Decree of the Government of the Czech Republic No. 58 / 1993 Coll.

Q: Is Decree of the Government of the Czech Republic No. 58 / 1993 Coll. still valid?

Yes, Decree of the Government of the Czech Republic No. 58 / 1993 Coll. is still valid and effective.

Ordinance of the Government of the Czech Republic amending and supplementing the Government Order of the Czech Socialist Republic No. 159 / 1969 Coll., on Cultural Funds, on Contributions of Beneficiaries of Copyright and Executive Artists to Cultural Funds, on Contributions for the Use of Free Works of Literary, Scientific and Artistic and on Contributions of Users of Works, as amended by Decree of the Government of the Czech Socialist Republic No. 20 / 1973 Coll. and Decree of the Government of the Czech Republic No. 342 / 1991 Coll.

Valid Effective from 03.02.1993

Čl. I „§ 1 „§ 2 „§ 3 „§ 4 „§ 6 „§ 35 „§ 35a „§ 36 „§ 38a „ČÁST IV § 38b Čl. II Čl. III

GOVERNMENT REGULATION

Czech Republic

of 30 December 1992

amending and supplementing the Government Regulation of the Czech Socialist Republic No. 159 / 1969 Coll., on Cultural Funds, on the Contributions of Beneficiaries of Copyright and Executive Artists to Cultural Funds, on Contributions for the Use of Free Works of Literary, Scientific and Artistic Works and on Contributions of Users of Works, as amended by the Government of the Czech Socialist Republic No. 20 / 1973 Coll. and the Government of the Czech Republic Decree No. 342 / 1991 Coll.

The Government of the Czech Republic orders pursuant to § 35 paragraph 3, § 41 paragraph 2 and § 42 paragraph 3 of Act No. 35 / 1965 Coll., on works of literary, scientific and artistic (Copyright Act):

Čl. I

The Government Order of the Czech Socialist Republic No. 159 / 1969 Coll., on Cultural Funds, on the Contributions of Beneficiaries of Copyright and Executive Artists to Cultural Funds, on Contributions for the Use of Free Works of Literary, Scientific and Artistic Works and on Contributions of Users of Works, as amended by the Government of the Czech Socialist Republic No. 20 / 1973 Coll. and Decree of the Government of the Czech Republic No. 342 / 1991 Coll., is amended as follows:

„§ 1

(1) The following cultural funds (hereinafter referred to as "funds") provide support for the creative activity of literary, scientific and artistic:

a) Czech Literature Fund for the field of creative activities in the field of verb, theatre, film, radio, television and entertainment with special sections for

- beautiful literature,

- scientific and professional literature,

- journalism,

- translation,

- theatre, radio and entertainment,

- film and television,

- performers in theatre, radio, film, television and entertainment,

b) Czech Music Fund for Creative Activities in Music with Special Sections for

- serious music,

- popular music,

- performers in the field of music,

- music science and criticism,

c) Czech Fine Arts Fund for Creative Activities in the field of Fine Arts and Architecture with Special Sections for

- art,

- architecture.

(2) The seat of the funds is Prague. "

„§ 2

The support for creative activities is implemented by the Funds in particular:

(a) creating material conditions for the creation and implementation of literary, scientific and artistic works and works of art;

(b) providing scholarships, allowances and loans to support creative activities;

(c) the establishment, operation and management of undertakings and installations consistent with the mission of the Funds. "

„§ 3

(1) The source of the income of the funds is contributions for the use of free works of literary, scientific and artistic (§ 35 (3) of the Copyright Act), contributions from the recipients of copyright and executive artists (§ 42 (1) of the Copyright Act) and contributions from the users of works (§ 42 (2) of the Copyright Act).

(2) In addition to the contributions referred to in paragraph 1, the resources of the revenue of the Funds shall constitute revenue from the activities of the undertakings set up by them, the proceeds of their own assets, the gifts, the inheritance, the grants of foundations and other contributions. ';

4. Paragraph 4, including footnote 1, reads as follows:

„§ 4

(1) The management of the Funds shall be carried out by their Management Board. Supervisory boards shall supervise fund management. The term of office of the Administrative and Supervisory Councils shall be two years.

(2) The members of the Administrative and Supervisory Councils are elected by representatives of associations of authors, performers and users of works from the creative fields of individual funds from candidates proposed by these associations. 1)

(3) Section leaders are section committees. They shall be established by the Management Board of each Fund.

(4) The Management Board of the Funds and the Committees of the Sections shall elect a Chairperson and Vice-Chair from among its members.

(5) Members of the administrative boards and committees of the sections are not entitled to participate in any revenue from the Funds in person during their term of office, with the exception of reimbursement of costs incurred in connection with the performance of their duties.

(6) Membership of the Management Board and the Committees of sections is an honorary function.

(7) The Management Board of the Funds shall, by 31 March of the current year at the latest, issue an annual report which shall contain in particular the data on the management of the Fund for the previous calendar year.

(8) The Director shall act on behalf of the Fund, appointed and withdrawn by the Management Board of the Fund.

(9) The details of the tasks and tasks of each Fund, the form of their implementation, as well as internal relations and other details of the activities of the Funds' bodies shall be determined by their Management Board.

1) Act No. 83 / 1990 Coll., on the association of citizens, as amended. § 20f Civil Code. ';

Section 5 is deleted.

„§ 6

Funds shall submit an annual report to the Ministry of Culture of the Czech Republic (hereinafter referred to as "the Ministry") within the time limit laid down in Article 4 (7) of this Regulation. '

7. § 7 to 13 are released.

8. In Paragraph 14 (1), "2% 'is replaced by" 1%'.

9. Paragraph 14 repeals paragraph 3. Paragraph 4 shall become paragraph 3.

10. In Article 15 (1), "2% 'is replaced by" 1%';

Note 2:

"2) Act No. 455 / 1991 Coll., on Business Business (Trade Act). '.

11. in Article 17 (1), the words "following an order issued by the Minister of Culture" shall be replaced by the words "in proportion to the ratio determined by the Management Board."

12. in Article 17 (1) (d), the words "or works produced by similar means" shall be inserted after the word "film."

Note 3:

"3) § 6 of Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended."

13. in Article 17 (1) (e), the words "or works produced by a similar method (3)" shall be inserted after the words "or works produced by a similar method (3)";

14. in Article 17 (2) (a), the words "or works produced in a similar manner" shall be inserted after the words "film."

15. in Article 17 (2) (b), the words "or works produced by similar means" shall be inserted after the words "film."

16. in Paragraph 17 (4), "5% maximum" is replaced by "9% maximum";

17. In Paragraph 18, the word "socialist" in the name of the Republic is deleted in the sentence before the semicolon and the sentence after the semicolon is deleted.

18. Paragraph 21 is deleted.

19. in Article 23 (1), the words "or works produced by a similar method" shall be inserted after the words "for the production of the film."

20. In Article 23 (1), the words "the amount which he would have been obliged to pay as a copyright if the work had not been free 'are replaced by the words" usually provided by the author's remuneration for the same use of a similar work which is not free'.

21. In Paragraph 23 (2), the words "for such use as he would have been obliged to pay had the work not been free" shall be replaced by the words "usually provided for the same use of a similar work which is not free."

22. In Article 24, the words "for such use as he would have been obliged to pay if the work had not been free 'are replaced by the words" usually provided for the same use of a similar work which is not free'.

23. In Paragraph 25, the word "socialist" is deleted.

24. In Article 26, the words "25 hal. per year for each authorised radio receiver holder 'are replaced by the words" 1% of the total of copyright fees for the use of all works'.

25. in Article 27, the words "30 hal. per year for each authorised broadcaster" shall be replaced by the words "1% of the total of the royalties for the use of all works."

26. in Paragraph 28 (b), "15" is replaced by "5."

27. in Paragraph 29 (a), the words "or works produced by similar means" shall be inserted after the words "use of films."

28. in Paragraph 29 (b), the words "or works produced by similar means" shall be inserted after the words "use of films."

29. in Paragraph 29 (c), the words "or works produced by a similar method" shall be inserted after the words "production of films."

30. In Article 30 (2), the words "or works produced by a similar method (3) 'shall be inserted after the words" for the manufacture of films'.

31. In Paragraph 32 (1), the words "from the retail price of the whole load 'are replaced by the words" from the sales for non-periodic publications sold after deduction of costs'.

32. In Section 32, point 4, the words "and sound image 'and the words" aggregate gross sales for the images sold' are replaced by the words "sales for the pictures sold after deduction of costs'.

33. In Paragraph 32 (5), the words "of the total revenue of radio and television charges' are replaced by the words" of the total of the copyright fees for the use of all works'.

34. In Paragraph 32 (6), the words "or works produced by similar means (3) 'shall be inserted after the words" public film projection'.

Paragraph 35 reads:

„§ 35

Contributions for the use of free works of literary, scientific and artistic works shall be made to individual funds as follows:

(a) The Czech Literary Fund, with the exception of the related works of art (point (c)) and works of music with or without text (point (b)), works of journalism (contributions to periodical printing, radio, television), including journalism, theatre, film or similar works, 3)

b) Czech Music Fund using musical works with or without text and musical components of theatrical, film or similar works,

c) The Czech Fine Arts Fund, using works of fine arts including works of architectural art and works of the art used and works of photography, with the exception of those referred to in (a). "

36. The following Section 35a is inserted after Section 35:

„§ 35a

(1) The contributions of the users of works carried out pursuant to § 32 (2), (5), (7), (8), (9) and (10) shall be made to individual funds pursuant to § 35.

(2) The contributions of the users of the works carried out pursuant to § 32 (1) to the Czech Literary Fund and the Czech Fine Arts Fund in a ratio of 2: 1.

(3) The contributions of the users of works carried out pursuant to § 32 (3), (4) and (6) shall be paid equally to individual funds. "

37.

„§ 36

(1) The selected organisations shall pay contributions for the use of vacant works and the contributions of the users of works collected in a calendar month by the 20th day of the following month to the relevant cultural funds pursuant to Sections 35 and 35a.

(2) The selected organisations may deduct from the total amount of the selected contributions a maximum of 9% of the costs of the collection. ';

38. The following Section 38a is inserted after Section 38:

„§ 38a

(1) The existing Fund Committees shall cease to exist on the date of the appointment of the Interim Board of the Funds (hereinafter referred to as the "Board"). Until the election of the Management Board of the Funds pursuant to Article 4, the Board shall perform their functions.

(2) The members of the Board shall be appointed and removed by the Minister of Culture, with a minimum of 9 members and a maximum of 13 members of the Board of one Fund, after consultation with representatives of associations of authors, performers and users of works.

(3) The Council shall adopt an organisational regulation containing in particular the ballot key, on the basis of which the administrative and supervisory board referred to in Article 4 (2) must be elected no later than 6 months after the establishment of the relevant board. The election key shall be published by the Council no later than 60 days before the election to the Administrative and Supervisory Councils. ';

39. the following Part IV is inserted after Part III:

„ČÁST IV

Transitional provision

§ 38b

The contributions of authors and performers in accordance with Part II of this Regulation and of users of works referred to in Section 2 of Part III of this Regulation shall not be levied or collected for the period from 1 February 1993 to 31 December 1993. ';

40. Part IV is renumbered Part V.

Čl. II

The proceeds from the contributions for the use of free works of literary, scientific and artistic sciences and from the contributions of users of works concentrated on the special account of the Ministry of Culture of the Czech Republic, including the proceeds from these contributions made for January 1993, will be distributed by the Minister of Culture to the Czech Literary Fund, the Czech Music Fund and the Czech Fine Arts Fund by 31 March 1993. In doing so, they proceed in accordance with Sections 35 and 35a.

Čl. III

This Regulation shall enter into force on the day of its publication.

Klaus v. r.