of paragraphs 1 to 3 shall apply only to the work and rights of the work, provided that no authorisation under Paragraph 97e (4) (m) has been granted for the exercise of their collective management.
(5) The provisions of paragraphs 1 to 3 shall apply only to the work and rights of the work, the author of which shall not exclude such use in a particular case or in all cases, even after the use referred to in paragraph 1 has taken place.
(6) The provisions of paragraphs 1 to 5 shall not apply to collections of works which are not available on the market if, having made reasonable efforts in accordance with § 27c, it has been established that such collections consist mainly of:
(a) works other than cinematographic or audiovisual works first published or, if not published, first broadcast in a third country;
(b) works of cinematographic or audiovisual works the producers of which have their registered office or habitual residence in a third country; or
(c) works created by third-country nationals, where it was not possible, even after reasonable efforts were made, to identify the Member State of the European Union or the State constituting the European Economic Area or a third country as referred to in points (a) and (b).
35) For example, Act No. 257 / 2001 Coll., on Libraries and Conditions for the Operation of Public Library and Information Services (Librarian Act), as amended, Act No. 122 / 2000 Coll., on the Protection of Collections of Museum Nature and on the Change of Certain Other Laws, as amended, Act No. 499 / 2004 Coll., on Archiving and File Service and on the Amendment of Certain Laws, as amended, Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Laws (Audiovisual Act), as amended. "
21. § 38g, including the title reads:
Licences for caricature, parody or paste
The copyright does not interfere with those who use the work for the purposes of cartoon, parody or pastiche. '
22. in Paragraph 39a, paragraph 5 is deleted;
23. The following Sections 39c and 39d are inserted after Section 39b, including the headings:
Licences for the reproduction of works for automated analysis of texts or data
(1) The copyright does not interfere with those who make copies of the work for the purpose of automated analysis of texts or digital data, carried out for the purpose of obtaining information including, inter alia, patterns, tendencies and similarities; The copy made out in this way may be kept only for the period necessary for the purposes of this automated analysis of texts or data.
(2) Paragraph 1 shall not apply to copies of works the author of which has expressly reserved the use referred to in paragraph 1 in an appropriate manner; in the case of a work made available under Paragraph 18 (2) by machine-readable means.
(3) The provisions of paragraphs 1 and 2 are without prejudice to the provisions of Paragraph 39d.
Licences for the reproduction of works for automated analysis of texts or data for scientific research
Does not interfere with copyright
(a) a university which, as part of its activities, carries out scientific research or a legal person whose main objective is to carry out scientific research or to carry out educational activities also involving scientific research, provided that scientific research of that university or legal person is carried out in such a way that access to its results is not given priority to those who exercise a decisive influence on that university or legal person, and at the same time that research is carried out in the public interest or on a non-profit basis, or that all profits are reinvested in the scientific research of that university or legal person; or
(b) cultural heritage institutions;
where, for the purposes of scientific research, a copy of the work is made for the purpose of automated analysis of texts or digital data, carried out for the purpose of obtaining information, including, but not limited to, models, trends and similarities; The copy made up shall be stored with an appropriate level of security and may be stored for scientific research purposes, including verification of the results of the research. ';
24. In Paragraph 42 (1) of the Introductory Part of the provision, the words "customs authorities and authorities carrying out a national statistical service 'are replaced by the words" customs authorities of the Czech Republic' and the words "or acceptance 'are deleted.
25. in Paragraph 42 (1) of the final part of the provision, the words "and statistical" and the words "or acceptance" shall be deleted and the words "are justified" shall be replaced by the words "is justified."
26. in Article 42 (2), the words "or on dispatch" shall be deleted;
27. In Paragraph 42, the following paragraph 4 is added:
"(4) The provision of such information shall not constitute a breach of confidentiality under the tax rules. '
28. in Paragraph 43 (4), the words "Paragraph 37 (1) (a) and (b)," shall be deleted;
29. in Paragraph 43, the following paragraph 6 is inserted after paragraph 5:
"(6) The legal protection provided for in paragraph 1 shall be without prejudice to the provisions of Sections 31a, 37 (1) (a) and (b) and 39d to the extent necessary to benefit from the exemption. The author who used the technical means referred to in paragraph 3 for his work shall be obliged to make his work available to authorised users to the extent necessary to fulfil the purpose of that use of the work. ';
Paragraph 6 shall become paragraph 7.
30. In Paragraph 43 (7), "paragraph 4 'is replaced by" paragraphs 4 and 6';
31. Part 1, Title I after Part 5, the following Parts 6 and 7 are inserted:
Use of the work by the online content sharing service provider
(1) For the purposes of this Act, the provider of an online content sharing service is an information society service provider (36) whose main purpose, or one of its main purposes, is to store and communicate to the public a large number of works recorded by the user of such a service and which competes or can compete with other online services making works available to the same target group, while the provider of such a service organises and promotes such works for profit.
(2) The provider of an online content sharing service is not considered to be the provider of such an information society service (36), which is a non-profit online encyclopedia, a non-profit educational and scientific repository, a platform for the development and sharing of open-source software, an electronic communications service (37), an online marketplace and an interpersonal cloud service, and a cloud service that allows users to record content for their own use.
(1) The online content sharing service provider is not liable for unauthorised disclosure of the work to the public pursuant to Paragraph 18 (2), provided that:
(a) make the best efforts to obtain authorisation to exercise this right;
(b) in accordance with the high sectoral standards of professional care, make the best efforts to prevent the recording of work on which the author has provided him with relevant and necessary information; and
(c) immediately after having received a sufficiently reasoned notification from the author, prohibit access to the piece or remove it from its website and make the best efforts to prevent its re-upload in accordance with point (b).
(2) In determining whether the provider of an online content sharing service has fulfilled its obligations under paragraph 1, account shall be taken, inter alia, of:
(a) the type and scope of the service, its target group and the type of work recorded by the service user; and
(b) the availability of appropriate and effective means to fulfil the obligations referred to in paragraph 1 and their costs to service providers.
(3) When using automatic content recognition tools, it may, in order to prevent the recording of the work referred to in paragraph 1 (b) and to prevent the re-recording of the work referred to in paragraph 1 (b). (c) occur only where the provider of the online content sharing service evaluates the content recorded as the same or equivalent part identified by the author in accordance with paragraph 1 (b). (b) or (c). The same content means the same content without additional elements or added value. An equivalent content is a content which differs from a work identified by the author only by such adaptations which can be considered irrelevant without the need to provide additional data by the author and without a separate assessment of the validity of the use of the work with modifications under this Act.
(4) The online content sharing service provider shall not have a general obligation to oversee the content stored by its user.
(5) The online content sharing service provider cannot reach a limit on the responsibility for storing the content of information provided by the user under the Information Society Services Act 36).
(1) The online content sharing service provider whose service is on the market in the Czech Republic or in one of the Member States of the European Union or States forming the European Economic Area for less than 3 years and whose annual turnover calculated in accordance with the Commission Recommendation on the definition of micro, small and medium-sized enterprises (38) is less than EUR 10 000 000 shall not be liable for the unauthorised disclosure of the work to the public pursuant to Article 18 (2), provided that:
(a) make the best efforts to obtain authorisation to exercise this right; Paragraph 47 (2) shall apply mutatis mutandis; and
(b) immediately after having received a sufficiently reasoned notification from the author, prohibit access to the piece or remove it from its website.
(2) The provider of an online content sharing service covered by paragraph 1, where the average monthly number of unique service visitors calculated on the basis of the previous calendar year exceeds 5 000 000, is not responsible for the unauthorised disclosure of the work to the public pursuant to Paragraph 18 (2), provided that he has also made the best efforts to prevent the re-upload of the work on which the author has provided the relevant and necessary information. Paragraph 47 (2) shall apply mutatis mutandis.
(3) Paragraph 47 (3) applies mutatis mutandis to providers of online content sharing services pursuant to paragraphs 1 and 2.
In carrying out the obligations under Articles 47 (1) and 48 (1) and (2), cooperation between online content-sharing service providers and rightholders shall not lead to a restriction on the availability of the work made available by the user in accordance with this law using the online content-sharing service provider's service.
(1) The online content sharing service provider is obliged
(a) provide the author, at his request, with adequate information on the procedures provided for in paragraphs 47 and 48, and where such service provider has been granted an authorisation to exercise the right to communicate the work to the public pursuant to paragraph 2 of Article 18, he shall, upon request, provide the author with information on the use of the work covered by that authorisation;
(b) inform users of their services through their trading conditions of the possibilities of using the work in accordance with this Act.
(2) The information referred to in paragraph 1 (a) shall be provided by the provider of the online content sharing service to the person who has contractually acquired the exclusive right to use the work or who is entrusted by law to exercise that right.
(1) The online content sharing service provider is obliged to establish an effective and rapid complaint-handling and redress mechanism that can be used by the user of its service in the event of disputes concerning the prohibition of access to, or removal of, the uploaded part. The lodging and handling of complaints must be free of charge for users.
(2) If, in the context of the handling of a complaint referred to in paragraph 1, the author persists in preventing or eliminating his work, he shall be obliged to justify it.
(3) The complaint referred to in paragraph 1 shall be dealt with without undue delay. The examination of a complaint concerning the refusal of access to the part or the removal of the part shall not be exclusively automated.
If the online content-sharing service provider repeatedly and unjustly prevents the uploading of a work, prevents access to a piece or eliminates it within the meaning of § 47 (1) (b) and (c) in contravention of § 49, the legal person may claim the interests of competitors or customers against the provider of the service ban. Paragraph 83 (2) and Paragraph 159a (2) of the Civil Code shall apply to the action under the first sentence.
If the author grants online rights to the content-sharing service provider pursuant to § 18 (1) or (2), this authorisation shall also apply to acts pursuant to § 18 (1) and (2) performed by the user of such a service, unless the user carries out such acts in the course of his business or self-employment or creates significant revenues.
Dispute settlement procedures
Mediation and use of the intermediary
For the purposes of this Act, the mediator's procedure is to provide assistance in the negotiation, submission of proposals, finding solutions to disputed issues and other related activities carried out in order to facilitate the negotiation of licences for the use of an audiovisual work in the manner set out in § 18 (2), resolving disputes arising from § 47 (1) (b) and (c), § 48 (1) (b) and § 49, resolving disputes arising from the right of the author to obtain an appropriate and fair additional remuneration, resolving disputes arising from the obligation of the licensee to submit regular, relevant and complete information to the author on the use of the piece (39) and, in the cases referred to in § 101. Intermediations may be used by rightholders, users pursuant to Paragraph 95 (4) or their associations or collective administrators pursuant to § 95a (1). Intermediaries may use one or more mediators from the Ministry's list of mediators for mediation.
List of intermediaries
(1) The Ministry shall keep a list of intermediaries containing the names of intermediaries and contact details referred to in Section 56 (1). The list of intermediaries is a public administration information system and is published on the Ministry's website.
(2) Authorisations for the performance of the intermediary's activities shall be granted by the Ministry to a natural person who:
(a) fully competent;
(b) integrity; and
(c) professionally qualified.
integrity
(1) Article 54 (2) (b) shall not be considered to be fair in accordance with Article 54 (2) (b) who has been convicted of an intentional offence without being regarded as not being convicted.
(2) Paragraph 96b shall apply mutatis mutandis for the demonstration of integrity.
Professional competence
(1) The competent professional body referred to in Article 54 (2) (c) shall be:
(a) he has obtained a university degree in the Master's study programme; and
(b) have successfully passed the middleman's test.
(2) The middleman's examination shall include the verification of copyright knowledge necessary for the performance of the mediator's activities and of basic knowledge and skills in the area of extrajudicial dispute resolution. The test shall be oral and shall not take more than 2 hours. The examination shall be taken by the applicant before the panel appointed by the Minister of Culture. The Commission shall be at least three members and shall be chaired by a civil servant assigned to the service of the Ministry. The Commission shall have the quorum in the presence of all its members and shall decide by an absolute majority of its members. The test shall be evaluated as a result of "succeeded 'or" failed'. The Commission shall draw up a report on the outcome of the test. An applicant who has failed the test may submit a new application for the test not earlier than 1 year after the date of the test in which it failed.
Visiting intermediary
(1) The activity of an intermediary may also be carried out temporarily or occasionally in the Czech Republic as a visiting intermediary by a national of another Member State of the European Union or of one of the States forming the European Economic Area, who shall be entered by the Ministry in the list of intermediaries as a guest intermediary upon request. Paragraph 56 (1) shall apply mutatis mutandis to the submission of such an application. The application shall be accompanied by a copy of the document certifying that it is authorised to carry out an activity comparable to that of an intermediary in accordance with the legislation of another Member State of the European Union or of one of the States forming the European Economic Area. The Ministry shall enter it on the list of intermediaries without undue delay upon fulfilment of the above conditions; However, a person who is not fully self-employed or fit to act may not be included in the list of intermediaries.
(2) The activity of the guest mediator in the Czech Republic is governed by the law of the Czech Republic. The Visiting Intermediary is entitled to perform the activities of mediator under this Act within the territory of the Czech Republic from the date on which it will be entered in the list of mediators.
Entry into the list of intermediaries, changes to the registered data and removal from the list of intermediaries
(1) In the application for authorisation to carry out the activity of an intermediary, the applicant shall indicate, in addition to the general procedural requirements laid down in the administrative rules, the identifier of his data box or the address for the service of documents in the Czech Republic or, where applicable, an electronic address.
(2) The Ministry shall enter in the list of mediators the person to whom it has granted authorisation under Paragraph 54 (2). The entry in the list of intermediaries shall be carried out by the Ministry on the date on which the authorisation is granted.
(3) The intermediary shall notify the Ministry of changes to the data referred to in paragraph 1 without undue delay.
(4) The Ministry will remove from the list of mediators an intermediary who has died or has been declared dead or missing.
(5) The Ministry shall withdraw the authorisation to carry out the activity of an intermediary and remove it from the list of intermediaries or remove it from the list of visiting intermediaries if the intermediary or visiting intermediary:
(a) has been limited in its own right;
(b) no longer fulfils the condition of integrity;
(c) has requested the withdrawal of the authorisation to carry out the activity of the intermediary or, in the case of the visiting intermediary, of entry in the list of intermediaries; or
(d) has infringed the obligation of an intermediary laid down by this law in a serious manner, or has, in spite of a written notice by the Ministry, repeatedly violated it during the last 2 years.
(6) The Ministry will remove the guest mediator from the list of intermediaries if his entitlement to carry out an activity comparable to that of an intermediary which he was authorised to carry out in accordance with the legislation of another Member State of the European Union or of one of the States constituting the European Economic Area has expired.
(7) The intermediary or the visiting intermediary shall notify the Ministry in writing of the facts which justify the withdrawal of the authorisation to carry out the activity of the intermediary or the removal from the list of intermediaries no later than 15 days after the date on which it became aware of them.
Procedure for using the intermediary
(1) A request for mediation pursuant to Article 53 shall be submitted in writing to the mediator or guest mediator by any of the candidates for mediation. The request shall state the current status of the hearing, attach its proposal and communicate the opinion of the other candidates for mediation. The mediator or the guest mediator shall refuse mediation if, taking into account his / her relationship with the case, the person seeking the mediation or his / her representative, it is possible to doubt his / her bias.
Contents
ČÁST PRVNÍ
Čl. I
㤠21a
㤠23
㤠25b
㤠27c
㤠31a
㤠37b
㤠38g
㤠39c
§ 39d
„Díl 6
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 51a
§ 52
Díl 7
§ 53
§ 54
§ 54a
§ 54b
§ 55
§ 56
§ 57
„Díl 7
§ 87b
㤠90
㤠97ea
㤠101
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
㤠2374
㤠2374a
㤠2378
㤠2381
ČÁST SEDMÁ
Čl. VIII
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Regulation Information
| Citation | Act No. 429 / 2022 Coll., amending Act No. 121 / 2000 Coll., on Copyright Law, on Copyright Law Rights and on the Amendment of Certain Laws (Copyright Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2022 |
|---|---|
| Effective from | 05.01.2023 |
| Effective until | - |
| Status | Valid |
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