Act No. 86 / 1996 Coll.
Act amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll., Act No. 468 / 1991 Coll., Act No. 318 / 1993 Coll. and Act No. 237 / 1995 Coll.
Valid
Law
Effective from 22.04.1996
86
THE LAW
of 14 March 1996
amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll., Act No. 468 / 1991 Coll., Act No. 318 / 1993 Coll. and Act No. 237 / 1995 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll., Act No. 468 / 1991 Coll., Act No. 318 / 1993 Coll. and Act No. 237 / 1995 Coll., are amended as follows:
Article 1 (2) (1) reads as follows:
"(1) The subject of copyright are literary, scientific and artistic works, which are the result of the creative activity of the author, in particular works of verb, theatre, music, art including works of architectural and art used, works of film, photographic and cartographic. Computer programs shall also be considered as a subject of protection if they fulfil the conceptual characteristics of works under this law; unless otherwise provided for in this law, they shall be protected as literary works. ';
2. In Article 6, the words "and author of a work so newly created, which is usually the director," shall be inserted after the words "expressed in a similar manner."
3. In Paragraph 13 (1), the second sentence is deleted.
4. Paragraph 14 repeals paragraph 2. Paragraph 3 shall become paragraph 2. In paragraph 4, renumbered paragraph 3, the words "and 16 'shall be deleted.
5. in Article 15 (2) (a), the first sentence in front of the semicolon is added by the words "or by a computer program."
6. In Article 15 (2) (d), "issued 'is replaced by" published'.
7. Article 15 (2) (h) reads as follows:
"(h) it shall publicly display works of art or photography which the author has already transferred to another person, if the work is exhibited free of charge or is lent free of charge;"
8. Article 15 (3), including footnote 1a, reads:
"(3) The author does not need permission and the reward for the use of the work is also not required
(a) an organisation in the reporting of the current event of photographs, film, radio or television, if the works which are operated or exhibited in such an event are used to a reasonable extent;
(b) libraries, schools, educational establishments, archives, museums and galleries, 1a) if they lend non-professional originals of published works or copies thereof, printed or otherwise, not including photographs of sound, visual or both, except for the non-profit-making lending of such pictures to the blind.
1a) Act No. 53 / 1959 Coll., on the Single System of Libraries (Library Act), as amended by Act No. 425 / 1990 Coll. Act No. 172 / 1990 Coll., on Higher Education, as amended by Act No. 216 / 1993 Coll., Act No. 46 / 1994 Coll. and Act No. 192 / 1994 Coll. Act No. 232 / 1992 Coll., on Police Universities and on the Establishment of Police Academy, as amended by Act No. 26 / 1993 Coll. Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended. Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 343 / 1992 Coll. Act No. 54 / 1959 Coll., on Museums and Galleries, as amended by Act No. 425 / 1990 Coll. '.
9.
"(4) Authorised user of a computer program shall not be obliged to obtain the author's permission or to provide special remuneration for the acquisition of a copy, translation or modification of such a program if such a copy, translation or modification is required
(a) for the operation of the programme on the computer for which it was obtained;
(b) to establish the information necessary to achieve a functional link between two or more computer programmes, provided that such a copy, translation or modification is taken by him or by a person designated by him, provided that such information is not normally available and that its acquisition is limited to the parts of the computer programme necessary to achieve that objective;
(c) for archival and back-up purposes and, where appropriate, for the replacement of a duly obtained copy which has been lost, destroyed or otherwise degraded. ";
10. Paragraph 15 shall be added to paragraphs 5 and 6 as follows:
"(5) An authorised user of a computer program may not be limited in his right to examine, study or test the computer program in order to identify ideas and principles on which any element of the program is based, if this is done in normal use.
(6) Unless otherwise agreed, the authorised user of the computer program may make modifications, additions and amendments to the computer program or its accompanying documentation without the consent of the author, provided that such interventions are aimed at correcting a manifest defect or are consistent with the intended purpose of its operational use by the authorised user; This shall be without prejudice to the author's right to maintain the form of the code in which he made the work available to the public. ';
11. In Article 17 (1) and (2), the word "worker 'is replaced by" employee'.
12. In Article 17, the following paragraph 5 is inserted after paragraph 4:
"(5) Unless expressly agreed otherwise, the copyright of the computer programme created by the employee to fulfil the obligation arising out of his employment shall be exercised by the employer. ';
Paragraph 5 shall become paragraph 6.
13. Article 17 (6) reads as follows:
"(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to works created to fulfil obligations arising from a Member State or service. ';
14. In Section 18, the words "in the languages of the Czechoslovak Socialist Republic 'are replaced by the words" in the Czech language'.
15. Paragraph 19 (3) shall be deleted.
16. In Section 22, the word "organisation 'is deleted throughout the text and replaced by the word" user'.
17. in Article 22 (2), the words "by lending or renting copies of the work," shall be inserted after the words "the operation of the work."
18. In Section 23, the word "organisation 'is deleted throughout the text and replaced by" user'.
19. In § 24 et seq., the word "publishing house" is deleted and replaced by the word "publisher."
20. In Section 26, the word "organisation 'is replaced by" operator'.
21. The following Section 26a is inserted after Section 26, including Notes 2) and 3):
Contract for the dissemination of work by lending or renting copies of work
(1) By the Treaty on the dissemination of the work by lending copies of the work, the author grants permission to third parties to make free copies of the work available to use.2)
(2) By means of a contract for the dissemination of the work by renting copies of the work, the author grants the lessor permission, in return for payment, to transfer the copies of the work to third parties (tenants) in order to use it temporarily.
(3) The image of the work is also understood as an audio, visual or both recording.
2) § 659 of Act No. 40 / 1964 Coll., Civil Code, as amended.
3) Article 663 of Act No. 40 / 1964 Coll., as amended. '
22. The title above § 30 reads: "Transfer of the original or copy of the work."
23. In Paragraph 32, the words "Threat or" shall be inserted in the title before the word "breach"; in paragraph 2, the words "by threat or" shall be inserted after the word "author."
24. In Section 32, the following paragraph 4 is added:
"(4) The exercise of copyright by other persons shall not prevent the author from seeking the protection of his or her copyright against any threat or breach. ';
25. the following Section 32a is inserted after Section 32:
The same claims as in the event of a threat or infringement of copyright are due to the author vis-à-vis the persons who produce, put into circulation or use the means intended exclusively to eliminate, disable or restrict the functionality of the technical equipment or other means used to protect his work from unauthorised use. ';
Article 26 (33) (6) shall be deleted.
Paragraph 7 shall become paragraph 6.
27. in § 35 (2), the words "the organisations referred to in § 44" shall be deleted and replaced, including footnote 4, by the words "legal persons who have been authorised to exercise collective management for a specified field of creative activity in the relevant field under the special legislation.4)
4) Act No. 237 / 1995 Coll., on collective management of copyright. '.
28. in Paragraph 36 (2) (b), the words "for example, to present, lend or lease" shall be inserted after the words "granted."
29. in Paragraph 37 (1), point (c) shall be deleted;
Points (d) and (e) shall be renumbered (c) and (d).
30. in Paragraph 37 (2), "paragraph 1 (a) to (c)" is replaced by "paragraph 1 (a) and (b)";
31. Paragraph 39 (1) reads as follows:
"(1) Paragraphs 5 to 9, 12, 13 (2) and (3), 14 (1), 15 (2) (a), 15 (3), 16, 19, 21 to 23, 26 to 30, 32 (1) and (2), 32a, 33 (6), 34 and 35 (2) apply mutatis mutandis to performers and their performances; The same applies to Paragraph 35 (1), with the law being governed by Paragraph 38. '
32. in Paragraph 45 (2), the following point (d) is added:
"(d) to lend and rent audio recordings or images."
33. Paragraph 45 (3) reads as follows:
"(3) The manufacturer shall be entitled to compensation for the authorisation referred to in paragraph 2. ';
34. in Paragraph 46 (2), the word "compensation" shall be deleted and replaced by "remuneration"; the rest of the sentence is deleted.
35. In Paragraph 46, the following paragraph 4 is inserted after paragraph 3:
"(4) Radio and television organisations, in the event that they transmit broadcasting to other radio or television organisations, shall not confer the rights referred to in paragraphs 2 and 3.";
Paragraph 4 shall become paragraph 5.
36. The following Section 53a is inserted after Section 53:
(1) Authors, performers and producers of phonograms or persons authorised to exercise their rights under this Act may require the customs authorities to provide information on the content and extent of imports of goods which are in the nature of copies of works or their phonograms, images or phonograms, or goods intended to be used as their medium (non-recorded record carriers), and to consult customs documents in order to determine whether imports of such goods for dissemination on the market comply with this law.
(2) Customs duties shall, at the written request of the persons authorised under paragraph 1, be suspended for 10 working days from the procedure for release for free circulation where there are reasonable grounds for suspecting that the importation of such goods would infringe the rights under this law. Where justified, the period of interruption may be extended by a further 10 working days.
(3) Where the importer of the goods referred to in paragraph 1 does not prove, within the period referred to in paragraph 2, that his import is in accordance with the provisions of this Law, the customs authorities shall not release the goods for free circulation.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to exports of the goods referred to in paragraph 1. "
1. The words "Czechoslovak Socialist Republic" shall be replaced by the words "Czech Republic" and the words "Czechoslovak" shall be replaced by "Czech Republic."
2. Works published by 31 December 1992 at the same time in the Czech and Slovak Federal Republic and elsewhere (Section 11 (2)) are viewed as works published in the Czech Republic.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 35 / 1965 Coll., on works of Literary, Scientific and Artistic (Copyright Act), as follows from amendments and additions made by later regulations.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 86 / 1996 Coll., amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended by Act No. 89 / 1990 Coll., Act No. 468 / 1991 Coll., Act No. 318 / 1993 Coll. and Act No. 237 / 1995 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.1996 |
|---|---|
| Effective from | 22.04.1996 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
The regulation text is for informational purposes only.
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