Act No. 89 / 1990 Coll.
Act amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act)
Valid
Effective from 01.06.1990
89
THE LAW
of 28 March 1990
amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), is amended as follows:
1. In § 1 after the word "development" the conclusion of the sentence is:... literary, scientific and artistic creation.. "
2. In Paragraph 2 (1), the following sentence is added at the end: "Computer programs shall also be considered as a subject of protection if they meet the conceptual characteristics of works under this Act."
3. In Paragraph 6, first sentence, the word "created 'is replaced by" expressed'.
4.
(1) Every time the work is used, the author is entitled, with the exceptions set out in Section 15, to a copyright fee. The amount of this remuneration is based on the value of the work and its importance to society.
(2) Authors of works which, due to their nature, can be reproduced for their own personal use [Paragraph 15 (2) (a)] on the basis of:
(a) radio or television broadcasting; or
(b) a sound, image or audio image taken by its manufacturer (§ 45)
by transferring the technical equipment to unrecorded means of recording, they shall have the right to remuneration against manufacturers of such media, or importers thereof, as well as against those who publicly lend images which may serve to obtain the copy. The right to remuneration may only be exercised together with similar rights referred to in Articles 39 (1), 45 (4) and 46 (3), only through the organisations referred to in Article 44. The right to remuneration shall not apply in respect of unrecorded record carriers for export or for the operational needs of the organisation.
(3) The rates of copyright fees for the use of the work and the method of payment, as well as the distribution of the remuneration referred to in paragraph 2, may be adjusted by the Ministry of Culture of the Czech Republic and the Ministry of Culture of the Slovak Republic (hereinafter referred to as the "Ministry of Culture") by a generally binding law. "
5. in § 14 (2), § 18, § 22 (1) and (4), § 39 (2) and § 44 (2), the words "education and" shall be deleted.
(6) Paragraph 15 (2) (a) shall be supplemented by the words "Paragraph 13 (2) shall not be affected by this."
7. in Article 15 (2) (h), the word "socialist" is deleted and after the semicolon the word "socialist."
8. Article 15 (2) shall be added to the following points (j) and (k):
"(j) make a copy of the disassembled edition for the need for a public library for documentary purposes and for scientific research;
(k) multiply the work produced by a special technique for the needs of the blind. ';
9. In Article 15, paragraph 4 is added after paragraph 3:
"(4) The authorised owner of a copy of a computer program shall not be obliged to obtain the author's permission to obtain or modify a copy of such a program if he needs such a copy or modification for the actual operation of the computer for which it was acquired for archival purposes, or to replace, where appropriate, a lawfully obtained copy which has been lost, destroyed or otherwise degraded; there is no obligation to grant a special reward to the author for the acquisition of such a copy. ';
10. Paragraph 16 shall become paragraph 1 and the following paragraphs 2 and 3 shall be added:
"(2) The current, complete and unchanged transmission of such transmission by wire or otherwise carried out by the same organisation shall be considered as part of wireless radio or television broadcasting. The possibility of receiving radio or television broadcasts on the receivers of residents of the same house, or houses directly related to them by means of aerial equipment (so-called common television antennas) shall not be considered as a specific use.
(3) Organisations authorised to communicate works by wire or other means may transmit works forming part of a radio or television programme broadcast by another organisation, but shall indicate the author and the work and provide the author with a reward for each transmission. ';
11.
(1) The employer may use the works of science or of art created by his staff to carry out the duties arising from the employment without further permission of the author for the performance of the tasks of his or her activity.
(2) An employer whose subject matter is to issue or otherwise publish works may issue or otherwise publish the work of his worker created to fulfil his duties arising from an employment relationship only with the permission of the author. If the author refuses to give him permission without serious reasons, the employer may seek such permission in court.
(3) The author of a work which has been created to fulfil the obligations arising from the employment relationship with the employer may give permission to issue or otherwise publish the work only with his consent. If the employer withdraws his consent for no serious reason, the author may seek such consent in court.
(4) More detailed conditions for the use of the work created to fulfil the obligations arising from employment with the employer are laid down in the contract. Save as otherwise provided for in this Treaty, the employer shall be entitled to require the author of the accepted fee to contribute adequately to the reimbursement of the costs he has incurred in creating the work.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to works created to fulfil obligations arising out of a Member's relationship with the organisation. "
12. Paragraph 18 (1) is deleted; at the same time, the numbering of paragraphs is deleted.
13. In Paragraph 18, the word "Minister 'is replaced by" Ministry'.
14. In Paragraph 19 (3), the word "organisation 'is replaced by the word" person'; a dot is inserted after the word "manner 'and the rest of the sentence in brackets is deleted.
15. § 20 is released.
16. Article 21 shall be amended as follows:
If a legal person or a natural person to whom the right to use the work has been transferred has disappeared without a legal successor, the author of the right to decide again on the further use of the work. '
Where the term "organisation 'is further stated in the law, this means, unless the nature of the matter otherwise implies, a person of legal or physical nature.
17. in Paragraph 22 (1), the sentence behind the semicolon is replaced by the following: "The conditions for the dissemination of the work may include mass contracts."
18. In Paragraph 32 (1), the following sentence is added at the end: "If a breach of a right of a serious loss of property is caused, the author shall have the right to be satisfied in cash if the granting of another right would not be sufficient; the amount of the financial satisfaction shall be determined by a court which shall take account in particular of the extent of the damage suffered and of the circumstances in which the infringement occurred. ';
19. Article 33 (1) reads as follows:
"(1) Copyright shall continue, unless otherwise specified, for the duration of the author's life and for 50 years after his death, for the works of co-authors and for the associated works created for the purpose of use in this connection 50 years after the death of the survivor."
20. in Paragraph 33 (4), the number "25" is replaced by "50."
21.
"(d) to use its performance for the personal use of the user; This is without prejudice to Paragraph 13 (2) (Paragraph 39 (1)). '
22. § 38 reads:
The rights of performers shall last for 50 years from the end of the year in which the record of performance was acquired. ';
Article 23 (39) (1) reads as follows:
"(1) Paragraphs 5 to 9, 12, 13 (2) and (3), 14 (1), 15 (3), 16 (2) and (3), 19, 21 to 23, 26 and 27, 29, 32 (1) and (2), 33 (7), 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. '
24. the word "socialist" shall be deleted in Sections 40 and 41 (3).
25. Article 44 (1) and (2) reads as follows:
"(1) The Ministry of Culture may grant organisations representing authors or performers in the exercise of their rights under this law an exclusive right to:
(a) grant permission for the use of works and performances and collect the authors' and performers' fees;
(b) collect contributions to cultural funds;
where appropriate, establish organisations to carry out these tasks.
(2) The granting of the exclusive authorisation referred to in paragraph 1 shall not prevent the author or performer from exercising his rights under this Act without the intermediary of the organisations listed therein. ';
Paragraph 2 shall become paragraph 3.
Article 26 (45) (2) (b) reads as follows:
"(b) to obtain copies of sound recordings or photographs for non-personal use; This is without prejudice to the provisions of Paragraph 13 (2) (Article 45 (4)), '.
27. In Article 45, paragraphs 3 and 4 are replaced by the following paragraphs 3 to 5:
"(3) For the authorisation referred to in paragraph 2, the manufacturer shall have the right to compensation, the amount of which may be adjusted by the Ministry of Culture by a generally binding legislation; it may also provide for exemptions from the obligation to provide compensation.
(4) Paragraph 13 (2) and (3) apply mutatis mutandis to producers of phonograms.
(5) The right of producers of phonograms shall last for 50 years from the end of the year in which the alert was issued. ';
28. In Paragraph 46 (2), the sentence behind the semicolon reads: "the organisation has the right to compensation, the amount of which may be adjusted by the Ministry of Culture by a generally binding legislation; it may also provide for exemptions from the obligation to provide compensation. ';
29. Paragraph 46 (3) is replaced by the following paragraphs 3 and 4:
"(3) Paragraph 13 (2) and (3) shall apply mutatis mutandis to radio and television organisations.
(4) The right of radio and television organisations is valid for 50 years from the end of the year in which the broadcasting took place. "
30. Paragraph 49 is deleted.
Article 53 (2) shall be amended as follows:
"(2) Disputes concerning claims under this law shall be settled by the courts."
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of Act No. 35 / 1965 Coll., on the works of literary, scientific and artistic (Copyright Act), as follows from the amendments and additions made by this Act.
This Law shall enter into force on 1 June 1990.
Havel v. r.
Dubček v. r.
CHF
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Regulation Information
| Citation | Act No. 89 / 1990 Coll., amending and supplementing Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1990 |
|---|---|
| Effective from | 01.06.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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