ORGANISATION MONDIALE
DU COMMERCEIP/N/1/CZE/C/4
10 octobre 2001
(01-4917)
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerceOriginal:  anglais
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE TCHÈQUE
Par une communication de sa Mission permanente, datée du 13 décembre 2000, la République
tchèque a notifié, au titre de l'article 63:2 de l'Accord, le texte ci-après1 de la Loi n° 121 du
7 avril 2000 sur le droit d'auteur, les droits liés au droit d'auteur et sur les modifications apportées àcertaines lois (Loi sur le droit d'auteur).
La nouvelle Loi sur le droit d'auteur, qui est entrée en vigueur le 1
er décembre 2000, abroge la
Loi de 1965 sur les œuvres littéraires, scientifiques et artistiques (Loi sur le droit d'auteur), telle que
modifiée (distribuée dans les documents IP/N/1/CZE/C/1 et IP/N/1/CZE/C/1/Rev.1), et porte aussimodification de diverses lois connexes, qui ont été notifiées par la République tchèque dans le
document IP/N/1/CZE/1, à savoir:
- la Loi n° 237 de 1995 sur l'administration collective du droit d'auteur et des droits
analogues et sur la modification et l'amendement de certaines lois (distribuée sous la
cote IP/N/1/CZE/C/2);
- la Loi n° 273 du 15 octobre 1993 sur certaines conditions de production, de diffusion
et de classement des œuvres audiovisuelles et sur les changements et modifications
des lois et autres textes législatifs (distribuée sous la cote IP/N/1/CZE/C/3);
- la Loi n° 468 du 30 octobre 1991 sur la radiodiffusion et la télévision (distribuée sous
la cote IP/N/1/CZE/C/3);  et
- la Loi n° 241 du 14 avril 1992 sur le Fonds d'État de la République tchèque destiné à
soutenir et encourager l'industrie cinématographique (distribuée sous la cote
IP/N/1/CZE/C/3).
                                                     
1 En anglais seulement.IP/N/1/CZE/C/4
Page 2
Law No. 121/2000 Coll. of 7 April 2000
on Copyright, Rights Related to
Copyright and on the Amendment of Certain Laws
(Copyright Act)
The Parliament has adopted the fo llowing law of the Czech Republic:
PART ONE
COPYRIGHT AND RELATED RIGHTS
Article 1
Subject matter
This Act stipulates
a)  rights of the author to his work,
 
b)  rights related to copyright
1.  the rights of the performer  to his artistic performance,
2.  the right of the producer of a phonogram to his phonogram,
3.  the right of the producer of an a udiovisual fixation to his fixation,
4.  the right of the radio or television br oadcaster to his original broadcast,
5.  the right of the person who, after the expi ry of copyright protection, for the first
time publishes a previously unpublished work,
6.  the right of the publisher to a remuneration in connection with the making for
personal use of a copy of the work published by him,
c)  right sui generis of the maker of  a database to such database,
d)  protection of rights in accordance with this Act,
 
e)  collective administration of copyright and of rights related to copyright.
Title I
Copyright
Section 1
Subject of copyright
Article 2
The Work
(1) The subject of copyright shall be a literary work or other work of art or a scientific
work which are the unique outcome of the creative activity of the author and are expressed inany objectively perceivable manner including electronic form, permanent or temporary,IP/N/1/CZE/C/4
Page 3
irrespective of their scope, purpose or significance (henceforth referred to as ”work”). A
work shall be namely a literary work expressed by speech or in writing, a musical work, adramatic work or dramatico-musical work, a choreographic work and pantomimic work, aphotographic work and a work produced by a process similar to photography, an audiovisual
work like a cinematographic work, a work of fi ne arts like a painting, graphic or sculptural
work, an architectonic work including a town-p lanning work, a work of applied art, and a
cartographic work.
(2) A computer program shall also be considered a work if it is original in the sense of
being the author’s own intellectual creation; a database shall be considered a work if due tothe manner of its selection or arrangement of its content it is the author’s own intellectualcreation; a photograph which is original in the sens e of the first clause shall be protected as a
photographic work.
(3) Copyright shall apply to the work in its entirety, to its individual developmental
phases and to parts of the work, including its title and the names of its characters, if thesecomply with the conditions stipulated in para graph 1, or in paragraph 2 if the items are
subjects of copyright as defined by that paragraph.
(4) A work which is the outcome of the cr eative adaptation of another work, including
its translation into another language, shall also be the subject of copyright. This shall notprejudice the rights of the author of the adapted or translated work.
(5) A collection like a journal, encycl opaedia, anthology, broadcast programme,
exhibition, or other database (A rt. 88), which is a collection of independent works or other
elements that by reason of their selection and of the arrangement of the content constitute aunique outcome of the creative activity of the author, is a  work of collection.
(6) For the purpose of this Act a work shall not mean, namely, the subject of the work
as such, the news of the day and any other fact as such, an idea, procedure, principle, method,
discovery, scientific theory, mathematical and similar formula, statistical diagram and similaritem as such.
Article 3
Exceptions from copyright protection in the public interest
Protection pursuant to this  Act shall not apply to
a)  an official work, such as a legal regulati on, decision, public charter, publicly accessible
register and the collection of its records, and al so an official draft of an official work and
other preparatory official documentation including the official translation of such work,Chamber of Deputies and Sena te publications, a memorial chronicle of a municipality
(municipal chronicle), a state symbol and symbol of a regional self-governing unit, and
other such works where there is public interest in their exclusion from copyrightprotection,IP/N/1/CZE/C/4
Page 4
b)  creations of traditional folk culture, if the real name of the author is not commonly known
and if they are not anonymous or pseudonymous works (Art. 7); such works may be usedonly in a manner which does not depreciate their value,
c)  a political speech and address presented during official proceedings; the author’s right to
use such works in a collection remains unaffected.
Article 4
The making public and publication of a work
(1) A work is made public by its first authorised public recitation, performance,
showing, exhibition, publication or other ma nner of making available to the public.
(2) A work is published by the start of authorised public distribution of its
reproductions.
Section 2
Authorship
Article 5
The author
(1) The author is the natural person who has created the work.
(2) The author of a collection in its entirety is the natural person who has selected the
components or arranged them in a creative mann er; this shall not prejudice the rights of the
authors of the works included into the collection.
Article 6
Legal presumption of authorship
The author shall be the natural person whos e real name is indicated in the habitual
manner on the work or is indicated next to the work in the register maintained by the relevantcollective administrator, unless proven otherwise; this shall not apply in cases where the datais in conflict with another data indicated in this manner. This provision shall also apply ifsuch name is a pseudonym, if the pseudonym a dopted by the author evokes no doubt as to the
author’s identity.
Article 7
Anonym and pseudonym
(1) The identity of the author whose work has in accordance with the expression of
his will been made public without the indicati on of his name (anonymous work) or under a
code name or under an artistic signature (p seudonymous work), as the case may be, may not
be revealed without the consent of the author.IP/N/1/CZE/C/4
Page 5
(2) Until such time when the author of an anonymous or pseudonymous work publicly
reveals his identity, the author shall be represented in the exercise and protection of copyrightto his work by the person who has made th e work public, under that person’s name and on
the account of the author, unless proven otherwis e; the public declaration of the author shall
not be necessary if his real name is commonly known.
Article 8
Joint authors
(1) The copyright to a work which has been produced until the time of the completion
of the work as a single work by the creative activity of two or more authors (work by jointauthors) shall belong to all the joint authors jointly and inseparably. The establishment of awork by joint authors shall not be prejudiced if the creative contributions to the work by theindividual joint authors can be distinguished, unl ess such contributions are capable of being
used independently.
(2) A joint author shall not be a person w ho has contributed to the establishment of
the work merely by providing assistance or advice of a technical, administrative or expertnature or by providing documentation or tec hnical material, or who has merely given the
impulse to the generation of the work.
(3) All the joint authors shall be jointly and inseparably authorised to perform, and
liable for legal acts pertaining to their joint work.
(4) Joint authors shall decide unanimously about the disposal of their joint work.
Should an individual author obstruct, without seri ous reason, the disposal of the work of joint
authors, the remaining joint authors may seek compensation for the absent manifestation ofhis will in court. Protection of copyright to the work of joint authors against threat orinfringement may be sought also by an individual joint author independently.
(5) Unless agreed otherwise by the joint authors, the share of the individual joint
authors in the joint proceeds from the disposal of copyright to the work of joint authors shallbe determined in proportion to the size of their creative contributions; if it is not possible todistinguish these contributions, the shares in the joint proceeds shall be equal.
Section 3
Inception and content of copyright
Subsection 1
General provisions
Article 9
Inception of copyright
(1) The copyright for a work shall be established at the moment when the work is
expressed in any objectively perceivable form.IP/N/1/CZE/C/4
Page 6
(2) The destruction of the object through wh ich the work is expressed shall not imply
the extinction of the copyright for the work.
(3)  The acquisition of the ownership right or of another right in rem  to the object
through which the work is expressed shall not imply authorisation to exercise the right to usethe work, unless agreed otherwise or unless stipul ated otherwise by this Act. The extension to
another person of authorisation to exercise th e right to use the work shall not affect the
property right or other rights in rem  to the object through which the work is expressed,
unless agreed or stipulated ot herwise by special legislation.
(4) The owner or other user of the object through which the work is expressed shall
not be obliged to maintain such object a nd protect it from destruction, unless agreed or
stipulated otherwise by special  legislation or by this Act.
(5) The owner or other user of a cons truction which is the expression of an
architectonic work shall be authorised to pe rform, without the consent of the author,
reasonable alterations of such work, within th e necessary scope, and preserving at the same
time the value of the work; where such alterations are necessary for the implementation of thetechnical or operational design ation of the construction which cannot be attained otherwise,
the person who intends to make such alterations shall be obliged, if this may be fairlyrequested of him, to inform the author in advan ce of his intention and to  make available to the
author the documentation of the construction, incl uding pictures reflectin g the state before the
start of the reconstruction.
Article 10
Content of copyright
Copyright shall include exclusive moral rights (Art. 11) and exclusive economic
rights (Art.12 and following).
Subsection 2
Moral rights
Article 11
(1)  The author shall have the right to decide about making his work public.
(2) The author shall have the right to claim authorship, including the right to decide
whether and in what manner his authorship s hould be indicated during the making public of
his work.
(3) The author shall have the right to the inviolability of his work, especially the right
to grant consent to any alteration of, or othe r intervention into his work, unless stipulated
otherwise by this Act. Where the work is utilized by another person, the utilization may not
be executed in a manner that depreciates the value of the work. The author shall have theright of supervision over compliance with this obligation by the other person (author’ssupervision), unless ensuing otherwise from the nature of the work or of its utilisation, orIP/N/1/CZE/C/4
Page 7
unless it is not possible to fairly require of the user to allow the author the exercise of the
right to author’s supervision.
(4) The author may not waive his personal rights; these rights are non-transferable and
become extinct on death of the author. The provi sion of paragraph (5) shall not be affected.
(5) After the death of the author no other person may claim authorship of the work;
the work may be used only in a manner which does not depreciate its  value and, unless the
work is an anonymous work, the name of the author, if known, must be  indicated. Protection
may be claimed by any of the author’s kin 1); they shall maintain this authorisation even after
the passage of the term of economic rights to copyright. Such protection may at any time beclaimed also by the legal entity associating authors or by the relevant collective administratorof rights in accordance with this Act (Art. 97).
Subsection 3
Economic rights
Article 12
The right to use the work
(1) The author shall have the right to use his work and to grant by contract
authorisation to another person to exercise this right; the other person may use the work
without such consent only in the cases stipulated by this Act.
(2) The right of the author does not expire  by the extension of the authorisation
pursuant to paragraph (1); the obligation merely arises for the author to tolerate theintervention into the right to use the work by another person within the scope stipulated by acontract.
(3) The author shall have the right to demand of the owner of the object through
which the work is expressed to make such object available to him where this is necessary forthe exercise of copyright in accordance with th is Act. This right may not be applied counter
to the legitimate interests of the owner; the owner shall not be obliged to give up such objectto the author, he shall be obliged however to  make a photograph or other reproduction of the
work at the request and cost of the author and submit it to the author.
(4)  The right to use a work shall mean
a)  right of reproduction of the work (Art. 13),
b)  right of distribution of  the original  or a copy of the work (Art. 14),
c)  right of rental of the original or a copy of the work (Art. 15),
d)  right of lending of the original or a copy of the work (Art. 16),
e)  right of exhibition of the original or a copy of the work (Art. 17),
f)  right of communication of the work to the public (Art. 18), namely
1.  the right of performing  live or from a fixation, and the right of transmitting the
performance of the work (Art. 19 and 20),
2.  the right of broadcasting the work  (Art. 21),IP/N/1/CZE/C/4
Page 8
3.  the right of rebroadcasting and retransmitting of the broadcast of the work (Art. 22),
4.  the right of performing of  the  broadcast of the work (Art. 23).
(5) The means of use of the work pursua nt to paragraph (4) are defined, for the
purposes of this Act, by the provisions of Articles 13 to 23.
________
1) Article 116 of the Civil Code
Article 13
Reproduction
(1) The reproduction of the work shall mean the making of permanent or temporary,
direct or indirect reproductions of the work, and that by any means and in any form, for the
purpose of making the work availabl e by means of such reproductions.
(2) The work is reproduced especially in the form of a printed, photographic, audio,
visual or audiovisual reproducti on, of an erection of an architectonic work or in the form of
another three-dimensional reproduc tion, or in an electronic form  including its analogue and
digital expression.
Article 14
Distribution
(1) The right to distribute the original or copies of the work shall mean making  the
work available in a tangible form by sale or other transfer of property right to the original orto the copies of the work, including their offer for such purpose.
(2) The first sale or other transfer of proper ty right to the original or a copy of the
work, by which the work is distributed lawful ly on the territory of the Czech Republic, shall
exhaust the author’s right to distribute such original or a copy of the work on the territory ofthe Czech Republic; the right of rental and the right of  lending of the work shall remainunaffected.
Article 15
Rental
The rental of the original or a copy of the work shall mean making the work available
for the purpose of direct or indirect economic  or commercial advant age by providing the
original or a copy of the work for a limited period of time for personal use.
Article 16
Lending
The lending of the original or a copy of the work shall mean making the work
available through  an establishment which is accessible to the public not for the purpose ofdirect or indirect economic or  commercial advantage by providing the original or a copy of
the work for a limited period of time for personal use.IP/N/1/CZE/C/4
Page 9
Article 17
Exhibition
The exhibition of the original or reproduction of the work shall mean making the
work available in a tangible form by the facilitation of the possibility to view or perceive inany other manner the original or reproduction of, especially, a work of fine arts, of a
photographic work, of an architectonic work in cluding a town-planning work, of a work of
applied art, or of a cartographic work. Exhib ition shall not mean making the work available
in accordance with Art. 18 paragraph (2).
Communication to the public
Article 18
Definition
(1) The communication of the work to the public shall mean making the work
available  in an intangible form, live or from a recording, by wire or wireless means.
(2) The communication of the work to the public pursuant to paragraph (1) shall mean
also making the work available in such a way that members of the public may access to thework from a place and at a time individually chos en by them, especially by using a computer
or similar network.
(3) The communication of the work to the public shall not mean the mere operation of
a facility enabling or facilitating such communication.
Article 19
Live performance of the work and its transmission
(1) The live performance of the work shall mean making available the work
performed live by a performer, especially of live recited literary work, live performedmusical work with or without words or of a dramatic or dramatico- musical, choreographic or
pantomimic work performed live on stage.
(2) The transmission of the live performance of a work shall mean making
simultaneously available the live performance of  the work by the means of a loudspeaker,
screen or similar device located beyond the spac e of the live performance, with the exception
of the uses of the work pursuant to Articles 21 to 23.
Article 20
Performance of the work from a recording and its transmission
(1) The right to perform the work from a recording shall mean making the work
available from an audio or a udiovisual recording by means of a technical device, with the
exception of the uses of the work in accordance with Articles 21 to 23.IP/N/1/CZE/C/4
Page 10
(2) Transmission of a performance of the work from a recording shall mean making
the work available simultaneously by means of a loudspeaker, screen or similar device
located beyond the space of the live performance.
Article 21
Broadcasting
(1) Broadcasting the work  shall mean making the work available by means of radio
or television and other making of the work av ailable by any other means designated for the
communication by wire or over the air of sounds, or of sounds and images, or their
expression by wire or wireless means includi ng communication by cable or broadcasting by
satellite, by the original broadcaster.
(2) Broadcasting by satellite pursuant to paragraph (1) shall mean the introduction,
under the control and responsibility of the broa dcasting organization, of sounds, or of sounds
and images, or of their expre ssions intended for reception by the public into an uninterrupted
chain of communication leading to the satellite and down towards the earth.
(3) Where the signals carrying signs, sounds or images are encrypted, the
broadcasting shall fall within the definition pursuant to paragraph (1) if the broadcaster hasfacilitated, or has given consen t to the facilitation of public access to decrypting devices.
(4) Simultaneous, unabridged a nd unaltered cable retrans mission of the  broadcast
executed by the same broadcaster shall also be regarded as broadcasting of the work inaccordance with paragraph
 (1).
(5) Broadcasting the work by satellite occurs  on the territory of the Czech Republic if
the signals carrying sounds, or sounds and image s, or their expression intended for reception
by the public are introduced under the control a nd  responsibility of the broadcaster into an
uninterrupted chain of communication leading to the satellite and down towards the earth.
(6) Broadcasting the work by satellite shall be deemed to have occurred in the Czech
Republic if the signals carrying sounds, or s ounds and images, or their expression intended
for reception by the public are introduced under the control and responsibility of thebroadcaster  into an uninterrupted chain of communication leading to the satellite and downtowards the earth on the territory of a state which does not provide a level of copyright
protection comparable or higher than that provided by this Act, where the transmission isexecuted by an uplink station situated in the Czech Republic. In such case, rights provided for
under this Act shall be exercisable agai nst the person operating the uplink station.
(7) Broadcasting the work by satellite shall be deemed to have occurred in the Czech
Republic also in the case when the signals carrying sounds, or sounds and images, or theirexpression intended for reception by the public ar e introduced into an uninterrupted chain of
communication leading to the satellite and down towards the earth on the territory of a statewhich does not provide a level of copyright protection comparable or higher than that
provided by this Act, when commissioned by  a broadcaster whose governing bodies have
their principal establishment in the Czech Republic, when such comparable protection is notalready provided on the territory of the st ate where the uplink station from which theIP/N/1/CZE/C/4
Page 11
transmission is being executed, is located. Rights ensuing from this Act shall be exercisable
in such case  against the broadcaster.
Article 22
Rebroadcasting and retransmitting  of the  broadcast
(1) The rebroadcasting and retransmitting of the  broadcast of the work shall mean
making the work available by the simultaneous , unabridged and unaltere d transmission of the
broadcast of the work by radio or television, over the earth or by wire, if this is executed by a
different entity than the original broadcaster of such broadcast.
(2) Cable retransmission of the  broadcas t of the work shall mean the radio or
television broadcasting of the work in accordance with paragraph (1) if it is executed by cableor microwave system, executed by a different entity than the original broadcaster of suchbroadcast. The provision of Article 21 paragraph (3) shall apply analogously.
Article 23
Performing of the broadcast
The performing of the radio  or television broadcast of the work shall mean making
such broadcast work   available by means of a device technically capable of receiving thebroadcasting.
Subsection 4
Other economic rights
Article 24
Right to remuneration on the resale of the original of a work of art
(1) Where the original of a work of art which has been transferred by its author into
the ownership of another person is subsequently sold, the author shall be entitled to theremuneration stipulated by the rate schedule attached in the annex to this Act, if the sale isbeing executed by a gallery operator, auction eer or other person in the course of their
business activities (henceforth “the seller“), irrespective of whether such persons are actingon their own behalf or on the behalf of the owner.
(2) The person liable to pay the remunerati on pursuant to paragraph (1) shall be the
seller.
(3) For the purposes of the application of th e right stipulated by paragraph (1), the
original of a work of art sha ll mean, namely, an original pict ure, drawing, painting, collage,
tapestry, engraving, lithography or other gra phics, sculpture, ceramics, jewellery work,
photograph or author’s reproduction commonly deem ed to be an original. The right to a
remuneration shall not apply to architectonic works, works of applied art and to the
manuscripts of writers and composers.IP/N/1/CZE/C/4
Page 12
(4) The seller who is obliged to provide the remuneration to the author pursuant to
paragraph (1) shall notify, by the end of Janua ry of the calendar year following the year in
which the sale took place, the relevant collec tive administrator of rights of the sale. The
liability to notify shall imply itemization of the originals being sold and details on the actualselling price; it shall also include the duty to allow the relevant collective administrator ofrights the necessary degree of access to  the seller’s ledger and other documents.
Article 25
Right to  remuneration in connection with the reproduction
of the work for personal use
(1) In the case of works made public which can be reproduced for personal  use on the
basis of
a)  an audio or audiovisual fixation,
b)  a  broadcast, or
c)  a print or other graphic expression
by their transfer by means of a technical device to empty record carriers, or by means of a
technical device for making printed reproducti ons on paper or other similar base, the author
shall be entitled to a remunera tion in connection with the reproduction of the work for
personal use.
(2) The person liable for the payment of the remuneration pursuant to paragraph (1)
shall be
a)  the producer or importer of the technical de vice for the making of the reproductions of
audio or audiovisual fixation,
b)  the producer or importer of technical de vices for making printed reproductions,
c)  the producer or importer of empty carrier s of audio and audiovisual fixations,
d)  the transporter or forwarder instead of the liabl e person pursuant to clauses a) to c), unless
that person has informed, without undue delay, the relevant collective administrator of the
details necessary for the identifi cation of the importer or producer,
e)  the provider of paid reproduction services, in  the case of printed reproductions; provider of
paid reproduction services shall also mean the person who makes available, for a charge,
the device for the making of printed reproductions.
(3) Entitlement to the remuneration to be paid by the persons defined in paragraph (2)
a) to d) in connection with th e reproduction of the work for i ndividual use shall arise at the
time of the import or of the first sale of
a)  the technical device for the making of the repr oductions of audio or audiovisual fixations,
b)  the technical device for the maki ng of printed reproductions,
c)  empty carriers of audio or audiovisual fixations.
(4) Entitlement to the remuneration to be paid by the person defined in paragraph (2)
e) shall arise in dependance on the num ber of printed  re productions made.IP/N/1/CZE/C/4
Page 13
(5) The persons referred to in paragraph (2) shall be obliged to submit to the relevant
collective administrator of rights, always summarily for half of the calendar year not laterthan by the end of the following calendar m onth, information on the facts relevant for the
stipulation of the amount of the remuneration, i. e. especially on the type and number of sold
or imported technical devices for the making of the reproductions of  audio or audiovisual
fixations, of the technical devi ces for the making of printed  reproductions, and of empty
carriers of audio and audiovisual fixations , and also on the number of the printed
reproductions made by the devices for providing paid reproduction services.
(6) The amount of the remuneration shall be stipulated by the rate schedule attached
in the annex.
(7) Remuneration shall not be paid in th e case of export of the technical devices
referred to in paragraph (3) a) and b) or of export of empty carriers of audio or audiovisual
fixations for the purpose of their further sale. Re muneration shall also not be paid in the case
of devices and empty carriers if these are inte nded to be used within the country only for
operational purposes by persons in their own undertaking.
Subsection 5
Common provisions for economic rights
Article 26
(1) Economic rights may not be waived by the author; such rights are not transferable
and are not subject to the execution of a ruling; this provision shall not apply to claims arising
from such economic rights.
(2) Economic rights are inheritable. Where the economic rights to the work are
inherited by more than one heir, their mutual relations to the work shall be governed byArticle 8 paragraphs (3) and (4) analogously. If the inheritance escheats to the state, theeconomic rights shall be exercised by the State Fund of Culture of the Czech Republic
2) in its
own name, and, in the case of audiovisual works,  by the State Fund of the Czech Republic for
Promotion and Development of Czech Cinematography 3)  The incomes of the state from the
exercise of the____________
2)  Law No.239/1992 Coll., on the State Fund of Culture of the C zech Republic.
3)  Law No.241/1992 Coll., on the State Fund of the C zech Republic for Promotion and Development of Czech
Cinematography, as amended by law No.273/1993 Coll.
economic rights exercised by the mentioned stat e funds shall be the revenue of these state
funds.
(3) The provisions of this Act concerning th e author,  shall also apply to his heirs,
unless their nature indicates otherwise; or to th e state, if the inheritance, which has acquired
no heir, escheats to it.IP/N/1/CZE/C/4
Page 14
Subsection 6
Duration of economic rights
Article 27
(1) Unless stipulated otherwise, economic rights shall run for the life of the author and
for 70 years after his death.
(2) If the work has been created as the work  of joint authors, the period of duration of
economic rights shall be calculated from the death of the last surviving author.
(3) Economic rights to an anonymous and pseudonymous work shall run for 70 years
from the time when the work was lawfully made public. Where the real name of the author of
the anonymous or pseudonymous work is comm only known, or if the author declares his
identity in public (Art. 7 paragraph (2)) during the course of the term pursuant to the firstclause, the duration of economic rights to such work shall be governed by paragraph (1), and
in the case of joint authors also by paragraph (2).
(4) In the case of a work where the deat h of the author is not decisive for the
calculation of the period of duration of econo mic rights, and where the work has not been
made public within 70 years from its creation, ec onomic rights shall expire at the end of this
period. Economic rights to a collective work (Art. 59) shall run for 70 years from the time
when it was made public.
(5) The period of duration of economic ri ghts to an audiovisual work shall be
calculated from the death of the last surviving of the following persons: the director, theauthor of screenplay,  the author of the dialog ue and  the composer of the music specifically
created for use in the audiovisual work.
(6) If the publication  of a work is decisi ve for the start of the period of duration of
economic rights, and the work is being published over a certain period of time in volumes,parts, instalments, issues or episodes, the pe riod of duration of economic  rights shall run for
each such item  of the work separately.
(7) The period of duration of economic rights shall be calculated always from the first
day of the year following the year in which the event decisive for its calculation occurred.
Subsection 7
 Work in public domain and an unpublished work made public for the first time after
the expiry of copyright protection
Article 28
(1) A work for which the period of duration of economic rights has expired may be
utilized by anybody without any further provi sion; this shall not however prejudice the
provisions of paragraph (2) and of Ar ticle 11 paragraph (5) first clause.IP/N/1/CZE/C/4
Page 15
(2) Whoever first makes public a work to which the period of protection of economic
rights has already expired shall be entitled to  exclusive economic rights to the work thus
made public as would have been enjoyed by the author of the work if the economic rights to
the work were still in effect.
(3) The right pursuant to paragraph (2) shall run for 25 years from the making public
of the work. The provisions of Article 27 paragraph (7) shall apply analogously.
Section 4
Restriction of copyright
Subsection 1
General provision
Article 29
(1) Copyright may be restricted only in certain special cases provided for by this Act;
these may not however be interpreted in a manner that would conflict with a normal exerciseof copyright and would unreasonably prejudice the legitimate interests of the author.
(2) A reproduction made pursuant to the provi sions of Article  31  a) and b), Articles
32 to 34, and Article 37 paragraph (2) b) and c)  may also be distributed non-gainfully within
the scope justified by the purpose of the lawfully made reproduction.
Subsection 2
Free use
Article 30
(1) The use of the work pursuant to this Act shall not mean its use for personal need;
this shall not apply to the making of a re production of a computer program or electronic
database or of a reproduction or imitation of an architectonic  work by the  construction.
(2) Copyright shall therefore not be infringed by whoever
a)  for his own personal use makes a record ing, reproduction or imitation of a work; a
reproduction or imitation of a wo rk of fine arts must be  clearly labelled as such,
b)  during the sale of the original or reproductions  of works, of technical devices for their
reproduction or for their communication to th e public, of radio and television sets and
computers, distributes or ma kes an temporary reproduction of the work within the scope
necessary for the demonstration of the goods to a customer.
(3) Copyright shall also not be infringed by whoever makes at the order of and for the
personal use of the customer a print reproduction of the work on paper or other similar baseusing photography technique or other procedur e with similar effect, on condition that the
work is not a published musical work in score a nd that such person is paying in an orderly
and timely manner the remunerati on in accordance with Article 25.IP/N/1/CZE/C/4
Page 16
(4)  A reproduction made for personal use may not be used for any other purpose.
(5) The provisions of Articles 43 to 45 sha ll not be prejudiced by the provisions of
paragraphs (1) and (3).
Subsection 3
Gratuituous legal licences
Article 31
Quotation
Copyright shall not be infringed by whoever
a)  quotes, to a justified degree, in his own wor k, excerpts from the published works of other
authors,
b)  includes into his independent scientific, critical or technical work, or into a work
designated for teaching purposes, for the clarif ication of its content, small published works
in their entirety,
c)  uses a published work in a lecture exclusively for scientific, teaching or other instructive
or educational purposes;
the name of the author, unless the work is an  anonymous work, or the name of the person
under whose name the work is being introduced in public must however always be indicated;
the title of the work and source must also be indicated.
Article 32
Catalogue licence
Copyright shall not be infringed by whoever includes into a catalogue of an
exhibition, auction, fair or other similar even t organised by him a picture of the work
exhibited on such occasion; the author’s consent shall not be needed also for the utilization of
the depiction of this work by reproduction a nd dissemination of the catalogue. It shall
however always be necessary to indicate the name of the author, unlesss the work is an
anonymous work, or the name of the person unde r whose name the work is being introduced
in public; the title of the work and source must also be indicated.
Article 33
Utilization of a work located in a public area
(1) Copyright shall not be infringed by whoe ver records or expresses by drawing,
painting, graphic art, photography or film a work located on a square, in a street, in a park, on
a public route or in any other public place; the author’s consent shall not be needed also for
the reproduction, dissemination and communication to the public of the work recorded or
expressed by such means. The provision of Ar ticle 31 of the clause following the semicolon
shall apply appropriately.
(2) The provisions of paragraph (1) sha ll not apply to the reproduction and
distribution of the work by means of a three-dimensional reproduction.IP/N/1/CZE/C/4
Page 17
Article 34
Official and reporting licence
(1) Copyright shall not be infringed by whoever uses, to a justifiable degree, the work
a)  for official purposes in compliance with the law,
b)  within the course of reporting on a current  event during which such work is being
performed, exhibited or otherwise used,
c)  borrows in the periodical press or other mass communication medium articles with a
content of topical importance on political, economic or religious  matters, which have
already been published in another mass communi cation medium, or their translations; such
borrowing shall not be admissible if it is explicitly forbidden.
(2) The provision of Article 31 of the clau se following the semicolon shall apply
appropriately.
Article 35
Utilization of the work as a part of civil an d religious ceremonies, as a part of school
performances and the utilisation of a school work
(1) Copyright shall not be infringed by whoever utilizes a work for non commercial
purposes during civil and religious ceremonies.
(2) Copyright shall not be infringed by whoever utilizes a work for non commercial
purposes during school performances perform ed exclusively by the pupils, students or
teachers of the school or of the sc hool or educational establishment.
(3) Copyright shall also not be infringed  by the school or school or educational
establishment if they use for non commercial purposes for their own internal needs a work
created by a pupil or student as a part of thei r school or educational assignments ensuing from
their legal relationship with th e school or school or educationa l establishment (school work).
(4) The provision of Article 31 of the clau se following the semicolon shall apply for
paragraphs (2) and (3) appropriately.
Article 36
Restriction of copyright to a collection
Copyright to a collection shall not be infringed by the legitimate user of the collection
work if he uses such work for the purposes  of accessing its content and for the normal
utilisation of its content.IP/N/1/CZE/C/4
Page 18
Article 37
Use of the work by reproduction and distribution of reproductions
(1) Copyright shall not be infringed by the library, archive and other non commercial
school, educational and cultural establishment 4) which makes a reproduction of the work for
their archival and conservation purposes.
(2) Copyright shall not be infringed by whoever
a)  makes, during the use of the work, a transien t and incidental reproduction of the work in
electronic form, which on its own has no econo mic significance, and the purpose of which
is the facilitation of the use of the work, and whose making is an inseparable andindivisible part of the technol ogical process of making the work available, including such
reproduction which allows the effective f unctioning of the transmission system,
b)  makes a reproduction of a photographic work which is his own por trait and which has
been commissioned for a charge,
c)  for the benefit of people with a disabilit y, makes a reproduction or has a reproduction
made, non commercially, of a published work to the extent required by the specific
disability.
(3) The provisions of Article 30 paragraphs (4) to (5) shall apply appropriately.
_____________
4)  Law No. 53/1959 Coll. on the Unified System of Libraries (Library Law) and other laws concerning the
libraries.
Article 38
Use of the work by lending and rental of the original or a copy
(1) Copyright shall not be infringed by the entity referred to in Article 37 paragraph
(1) which lends the originals or copies of published works.
(2) The provision of paragraph (1) shall not apply to computer programs and to copies
of audio or audiovisual fixations, unless the le nding occurs for exclusive use by persons with
health disabilities in connec tion with their disability.
(3) Copyright shall not be infringed by whoe ver rents or lends the original or a copy
of the work of applied art expressed in the form of a utility object, or of the architectonicwork expressed in the form of a construction.
Article 39
Use of the original or reproduc tion of a work of fine arts or of a photographic work by
exhibiting
Copyright shall not be infringed by the ow ner of the original or reproduction of a
work of fine arts, or of a photographic work, who exhibits such work or provides such work
for exhibition free of charge, unless such use was excluded by the author during the transfer
of ownership to such original or such reproduction of the work.IP/N/1/CZE/C/4
Page 19
Section 5
Copyright protection
Article 40
(1) The author whose rights have been infring ed or whose rights have been exposed to
infringement may claim, namely
a) recognition of his authorship,
b)  prohibition of the exposure of his right, including impending repetition of exposure, or of
the infringement of his right , especially the prohibition of the unauthorized production,
unauthorized commercial sale , unauthorized import or export of the original or
reproduction or imitation of his work, unauthorized communication of the work to the
public, as well as its unauthorized promoti on including advertising and other forms of
campaigns,
c)  disclosure of details of the origin of th e illicitely  made reproduc tion or imitation of his
work, of the manner and scope of its utiliza tion, and of the identity of the persons who
have participated in the una uthorized making of the repr oduction or of its unauthorized
distribution, as the case may be,
d)  remedy of the consequences of the in fringement of his right, namely by:
1.  seizure of the illicitely made  reproduction or imitation of the work or of the aid
pursuant to Article 43 from sale or other utilization,
2.  the destruction of the illicite ly made reproduction or imitati on of the work or of the
aid pursuant to Article 43,
e)  provision of appropriate  satisfaction for the nonfinancial damage caused, namely in the
form of
1.  apology
2.  payment of a financial amount where th e acknowledgement of a different kind of
satisfaction would prove inad equate; the amount of the fi nancial satisfaction shall
be determined by a court wh ich will take into account, especially, the gravity of the
damage incurred and the circumstances under which the infringement of the rightoccurred; this shall not preclude an amicable settlement,
(2) The court may recognise in its judgement the right of the author whose claim has
been acquitted to publish the decision at the cost of the party who lost the action and,
depending on circumstances, also determine the scope, form and manner of publication.
(3) The entitlement to compensation of damage and to the surrender of unjust
enrichment pursuant to a special law sha ll remain unaffected; the amount of unjust
enrichment incurred on the part of whoever uses the work unlawfully without having been
granted the necessary licence shall be double the remuneration that would have been awarded
under habitual conditions at the time of unauthorised use of the work.IP/N/1/CZE/C/4
Page 20
Article 41
Where the author grants another person exclusive authorisation to exercise the right to
use the work, or where the exercise of economic rights to the work is entrusted to such person
by statute, the right to claim damages in accordance with Article 40 paragraph (1) b) to d),and paragraphs (2) and (3) shall be exte nded only to such person whose exclusive
authorisation acquired thus by contract or by statute has been exposed or infringed; the
entitlement of the author to make the remaining claims, as well as in this context the claimpursuant to Article 40 paragra ph (2) shall remain unaffected.
Article 42
(1) The author may also require from customs authorities information on the content
and scope of imports of a commodity which,
a)  is a reproduction of his work or an audi o or audiovisual fixation of such work,
b)  is intended to serve as a carrier for the ma king of such a reproduction (empty carrier),
c)  is a device for making audio or audiovi sual fixations or printed copies, or
d)  which falls under the definition of  aids pursuant to Art. 43,
and have access to customs documentation to know whether the import of such commodities
for use on the territory of the Czech Republic is in compliance with this Act, or to learndetails necessary for the enforcement of rights ensuing from this Act.
(2)  The provision of paragraph (1) shall apply analogously also for export.
(3) The information referred to in paragraphs (1) and (2) may be requested also by the
relevant collective administrator as well as by the legal entity authorised to defend theinterests of authors.
Article 43
(1) Copyright shall also be infringed by whoever, for the purpose of achieving
economic gain, develops, produces, offers for sa le, rental or lending, imports, disseminates or
utilizes, as a part of the provision of services or for any other purpose, aids designed for the
removal, deactivation, or  limitation of the function of techni cal devices or of other means
applied for the protection of rights.
(2) Other means pursuant to paragraph (1) shall mean any procedure, product or
component integrated into a procedure, devi ce or product designed to avoid or prevent
infringement of copyright to a work which is ma de available only by a pplication of a code or
of another method enabling decoding.
Article 44
(1)  Unauthorised intervention into copyright  shall also mean:
a)  removal or alteration of any elect ronic data identifying rights,IP/N/1/CZE/C/4
Page 21
b)  distribution of reproductions of the wo rk, including their import, as well as
communication to the public of works whose electronic data identifying the rights to thework have been removed or altered
without the author’s consent.
(2) Data identifying rights to a work pursuant to paragraph (1) shall mean data
expressed in figures, codes or in any ot her manner, which by decision of the author
accompany the work to identify the work and the rights relating to it.
Article 45
Copyright shall also be infringed by whoever uses for his work a title or external
design that has been legitimately used earlier by another author for a work of the same kind ifthis could lead to the danger of confusion of  the two works, unless ensuing otherwise from
the nature of the work or from its designation.
Section 6
Types of contract
Subsection 1
Licence agreement
Article 46
Basic provisions
(1) The author shall grant by means of a licence agreement to the licensee
authorisation to exercise the right to use the work (licence) in individual manners or in allmanners of use within a restricted or unres tricted scope, and, unless agreed otherwise
pursuant to Article 49 paragraph (2) b), the licensee shall undertake to remunerate the
licensor.
(2) The author may not grant authorisation to exercise the right to use the work in a
manner which has not been known at the time of the conclusion of the agreement.
(3) The licensee shall be obliged to utilize the licence, unless stipulated otherwise in
the  agreement. The provision of Article 53 shall remain unaffected.
(4) If the license is granted as an exclusive license, the agreement must be in writing.
Article 47
Exclusive or non-exclusive license
(1) A license may be granted as an exclus ive license or as a non-exclusive license.
Unless stipulated otherwise by the agreement,  it shall be deemed that the license is non-
exclusive.IP/N/1/CZE/C/4
Page 22
(2) In the case of an exclusive license, the author may not grant the license to a third
party and shall be obliged, unless agreed otherwise, to refrain from the exercise of the right in
the same manner of utilisation to which he had granted the license.
(3) In the case of a non-exclusive license, the author shall continue to be authorised to
exercise the right to use the work in the manner to which he had granted the license as well asto grant the license to third parties.
(4) A non-exclusive license acquired by the licensee before the subsequent granting of
an exclusive license to a third party shall be retained, unless agreed otherwise by the authorand the licensee of such a non-exclusive license.
(5) The agreement by which the author has granted a license to a third party while the
exclusive license of the licensee to the same manner of utilization is still in effect shall beinvalid, unless the licensee of the exclusive licen se has given his consen t to the conclusion of
such an agreement.
Article 48
Granting  of authorisation to a third party
(1) Where the agreement thus stipulates, the licensee may grant in full or in part the
authorisation which is a part of the licence to a third party (sub-license). The provision of
Article 46 paragraph (3) shall apply analogously.
(2) The licensee may pass the license to a third party only with the author’s written
consent; the licensee must inform the author without undue delay about the passing of the
license and the name of the person to whom it had been passed. The author’s consent shall
not be required, unless agreed otherwise, for th e sale of the undertaking of which the license
is a part, or of such part of the undertakin g which comprises its i ndependent organisational
unit.
Article 49
Remuneration
(1) Unless stipulated otherwise hereinafte r, the agreement shall stipulate the amount
of the remuneration or at least the manner of its determination.
(2) Where the amount of the remuneration or at least the manner of its stipulation is
not provided for by the agreement, the agreement shall be invalid, with the exception of caseswhen
a)  the will of the parties to conclude an agr eement implying remuneration without stipulating
the amount of the remuneration ensues from the negotiations between the parties on the
conclusion of the agreement; in such case the licensee shall be obliged to payremuneration to the author in an amount hab itual at the time of the conclusion of the
agreement under contractual terms similar in thei r content to this agreement for such type
of work, or
 IP/N/1/CZE/C/4
Page 23
b)  the parties to the agreement agree to grant the licence without remuneration.
(3) The author who grants a licence for the rental of an original or a copy of the work
fixed as an audio or audiovisual fixation to the producer of such fixation shall be entitled to areasonable remuneration from the person who rents th e original or a copy of the work fixed in
such manner; the author may not waive this right.
(4) Where the amount of the remuneration has been agreed in dependence on the
proceeds from the utilization of the licence, the lic ensee shall be obliged to facilitate to the
author an audit of the relevant accounting or  other documentation to establish the real amount
of the remuneration. Where the licensee thus pr ovides the author with information marked by
the licensee as confidential, the author may not divulge such information to a third party noruse it for his own need in contravention of th e purpose for which it has been made available
to him.
(5) The licensee shall be obliged to submit to the author, at agreed time intervals,
regular statements of settlement of the remuneration referred to in paragraph (4); unlessstipulated otherwise, he shall be obl iged to do not less than once a year.
(6) Where the remuneration has not been derived from the proceeds of the utilization
of the work and where it is so low that it is in obvious disproportion to the profit from theutilization of the licence and to the importance of the work for the achievement of such profit,the author shall be entitled to an appropria te supplementary remuneration, unless agreed
otherwise.
Article 50
Restriction of licence
(1) A licence may be restricted to individual manners of utilization of the work; the
manners of the utilization of the work may be  restricted in scope, especially in amount,
location or time.
(2) Where the agreement does not stipulate the individual manners of utilization of the
work or the scope of utilization for which the licence is being granted, it shall be deemed thatthe licence has been granted for such manners of utilization and within such scope as wouldbe necessary for the implementati on of the purpose of the agreement.
(3) Unless stipulated otherwise by the agreement, or unless ensuing otherwise form its
purpose, it shall be deemed that
a)  the territorial scope of the licence is restricted to the territory of the Czech Republic,
b)  the time scope of the licence is restricted to the habitual time for the given type of work
and manner of utilization, not longer however th an one year from the date of the granting
of the licence; where the work ought to be delivered only after the granting of the licence,the term shall be one year from the date of delivery,
c)  the quantity scope of the licence is limited to the habitual quantity for the given type of
work and manner of utilization.IP/N/1/CZE/C/4
Page 24
(4) Unless stipulated otherwise by agreemen t, the licence to reproduce a work shall
imply the authorisation to make direct and indirect reproductions, permanent and temporary
reproductions, in whole or in  part, by an y means and in any form; in the case of
reproductions in electronic form this shall include both on-line and off-line reproductions.
(5) Unless stipulated otherwise by the agreement, the licence to reproduce a work
shall imply the licence to distri bute the reproductions thus made.
(6) Unless stipulated otherwise by the agreement or unless arising otherwise from its
purpose, the licence to the broadcast of a work shall imply also the authorisation to make anephemeral fixation of the work by the broadcaster by means of his own facilities  and for hisown single broadcast.
Article 51
Restriction of the licensee
The licensee may not adapt or otherwise alter a work, its title or indication of the
author, unless agreed otherwise or unless the ad aptation or other alteration of the work or of
its title is of such a kind where it is possible to reasonably expect that the author would, inview of the circumstances of its utilization, give  his consent; even in the latter case, however,
the licensee may not alter the work or its title if the author has reserved his consent even forsuch alterations and the licensee has been notif ied of such reservati on. The same shall apply
in the case of the joining of the work with another work or of the inclusion of the work into acollection.
Article 52
Complimentary reproduction
Where it may be fairly required of the licensee, and if this is a habitual custom, the
licensee shall be obliged, at his own cost, to make available to the author at least onereproduction of the author’s works from the re productions acquired by the licensee on the
basis of the relevant licence.
Article 53
Withdrawal from agreement due to inactivity of licensee
(1) Where the licensee of an exclusive licence does not utilize it at all or utilizes it
inadequately, and where this has a consid erably unfavourable effect on the legitimate
interests of the author, the author may withdraw from the agreement. This shall not apply inthe case where the non utilization or inadequate utilization of the licence has been caused by
circumstances resting mainly on the part of the author.
(2) The author may withdraw from the agreement for reasons referred to in paragraph
(1) only after challenging the licensee to utilize the licence adequately within a reasonableperiod after being challenged and failing to utilize the licence adequately in spite of suchchallenge. In his challenge the author shall notify the licensee of the possibility of hiswithdrawal subsequently to the fruitless passa ge of the appropriate period. The challengeIP/N/1/CZE/C/4
Page 25
shall not be necessary if the utilization of the licence by the licensee is not possible or if the
licensee has declared that he would not utilize the licence.
(3) Unless stipulated otherwise by the agreement, the author may not apply the right
to withdraw from the agreement pursuant to paragraph (1) earlier than two years from thegranting of the licence; where the work is to be delivered only after the granting of thelicence the term shall be counted from the date  of granting of the licence; in the case of
contributions for daily periodicals this term shall be three months, in the case of other
periodicals one year. Where it is necessary to challenge pursuant to paragraph (2) beforewithdrawal from the agreement, it shall not even be possible to challenge the licensee beforethe passage of the stipulated term.
(4) The agreement shall expire on delivery of the withdrawal to the licensee.(5) Where reasons worthy of special consideration exist, the author shall be obliged to
compensate the licensee for the damage incurred by his withdrawal from the agreement. Thereasons for which the licensee has not utilised the licence adequately shall, especially, betaken into account.
(6) Where the licence has not been utilized at all, the author shall be obliged to return
to the licensee the remuneration which he had received from him on the basis of the
agreement from which he is withdrawing; where the licence has been utilized onlyinadequately, the author shall be obliged to  return the remuneration reduced by the amount
which, with regard to the proportion of the imple mented scope of the utilization of the licence
and the scope of utilization stipulated by the agreement, would relate to the implementedutilization.
(7) Where the licensee has been obliged to use the licence and has infringed on this
obligation, the author’s entitlement to the re muneration shall remain unaffected by his
withdrawal from the agreement pursuant to  paragraph (1); where the amount of the
remuneration has been agreed in dependence on the proceeds from the use of the work, it
shall be deemed that an entitlement to the remuneration has arisen for the author in theamount equal to that which would have arisen  if the licensee had adequately utilized the
licence during the period preceding the author’s withdrawal from the agreement.
Article 54
Withdrawal from the agreement due to change of author’s conviction
(1) The author may withdraw in writing from the agreement if his work, which has
not yet been made public, no longer corresponds  with his conviction and where the making
public of the work would have a significantl y unfavourable effect on his legitimate personal
interests. The agreement shall expire on the day of the delivery to the licensee of the writtenwithdrawal from the agreement.
(2) The author shall be obliged to compensa te the licensee for the damage incurred by
his withdrawal from the agreement.IP/N/1/CZE/C/4
Page 26
(3) Where after the withdrawal from the agreement pursuant to paragraph (1) the
author expresses repeated interest in the utilization of the work, he shall be obliged to offerpreferentially the licence to the licensee, and that on conditions comparable with those agreedoriginally.
(4) The provision of Article 53 para graph (7) shall apply analogously.
Article 55
Termination of the licence
(1) In the event of the dissolution of the legal entity which has been granted the
licence, the rights and duties ensuing from the licence agreement shall pass on the legalsuccessor of such entity. The licence agreement may eliminate such passage of rights andduties on the legal successor.
(2) In the event of the death of the natural person who has been granted the licence,
the rights and duties ensuing from the licence agreement shall pass on the heirs, if the licenceagreement permits it.
Subsection 2
Special provisions for a publisher’s licence agreement
Article 56
(1) The licence agreement by which the author has granted the licensee a licence to
reproduce and disseminate a literary work, musi co-dramatical or musical work, a work of
fine arts, a photographic work or a work expr essed in a manner analogous to photography,
unless the work is utilised in a performance by performing artists, shall be a publisher’slicence agreement.
(2) Unless ensuing otherwise from the agreement, it shall be deemed that the licence
has been granted exclusively; this shall not apply in the case of reproduction anddissemination of the work in a periodical publication.
(3) Unless stipulated otherwise by the agreement, the author shall be entitled to make,
before the publication of the work and within  a reasonable period granted by the licensee,
small creative alterations of the work if these do not evoke on the part of the licensee thenecessity of incurring unreasonable cost, or if  they do not change the character of the work
(author’s corrections).
(4) Where the licensee does not make it possible for the author to make author’s
corrections the author may withdraw from the agreement if the consequence would be theutilisation of the work in a manner derogating its value.
(5) Where the quantity scope of the licence has been restricted to a certain number of
reproductions, and such reproductions  have gone out of print before the passage of the term
for which the licence had been granted, the licence shall expire, unless the parties to theIP/N/1/CZE/C/4
Page 27
agreement agree on the increase of the quantity scope within six months from the day on
which the author challenged the licensee to execute such a change in the agreement.
Subsection 3
Sub-licence agreement
Article 57
The provisions of Articles 46 to 56 sha ll apply analogously to a sub-licence
agreement.
Section 7
Special provisions on certain works
Article 58
Employee work
(1) Unless agreed otherwise, the author’s economic rights to a work created by the
author in fulfilling his duties araising from the employment or civil service contract to theemployer or  from an employment rela tionship between a cooperative and its member
(henceforth referred to as employee work) shall be exercised exclusively by the employer inhis own name and on his own account. The employ er may assign the exercise of the right
pursuant to this paragraph to a third person only with the author’s consent, unless this occurs
during the sale of the undertaking or of its part.
(2) In the event of the death or dissolution of the employer who has been authorised to
exercise the economic rights to an employee work, and who has no legal successor, theauthorisation to the exercise of these rights shall fall to the author.
(3) Where the employer does not at all u tilize the economic rights to an employee
work, or utilizes them inadequately, the author shall have the right to ask the employer togrant him the licence under habitual conditions, unl ess there is a serious reason on the part of
the employer to refuse it.
(4) The author’s personal rights to an employee work shall remain unaffected. Where
the employer exercises the economic rights to an employee work it shall be deemed,however, that the author has given his cons ent to the work being made public, altered,
adapted including translation, joined with anot her work, included into a collective work and,
unless agreed otherwise, also being intr oduced in public under the employer’s name.
(5) Unless agreed otherwise, it shall be deemed that the author has given the employer
his consent to complete his unfinished empl oyee work in the case where it has not been
finished in spite of a challenge by the employer to complete the employee work within anextended period, or when the employee’s obliga tion to complete such work has expired due
to his death or due to the impossibility to meet this obligation.
(6) Unless agreed otherwise, the author of the employee work is entitled to an
appropriate supplementary remuneration from the em ployer if the wages paid to the author byIP/N/1/CZE/C/4
Page 28
the employer are in evident disproportion to the profit from the utilisation of rights to the
employee work and to the importance of such work for the achievement of this profit; thisprovision shall not apply to works referred to in  paragraph (7), be they employee works or
considered as such, unless agreed otherwise
(7) Computer programs and databases,  and cartographic works which are not
collective works shall be deemed employee works also where they have been created toorder; the person who ordered them shall in such case be considered the employer. The
provisions of Article 61 sha ll not apply to such works.
(8) The provisions of paragraphs (1) to (6) shall remain unaffected by the termination
of the legal relationship pursuant to para graph (1) or, respectively, paragraph (7).
Article 59
Collective work
(1) A collective work shall mean a work created with the participation of more
authors, and which is being created at the initiative and under the mana gement of a natural
person or legal entity and made available to the  public under that person’s or entity’s name
under the condition that the contributions invol ved in such work shall not be capable of
independent use.
(2) Collective works shall be deemed employee works pursuant to Article 58 also in
the case when they have been created to order; the person who has made the order shall insuch case be considered the employer. The pr ovision of Article 61 sha ll not apply to these
works.
(3)  An audiovisual work and works used audiovisually are not collective work.
Article 60
School Work
(1) A school or school or educ ational establishment shall ha ve the right to conclude,
under habitual terms, a licence agreement on the utilization of a school work (Article 35
paragraph (3)). Where the author of such wo rk has refused to grant his permission without
stating a serious reason, such entities ma y claim compensation for the absence of
manifestation of will in court. The provision of Article 35 paragraph (3) shall remainunaffected.
(2) Unless agreed otherwise, the author of  a school work may use his work or grant
the licence to another party if this is not in contravention of the legitimate interests of theschool or school or edu cational establishment.
(3) The school or school or educational es tablishment shall be entitled to claim from
the author of the school work, from the inco me earned by him in connection with the
utilization of the work or granting of the licence pursuant to paragraph (2), an appropriatecontribution to the reimbursement of the cost incurred by them due to the creation of the
work, and that, depending on the circumstances, up to the full amount of this cost; theIP/N/1/CZE/C/4
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determination of the amount sha ll take into account the procee ds from the utilisation of the
school work pursuant to paragraph (1) receiv ed by the school or school or educational
establishment.
Article 61
A work created to order and a work created for a competition
(1) A work created on the basis of a contract for work (a work created to order) may
be used by the person who ordered it only for the purpose defined by the contract. Unless
stipulated otherwise by this Act, the customer shall be authorised to use the work in extensionof such purpose only on the basis of a licence agreement.
(2) Unless agreed otherwise, the author may use the work made to order himself and
to grant a licence also to another party if this does not contravene the legitimate interests ofthe customer.
(3) The provisions of paragraphs (1) and (2) shall apply analogously to the work
created by the author as a competitor in a public competition (a work created for a
competition).
Audiovisual work
Article 62
Definition
(1) An audiovisual work shall mean a work  created by the arrangement of works used
audiovisually, adapted or unadapted, constituted of a number of recorded interlinked imagesevoking the impression of movement, accompanie d by sound or mute, perceivable by sight
and, if accompanied by sound, perceivable by hearing.
(2) A work may be adapted and included into an audiovisual work only with the
author’s consent.
Article 63
The author of th e audiovisual work
(1) It shall be deemed that the author of the audiovisual work is the director of the
work. This shall not prejudice the rights of authors of works used audiovisually.
(2) It shall be deemed that the statemen t concerning the audiovisual work and  the
rights to such work, including the rights relating to its utilization, recorded in the register ofaudiovisual works kept in compliance with the international convention is true, unless there is
proof to the contrary; this shall not apply in cases when a statement cannot be valid according
to this Act or when it is contradicted by  another statement recorded  in such register.
(3) Unless agreed otherwise, in the case when the author of the audiovisual work has
granted the producer of the first fixation of the audiovisual work his written permission to fixthe  first fixation of the work, it shall mean thatIP/N/1/CZE/C/4
Page 30
a)  he has also granted such producer the ex clusive and unrestricted licence, with the
exception of uses pursuant to Article 13, as fa r as making copies for the purpose of their
distribution is concerned, Artic les 14 and 18 paragraph (2), to use the audiovisual work in
its original version as well as in the dubbed and subtitled versions, and also to use the
photographs created in connection with the ma king of the primary fixation, including the
option of granting authorisation which is part of such license in entirety or part to a thirdparty, and that
b)  together with such producer he has agreed on a remuneration in the amount habitual in the
sense of the provision of Article 49, paragraph (2) a).
(4) The provisions of Article 54 shall not a pply to the relation between the author of
the audiovisual work and the producer of the first fixation of the audiovisual work, unless
agreed otherwise; the provision of Article 58 pa ragraph (4) shall apply appropriately, and the
provision of Article 58 paragra ph (5) shall apply analogously.
Article 64
Works utilized audiovisually
(1) Where the author of a work utilized audiovisually, with the exception of a musical
work, has granted the producer of the first fixation of the audiovisual work writtenpermission to include the work into an audiovisual work, it shall mean that he has granted,unless agreed otherwise, such producer
a) authorisation to include the work without a lteration or after adapta tion or other alteration
into an audiovisual work, and also to fix th e first fixation of such audiovisual work, as
well as to dub it and provide it with subtitles, and that
b)  he has also extended to him the exclusive and unrestricted licence, with the exception of
uses pursuant to Articles 13, as far as making copies for the purpose of their distribution is
concerned,  Articles 14 and 18 paragraph (2), to use the work during the utilisation of theaudiovisual work, and also to use the photog raphs created in connection with the making
of the primary fixation, including the option of granting authorisation which is part of such
license in entirety or part to a third party, and that
c)  they have agreed on a remuneration in the am ount habitual in the sense of the provision of
Article 49 paragraph (2) a).
(2) Unless stipulated otherwise, the author of the work utilised audiovisually pursuant
to paragraph (1) may grant permission for the in clusion of such work into another audiovisual
work, or include it into such a work himself after the passage of ten years from the grantingof the permission pursuant to paragraph (1).
(3) The provision of Article 63 para graph (4) shall apply analogously.IP/N/1/CZE/C/4
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Computer programs
Article 65
General provision
(1) A computer program, irrespective of the form in which it is expressed, including
preparatory design material, shall be protected as a literary work.
(2) The ideas and principles which underlie  any element of a computer program,
including those which underlie its interfaces , are not protected pursuant to this Act.
Article 66
Restriction of the scope of the author’s rights to a computer program
(1) The legitimate user of a reproduction of a computer program shall not infringe
copyright if
a)  unless agreed otherwise, he reproduces, translat es, adapts, arranges or otherwise alters the
computer program if this is necessary for the utilisation of the computer program incompliance with its purpose, including the correction of program errors,
b)  he makes a back-up copy of the computer program, if this is necessary for its utilization,
c)  he observes, studies or tests, by himself or through another person on his behalf, the
functioning  of the  program in order to de termine the ideas and principles underlying any
element of the  program, if he does so while performing any of the acts of loading,displaying, running, transmitting or stroign the program,
d)  he reproduces the code or translates its form during the reproduction of the computer
program, or during its translation or other ad aptation, adjustment or other alteration either
by himself or through another person on his be half, if such reproduction or translation is
necessary to obtain the information needed to achieve the interoperability of anindependently created computer program with  other  programs, where the information
needed for the achievement of interoperability is not otherwise easily available to thesepersons and such activity is restricted to t hose parts of the computer program which are
necessary for the achievement of interoperability.
(2) The making of a reproduction needed fo r the loading and storage of the computer
program into the memory of the computer, as well as for its display, run and transmission,shall also be deemed the reproduction of the computer program.
(3) The information acquired during the activity pursuant to paragraph (1) d) may not
be given to third parties or used for purposes other than to achieve the interoperability of theindependently created computer program. In a ddition, this information may not be used for
the development, production or marketing of a computer program subs tantially similar in its
expression, or for any other act which infringes copyright.
(4) The provisions of paragraph (1) d) a nd paragraph (2) may not be interpreted in
such a way as to allow its application to be use in a manner which  unreasonably  prejudices
the legitimate interests of the author or conflict with a  normal exploitation  of the computerprogram.IP/N/1/CZE/C/4
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(5) Unless agreed otherwise, the provision of Article 54 shall not apply to computer
programs.
Title II
Rights related to copyright
Section 1
The rights of the performer to his artistic performance
Article 67
Artistic performance and the performer
(1) An artistic performance is the performance of an actor, singer, musician, dancer,
conductor, choirmaster, director or other person w ho acts, sings, recites, presents or otherwise
performs an artistic work including works of traditional folk culture. The performance of anartiste, although he does not perform an artis tic work, shall also be deemed an artistic
performance.
(2) A performer is the natural person w ho has created the artistic performance.
Article 68
Joint representative of performers
(1) Performers shall be represented, on thei r behalf and on their account, in the
exercise of rights to performances created jointly during the performance of the same workby more than one performer, e.g. by members of  an orchestra, choir, dance troupe or other
artistic corps, by the head of the artistic ensemble as their joint representative. The head ofthe artistic ensemble shall not be the joint representative where the majority of the membersof the artistic ensemble assign another person as their joint representative; to becomeeffective, the authorisation must be in writing and bear the signatures of the majority of themembers of the artistic ensemble.
(2) The provision of paragraph (1) on the jo int representative shall not apply to the
following performers - soloist, conductor and dir ector of a theatre performance; this shall not
prejudice the right of such persons to be  the joint representatives of performers.
Article 69
Content of the right of the performer
The right of the performer shall include exclusive moral rights (Article 70) and
exclusive economic rights (Article 71).
Article 70
Moral rights of the performer
(1) The performer shall have the right to deci de about the making public of his artistic
performance.IP/N/1/CZE/C/4
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(2) The soloist, where he creates the perf ormance alone, the conductor, choirmaster,
theatre director and soloist, where they crea te the performance together with the members of
an artistic ensemble, sh all have the right to decide wh ether and how their name should be
indicated when their performance is being made public. Performers as members of an artisticensemble shall enjoy the right pursuant to the preceding clause only in relation to the jointname (joint pseudonym) under which they join tly create the performance; this shall not
prejudice an agreement on the indication of their name pursuant to the preceding clause.
(3) The performer shall however not be entitled to the right pursuant to paragraph (2)
in cases justified by the manner of the utilization of the performance.
(4) The performer shall have the right for his artistic performance not to be utilised, if
used by another person, in a manner depreci ating the value of the performance; performer
artists as defined in Article 68 paragraph (1) shall be obliged to exercise appropriate mutual
consideration.
Article 71
Economic rights of the performer
(1) The performer shall have the right to use his artistic performance and to grant by
contract to another person the authorisation to ex ercise this right; an other person may use the
artistic performance without such authorisation only in the cases  stipulated by this Act.
(2) The right to use an artistic performance shall mean:
a)  right of broadcasting and other communicati on of the live performance to the public,
b)  right of fixation of the live performance,
c)  right of reproduction of the fixed  performance,
d)  right of distribution of  the re productions of the fixed performance,
e)  right of rental of copies of the fixed performance,
f)  right of lending of copies of the fixed performance,
g)  right of communication of the fixed performance to the public.
1. (3) The performer shall be entitled to a remuneration in connection with the reproduction of
his fixed performance for personal use analogously pursuant to Article 25.
Article 72
Statutory licence subject to payment
(1) The right of the performer shall not be infringed by whoever uses the artistic
performance fixed as a phonogram published for co mmercial purposes by broadcasting  or by
retransmitting the  broadcast; the performer shall however be entitled to a remuneration forsuch use. This right may be exercised by the performer only through the  relevant collectiveadministrator.IP/N/1/CZE/C/4
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(2) A phonogram published for commercial purposes shall mean a phonogram whose
reproductions are distributed by sale.
(3) The right of the performer shall however be infringed by whoever does not, before
the use in the manner referred to in paragraph (1), conclude an agreement with the relevantcollective administrator, stipulating the amount  of the remuneration for such use and the
manner of its payment.
(4) The right of the performer shall also be infringed by whoever has been forbidden
by the relevant collective administrator to utilise further the performance in the mannerreferred to in paragraph (1) for being in arrears with the payment to the collectiveadministrator of the remuneration for such  manner of use, and for not paying the
remuneration even during the additional thir ty day period extended by the collective
administrator for this purpose. Unless the collective administrator limits such ban to a shorterperiod, the ban shall be in effect until such time  when the liability to pay the remuneration is
met or expires in any other manner; however, s hould the ban be violated, the duration of the
ban shall not be ended without  the consent of the collective administrator before the
settlement of, also, the claims arising from such violation.
Article 73
Duration of economic ri ghts of the performer
The economic rights of the performer shall run for 50 years from the creation of the
performance. Where however a fixation of such performance is made public during thisperiod, the rights of the performer shall not expire until 50 years from the time when suchfaixation was made public.
Article 74
Application of the provisions of Title I
The provisions of Article 2 paragraph (3),  Articles 4, 6, and 7, Article 9 paragraphs
(1) to (4), Article 11 paragraphs (4) and (5), Article 12 paragraphs (2 ) and (3), Articles 13 to
16, Articles18 to 23, Articles 25 and 26, Article 27 paragraph (7 ), Article 28 paragraph (1),
Article 29, Article 30 paragraphs (1), (2), (4) and (5), Article 31, Article 34 paragraph (1) a)
and b), Article 35, Ar ticle 37 paragraph (1), Article 38 pa ragraphs (1) and (2), Articles 40 to
44, Articles 46 to 48, Article 49 paragraphs (1) to (5), Articles 50, 51,  53 to 55,  57 and
Article 64 paragraphs (1) and (3), shall apply appropriately  also to performer and his
performances.
Section 2
The right of the phonogram producer  to his phonogram
Article 75
The phonogram and its producer
(1) A phonogram is the fixation perceivable, ex clusively, by hearing of the sounds of
the performance of the performer or of  other sounds, or of their expression.IP/N/1/CZE/C/4
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(2) The phonogram producer is the natural person or legal entity who, on his own
responsibility, has fixed for the first time the sounds of the performance of the performer, or
other sounds, or  their expression, or who ha s had such fixation made by a third party.
Article 76
Content of the right of  the phonogram producer
(1) The phonogram producer  shall have th e exclusive economic right to use his
phonogram and  to transfer by contract the aut horisation to the exercise of this right to
another person; this other person may us e the phonogram without giving of such
authorisation only in the cases provided for by this Act.
(2) The right to use the phonogram means
a)  the right of reproduction of the phonogram,
b)  the right of distribution of  the or iginal or copies of the phonogram,
c)  the right of rental of  the original or copies  of the phonogram,
d)  the right of lending of  the original or copies of the phonogram,
e)  the right of broadcasting  and  other   communication  of the phonogram to the public.
(3) The provisions of Article 72 shall a pply analogously to the phonogram producer.
(4) The phonogram producer shall be entitle d to a remuneration in connection with
the reproduction of his phonogram for pe rsonal use analogously to Article 25.
(5) The right of the phonogram producer  is transferable.
Article 77
Duration of the right of the phonogram  producer
The right of the phonogram  producer  shall run for 50 years from the making of the
phonogram. Where however a phonogram is lawful ly  made public during this period, the
right of the producer shall not expire until 50 years from the date when such phonogram wasmade public.
Article 78
Application of the provisions of Title I
The provisions of Article 2 paragraph (3),  Article 4, Article 6, Article 9 paragraphs
(2) to (4), Article 12 paragraphs (2) and (3 ), Articles 13 to 16, Artic les 18 to 23, Article 25,
Article 27 paragraph (7), Article  28 paragraph (1), Article 29, Ar ticle 30 paragraphs (1), (2),
(4) and (5), Article 31, Article 34 paragraph (1) a) and b), Article 35 paragraphs (1) and (4),
Article 37 paragraph (1), Artic le 38 paragraphs (1) and (2),  Articles 40 to 44, Articles 46 to
48, Article 49 paragraphs (1) to (5), Articles 50,  51,  55 and 57 sh all apply analogously to the
phonogram producer and his phonogram.IP/N/1/CZE/C/4
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Section 3
The right of the producer of the audiovisual fixation to his first fixation
Article 79
Audiovisual fixation and its producer
(1) Audiovisual fixation is the fixation of an audiovisual work or a fixation of another
series of fixed and connected images evoking the impression of movement, both
accompanied by sound and mute, perceivable by sight and, if accompanied by sound,perceivable also by hearing.
(2) The producer of the  audiovisual fixation is the natural person or legal entity who,
on his own responsibility, has made for the firs t time the audiovisual fixation, or who has had
such a fixation made by a third party.
Article 80
Content of the right of the producer of the audiovisual fixation
(1) The producer of the audiovisual fixation shall have the exclusive economic right to
use his audiovisual fixation and to transfer by c ontract the authorisation to exercise this right
to another person; this other person may use the audiovisual recording without granting of
such authorisation only in the cases provided for by this Act.
(2) The right to use an a udiovisual fixation  means
a)  the right of reproduction of  the audiovisual fixation,
b)  the right of distribution of the  original  or copies of the audiovisual fixation,
c)  the right of rental of  the original or copies of the audiovisual fixation,
d)  the right of lending of  the original or copies of the audiovisual fixation,
e)  the right of broadcasting and  other communi cation of the audiovisual fixation to the
public.
(3) The producer of the audiovisual  fixation shall be entitled to a remuneration in
connection with the reproduction of his fixati on for personal use analogously to Article 25.
(4)  The right of the producer of the a udiovisual fixation is transferable.
Article 81
Duration of the right of the producer of the audiovisual fixation
The right of the producer of the audiovisual fixation shall run for 50 years from its
first fixation. Where however th e audiovisual fixation has been  lawfully made public during
this period, the right of the producer of the audi ovisual fixation shall not expire until after 50
years from the date when the a udiovisual fixation was made public.IP/N/1/CZE/C/4
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Article 82
Application of the provisions of Title I
The provisions of Article 2 paragraph 3, Artic le 4, Article 6, Article  9 paragraphs (2)
to (4), Article 12 paragraphs (2) and (3),  Articles 13 to 16, Artic les 18 to 23, Article 25,
Article 27 paragraph (7), Article  28 paragraph (1), Article 29, Ar ticle 30 paragraphs (1), (2),
(4) and (5), Article 31, Article 34 paragraph (1) a) and b), Article 35 paragraphs (1) and (4),
Article 37 paragraph (1), Artic le 38 paragraphs (1) and (2),  Articles 40 to 44, Articles 46 to
48, Article 49 paragraphs (1) to  (5), Articles 50, 51,  55, and  57 shall apply analogously also
to the producer of the audiovi sual fixation and his fixation.
Section 4
The right of the radio an d television broadcaster
Article 83
Broadcasting and the broadcaster
(1) Broadcasting shall mean the result of the dissemination of sounds, or of images
and sounds, or of their expression by means of radio or television for reception by the public.
(2) The broadcaster shall be the natura l person or legal entity who, on his own
responsibility, executes the broadcasting of s ounds, or of images and sounds, or of their
expression by radio or televisi on, or who has had a third party to execute the broadcasting.
Article 84
The content of the right of the broadcaster
(1) The broadcaster shall have the exclusiv e economic right to use his broadcast and
to grant by contract the authorisation to exerci se this right to another person; the other person
may use the broadcasting without granting  of su ch authorisation only in the cases stipulated
by this Act.
(2) The right to use the broadcast shall mean
a)  the right of fixation of the broadcast,
b)  the right of reproduction of  the  broadcast fixation,
c)  the right of  distribution of  copies of the fixed broadcast,
d)  the right of communication of  the broadcast to the public.
(3) The right of the broadcaster pursuant to paragraph (1) is transferable.
Article 85
Duration of the righ t of the broadcaster
The right of the broadcaster shall run for 50 years from the first broadcast.IP/N/1/CZE/C/4
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Article 86
Application of the provisions of Title I
The provisions of Article 2 paragraph (3),  Article 4, Article 6, Article 9 paragraphs
(2) to (4), Article 12 paragraphs (2) and (3 ), Articles 13 to 16, Artic les 18 to 23, Article 25,
Article 27 paragraph (7), Article  28 paragraph (1), Article 29, Ar ticle 30 paragraphs (1), (2),
(4) and (5), Article 31, Article 34 paragraph (1) a) and b), Article 35 paragraphs (1) and (4),
Article 37 paragraph (1), Artic le 38 paragraphs (1) and (2),  Articles 40 to 44, Articles 46 to
48, Article 49 paragraphs (1) to  (5), Articles 50,  51, 55 and 57 shall apply analogously also
to the broadcaster and his broadcast.
Section 5
The right of the publisher
Article 87
The publisher has the right to a remunerati on in connection with the making of a
reproduction for the private use of a work publishe d by him. The duration of this right is 50
years from the publication of the work. The pr ovision of Article 27 paragraph (7) shall apply
analogously.
Title III
The right sui generis  of the  maker of the database
Article 88
Definition
(1) For the purposes of this Act a database  shall be a collection of independent works,
data, or other materials arranged in a sy stematic or methodical way and individually
accessible by electronic or othe r means, irrespective of the form of their expression. Rights
sui generis to a database shall be due to the maker of a database which is a qualitatively orquantitatively substantial contribution to the acquisition, verification or presentation of its
content, irrespective of whether the database or its content are the subject of copyright or ofother protection.
(2) Any new qualitatively or quantitatively substantial contribution to a database,
consisting of supplementation, abbreviation or othe r adjustments, shall result in the start of a
new run of duration of ri ghts pursuant to Article 93.
Article 89
The maker of the database
The maker of the database is the natu ral person or legal entity who, on his own
responsibility, has compiled the database, or who has had a database  compiled by another
person or entity.IP/N/1/CZE/C/4
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Article 90
Content of the  right sui generi s of the maker of the database
(1) The maker of the database shall have the right to extraction or re-utilisation of the
whole content of the database or of its qualitatively or quantitatively substantial part, and theright to grant to another person the authorisation to execute such right.
(2) The extraction  pursuant to paragra ph (1) means the permanent or temporary
transfer of all or  substantial part of the c ontent of a database to another medium by any
means or in any form.
(3) The re-utilization pursuant to paragraph (1) shall mean any form of making
available to the public all or a substantial part of the content of a database by the distributionof copies, by rental, by on-lin e or other forms of transmission.
(4) Lending of the original or a copy  (Article 16) of a da tabase shall not mean
extraction  pursuant to paragraph (2) or re-utilization pursuant to paragraph (3).
(5) The repeated and systematic extraction or re-utilization of insubstantial parts of the
content of the database implying acts which is  not habitual, is in appropriate and which
unreasonably prejudices the  legitimate interests of the maker of the database, shall not bepermitted.
(6) The right of the maker of a database is transferable.
Article 91
Restriction of the  right sui generis  of the maker of the database
The right of the maker of the database which has been made available in any way to
the public shall not be infringed by the legitimate user who extracts or re-utilises qualitativelyor quantitatively insubstantial parts of the content of the database or of its part, and that forwhatever purpose, on condition that such user us es the database in a habitual and appropriate
manner, not systematically or repeatedly, and w ithout damaging the leg itimate interests of the
maker of the database, and that he does not cau se damage to the author or the rightholder of
rights related to the copyright to works or ot her protected items cont ained in the database.
Article 92
Statutory licences
The right of the maker of the database made  available by him shall not be infringed by
the legitimate user who extracts  or re-utilises a substantial part of the content of the database:
a)  for his personal use; the provision of Article 30 paragraph (1) of the clause following the
semicolon shall remain unaffected,
b)  for scientific or educational purposes if he indicates the source, within the scope justified
by the desired non-gainful purpose, and
c)  for the purposes  of public security or  an administrative  or judicial procedure.IP/N/1/CZE/C/4
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Article 93
Duration of the right sui generis  of the maker to the database
The right sui generis  of the maker of the database shall run for 15 years from the
making of the database. If however the databa se is made available during such period, the
special right of the maker of the database shall expire 15 years from the date when thedatabase has thus b een made available.
Article 94
Application of the provisions of Title I
2. The provisions of.Article 3 clause a), Article 4 and Article 6, Article 9 paragraphs (2) to (4),
Article 12 paragraph (2), Articles 13 to 15, Article 18 paragraph (2), Article 27 paragraph (7), Article
28 paragraph (1), Article 29, Article 30 paragraph (1), Articles 40 to 44, Articles 46 to 48, Article 49
paragraphs (1) to (5), Articles 50,  51,  55 and 57 shall apply appropriately also to the provider of the
database.
Title IV
Collective administration of rights
Article 95
(1) The purpose of collective administration of rights pursuant to this Act (henceforth
referred to  as ”collective administration”) is the collective enforcement and collectiveprotection of economic rights of authors and of economic rights related to copyright and the
making available of the items of these rights to the public.
(2) Collective administration is the representa tion of a larger number of persons who are
entitled to hold
a)  economic right of the author or ec onomic right related to copyright,
b)  statutory authorisation to exercise econo mic rights to a work (Article 58), or
c)  contractual exclusive authorisation to exercise a collectively administered right for the
whole duration of economic rights and, at le ast on the territory of the Czech Republic,
combined with the right to extend a sub-licence
(henceforth referred to  as ”right holders”) for their joint benefit, and that during the exercise
of their economic rights to works made public  or offerred to be made public, to artistic
performances, sound and audiovisual recordings (henceforth referred to as  ”items of
protection”), unless any other than collective execution of these rights is not permitted(Article 96) or is pointless; item of protection offerred to be made public shall mean suchprotected item which has been notified in writing by the right holder to the relevant collectiveadministrator for the purpose of including such item into the register of items of protection.IP/N/1/CZE/C/4
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(3) The facilitation of the signing of a licence or other agreement is not an exercise of
collective administration. The exercise of colle ctive administration is also not occasional or
short-term agency of other than rights subject to mandatory collective administration.
Article 96
Rights subject to mandatory collective administration
(1)  Rights subject to mandatory collective administration are the following
a)  the right to remuneration for
1.  the use of an artistic performance fi xed on a phonogram published for commercial
purposes by  broadcasting or by rebroa dcasting and by retransmission of the
broadcast (Article 72 paragraph (1)),
2.  the use of a phonogram published  for comme rcial purposes by  broadcasting or by
rebroadcasting and by retransmission of th e  broadcast (Article 76 paragraph (3)),
3.  the making of a reproduction for personal use on the basis of a sound or
audiovisual fixation  by the transfer of its  content by means of a technical device to
an empty carrier of such fixation (Artic le 25 paragraph (1) a) and b), Article 28
paragraph (2), Article 71 paragraph (3), Article 76 paragraph (4), and Article 80
paragraph (3)),
4.  the making of a reproduction for personal use on the basis of a graphic expression
by its transfer by means of a technical  device for making printed reproductions to
another material support, and that also through the facilitation of a third party
(Article 25 paragraph (1) c), Artic le 28 paragraph (2), Article 87),
5.  resale of the original of a work of art (Article 24),
b)  the right to  the appropriate remuneration for the rental of the original or a copy of the
work, or of a performance by a performer fixed in an audio or audiovisual fixation,
c)  the right to use by cable retransmission of works, the live performances and performances
fixed on phonogram, with the exception of such performances whose phonogram has beenpublished for commercial purposes [clause a) ite m1] and, further, the right to the use by
cable retransmission of audiovisual fixations   and phonograms other than those published
for commercial purposes [clause a) item 2].
(2) The rightholders shall thus be represente d in the exercise of their rights pursuant to
paragraph (1), and also in their claims for entitlement to the submission of any unjustenrichment from the unauthorized exercise of such collectively administered right, by therelevant statutory collective administrator.
(3) During the distribution and payment of remuneration or proceeds from the
disbursed unjust enrichment which he had collected during the execution of mandatory
collective administration the relevant collective administrator shall take into considerationonly such holders of rights whose rights to the same protected items or, as the case may be, tothe same types of works are administered by him collectively on a contractual basis, or whohave registered with him for such purpose.IP/N/1/CZE/C/4
Page 42
(4) If an authorisation to a cable retransmission according to special legal provisions5)
arises for a certain person, that person shall be obliged to notify the relevant collective
administrator of such fact not later than 15 days from the day of the origination of suchauthorisation._____________________
5) Law No. 468/1991 Coll., on the operation of radio and television broadcasting, as amended.
Article 97
Collective administrator
(1) Collective administrator shall mean the entity which has acquired the authorisation
to execute collective administration.
(2) A collective administrator may only be a legal entity resident in the Czech
Republic and associating, directly or indir ectly, rightholders whom he represents by
collective administration.
(3) Collective administration shall be execu ted consistently, under its own name and
liability. Collective administration is not a business enterprise.
(4) Collective administration shall be executed by the collective administrator as the
main subject of his activity.
(5) The collective administrator may authorise another person with the exercise of the
rights collectively administered by him only in the case of
a)  a foreign person, who, pursuant to the law of a nother state, executes on the territory of that
state collective administration of the same rights, and in the case of a work, also of thesame type of work, if the matter at issue is the execution of collective administration insuch state,
b)  a local collective administrator who is also authorised to execute collective administration,
if the objective is efficient execution of collective administration.
(6) To be effective, the agreement pursuant to paragraph (5) must be in writing.(7) The person authorised pursuant to para graph (5) shall act during the representation
under his own name and on the account of the collective administrator who had given the
authorisation; this shall not prejudice the duty of such collective administrator to transfer theacquired proceeds to the represented rightholders.
(8) Neither agreements on the association of rightholders in the person of the
collective administrator, nor agreements pursuant to paragraph (5) shall be deemedagreements infringing economic competition according to special regulations.IP/N/1/CZE/C/4
Page 43
Article 98
Authorisation to execute collective administration
(1) The decision on the granting of authorisation to execute collective administration
(henceforth referred to  as ”authorisation”) shall be made by the Ministry of Culture
(henceforth ”Ministry”) on the basis of a written application.
(2)  The application must contain
a)  the name, seat, identification number, if allo tted, and the designation of the statutory body
of the applicant, the name, surname and resi dence of the person who is the statutory body,
or of the persons who are its members, a nd the manner of acting for the applicant,
b)  the delimitation of the rights which are to be administered collectively,
c)  the delimitation of the subjects of rights referred to in b), and in the case of works, also the
definition of their type.
(3) The applicant shall attach to the application pursuant to paragraph (2) the
following
a)  documentation of the facts required pursuant to paragraph (2) a) and to Article 97
paragraph (2),
b)  specimen draft contract with right holders for representation in the execution of collective
administration,
c)  draft accounting schedule contai ning the method of division a nd rules for the disbursement
of collected remuneration, and excluding w ilful process during its  division, and having
regard to the application of the principle of support of culturally significant works and
performances,
d)  list of names of right holders who have expressed interest in the collective administration
of their rights by the applicant, including their addresses and nati onality and the signatures
of such right holders,
e)  estimate of the anticipated proceeds from the collectively administered rights and of the
costs of execution of collective administration.
(4) The participant in the proceedings for the extension of authorisation shall be the
person applying for the authorisation.
(5) The application for the extension of aut horisation shall be decided by the Ministry
within 90 days of the submission of the applic ation. During the proceedings on the extension
of authorisation the Ministry shall take into account, especially, indicati ons of the applicant’s
competency in orderly and effective execution of collective administration.
(6) The Ministry shall grant the authorisation to the applicant
a)  whose application for the granting of the au thorisation meets the requirements stipulated
in paragraph (2),
b)  who has applied for authorisation to represent in the exercise of such rights where
collective execution is effective,IP/N/1/CZE/C/4
Page 44
c)  where no other person has already acquired th e authorisation for the same subject of
rights, and in the case of works for the same type of works, or
d)  who has the prerequisites for ensuring the orderly execution of collective administration.
(7) The decision by which the authorisa tion has been granted, with the attached
information on the date of its coming into force, shall be published by the Ministry in theCommercial  Bulletin without de lay, not later however than 30 days from its coming into
force.
(8) Unless stipulated otherwise by this Act, the decision on the granting of the
authorisation shall be governed by general administrative proceedings regulations
6).
_________
6) Law No. 71/1967 Coll., on the Administrative Proceedings, as amended (Administrative
Regulations Code).
Article 99
Withdrawal of authorisation
(1)  The Ministry shall revoke the authorisation
a)  if it learns at a later point that at the time of the granting of the authorisation the applicant
had not met the requirements for the granting of  the authorisation, or that these were not
met after the granting of the authorsation, and if there has been no remedy of such
shortcoming during a reasonable term extended by the Ministry, or where remedy has not
been possible,
 
b)  at the request of the collective administrator.
(2) The Ministry may revoke the authorisation if the collective administrator infringes
on his duty as stipulated by this Act and fails to remedy this fact within a reasonable termextended for this purpose by the Ministry.
(3) The collective administrator whose authorisation is to be revoked by
administrative proceedings shall be a participant in the proceedings.
(4) The authorisation revoked pursuant to pa ragraph (1) a) shall terminate on the day
on which the decision comes into force, unless the decision stipulates a later date; the periodbetween the day on which the decision comes into force and the date of the termination
stipulated in the decision may not be longer  than six months. The authorisation revoked
pursuant to paragraph (1) b) shall terminate on the last day of the calendar year in which thesix months from the date of the delivery of such application to the Ministry expire.
(5) The provision of Article 98 paragraphs  (7) and (8) shall apply analogously.IP/N/1/CZE/C/4
Page 45
Article 100
Relation of the collective administrator to the represented rightholders and
to the users of items of protection
(1) The collective administrator shall be obliged to apply the principle of due
diligence and to expertly and within the scope of the granted authorisation
a)  represent each right holder in the exercise of his rights which the collective administrator
administers collectively on the basis of the law,
b)  assume on habitual terms the re presentation of any right holder in the exercise of his rights
if the latter requests him to do so and proves that the item of protection has been used in
the relevant manner,  and if that rightholder is not represented in the exercise of the same
right relating to the same item of  protection, and in the case of works in the exercise of the
same right to the same type of work, by  a foreign person pursuant to the provision of
Article 97 paragraph (5) a),
c)  represent each rightholder in the exercise of his rights within the scope agreed with him,
d)  represent rightholders on equal terms,
e)  keep a register of contractually represente d right holders; the register may contain only
such data as are necessary for the execution of collective administration,
f)  keep a register of the items of protection for which the rights are being collectively
administered, if such items are known to the collective administrator; the register may
contain only such data as are necessary for the execution of collective administration,
g)  inform whoever requests such information whet her he represents the holder of rights to a
certain item of protection in the exercise of a certain right, and to issue a written certificateof such fact at the request and cost of the applicant,
h)  to conclude, on reasonable and equal terms, w ith the users of items of protection, or with
bodies authorised to protect the interests of users associated in such bodies who use the
items of protection in the same or similar manner, or with persons obliged to payremuneration in compliance with this Act, agreements by which :
1.  the user is granted authorisation to exercise the right to use the item of protection
for which the collective administrator administers such right collectively,
2.  the amount and manner of payment of rem uneration is set for the user pursuant to
Article 96 paragraph (1) a)  items 1 and 2, and clause  b) and its disbursement
monitored,
3.  the manner of payment of remuneration by the user, provided for by this Act, is
determined,
i)  present  under his own name and on the account of the represented rightholders claims for
the surrender of unjust enrichment from the unauthorised exercise of a collectivelyadministered right, and claims for abstention from the unauthorised exercise of acollectively administered right, unless the rightholder, if authorised to do so, presents suchclaims himself, or unless su ch procedure is wasteful,
j)  collect on behalf of the rightholders, in compliance with the law and with the agreements
pursuant to h), remuneration and eventual  revenue from the surrender of unjust
enrichment, to divide it and disburse it in compliance with the accounting schedule,
k)  keep a register of collected remuneration and revenue from surrendered unjust enrichment
and to allow the rightholder control of th e correctness of the amount of remuneration or
eventual revenue from the surrender of  unjust enrichment paid out to him,IP/N/1/CZE/C/4
Page 46
l)  create a reserve fund from the collected rem uneration and eventual revenue from unjust
enrichment,
m)  perform double-entry accounting, have annua l closing accounts audited, and submit the
closing accounts together with the auditor’s  report to the Ministry, without undue delay,
after its verification and approval by the managing body of the collective administrator,
n)  draft, as of 30th June of each year, an annual report on the activities and economic
management (henceforth ”annual report”) in the preceding calendar year, comprising also
the annual profit and loss acc ount and auditor’s report; the annual report shall contain a
full and fair description of all decisive facts and shall be made available to the represented
right holders,
o)  publish, without undue delay, the annual closin g accounts including the auditor’s report in
the Commercial Bulletin,
p)  inform the Ministry of all changes in the data presented in the application for the extension
of authorisation pursuant to Article 98 paragraph (2) a) including changes of the person
who is the statutory body of the collective ad ministrator or member of such body, and to
document such changes, and that without dela y, not later however than 15 days from such
change,
r) provide the Ministry with a copy of:
1.  changes of documents attached to the application for the granting of authorisation
pursuant to Article 98 paragr aph 3 a) to c) within 15 days from any such change,
2.  the collective agreement concluded by the collective administrator, within 15 days
from the date on which the Ministry requested it,
3.  the agreement pursuant to Article 97 paragraph (5), concluded by the collective
administrator, within 15 days from the da te on on which the Ministry requested it,
4.  the verdict of the court or other relevant body, if the collective administrator is a
participant in the proceedings, within 15 days from the date on which the Ministryrequested it,
s) publish in a suitable manner the remuneration tariff rates,
t) inform the Ministry on verdicts by courts or other relevant bodies in proceedings in which
the collective administrator is a participant, and which have a fundamental impact on hisactivity.
(2) The obligations pursuant to paragraph (1) a) and b) shall apply only to right
holders who are citizens of the Czech Republic, or  who are resident, or have their domicile in
the Czech Republic.
(3) The collective administrator shall repr esent the rightholder on the latter’s account
and under the collective administrator’s name . The collective administrator shall execute
collective administration on a non-profit basis. The collective administrator shall however be
entitled to claim compensation of effectively expended costs.
(4) Users of items of protection as well as  persons liable to pay special remuneration
shall be obliged to allow the collective administrator to perform the orderly execution ofcollective administration and may not, without serious reason, refuse the provision to the
collective administrator of the informati on needed for that purpose. The collective
administrator may not use the information acquired during control activity for any otherpurpose than the execution of collective adminis tration. The collective administrator shall be
authorised to monitor the orderly and timely fulfilment of agreements concluded by him inIP/N/1/CZE/C/4
Page 47
the execution of collective administration; users of items of protection as well as persons
liable to pay special remuneration, or other par ties to such agreements, shall be obliged to
allow the collective administrator the execution of such activity.
(5) Producer of a non-theatrical performance of  a musical work with or without text or
of an artistic performance  (henceforth ”public musical performance”) shall mean the owneror tenant of the facility or other space if he has provided such facility or other space for the
performance without informing the relevant collec tive administrator of the data necessary for
the identification of the producer of the said musical performance.
(6)
 The producer of a live public musical pe rformance shall be obliged to always
inform the relevant collective administrator of the programme of the performance, listing thenames of the authors and titles of  works that are to be produced, and that not later than 10
days before the event. Where such notifica tion is not made by the producer, it shall be
deemed that the performance contains only works of authors whose rights to the liveperformance of musical works are being administered by the collective administrator.
Article 101
Collective and cumulative agreements
(1) The collective administrator shall provide by means of the agreements pursuant to
Article 100 paragraph (1) h) 1 aut horisation to exercise the right to use the items of protection
defined either individually or cumulatively - i.e.  including all items of protection for which he
collectively administers such right. Where the collective administrator grants theauthorisation to exercise rights to items of protection defined cumulatively (the term used forthe purposes of this Act is ”cumulative agreement”), and where user data on the use ofconcrete items of protection are needed for the distribution of coll ected remuneration, the
collective administrator shall be entitled to require such data from the user. The cumulativeagreement must be set out in writing. The provision of the preceding sentence shall applyappropriately also to agreements pursuant to Article 100 paragraph (1) clause h) items 2 and
3.
(2) The collective administrator may not impose restrictions on the users of the items
of protection that exceed the framework of protection provided for by this Act.
(3) The collective administrator shall be free of the obligation pursuant to Article 100
paragraph (1) h) if the conclusion of the ag reement would be in contravention of the
legitimate common interest s of the rightholders, or if th e proposed agreement is intended to
grant authorisation relating to an individually defined item of protecti on, or if the conclusion
of the agreement would be in contravention of the legitimate interests of the rightholders  tosuch item of protection.
(4) The collective adiministrator shall be also free of the obligation to conclude,
pursuant to Article 100 paragraph (1) h), an ag reement with a legal entity associating users
(the term used for the purposes of this Act is ”collective agreement”) in the event when it isnot possible to fairly require of him the conclu sion of such an agreement due to the negligible
number of users associated by such entity.IP/N/1/CZE/C/4
Page 48
(5) The collective agreement shall be set out in writing and the rights and obligations
of the associated users towards the collective administrator shall be derived directly from theagreement; this shall not prejudice the provision that the collective administrator shall act onthe account of the right holders.
(6) The collective administrator shall be entitled to prohibit temporarily a user who is
in arrears on the payment of remuneration to him, and who does not pay such remuneration
even within an additional thirty-day term extended for this purpose by the collectiveadministrator for the period during which the user is in arrears, the use of the items ofprotection to which the user would otherwise be entitled on the basis of the agreementconcluded with collective administrator.
(7) The collective administrator shall also be authorised to issue the prohibition
pursuant to Article 72 paragraph (4) and Ar ticle 76 paragraph (4); he may apply this
authorisation both in relation to individual or  all artistic performances and phonograms rights
to which he administers collectively.
(8) The collective administrator shall be authorised to provide authorisation to the user
to exercise the right to use the item of prot ection only as a non-exclusive and non-transferable
right.
(9) Where, on the basis of a cumulative agreement pursuant to paragraph (1), the
relevant collective administrator grants a licence
a)  for the performing of  artistic performan ces from a phonogram published for commercial
purposes, or for the performing of such phonogram
b)  for the non-theatrical performance of musi cal works with or without text from a
phonogram published for commercial purposes,
c)  for the  broadcasting of a certain type of works,
d)  for the performing of the  broadcasting of a certain type of works, artistic performances,
phonograms  and  audiovisual fixations,
it shall be deemed that such licence has been granted not only to apply to the relevant items
of protection, and in the case of works to the relevant types of works of rightholders
represented on the basis of the agreement, but also to all others, who thus consider
themselves represented on the basis of the law.  This shall not apply to audiovisual works or
to works used audiovisually, in the case of a licence pursuant to clause c), or to any suchrightholder not represented on the basis of the agreement, who, in relation to the user and to
the relevant collective administrator, has excluded the effect of the cumulative agreement fora specific case or for all cases; he may not how ever exclude the effect of the cumulative
agreement in the case of a licence pursuant to clause d).
(10) During the disbursement and payment of remuneration which he has collected on
the basis of the cumulative agreement pursu ant to paragraph (9) for rightholders not
represented on the basis of the agreement, the relevant collective administrator of rights shalltake into account those rightholders who have  applied for registration with the collective
administrator for such purpose.IP/N/1/CZE/C/4
Page 49
Article 102
Mediators of collective and cumulative agreements
(1) To provide assistance with the nego tiation of collective agreements, or of
cumulative agreements (Article 100 paragraph (1) h), as the case may be, the parties to the
agreement may use one or more mediators appoi nted for this purpose by the Ministry from
the ranks of independent experts. For the purposes  of this Act, the appointee must be of age
and sound in body and mind, and w illing to perform this activity.  The list of mediators shall
be available to the public and be in the keep ing of the Ministry taking into account the
nominations made by collective administrator s and users, or by their associations.
(2) Where the parties to the agreement do not agree on a mediator within 30 days
from the submission of the proposal by any of th e parties to negotiate a mediated collective
agreement pursuant to paragraph (1), the mediator shall be designated by the Ministry within14 days from the submission of the application.
(3) The application for the negotiation  shall be submitted in written form to the
mediator by any of the parties to the agreement. In the application the party shall indicate thecurrent state of the negotiations and attach its  own proposal and the statement of the other
party to the agreement. The parties to the agreement shall be obliged to coordinate their stepsduring the negotiation.
(4) The mediators shall be obliged to assist the parties to the agreement during the
negotiation as well as to submit, if necessary , to the parties their own proposals within 30
days from the submission of the application.
(5) Unless any of the parties submit, within 30 days from the submission of the
proposal of the mediator pursuant to paragra ph (1), an objection to the proposal, it shall be
deemed that the proposal has been accepted by the parties.
(6) The mediator shall be entitled to a contractual fee agreed by the parties to the
agreement, and to compensation of unavoidabl e incurred costs. Unless the parties to the
agreement agree on the fee for his activity in the negotiation of the collective or cumulativeagreement, the fee of the mediator shall be  double the amount of the minimum wage applying
to employees paid on a monthly basis. 
7) The fee of the mediator and the cost incurred by him
in connection with this activity shall be borne in equal proportion by the parties to theagreement.
Article 103
Supervision by the Ministry
(1) The Ministry shall be entitled to
a)  require from the collective administrator in formation and the submission of documentation
necessary for the execution of supervision,
b)  investigate whether any breach of duties impos ed by this Part of the Act has occurred,IP/N/1/CZE/C/4
Page 50
c)  impose, in the event of establishing defects in the compliance with this Part of the Act, the
duty to remedy such defect, and to extend a reasonable term for the implementation of
such remedy.
(2) Where the Ministry finds out on the part of the collective administrator a breach of
duty ensuing from this Part of the Act, it may impose a fine on the collective administrator upto the amount of CZK 50 000. The fine may be imposed repeatedly. The fine may be imposed
not later than one year from th e date on which the Ministry finds out that a breach of duty has
occurred, not later however than three years from the day on which the duty has beenbreached. When stipulating the amount of the fine , the Ministry shall take into account the
severity of the breach of duty and its conseque nces. The fines shall become a revenue of the
State Fund of Culture of the Czech Republic; the Ministry shall enforce them pursuant to
special legal regulations 
8).
Article 104
Rules for the distribution of remuneration collected by the collective administrator
(1) Of the remuneration collect ed pursuant to Article 25 pa ragraph (3) a) and c) the
following is due
a) in the case of technical devices for the fixation of sound recordings and in the case of
empty carriers of sound recordings, 50 % to the authors, and equal proportions from 50%
to the performing artists and producers of sound recordings,
b) in the case of technical devices for the fixa tion of audio-visual recordings, and in the case
of empty carriers of such recordings, 60 % to the authors (of this amount 15 % to the
authors of literary, dramatical and dramatico-musical works, 14 % to directors, 11 % tocamera operators, 11 % to authors of musical wo rks with or without text, 9% to architects,
scenographers and designers of audio-visual  works) and 40% to performing artists and
producers of audio-visual recordings of work s (of this amount 25 % to producers of audio-
visual recordings of works, and 15 % to pe rforming artists and aut hors of choreographic
and pantomimic works).
___________
7)  Art. 2 paragraph 1 b) of Govt. Decree No. 303/1995 Coll., on the minimum wage, as amended.
8)  Law No. 337/19992 Coll., on the administration of taxes and duty, as amended.
(2) Of the remuneration collected pursua nt to Article 25 paragraph (3) b) and
paragraph (4), 60 % shall be due to the aut hors (of this amount 45 % to authors of literary
works including scientific and cartographic work s, and 15 % to authors of graphic and plastic
art), and 40 % to the publishers of published works.IP/N/1/CZE/C/4
Page 51
Title V
Concurrent protection
Article 105
Copyright shall not be prejudiced by rights relating to copyright or by the right of the
maker of a database to the database made by him. Protection of works in accordance withcopyright shall not exclude the protecti on stipulated by special legislation.
Title VI
Transitional and final provisions
Article 106
Transitional provisions
(1) This Act shall govern legal relations established as of the date on which this Act
comes into force. Legal relations in effect hitherto, and the rights and obligations arising fromsuch legal relations, as well as the rights arising from liability for breach of contractsconcluded before the date on which this Ac t comes into effect, shall be governed by
provisions in effect before that date.
(2) Provisions in effect before the date on which this Act comes into effect shall be
applied in the judgement of a ll terms which have started runni ng before the date on which
this Act came into effect, as well as of terms for the application of rights which, pursuant toparagraph (1), shall be governed by provisions in force hitherto, even where such terms start
running after the date of the coming into force of this Act.
(3) The period of duration of economic righ ts shall be governed by this Act also
where the term started before this Act came into effect. Where the term of duration of theserights has expired before the date on which this Act comes into effect, the term shall berenewed as from the date on which this Act comes into effect for the remaining period.Reproductions of items of  protection for which the term of  duration of economic rights is
being renewed, lawfully acquired before the date of the coming into effect of this Act, mayhowever continue to be freely disseminated for a further two years after this Act comes intoeffect.
(4) In accordance with this Act, protection shall be extended also to items protected
by copyright which have not been hitherto protected according to existing provisions (Article1 b) items 3, 5 and 6 and Article 2 paragraph (2)), or whose content of protection is different
than that defined by this Act. The National Film Archive 
9)  shall be deemed to be the
producer of any Czech audio-visual recording of a work made public in the period between
January 1, 1950 and December 31, 1964. The State Fund of the Czech Republic for thePromotion  and Development of  Czech Cinematography which, in compliance with special
legal provisions 
10) exercises the copyright to audio-visual  recordings of audio-visual works
made public in the period between January  1, 1965 and December 31, 1991, shall be deemed
to be the producer of such works.IP/N/1/CZE/C/4
Page 52
(5) The provision of paragraph (40 shall not  prejudice the right of the National Film
Archive to manage the original carrier of  the recording of an audio-visual work.
(6) The provision of paragraph (4) first clau se shall be applied appropriately where
the works are databases pursuant to the provisi ons of Article 88, but only if they had been
made not earlier than 15 years before the coming into effect of this Act.
(7) Authorisation to execute collective administration, grante d in compliance with
legal provsions in effect hitherto, shall be considered authorisation to execute collectiveadministration of rights in accordance with this Act. The content and scope of suchauthorisation shall be brought into compliance with this Act by the Ministry which will issue,within 90 days from the date on which this Act comes into effect, new authorisations to therelevant persons.
(8) Administrative proceedings started before the coming into effect of this Act shall
be brought to conclusion in compliance with this Act._______
9) Article 6 of Law No.273/1993 Coll., on certain terms of production, dissemination and archiving of audio-visual works,
on the amendment and supplementation of certain laws and other legal provisions, as amended by law No.40/1995 Coll.
10) Law No. 241/1992 Coll.,  as amended by law No.273/1993 Coll.
      Article 14 of Law No. 273/1993 Coll.
Article 107
Final provisions
(1) The provisions of this Act shall apply to the  works  of authors and artistic
performances of performers who are citizens of  the Czech Republic, irrespective of the place
where  have been created or made public.
(2) The provisions of this Act shall apply to the works and performances of foreign
nationals and people without na tionality in accordance with th e international treaties binding
on the Czech Republic or, in the absence of such treaty, where reciprocity is assured.
(3) If none of the conditions stipulated by paragraph (2) are satisfied,  this Act shall
apply to works of authors and performances of performers who are not Czech nationals if
their works and performances were first made pub lic in the Czech Republic or if the author or
performer resides in the Czech  Republic.
(4) Copyright in the works of foreign nationals shall not subsist for longer than
copyright in the country of origin of the work. 11)
(5) The provisions of this Act shall a pply to the phonograms of the producers of
phonograms domiciled or resident on the  terr itory of the Czech Republic; to the phonograms
of the foreign producers of phonograms they shall apply by the appropriate application of the
provisions of paragraphs (2) and (3).IP/N/1/CZE/C/4
Page 53
(6) The provision of paragraph (5) shall a pply analogously to audiovisual fixations,
radio and television broadcasting, works in the public domain published pursuant to Article
28 paragraph (2), works published by a publisher pursuant to the provisions of Article 87, and
databases pursuant to th e provision of Article 88.
_____
11) Article 5 para 4 of the Berne Convention for the Protection of Literary and Artistic Works of September 8, 1886,
completed at Paris on May 4,1896, revised in Berlin on November 13, 1908, completed at Berne on March 20, 1914,
revised at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24,
1971 (Ministry of Foreign Affairs Regulation No. 133/1980 Coll.)
PART TWO
Amendment of the Prop erty Evaluation Act
Article 108
Law No. 151/1997 Coll., on the evaluation of property and on the amendment of
certain laws (Property Evaluation Ac t), shall be amended as follows:
1.  In the title of Article 17, to the word ”finding s” shall be added a comma and the words ”of
certain economic rights related to copyrigh t and the rights of maker of database”.
 
2.  In Article 17 paragraph (1) the word ”(know-h ow)” shall be followed by a comma and the
following words, including footnote 17a), sha ll be added: ”economic rights which are the
content of rights related to copyright, with the exception of rights of performing artists andthe economic rights of  maker of database 
17a) ”.
_____
17a) Law No. 121/2000 Coll.,  on Copyright, rights related to copyright and on the amendment of certain laws (Copyright
Act).
3.  In Article 17 paragraph (3) a) after the word s ”clause b)” shall be added ”c) and d),”.
4.  In Article 17 paragraph (3) the full stop at the end shall be substituted by a comma and
new clauses c) and d) added:
”c) shall be in the case of the relevant rights related to copyright such a number of
years as remain until the end of the fifty year duration of such rights in the case when it shallnot be possible to ascertain the number of years pursuant to a), and
d) shall be in the case of the maker of a database such a number of years as remain
until the end of the fifteen year durationof such rights in the case when it shall not be possible
to ascertain the number of years pursuant to a).”.
5.  To Article 17 sha ll added the following paragraph (5):
”(5) Economic rights of authors and  the economic rights of performers, as
untransferable rights, are not evaluated.”IP/N/1/CZE/C/4
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PART THREE
Amendment of the Penal Code
Article 109
Law No. 140/1961 Coll., the Penal Code, as  amended by law No. 120/1962 Coll., law
No. 53/1963 Coll., law No. 56/1965 Coll., la w No. 81/1966 Coll., law No. 148/1969 Coll.,
law No. 45/1973 Coll., law No. 43/1980 Coll ., law No. 159/1989 Coll., law No. 47/1990
Coll., law No. 175/1990 Coll., law No. 457/ 1990 Coll., law No. 545/1990 Coll., law No.
490/1991 Coll., law No. 557/1991 Coll., Constituti onal Court Verdict of September 4,1992
published in volume No. 93/1992 Coll., law No. 290/1993 Coll., law No. 38/1994 Coll.,Constitutional Court Verdict No. 91/1994, la w No. 152/1995 Coll., law No. 19/1997 Coll.,
Constitutional Court Verdict No. 103/1997 Co ll., law No. 253/1997 Coll., law No. 92/1998
Coll., law No. 112/1998 Coll., law No. 148/1998 Coll., law No. 167/1998 Coll., and law No.
96/1999 Coll., law No. 191/1999 Coll., and law No. 223/1999 Coll., shall be amended as
follows:
1.  In the title of the subsection four of Part Two, Title Two, the word ”rights” shall be
followed by a comma and the words ”and against rights related to copyright and againstrights to a database” added.
2.  In the title of Article 152 the word ”rights” shall be followed by a comma and the words
”and against rights related to copyright and rights to a database”.
 
3.  Article 152 paragraph (1) shall read:
”(1) Whoever without authorisation infri nges the rights to a work protected by
copyright, artistic performance, sound or audio-vi sual recording, radio or television broadcast
or database shall be punished by imprisonment for a period of a maximum of two years, or by
a financial penalty, or by  forfeiture of the object.”
PART FOUR
Amendment of the Offences Act
Article 110
Law No. 200/1990 Coll., on offences, as amended by law No. 337/1992 Coll., law
No. 344/1992 Coll., law No. 359/1992 Coll., la w No. 67/1993 Coll., law No. 290/1993 Coll.,
law No. 134/1994 Coll., law No. 82/1995 Coll ., law No. 237/1995 Coll., law No. 279/1995
Coll., law No. 289/1995 Coll., law No. 112/1998 Coll., and law No. 168/1999 Coll,. shall be
amended as follows:
1.  Article 32 paragraph (1) a) shall read:
”a) uses without authorisation a work protecte d by copyright, an artistic performance, sound
or audio-visual recording, radio or  television broadc ast or database”.IP/N/1/CZE/C/4
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2.  Article 32 paragraph (2) shall read:
”(2) An offence pursuant to paragraph (1) a) may be punished by a financial penalty
of up to 15,000 crowns. An offence pursuant to pa ragraph (1) b) and c) may be punished by a
financial penalty of up to 5,000 crowns”.
PART FIVE
Amendment of the Trade Act
Article 111
Article 3 paragraph (1) of law No. 455/1991 Co ll., on trade enterprise (Trade Act), as
amended by law No. 286/1995 Coll., clauses b) a nd c), including footnotes 2 and 2a), shall
read:”b) utilisation of the results of intellectual creative activity, protected by special laws, by theiroriginators or authors 
2) ,
c)  execution of collective administration of copyright and rights related to copyright
according to a special regulation, 2a)”.
_______
2)  Law No. 527/1990 Coll., on inventions, industrial designs and innovations, as amended by law No. 519/1991 Coll.
Law No. ... Coll., on copyright, rights related to copyright and on amendments to certain laws (Copyright Act).
Law No. 529/1991 Coll., on the protection of the lay-out designs (topographies) of semiconductor integrated circuits.
Law No. 478/1992 Coll., on utility models.2a) Law No. .... Coll., on copyright, on rights related to copyright and on the amendment of certain laws (Copyright Act).”.
PART SIX
Amendment of the Income Tax Act
Article 112
In Article 4 paragraph (1) of law No. 586/1992 Coll., on income tax, as amended by
law No. 96/1993 Coll., law No. 157/1993 Coll ., law No. 323/1993 Coll., law No. 259/1994
Coll., law No. 118/1995 coll., law No. 149/ 1995 Coll., law No. 316/1996 Coll., law No.
209/1997 Coll., law No. 210/1997 Coll., law No. 111/1998 Coll., law No. 149/1998 Coll.,
law No. 168/1998 Coll., law No. 333/1998 Co ll., law No. 63/1999 Coll., law no. 144/1999
Coll., the full stop after the clause zd) shall be substituted by a comma and the clause ze)shall be added which, including the footnote 64a), shall read:
”ze) income in the form of a free copy pursuant to special legislation 
64a) and in the form of an
author’s reproduction, in habitual amounts, receiv ed in connection with the utilisation of the
object of copyright or of rights related to copyright.___________
64a) Law No. 37/1995 Coll., on non-periodical publications.
Law No.53/1959 Coll., on the unified system of libraries.
Law No. ... Coll., on copyright, on rights related to copyright, and on the amendment of certain laws (Copyright Act).
Ministry of Education and Culture Regulation No. 140/1964 Coll., on free mandatory and working copies, as amended by
law No. 106/1991 Coll., on non-periodical publications.”.IP/N/1/CZE/C/4
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PART SEVEN
Amendment of the law on certain conditions of the production, dissemination and
archiving of audio-visual works
Article 113
Article 1 paragraph (2) of law No. 273/ 1993 Coll., on certain conditions of the
production, dissemination and arch iving of audio-visual works, on the amendment and
supplementation of certain laws and several other regulations, clause a) shall read:
”a) the producer of the audiovisual work is the person who has initiated and who is
responsible for the first provisi on of the audiovisual work,”.
PART EIGHT
Amendment of the law on collective administration of copyright and of rights related to
copyright
Article 114
Part I of the law No. 237/1995 Coll., on the co llective administration of copyright and
of rights related to copyright and on the am endment and supplementation of certain laws, is
repealed.
PART NINE
Amendment of the law on provisions applying  to the import, export, and re-export of
goods infringing certain intellectual property rights
Article 115
Part Two of law No. 191/1999 Coll., on provisions  applying to the import, export, and
re-export of goods infringing certain intellect ual property rights, and on the amendment of
certain other laws, is repealed.
PART TEN
Amendment of the Radio and Television Broadcasting Act
Article 116
Article 26 of law No. 468/1991 Coll., on operating radio a nd television broadcasting,
is repealed.IP/N/1/CZE/C/4
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PART ELEVEN
REPEAL PROVISIONS
Article 117
The following are repealed:
1.  Law No. 35/1965 Coll., on literary , scientific and artistic  works (Copyright Act)
2.  Law No. 89/1990 Coll., amending and supplementing law No.35/1965 Coll., on
literary, scientific and artistic works (Copyright Act)
3.  Law No. 86/1996 Coll., amending and supplementing law No.35/1965 Coll., on
literary, scientific and artistic works (Copyright Act), as amended by lawNo.89/1990 Coll., law No.468/1991 Coll ., law No.318/1993 Coll., and law
No.237/1995 Coll.
PART TWELVE
Effect
Article 118
This Act shall come into effect on 1
st December 2000.IP/N/1/CZE/C/4
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Annex to law No. 121/2000 Coll.
Tariffs of remuneration for the re-sale of an or iginal of an artistic work or and tariffs
relating to the reproduction of  the work for personal use
1. Persons referred to in Article 24 paragraph (2) shall be obliged to pay the relevant
collective administrator who had been granted authorisation to execute collectiveadministration within a scope that includes the collection of remuneration from suchpersons, on the resale of an original of an  artistic work on the territory of the Czech
Republic, a remuneration in the amount of :
a)  5% of a sales price over CZK     30 000  to CZK   150 000
b)  4% of a sales price over CZK    150 000 to CZK 1 500 000
c)  3% of a sales price over CZK 1 500 000 to CZK 7 500 000
d)  2% of a sales price over CZK 7 500 000.
2. Persons referred to in Article 25 paragra ph 2 a) or, as the case may be, d) who are
domiciled or permanently resident or, as th e case may be, resident for not less than 183
days in the relevant calendar year, and that continuously or in several periodical stays, on
the territory of the Czech Re public, shall be obliged to pa y remuneration twice annually to
the relevant collective administrator who has been authorised pursuant to this Act toexecute collective administration within a scope that includes the collection ofremuneration from such persons.
Lump sum remuneration due on the import or firs t sale of technical devices designated for
the making of reproductions of  a sound or audio-visual recording shall be 3 % of the sales
price of sold devices, irrespective of whether such devices serve for the recording ofmerely sound, or merely image, or simultaneously sound and ima ge. In the case of radio
and television sets enabling the making of a re cord of a broadcast, the remuneration shall
be 1.5 % of the sales price of sold sets.
3. Persons referred to in Article 25 paragr aph (2) b) who are domiciled or permanently
resident or, as the case may be, resident for at least 183 days in the calendar year, and that
continuously or in several periodical stays, on the territory of the Czech Republic, shall be
obliged to pay remuneration twice annually to the relevant collective administrator whohas been authorised pursuant to this Act to execute collective administration within ascope that includes the collection of  remuneration from such persons:
Lump sum remuneration due on the import or fi rst sale of devices designated for the
making of printed re productions shall be:
devices with an output of 4 to 12 reproductions per minute CZK      650
devices with an output of 13 to 35 reproductions per minute             CZK   1 300
devices with an output of 36 to 70 reproductions per minute      CZK   1 600
devices with an output of more  than 70 reproductions per minute CZK 12 000.IP/N/1/CZE/C/4
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4. Persons referred to in Artic le 25 paragraph 2 e) shall be obliged to pay the appropriate
remuneration pursuant to Article  25 paragraph (4) once a year to the relevant collective
administrator who has been authorised in accordance with this Act to execute collectiveadministration within a scope including the collection of remuneration from such persons.
    Remuneration for one print reproduction shall be:
a)  for a black-and-white reproduction CZK 0,10
b)  for a coloured reproduction CZK 0,20.
5.  Persons referred to in Article  25 paragraph 2 c) who have their seat, or are domiciled, or
permanently resident or, as the case may be, ar e resident for not less than 183 days in the
relevant calendar year, and that continuously or  in several periodical stays, on the territory
of the Czech Republic, shall be obliged to pa y remuneration twice a nnually to the relevant
collective administrator who has been authorised pursuant to this Act to execute collectiveadministration within a scope that includes the collection of remuneration from suchpersons.
     Remuneration for the making of reproducti ons of sound or audio-visual recordings shall
be 4% of the sales price of empty sound a nd audio-visual carrier s designated for the
making of reproductions for personal use.
__________