429/2022 Coll.  
 
ACT  
of 8 December 2022  
amending Act No. 121/2000 Coll., on Copyright, on Rights Related to the Copyright and on 
Amendment of Certain Acts (the Copyright Act), as amended, and related acts  
 
 
The Parliament has adopted the following Act of the Czech Republic:  
 
PART ONE  
Amendment of the Copyright Act  
Article I 
[Act No. 121/2000 Coll., on Copyright, on Rights Related to the Copyright and on Amendment of Certain 
Acts (the Copyright Act), as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll., Act No. 186/2006 Coll., 
Act No. 216/2006 Coll., Act No. 168/2008 Coll., Act N o. 41/2009 Coll., Act No. 227/2009 Coll., Act No. 
153/2010 Coll., Act No. 424/2010  Coll., Act No. 375/2011  Coll. , Act No. 420/2011  Coll. , Act No. 18/2012 Coll., 
Act No. 496/2012 Coll., Act No. 156/2013 Coll.,  Act No. 303/2013 Coll. , Act No. 64/2014 Coll., Act No. 
228/2014 Coll., Act No. 355/2014 Coll., Act No. 356/2014 Coll., Act No. 250/2016 Coll., Act No. 298/2016 
Coll., Act No. 102/2017 Coll., Act No. 183/2017 Coll., Act No. 50/2019 Coll ., Act No. 277/2019 Coll. , and Act 
No. 94/20 21 Coll. , is amended as follows:  
1. At the end of footnote 1, the sentences ''Directive (EU) 2019/789 of the European Parliament and of the 
Council of 17 April 2019 laying down rules for the exercise of copyright and related rights applicable to certain 
onlin e broadcasts by broadcasting organisations and retransmitted television and radio programmes and 
amending Council Directive 93/83/EC.  
Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and 
related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC." are added.  
2. In Article  1 at the end of letter (b) point 7 is added, which reads:  
"7. the right of the publisher of a press publication,".  
3. In Article 18, at the end of paragraph 2, th e sentence "The communication of a work to the public shall 
also include the making available to the public of a work by an online content -sharing service provider  pursuant 
to Article 46(1), where the work has been uploaded by a user of such a service." is  added.  
4. In Article 21, at the end of paragraph 1, the sentences "Broadcasting of a work by radio or television shall 
also mean the supply of programme -carrying  signals by the original broadcaster to the operator of retransmission 
services pursuant to Artic le 22, even if the programme -carrying  signals are not accessible to the public during 
such supply. The use of a work referred to in the second sentence shall be deemed to be a single act of 
communication to the public in which the broadcaster and the opera tor of retransmission services  pursuant to 
Article  22 participate, but not jointly and severally, and for which both must obtain a licence for their respective 
share of such communication to the public; the provisions of Article 97d(1)(a)(1) and (2), Articl e97d(1)(c), 
Article  97e(4)(c) and (n) and Article  98c(5) shall apply mutatis mutandis. Paragraphs 5 to 7 shall not apply to 
the operator of retransmission services ." are added.  
5.  In Article  21(7), the words "the broadcaster has its management bodies locate d" are substitutes by "the 
headquarters of the broadcaster is located".  
6. A new Article  21a is inserted after Article  21, which including the title thereof and footnote  No. 30 reads:  
 
“Article  21a 
Ancillary  online service of the broadcaster  
(1) For the purposes of this Act, a broadcaster's ancillary  online service means  
a) the transmission of a work over a computer or similar network by the same broadcaster at the same time 
as the transmission of the work by another technology, in unaltered form,  
b) the making available to the public of the broadcast work by the same broadcaster pursuant to Article 18(2) 
for a specified period after the broadcast of the work, o rthe making available to the public of a work by 
the same broadcaster pursuant to Article 18(2) where the work is part of material which is ancillary to its 
broadcast, such as previews of  a broadcast programme and reviews of such a programme.  
(2) Unless otherwise agreed, the use of the work referred to in paragraph 1 shall be deemed to take place 
in the territory of the Member State of the European Union or of the  European Economic Area in which the 
headquarters  of the broadcaster is situated.  
(3) Paragraph 2 shall apply to the use of the work  
a) by a radio broadcaster and  
b) by a TV broadcaster in a news or cu rrent affairs programme or in a programme produced exclusively by 
that broadcaster; this does not apply to the use of a work included in the broadcast of a sport s event 
broadcast by a TV broadcaster.  
(4) Paragraph 2 shall also apply to reproduction of a work w hich is necessary for the provision of, access 
to or use of an ancillary online service.  
(5) When negotiating the remuneration30) for the grant of the authorisation to exercise rights referred to in 
paragraphs 1 to 4, account shall be taken of the characterist ics of the ancillary online service, in particular its 
nature, the duration of the availability of the work, the territorial scope of use, the number of listeners or viewers 
and the number of language versions. This is without prejudice to the possibility of calculating the amount of 
remuneration on the basis of the broadcaster's income from the ancillary  online service.  
 
30) Article  2366 of the Civil Code.''  
7. In Article 22, at the end of the text of subsection (1), the words are added " , regardless of how  that 
person obtains for such purposes signals carrying sounds or images and sounds or expressions thereof intended 
for reception by the public from the original broadcaster. The provisions of Article  21 (3) second sentence apply 
similarl y.'' 
8. In Article 22(2), at the end of the text of the first sentence, the words ", regardless of how  a person other 
than the broadcaster of such a broadcast obtains for such purposes signals carrying sounds or images and sounds 
or expressions thereof intend ed for reception by the public from the original broadcaster" shall be added.  
9. Article 23, including its title, reads:  
 
" Article  23 
Performing Radio or TV Broadcast  
The performing a radio or television broadcast of a work means the making available of a work broadcast 
by radio or television by means of a device technically capable of receiving radio or television broadcasts. The 
making available of a work to patients in the course of the provision of health care services in health care  
facilities shall n ot be deemed to be the operation of a radio or television broadcasting pursuant to Article 18(3). The making available of a work to a narrow circle of persons shall not be deemed to constitute the operation of 
radio and television broadcasting under Articl e 18(3) if such making available is incidental and independent of 
the wishes of the recipients and is not of a profit -making nature."  
10. A new Article  25b is inserted after Article  25a to read, including the title thereof, as follows:  
 
“Article 25b 
The right to an appropriate  share of the revenues of the publisher of a press publication  
The author of a work incorporated in  a press publication shall be entitled to an appropriate share of the 
revenues of the publisher of the press publication accruing to that pu blisher from the exercise of the right under  
Article  87b."  
11. In Part One, Title I, Volume 3, at the end of the heading of Section 6, the words ''and out-of-commerce 
works  '' shall be added.  
12. After Article 27b new Article 27c is added, which reads:  
 
“Article  27c 
A work referred to in Article 2 shall be deemed to be an out -of-commerce work  if, after reasonable efforts 
have been made to determine whether it is available to the public, it may be presumed in good faith that it is not 
available to the  public  throu gh customary channels of commerce. ".  
13. In Article 28, the words ''paragraphs 2 and'' are deleted, the words ''and Article 87a(1)'' are inserted 
after the word ''first'' and the words ''not affected'' are replaced by the words ''not affected''.  
14. In Article 29, a new paragraph (3) is inserted to read as follows:  
"(3) Juridical  acts excluding or limiting exceptions  of and limitations  to copyright shall be disregarded  
unless otherwise provided by law."  
 
15. After Article 31 the following new Article 31a is inserted, which including the title and footnotes Nos. 
31 to 34 reads:  
 
“Article 31a 
Licences for digital teaching  
(1) A school, higher education institution  or education or training facility31) is not infringing copyright if 
it digitally uses a work under its own responsibility in teaching for illustrative purposes, not for direct or indirect 
economic or commercial gain, provided that it is done on the premises of the school or facility  or in other places, 
or within a secure electronic env ironment accessible only to pupils or students and teachers of the school or 
facility , and provided that the name of the author, the title of the work and the source, where applicable, are 
indicated.  
(2) The use of a work referred to in paragraph 1 shall be de emed to take place only in a Member State of 
the European Union or of the European Economic Area in which the school, higher education institution or 
education or training facility using the work is established or recognised by that State32). 
(3) The provision s of paragraph 1 shall not apply to the use of a work primarily intended for educational 
purposes and to the use of a published sheet music of musical or musical -dramatic work . A work primarily 
intended for educational purposes means a work which has been granted an approval clause under the Education Act33) and other such textbooks or teaching texts34). 
 
31) For example, Act No. 561/2004 Coll., on pre -school, primary, secondary, tertiary technical and other education (Education Act), 
as amended, Act No. 111/1998 Coll., on higher education institutions and on amendments and supplement s to some other acts 
(Higher Education Act), as amended, Act No. 563/2004 Coll., on educational staff and on  amend ment s to certain acts, as amended, 
Act No. 108/2006 Coll., on social services, as amended, Act No . 312/2002 Coll., on officials of territorial self -government units 
and on amendments to certain acts, as amended, Decree No. 74/2005 Coll., on extracurricular edu cation, as amended, Decree No. 
71/2005 Coll ., on basic artistic education, as amended, Decree No. 33/2005 Coll., on language schools with the right to the state 
language examination and state language examinations, as amended.  
32) Article 38 (1) (c) of Act  No. 561/2004 Coll.  
Article  93f of Act No. 111/1998 Coll.  
33) Article 27 (1) of Act No. 561/2004 Coll.  
34) Article 27(2) of Act No. 561/2004 Coll.  
16. In Article 35 (2) the word ''higher education institutions '' shall  be inserted after the word ''schools''.  
17. In Article 35(3), the words ", higher education institution " shall be inserted after the word "school" and 
the words ", of higher education institution " shall be inserted after the word "of school".  
18. In Article 37(2), the words "and libraries of higher ed ucation institutions , the National Library of the 
Czech Republic (hereinafter referred to as the "National Library"), the Moravian Library in Brno, the National 
Technical Library, the National Medical Library, the Comenius National Pedagogical Library, the Library of the 
Institute of Agricultural and Food Information, the Library of the National Film Archive and the Parliamentary 
Library of the Czech Republic" shall be replaced by the words ", libraries of higher education institutions and 
libraries of museu ms, galleries and archives".  
19. In Article 37a(9), the words "for harmonisation in the internal market" shall be replaced by "of the 
European Union for Intellectual Property".  
20. A new Article 37b is inserted after Article 37a to read, including the title thereo f and footnote No. 35:  
 
“Article 37b 
Licence for the use of a n out -of-commerce work  
(1) The copyright shall not be infringed by a library, archive, museum, gallery or institution for the 
preservation of film or sound or other cultural heritage35) (hereinafter referred to as "cultural heritage institution") 
which, not for direct or indirect economic or commercial gain, reproduces and makes available in the manner 
referred to in the first sentence of Article 18(2) on its website established or operated not for di rect or indirect 
economic or commercial gain, a n out -of-commerce  work which is permanently in its collections. However, the 
name of the author must always be indicated , if possible, unless the work is anonymous, or the name of the 
person under whose name the work is being made public, as well as the title of the work and the source.  
(2) A use of a n out -of-commerce  work pursuant to paragraph 1 shall be deemed to take place only in a 
Member State of the European Union or of the European Economic Area in which th e cultural heritage institution 
using the work is established or recognised by that State.  
(3) The provisions of paragraphs 1 and 2 shall apply only to a work about which, at least 6 months before 
the use referred to in paragraph 1 takes place, information has  been  permanently  published by the cultural 
heritage institution on the Portal of Out-of-Commerce Works established and maintained by the European Union 
Intellectual Property Office in accordance with the directly applicable regulation of the European Unio n 
governing the competence of the European Union Intellectual Property Office14) and on the website of that 
institution  a) identifying the work and the author,  
b) on the manner and extent of the use referred to in paragraph 1 and  
c) the author's right to exclude th e use of the work pursuant to paragraph 1.  
(4) The provisions of paragraphs 1 to 3 shall apply only to the work and the rights thereto, unless the 
exercise of the collective management of rights has been authorised pursuant to Article 97e(4)(m).  
(5) The provisions  of paragraphs 1 to 3 shall apply only to a work and the rights thereto whose author does 
not exclude such use either in specific cases or in general , even after the use referred to in paragraph 1 has taken 
place.  
(6) The provisions of paragraphs 1 to 5 shall not apply to collections of out-of-commerce works if it has 
been established, after reasonable efforts have been made pursuant to Article 27c, that such collections consist 
mainly of  
a) works other than cinematographic or audiovisual, first published or, in t he absence of publication, first 
broadcast in a third country;  
b) cinematographic or audiovisual works , of which  the producers have their headquarters or habitual 
residence  in a third country, or  
c) works created by nationals of third countries where it has not been possible, even after a reasonable effort, 
to identify a Member State of the European Union or of the European Economic Area or a third country 
pursuant to points (a) and (b).  
 
35) For example Act No. 257/2001 Coll., on Libraries and Conditions for the Operation of Public Library and Information Services 
(Library Act), as amended, Act No. 122/2000 Coll., on the Protection of Museum Collections and on Amendments to Certain Other  
Acts, as amended, Act No. 499/2004 Coll., on Archives and Records Managem ent and on Amendments to Certain Acts, as amended,  
Act No. 496/2012 Coll., on Audiovisual Works and Support for Cinematography and on Amendment to Certain Acts (the 
Audiovision Act), as amended''.  
21. Article 38g including the heading reads:  
 
''Article 38g 
License for caricature, parody or pastiche  
Copyright is not infringed by anyone who uses a work for the purposes of caricature, parody or pastiche."  
22. In Article 39a paragraph 5 is cancelled.  
23. After Article 39b, the following new Articles 39c and 39d are inse rted, including the headings:  
 
“Article 39c 
License to reproduce a work for the purpose of automated text or data analysis  
(1) The copyright shall not be infringed by a person who makes a reproduction of a work for the purpose 
of automated analysis of texts or data in digital form, carried out for the purpose of generating  information 
including, inter alia, patterns, trends and co rrelations; they shall be entitled to retain the reproduction so made 
only for as long as necessary for the purposes of such automated text or data analysis .   
(2) The provisions of paragraph 1 shall not apply to reproductions of a work the use of which has be en 
expressly reserved by the author in accordance with paragraph 1 in an appropriate manner ; in the case of a work 
made available pursuant to Article 18(2) by machine -readable means.  
(3) The provisions of paragraphs 1 and 2 are without prejudice to the provisi ons of Article 39d.  
Article  39d 
License to reproduce a work for  the purpose of automated text or data analysis for scientific  research  
Copyright is not infringed  
a) by a higher education  institution  which carries out scientific research as part of its activities, or 
a legal person whose main purpose is to carry out scientific research or to carry out educational activities 
which also include scientific research, if the scientific research of that ins titution or legal person is carried out 
in such a way that access to its results is not given preferentially  to the person exercising decisive influence 
over that higher education institution or legal person, and at the same time so that the research is ca rried out 
in the public interest or on a no t-profit basis or so that all profits are reinvested in the scientific research of 
that higher education institution  or legal person, or  
b) by a cultural heritage institution,  
if it makes a reproduction of the work for the purposes of scientific research for the purpose of automated 
analysis of texts or data in digital form, carried out for the purpose of generating information including, 
inter alia, patterns, trends and correla tions; it shall store the reproduction so made with an appropriate level 
of security and may keep it for the purposes of scientific research, including the verification of research  
results ." 
24. In the introductory part of Article 42(1), the words "customs aut horities and authorities performing the 
State Statistical Service" shall be replaced by "authorities of the Customs Administration of the Czech Republic" 
and the words "or acceptance" shall be deleted.  
25. In the final part of Article 42(1), the words "and sta tistical" and the words "or admission" shall be 
deleted and the words "are entitled" shall be replaced by  the words "is entitled".  
26. In Article 42(2), the words ''or on dispatch'' are deleted.  
27. In Article 42, a new paragraph (4) is inserted to read as follows : 
"(4) The provision of such information shall not constitute a breach of confidentiality under the Tax Code."  
28. In Article 43 (4) the words ''Article 37(1)(a) and (b)'' are deleted . 
29. In Article  43, new paragraph 6 is put behind paragraph 5, reading as follow s: 
"(6) The legal protection under paragraph (1) shall be without prejudice to the provisions of Articles 31a, 
37(1)(a) and (b) and 39d to the extent necessary to take advantage of the exemption. An author who has used 
technical means for their work pursuant to paragraph 3 shall be obliged to make the work available to authorised 
users to the extent necessary to fulfil the purpose of the use of the work."  
Existing paragraph 6 becomes paragraph 7.  
30. In Article 43(7), the words "paragraph 4" shall be repl aced by "paragraphs 4 and 6".  
31. In Part One, Title I, the following Volumes 6 and 7 are inserted after Volume 5, including the headings 
and footnotes Nos. 36 to 39:  
 
“Volume 6 
Use of a work  by an online content -sharing service provider  
 Article 46 
(1) For the purposes of this Act , an online content -sharing service  provider  shall mean an information 
society service36) provider  of which  the main purpose or one of the main purposes is to store and communicate 
to the public a large number of works uploaded by a user of such service and which competes or may compete 
with other online services making works available to the same target audience, where the provider of such s ervice 
organises and promotes such works for profit -making purposes . 
(2) An online content -sharing service  provider  shall not be considered to be a provider of such an 
information society service36), which is a no t-for-profit online encyclopaedia, a not-for-profit educational and 
scientific repository, an open source software -develop ing and sharing platform, an electronic communications 
service37), an online marketplace and a business -to-business  cloud service and a cloud service that allows users 
to upload content for their own use.  
 
Article  47 
(1) An online content -sharing service provider shall not be liable for the unauthorised communication of 
a work to the public pursuant to Article 18(2) if  
a) he made best efforts to obtain an authorisation to exercise this right,  
b) in accordance with high industry standards of professional diligence , he made best efforts to prevent the 
uploading of a work about which the author has provided with relevant and necessary information; and  
c) immediately after receiving a sufficiently  substantiated noti ce from the author, disable d access to the work 
or remove d it from his website and made best efforts to prevent its future upload in accordance with point 
(b). 
(2) In determining whether an online content -sharing service provider has complie d with his obligations 
under paragraph 1, account shall be taken, in light of the principle of proportionality, inter alia, of  
a) the type and scope of the service, its target audience and the type of work uploaded by the service user; 
and 
b) the availability of suitable and effective means to fulfil the obligations under paragraph 1 and their cost to 
the service provider.  
(3) The use of automatic content recognition tools may only prevent the uploading of a work under 
paragraph 1(b) and prevent th e future upload of a work under paragraph 1(c) where the online content -sharing 
service provider assesses the uploaded content as identical or equivalent to the work identified by the author 
under paragraph 1(b) or (c). Identical content means identical co ntent without additional elements or added value. 
Equivalent content means content that differs from the work identified by the author only by modifications that 
can be considered insignificant without the need for additional information to be provided by the author and 
without an independent assessment of the legitimacy of the use of the work with modifications under this Act.  
(4) An online content -sharing services  provider  does not have a general monitoring obligation over the 
content stored by users of its service.  
(5) The online content -sharing service provider  cannot invoke the limitation of liability for storing the 
content of information provided by the user under the Act on Certain Information Society Services36). 
 
Article  48 
(1) An online content -sharing servi ce provider  whose service has been on the market in the territory of the 
Czech Republic or of a Member State of the European Union or of the European Economic Area for less than 3 
years and which ha s an annual turnover below EUR 10 million  calculated in accordance with the Commission 
Recommendation concerning the definition of micro, small and medium -sized enterprises38), shall not be liable 
for the unauthorised communication of a work to the public pursuant to Article 18(2) if  a) he made best efforts to obtain  an authorisation to exercise that right; the provisions of Article 47(2) shall 
apply mutatis mutandis; and  
b) immediately after receiving a sufficiently substantiated  notice  from the author , disabled access to the work 
or removed it from his website.  
(2) An online content -sharing service  provider  to which paragraph 1 applies, whose average monthly 
number of unique visitors to the service exceeds 5  million , calculated on the basis of the preceding calendar year , 
shall not be liable for unauthorised communication of the work to the public pursuant to Article 18( 2) if he also 
made best efforts to prevent the future upload of the work about which the author has provided  him with relevant 
and necessary information. T he provisions of Article 47 (2) apply mutatis mutandis . 
(3) Article 47(3) shall apply mutatis mutandis to the online content -sharing service provider  under 
paragraphs 1 and 2.  
 
Article  49 
In fulfilling the obligations under Articles 47(1) and 48(1) and (2), cooperation between online content -
sharing service providers and rightholders shall not result in the prevention of  the availability of a work made 
available in accordance with this Act by a user when using the service of an online content -sharing service 
provider.  
 
Article  50 
(1) An online content -sharing service provider is  obliged to  
a) provide the author, at his request, with adequate information about the procedures under Articles 47 and 
48 and, where such a service provider has been authorised to exercise the right of communication of the 
work to the public under Article 18(2), shall provide the author, at his request, with information on the use 
of the work to which that authorisa tion relates,  
b) inform the users of his service in its terms and conditions about the possibilities to use the work in 
accordance with this Act. 
(2) The information referred to in paragraph 1(a) shall be provided by the online content -sharing service 
provider instead of the author to the person who has contractually acquired the exclusive right to exercise the 
right to use the work or to whom the exercise of that right is conferred by law.  
 
Article 51 
(1) An online content -sharing service provider is obliged to put in place an effective and expeditious 
complaint and redress mechanism that can be used by the user of his service in the event of disputes over the 
disabling of access to or removal of a work uploaded by the user. The submission and handling of complai nts 
must be free of charge for the user.  
(2) If the author insists on preventing access to or removing his work in the context of a complaint under 
paragraph 1, he is obliged to justify  this. 
(3) A complaint under paragraph 1 shall be processed without undue delay . The assessment of a complaint 
concerning the denial of access to a n uploaded work or the removal of a n uploaded work shall not be exclusively 
automated.  
 
Article  51a 
Where an online content -sharing service provider repeatedly and unlawfully prevents the uploading of a work, disables access to a work or removes a work within the meaning of Article 47(1)(b) and (c) in breach of 
Article 49, a legal person entitled to defend the interests of competitors or customers may seek an injunction 
against the provider. The provisions of Articles 83(2) and 159a(2) of the Code of Civil Procedure shall apply to 
the proceedings in an action under the f irst sentence.  
 
Article  52 
Where an author grants an online content -sharing service provider an authorisation to exercise a right 
pursuant to Article 18(1) or (2), that authorisation shall also apply to the acts referred to in Article 18(1) and (2) 
performed by a user of that service, unless that user performs those acts in the course of his business or in the 
independent exercise of his profession or unless those acts generate significant revenue s. 
 
Volume 7 
Dispute Resolution Procedure  
 
Article  53 
Mediation and use of a mediator  
For the purposes of this Act, mediation means the practice of a mediator based on providing assistance in 
negotiations, making proposals, finding solutions to  disputed issues and other related activities carried out to 
facilitate the negotiation of licences for the use of an audiovisual work in the manner provided for in  
Article 18(2), the settlement of disputes arising from Article 47(1)(b) and (c), Article 48(1)(b) and Article  
49, the settlement of disputes arising from  the author's right to claim proportionate and fair additional 
remuneration for the grant of a licence, the settlement of disputes arising from the performance of the licensee's 
or sub -licensee's obligation to provide the author regularly  with up to date , relevant and comprehensive 
information on the use of the works39) and in the cases referred to in Article 101. Mediation may be used by 
rightholders, users pursuant to Article 95(4) or their associations or  a collective management  organisation s 
pursuant to  Article 95a(1). Those interested in mediation may use one or more mediators from the list of 
mediators maintained by the Ministry.  
 
Article  54 
List of mediators  
(1) The Ministry shall maintain a list of  mediators , which shall include the names of mediators and contact 
details in accordance with Article 56(1). The list of mediators  is a public administration information system and 
is published on the Ministry's website.  
(2) The authorisation to act as a mediator shall be granted by the Ministry to a natural perso n who  
a) has full legal capacity;  
b) has no criminal record and  
c) is competent . 
 
Article  54a 
No criminal record  
(1) Pursuant to Article 54(2)(b) a person who has been finally convicted of a deliberate criminal offence 
shall not be deemed to have no criminal record  unless he is treated as if he had not been convicted.  
(2) Article 96b shall be used to prove no criminal record  mutatis mutandis . 
 
Article 54b Competence  
(1) A person shall be professionally qualified under Article 54(2)(c) if  
a) he/she has obtained a higher education degree in a master's degree programme, and  
b) successfully passed the mediator's  examination . 
 
(2) The mediator's examination includes a test of the knowledge of copyright law necessary to act as a 
mediator and the basic knowledge and skills of out -of-court dispute resolution.  The examination is oral and 
must not take more than 2 hours. The applicant takes the examination before a commission appointed by the 
Minister of Culture. The Commission shall consist of at least three members and shall be chaired by a civil 
servant assigned to the Minist ry. The Commission shall have a quorum if all its members are present and shall 
act by a majority of its members. The examination is graded as "pass" or "fail". The Commission shall draw 
up a report on the result of the examination. An applicant who has fa iled the examination may reapply for the 
examination not earlier than 1 year from the date of the examination in which he /she failed.  
 
Article  55 
Visiting mediator  
(1) A national of another Member State of the European Union or of the European Economic Area, who 
is entered by the Ministry in the list of mediators as a visiting mediator on the basis of his/her application, may 
also perform the activity of a mediator  in the Czech Republic temporarily or occasionally as a visiting medi ator. 
Article 56(1) shall apply mutatis mutandis to the submission of this application. The applicant shall attach to the 
application a copy of a document confirming that he/she is authorised to carry out an activity comparable to that 
of a mediator  in accordance with the legislation of another Member State of the European Union or one of the 
States of the European Economic Area. The Ministry shall, without undue delay, enter him or her in the list of 
mediators once the above conditions have been met ; however, a person who is not competent  or of good character 
may not be entered in the list of mediators.  
(2) The activities of a visiting  mediator in the Czech Republic shall be governed by the law of the Czech 
Republic. A visiting  mediator shall be entitl ed to carry out the activities of a mediator  in the territory of the 
Czech Republic pursuant to this Act as from the date on which he or she is entered in the list of mediators.  
 
Article  56 
Entry in the list of mediators , changes to the data entered and re moval from the list of mediators  
(1) In the application for authorisation to act as a    mediator, the applicant shall indicate, in addition to  
the general requisites of the filing set out in the Administrative Code, the identifier of their data mailbox or 
address for the delivery of documents in the Czech Republic, or an electronic address.  
(2) The Ministry shall enter in the list of mediators the person to whom it has granted authorisation pursuant 
to Article 54(2). Entry in the list of mediators shall be made  by the Ministry on the date of the entry into force 
of the decision granting the authorisation.  
(3) The mediator  shall notify the Ministry without undue delay of changes to the data referred to in 
paragraph 1. The Ministry shall enter the notified changes in the list of mediators . 
(4) The Ministry shall remove from the list of mediators a mediator  who has died or been declared dead or 
absent . (5) The Ministry shall revoke the authorisation to act as a mediator  and remove the mediator from the list 
of mediator s or remove the visiting mediator from the list if the mediator  or visiting mediator  
a) his/her legal capacity  has been limited , 
b) no longer meets the requirement of a no criminal record , 
c) requested the withdrawal of the authorisation to act as a  mediator or, in the case of a visiting mediator , the 
cancellation of the entry in the list of mediators; or  
d) has violated the duty of a  mediator  established by this Act in a serious manner, or has violated it repeatedly 
during the last 2 years, despite a wr itten warning from the Ministry.  
(6) The Ministry shall remove a visiting mediator from the list of mediator s if his/her authorisation to carry 
out an activity comparable to the activity of a mediator  which he/she was authorised to carry out in accordance 
with the legislation of another Member State of the European Union or one of the States of the European 
Economic Area has ceased.  
(7) The mediator or the visiting mediator shall notify the Ministry in writing of the facts which are 
grounds for withdrawal of the authorisation to act as a mediator  or for removal from the list of mediator s, no 
later than 15 days from the date on which he /she became aware of them.  
 
Article  57 
Procedure for using a mediator  
(1) A request for mediation pursuant to Article  53 shall be made in writing to the mediator or to the visiting 
mediator by those interested in mediation . In the request, he or she shall state the current state of negotiations, 
attach his or her  proposal and state the opinion of the other interested parties. A mediator or a visiting mediator 
shall be obliged to refuse mediation if, having regard to his or her relationship to the case , to the person seeking 
mediation or to his or her representative, his or her impartiality may be doubted.  
(2) If those interested in mediation  do not agree on the person of the mediator or of the visiting mediator , 
the Ministry shall appoint  the mediator or the visiting mediator at the request of those interested in mediation . 
(3) If no body  of those interested in mediation expresses any objections to the draft agreement prepared by 
the mediator  or the visiting mediator within 3 months of the submission of the draf t agreement, they shall be 
deemed to have accepted it.  
(4) If those interested in mediation  do not agree with the mediator or the visiting  mediator on the amount 
of his  or her  remuneration, the mediator or the visiting  mediator shall  be entitled to remuneration equal to the 
average wage in the national economy for the first to third quarters of the calendar year preceding the calendar 
year in which the mediation was provided, as announced under the law regulating employment.  
(5) Articles 4(2), 5(2), 6 to 9, 10(1), (2) and (4) and 12 of the Mediation  Act21) shall apply mutatis mutandis . 
 
36) Act No. 480/2004 Coll., on certain services provided by information companies and on amendments to certain acts (the Act on  
Services Provided by Infor mation Companies), as amended.  
37) Act No. 127/2005 Coll., on electronic communications and on amendment to certain related acts (the Electronic 
Communications Act), as amended.  
38) Commission Recommendation of 6 May 2003 on the definition of micro, small and medium -sized enterprises (OJ 2003 L 124, 
20. 5 . 2003, p. 36).  
39) Article 2374(2) and (3) and Article 2374a of the Civil Code."  
Former Volume 7 is hereby titled Volume 8. 
32.  Article  66(7), including footnote 40, reads as follows:  
''(7) The provisions of Articles 30a to 31, 32 and 33, 34(b) to (d), 35 and 36, 37(1)(b) to (d), 37(2) to (5), 37a, 38, 38a(1)(b), 38a(2), 38b to 39, 39d, 43(1), (4), (5) and (7), and the provisions of the Civil Code on the 
right to proportionate and fair additional remuneration for the grant of a licence, on the right to information on 
the use of the work, on the right to withdraw from the contract or to limit the licence due to the inaction of the 
licensee and on the right to withdraw from the contract due to a change in the bel ief of the author40) shall not 
apply to a computer programme.  
 
 
40) Articles 2374(2) and (3), 2374a, 2378, 2379 and 2382 of the Civil Code.".  
33. In Articles 74, 78, 82 and 94, the words " Article 27a, Article  27b, Article  28, Article  29" shall be 
replaced  by " Articles  27a to 29".  
34. In Articles  74, 78, 82 and 86, after " Article  31" insert ", Article  31a".  
35. In Articles  74, 78 and 82, the text " Articles  37, 37a" is replaced by "Articles  37 to 37b" and the text 
"Articles  38e, 38f, 39 to 44" is replaced  by "Articles  38e to 44".  
36. In Article 74, the words "and 58" are replaced by ", Articles  46 to 58".  
37. In Article  78 and 82, the words " Articles , 46 to 57" are inserted after the words " Articles  38e to 44".  
38. In Article 86 the words ''Articles 13 to 16, 18 to 23'' shall be replaced by words '' Articles  13 and 14, 18, 
20 and 21, 22 and 23'', text ''27a, 27b, 28, 29 ” shall be replaced by the words ''27b to 29 ”, text '' Article  37b'' shall 
be inserted after the words '' Articles  37 (1) and (4) ”, text '' Articles  38e, 38f' ” shall be replaced by the words 
"Article  38e to Article  38g" and the words ", Articles 46 to 57" shall be inserted after the words " Articles  39a to 
44". 
39. In Part One, Title II, the heading of Volume  5 reads:  
 
"Publisher's Rights ". 
40. In Article  87, new paragraph 2 is put after paragraph 1, reading as follows:  
"(2) The publisher shall be entitled to remuneration in connection with the lending of a copy of a work 
published by him if the person referred to in Article  37(1) lends the copy. The publi sher shall not be entitled to 
remuneration under the first sentence in the case of on -site lending or when school libraries, higher education 
institution s' libraries and the libraries of museums, galleries and archives lend copies of works published by 
him.". 
 
Former paragraphs 2 and 3 are hereby relabelled as paragraphs 3 and 4.  
41. In Article 87(3), the words "The publisher's right shall continue" shall be replaced by "The publisher's 
rights under paragraphs 1 and 2 shall continue".  
42. Article  87, paragraph 4 reads:  
"(4) The publisher's rights under paragraphs 1 and 2 shall be transferable."  
43. In Part One, Title II, the following Volume 7 is added, including the heading:   
“Volume 7 
The right of a publisher of a press publication  
 
Article  87b 
(1) For the purposes of this Act, a press publication means a collection composed mainly of literary works 
of a journalistic nature, but which can also include other works or other subject matter , and which  
a) constitutes an individual item within a periodical  or regularly updated publication under a single title, such 
as a newspaper or  a magazine,  
b) contains information from the news or other areas; and  
c) is published by the publisher, under its editorial responsibility and control.  
(2) A press publication referred to in  paragraph 1 shall not be deemed to be a press publication when it 
was published for scientific or academic purposes.  
(3) The publisher of a press publication established in a Member State of the European Union or in a State 
of the European Economic Area shall  have the exclusive economic right to use its press publication and to grant 
the information society service provider36) the authorisation to exercise this right; without such authorisation, 
the press publication may be used only in cases provided for by this Act.  
(4) The right to use a press publication is the right to  
a) reproduction of a press publication for online use,  
b) making a press publication available to the public in the manner referred to in Article 18(2).  
(5) The right of the publisher of a press publicat ion is transferable.  
(6) The right of the publisher of a press publication lasts for 2 years from the press publication  is published . 
(7) Articles 2(3), 4, 6, 7 and 9, 12(2) and (3), 13 and 14, 18(2), 27(8), 27a to 29, 31(1)(b) and (2), 31a, 34(a) to 
(c), 37(1 )(a) and (b), 37a and 37b, 38a(1), 39 to 41, 43 and 44 and 53 to 57 shall apply mutatis mutandis to the right 
of the publisher of a press publication.  
(8) The right to use a press publication under paragraphs 3 and 4 shall not apply to the use of individual 
words or very short extracts of a press publication and to  acts of hyperlinking.  
(9) When negotiating the granting of the authorisation to exercise the right to use a press publication 
pursuant to paragraph 3, the information society service provider36) shall be obliged to maintain a fair, equal and 
non-discriminatory approach towards the publisher of the press publication and to pay the publisher a 
proportionate remuneration for the granting of the authorisation to exercise the right to use the press pub lication.  
(10) When negotiating the remuneration30) for the granting of the authorisation to exercise the right to use 
a press publication pursuant to paragraph 3, account shall be taken in particular of the extent of the use of the 
press publication in the exercise of the right pursuant to paragraph 4, t he territorial scope of the use, the impact 
of the press publication in relation to the public, the effort made by the publisher in acquiring the content of the 
press publication and the economic benefit accruing to the information society service provider36) from the use 
of the press publication, including advertising revenue s. 
(11) If no agreement on the amount of the remuneration is reached between the information society service 
provider36) and the publisher of the press publication within 60 days from the d ate of commencement of negotiations 
on the granting of the authorisation to exercise the right to use the press publication pursuant to paragraph 3, either 
of the negotiating parties shall be entitled to apply to the Ministry for the determination of the a mount of the remuneration pursuant to paragraph 10. The application shall include a proposal for the amount of the remuneration 
or the method of determining it. The Ministry shall invite the other party to give a statement on the request within 
a period of time which shall not be less than 14 days. The information society service  provider36) and the publisher 
of the press publication are obliged to  provide the Ministry, upon request, free of charge, with all data necessary 
for determining the amount of the remuneration or the method of determining it, within a maximum period of 30 
days from the date of receipt of the request . 
 
(12) The Ministry shall, within 60 days of receipt of the application, the statement on the application o r 
the information necessary to determine the amount of the remuneration , whichever is later, determine the amount 
of the remuneration in accordance with paragraph 10. The provisions of Part Five of the Code of Civil Procedure 
shall apply to the review of the decision.  
(13) Either party shall be entitled to apply for the determination of the amount of the remuneration under 
paragraphs 11 and 12 no earlier than 3 years after the decision under paragraph 12 has entered into force . This 
shall not apply if the circu mstances in which the amount of the remuneration was determined change d 
substantially . 
(14) The information society service provider is obliged to refrain from acting in a way that circumvents 
the publisher's right to its press publication, in particular by:  
a) refusing to negotiate in good faith for the grant of a n authorisation to exercise the right to use a press 
publication, including payment of a proportionate remuneration for such use,  
b) arbitrarily restricting or regulating an information society service in a discriminatory manner so as to 
exclude the necessity of obtaining authorisation to exercise the right to use a press publication from a 
particular publisher, without having a fair reason for such restriction or regulation; this provision shall 
apply only w here the information society service provider has a dominant position on the market in the 
service which it has restricted or regulated pursuant to the preceding sentence,  
c) abusing its dominant market position in order to obtain the authorisation to exercis e the right to use a press 
publication on terms that were unreasonably disadvantageous to the publisher.  
(15) The provisions of paragraphs 10 to 14 shall apply only if the information society service provider is 
an entrepreneur and only in relation to the grant ing of an authorisation to exercise the right to use a press 
publication for the reproduction and making available to the public of a press publication by the information 
society service provider in the manner referred to in Article 18(2) for the purpose o f making search results 
available through an internet search engine or through a social network. The provisions of paragraph 11  shall 
not apply if the publisher expressly refuses to grant the authorisation to exercise the right to use the press 
publication.  
(16) Paragraphs 10 to 13 shall not apply where the contract is concluded by a collective management 
organisation ." 
44. Article 90, including its title, reads:  
 
"Article 90 
Content of the sui generis  right of a maker  of a database  
(1) The maker of the database has the right to use the entire content of the database or a qualitatively or 
quantitatively substantial part of it and the right to grant another the authorisation to exercise this right.  
(2) The use of the entire contents of the database or its qualitative ly or quantitative ly substantial part means  
a) making a permanent or temporary direct or indirect reproduction of all or a substantial part of the contents 
of the database by any means or in any manner , 
b) making all or a substantial part of the c ontents of the database available to the public in tangible form by sale or other transfer of ownership of the original or a reproduction  of the database, by rental or any online 
connection or other means of transmission, including offering them for that p urpose.  
(3) The lending of the original or a reproduction of the database shall not constitute a use under paragraph 
2. 
(4) Repeated and systematic use of insubstantial parts of the content s of the database and other act that is 
not normal, reasonable and is detrimental to the legitimate interests of the database maker is not permitted.  
(5) The right of the maker of the database is transferable."  
45. In Article 91 and in the introductory part of Article 92, the words "extracts or utilises" shall be replaced 
by "uses".  
46. In Article 94, the words " Article 18(2) and (4)" are replaced by " Article 18(2), first sentence, Article 
18(4)" and the words " Article 30(1) and (3) and Articles 39a to 44" are replaced by the words " Article 30(1) and 
(3), Article 31a, Article 37(1)(a), Article 37b, Articles 39a to 44 and Articles 46 to 57".  
47. In Article 96a(3)(g), the word "and" is deleted.  
48. In Article 96a, at the end of paragraph 3, the  full stop shall be replaced with a comma and the letter i) 
shall be added and shall read as follows:  
"(i) the number of rightholders who have expressed an interest in the collective management of their rights 
by the applicant is sufficiently representative in terms of the type and number of protected subject  matter 
and, in the case of works, the types of wor ks whose use will be the subject of contracts concluded by the 
collective management organisation ." 
49. In Article 97d(1)(a), the words "and Article 87(2)" are added at the end of point 6.  
50. Article 97d(1) letter c) reads as follows:  
"(c) the right of use by retransmission of radio or television broadcast of works, live broadcast of artistic 
performances and artistic performances recorded on a phonogram or an audiovisual  recording, except such 
performances the phonogram of which has been released for commercial purposes, and the right of use by 
broadcast of phonograms other than those released for commercial purposes and audiovisual  recordings; and 
further except where  
1. the right of retransmission is exercised by the broad caster in connection with its own broadcast, regardless 
of whether the rights are its own rights or rights exercised under a contract with the rightholder,  
2. the broadcast ing by the original broadcaster is made exclusively through an internet access service and the 
retransmission is not made in a managed environment; for the purposes of this Act, a managed 
environment means an environment in which secure retransmission of a broadcast is provided to 
authorised users,".  
51. Article 97e(2) reads as follows:  
"(2) Par agraph (1) shall not apply to audiovisual works or works  audiovisually  used, with the exception of  
musical  works  audiovisually  used, in respect of the uses referred to in paragraph (4)(c) and (e), or to a rightholder  
for whom collective management is exercised pursuant to paragraph (1) not on the basis of a contract and who 
excludes the effects of a collective agreement in respect of a particular use and a particular user or in respect of 
the collective manage ment org anisation  in respect of all cases of a particular use; the provisions of Article 
104a(2) and (3) shall apply mutatis mutandis.  If the rightholder excludes the effects of a collective agreement, the use of the subject matter under the previously concluded c ollective agreement shall be terminated within a 
reasonable time after the user becomes aware of the exclusion of the effects of the collective agreement. The 
collective management organisation  shall inform the user within a reasonable period of time in an  appropriate 
manner of the exclusion of the effects of the collective agreement by the rightholder."  
52. In Article 97e(3), the words "not by contract" shall be inserted after the words "pursuant to paragraph 
1" and the words "pursuant to paragraph 2" shall be  inserted after the words "to exclude the effects of a collective 
agreement".  
53.  Article 97e(4) letter (c) reads as follows:  
"(c) the use of the work by radio or television broadcasting or in the provision of an ancillary online service 
pursuant to Article 21a(1)(a),".  
54. In Article 97e(4)(h), the words "by this library" are deleted.  
55. In Article 97e(4)(i), the words "and making available such a reproduction of the work" are replaced 
by "under Article 97f and distributing or communicating such a reproduction of the work to the public".  
56. In Article 97e, at the end of paragraph 4, there is a full stop  that shall be replaced with a comma and 
letters m) and n) shall be added and shall read as follows:  
"(m) the making of a reproduction of a work and the distribution or communication to the public of a 
reproduction of an  out-of-commerce work not referred to in subparagraph (i) and of another out-of-commerce  
subject matter in the collections of a cultural heritage institution in the manner referred to in Article 37b(1),  
n) the rights of use by the retransmission of radio or television broadcasts of works, live broadcasts of 
artistic performances and artistic performances recorded on a phonogram or an audiovisual recording, except 
such performances the phonogram  of which has been released for commercial purposes, and the rights of use in 
the retransmission of phonograms other than those released for commercial purposes and audiovisual 
recordings; and, furthermore, except where the right of retransmission is exerc ised by the broadcaster for its own 
broadcast, whether the rights are its own or are exercised under a licence agreement with the rightholder, where  
1. the original broadcast is made via an internet access service, or  
2. the retransmission of the broadcast takes  place via an internet access service in an unmanaged 
environment".  
57. In Article 97e, a new paragraph (6) is inserted to read as follows:  
"(6) The collective management organisation shall inform about the functioning of the mechanism referred 
to in paragraph s 1 to 5 on its website.".  
58. After Article 97e new Article 97ea is added, which reads:  
 
“Article 97ea  
(1) Where a collective management organisation grants, by a collective agreement pursuant to Article 
98a(2), an authorisation to exercise the rights of use of the subject  matter of protection referred to in Article 
97e(4)(i) or (m), unless otherwise agreed, the authorisation so granted shall extend to the territory of all Member 
States of the European Union and the States of the European Economic Area.  
(2) The autho risation to exercise the rights to use the subject matter of protection pursuant to Article 
97e(4)(i) or (m) under the conditions referred to in paragraphs 1, 3 and 4 shall be granted to a cultural heritage 
institution established in the territory of the C zech Republic by a collective management organisation which has obtained an authorisation to exercise collective rights management pursuant to this Act.  
(3) The provisions of paragraph 1 shall apply only to a work, artistic performance or phonogram or 
audiovis ual recording, a database protected by a sui generis right of the maker of the database or a press 
publication if information identifying the subject matter and the rightholder and the manner and extent of use 
referred to in paragraph 1 and information on the possibility for the rightholder to exclude the effects of a 
collective agreement pursuant to Article 97e(2) has been published in a permanent manner on the Portal of Out -
of-commerce Works established and maintained by the European Union Intellectual Pr operty Office14) and on 
the website of that institution at least 6 months before they have been used by the cultural heritage institution 
pursuant to paragraphs 1 and 2 and Article 97e (4) (i) or (m).  
(4)  Article 97e(4)(m) shall not apply to collections of out-of-commerce works and other subject matter if 
it has been established, after reasonable efforts have been made, that such collections predominantly consist of 
a) works other than cinematographic or audio visual  
 which have been first published or, in the absence of publication , first broadcast in a third country,  
b) cinematographic or audiovisual works , of which the  producers have their headquarters or habitual 
residen ce in a third country, or  
c) works or other subject  matter of third country nationals , where it  has not been possible, even after 
reasonable efforts have been made, to identify a Member State of the European Union or of the European 
Economic Area or a third country in accordance with points (a) and (b).  
(5) The provisions of paragraph 4 shall not apply where the number of rightholders who are nationals of 
third countries or who have their headquarters  or habitual residen ce in a third country, whose rights are managed 
by the collecti ve management  organisation under a contract pursuant to Article 97g, is sufficiently representative 
in terms of the type and number of registered subject  matter and, in the case of works, the types of works."  
59. In Article 97f(1), the words "of the Czech Republic (hereinafter referred to as “the National Library ”)" 
shall be inser ted after the word "library".  
60. In Article 97f(3)(a), after the word "expression" the words ", which is in particular the subsequent 
publication of the work or publication in electronic form," are inserted and the words "network and" are replaced 
by the word  "network,".  
61. In Article 97f (3) a new letter b) is to be inserted after the letter a) which shall read:  
"(b) the year of publication of the work precedes by at least 20 years the year in which the proposal for 
inclusion of the work in the list was made; and".  
The existing letter (b) shall become letter (c).  
62. In Article 97f(5), the words "or the publisher" are inserted after the words "rightholder".  
63. In Article 98, a new paragraph (8) is inserted to read as follows:  
"(8) The provisions of the Civil Code on t he right to a proportionate and fair additional remuneration for 
the grant of a licence and on the obligation of the licensee or sub -licensee to provide the author with regular, up -
to-date, relevant and complete information on the use of the work39) shall not apply to the contracts referred to 
in paragraph 1."  
64. In Article 98c(4), the last sentence is replaced by 'The provisions of the first, second and third sentences 
shall not apply to operators of live public production and suppliers of live public production if there will be or 
have been  performed only traditional culture expressions of a musical nature within the meaning of Article 3(b), where the true name of the author is not generally known, or where all the rightholders of the work are supplier s 
of the production in question and at the same time do not have a contract with the collective management 
organisation  for the management of the right of the live performance of the work, or only works in public domain 
will be performed."  
65. In Article 98f(1 ), the words " Article 101 et seq." shall be replaced by " Article 53 et seq. and 101." and 
the text " Article 101f(1)" shall be replac ed by " Article 57(1)".  
66. In Article 98f paragraph 4 is repealed.  
67. In Article 99e(3), the words "and Article 87(2)" are inserted after " Article 37(2)", the words "75 %" 
are replaced by "45 %", the words "and 25 %" are replaced by "15 %" and the words "and 40 % to publishers of 
published works" are added at the end of the paragraph.  
68. In Part One, Title IV, Volume 4, the words "in the exercise of collective management" are added at the 
end of the heading of Section  9. 
69. Article 101, including its title, reads:  
 
"Article 101 
Use of a mediator  in collective management  
Interested parties may use one or more mediators  from the list of mediat ors to mediate the negotiation of 
a collective agreement, a collective contract, an agreement under Article 97g, the negotiation of a tariff or the 
settlement of disputes arising in the exercise of collective management ." 
70. Articles 101a to 101f, including t he headings, are deleted.  
71. In Article 104a, the text '' Article  98(2)'' is replac ed by '' Article  98(2) and (8)'' and the words '' Article  
99f(1)(a) to (c) and (f) to (h)'' are replac ed by '' Article  99f(1)(a) to (d) and (f) to (h)''.  
72. In Article  104a the existing text is designated as paragraph (1) and paragraphs (2) and (3) shall be 
inserted, which shall read as follows:  
"(2) Within 15 days from the date of receipt of the information on the registration number assigned pursuant 
to Article 104b(3 ), the independent rights manager shall provide a list of rightholders and subject matter  and 
demonstrate the management of those rights to the collective management  organisation  which performs  
collective management of the same rights in relation to the same subject matter and, in the case of a work, to the 
same type of work. The provision of the list and the demonstration of the rights managed under  the first sentence 
shall be upon receipt by t he respective collective management organisation deemed to be an expression of the 
will of all rightholders whose rights are managed by the independent rights manager to exclude the effects of a 
collective contract  under Article 97e. The provisions of para graph 3, second and last sentence, shall apply mutatis 
mutandis . 
(3) The independent rights manager shall be obliged to notify in writing to the collective management 
organisation which exercises collective management of the same rights in relation to the same subject matter 
and, in the case of a work, to the same type of work, any changes to the list provided to the collective management 
organisation pursuant to paragraph 2. Unless otherwise agreed between the collective management organisation 
and the ind ependent rights manage r, the scope and technical format of the information and the time period for 
which the independent rights manager has to provide the information referred to in the first sentence to the 
collective management organisation shall be determined by the collective management organisation . When 
deciding on the technical format for the provision of this information, the collective management organisation  
and the independent rights manager shall take industry rules into account, as  far as possible . 73. In Article  104b paragraph 4 is repealed.  
Former paragraphs 5 and 6 are hereby designated as paragraphs 4 and 5.  
74. In Article  105a(1)(a) and Article 105b(1)(a), the words ", a press publication" shall be inserted after the 
word "broadcast".  
75. In Article 105b(1)(e), the words '' Article  101f(2)'' shall be replaced by '' Article  56(3)'' and the word 
''or'' shall be deleted.  
76. In Article  105b, at the end of paragraph 1, the  full stop shall be replaced with a comma and letters g) 
and h) shall be added a nd shall read as follows:  
"(g) as an information society service  provider36) fails to negotiate  an authorisation to exercise the right to 
use a press publication in accordance with Article  87b(9) or breaches the obligation set out in Article  87b(14); 
or 
(h) as an information society service provider36) or as a publisher of a press publication, fails to provide 
data pursuant to Article  87b(11)."  
77. In Article  105b(2), the words "For an offence under paragraph 1(d)" shall be replaced by "For an  
offence under p aragraph 1(g) or (h), a fine of up to CZK 500,000 or up to 1% of the total annual worldwide 
turnover in the previous financial year of the person who committed the offence, whichever is higher, may be 
imposed for an  offence under paragraph 1(d)".  
78. In Article  105bb(1)(a), the words '' Article  104b(4) and (5)'' shall be replaced by ''Article  104a(2) and 
(3) or Article  104b(4)''.  
79. In Article  105bb(1)(b), the words ''99f(1)(a) to (c), (f) to (h)'' shall be replaced by the words “Article  
99f(1)(a) to (d) and (f) to (h)“ .  
80. In Article  105c(1), the words "or (g)" are added at the end of letter (a).  
81. In Annex 1, point 9, the words ''and in Article  87(2)'' shall be inserted after '' Article  37(1)''.  
82. In Annex 1, point 10, the amount ''CZK 0.50'' shall be  replaced by ''CZK 1.70''.  
 
Art. II  
Transitional Provisions  
1. Legal relations established before the date of entry into force of this Act and the rights and obligations 
arising therefrom, as well as rights arising from liability for breach of contracts concluded before the date of 
entry into force of this Act, shall be governed by the existing legal provisions.  
2. The provisions of Article  21a of Act No. 121/2000 Coll., as in force from the date of entry into force of 
this Act, shall apply to cont racts in force on 7 June 2021, which grant a licence to use the subject matter in the 
ways referred to in Article  21a(1), as from  7 June 2023 if they expire after that date.  
3. The right provided for in  Article 87b of Act No. 121/2000 Coll., as amended as of the effective date of 
this Act, shall n ot apply to  a press publication first published before 6 June 2019.  4. The provisions of Article 97d(1)(c) and Article 97e(4)(c) of Act No. 121/2000 Coll., as in force from 
the date of entry into force of this Act, shall  apply to contracts in force on 7 June 2021 granting a licence for the 
use of the subject  matter by radio or television broadcasting or its retransmission, in the case where the 
broadcaster supplies programme signals to the retransmission operator in the m anner referred to in the second 
sentence of Article 21(1) of Act No. 121/2000 Coll ., in the version being in force from  the date of entry into 
force of this Act, as of 7 June 2025, provided that they do not expire after that date.  
5. Mediators registered  by the Ministry of Culture in the list of mediators pursuant to Article 101a of Act 
No. 121/2000 Coll., as in force before the date of entry into force of this Act, shall be deemed to be mediators 
registered in the list of mediators pursuant to Article 54 of Act No. 121/2000 Coll., as in force from the date of 
entry into force of this Act.  
 
PART TWO  
Amendment of the Trade Licensing Act  
 
Art. III  
In Article 3 of Act No. 455/1991 Coll., on Trade Enterprise (Trade Licensing Act), as amended by Act No. 
273/1993 Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll ., 
Act No. 286/1995 Coll., Act No. 147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll., Act No. 
217/1997 Coll., Act No. 15/1998 Coll., Act N o. 167/1998 Coll., Act No. 356/1999 Coll ., Act No. 360/1999 Coll., 
Act No. 363/1999 Coll., Act No. 122/2000 Coll., Act No. 123/2000 Coll., Act No. 151/2000 Coll., Act No. 
158/2000 Coll., Act No. 362/2000 Coll., Act No. 256/2001 Coll, Act No. 477/2001 Coll. , Act No. 162/2003 
Coll., Act No. 224/2003 Coll., Act No. 38/2004 Coll., Act No. 167/2004 Coll., Act No. 257/2004 Coll., Act No. 
499/2004 Coll., Act No. 127/2005 Coll., Act No. 253/2005 Coll ., Act No. 62/2006 Coll., Act No. 109/2006 Coll., 
Act No. 179/2006  Coll., Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 
254/2008 Coll., Act No. 285/2009 Coll ., Act No. 155/2010 Coll., Act No. 160/2010 Coll., Act No. 152/2011 
Coll., Act No. 375/2011 Coll., Act No. 428/2011 Coll., Act No. 53/2012 Coll., Act No. 199/2012 Coll., Act No. 
202/2012 Coll., Act No. 221/2012 Coll ., Act No. 241/2013 Coll., Act No. 303/2013 Coll., Act No. 127/2014 
Coll., Act No. 91/2016 Coll., Act No. 188/2016 Coll., Act No. 258/2016 Coll., Act No. 304/2016 Coll., Ac t No. 
204/2017 Coll., Act No. 261/2017 Coll., Act No. 171/2018 Coll., Act No. 255/2019 Coll., Act No. 336/2020 
Coll. , and Act No. 543/2020 Coll., the following comma shall be  replaced by  the full stop at the end of paragraph 
2 and the following point (m) s hall be added:  
"(m) mediators registered  under the Copyright Act."  
 
PART THREE  
Amendment to the Act on the Right to Environmental Information.  
 
Art. IV  
In Article 11c (1) of Act No. 123/1998 Coll., on the right to  environmental  information, as amended by Act 
No. 380/2009 Coll., Act No. 83/2015 Coll., Act No. 241/2022 Coll. , the words '' re-utilisation and extraction'' 
shall be replaced by the word ''use'' . 
 
PART FOUR  
Amendment to the Criminal Code  
 
Art. V  In Article 270(1) of Act No. 40/2009 Coll., the Criminal Code, as amended by Act No. 86/2015 Coll., the 
words ", press publication" are inserted after the word "broadcast".  
 
PART FIVE  
Amendment to the Act on Basic Registers  
 
Art. VI  
Act No. 111/2009 Coll., on Basic Registers,  as amended by Act No. 100/2010 Coll., Act No. 424/2010 
Coll., Act No. 263/2011 Coll., Act No. 167/2012 Coll., Act No. 303/2013 Coll., Act No. 312/2013 Coll., Act 
No. 192/2016 Coll., Act No. 298/2016 Coll., Act No. 456/2016 Coll., Act No. 460/2016 Coll., A ct No. 251/2017 
Coll., Act No. 303/2017 Coll., Act No. 279/2019 Coll., Act No. 12/2020 Coll., Act No. 33/2020 Coll., Act No. 
47/2020 Coll., Act No. 51/2020 Coll., Act No. 36/2021 Coll., Act No. 88/2021 Coll., Act No. 261/2021 Coll., 
and Act No. 284/2021 Co ll., is amended as follows:  
1. In Article 62(1), the words "the extraction50) of its contents" are replaced by "the making of a permanent 
or temporary direct or indirect reproduction of all or a substantial part of its contents  by any means or in any 
manner50)". 
2. Article 69(1)(h) shall read as follows:  
"(h) operating conditions and description of the interface for access in a way that enables remote access to 
the data of the register of territorial identification and real estate and to make a permanent or tempo rary direct or 
indirect reproduction of the entire content of the database or its essential part, by any means or in any way.  
 
PART SIX  
Amendment to the Civil Code  
 
Art. VII  
Act No. 89/2012 Coll., the Civil Code, as amended by Act No.  460/2016 Coll., Act No. 303/2017 Coll., 
Act No. 111/2018 Coll., Act No. 171/2018 Coll., Act No. 33/2020 Coll., Act No. 163/2020 Coll., and Act No. 
192/2021 Coll., is hereby amended as follows:  
1. Article 2374 reads as follows:  
 
"Article  2374  
(1) When  negotiating the remuneration for the grant of the licence , account shall be taken in particular of 
the purpose of the licence, the manner and circumstances of use of the work, the extent of the author's creative 
contribution and the territorial, temporal and quantitative scope of the licence. The remuneration may be agreed 
as a fixed amount only in justified cases and with regard to the specificities of each sector . 
(2) Where the  negotiated  remuneration for the granting of a licence is so low that it is clearly 
disproportionate to the profits from the use of the licence and the relevance of the subject of the licence for 
gaining such profit, the author has the right to a proportionate and fa ir additional remuneration. Arrangements 
excluding or limiting the author's right to additional remuneration shall not be taken into account; this shall also 
apply if the author waives this right.  (3) In the absence of agreement between the parties on the amou nt of the additional remuneration, the court 
shall determine the amount of the additional remuneration, taking into account particularly the amount of the 
original remuneration, the revenue obtained from the exploitation of the licence, the importance of t he work for 
the obtaining of such revenue and the usual remuneration in comparable cases.  
2. After Article 2374, new Article 2374a is inserted, which reads:  
 
“Article 2374a  
(1) The licensee to whom the licence has been granted for remuneration shall submit to the author, on a 
regular basis, at least once a year, while maintaining a high level of transparency in each sector and taking into 
account the specificities of each sector,  an up  to-date, relevant and comprehensive information about the use of 
the copyright work. The information shall be provided to the extent reasonable in the circumstances, taking  into 
account particularly the costs in relation to the revenue derived from the use of the copyright work . If such 
disclosure is unproportionate , the licensee shall provide information about the use of the copyright work at least 
of the type and level of detail that can reasonably be expected in such a case.  
(2) If the author's contri bution to the work as a whole is not significant, the author may request information 
about the use of the work if he proves that he requires it in order to exercise the right to additional remuneration.  
(3) If a sub -licence has been granted for the use of the copyright work, the licensee shall provide the author, 
at his request, with information about the use of the copyright work on the basis of the sub -licence granted; if 
the licensee does not have information about the use of the copyright work on the basis of the sub -licence granted, 
or if such information cannot be obtained from the licensee for any other reason, the sub -licensee shall provide 
such information to the licensee at his request.  
(4) Arrangements excluding or limiting the author's right under paragr aphs 1 to 3 shall be disregarded. 
This also applies if the author waives this right.''  
3. The heading of Article  2378 shall read as follows:  
 
"Withdrawal from the licence agreement and limitation of the licence due to inactivity of the licen see". 
4. Article  2378 reads as follows:  
 
"Article  2378  
(1) If the licen see does not use the exclusive licence at all, the author may withdraw from the licence 
agreement or limit the licence as to the ways of using the work or the scope of the ways of use. This does not 
apply if the non -use of the licence is caused by circumstances predominantly attributable to the author.  
(2) If a work contains contributions from multiple authors, only all authors may withdraw from the licence 
agreement or limit the licence by mutual agreement. If  they fail to agree, the court shall, on the application of 
any of the other authors, substitute a declaration of intent by the dissenting author, if there is good reason to do 
so and if the dissenting author can fairly be required to do so.  
(3) The author may  withdraw from the licence agreement or limit the licence for the reasons set out in 
paragraph 1 only after he invites the licen see to make use of the licence within a reasonable period of time from 
the delivery of the invitation and the licensee fails to m ake use of the licence despite the invitation. The author 
must notify the licensee in the notice of the possibility to withdraw from the contract or to limit the licence after 
the expiry of the time limit. No notification is required if the use of the lice nce by the licensee is not possible or if the licensee declares that he will not use the licence. Upon the expiration of the time limit, the author may 
choose to terminate the exclusive nature of the licence instead of withdrawing from the contract or limi ting the 
licence."  
 
5. In Article  2379(1), the words "or limitation of the licence" shall be inserted after the word " licence 
agreement ". 
6. In Articles  2379(2) and 2380, the word "sufficient" is deleted.  
7. Article  2381 reads as follows:  
 
"Article 2381  
(1) If the licence has not been used at all, the author shall reimburse the licensee the remuneration received 
from him under the licence agreement from which he has withdrawn; if the author has limited the licence or 
terminated the exclusive nature of the lic ence, the part of the sentence before the semicolon shall apply mutatis 
mutandis. The remuneration for the use made after the time  of limitation of the licence or termination of its 
exclusive nature shall be adjusted mutatis mutandis . 
(2) If the licensee  was obliged to use the licence and has breached this obligation, the author's right to 
remuneration remains unaffected by the termination of the licence agreement or the limitation of the licence due 
to the licensee's inactivity . If the remuneration was a greed on the basis of the proceeds from the use of the 
copyright work, the author shall be deemed to have acquired the right to remuneration in the amount which 
would have accrued to him if the licensee had used the licence at the time before the terminati on of the licence 
agreement  or the limitation of the licence."  
8. In Articles 2388 and 2389, the words "the right provided for in Article 2374" are replaced by "the rights 
provided for in Articles 2374 and 2374a".  
9. At the end of footnote 1, the sentence "Directive (EU) 2019/790 of the European Parliament and of the 
Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 
96/9/EC and 2001/29/EC" shall be added on a separate line.  
 
PART SEVEN  
FORCE  
Art. VIII  
This Act shall enter into force on the fifteenth day after it is announced.  
 
Pekarová Adamová  signed  
Zeman,  signed  
by proxy Jurečka  signed