Act No. 81 / 2005 Coll.
Act amending Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Laws (Copyright Act)
Valid
Effective from 23.02.2005
81
THE LAW
of 21 January 2005
amending Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act)
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) is amended as follows:
1. In Paragraph 14 (2), the words "in the territory of the Czech Republic 'are replaced by the words" in the territory of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area' and the words "for the territory of the Czech Republic 'are replaced by the words" for the territory of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area'.
2. In Article 22, the following paragraph 3 is added:
"(3) The possibility of receiving current, complete and unchanged radio or television broadcasts on receivers of the same building, or a complex of buildings connected to each other, by means of common home antennas shall not be considered as using the work, provided that only terrestrial and non-coded broadcasts and the joint revenue is not commercially used. ';
3. At the end of Paragraph 23, the following sentence is added: "The provision of radio and television broadcasting shall not be considered to be a work being made available by means of technically capable of receiving radio and television broadcasting services which are resident in the framework of the provision of accommodation-related services, provided that such equipment is located in premises intended for private use by the persons residing. The provision of broadcasting to patients in the provision of health care in medical institutions is also not considered to be a broadcasting activity under Paragraph 18 (3). '
4. In Paragraph 98, at the end of paragraph 3, the dot is replaced by a comma and the following point (f) is added:
"(f) a proposal for the level of remuneration for each method of use of the subject matter."
5. in Paragraph 100 (1) (h):
"(h) to conclude with the users of the subject-matter, or with persons entitled to defend the interests of their connected users who use the subject-matter in the same or similar manner, or with persons liable to pay the remuneration under this law, on reasonable and equal terms of the contract which shall:
1. Grants authorisation to exercise the right to use the items of protection for which they collectively manage such rights;
2. determine the amount and method of payment of the remuneration referred to in Article 96 (1) (a) (1) and (2) and (b) and monitor their performance;
3. determine the amount and method of payment of the remuneration provided for in Article 19 (1) and (2), on the basis of the number of persons to whom the work is communicated;
4. determines how the remuneration provided for by this law is to be paid, ';
6. Paragraph 100 (1) (s) reads as follows:
"(s) publish, in an appropriate way, a proposal for the amount of remuneration or the method of determining the amount of remuneration for each use of the subject of protection,"
7. Paragraph 100 (5) and (6) read:
"(5) The operator of an establishment or other premises which provides the establishment or other premises to operate an untheatrical musical work with or without text or artistic performance (hereinafter referred to as" public music production ') shall be obliged to provide the competent collective administrator with the data and synergies necessary to determine the identity of the public music production operator.
(6) The supplier of live public music production shall submit to the operator of live public production a production programme indicating the names of authors and the names of works to be operated, no later than 20 days before the production takes place. The operator of live public music production shall notify the competent collective administrator of the name of the authors and the names of the works to be operated, no later than 10 days before the production takes place, unless otherwise agreed in the contract between the operator and the collective administrator. ';
8. In Section 100, the following paragraphs 7 and 8 are added:
"(7) When concluding contracts under paragraph 1 (h), account shall be taken in particular of:
(a) whether the use of the object of protection takes place in the course of a business or other economic activity;
(b) the direct or indirect economic or commercial benefit obtained by the user from the use or use of the object of protection;
(c) the nature and specificities of the place or region where the object of protection is used;
(d) the purpose, manner, extent and circumstances of the use of the subject-matter.
(8) The collective administrator shall be obliged to seek the opinions of legal persons bringing together relevant users of the subject-matter when processing a proposal for the amount of remuneration or the method of determining the remuneration, provided that such persons have made themselves known to the collective administrator for that purpose and have demonstrated that they pool more than a negligible number of users. ';
9. The following Section 100a is inserted after Section 100, including footnote 6a:
(1) The collective administrator or, where appropriate, the rightholder represented by it, may not exercise a retention claim [Paragraph 40 (1) (b)], nor is it entitled to an unjustified enrichment pursuant to the special provisions of this Law (Paragraph 40 (3)) of an undue interference with, or a threat to, the collective right, provided that the user or the person entitled to defend interests in it by the connected users properly and without undue delay leads to an appropriate collective administrator in connection with such interference or threat to the right of conduct required by this law, or agrees in this connection with the use of an intermediary under this law (Paragraph 102).
(2) The provisions of paragraph 1 are without prejudice to entitlement to an unjustified enrichment equal to the normal remuneration provided for in the special legislation6a).
(3) The prohibition on the exercise of a retention entitlement referred to in paragraph 1 shall not arise or shall cease if the non-application of the retention right would be contrary to the legitimate common interests of the rightholders, in particular because the conduct of the user or the person entitled to defend the interests of its connected users would be manifestly intended not to conclude the contract referred to in paragraph 1 or would be jeopardised by the fulfilment of the right to issue unjustified enrichment under special legislation6a).
6a) § 451 et seq. of Act No. 40 / 1964 Coll., Civil Code, as amended. '.
10. In Article 101, the following paragraph 11 is added:
"(11) In the case where the user of the subject-matter enters into a contract with at least three collective administrators, the user or their association shall be entitled to require that the relevant collective administrators entrust a joint representative to conclude a contract with the user on their behalf. ';
11.
Ministry supervision
(1) The Ministry is entitled
(a) request from the collective administrator the information and submission of the supporting documents necessary for the exercise of supervision;
(b) ascertain whether the obligations imposed by this part of the Act are not infringed, in particular by the provisions of Paragraph 100 (7);
(c) to impose an obligation to remedy a reasonable period of time and to impose fines when establishing defects in compliance with this Part of the Act.
(2) If the Ministry finds an infringement of the obligations of the collective administrator under this Part of the Act, it shall impose an obligation on the collective administrator to remedy it and shall set a reasonable time limit for its fulfilment. The Ministry may also impose a fine on the collective administrator up to CZK 500,000. The fine may also be imposed repeatedly. The fine may be imposed no later than one year from the date on which the Ministry finds that an infringement has occurred but no more than three years from the date of the infringement. In determining the amount of the fine, the Ministry shall take into account the seriousness of the infringement and the consequences. The fines are the income of the State Fund of Culture of the Czech Republic; They are enforced by the Ministry under special legislation8).
8) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 81 / 2005 Coll., amending Act No. 121 / 2000 Coll., on Copyright Law, on Copyright Rights and on the Amendment of Certain Laws (Copyright Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.2005 |
|---|---|
| Effective from | 23.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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