What is Act No. 496 / 2012 Coll.?

Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Act on Audiovisual) — Act on Audiovisual Works and the Promotion of Cinematography and the Amendment of Certain Laws (Audiovisual Act).

When it became Act No. 496 / 2012 Coll. effectiveness?

Act No. 496 / 2012 Coll. became effective 01.01.2013.

Is Act No. 496 / 2012 Coll. still valid?

Yes, Act No. 496 / 2012 Coll. is still valid and effective.

How many times was it Act No. 496 / 2012 Coll. amended?

Act No. 496 / 2012 Coll. has 16 time versions of the text.

Act No. 496 / 2012 Coll. - Act on Audiovisual Works and the Promoti...

496

THE LAW

of 26 October 2012

on audiovision

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

AUDIOVISES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Act provides for:

(a) obligations relating to the production and making available of cinematographic and other audiovisual works;

(b) the status and activity of the National Film Archive; and

(c) the status and activity of the State Fund for Audiovisual, its financing, the granting of support to projects in the field of Audiovisual ("Audiovisual Support") and the provision of incentives to the film industry ("Film Incentives").

(2) The provisions of Sections 3 and 6 to 8 and the provisions governing the promotion of audio and film incentives do not apply to:

(a) videorecordings 53), video clips or programmes based thereon;

(b) works containing pornography, gross self-effective violence, works offending human dignity and works inciting the commission of a crime; and

(c) news programmes, publicity programmes, records of cultural or sporting events and entertainment and competition programmes.

§ 2

Basic concepts

(1) For the purposes of this Act:

(a) cinematographic presentation of the audiovisual workshop (1) to the public in a cinema or similar manner;

(b) audiovisual works intended to be made available to the public through cinematographic performances; a cinematographic work is not considered to be an audiovisual work, which is advertising 2),

(c) audiovisual works intended to be made available on television or by means of audiovisual media services on request; the audiovisual work, which is advertising (2), is not regarded as a television work;

(d) by the infrastructure, a set of related procedures and activities enabling the use of the audiovisual work or part thereof; for the purpose of providing audio-visual support, projects from the headings referred to in points (c) to (j) of Paragraph 31 (1) shall be considered as audio-visual infrastructure;

(e) an animated audiovisual work which uses animation techniques and does not include a continuous record of live action;

(f) an interactive video game with audiovisual elements consisting of a game or simulation using digital technology is capable of being issued via an electronic or physical medium, is managed by a computer program enabling a person playing the game to interact with the dynamics of the game or simulation and contains at least 2 of the following elements in digital form:

1. text,

2. Sound,

3. a static image; or

4. animated images;

for the purposes of this Act, a video game shall be considered an audiovisual work;

(g) by a manufacturer who is the holder or one of the holders of an authorisation to exercise the right to use (3) an audiovisual work, including the works of authors and works of art used in it, and, at the same time, the rights of the producer of the phonogram (4) to record or share the audiovisual work;

(h) co-producer of each producer, if more than one producer of the same audiovisual work;

(i) Czech audiovisual works,

1. in the manufacture of which the producer or co-producer, having its registered office or permanent residence in the Czech Republic, participated in at least 10% of the financing of the total production costs; or

2. the production of which a co-producer with his registered office or place of permanent residence in the Czech Republic has participated in the production of a co-producer who does not have his registered office or place of permanent residence in the Czech Republic, and this audiovisual work complies with the conditions of the European Convention on Film Co-production (hereinafter referred to as "the Convention") 5, the Council of Europe Convention on Film Co-production in the revised version (hereinafter referred to as "the Revised Convention"), or other international co-production agreements, which the Czech Republic is bound (hereinafter referred to as "the International Agreement on Film Co-production)," irrespective of how it participated in the financing of its production costs;

(j) by the distributor, the person who, in his or her business and within the scope of his or her authorisation from the holders of rights to use the audiovisual work and its recording, if not for a video game,

1. produce or have copies of it made for the purpose of extending, renting or lending 6) and further expand, lease or lend copies thus produced in the Czech Republic;

2. provides third parties with an authorisation to use an audiovisual work on the territory of the Czech Republic through a cinematographic presentation, via an audiovisual media service at the request of 7) or a television broadcast8) and, as a general rule, also provides a record of an audiovisual work to the acquirer for this purpose;

(k) by the organiser of the cinematographic performance, the person who organises the cinematographic performance at his or her expense and responsibility;

(l) by a video game manufacturer, a person who is the holder or one of the holders of a right to use a video game under the Copyright Act (3), or part thereof, including copyright works, computer programs, artistic performances and audiovisual elements used therein, or a share of that right.

(2) Where they carry out the activities referred to in paragraph 1, point (b) shall apply. (j) the producer or co-producer of the Czech audiovisual work, shall be considered as a distributor for the purpose of carrying out the obligations under this Act.

HLAVA II

OBLIGATIONS RELATING TO THE PRODUCT OF AUDIOVISUAL WORKS AND THEIR PUBLIC ACCESSION

§ 3

Subtitles for hearing impaired

(1) Headlines for the hearing impaired are an image captured and optionally adjustable text in the Czech language which is synchronised with the audio track of the audiovisual work and captures, possibly approximates, spoken speech and other sounds contained in the audiovisual work in a way that allows the hearing impaired to be oriented in the audiovisual work.

(2) The distributor of the Czech audiovisual work, if not for a video game, is obliged to provide copies to the public in the territory of the Czech Republic of the subtitles for hearing impaired in accordance with paragraph 1 and to mark the packaging of such copies with the words "Headlines for hearing disabled."

§ 4

Classification of cinematographic works

(1) Any cinematographic work must be marked with a classification in respect of the suitability of its contents for minors before making it available in the Czech Republic. The purpose of the classification is to limit the accessibility of cinematographic works whose content may interfere with the physical, psychological or moral development of minors.

(2) Cinematographic work is classified as:

(a) accessible without restriction;

(b) unfit for minors under the age of 12;

(c) unfit for minors under the age of 15; or

(d) not accessible to minors under the age of 18.

§ 5

Obligations in the classification of cinematographic works

(1) The producer or co-producer with his registered office or place of permanent residence in the Czech Republic is obliged to classify the Czech cinematographic work and to notify the classification to his distributor.

(2) The distributor is obliged to classify a non-Czech cinematographic work which he distributes in the Czech Republic.

(3) The distributor shall notify the classification referred to in paragraphs 1 and 2 to each filmmaker, audiovisual media service provider at the request of 9) and to the other persons to whom he authorises the use of the work for the territory of the Czech Republic.

(4) The distributor referred to in Article 2 (1) (j) (1) is required to mark the packaging of copies of the cinematographic work by marking its classification. Where such copies contain more than one cinematographic work, the classification of the cinematographic work shall be used for the designation of such copies with the highest degree of accessibility under Paragraph 4 (2).

(5) The organizer of the cinematographic performance shall ensure that the distribution of the reported classification of the cinematographic work is made public in connection with the announcement of the cinematographic performance. When performing a cinematographic performance, the organizer is obliged to ensure that the participation of persons who may be subject to a restriction on the accessibility of the work under § 4 (2) (d) is excluded.

(6) A person who sells, rents (10) or lends (11) a copy of a cinematographic work marked by a classification in accordance with § 4 (2) (d) may not sell, rent or lend to a person subject to a restriction of accessibility under the classification.

(7) The distributor shall classify, in accordance with Section 4, audiovisual setups or other forms of advertising relating to the distributed cinematographic part intended for cinematographic performances if, in view of the suitability of the contents for minors, they meet the conditions for classification under Section 4 (2) (d) and shall notify the organiser of the cinematographic presentation. The distributor of a cinematographic work already classified in accordance with § 4 (2) (d) shall ensure that audiovisual setups or other forms of advertising relating to such a cinematographic work include a designation of classification for such a cinematographic work if the cinematographic work is classified more strictly than the one which, according to the first sentence, classifies the audiovisual seturees or other forms of advertising relating thereto.

(8) The organiser of a cinematographic performance may not, before, during and immediately after the beginning of the performance of the performance, make the audiovisual teats referred to in paragraph 7 more stringent than the cinematographic work which is the principal programme of the cinematographic performance available to the public.

§ 6

Offering obligation for Czech cinematographic works

(1) The manufacturer of the Czech cinematographic work or his co-producer with his registered office or place of permanent residence in the Czech Republic is obliged to offer the National Film Archive in writing within 60 days of the date of publication of the work.

(a) 2 copies of this work in the quality of the copy intended for cinematographic performances;

(b) a copy of this work of a quality suitable for the production of copies intended to be made available to the public through cinematographic performances;

(c) digital copies of the final documents arising from the literary preparation of the work; and

(d) digital copies of all types of promotional material for this part in quality intended for their production.

(2) Where more than one technological, editing, linguistic or otherwise distinct copy is used for cinematographic performances of the work concerned, all such species shall be indicated in the written tender referred to in paragraph 1.

(3) The time limit for receipt of the contract application referred to in paragraph 1 shall be 6 months from the date of service of the application.

(4) The producer or co-producer referred to in paragraph 1 shall transmit to the National Film Archive copies of the Czech cinematographic work covered by the contract within 6 months of the date of its conclusion; digital copies shall not be encrypted. Within the same period, the producer or co-producer shall also be obliged to forward to the National Film Archive the other items covered by the contract.

(5) The producer or co-producer referred to in paragraph 1, who is at the same time the beneficiary of the aid for the audit referred to in Article 31 (1) (b), shall, within 60 days of the date of publication of the supported work, offer in writing the draft contract to the National Film Archive all copies referred to in paragraphs 1 and 2 free of charge. Paragraphs 3 and 4 shall apply mutatis mutandis to the time limit for the receipt of a proposal for the conclusion of a contract and the transfer of cases after the adoption of such a proposal.

(6) Paragraph 5 shall not apply to a copy of a work of quality suitable for the production of copies intended to be made available to the public by means of cinematographic performances not made in digital form. The obligation of the manufacturer of a Czech cinematographic work or his co-producer with his registered office or place of permanent residence in the Czech Republic to offer in writing a draft contract to the National Film Archive such a copy as referred to in paragraph 1 (b) remains unaffected.

§ 6a

Tender obligation for Czech television works

(1) The manufacturer of a Czech television work or his co-producer with his registered office or place of permanent residence in the Czech Republic, who is at the same time the beneficiary of the aid for audiovision pursuant to § 31 (1) (b), is obliged to offer the National Film Archive, free of charge, in writing within 60 days of the date of publication of this work

(a) 2 copies of this work in the quality of the copy intended to be made available to the public by means of television broadcasting or audiovisual media services on request;

(b) a copy of this work of a quality suitable for the production of copies intended to be made available to the public by means of television broadcasting or audiovisual media service on request;

(c) digital copies of the final documents arising from the literary preparation of the work; and

(d) digital copies of all types of promotional material for this part in quality intended for their production.

(2) Where several technological, editing, linguistic or otherwise different types of copies of the work are used on request to the public by means of television broadcasting or audiovisual media services, all such types shall be included in the written tender referred to in paragraph 1.

(3) The time limit for receipt of the contract application referred to in paragraph 1 shall be 6 months from the date of service of the application.

(4) The producer or co-producer referred to in paragraph 1 shall transmit to the National Film Archive copies of the Czech television works covered by the contract within a period of 6 months from the date of its conclusion; digital copies shall not be encrypted. Within the same period, the producer or co-producer shall also be obliged to forward to the National Film Archive the other items covered by the contract.

§ 6b

Common provisions on the tendering obligation

At the moment of the transfer of the case pursuant to § 6 or 6a, the case becomes property of the Czech Republic with which it is responsible to manage the National Film Archive (12). By transferring ownership to copies of Czech cinematographic works, Czech television works and other materials pursuant to § 6 or 6a, the National Film Archive does not acquire the right to use the relevant Czech cinematographic works, Czech television works and other materials in any way, unless it is authorised by copyright and copyright-related rightholders, unless special law 1 provides otherwise.

§ 7

Registration of audiovisual works

(1) The producer or co-producer of a Czech audiovisual work, not about a video game, having its registered office or place of permanent residence in the Czech Republic, is obliged to notify the National Film Archive by 31 January following the calendar year in which it was made available to the public in the Czech Republic.

(2) The manufacturer of a Czech audiovisual work, which is a video game, having its registered office or permanent residence in the Czech Republic, who is also the beneficiary of the audio-visual support provided for in § 31 (1) (b), is obliged to notify the National Film Archive by 31 January following the calendar year during which it was made available to the public in the Czech Republic.

(3) The distributor is obliged to notify the National Film Archive of any cinematographic work and any television work in its distribution made available to the public in the Czech Republic through cinematographic performances, television broadcasting or audiovisual media services on request, no later than 31 January following the calendar year during which it was made available to the public in the Czech Republic.

(4) The notification referred to in paragraphs 1 to 3 shall include:

(a) the title of the audiovisual work and, in the case of a non-Czech audiovisual work, its name in the original language version as well as the name under which the audiovisual work is made available to the public in the Czech Republic if it differs from that in the original language version;

(b) except for video game announcements, the name or names, and the surname of the author or authors of the audiovisual work and authors of the main works of audiovisual used13), if they are known and if the author has not shown his willingness to publish the work without giving the names14); If the author has shown the will to be marked with a pseudonym, his name and surname will be given by a pseudonym,

(c) except for video game announcements, names or surnames, or, instead, pseudonyms of performers in the main acting roles, if they are known and if the performer has not shown the will to publish artistic performance without giving the names14),

(d) in the case of a Czech audiovisual work, a commercial firm, a name or a name, if any, and a surname, registered office or place of permanent residence of the manufacturer or of all co-producers;

(e) the year of making the audiovisual work available to the public;

(f) in the case of a cinematographic work, the classification of a cinematographic work according to Article 4;

(g) an indication of the original language version of the audiovisual work;

(h) except for the video game notification, the length of the audiovisual work in metres, the length of the digital work in minutes;

(i) in the case of a Czech audiovisual work produced with the participation of foreign co-producers as a percentage of the co-producer's share or together of all co-producers with their registered office or place of permanent residence in the Czech Republic to finance the costs of the production of the Czech audiovisual work and of the percentage expressed by the co-producer's share or together with all co-producers with their registered office or place of business in the territory of each other to finance the costs of the production of the Czech audiovisual work;

(j) except for video game notifications, details of all kinds of copies of the audiovisual work used to make the work available to the public in the Czech Republic and information on the image and sound format of such copies;

(k) except for the video game notification, an indication of all versions of the audiovisual work, if the audiovisual work is made available to the public in the Czech Republic in several technological, editing or other versions;

(l) in the case of video games, data on all hardware platforms on which it was made available in the Czech Republic, on all content extensions issued in the Czech Republic and all types of media and distribution used in the Czech Republic,

(m) an indication of whether the audiovisual work is made available to the public in the Czech Republic in its original form, whether it is presented in the form of dubbed or subtitled, and, in the case of an audiovisual work made available with dubbing or subtitling, an indication of the person of the translator and the entity which produced the language version; in the case of a video game, this applies to both sound and text parts of the game,

(n) in the case of audiovisual works made available to the public in the Czech Republic in several technological, editing or other versions, an indication of the language version of the audiovisual work referred to in point (m) in relation to each of these different technological, editing or other versions; and

(o) in the case of a video game, a brief verbal description of the video game.

(5) The obligation referred to in paragraphs 1 and 3 shall not apply to broadcasters by law. The obligation referred to in paragraph 3 shall not apply to cinematographic works which are made available to the public in the relevant calendar year in the Czech Republic at no more than 10 cinematographic performances.

(6) The Ministry of Culture (hereinafter referred to as "the Ministry") shall make available a model notification form for the purposes of carrying out the obligations referred to in paragraphs 1 to 3 in a manner which allows remote access.

(7) If the notification referred to in paragraphs 1, 2 or 3 does not contain the complete information referred to in paragraph 4, the National Film Archive shall invite the obliged person to complete the notification within 15 days of the date of receipt of the call. Where the obliged person fails to complete the notification within 15 days of the date of receipt of the call, the obligation referred to in paragraphs 1, 2 or 3 shall be deemed not to have been fulfilled.

(8) The national film archive shall immediately notify the competent regional authority in writing of persons found to have been in breach of the obligation referred to in paragraphs 1, 2 or 3. The notification shall state which person, when and how he has infringed the obligation laid down.

(9) Upon completion of the obligation under paragraph 1, the National Film Archive shall issue to the manufacturer works a certificate of origin certifying that the work fulfils the conditions laid down in Article 2 (1) (i). The certificate shall be drawn up in English.

(10) The National Film Archive shall make the notification referred to in paragraph 4 available to the public in the Czech Republic by the manufacturer of a Czech audiovisual work, which is a video game, having its registered office or permanent residence in the Czech Republic, which shall decide to voluntarily announce a video game which has been made available to the public in the Czech Republic.

HLAVA III

NATIONAL FILM ARCHIVE

§ 8

(1) The National Film Archive, established by the Ministry as a contributory organisation15), is a specialised archive for audiovisual archives. The National Film Archive shall proceed with the selection, registration and care of audiovisual archival according to the law governing archiving and file service.

(2) The mission of the National Film Archive is the construction, protection, restoration, scientific processing, accessibility and use of the National Film Archive Collection. The collection of the National Film Archive shall consist of audiovisual works including video games, sound recordings, photographic, paper or book objects and data on them and their physical capture, including digital, and other materials and information related to their creation, distribution and disclosure to the public. The mission of the National Film Archive also includes cooperation with Czech and foreign audiovisual and cultural institutions in the shaping and dissemination of audiovisual culture, including dissemination through new technologies, the publication of technical literature and research and pedagogical cooperation with primary schools, secondary schools, higher vocational education and higher audiovisual education and other educational institutions involved in audiovisual education.

(3) In addition to archival records according to the Act governing archiving and file service, the National Film Archive also maintains a separate record of audiovisual works and their physical capture, including digital ones, which are part of the National Film Archive Collection. This register shall not be subject to the provisions on the registration of assets under the Accounting Act.

(4) The National Film Archive provides a record of audiovisual works for teaching purposes to primary schools, secondary schools, higher professional cinematographic schools (18), higher cinematographic schools (19), and associations (20), constitutions46) or the general community (21) organising cinematographic performances, if the National Film Archive or the relevant interested party is authorised by the rightholders. The National Film Archive shall be entitled to claim only compensation in this connection for the costs effectively incurred. If the National Film Archive requests such reimbursement, the person who requested the recording of the audiovisual work shall be obliged to pay it.

(5) The use of audio-visual records of Czech audiovisual works produced by the State during the period from 28 August 1945 to 31 December 1991, which, at the date of entry into force of this Act, or after the date of application of this Act, have expired the duration of the rights of the producer of the audio-visual works, is possible only on the basis of their original media, provided that they are the property of the State with responsibility for the management of the National Film Archive or with the written consent of the National Film Archive. The rights of authors of an audiovisual work or works of audiovisual use shall not be affected. The National Film Archive is obliged to make arrangements for the provision of original media to interested persons interested in the use of audiovisual works in such a way as not to create a legal obstacle to the provision of them to other interested persons, the opposite arrangement with the interested person for the provision of media is invalid.

(6) The national film archive may not transfer property rights to, or burden third-party rights to, audiovisual works which are part of the Collection of the National Film Archive or to parts thereof, except for copies of audiovisual works or audiovisual archives made by the National Film Archive to order third parties for their purposes, and except for copies of publications or records produced by the National Film Archive for their publication (22). This is without prejudice to the right of the National Film Archive to license the use of works in respect of which the right to maintain the National Film Archive (12) is applicable, and is without prejudice to the rights of the producer of the phonogram which belongs to the National Film Archive under the Copyright Act (17), and to the intellectual property rights or to their use by the National Film Archive contracted and exercised by it.

(7) Legal acts made contrary to paragraph 5 shall be void.

(8) The National Film Archive shall, on equal terms, grant candidates a licence to use the audio-visual recording of Czech audiovisual works within the scope of rights belonging to them under another law or contract with rightholders and transcriptions of audiovisual works or parts thereof or documentation material, together with the consent of their use in accordance with paragraph 5, unless the candidate is an intended method of use contrary to good manners or legislation or serves to promote or promote the infringement. The revenue from the contracts payable under this paragraph shall be used to finance the activities of the National Film Archive.

(9) Furthermore, the National Film Archive shall keep a record of audiovisual works on the basis of the data referred to in Article 7 and make it available to the public in a way that allows remote access. The National Film Archive shall include an audiovisual work in the register no later than 1 year after receipt of the full notification provided for in Section 7.

HLAVA IV

State Fund for Audiovisual and Aid for Audiovisual and Film Incentives

Díl 1

State Audiovisual Fund

Oddíl 1

Status of the State Fund for Audiovisual

§ 9

(1) The State Fund for Audiovisual (hereinafter referred to as "the Fund"), based in Prague, is hereby established.

(2) The fund is a state fund (23), which is responsible for managing the property of the Czech Republic.

(3) Details of the activities, internal organisation and management of the Fund, the granting of aid for the audit and the granting of film incentives are laid down in the Statute of the Fund. The draft Statute of the Fund or its amendments shall be submitted by the Director of the Fund to the Minister of Culture (hereinafter referred to as "the Minister '), after consultation with the Supervisory Committee (hereinafter referred to as" the Committee') and the approval of the Board of Directors. The Statute of the Fund and its amendments shall be approved by the Government.

(4) The Fund falls within the competence of the Ministry. The Ministry is the management body of the Fund.

Oddíl 2

Activity of the Fund

§ 10

Tasks and activities of the Fund

(1) In particular, the Fund

(a) perform the management of audiovisual charges under this law;

(b) to administer administrative charges the proceeds of which are the income of the Fund;

(c) provide support for audio-vision in 4 categories: support for cinematography, support for television works, support for animated audiovisual works and video games, support for audio-vision infrastructure;

(d) exercise the property rights and property rights of performers which fall under another legislature26);

(e) exercise the rights of the producer of audiovisual works who has passed on to his legal predecessor under another legislature27), and the rights of the producer of the phonogram belonging to him under another legislature17);

(f) allocate co-production status under the Convention, the Revised Convention or any other international co-production contract;

(g) provide film incentives;

(h) carry out a methodological activity;

(i) collect, process and analyse data from the Fund's own activities and the field of audit and carry out related analytical and conceptual activities;

j) carry out activities related to the development of conditions for the production of audiovisual works at national and regional level and promotion activities in the field of audiovision and film industry in the Czech Republic and abroad, including ensuring the participation of the Czech Republic in national and international festivals and markets, and activities related to the membership of the Czech Republic in professional associations in the field of audiovision;

(k) is the administrator of the Fund's Agenda Information System (hereinafter referred to as the Agenda Information System);

(l) carry out activities provided for by other legislation28).

(2) The tasks and activities carried out by the Fund under paragraph 1 constitute a legitimate interest of the Fund under the directly applicable European Union Regulation (55).

(3) The Fund publishes its approved annual report in a way that allows remote access.

(4) The Fund establishes the concept of the development of the Audiovisual Division (hereinafter referred to as the "Conception"), which is the main strategic document of the Fund. The concept defines the objectives of development and the measures by which the Fund will achieve those objectives. The Concept and its amendments shall be published by the Fund in a way that allows remote access.

(5) The Fund shall issue measures under the Concept on the Support for Audiovisual in the form of 4 short-term concepts drawn up annually for the 4 categories referred to in paragraph 1 (c). The short-term concept shall be published by the Fund in a manner that allows remote access by 30 September at the latest for each calendar year immediately thereafter. The amount of assigned revenue in accordance with Article 21 (3) of the Financial Regulation is estimated at EUR 5000000. (c) they must comply with the Concept and must ensure the development of each category.

(6) The Fund monitors and regularly assesses whether audiovisual media service providers on demand established in the Czech Republic and on-demand audiovisual media service providers not established in the Czech Republic but focus on viewers in the Czech Republic, fulfil their obligations under Sections 27 and 27a. The Fund shall submit a report to the European Commission every 2 years to be made available to it within 2 years from the date on which it received the previous similar report24).

Oddíl 3

Institutions of the Fund and the Office of the Fund

§ 11

(1) The institutions of the Fund shall be:

(a) the Board of Directors,

(b) the Committee,

(c) the Board of the Cinematography Support Fund;

(d) the Board of the Fund for the Promotion of Television Works;

(e) the Board of the Fund for the Promotion of Animated Audiovisual Works and Video Games;

(f) the Board of the Fund for the Provision of Infrastructure Support to Audiovisual; and

(g) Director of the Fund.

(2) The Office of the Fund shall comprise the staff of the Fund. The Office of the Fund shall carry out the tasks related to the management and organisational, technical and legal security of the activities of the Fund, in particular providing support for the decisions of the institutions of the Fund and ensuring the execution of the decisions of those bodies. The Office of the Fund shall also collect, process and analyse data from the Fund's own activities and from the field of audit and carry out related analytical and conceptual activities pursuant to Article 10 (1) (i) and process the draft Conception pursuant to Article 10 (4) using the data referred to in Article 10 (1) (i) and using the documents processed for this purpose by the Board.

§ 11a

Board of Directors

(a) approve the Conception under Paragraph 10 (4), the proposal of which is submitted by the Director of the Fund;

(b) approve the allocation of funds for the purpose of supporting the audit of the 4 categories referred to in Article 10 (1) (c) on the basis of a proposal prepared by the Director of the Fund; the distribution of such funds must be consistent with the Concept;

(c) approve the draft Statute of the Fund and its amendments; and

(d) propose to the Minister to appoint an evaluator.

§ 11b

Composition of the Board

(1) The Board of Directors has 15 members.

(2) The Board of Directors is chaired by the Board of Directors of the Fund and by 11 members appointed by the Minister.

(3) The Fund is issuing a call for proposals on board members.

(4) The Minister shall appoint 1 member of the Board for the Ministry and 1 member of the Board on a proposal from the Minister for Finance.

(5) The Minister shall appoint:

(a) 3 members of the Board of Directors for the payment of the audiovisual fee referred to in Article 25 (a), namely 1 member on a proposal from a legal person bringing together cinemas operators, 1 member on a proposal from a legal person bringing together film distributors and 1 member on a proposal from a legal person bringing together producers in the audience;

(b) 2 members of the board of directors for the fees of the audiovisual fee provided for in Article 25 (b), namely 1 member on a proposal from a legal person bringing together audiovisual media service providers on request who are established in the Czech Republic and 1 member on a proposal from a legal person bringing together audiovisual media service providers on request who are not established in the Czech Republic;

(c) 1 Member of the Board of Directors for the payment of an audiovisual fee pursuant to Article 25 (c), on a proposal from a legal person bringing together the broadcasters of the television broadcast; and

(d) 1 member of the board of directors for the fees payable by the audiovisual fee provided for in Article 25 (d), on the basis of a proposal from a legal person bringing together television broadcasters who operate such broadcasting on the basis of a licence granted under another legislature34).

(6) The Minister shall appoint:

(a) one member of the Board of Directors, on a proposal from a legal person bringing together universities or their faculties in the field of audiovisual production; and

Citation	Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Act on Audiovisual)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.12.2012
Effective from	01.01.2013
Effective until	-
Status	Valid

Act No. 496 / 2012 Coll.

Act on Audiovisual Works and the Promotion of Cinematography and the Amendment of Certain Laws (Audiovisual Act)

Contents