Act No. 50 / 2019 Coll.
Act amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended
Valid
Law
Effective from 15.02.2019
Text versions:
15.02.2019
50
THE LAW
of 1 February 2019
amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended
Parliament has decided on this law of the Czech Republic:
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 / 2006 Coll., Act No. 168 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 156 / 2013 Coll., Act No. 433 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 228 / 2014 Coll., Act No. 555., Act No. 356 / 2014 Coll., Act No. 156 / 2013 Coll.
1. At the end of footnote 1, the sentence "Directive (EU) 2017 / 1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights in favour of persons who are blind, visually impaired or with other reading disabilities and amending Directive 2001 / 29 / EC on the harmonisation of certain aspects of copyright and related rights in the information society shall be added to the separate line. '.
2. In Section 1 of the Introductory Part of the provision, "the words" shall be inserted after the word "unie1" and shall be followed by the directly applicable European Union28 '.
Footnote 28 reads as follows:
"(28) Regulation (EU) No 2017 / 1563 of the European Parliament and of the Council of 13 September 2017 on the cross-border exchange of format-accessible copies of certain works and other subject matter protected by copyright and related rights between the Union and third countries for the benefit of blind persons, visually impaired persons or persons with other reading disorders.";
3. Paragraph 38, including the title, reads:
The use of the original or a copy of the work of art, photographs or works, expressed in accordance with a similar photograph, by means of an exhibition
Neither the owner nor the person who borrows from the owner an original or a copy of the work of art, photograph or work expressed in a similar photograph procedure shall interfere with copyright unless the author, when transferring ownership to such an original or such a copy, has prohibited it and the owner or the borrower has known or had to be known, in particular because the registration is included in the list kept for that purpose by the collective administrator. '
footnote 15 is deleted.
4. Paragraph 39, including the title and footnote 29, reads as follows:
Licences for persons with disabilities
(1) The copyright does not affect those who:
(a) solely for the needs of persons with disabilities, to the extent appropriate to their disability, and not for the purposes of direct or indirect economic or commercial gain, they shall produce or produce a copy of the work; a copy of the work thus made may also be disseminated and communicated by it, unless it is for the purpose of direct or indirect economic or commercial benefit; or
(b) provide a copy of the audio-visual recording of the audiovisual work solely for the needs of persons with visual or auditory disabilities and not for the purpose of direct or indirect economic or commercial benefit by verbal expression of the visual component or by supplementing the visual or text means necessary to make the work available to those persons; the audiovisual work so supplemented may also be reproduced, disseminated and communicated, unless it is for direct or indirect economic or commercial benefit.
(2) Paragraph 1 shall apply to the audiovisual work only if it has been issued.
(3) The author's right shall not be affected by a person who operates a television broadcast and, in accordance with the law, broadcasts a series of 29), supplemented by an audible description, which serves to make the programme accessible to persons with visual impairment, unless the service is charged or is made available for direct or indirect economic or commercial benefit.
(4) The person referred to in Paragraph 37 (1) does not also intervene in copyright law if he lends originals or copies of published works for the needs of disabled persons in connection with their disability.
(5) Paragraph 30 (5) shall apply mutatis mutandis.
29) Paragraph 2 (1) (l) of Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended. '
5. The following Sections 39a and 39b are inserted after Paragraph 39:
Licences for certain uses of the work for the benefit of persons with visual impairment or persons with other reading disorders
(1) For the purposes of this Section and Paragraph 39b, the beneficiary authorised shall be the person who:
(a) is blind or has other visual impairment which cannot be compensated or reduced by the means normally available in such a way as to be able to read substantially the same way as a person without such a disability;
(b) has a perception or reading disorder which makes it impossible to read substantially the same way as a person without such a failure; or
(c) is unable to hold a book, magazine, newspaper or similar document, or to manipulate or focus eyes or to move eyes to an extent normally acceptable to read.
(2) For the purposes of this Section and Section 39b, a formatted copy shall mean a copy of the original or a copy of the work in the form of a book, a specialist periodicals, a newspaper, a journal, other documents, including related illustrations, or a notation, on any medium, made in an alternative version or format, which allows the authorised recipient to read or otherwise perceive the work in the same way as a person without disability or failure in accordance with paragraph 1.
(3) For the purposes of this Section and Section 39b, a authorised provider shall be considered to be one of its main activities or as part of its public interest mission, not for the direct or indirect economic or commercial benefit, to the entitled beneficiaries of education, instruction, adaptive reading or access to information.
(4) Copyright does not interfere
(a) an authorised consignee or a person acting in his or her interest, where he or she makes a format accessible copy for the sole use of the authorised consignee;
(b) an authorised provider residing or having its registered office in the Czech Republic who, not for the purposes of direct or indirect economic or commercial benefit, produces a format accessible copy and extends, lends or communicates to the authorised consignee or to another authorised provider residing or having its registered office in the Czech Republic for the sole use of the authorised consignee;
(c) an authorised provider residing or having its registered office in the Czech Republic who, not for the purpose of direct or indirect economic or commercial benefit, produces a format accessible copy and extends, for the sole use of the authorised consignee,, lodges or communicates to the authorised consignee or another authorised provider residing or having its registered office in the territory of another Member State of the European Union or in the territory of another State, in accordance with the directly applicable European Union28); or
(d) an authorised consignee or an authorised provider residing or having its registered office in the territory of the Czech Republic who, not for the purpose of direct or indirect economic or commercial benefit, imports or receives or otherwise obtains a format accessible copy, distributed or communicated to the authorised beneficiaries or authorised providers by an authorised provider residing or having its registered office in the territory of another Member State of the European Union or in the territory of another State under the directly applicable European Union28).
(5) The application of the statutory licence referred to in paragraph 4 shall not be contractually excluded or limited.
Obligations of the authorised provider
(1) An authorised provider residing or having its registered office in the Czech Republic who benefits from a statutory licence pursuant to § 39a (4) (c) or (d) is obliged to:
(a) to disseminate, lend or communicate in a format accessible to the authorised consignee or other authorised provider;
(b) take measures to prevent the illicit reproduction, dissemination, lending or communication of a format accessible copy to the public;
(c) give due care to the handling of the work and its format-accessible copy and keep records thereof; and
(d) information on how it complies with the obligations set out in points (a) to (c), publish and keep up to date on its website and, at the same time, provide it to authorised beneficiaries by other appropriate means.
(2) An authorised provider residing or having its registered office in the Czech Republic, which makes use of a statutory licence pursuant to § 39a (4) (c) or (d), shall, on request, provide to the authorised consignee, another authorised provider or author, in an appropriate manner,
(a) a list of the works at its disposal, including an indication of the available formats; and
(b) the names and contact details of the authorised providers with which they cooperate in the exchange and provision of format-accessible copies. ';
6. In Article 43 (4), the text "§ 38," is deleted and the words "and § 38e" are replaced by "§ 38e, 39 and § 39a (4)."
7. in Sections 74, 78 and 82, the words "Sections 37 to 38a" are replaced by "Sections 37, 37a, 38a" and "Sections 40 to 44" are replaced by "Sections 39 to 44."
8. In Paragraph 86, the text "§ 38 (1) (a) 'is deleted and the words" § 40 to 44' are replaced by the words "§ 39 (1) (a), § 39a to 44 '.
9. In § 94, the words "§ 40 to 44 'are replaced by" § 39a to 44'.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
v z. Brabec v. r.
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Regulation Information
| Citation | Act No. 50 / 2019 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.02.2019 |
|---|---|
| Effective from | 15.02.2019 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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