WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lICZE/C/lIRev.l 
16 January 1997 
(97-0130) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproducesl the complete wording of the Act on Literary, Scientific and 
Artistic Works (the Copyright Act) of25 March 1965, No. 35, as amended by the Act of 14 March 1996, 
No. 86, which the Czech Republic has notified by means of a communication from the Permanent Mission 
of the Czech Republic, dated 6 November 1996. Act No. 8611996 became effective on 22 April 1996. 
The complete wording of the Copyright Act was published on 20 June 1996 under No. 1751l996. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L' ARTICLE 63:2 DE L' ACCORD 
Republique tcheque 
Le present document contient le texte integraP de la Loi n° 35 du 25 mars 1965 sur les oeuvres 
litteraires, scientifiques et artistiques (Loi sur le droit d'auteur) , telle qu'elle a ete modifiee parla Loi n° 86 
du 14 mars 1996, que la Republique tcheque a notifiee par une communication de la Mission permanente 
de la Republique tcheque datee du 6 novembre 1996. La Loi n° 8611996 a pris effet le 22 avril 1996. 
Le texte integral de la Loi sur le droit d' auteur a ete publie le 20 juin 1996 sous le n° 175/1996. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con et Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PAARAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Republica Checa 
En el presente documento se reproducel el texto completo de la Ley de Obras Literarias, Cientificas 
y Artisticas (Ley de Derecho de Autor), de 25 de marzo de 1965, N° 35, modificada por la Ley de 14 de 
marzo de 1996, N° 86, que la Republica Checa ha notificado mediante comunicacion de la Mision Permanente 
de la Republica Checa de fecha 6 de noviembre de 1996. La Ley N° 86/1996 entro en vigor e122 de abril 
de 1996. El texto completo de la Ley de Derecho de Autor se publico el 20 de junio de 1996 con 
el N° 175/1996. 
IEnglish only/anglais seulementiingles solamente. IP/N/lICZE/C/lIRev.1 
Page 2 
THE CHAIRMAN OF THE HOUSE OF REPRESENTATIVES OF THE PARLIAMENT 
enacts 
the complete wording of the Act of March 25, 1965 No. 35 ColI. concerning literary, scientific 
and artistic works (Copyright Act), as modified and amended by the Act of March 28, 1990, 
No. 89 ColI., Act of October 30, 1991, No. 468 ColI., Act of December 8, 1993, No. 318 
ColI., Act of September 27, 1995, No. 237 ColI. and the Act of March 14, 1996, No. 86 ColI. 
ACT 
concerning literary, scientific and artistic works 
(Copyright Act) 
The National Assembly of the Czechoslovak Socialist Republic passed the following Act: 
Article 1 
deleted 
PART ONE 
Copyright 
Article 2 
Work 
(1) The subject matter of copyright shall be literary, scientific and artistic works which are 
result of creative activity of an author, especially literary, theatrica~ musical works and works 
of fine arts, including works of architecture and applied arts, as well as film, photographic and 
caltographic works. Also computer programs shall be considered as subject matter of copyright 
protection provided that they comply with conceptual sings of_works pursuant to this Act; 
should this Act not provide otherwise, they shall be protected as literary works. 
(2) The provisions of the present Act shall not apply to legal regulations and decisions, public 
documents, official folders, daily news or speeches delivered in the course of public events; 
however, the publication of a set of such speeches or their inclusion in a collection requires the 
consent of the person having delivered them. 
Article 3 
Adaptation and Translation of a Work 
(1) The subject matter of copyright shall also be new original works which are the product of 
an individual creative adaptation of another person's work. 
(2) Furthermore copyright also applies to translation of works into other language. IP/N/1/CZE/C/1/Rev.l 
Page 3 
(3) A work may be adapted or translated into another language only with the permission of its 
author. The author's permission is not required for translation into another language in the case 
of works specified in Article 2 para 2. 
Article 4 
Collected Works 
(1 )Copyright also covers collections, periodicals, reVIews, exhibitions and other collected 
works, provided that their arrangement is the result of creative activity; a particular work may 
be included in a collected work only with the permission of its author. 
(2) Copyright to a collected work as a whole shall belong to the person having arranged it; this 
shall not affect the rights of authors of works included in the collected work. 
(3) Copyright to a published collection, cartographic work and a periodical shall be executed by 
the publisher. 
Article 5 
Combined Works 
(1) Works may be combined with the permission of their authors only. All authors shall dispose 
of combined works jointly. 
(2) The right of authors to dispose of combined works in another manner shall not be affected. 
(3) A musical work with a text may be performed with the permission of the author of the 
musical part alone. 
Article 6 
Film Works 
Authors of individual components of a film work or a work expressed in a similar manner and 
the author of a work created newly in such way, who is director for the most part, grant 
their permission to the producer for use of a work by a contract. Copyright to the work thus 
created as a whole shall be executed by the producer. 
Article 7 
Work of Joint Authorship 
Copyright to a work created by the creative activity of several authors as a single work shall 
belong to all co-authors jointly and inseparably. 
Article 8 
Anonymous and Pseudonymous Work 
(1) Identity of an author, whose work was published without the indication of his name or 
under a pseudonym, may not be disclosed without his consent. IP/N/1/CZE/C/1/Rev.l 
Page 4 
(2) As long as the author does not proclaim publicly his identity, the copyright to the work may 
be executed by the person having published the work lawfully for the first time, and should it 
have not been published, by the person having made it public. The author's public proclamation 
is not required ifhis true name is generally known. 
Article 9 
Origin of Copyright to a Work 
(1) Copyright to a work comes into being at the moment such work is expressed in words, in 
writing, by a drawing, a sketch, or in some other perceptible shape. 
(2) Copyright to a work shall apply both to the work as a whole and its individual parts. 
Article 10 
Making Public and Publishing of a Work 
(1) A work is considered to have been made public on the day on which it was publicly 
performed or exhibited, published or otherwise brought lawfully in public for the first time. 
(2) A work is considered to have been published on the day on which public dissemination of 
its copies was initiated lawfully. 
Article 11 
Country of origin of the Work 
(1 )The country of origin of a work shall be considered to be: 
a) in the case of unpublished works the state, the citizen of which the author is; 
b) in the case of published works the state, where the work was published lawfully for the first 
time. 
(2) The work, which was published simultaneously on the territory of the Czech Republic and 
elsewhere, shall be considered as a work published in the Czech Republic; publication within 
the time span of not more than thirty days shall be considered as a simultaneous publication. 
The Contents of Copyright 
Article 12 
(1) The author is entitled: 
a) to the protection of his authorship, in particular to the inviolability of his work, and should 
another person use his work, to having the work used in a manner which does not detract from 
its value; 
b) to dispose ofhis work, in particular to decide about its publication and to authorise its use; c) to remuneration for creative work (Article 13). 
(2) The right to the protection of authorship is not transferable. 
Article 13 IP/N/1/CZE/C/1/Rev.1 
Page 5 
(1) At every use of the work the author shall have the right to remuneration, with the 
exceptions specified in Article 15. 
(2) Authors of works which, due to their nature can be reproduced for one's own personal use 
IArticle 15 para 2 lit. a)/, on the basis of 
a) radio or television broadcasting, or 
b) sound, visual or audiovisual recording made and published by its producer (Article 45) by 
way of its transmission with technical equipment to blank carriers, are entitled to remuneration 
from producers of such carriers or their importers, as the case may be. The right for 
remuneration cannot be assumed in case of blank carriers for export or for operational use of 
legal entities or natural persons. 
(3) Authors of works which, due to their nature can be reproduced for one's own personal use 
IArticle 15 para 2 lit. a)/, on the basis of printed materials 11 or their reproductions by their 
transfer on another material support with help of technical equipment, shall have the right to 
remuneration from producers of such equipment or of its importers. 
(4) The rates of remuneration and compensations pursuant to para 2 and 3, the way of their 
payment, as well as their distribution among individual groups of legitimate persons may be set 
down by the Ministry of Culture with a public notice. 
Use of Work 
Article 14 
(1) A work may be used only upon the author's permission, should it not be permitted directly 
by the law. The author shall grant his permission to use of the work by contract. 
(2) The author's permission following from the law may not be excluded or reduced by 
agreement between the parties. 
(3) A work may be used without the author's permission only in cases specified in Article 15, 
on the basis of a court decision pursuant to Article 17 para 2, or with an official approval 
pursuant to Article 18. 
11 Article 1 of the Act No. 3711995 ColI., on Non-Periodical Publications IP/N/1/CZE/C/lIRev.1 
Page 6 
Article 15 
(1) Copyright is not breached by a person using the topic contained in another person's work 
for the creation of a new original work. 
(2) The author's pennission for the use of a work is not required and remuneration need not be 
paid by the person who 
a) makes a reproduction or imitation of a work made public for his personal use, provided that 
in the case a work of art, he clearly marks it as a reproduction or imitation, and if a 
reprouction or imitation do not involve an architectural work reproduced by construction or an 
other realisation or a computer programme; provision of Article 13 para 2 shall remain 
untouched; 
b) quotes excerpts from a published work and indicates the author and the title of the work; 
c) includes in a scientific or critical work to the extent necessary for explanation of the text, or 
in textbooks or teaching aids to a justified extent, parts of published works, small published 
works in their entirety, reproductions or imitations of works or their parts provided he quotes 
the name of the author and the source; 
d) uses a published work in an independent lecture exclusively for teaching or educational 
purposes, provided he quotes the name of the author as well as the work; 
e) reissues in a periodical articles of topical importance about economic or political matters, 
which have already been published in other periodicals provided he quotes the author and the 
source; however, such a reissue is not admissible if it is prohibited explicitly; 
f) imitates a work of art placed in a public open space in other branch of arts; photographs of a 
work of art thus displayed may be reproduced and distributed also without the author's 
pernnsslOn; 
g) prints a picture of a work of art included in a public collection or exhibition in its catalogue; 
h) exhibits publicly works of art or photographic works, which have already been 
assigned by the author to another person, if such a work is displayed free of charge or if 
it has been lent free of charge for exhibition; 
i) reproduces or has reproduced for his personal use or for free distribution a photographic 
work which is his portrait and which was ordered against remuneration; 
j) makes a reproduction of a sold out edition of the work for documentary of a public library 
and for purposes of scientific research; 
k) reproduces a published work by way of special technology for the needs of blinds. IP/N/1/CZE/C/1/Rev.l 
Page 7 
(3) The author's permission is not required and remuneration for the use of a work need 
not be paid by 
a) an organization in reporting about topical event by photography, fIlm, radio or 
television, if to a reasonable extent also such work is used, which is performed or 
exhibited at such event; 
b) libraries, schools, training facilities, archives, museums and galleries 2', if they lend 
originals of published works or their reproductions made by print or in other way 
profitless, if these are not sound or visual or audiovisual recordings, except for a non­
profit-making of lending of such recordings for the needs of blinds. 
(4) An authorized user of computer program shall not be obliged to ask for the author's 
permission or to pay a special author's fee for reproduction, translation or adaptation of 
such program, if he needs this reproduction, translation or adaptation 
a) for operation of the program on a computer, for which this program has been 
acquired; 
b) for establishment of information necessary for achievement of a functional connection 
of two or more computer programs, if such a reproduction, translation or adaptation is 
made by himself or a person appointed by him, if such information is not normally 
available, and if their acquisition is restricted to parts of the computer program 
necessary for achievement of the above mentioned goal; 
c) for archiving and back-up purposes, or for replacement of a legally acquired 
reproduction, which was lost, destroyed or otherwise depreciated. 
21 Act No 53/1959 Cool., on Unified System of Libraries (Librarian Act), as amended by the Act of the 
Czech National Council No . 425/1990 Coli., on District Authorities, Regulation of their Competence and 
Some Related Measures 
Act No. 17211990 Coli., on Universities, as amended by the Act No. 216/1993 Coli., the Act No. 4611994 
Coli., the Act No. 192/1994 Coli. 
Act No. 232/1992 Coli., on Police Universities and Establishment of the Police Academy, as amended by 
the Act of the Czech National Council No. 2611993 Coli., with which some acts in the sphere of internal 
order and safety and related measures are amended. 
Act No. 29/1984 Coli., on the System of Elementary, Secondary and High Schools (Educational Act), as 
amended 
Act of the Czech National Council No. 97/1974, on Archiving, as amended by the Act of the Czech 
National Council No. 34311992 Coli. 
Act No. 54/1959 Coli., on Museums and Galleries, as amended by the Act of the Czech National Council 
No. 425/1990 Coli., on District Authorities, Regulation of their Competence and Some Related Measures. IP/NIlICZE/CIlIRev.1 
Page 8 
(5) An authorized user of a computer program may not be restricted in his right to 
examine the computer program, study it or test its functioning for the purpose of 
establishment of ideas and principles, on which any element of the program is based, if 
he does so in its normal use. 
(6) H not agreed otherwise, an authorized user of a computer program may without the 
author's approval make amendments, alterations and changes of a computer program or 
its associated documentation, if such interferences aim at repair of an obvious defect, or 
are in compliance with the intended purpose at it operational use by the authorized 
user; the right of the author to maintenance of the shape of the code, in which he made 
the work available for the public, shall remain untouched. 
Article 16 
(1) An independent use of the work, except for its radio or television broadcasting, is also 
every further public dissemination of such broadcasted work by way of any equipment for 
transmission of sounds or images, if such dissemination is carried out by other entity than the 
organization of the original broadcasting. 
(2) As a part of wireless radio or television broadcasting shall be considered the simultaneous, 
complete and unchanged transmission of such wire or other broadcasting, carried out by the 
same organization. Enabling of reception of radio or television broadcasting on receivers of 
inhabitants of the same house or neighbouring houses connected directly with common 
television aerial shall not be considered as special use. 
Article 17 
(1) An employer may use for fulfilment of tasks belonging to the scope of its actIVIty a 
scientific or artistic work created by its employee for fulfilment of his duties resulting from his 
employment without further author's permission. 
(2) An employer, in the scope of activity of which belongs to publish works or to make them 
public in some other way, may publish or make available for the public a work of its employee 
created for fulfilment of his duties resulting from his employment only with the author's 
permission. Should the author refuse such permission without serious reasons, the employer 
may demand such approval with a court. 
(3) An author of a work, which was created for fulfilment of duties resulting from an 
employment with an employer may give his permission for publication of the work or its 
making available for the public in some other way only with the consent of such employer. 
Should the employer refuse such consent without serious reason, the author may demand such 
consent with a court. 
(4) More detailed conditions for using of a work created for fulfilment of duties resulting from 
an employment with an employer shall be regulated with a contract. Should the contract not 
stipulate otherwise, the employer shall be entitled to require that the author contributes IP/N/1/CZE/C/1/Rev.l 
Page 9 
reasonably from the received author's fee to compensation of costs incurred to it for creation 
of the work. 
(5) Should not be explicitly agreed otherwise, copyright to a computer program created 
by an employee for fulfIlment of duties resulting from his employment shall be exercised 
by the employer. 
(6) Provisions of para 1 though 5 shall apply analogously for works created for 
fulfIlment of duties resulting from a membership or service relation. 
Article 18 
The ministry of culture may by its decision substitute the author's permission for a translation 
of works of foreign nationals into the Czech language, provided that international treaties so 
allow and under conditions specified therein. 
Assignment of Copyright 
Article 19 
(I) The author may assign only the right to use his work. 
(2) The acquirer may assign the acquired authorization on a third party only with the author's 
permission. 
Article 20 
deleted 
Article 21 
Should a legal entity or a natural person on which the right to use the work was assigned cease 
to exist or dies without legal successor, the author shall again acquire the right to decide about 
further use of the work. 
Contracts on Dissemination of a Work 
Article 22 
(I) With a contract on dissemination the author grants to the user for remuneration his 
permission to disseminate his work; the conditions of dissemination of the work may be 
comprised also in collective agreements. 
(2) Contracts on dissemination of a work are especially a publishing contract, contract on 
public performance of a work, contracts on dissemination of a work by way of rental or IP/N/1/CZE/C/1/Rev.1 
Page 10 
lending of reproductions of a work, contract on dissemination of phonograms and a contract 
on radio or television broadcasting of a work. 
(3) A contract on dissemination of a work shall determine the form and extent of dissemination 
of a work, time when this will be done, author's remuneration, cooperation of the author, 
duration of the contract and the user's obligation to disseminate the work at his own account. 
(4) Should the Ministry of Culture not provide otherwise, the contract on dissemination of a 
work shall be made in writing. 
Article 23 
(1) An author shall be obliged to deliver the work to the user in time and in such form that it 
may be disseminated in the agreed manner. 
(2) The user may withdraw from a contract, if the author has failed without a serious reason to 
submit to him the work even within a additional term granted to him by the user; an additional 
term need not be granted, if it follows from the contract or the nature of the matter that the 
user cannot be interested in a delayed fulfilment. In such case the user may require returning 
of what he has already fulfilled to the author. 
(3) An author may withdraw from a contract and require return of a work, should the work not 
be disseminated in the term stipulated in the contract; his right to the author's remuneration 
shall remain untouched. 
Publishing Contract 
Article 24 
(1) In a publishing contract the author grants the publisher permission to publish a literary 
work, musical-dramatic or musical work, work of art or a photographic work, and the 
publisher undertakes to publish the work at its account, take measures for its dissemination 
and pay the author a remuneration. 
(2) As long as the relation established by the publishing contract lasts, the author may not grant 
his permission for publishing of the work to another user without the publisher's consent, 
unless it concerns his collected works, or publication of the work in a periodical publication. 
(3) Should the work be sold out before expiration of the period, for which the contract was 
concluded, the author may, even if no further edition hat been agreed upon, demand that the 
publisher publishes the work repeatedly. Should the contract on a new edition of the work not 
be concluded within six months, the author shall be free to conclude the contract with another 
publisher. Article 25 
(1) The author shall be entitled to make an author's proof of his work. IP/N/1/CZE/C/IlRev.1 
Page 11 
(2) Should the author not be allowed to make an author's proof of his work, he may withdraw 
from the contract and demand the return of the work, if his work would be used in a manner 
detracting from its value; his right to the author's remuneration shall remain untouched. 
Article 26 
Contract on Public Performance of a Work 
In a contract on public performance of a work the author grants the performer approval to 
perform a theatrical or musical work and the performer undertakes to perform the work at his 
own account and to pay the author a remuneration. 
Article 26 a 
Contract on Dissemination of a Work by Lending or Rental of a Work 
(1) With a contract on dissemination of a work by lending of reproductions of the work 
the author grants approval to the lender to let third persons reproductions of the work 
for a cost-free use for an agreed period 3/. 
(2) With a contract on dissemination of a work by rental of reproductions of the work 
the author grants approval to the lessor to let third persons (lessees) reproductions of the 
k r •• 4/ wor lor a temporary use agamst remuneratIon . 
(3) Reproductions of the work shall be also sound, visual and audiovisual recordings of 
the work. 
Article 27 
Contract on Creation of a Work 
(1) With a contract on creation of a work the author undertakes to create for the customer 
against remuneration a literary, scientific or artistic work and grants approval that the customer 
may use the work for a purpose specified in the contract. 
(2) The author shall be obliged to create the work personally within the stipulated term. Should 
not be agreed otherwise, the author shall have the right to the agreed remuneration upon 
delivery of the work. 
31 Article 659 of the Act No.40/1964., Civil Code, as amended. 
41 Article 663 of the act No. 40/1964 CoIl., Civil Code, as amended. IP/N/1/CZE/C/1/Rev.1 
Page 12 
(3) !fthe work has defects preventing from its use for the purpose specified in the contract, the 
customer may withdraw from the contract. Should the defects be removable, the customer 
may withdraw from the contract only if the author does not remove the defects within a 
reasonable term provided him by the customer for such purpose. 
(4) Provisions of Article 23 para 2 shall apply analogously for the contract on creation of a 
work. 
Article 28 
Contracts on Other Use of a Work 
Provisions of Article 22 para 3 and of Article 23 shall apply mutatis mutandis to contracts on 
other use of a work. 
Transfer of Copyright 
Article 29 
(1) Copyright shall pass to heirs. Provisions of this Act concerning the author shall apply also to 
his heirs, unless their nature indicates otherwise. 
(2) Should a co-author have no heir, his share shall accrue to other co-authors. 
Transfer of an Original or Reproduction of a Work 
Article 30 
Whoever acquires the original of a work or its reproduction, shall not acquire the right to use 
the work with this transfer, should not be expressly agreed otherwise. 
Article 31 
An author having transferred an original of his work against payment may demand fair 
settlement from every acquirer, who gained socially unfounded property benefit with further 
transfer of ownership of the work. The author shall not waive this claim in advance. 
Article 32 
Threat To or Violation of Copyright 
(1) An author, the right of whom was violated, may demand especially that violation of his 
right is prohibited, consequences of such violation removed and an adequate satisfaction be 
given to him. Should with such violation of the right a substantial injury of immaterial nature be 
caused, the author shall have the right to satisfaction in a financial sum, should 
acknowledgement of other satisfaction not be sufficient; the sum of financial satisfaction shall 
be determined by a court, which shall take into consideration especially the amount of the 
injury caused, as well as the circumstances, under which the right was violated. IP/N/1/CZE/C/1/Rev.l 
Page 13 
(2) Should the author incur damage with threat to or violation of his rights, he shall have the 
right to compensation pursuant to the Civil Code. 
(3) With a work created by co-authors the rights pursuant to para 1 and 2 shall belong also to 
individual co-authors independently. 
(4) The exercise of copyright by other persons does not prevent from the author's 
demanding protection of his copyright against threat to or violation of it. 
Article 32 a 
The author shall have the same rights as in case of threat to or violation of copyright 
also to persons, who produce, put into circulation or use for property benefit aids 
intended exclusively for removal, putting out of operation or reduction of functioning of 
technical equipment or other means used for protection of his work from unauthorized 
use. 
Duration of Rights 
Article 33 
(1) Copyright shall last, ifnothing else is set down hereinafter, throughout the author's lifetime 
and 50 years after his death and in the case of works of co-authors and of combined works 
created for the purposes of use in this connection :fifty years after death of the last surviving co­
author. 
(2) The duration of copyright to a work which forms part of an inheritance and which was 
published for the first time within the last ten years of the term pursuant to para 1, shall be 
extended to ten years from the publication of the work. 
(3) In the case of anonymous and pseudonymous works, where the author's identity is 
unknown, copyright shall last :fifty years after their publication. 
(4) Copyright to film work shall last :fifty years after making the work public. 
(5) In the case of collections and periodicals issued by organizations copyright shall last ten 
years after their publication. 
(6) The right to the protection of authorship is, however, unlimited in time. 
Article 34 
The duration of copyright shall be counted only from the end of the year, in which the event 
decisive for its counting occurred. IP/N/lICZE/C/lIRev.1 
Page 14 
Free Works 
Article 35 
(1) Should the author have no heirs, or should the heirs refuse to accept the inheritance, his 
works shall become public domain, with the exception listed in Article 29 para 2, even before 
expiration of the terms specified in Article 33. 
(2) Should the duration of copyright terminate or should the work become public domain for 
another reason, the user shall not be obliged to require permission for use of the work or pay 
the author's remuneration. However, a work in public domain may be used only in a manner 
adequate to its value and its author must be listed, if he is known. The observance of this 
condition shall be attended to by author and by legal entities, which gained the 
authorization to exercise collective administration for a defmed branch of creative 
activity in the respective sphere pursuant to a special law 51 
PART TWO 
Rights of Performing Artists 
Article 36 
(1) The subject of rights of performing artists pursuant to this Act are their artistic 
performances, i. e. performances of singers, musicians, dancers and other persons, who act, 
sing, play, recite or otherwise perform a literary or artistic work. 
(2) Performances of performing artists may not be used without their permission for 
a) sound, visual or audiovisual recording (hereinafter called "recording") made for production 
of reproductions intended for public sale or for production of films intended for public 
screening (hereinafter called "phonograms" or "videograms"); 
b) production of phonograms or video grams intended for public sale or use of recordings or 
their reproductions for other purpose than for which the permission was granted, for example 
for their public presentation, lending or rental, should these not be the cases mentioned 
under Article 37 para 1; 
c) radio or television broadcasting; 
d) public screening or dissemination by other means, if the performance was carried out for 
somebody else than the organization wishing to use it. 
(3) Performing artists shall have the right to remuneration for use of their performance. 
5/ Act No. 23711995 ColI, on Collective Administration of Author's Rights. Article 37 
(1) The permission of the performing artist shall not be necessary IP/N/lICZE/CIlIRev.1 
Page 15 
a) for production of a recording of his performance made for radio or television organization, 
if the recording is made by such organization with its own means for its own broadcasting; 
b) for radio or television broadcasting of his performance, if this is made from a recording or 
phonogram or videogram produced with the permission of the performing artist, 
c) for use ofhis performance for the user's personal use; provision of Article 13 para 2 (Article 
39 para 1) shall remain untouched; 
d) for use of his performance from a recording or phonogram or video gram exclusively for 
scientific or educational purposes. 
(2) For use of performance in a way mentioned under para 1 lit. a) and b) the performing 
artist shall have the right to remuneration. 
Article 38 
The rights of performing artists shall last fifty years from the end of the year, in which a 
recording of the performance was made. 
Article 39 
(1) Provisions of Articles 5 through 9, Article 12, Article 13 para 2 through 4, Article 14 
para 1, Article 15 para 2 lit. a), 15 para 3, 16, 19, Articles 21 through 23, Articles 26 
through 30, Article 32 para 1 and 2, Article 32a, Article 33 para 6, Article 34 and Article 
35 para 2 shall apply analogously to performing artist and their performances; the same 
shall apply to Article 35 para 1, the duration of the right being regulated pursuant to 
Section 38. 
(2) The Ministry of Culture may set down the manner in which performing artists will exercise 
their rights pursuant to this Act, if several of them participate in a single performance. 
PART THREE 
Articles 40 through 44 
deleted 
PART FOUR IP/N/1/CZE/C/1/Rev.1 
Page 16 
Rights of Phonogram Producers and Radio and Television Organizations 
Article 45 
(1) The subject matter of the rights of phonogram producers pursuant to this Act are sound 
recordings of performances of performing artists or of some other sounds. 
(2) The permission of the phonogram producer is required for 
a) broadcasting of sound recordings and phonograms by radio or television; 
b) production of reproductions of a sound recording or of phonogram for other than own 
personal use; provision of Article 13 para 2 (Article 45 para 4) shall remain untouched; 
c) public performance of sound recordings or phonograms; 
d) lending and rental of sound recordings or phonograms. 
(3) The phonogram producer shall have the right to compensation for the permission under 
para 2. 
(4) Provisions of Article 13 para 2 and 3 shall apply analogously to phonogram producers. 
(5) The right of a phonogram producer shall last :fifty years from the end of the year, in which 
the sound recording was made. 
Article 46 
(1) The subject matter of rights of a radio or television organization are their own broadcasted 
programs. 
(2) A radio or television program may be rebroadcasted, recorded for other than personal use, 
and such recording may be further reproduced or disseminated in public in some other way 
only with permission of the organization having realized the program; for such permission the 
organization shall have the right to compensation. 
(3) Provision of Article 13 para 2 and 3 shall apply analogously to radio and television 
organizations. 
(4) Radio and television organizations shall have not the rights pursuant to para 2 and 3 
in case they transmit broadcasting of other radio or television organizations. 
(5) The right of radio and television organizations shall last :fifty years from the end of the year, 
in which the broadcasting was realized for the first time. 
Article 47 IP/N/1/CZE/C/1/Rev.1 
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Permission of phonogram producers and of radio and television organizations and payment of 
compensation are not required in case of production of a recording or phonogram and its use 
exclusively for the purposes of reporting on current events or for scientific or educational 
purposes. 
Article 48 
The Government may set down, under what conditions the right mentioned in Articles 45 and 
46 shall be acknowledged to foreign phonogram producers and radio and television 
organizations pursuant to international treaties. 
PART FIVE 
Common Provisions 
Article 49 
deleted 
Article 50 
( 1) Provisions of this Act shall apply to works of authors, who are Czech nationals, wherever 
they may have been created or made public. The same shall apply to works of authors enjoying 
the right of sanctuary in the Czech Republic. 
(2) To works of foreign nationals the provisions of this Act shall apply pursuant to international 
treaties, and if no such treaties exist, their reciprocity shall be guaranteed. 
(3) Ifno condition is fulfilled from those mentioned under para 2, this Act shall apply to works 
of authors, who are not Czech citizens, on condition that they were published or made pu:blic in 
the Czech Republic for the first time or if the author resides here. 
(4) Copyright relating to the works of foreign nationals may not last longer than that in the 
country of origin of the work. 
(5) Provisions of para 1 through 4 shall apply analogously also to performing artists and their 
performances. 
Transitional and Final Provisions 
Article 51 IP/N/1/CZE/C/1/Rev.l 
Page 18 
(1) The duration of copyright shall be governed by this Act even if it has begun before its force. 
Should this Act set down a longer period, this extension shall apply to such works only, where 
the rights did not expire before force of this Act. 
(2) The same shall apply for the rights of performing artists, phonogram producers and radio 
and television organizations. 
Article 52 
Protection of works of applied arts pursuant to this Act does not exclude protection of such 
works also pursuant to regulations concerning the protection of industrial designs. 
Article 53 
(I) If nothing else follows from provisions of this Act or the regulations issued for its 
implementation, the legal relation of authors and performing artists, established in connection 
with creation and use of their works or performances, shall be regulated by general legal 
regulations. 
(2) Disputes regarding claims arising from this Act shall be decided by courts. 
Article 53 a 
(1) Authors, performing artists and phonogram producers, or persons authorized to 
exercise their rights pursuant to this Act, may require from customs authorities 
information about the contents and volume of import of goods, which are of the nature 
of reproductions of works or their sound, visual or audiovisual recordings, or goods, 
which is to serve for production of such recordings as their carrier (blank carriers), and 
to examine customs documents for the purpose of establishment, if import of such goods 
for dissemination in the market is in compliance with this Act. 
(2) The customs authority shall at a written request of persons authorized pursuant to 
para 1 suspend the procedure of release of goods for free circulation for ten working 
days, if there is a justified suspicion that with import of such goods the rights pursuant 
to this Act would be violated. In justified cases the period of suspension of the procedure 
may be extended by further ten working days. 
(3) Should the importer of goods mentioned under para 1 not prove within the term 
pursuant to para 2 that his import is in compliance with provisions of this Act, the 
customs authority shall not release the goods in free circulation. 
(4) Provisions of para 1 through 3 shall apply analogously also for export of goods 
mentioned in para 1. Article 54 
The Act No. 11511953, CoIl., on Copyright is repealed. 
Article 55 
This Act becomes effective as of July 1, 1965. 
* * * 
Article n. of the Act No. 86/1996 CoIl reads as follows: IP/N/1/CZE/C/1/Rev.l 
Page 19 
(1) The words "Czechoslovak Socialist Republic" shall be replaced by the words "Czech 
. Republic" and the word "Czechoslovak" shall be replaced by the word "Czech". 
(2) The works published until December 31, 1992 simultaneously in the Czech and 
Slovak Federal Republic and elsewhere (Article 11 para 2) shall be considered as works 
published in the Czech Republic. 
* * * 
The Act No. 8911990 Coli., modifying and amending the Act concerning literary, scientific and 
artistic works (the Copyright Act) became effective on June 1, 1990. 
The Act No 46811991 Coli., concerning the broadcasting by radio and television, became 
effective on November 22, 1991. 
The Act No. 318/1993 Coli, on adaptation of status of cultural funds and on changes of the 
Copyright Act, became effective on January 1, 1994 (with the exeption of deletion of Articles 
40 and 41, which became effective on January 1, 1995). 
The Act No. 237/1995 Coli., on the collective administration of author's rights and of rights 
related to copyright and on the amendments of certain Acts, became effective on January 1, 
1996. 
The Act No. 86/1996 Coli., modifying and amending the Act concerning literary scientific and 
artistic works (the Copyright Act), in its valid wording, became effective on Apri122, 1996.