WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/CZE/C/5 
14 April 2008 
 (08-1731) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 anglais  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
CZECH REPUBLIC 
  The present document reproduces the text
1 of the Consolidated Version of Act No. 121/2000 
Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended by Act No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 
Coll., as notified by the Czech Republic under Article 63.2 of the Agreement (see document 
IP/N/1/CZE/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
RÉPUBLIQUE TCHÈQUE 
 
 Le présent document contient le texte1 de la version consolidée de  la Loi n° 121/2000 sur le 
droit d'auteur et les droits liés au droit d'auteur et sur les modifications apportées à certaines lois (Loi 
sur le droit d'auteur), telle que modifiée par la Loi n° 81/2005, la Loi n° 61/2006 et la 
Loi n° 216/2006, qui a été notifiée par la République tchèque au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/1/CZE/2).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
REPÚBLICA CHECA 
  En el presente documento se reproduce el texto
1 de versión refundida de  la Ley Nº 121/2000, 
sobre Derecho de Autor y Derechos Conexos y Enmie nda de ciertas leyes (la "Ley sobre Derecho de 
Autor"), modificada por las Leyes Nº 81/2005, Nº  61/2006 y Nº 216/2006, que la República Checa ha 
notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/CZE/2). 
                                                      
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/CZE/C/5 
Page 2  
 
   
THE PRIME MINISTER   
 
Hereby makes the following provisions: 
Consolidated version of Act No. 121/2000 Coll. , on Copyright and Rights Related to 
Copyright  and on Amendment to Certain Acts (th e Copyright Act), as amended by Act 
No. 81/2005 Coll., Act No. 61/2006 Coll. and Act No. 216/2006 Coll. 
 
COPYRIGHT ACT 
 
The Parliament adopted the foll owing Act of the Czech Republic: 
PART ONE 
COPYRIGHT AND THE RIGHTS RELATED TO COPYRIGHT  
 
Article 1 
Scope of Application 
This Act implements the relevant legislation of the European Communities1) and regulates:  
   a) The right of an author to his work;    b) Rights related to copyright: 
1. The rights of a performer to his artistic performance; 
2. The right of a producer of a phonogram to his phonogram;  
3. The right of a producer of an audiovisual fixation to his fixation;  4. The right of a radio or television broadcaster to his broadcast; 
5. The rights enjoyed, in respect of a previously unpublished work, by the person who, after the expiry of 
copyright protection, for the first time lawfully made the work public; 
6.  The right of a publisher to remuneration in connection with the making for personal use of a copy of the 
work published by him; 
   c) The rights of a database maker to his database;    d) Protection of rights under this Act; 
   e) Collective management of copyright and of rights related to copyright.  
                                                      
1) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs. 
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain 
rights related to copyright in the field of intellectual property, as amended. 
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable  to satellite broadcasting and cable retransmission. 
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and 
certain related rights, as amended. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal 
protection of databases. 
Directive 2001/29/EC
 of the European Parliament and of the Council of 22 May 2001 on the 
harmonisation of certain aspects of copyright and related rights in the information society. 
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the 
resale right for the benefit of the au thor of an original work of art. 
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the 
enforcement of intellectual property rights.  IP/N/1/CZE/C/5 
 Page 3 
 
 
  TITLE I 
COPYRIGHT 
 
VOLUME 1 
Subject Matter of Copyright 
 
Article 2 
Author `s work 
  (1)  The subject matter of copyright shall be a literary work or any other work of art or a scientific 
work, which is a unique outcome of the creative activity of the author and is expressed in any objectively perceivable manner including electronic form, permanent or temporary, irrespective of its scope, purpose or 
significance (hereinafter referred to as “work”). A work shall be, without limitation, a literary work expressed 
by speech or in writing, a musical work, a dramatic work  or musical-dramatical work, a choreographic work and 
pantomimic work , a photographic work and a work produced by a process similar to photography, an 
audiovisual work such as a cinematographic work, a work of fine arts such as a painting, graphic or sculptural 
work, an work of architecture including an urban design work, a work of applied art, and a cartographic work. 
      (2) A computer program shall also be considered a work if it is original in the sense that it is the 
author’s own intellectual creation. A database which by th e way of the selection or arrangement of its content is 
the author’s own intellectual creation, and in which th e individual parts are arra nged in a systematic or 
methodical way and are individually accessi ble by electronic or other means, is  a collection of works. No other 
criteria shall be applied to determine their eligibility for that protection. A photograph or a work produced by a 
process similar to photography, which are original in the sense of the first sentence, shall be protected as a photographic work.  
 (3) Copyright shall apply to the work in its entirety, to its individual developmental phases and to parts of 
the work, including its title and the names of its characte rs, if these comply with the conditions stipulated in 
Paragraph (1) or in Paragraph (2) a bove, provided that the items are subject to copyright as defined by that 
paragraph . 
 (4) A work which is the outcome of the creative ad aptation of another work, including its translation 
into another language, shall also be subject to copyright. This shall be without prejudice to the rights of the 
author of the adapted or translated work. 
 (5) A collection like a journal, encyclopaedia, anthology, exhibition, or any other collection of 
independent works or other elements that by reason of their selection and of the arrangement of the content meet 
the conditions set out in Paragraph 1 above, is a collection of works.     
 (6) The items that are not works he reunder, shall include, but are not li mited to the theme (subject) of a 
work as such, the news of the day and any other fact as such, an idea, procedure, principle, method, discovery, 
scientific theory, mathematical and similar formula, statistical diagram and similar item as such.  
 
Article 3 
Public Interest Exceptions in Copyright  
Copyright protection shall not apply to: 
   a) an official work, such as a legal regulation, decision, public charter, pub licly accessible register and 
collection of its documents, and also any official draft of an official work and other preparatory official documentation including the official translation of such work, Chamber of Deputies and Senate publications, 
a memorial chronicle of a municipality (municipal chroni cles), a state symbol and symbol of a municipality, 
and any other such works where there is public interest in their exclusion from copyright protection, 
   b) creations of traditional folk culture, unless the real name of the author is commonly known and the works 
are anonymous or pseudonymous (Article 7); such works may only be used in a way that shall not detract 
from their value. IP/N/1/CZE/C/5 
Page 4  
 
  Article 4 
Making Work Public and Publication of Work 
 (1) A work is made public by its first authorised public recitation, performance, showing, exhibition, 
publishing or any other way of making available to the public. 
 (2) The work is published by commencing of authorised public distribution of its reproductions. 
 
VOLUME 2 
Authorship  
Article 5 
Author 
 (1) Author is the natural pe rson who created the work.  
 (2) Author of a collection of works is the natural person who selected and arranged works in a creative 
way; the rights of authors of works included in the collection shall not be affected thereby.  
 
Article 6 
Legal Presumption of Authorship 
Author shall be the natural person whose real name is indicated in a usual manner on the work or is indicated 
with the work in the register administrated by the relevant collective rights manager, unless proven otherwise; 
this shall not apply in cases where such information is in conflict with other information so indicated. This provision shall also apply if such a name is a pseudonym, provided that the pseudonym used by the author 
evokes no doubt as to the author’s identity.  
 
Article 7 
Anonym and Pseudonym 
 (1) The identity of an author wh ose work has in accordance with his expressed will been made public 
without the indication of his name (anonymous work) or eventually unde r a pseudonym or under an artistic 
signature (pseudonymous work), may not be revealed without the consent of the author.  
 (2) Until such time as the author of an anonymous or pseudonymous work publicly reveals his identity, 
the author shall be represented in the exercise and protection of copyright for his work by the person who has 
made the work public, under that person’s name and on  the account of the author, un less proven otherwise; the 
public declaration of the author shall not be necessary if his real name is commonly known.  
 
Article 8 
Joint Authors 
 
 (1)  The copyright to a work that, until the time of its completion, was created by the creative 
collaboration of two or more authors as a single work (wor k of joint authors), shall belong to all the joint authors 
jointly and severally. Creation of a work by joint authors shall not be prejudiced if the creative contributions to 
the work by the individual joint authors can be distinguished, unless such contributions are capable of being used independently. 
 (2) A joint author shall not be a person who has contributed to the creation of the work merely by 
providing assistance or advice of a technical, administrative or expert nature or by providing documentation or technical material, or who merely ga ve the impulse to create the work. 
 (3) All the joint authors shall be both authorised and obliged, jointly and severally, in respect of any 
legal acts related to their joint work. 
  (4) Joint authors shall decide unanimously about the disposal of their joint work. Should one of the 
joint authors obstruct, without serious reason, the disposal of the work of joint authors, the remaining joint  IP/N/1/CZE/C/5 
 Page 5 
 
 
  authors may seek the substitution of his consent in court. Copyright protection of joint authors´ work against 
endangering or infringement may also be sought by an individual joint author independently.  
 (5) Unless otherwise agreed between the joint authors,  the share of each of the joint authors in the joint 
proceeds from the disposal of copyright in the work of joint authors shall be determined in proportion to the size 
of their creative contributions; if it is not possible to distinguish these contributions, the shares in the joint 
proceeds shall be equal.  
 
VOLUME 3 
Origin and Content of Copyright  
 
SECTION 1 
General Provisions 
 
Article 9 
Origin of Copyright 
 
 (1)  The copyright in a work shall arise at the moment  when the work is expr essed in any objectively 
perceivable form.  
 (2) Copyright in a work shall not become extinct by the destruction of the object through which the 
work is expressed.  
 
 (3)  The acquisition of the ownership right or of any other right in rem  to the object through which the 
work is expressed shall not imply auth orisation to exercise the right to use the work, unless otherwise agreed or 
unless otherwise stipulated herein. The extension to another person of authorisation to exercise the right to use 
the work shall not affect the property right or other rights in rem to the object through which the work is 
expressed, unless otherwise agreed or stipulated by special legal regulation. 
  
      (4) The owner or any other user of the object through which the work is expressed shall not be obliged 
to maintain such an object and protect it from destructi on, unless otherwise agreed or otherwise stipulated by 
special legislation or by this Act.  
Article 10 
Content of Copyright 
 
 Copyright shall include exclusive moral rights (Artic le 11) and exclusive economic rights (Article 12 et 
seq.).  
 
SECTION 2 
Moral Rights 
 
Article 11 
       (1) The author shall have the right to decide about making his work public. 
       (2) The author shall have the right to claim authorship, including the right to decide whether and in 
what way his authorship is to be indicated when his work is made public and further used, provided that the indication of authorship is normal in such use. 
    (3) The author shall have the right to the inviolability of his work, in particular, the right to grant 
consent to any alteration of, or other intervention in his work, unless otherwise stipulated herein. Where the 
work is used by any other person, such use may not be executed in a way that detracts from the value of the 
work. The author shall have the right of supervision over such other person’s compliance with this obligation IP/N/1/CZE/C/5 
Page 6  
 
  (author’s supervision), unless the nature of the work or its use implies otherwise, or unless it is not possible to 
fairly require the user to enable the author to exercise his right to  supervision. 
        (4) The author may not waive his moral rights; these rights are non-transferable and shall become 
extinct on the death of the author. This shall be without  prejudice to the provision of Paragraph (5) below.  
       (5) After the death of the author no one may arrogate authorship of the work; the work may only be 
used in a way which shall not detract from its value and, unless the work is an anonymous work, the name of the 
author must be indicated, provided that  such shall be a normal practice. Pr otection may be claimed by any of the 
author’s kin1a). They shall maintain this authorisation even if the protection of the copyright-related economic 
rights expired. Such protection may at any time also be claimed by legal persons associating authors or by the 
relevant collective rights manager hereunder (Article 97). 
 
SECTION 3 
Economic Rights 
 
Article 12 
Right to Use the Work 
      (1)  The author shall have the right to use his work in its initial form or in a form adapted by another 
person or otherwise modified, whether separately or in a collection or connection with any other work or 
elements, and to grant authorisation on a contractual basi s to any other person to exercise that right; the other 
person may use the work without such authorisation only in the cases stipulated herein. 
       (2) This right of the author shall not extinct with the granting of the authorisation under Paragraph (1) 
above; the author only has, within the scope arising out of  the contract, to suffer anot her person’s intervention in 
his right to use the work.  
       (3) The author shall have the right to demand of the owner of the object through which the work is 
expressed to make such an object available to him wher e this is necessary for the exercise of copyright in 
accordance with this Act. This  right may not be applied contrary to th e legitimate interests of the owner; the 
owner shall not be obliged to render such an object to the author; the owner  shall be obliged, however, to make 
a photograph or any other reproduction of the work at the request and expenses of the author and hand it over to 
the author. 
 (4) The right to use a work shall mean:  
a) The right to reproduce a work (Article 13), b) The right to distribute an original or a copy of the work (Article 14),  
c) The right to rent an original or a copy of the work (Article 15),  
d) The right to lend an original or a copy of the work (Article 16),  
e) The right to exhibit an original or a copy of the work (Article 17),  
f) The right to communicate the work to the public (Article 18), including, but not limited to:  
   1. The right to perform the work live or from a fixation, and the right of transmitting the performance of 
the work (Articles 19 and 20),  
   2. The right to broadcast the work (Article 21),  
   3. The right to retransmit of the broadcast of the work (Article 22),  
   4. The right of performing the broadcast of the work (Article 23).  
 (5) The ways of use of the work pursuant to Paragraph (4) are defined, for the purposes of this Act, by 
the provisions of Articles 13 to 23. A work may also be used in other way than the ways specified in Paragraph 4 (in other than in paragraph 4 specified ways).  
                                                      
1a) Article 116 of the Civil Code.  
  IP/N/1/CZE/C/5 
 Page 7 
 
 
  Article 13 
Reproduction 
  (1) The reproduction of a work shall mean the making of temporary or permanent, direct or indirect 
reproductions of the work or any part thereo f by whatever means and in whatever form. 
 
 (2) A work may be reproduced, in particular, in the form of a printed, photographic, audio, visual or 
audiovisual reproduction, in the form of erecting a work of architecture or in the form of any other three-
dimensional reproduction, or in an electronic form, including both its analogue and digital expression.  
Article 14 
Distribution 
 (1)  The distribution of the original or copies of a work shall mean making the work available in a 
tangible form by sale or other transfer of ownership of an original or to a copy of the work, including their offer 
for such purposes.  
 (2) The author’s distribution right , in the territory of a member state of the European Communities or any 
other Party to the Agreement on the European Economic Area, to the original or copy of a work, is exhausted by 
the first sale or any other first transfer of ownership to such  an original or a copy of a work in a tangible form, that 
was performed by the author or with the author’s consent in the territory of a member state of the European 
Communities or any other Party to the Agreement on the European Economic Area; rental right to the work and lending right to the work shall remain unaffected.   
 
Article 15 
Rental 
The rental of the original or a copy  of a work shall mean making the work available in tangible form for the 
purpose of direct or indirect economic or commercial advantage by providing the original or a copy of the work for a limited period of time.  
 
Article 16 
Lending 
The lending of the original or a copy of a work shall mean making the work available in tangible form through 
an establishment which is accessible to  the public not for the purpose of direct or indirect economic or 
commercial advantage by providing the original or a copy of the work for a limited period of time. 
 
Article 17 
Exhibition 
The exhibition of the original or reproduction of a work shall mean making the work available in a tangible form 
by making it possible to view or perceive in any other way the original or reproduction in particular of a work of 
fine arts, a photographic work, a work of architecture including an urban design work, a work of applied art, or a 
cartographic work.  
Communication to the Public 
Article 18 
General Provisions 
 (1) The communication of a work to the public shall mean making the work available in an intangible 
form, live or from a recording, by wire or wireless means. IP/N/1/CZE/C/5 
Page 8  
 
        (2) The communication of the work to the public pursuant to Paragraph (1) shall also mean making the 
work available in such a way that members of the public may access it from  a place and at a time individually 
chosen by them, especially by using a computer network or similar network. 
 (3) The communication of the work to the public shall not mean the mere operation of a facility 
enabling or ensuring such communication. 
      (4) The author’s right to communicate the work to the public shall not be exhausted by communicating 
it to the public as specified in Paragraphs 1 and 2. 
 
Article 19 
Live Performance of a Work and its Transmission 
      (1) The live performance of the work sha ll mean making available the work performed live by a 
performer, including, but not limited to, a live-recited literary work, live-performed musical work with or 
without words or of a dramatic or musical-dramatical, choreographic or pantomimic work performed live on stage. 
 
      (2) Transmission of the live performance of a work shall mean  making simultaneously available the 
live performance of the work by mean s of a loudspeaker, scr een or similar device lo cated beyond the space of 
the live performance, with the exception of the uses of the work pursuant to Articles 21 to 23. 
 
Article 20  
Performance of Work from Fixation and Transmission Thereof 
 (1)  The right to perform a work from a fixation shall mean making the work available from an audio or 
audiovisual fixation by means of a technical device, with the exception of the uses of  the work in accordance 
with Articles 21 to 23. 
 (2) Transmission of the performance of a work from a fixation shall mean making the work available 
simultaneously by means of a loudspeaker, screen or  similar device located beyond the space of the 
performance.  
Article 21 
Broadcasting 
 (1)  Broadcasting the work shall mean making the work available by means of radio or television or any 
other means of making of the work available designated to the communication the sounds or images and sounds 
or the representations thereof by wire or wireless, including transmission by cable or by satellite, by the original 
broadcaster. 
  (2) In this Act, satellite shall mean any satellite working on the frequency bands that are: 
   a) Reserved, under specific legal regulations in the telecommunications area, for th e transmission of signals to 
be received by the public; or 
   b) Reserved for closed communication from one point to another, provided that the circumstances of the 
individual reception of the signals are comparable to the circumstances referred to in clause a) above. 
      (3) Broadcasting by satellite pursuant to Paragr aph (1) shall mean that sounds, or sounds and images, 
or their expressions intended for reception by the public, are put into an uninterrupted chain of communication 
leading to the satellite and down towards the earth under the control and responsibility of the broadcasting 
organisation. Where the signals carrying signs, sounds or images are encoded, the broadcasting shall fall within the definition pursuant to Paragraph (1) if the broadcaster has facilitated, or has given consent to the facilitation 
of public access to decrypting device. 
 (4) Broadcasting a work as specified in Paragraph (1) above shall also mean making the work available 
through simultaneous, unabridged and unaltered broadcasting of the work by radio or television, if carried out 
by the same broadcaster.  
 (5) Broadcasting a work by satellite occurs in the territory of a member state of the European 
Communities or any other party to the Agreement on the European Economic Area if, under the control and  IP/N/1/CZE/C/5 
 Page 9 
 
 
  responsibility of the broadcaster, the signals carrying soun ds, or sounds and images, or their expression intended 
for reception by the public, are put into an uninterrupt ed chain of communication leading to the satellite and 
down towards the earth. 
(6) If satellite broadcasting is carried out in the territory of a state that does not provide a level of 
copyright protection comparable to or higher than that pr ovided by this Act, such satellite broadcasting shall be 
considered to have occurred in the territory of a member state of the European Communities or any other party 
to the Agreement on the European Economic Area, where:    
   a)  the station from which the signal carrying sounds, or sounds and images, or their expression intended for 
reception by the public, are transmitted to the satellite; or  
   b)  the broadcaster has its registered office, unle ss the circumstances specified in clause a) above exist. 
The right in respect of satellite broadcasting can be a pplied in relation to the person operating the station in 
accordance with clause a) above or the br oadcaster referred to in clause b).  
 (7) If the signals carrying sounds, or sounds and images, or their expression intended for reception by 
the public, are put into an uninterrupted chain of communication leading to the satellite and down towards the 
earth in the territory of a state that does not provide a level of copyright protection comparable to or higher than that provided by this Act, and if at the same time the station from which the broadcasting is being executed is 
not located in the territory of any other member state of the European Communities, then the satellite 
broadcasting of the work shall be deemed to have occurred  in the territory of that me mber state of the European 
Communities where the managing bodies are located of  the broadcaster upon whose initiative the broadcasting 
takes place. The rights hereunder may then be applied in relation to such a broadcaster. 
 
 
Article 22 
Retransmission of Broadcast 
      (1) The retransmission of the broadcast of a work shall mean making the work available by the 
simultaneous, unabridged and unaltered transmission of the radio or television broadcast of the work, wireless or 
by wire, if this is executed by an entity other than the original broadcaster of such broadcast.  
 (2) Cable retransmission of the broadcast of a work shall mean the radio or television broadcasting of 
the work in accordance with Paragraph (1) if it is exec uted by cable or microwave system. The provisions of 
Article 21 Paragraph (3), second sentence, shall apply mutatis mutandis . 
  (3) Enabling reception of a simultaneous, unabridg ed and unaltered radio or television broadcast on 
the receivers of the same building, or of adjacent buildings, which are functionally or spatially attached, via 
common house aerials, shall not be deemed as exploitation of the work, provided that only terrestrial unencoded analogue broadcasts can thus be received and that co mmon reception is not used fo r the purposes of direct 
economic or commercial benefit.    
 
Article 23 
Performing Broadcast  
Performing the broadcast of a work shall mean that the work broadcast by radio or television is made available 
by means of a facility technically capable to receive su ch broadcasts. Making the wo rk available by means of 
facilities technically capable to receive broadcasts  to guests accommodated within the provision of 
accommodation services shall not be considered, under Ar ticle 18 Paragraph (3), as performance of broadcast 
reception where such facilities are locat ed in the rooms intended for privat e use by the accommodated persons. 
Making the work so available to patients to whom health  care is provided in health care and medical facilities 
shall also not be considered, within the meaning of Artic le 18 Paragraph 3, as performance of a broadcast work. IP/N/1/CZE/C/5 
Page 10  
 
  SECTION 4 
Other Economic Rights 
 
Article 24 
Resale right  (Droit de suite)  
 (1) Where the original work of ar t that has been transferred by its author to the ownership of another 
person is subsequently sold for a purc hase price of EUR 1,500 or more, the author shall be entitled, in respect of 
any resale of the work, to royalty as set out in the Annex to this Act, provided that a gallery operator, auctioneer 
or any other person who consistently deals in works of art (hereinafter the “dealer”) takes part in such sale as a 
seller, purchaser or intermediary. 
 (2) The persons liable to pay the royalty under Paragraph (1) above to the relevant collective rights 
manager shall be the seller and the dealer jointly and severally. The collective rights manager shall allow the 
liable persons to inspect the Register referred to in Article 100 (1) (e). 
 (3) The original work of art as referred to in Para graph (1) above shall mean an y original work of art, 
including, but not limited to, a picture, a drawing, a pain ting, a collage, a sculpture, an engraving, a lithography 
or any other work of graphic art, a photograph, a tapest ry ceramics, an item of glassware and author jewellery, 
provided that they were created by artist himself or they  are copies considered to be original works of art. 
Copies that are deemed to be origin al works of art are such copies as were made in limited numbers by the 
author himself or under his authority and are numbered, signed or otherwise duly authorised by the artist.. The right to royalty as referred to in Paragraph (1) above sh all not apply to works of architecture in the form of a 
building, and works of applied art, unless they display the features of the original of a work of art,  and to the 
manuscripts of composers and writers.  
 (4) The right to royalty as referred to in Paragrap h (1) above shall not apply to the first resale if the 
seller obtained the original work of art directly from the au thor less than three years before that resale and if the 
purchase price of the orig inal work, when resold, do es not exceed EUR 10,000. 
 (5) For the purposes of exercising the right referred  to in Paragraph (1) above and for the calculation of 
the appropriate royalty, the purchase price shall be understood as the price net of  value added tax.  
 (6) The author and the collective rights managers are en titled, for a period of three years of the sale, to be 
provided by the dealer with any information that may be essential for securing the payment of the royalty under 
Paragraph (1). The dealer who takes part, as specified in Para graph (1) above, in the sale of the original work of art 
shall notify such sale to the relevant collective rights ma nager not later than by the end of January of the calendar 
year that follows the year in which the sale took place. The notification refe rred to in the preceding sentence shall 
contain specification of the originals of the works of art and information concerning the actual selling price. The royalty, based on the collective rights manager’s settlement , shall fall due in a period which shall not be shorter 
than 30 days, unless otherwise agreed between the collective rights manager and the dealer.   
 
Article 25 
Right to Remuneration in Connection with Repro duction of Work for Personal Use and for Legal 
Person’s Own Internal Use  
 (1) For works that were made public and may be reproduced:  
a)  for personal use by a natural person or for the own internal use by a legal person or a sole trader (Articles 
30 and 30a), using a device for making printed reproductions on paper or other similar base; or 
   b) for personal use by a natural person (Article 30) on the basis of an audio, audiovisual or any other fixation 
or broadcasting by the transfer thereof by m eans of a device to bl ank record carriers,  
the author is entitled to remuneration in conn ection with such reproduction of the work.  
      (2) The person liable to pay remuneration pursuant to Paragraph (1) shall be: 
a)  the producer of the devices for making reproductions of fixations, importer of such devices from third 
countries (hereinafter the “importer”) or consignee of such devices  from member states of the European 
Communities (hereinaft er the “consignee”);  
b)  the producer, importer or consignee of technical devices for making printed reproductions;   IP/N/1/CZE/C/5 
 Page 11 
 
 
  c)  the producer, importer or consignee of blank record carriers; 
d)  the carrier or forwarder in lieu  of the liable person pursuant to Paragraphs (a) to (c), unless that person 
informed the relevant collective rights manager without undue delay upon written request about the details necessary for the identification of the importer, consignee or producer;  
e) the provider of paid reproduction services, in the case of printed reproductions; provider of paid 
reproduction services shall also mean the person who makes available, for a consideration, the device for 
making printed reproductions.  
      (3) Entitlement to remuneration to be paid by the persons defined in Paragraph (2) (a) to (d) in 
connection with the reproduction of a work for individual  use shall pertain to the author at the time of the 
import, receiving or first sale of:   
a) Device for making reproductions of fixations;  
b) Device for making printed reproductions; c) Blank record carriers. 
  (4) Entitlement to the remuneration to be paid by the persons defined in Paragraph (2) (b) shall depend 
on the probable number of devices designated for making print reproductions of works under Article 30a. For the calculation of the amount of the remuneration in respect of the devices designated for making print 
reproductions, the probable number of these devices is set at 20 %. The remuneration is calculated on the basis 
of the average price of the device ex clusive of the value added tax.   
 (5) Entitlement to the remuneration to be paid by the persons defined in Para graph (2) (e) shall depend on 
the probable number of the print reproductions of works made  in accordance with  Article 30a. The rules set out in 
Points 6 and 7 of the Annex hereto shall apply to th e calculation of remuneration in respect of the print 
reproductions made.  
 (6) The persons referred to in Paragraph (2) above shall
 submit to the relevant collective rights 
manager – always in summary for half of the calendar year and not later than by the end of the following calendar month – information on the facts relevant for setting the amount of the remuneration, including, but not 
limited to, information on the type  and number of the sold, imported or received devices for making 
reproductions of fixations, devices for making printed  reproductions, and the blank record carriers, and also on 
the total number of the printed reproductions made by the devices for providing paid reproduction services. 
 (7) The Ministry of Culture (hereinafter the “Min istry”) shall issue a Decree to define the types of 
devices to make print reproductions and the types of blank record carriers on which a remuneration is to be paid 
in accordance with Paragraph (1) above  and also to define amount of th e lump-sum remuneration depending on 
the type of device for making the printed reproductions and types of blank record carriers. This Decree shall also 
define types of devices for making reproductions of fi xations on which a remuneration is to be paid in 
accordance with Paragraph (1) above; le vel of this remuneration is indicated  in the Annex to this Act.   
 (8) Remuneration shall not be paid where the devi ces referred to in Paragraph (3) (a) and (b) are 
exported or consigned for resale or where blank record carriers are exported or consigned for resale. Also, 
remuneration shall not be paid in the case of devices and blank record carriers if these are intended only to be 
used within the Czech republic  for th e reproduction of works on the basis of licence agreements by persons who 
use them so in the course of their own activities.
   
 
SECTION 5 
Common Provisions for Economic Rights 
 
Article 26 
      (1) Economic rights may not be waived by th e author; such rights are not  transferable and are not 
subject to the execution of a decision; this provision shall not apply to claims arising from such economic rights. 
      (2) Economic rights are inheritable. Where the economi c rights to the work are inherited by more than 
one heir, their mutual relations to the work shall be governed, mutatis mutandis , by Article 8 (3) and (4). If such 
economic rights are inherited by the State or the economic rights escheat to the State, then such rights shall be 
exercised by the State Fund of Culture of the Czech Republic2) in its own name, and, in the case of audiovisual 
                                                      
2) Act No.239/1992 Coll., on the State F und of Culture of the Czech Republic  IP/N/1/CZE/C/5 
Page 12  
 
  works, by the State Fund of the Czech Republic for Support  and Deve lopment of Czech Cinematography.3)  The 
incomes of the State from the exercise  of the economic rights, as exercised by the mentioned state funds, shall 
be treated as the revenu e of those state funds. 
     (3) In the event of termination of the legal ex istence of a legal person that inherited the economic 
rights to a work, and there is no successor in title, such righ ts shall escheat to the State. Provisions of 
Paragraph 2, second and third sentence, shall apply mutatis mutandis .   
      (4) The provisions of this Act concerning the auth or shall also apply to his heirs, or to the state, if the 
inheritance escheats to it according to Paragraphs 2 and 3,  unless nature of such provi sions indicates otherwise. 
 
SECTION 6 
Duration of Economic Rights 
 
Article 27 
 (1) Unless stipulated otherwise, economic rights shall run for the life of the author and 70 years after his 
death. 
 (2) If a work has been created as the work of joint authors, the period of duration of economic rights 
shall be calculated from the deat h of the last surviving author. 
 (3) Economic rights to an anonymous and pseudonymous work shall run for 70 years from the time 
when the work was lawfully made public. Where the real name of the author of the anonymous or pseudonymous work is commonly known, or  if the author declares his identity  in public [Article 7 (2)] during 
the course of the term pursuant to the first sentence, the duration of economic rights to such work shall be 
governed by Paragraph (1), and in the case of joint authors also by Paragraph (2). Provisions of this Paragraph shall also apply to a collective work (Article 59), except  in cases where the authors who created such a work are 
indicated as authors with the work or  on the work when it is made accessi ble to the public; in  such cases the 
duration of the economic rights in respect of a collective work is governed by the provisions of Paragraph (1) or (2) above.    
 (4) In the case of a work where th e death of the author is not decisi ve for the calculation of the period 
of duration of economic rights, and where the work has not been made public within 70 years from its creation, 
the economic rights shall expire at the end of this period.  
 (5) The period of duration of economic rights to an audiovisual work shall be calculated from the death 
of the last surviving of the following persons: the direct or, author of screenplay, au thor of the dialogues and  
composer of the music specifically creat ed for use in the audiovisual work. 
 (6) If the publication of a work is decisive for the start of the period of duration of economic rights, and 
the work is being published over a certain period of time in volumes, parts, instalment s, issues or episodes, the 
period of duration of the economic rights shall run for each such item of the work separately.  
 (7) The period of duration of economic rights shall be calculated always from the first day of the year 
following the year in which the event decisive for its calculation occurred. 
 
SECTION 7 
Work in Public Domain and Making the Work in Public Domain Public for the First Time 
 
Article 28 
(1) A work for which the period of duration of economic rights has expired may be utilised by 
anybody without any further provision; this shall be without prejudice to the provisions of Paragraph (2) and of 
Article 11 (5), first sentence. 
 
                                                      
3) Act No.241/1992 Coll., on the State Fund of the Czech Republic for Promotion and Development of C zech Cinematography, as amende d 
by Act No.273/1993 Coll.   IP/N/1/CZE/C/5 
 Page 13 
 
 
  (2) Whoever first makes public a still unpublished work for which the period of duration of economic 
rights has already expired shall be entitled to exclusive economic rights to the work thus made public as would have been enjoyed by the author of the work if th e economic rights to the work were still in effect. 
 
 (3) The right pursuant to Paragraph (2) shall run for 25 years from making the work public. The provisions of Article 27 (7) shall apply mutatis mutandis . 
 
Volume 4 
Exceptions and Limitations to Copyright 
 
SECTION 1 
General Provisions 
 
Article 29 
 
 (1) Copyright exceptions and limitations shall only be  applied in certain special cases specified herein 
and only if the use of a work in such  special cases shall not conflict with the normal exploitation of the work and 
shall not unreasonably prejudice the legitimate interests of the author..  
  (2)  Free uses and compulsory licences, except o fficial and reporting licences (Article 34), licence for a 
school work (Article 35 3), licence for temporary reproductions (Article 38a), licence for photographic portrait 
(Article 38b) and licence for immaterial accessory exploitation of the work (Article 38c), shall only apply to 
works that have been made public. 
 
SECTION 2 
Free Uses and Compulsory Licences 
 
Article 30 
Free Uses 
 (1) Not considered as exploitation of a work under this Act shall be its use for personal needs by a 
natural person without seeking to achieve direct or indi rect economic benefit, unless otherwise specified herein.  
 (2) Copyright shall therefore not be infringed by anybody who for his own personal use makes a 
fixation, reproduction or imitation of a work. 
 (3) Unless otherwise stipulated herein, use under this  Act shall also cover the cases where a computer 
program or an electronic database is used to serve a natu ral person to meet his personal needs or a legal person or 
sole trader for their own internal use, including the making of reproductions of such works for such needs and uses; 
use under this Act shall likewise cover the cases where a reproduction or imitation of an work of architecture is 
made in the form of a building also to serve a natural pers on for his personal use or a legal person or sole trader for 
their own internal use (Article 30a) and where a fixation of an audiovisual work is made while it is performed from 
a fixation or during its transmission (Article 20) also  to meet the personal needs of a natural person.  
 (4) A reproduction or imitation of a work of fine arts made from a natural person’s personal use in 
accordance with Paragraph (1) above shall al ways be visibly designated as such. 
 (5) A reproduction made for personal use by a natural person in accordance with Paragraph (1) above 
may not be used for any purpose other than indicated therein. 
 (6) The provision contained in Paragraph (1) shall be without prejudice to the provisions of Articles 25, 43 
and 44. 
 IP/N/1/CZE/C/5 
Page 14  
 
  Article 30a  
Reproduction on Paper or Other Similar Base 
 (1) Copyright is not infringed by: 
   a) a natural person who for its own personal use,   
   b) a legal person or a sole trader who for their own internal use,    c) anybody, who upon order, for personal use by a natural person,    d) anybody, who   upon order, for a legal person’s or a sole trader’s own internal use  
makes a printed reproduction of a work on paper or other similar base by the photographic technique or by any 
other process with similar effects, except where a prin ted reproduction is made of the musical notation of a 
musical work or musical – dramati cal work and where – in cases under Clauses (c) and (d) above – the 
remuneration is paid in a regular and timely manner in accordance with Article 25. 
 (2) Provisions of Article 30 (4) to (6) shall apply mutatis mutandis .  
 
Article 30b 
 Copyright is not infringed by anybody who uses a work to the necessary extent in connection with the 
demonstration or repair of a equipment for a customer.  
 
Article 31 
Quotations 
 (1) Copyright is not infringed by anybody who: 
   a)  In his own work uses to a justified extent excerpts from works of other authors which were made public;  
   b)  Uses excerpts from a work, or small works in thei r entirety, for the purposes of critique or review related to 
such a work and for the purposes of scientific or technical work and such use being made to the extent 
complying with fair practices and required by the specific purpose;  
   c) Uses the work while teaching for illustration purposes or during scientific research, without seeking to 
achieve direct or indirect  economic or commercial advantage and without exceeding the ex tent adequate to 
the given purpose;  
however, if possible, the name of the author, unless the work is an anonymous work, or the name of the person 
under whose name the work is being introduced in public and the title of the work and source, shall always be 
indicated, .  
 (2) Copyright shall likewise not be infringed by anybody who makes further use of excerpts from a 
work, or small works in their entirety, as referred to in Paragraph (1) (a) or (b); provisions of Paragraph (1) after 
the semicolon shall apply mutatis mutandis .   
Article 32 
Promotion of Exhibition of Works of Art and Sale Thereof 
 (1) Copyright shall not be infringed by anybody, who for the purposes of promoting an exhibition or sale 
of originals or reproductions of works of art, uses such wo rks to the extent necessary fo r the promotion of such an 
event and shall not use them in any other way for direct or indirect economic or commercial advantage. If usual, 
the name of the author, unless the work is an anonymous work, or the name of the person under whose name the work is being introduced in public, the title of the work and source shall always be indicated. 
 (2) In accordance with Paragraph (1) above, the catalogue of the exhib ited works may be used further.  
 
Article 33 
Use of a Work Located in Public Place 
 (1) Copyright is not
 infringed by anybody who records or expresses by drawing, painting, graphic art, 
photography or film a work permanently located on a square, in a street, in a park, on a public route or in any 
other public place; copyright sha ll likewise not be infringed by anybody who further uses a work so expressed,  IP/N/1/CZE/C/5 
 Page 15 
 
 
  rendered or recorded. If possible, the name of the author (unless the work is an anonymous work) or the name of 
the person under whose name the work is being introduced in public, the title of the work and its location shall 
be indicated . 
 (2)  The provisions of Paragraph (1) shall not apply to making a reproduction or imitation of a work of 
architecture in the form of erecting a building and to the reproduction and distribution of a work in the form of a three-dimensional reproduction. 
 
Article 34 
Official and Reporting Licences 
Copyright is not infringed by anybody who uses: 
   a)  to a justifiable extent a work on the basis of law for purposes of public security, for court or administrative 
proceedings or for any other official purpose, or for parliamentary procedures  and for taking minutes thereof;    
   b)  a work within the course of reporting on current ev ents to an extent adequate to the informative purpose;   
   c) to a justifiable extent, a work in periodical press or in broadcasting or in any other mass media providing the 
reporting on current political, economic or religious ma tters that have already been published via any other 
mass communication media – or the tr anslation thereof; a work so borro wed or the translation thereof may 
also be used otherwise; however, a work may not be so borrowed or further used if such borrowing or further 
use is explicitly forbidden; 
   d) a political speech or passages of a public lecture or similar works, to an extent adequate to the informative 
purpose; this shall be without prejudice to the author’s right to the use of such works in collection; 
in cases under b) to d), the name of the author (unless the work is an anonymous work) or the name of the 
person under whose name the work is being introduced in public, shall always be indicated; the title of the work and the source shall also be in dicated, unless this is impossible in cases under b) and d).   
 
Article 35 
Use of Work as Part of Civil and Religious Ceremon ies or as Part of Official Events Organised by 
Public Authorities or during School Performances, and Use of School Work  
  (1) Copyright is not infringed by anybody who uses a work during civil or religious ceremonies or 
during official events organised by public authorities, provided that this is not done for the purpose of any direct 
or indirect economic or commercial advantage.  
 (2) Copyright is not infringed by anybody who uses a work during school performances performed 
exclusively by the pupils, students or teachers of th e school or of the school-related or educational 
establishment, provided that this is not done for the purpose of any direct or indirect economic or commercial 
advantage. 
  (3) Copyright is not infringed by a school or school-related or educational establishment if they use for 
teaching purposes or to meet their own internal needs a work created by a pup il or student as a part of his school 
or educational assignments ensuing from his legal relationship to his school or the school-related or educational 
establishment (school work), provided that this is not done for the purpose of any direct or indirect economic or 
commercial advantage. 
  (4) The provision of Article 31 (1) of the sentence following the semicolon shall apply, mutatis 
mutandis , to Paragraphs (2) and (3).  
 
Article 36 
Limitation of Copyright to Collection of works 
Copyright to a collection of works shall not be infringed by the legitimate user of the collection of works if 
he uses such work for the purposes of accessing its cont ent and for the normal expl oitation of its content.  
 IP/N/1/CZE/C/5 
Page 16  
 
  Article 37 
Library Licence 
 (1) Copyright is not infringed by a library, archive, museum, gallery, school, university and other non-
profit school-related and educational establishment4):  
   a) if it makes a reproduction of a work for its own archiving and conservation purposes, and if such a 
reproduction does not serve any direct or indirect economic or commercial purpose;   
   b) if it makes a reproduction of a work whose reproduction has been damaged or lost, provided that it is 
possible to verify with the exertion of reasonable effo rt that it is not being offered for sale, or a print 
reproduction of a minor part of the work, if such part has been damaged or lost; it may also lend such a 
lawfully made reproduction in accord ance with Paragraph (2) below;   
   c)  if it makes available a work, including the making of a reproduction needed for such availability, which 
constitutes a part of its collections and the use thereof is not subject to purchase  or licensing terms,  except 
the communication of the work in the way specified in  Article 18 (2), to members of the public by dedicated terminals located on its premises, such a work being so made available exclusively for the 
purposes of research or private study of such member s of the public, provided that such members of the 
public are prevented from making reproductions of the work; this is without prejudice to the provisions of Article 30a (1) (c) and (d); 
   d)  if it lends the originals or reproductions of de fended degree theses, dissertations, doctoral and post-doctoral 
theses to on -the-spot reference use, provided that it sh all do so exclusively for the purposes of research or 
private study, and also provided that the author did not exclude such use.  
 (2) Copyright is not infringed by a person referred to in Paragraph (1) above where such a person lends 
the originals or reproductions of published works, if the remuneration that is due to the authors from the person 
indicated in the Annex to this Act is paid in the amount also indicated in that Annex. The author shall not be 
entitled to the remuneration if the published works are lent  hereunder to on-the –spot reference user if the 
originals or reproductions of the published works are lent by school and university libraries, the National 
Library of the Czech Republic, the Moravian Land Library in Brno, the State Technical Library, National 
Medical Library, the Comenius National Pedagogical Librar y, Library of the Institute  of Agricultural and Food 
Information, Library of the National Film Archive and the Library of the Parliament of the Czech Republic. 
 (3) Provisions of Paragraph (2) above shall not apply to the reproductions of works recorded in audio 
or audiovisual form, unless such works are lent to on-the-spot reference use. The person referred to in Paragraph 
(1) shall in such a case of lending prevent the possibility of making reproductions of the lent work fixed in audio 
or audiovisual fixation. 
 (4) Copyright is not infringed by a person referred to in Paragraph (1) above who, for the purpose of 
offering to lend and make available the content of its collections, uses a reproduction of a work or any part of it 
that was contained on the envelope, also  possibly including indication of the thematic content of the work in the 
catalogue of the collections; such a catalogue of collections may also be made available to the public, provided 
that the possibility of making reproductions of the work is prevented, where such a reproduction might be used 
for direct or indirect economic or commercial advantage. The person re ferred to in Paragraph 1 above shall 
always indicate in the collection catalogue the name of th e author, if possible, unless the work is an anonymous 
work, or the name of the person under whose name the work is being introduced in public. 
 (5) The person referred to in Paragraph 1 above shall upon request, if such a request may fairly be 
posed, submit information on the number of loans to the relevant collective rights manager, as well as the 
information the collective rights manager may need to be able to allocate the remuneration, and shall always do 
so in a summarised manner for the entire year not later than by the end of the subsequent calendar month.  
                                                      
4) Act No. 257/2001 Coll., on Libraries and on the Conditions of the Pr ovision of Library and Inform ation Services (the Library 
Act), as amended; 
 Act No. 122/2000 Coll., on the Protection of Collections of Museum Nature and on Amendment to Cert ain Other Acts, as amended; 
    Act No. 499/2004 Coll., on Archives and the Filing Serv ice and on Amendment to Certain Other Acts, as amended; 
    Act No. 561/2004 Coll., on Pre-school, Elementary, Secondary, Higher-level Professional and Othe r Education (the School Act ), as 
amended;  
    Act No. 111/1998 Coll., on Universities and on Amendment to  Certain Other Acts (the University Act), as amended.  IP/N/1/CZE/C/5 
 Page 17 
 
 
  Article 38 
Licence for Disabled 
 (1) Copyright is not infringed by anybody who: 
   a)  exclusively for the benefit of people with disabil ity and not for the purpose of direct or indirect economic or 
commercial advantage, makes a reproduction or has a re production made of a published work to the extent 
required by the specific disability; a reproduction so made may also be distributed and communicated by the 
same person, unless this is done for the purpose of di rect or indirect economic or commercial advantage;  
   b) exclusively for the benefit of people with vision disability and not for the purpose of direct or indirect 
economic or commercial advantage, provides the verbal expression of the visual component and adds it to 
the audio component of an audiovisual recording of an audiovisual work; the audio component of the 
audiovisual recording of an audiovisual work may also be reproduced, distributed and communicated by the same person, unless this is done for the purpos e of direct or indirect economic or commercial 
advantage. 
 (2) Copyright is not infringed by the person referred to in Article 37 (1), if the originals or 
reproductions of published works are lent to meet the n eeds of people with disability in connection with their 
disability. 
  (3) Provisions of Article 30 (5) shall apply mutatis mutandis . 
 
Article 38a 
Licences for temporary Reproductions 
 (1) Copyright is not infringed by anybody who performs temporary acts of reproduction of works that 
are transient or incidental and represent an integral and essential part of a technological process which have no 
any independent economic significance, and whose sole purpose is to enable:  
   a) Transmission of the work by an intermediary between third parties through a computer network or any 
other similar network; or 
   b) Lawful use of the work. 
 (2) If the author grants permission, on a contractual basis, for the broadcasting of his work, his 
copyright shall not be infringed by the radio or television broadcaster that makes an ephemeral recording, using 
its own facilities for his own broadcasting. 
 
Article 38b 
Licence for Photographic Portrait 
 Copyright is not infringed by anybody who makes a reproduction of a photographic work that is his 
own portrait and that he commissioned to be made for a consideration; a reproduction made in this way may 
also be used by the portrayed person for non-commercial purposes, unless such use is forbidden. 
 
Article 38c 
Incidental Use of a Work 
 Copyright is not infringed by anybody who uses a work incidentally, in connection with an intended 
primary use of another work or element.  
 
Article 38d 
Licence to Works of Applied Art and Works of Architecture  
 Copyright is not infringed by anybody (who):  
   a) leases, lends or exhibits the original or reproduction of a work of applied art expressed in its applied form or 
an work of architecture expressed in the form of erecting a building; IP/N/1/CZE/C/5 
Page 18  
 
     b) designs or executes to a necessa ry extent a change to a completed build ing in which an work of architecture 
is expressed, and provided that the value of such work  is preserved; if justified by the importance of the 
work of architecture and if such a request may fairly be posed, such a person shall notify his intention in 
advance to the author and shall upon request provide the author with the documentation of the building, 
including pictures that show th e state before the changes.    
 
Article 38e 
Licences for Social Facilities 
Copyright is not infringed by a health-care or social institution that was founded or established for non-
commercial purposes, particularly hospitals and prisons , which make reproductions of broadcasted works and 
perform such reproduced works to the persons located in such institutions to the extent adequate to the purpose of 
this licence. This shall be without prejudice to the right to remuneration under Article 25.   
 
Article 39 
Use of  an Original or a Reproduction of Work of Fine Arts or of a Photography or a Work Expressed in 
Manner Analogous to Photography by its exhibition  
 Copyright is not infringed by the owner of, or a person who borrows from the owner, the original or 
reproduction of a work of fine arts or of a photographic work or of a work produced by a process similar to 
photography, who exhibits such work or provides such work for exhibition free of charge, unless such use was banned by the author during the transfer of ownership to such an original or reproduction of the work, and the 
owner or borrower were aware of or must have been aware of the ban particularly because of the inscription of 
the ban in the register maintained for that purpose by the collective rights manager.  
 
VOLUME 5 
Copyright Protection 
Article 40 
 (1) An author whose rights have been infringed or whose rights have been exposed to danger of 
infringement may claim, in particular: 
   a) Recognition of his authorship; 
   b) Prohibition of the exposure of his right, including impending repetition of exposure, or of the infringement 
of his right, including, but not limited to, the prohibition of the unauthorized production, unauthorized 
commercial sale, unauthorized import or export of the original or reproduction or imitation of his work, 
unauthorized communication of the work to the public, as well as its unauthorized promotion, including advertising and other forms of campaigns;  
   c) Disclosure of details concerning the way and exte nt of unauthorised use, the origin of the illicitly  made 
reproduction or imitation of his work, the way and extent of the use thereof, the price thereof, the price of the service related to the unauthorised use of the work, and the identity of the persons involved in the 
unauthorised use, also including the persons for whom such reproductions or imitations were designated 
for the purpose of the provision thereof to a third party; the author may claim his right to information under this provision from the person who infringed or exposed his right and also, in particular, from the person 
who:   
1. possesses or possessed an illicitly made reproduction or  imitation of the author’s work for the purpose 
of direct or indirect economic  or commercial advantage;   
2. makes or made use, for the purpose of direct or indirect economic or commercial advantage, of any 
service that infringes or infringed the author’s ri ght, or that exposes or exposed it to danger;  
3. provides or provided, for the purpose of direct or indirect economic or commercial advantage, a service 
used within activities that infringe or infringed the auth or’s right, or that expose or exposed it to danger; 
4. has been identified by a person referred to under Items 1, 2 or 3 above as a person involved in the 
obtaining, production or distribution of a reproduction or imitation of the work or as a person involved in 
the provision of services that infringe the author’s right, or that expose it to danger;  IP/N/1/CZE/C/5 
 Page 19 
 
 
     d) Remedying the consequences of the infringement of his right, including, but not limited to: 
1. recall of the illicitly made reprodu ction or imitation of the work, or the device, product or component 
referred to in Article 43 (2) from channels of commerce or any other use; 
2. definitive removal from channels of commerce, and destruction, of the illicitly made reproduction or 
imitation of the work, or the device, product or component referred to in Article 43 (2); 
3. destruction of the illicitly made reproduction or imitation of the work, or the device, product or 
component referred to in Article 43 (2); 
4. destruction or removal of the materials and tools used exclusively or for the most part for producing the 
illicitly made reproduction or imitati on of the work, or the device, prod uct or component referred to in 
Article 43 (2); 
   e) Adequate satisfaction for the non-financial damage, in particular, in the form of: 
1. apology 
2. pecuniary satisfaction, if any other satisfaction proves unsatisfactory; the amount of the pecuniary 
satisfaction shall be determined by a court, which shall take into account, in particular, the gravity of the damage incurred and the circumstances in which the infringement of the right occurred; this shall not preclude an agreement to settle mutual obligations;  
   f) Ban on the provision of the service used by third pa rties to infringe the author’s right or expose it to danger. 
 
 (2) The measures under Paragraph (1) (d) have to be proportionate to the gravity of the infringement of 
the right and shall be imposed with respect to the intere sts of third parties particularly consumers and persons 
acting in good faith.
 
 (3)  The court may recognise in its judgment the right of  the author, whose claim has been acquitted, to 
publicize the decision at the expenses of the unsuccessful party and, depend ing on circumstances , also determine 
the scope, form and way of such publication.  
 (4)  The claim for damages and for unju st enrichment pursuant to a speci al law shall remain unaffected; 
in lieu  of the actual loss of profit, the author may claim compensation for the loss of profit in an amount that 
would have been normally paid for obtaining the respective licence at the time of unauthorised disposition of the 
work. The amount of unjust enrichment gained on the part of whoever unlawfully disposed of the work without 
being granted the necessary licence shall be deemed to be double the remuneration that would have been awarded under normal conditions at the time of unauthorised disposition of the work.  
 
Article 41 
Where the author grants another person exclusive auth orisation to exercise the right to use the work, or 
where such a person enjoys the exerci se of economic rights on a statutory ba sis, the right to lodge claims in 
accordance with Article 40 (1) (b) to (d) and (2) and (3 ) shall only pertain to the person whose exclusive 
authorisation acquired thus by contract or by statute has b een exposed to danger or infringed; the entitlement of 
the author to make the remaining claims, as well as in this context the claim pursuant to Article 40 (2), shall 
remain unaffected.  
 
Article 42 
 (1) The author may require the customs author ities and the authorities responsible for the state 
statistical service to provide him with information on the content and extent of imports or receiving of a 
commodity that:  
   a) is a reproduction of his work or an audio, audiovisual or any other fixation of such work;     b) is intended to serve as a carrier for the making of such a reproduction (blank record carrier); 
   c) is a device for making audio or audiovisual or other fixations or printed copies; or 
   d) is a device, product or component defined in Article 43 (2); 
and shall have access to the customs and statistical docum ents to the extent necessa ry to find out whether the 
import or receiving of such commoditie s for utilization in the entire territo ry of the Czech Republic is in 
compliance with this Act, or to learn details necessary for the enforcement of rights ensuing from this Act, or to 
learn the data needed for clai ming the rights ensuing hereof. IP/N/1/CZE/C/5 
Page 20  
 
   (2) Provisions of Paragraph (1) shall apply, mutatis mutandis , to the export or dispatch of the goods.   
 (3) The information referred to in Paragraphs (1 ) and (2) may also be requested by the relevant 
collective rights manager as well as by the legal person au thorised to defend the interests of authors, or the 
persons entitled on a statutory basis to exercise the economic rights in respect of the work (Article 58) or 
enjoying exclusive authorisation on a contractual basis.   
Article 42a 
      (1) In exercising supervision and control based on a special legal regulation
4b), the customs authority 
may detain any item where it suspects th at the holder of that object infringes copyright hereunder, if such an 
item represents the goods of the Community4c), and may do so for a period not longer than 1 month of the date 
of issue of the decision on the detention. The period refe rred to in the previous sent ence may be exceeded if in 
relation to the detained item a motion for preliminary ruli ng has been filed, or a claim was lodged hereunder,   
and the respective decisions are still pending. There is no possibility to appeal against the decision on the detention of an item.  
      (2) The customs authority that detained an item under Paragraph (1) above shall forthwith deliver a 
written notification of the detention of the item to the author, the relevant collective rights manager; to the legal person  authorised to defend authors’ interests or to the persons having the statutory authorisation to exercise the 
economic rights in respect of the work. Such a notification shall simultaneously be delivered by public notice 
for a period of at least 15 days.   
      (3) Not later than within 15 days of the delivery of the notification of the detention of the item shall the 
author, the relevant collective rights manager ,, the legal person authorised to defend  authors’ interests or the person 
having the statutory authorisation to exercise the economic rights in respect of the work, notify the customs authority in writing whether he intends to bring his claim for copyright protection before a court. If within that 
period he states in writing that he shall not intend to bring his claim before the court or if the period specified in the 
first sentence lapses to no effect, the customs authority shall return the detained items to the person from whom 
those items were seized; such a person shall not be entitled to compensation from the government for loss of his 
property.  
      (4) If the court decides lawfully that copyri ght was infringed, the customs authority shall deliver the 
detained items to the person who sought copyright protection in the court, and shall make a record thereof in the 
files. All the costs connected with the detention, storage and delivery of the detained goods shall be paid by the 
person from whom the items were seized. 
      (5) The customs authority shall impose the costs referred to in Paragraph (4) above by decision. Appeal 
against the decision of the customs authority has no suspending effect. The costs shall fall due within 30 days of the date of delivery of the decision. If the costs are not paid by the due date, the customs authority that imposed 
those costs shall collect and rec over them in accordance with a special legal regulation governing tax 
administration. Such coll ected costs are an income to the national budget. 
 
Article 43 
 (1) Copyright is infringed by anybody who circumve nts effective technical measures that are in place 
to protect rights under this Act.  
 (2) Copyright is also infringed by anybody who manuf actures, imports, receives, distributes, sells, 
rents, advertises for sale or rental, or possess for commercial purposes any devices, products or components, or provides services, that:   
   a) are promoted, advertised or marketed for the pu rpose of circumvention of ef fective technical measures;  
   b) have only a limited commercially significant purpose or use other than the circumvention of the effective 
technical measures; or 
   c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the 
circumvention of the effective technical measures. 
  
                                                      
4b) Act No. 185/2004  Coll., on the Customs Administ ration of the Czech Republic, as amended  
4c) Article 4, Paragraph 3 of Council Regulation (EEC) 2913/92 of  12 October 1992, establishing the Community Customs Code.    IP/N/1/CZE/C/5 
 Page 21 
 
 
   (3) For the purposes of this Act, the expression effective technical measures means any technology, 
device or component that, in the normal co urse of its operation, is designed to prevent or restrict acts, in respect 
of works, which are not authorised by the author, if the author can control the use of a protected work through 
application of an access control or protection process, su ch as encryption, scrambling or other transformation of 
the work, or a copy control mechanism.          
 (4) Legal protection under Paragraph (1) above shall be without prejudice to the provisions of Article 
30a, Article 31 (1) (b), Article 34 (a), Article 37 (1) (a) and( b), Article 38, Article 38a (2) and Article 38e, to 
the extent necessary to benefit from the exception. An author who used technical measures under Paragraph (3) 
in respect of his work shall make his work available to lawful users to the extent necessary to fulfil the purpose 
of the stated exploitation of the work. The author may make available his work, for which he used the technical measures referred to in Paragraph (3), even in the case that a reproduction of his work for private use has 
already been made under Article 30; this shall not prevent the author from ad opting adequate measures 
regarding the number of such reproductions. 
 (5) Provisions of Article 4 shall not apply to works made available by the author or with his consent in 
the way specified in Article 18 (2). 
 (6) The technical measures designed to fulfil the ob ligations under Paragraph (4), taken by the author 
voluntarily or on a contractual basis, shall enjoy the protection provided for in Paragraphs (1) to (3). 
 
Article 44 
 (1) Copyright is also infringed by anybody who without the author’s consent induces, enables, 
facilitates or conceals the infringement of copyright by:  
   a) Removing or altering any electro nic rights-management information; or  
   b) Distributing, importing or recei ving for distribution purposes, broad casting or communicating to the public 
in the way referred to in Article 18 (2) a work whose electronic rights-management information was 
without authority removed or altered. 
 (2) The rights-management information, as referred to  in Paragraph (1), is any information provided by 
the author to identify the work, the author or any other rightholder, or information concerning the ways and 
conditions of using the work, and any numbers or codes that represent such information. The same applies to the 
information which is associated with a reproduction of the work or appears in connection with the 
communication of the work to the public.  
 
Article 45 
Copyright is also infringed by anybody who uses for his own work the title or external design that has 
previously been lawfully used by another author for a work of the same kind, if this could lead to the danger of 
confusion of the two works, unless otherwise follows from the nature or designation of the work.  
 
VOLUME 6 
Types of Agreement 
 
SECTION 1 
Licence Agreement 
 
Article 46 
General Provisions 
 (1) Through a licence agreement, the author grants authorisation to the licensee to exercise the right to 
use the work (licence) in specific ways or in all ways  of use to a limited or unlimited extent, and the licensee 
agrees, unless agreed otherwise pursuant to Article 49 (2) (b), to remunerate the author.  IP/N/1/CZE/C/5 
Page 22  
 
   (2) The author may not grant authorisation to exercise the right to use the work in a way that is not 
known at the time when the agreement is made. 
 (3) The licensee shall utilise the licence, unless otherw ise stipulated in the agreement. This is without 
prejudice to the provisions of Article 53. 
 (4) If the licence is granted as an exclusive licence, the agreement must be in writing.  
 (5) An offer to enter into an agreement is involved even in the cases where the declaration of will is 
addressed to an indeterminate circle of persons. 
  (6) With respect to the content of the proposal or to the practice introduced be tween the parties, or with 
respect to the generally established practice, the person to whom the offer to enter into an agreement is 
addressed may express his consent with the offer by carrying out an act without notifying it to the offering party, such an act being based on the offered agreement incl uding, but not limited to th e provision or acceptance of a 
discharge. If such is the case, the acceptance of the o ffer shall become effective at  the moment of carrying out 
such an act.  
 
Article 47 
Exclusive or Non-exclusive Licence 
  (1) Licence may be granted as an exclusive licence or a non-exclusive licence, unless otherwise 
provided in a special legal regulation
4a). Unless otherwise follows from the agreement, it shall be deemed that 
the licence is non-exclusive. 
 (2) In the case of an exclusive li cence, the author may not grant the licence to any third party and shall, 
unless agreed otherwise,, refrain from exercising the right to use the work in the same way to which he granted 
the licence. 
 (3) In the case of a non-exclusive li cence, the author shall re main authorised to exercise the right to use 
the work in the way to which he had granted the licen ce as well as to grant the licence to third parties. 
 (4) A non-exclusive licence acquired by the licensee before the subsequent granting of an exclusive 
licence to a third party shall be retained, unless otherwis e agreed between the author and the licensee of such a 
non-exclusive licence. 
 (5) The agreement by which the author has granted a licence to a third party wh ile an exclusive licence 
of the licensee to the same way of use of the work is still in effect shall be invalid, unless the licensee of the 
exclusive licence has given his written consent to such an agreement.   
Article 48 
Granting Authorisation to Third Party 
      (1)  Where the agreement so stipulates , the licensee may grant an author isation under the licence in full 
or in part to a third party (sub-licence). The provisions of Article 46 (3) shall apply mutatis mutandis . 
 (2) The licensee may only assign his licence to a third party with the author’s written consent; the 
licensee must inform the author without undue delay about assigning the licence and the name of the assignee.  
      (3) The author’s consent to the transfer of the licence is not requi red, unless otherwise agreed, when an 
undertaking or any part thereof, representing a separate organisation unit, is being sold.  
 
Article 49 
Royalty   
     (1) Unless otherwise provided hereinafter, the agreement shall stipulate the amount of the royalty or at 
least the way of its determination.  
                                                      
4a) Section 14a, Subsections (3) and (4) of Act No. 106/1999 Coll ., on Free Access to Information, as amended by Act No. 
61/2006 Coll..  IP/N/1/CZE/C/5 
 Page 23 
 
 
   (2) Where the amount of the royalty or at least the way of its determination is not provided for in the 
agreement, the agreement sh all be invalid, with the exception of cases where: 
   a) The will of the parties to conclude an agreemen t for a consideration without determining the amount of the 
royalty ensues from the negotiations between the parties on entering into the agreement; in such a case the 
licensee shall pay royalty to the author in an amount usual at the time of the conclusion of an agreement under contractual terms similar in their content to such an agreement for su ch type of work, or  
   b) The parties to the agreement agree that the licence is granted gratuitously. 
 (3) The author who grants a licence for the rental of an  original or a copy of a work fixed as an audio or 
audiovisual fixation to the producer of such a fixation shall be entitled to a reasonable remuneration from the 
person who rents the original or a copy of the fixed work; the author may not waive this right.  
 (4) Where the amount of the royalty has been agreed  in dependence on the pro ceeds from the utilisation 
of the licence, the licensee shall be obliged to make it possible for the author to audit the relevant accounting 
documents or other documentation in order to establish the real amount of the royalty. Where the licensee thus provides the author with information designated by the licensee as confidential, the author may not divulge such 
information to any third party, nor us e it according to his needs in contrave ntion of the purpos e for which it has 
been made available to him.  
 (5) The licensee shall submit to the author, at agreed time intervals, regular financial statements of the 
royalty referred to in Paragraph (4) above; unless ot herwise agreed, he shall do so at least once a year. 
 (6) Where the amount of the royalty has not been deri ved from the proceeds from the utilization of the 
licence and where such an amount is so low that it is in obvious disproportion to the profit from the utilisation of 
the licence and to the importance of the work for the achievement of such profit, the author shall be entitled to 
an  equitable supplementary royalty.  
  (7) During negotiations on the royalty, heed shall be taken of the purpose of the licence and the manner 
and circumstances of the use of the work and the scope of  the licence in terms of territory, time and quantity.  
 
Article 50 
Limitations of Licence 
 (1)  A licence may be limited to individual ways of use of the work; the ways of use of the work may be 
limited in scope, particularly in terms of quantity, location or time. 
 (2) Where the agreement does not stipulate the individual ways of use of the work or the scope of use for 
which the licence is being granted, the licence shall be d eemed to have been granted for such ways of use and 
within such scope as would be necessary for achieving the purpose of the agreement. 
 (3) Unless otherwise provided in the agreement, or unless otherwise implied by its purpose, it shall be 
deemed that:  
   a) The territorial scope of the licence is limited to the territory of the Czech Republic; 
   b) The time scope of the licence is limited to the norma l time for the given type of work and way of use, however 
not longer than one year from the date on which the licence was granted; where the work ought to be delivered 
only after the granting of the licence, the term shall be one year from the date of delivery; 
   c) The quantity scope of the licence is limited to the normal quantity for the given type of work and way of 
use. 
 (4) Unless otherwise provided in the agreement,  the licence to reproduce a work shall imply the 
authorisation to make direct and indirect, permanent and temporary reproductions, in whole or in part, by any means and in any form; in th e case of reproductions in el ectronic form this shall in clude both on-line and off-
line reproductions. 
 (5) Unless otherwise provided in the agreement, the licence to reproduce a work shall include the 
licence to distribute the reproductions thus made. 
 IP/N/1/CZE/C/5 
Page 24  
 
  Article 51 
Limitations on Licensee’s rights  
The licensee may not adapt or otherwise alter a work, its title or indication of the author, unless otherwise 
agreed or unless the adaptation or other alteration of the work  or of its title is of such a kind where it is possible 
to reasonably expect that the author would, in view of the circumstances of use of the work, give his consent; even in the latter case, however, the licensee may not alter the work or its title if the author has reserved his 
consent also for such alterations and the licensee has be en notified of such a reservation. This shall apply, 
mutatis mutandis , where the work is combined w ith another work or is included in a collection of works.  
 
Article 52 
Reproductions for Author 
Where it can be fairly required of th e licensee, and if this is a normal cu stom, the licensee shall, at his own 
cost, provide the author with at least one reproduction of the author’s work from among the reproductions made 
by the licensee on the basis of the relevant licence. 
 
Article 53 
Withdrawal from Agreement Due to Inactivity of Licensee 
 (1) Where the licensee of an exclusive licence does not utilise the licence at all or utilises it 
insufficiently, and where this has a considerable adverse effect on the legitimate interests of the author, the 
author may withdraw from the agreement. This sha ll not apply in the case where the non-utilisation or 
insufficient utilisation of the licence has been caused by  circumstances mainly on the part of the author.  
 (2) The author may withdraw from the agreement for reasons referred to in Paragraph (1) only after 
urging the licensee to utilise the licence adequately within a reasonable period after being so urged, and after the 
licensee’s failure to utilise the licence sufficiently in spite of being so urged. In his notice the author shall draw 
the licensee’s attention to the possibility of withdrawal  from the agreement after the reasonable period being 
expired in vain.. The notice is not required where the utilisation of the licence by the licensee is not possible or 
the licensee has declared that he will not utilise the licence. 
      (3) Unless otherwise provided in the agreement,  the author may not apply the right to withdraw from 
the agreement pursuant to Paragraph (1) earlier than two years after the granting of the licence and where the 
work is to be delivered only after the granting of the licence the period shall commence on the date of such a 
delivery; in the case of contributions to daily periodicals this period shall be three months, in the case of other 
periodicals one year. Where an urging notice pursuant to Paragraph (2) is required to be submitted before withdrawal from the agreement, not  even such an urging notice may be made before the passage of the 
stipulated period.  
 (4) The agreement shall expire on the day of de livery of the withdrawal notice to the licensee. 
 (5) Where reasons worthy of special  consideration exist, the author shall be obliged to compensate the 
licensee for the damage caused by his withdrawal from the agreement. The reasons for which the licensee has 
not utilised the licence adequately shall, in particular, be taken into account. 
 (6) Where the licence has not been utilised at all, the author shall return to the licensee the royalty he 
had received from him on the basis of the agreement from which he is withdrawing; where the licence has only 
been utilised insufficiently, th e author shall return the royalty minus the amount falli ng to the share of actually 
implemented utilisation, taking into account the proportion of the licence utilisation actually implemented and 
the proportion of licence utilisation provided for in the agreement or in law. 
 (7) Where the licensee has been obliged to use the licence but failed in this obligation, the author’s 
entitlement to the royalty shall remain unaffected by  his withdrawal from the agreement pursuant to 
Paragraph (1); where the amount of th e royalty has been agreed in depend ence on the proceeds from the use of 
the work, it shall be deemed that the author is entitled to r oyalty in an amount equal to that to which he would be 
entitled if the licensee sufficiently utilised the licence during the period prior to the author’s withdrawal from the 
agreement.  IP/N/1/CZE/C/5 
 Page 25 
 
 
  Article 54 
Withdrawal from Agreement Due to Ch ange of Author’s Conviction  
(1) The author may withdraw in writing from the agreement if his work, which has not yet been made 
public, no longer corresponds with his conviction, and where the making public of the work would have a 
significant adverse effect on his legitimate personal inte rests. The agreement shall expire at the date of the 
delivery to the licensee of the written noti ce of withdrawal from the agreement. 
(2) The author shall compensate th e licensee for the damage the license e may have suffered due to the 
author’s withdrawal from the agreemen t pursuant to Paragraph (1) above.  
 (3) Where after withdrawal from th e agreement pursuant to Paragraph (1) the author expresses renewed 
interest in the exploitation of the work, he shall first offer the licence to the licensee and shall do so under conditions comparable to those agreed originally. 
 (4) Provision of Article 53 (7) shall apply mutatis mutandis . 
 
Article 55 
Termination of Licence 
Upon the death of the natural person or dissolution of the legal person to whom the licence was granted, the 
rights and obligations under the li cence agreement shall pass on to his/its successo r in title. The licence 
agreement may eliminate such transfer of rights and obligations to the successor in title. 
 
SECTION 2 
Special Provisions on Pub lisher’s Licence Agreement  
Article 56 
 (1)  Any licence agreement by wh ich the author grants the licensee a licence to reproduce and distribute 
a literary work musical-dramatical or  musical work, a work of fine ar ts, a photographic work or a work 
expressed by a process similar to photography, unless the work is used in a performance by performers, shall be 
a publisher’s licence agreement. 
 (2) Unless otherwise follows from the agreement, the licence shall be deemed to have been granted 
exclusively; this shall not apply where the work is reproduced and distributed in a periodical publication.  
 (3) Unless otherwise provided in the agreement, the author shall be entitled to make, before the 
publication of the work and within a reasonable period  granted by the licensee, sm all creative changes to the 
work, provided that such changes do no t give rise to unreasonable costs for the licensee, or if they do not change 
the nature of the work (author’s corrections). 
  (4) Where the licensee does not make it possible for the author to make autho r’s corrections, the author 
may withdraw from the agreement if the consequence woul d be the use of the work in a way detracting from its 
value.  
 (5) If the quantity scope of the licence has been limited to a certain number of reproductions, and such 
reproductions have gone out of print before the expiry of the period for which the licence was granted, then, unless the parties agree on extending the quantity scope within six months from the date on which the author 
invited the licensee to make such a change to the agreem ent, the licence shall terminate, if it is still in effect, 
upon the period being expired in vain.  
SECTION 3 
Sublicense Agreement 
 
Article 57 
Provisions of Articles 46 to 56 shall apply, mutatis mutandis , to the sub-licence agreement.  
 IP/N/1/CZE/C/5 
Page 26  
 
  VOLUME 7 
Special Provisions on Certain Works 
Article 58 
Employee Work 
      (1) Unless otherwise agreed, the author’s economic rights to a work created by the author in fulfilling 
his duties arising from the employment or civil service contract with the employer or from an employment 
relationship between a cooperative and its member (hereina fter referred to as employee work) shall be exercised 
by the employer in his own name and on his own account. The employer may only assign the exercise of the right pursuant to this paragraph to a third party with  the author’s consent, unless this occurs when an 
undertaking or any part thereof is being sold. 
      (2) In the event of the death or dissolution of  the employer who has been authorised to exercise the 
economic rights to an employee work and who has no succe ssor in title, the authorisation to exercise these rights 
shall be acquired by the author.  
 (3) Where the employer does not at all exercise the economic rights to an em ployee work, or exercises 
them inadequately, the author may request the employer to grant him the licence under normal conditions, unless there is a serious reason on the part of the employer to decline from doing so. 
  (4) The author’s moral rights to an employee wo rk shall remain unaffected. Where the employer 
exercises the economic rights to an em ployee work it shall be deemed that the author has given his consent to 
the work’s being made public, altered, adapted (including translation), combined with another work, included into a  collection of works and, unless agreed otherwise, also presented to the public under the employer’s name. 
 (5) Unless otherwise agreed, it shall be deemed that the author has given the employer his consent to 
complete his unfinished employee work in the case that hi s employment contract expires sooner than the work is 
completed, as well as in the case of justified concerns that the employee will be unable to complete the work  
duly and timely in accordance with the employer’s needs.   
 (6) Unless otherwise agreed, the author of an employee work is entitled to an equitable supplementary 
remuneration from the employer if the wage or any other compensation paid to the author by the employer is in 
evident disproportion to the profit from the utilisation of the rights to the employee work and to the importance of 
such work for the achievement of this profit; this provisi on shall not apply to works referred to in Paragraph (7), 
irrespective of whether they are actual  employee works or are just considered  as such, unless agreed otherwise. 
 (7) Computer programs and databases, as well as car tographic works that are no t collective works, shall 
also be deemed employee works where they have been created by the author to order; the person who ordered 
them shall in such case be considered  an employer. The provisions of Article 61 shall not apply to such works. 
 (8) The rights and obligations under Paragraphs (1) to (6) shall remain unaffected upon the termination 
of the contractual relation referred to in Paragraph (1) or Paragraph (7).  
 (9) In the case of agency employment
4d), the employer for whom the recruitment agency employee 
temporarily works under employment contract or contract for work shall be deemed to be the employer for the purposes of this provision, unless otherwise agreed between the recruitment agency and such an employer.  
     (10) Provisions of Paragraphs (1 ) to (6) and Paragraph (8) shall apply, mutatis mutandis , to the works 
created to fulfil the obligations based on the relationshi ps between a company and an author who himself is the 
company’s statutory body or is a member of a statutory or any other body of a company, or member in a public 
limited company, or unlimited partner in a limited partnership
4e); in such a case, the comp any is considered to be 
the employer. The previous sentence shall apply, mutatis mutandis , to other legal persons and other authors who 
are their statutory bodies or members of statutory bodies. Provisions of Article 61 do not apply to the works 
created in accordance with this Paragraph.  
 
                                                      
4d) Labour Code.  
4e) Section 66 (2) of the Commercial Code.  IP/N/1/CZE/C/5 
 Page 27 
 
 
  Article 59 
Collective Work 
 (1) A collective work is a work that is created by more than one author on the initiative and under the 
management of a natural person or legal person, and is made public under that person’s name, provided that the 
contributions involved in such work are not capable of independent use. 
 (2) Collective works shall be deem ed employee works pursuant to Artic le 58 in the case that they have 
been created to order; the person who has made the orde r shall in such cases be considered the employer. The 
provision of Article 61 shall not apply to these works.  
 (3) An audiovisual work and works used audiovisually are not collective works.  
 
Article 60 
School Work 
 (1) A school or a school-related or educational establishment shall have the right to conclude, under 
usual terms, a licence agreement on the utilisation of a sch ool work [Article 35 Paragraph (3)]. Where the author 
of such a work withholds his permission without statin g a serious reason, such entities may claim compensation 
for the absence of manifestation of the author’s will in court. This is w ithout prejudice to the provisions of 
Article 35 Paragraph (3). 
 (2) Unless otherwise agreed, the author of a school work may use his work or may grant the licence to any 
other party, unless this contravenes the legitimate inte rests of the school or school-related or educational 
establishment.  
 (3) The school or the school-related or educational establishment shall be entitled to claim an adequate 
contribution to be provided by the author of the school wo rk from the income earned by him in connection with the 
exploitation of the work or with the granting of the licence  pursuant to Paragraph (2) to cover the cost incurred by 
them in creating the work. Depending on the circumstances, the contribution may be up to the full amount of such 
costs. The amount of the contribution sh all be determined with respect to the proceeds earned by the school or the 
school-related or educational establishment from the utilis ation of the school work pursuant to Paragraph (1) 
above.    
 
Article 61 
Work Created on Order and Work Created for Competition  
 (1)  If a work is created by th e author on the basis of a contract for work (a work created to order), then, 
unless otherwise agreed, it shall be deemed that the au thor has granted a licence for the purpose following from 
the contract. Unless otherwise provided in this Act, the customer may only use the work beyond such a purpose 
on the basis of a licence agreement. 
 (2) Unless otherwise agreed, the author may himself use the work made to order and may grant a 
licence also to another party, provided that this shall not contravene the legitimate interests of the customer.  
 (3) The provisions of Paragraphs (1) and (2) shall apply mutatis mutandis , to the work created by the 
author as a competitor in a public competition (a work created for a competition).  
Audiovisual Work 
 
Article 62 
General Provisions 
 (1) An audiovisual work shall m ean a work created by the arrangem ent of works used audio-visually, 
adapted or unadapted, consisting of a number of recorded interlinked images evoking the impression of motion, either accompanied by sound or mute, perceivable by sigh t and, if accompanied by so und, also perceivable by 
hearing. 
 (2) A work may only be adapted and included into an audiovisual work with the author’s consent.  
 IP/N/1/CZE/C/5 
Page 28  
 
  Article 63 
Author of Audiovisual Work 
 (1) The author of an audiovisual wo rk is the director of that work.  This is without prejudice to the 
rights of the authors of the works used audio-visually. 
 (2) The statement concerning the audiovisual work and the rights to such work, including the rights 
relating to its utilisation, which statement is registered in the register of audiovisual works maintained in 
compliance with the international convention, shall be deemed true, unless the contrary is proved; this shall not 
apply in cases where a statement canno t be valid according to this Act or where it is contradicted by another 
statement in such a register. 
 (3) If the author of an audiovisual work has granted the producer of the first fixation of the audiovisual 
work a written permission to make a first fixation of the wo rk, then, unless otherwise agre ed, it shall be understood 
that:   
   a) He also granted that producer an exclusive and unlimited licence to use the audiovisual work in the original, 
dubbed and captioned versions as well as to use the photos created in connection with the making of the 
first fixation, including also the option of granting an authorisation, which is part of such a licence, in entirety or in part to a third party; and that 
   b) He agreed with that producer on remuneration in a normal amount within the meaning of Article 49 
Paragraph 2  Clause a). 
 (4) The provisions of Article 54 shall not apply to the relation between the author of the audiovisual work 
and the producer of the first fixation of the audiovisual work, unless otherwise agreed; the provision of Article 58 
Paragraph (4) shall apply mutatis mutandis , and the provision of Article 58 Paragraph (5) shall apply similarly.  
 
Article 64 
Works Used Audiovisually 
 (1) If the author of a work utilised audiovisually, with the exception of a musical work, has granted the 
producer of the first fixation of the audiovisual work a written permission to include the work in an audiovisual 
work, then, unless otherwise agreed, it shall be understood that he has:  
   a)  granted that producer an authorisation to incl ude the work without alteration or after adaptation or other 
change into an audiovisual work, and also to make a first fixation of such an audiovisual work, and to dub 
it and add captions to it; 
   b) also granted the producer the exclusive and unrestricted licence to use the work within the utilisation of an 
audiovisual work, and also to use the photographs created in connection with the making of a first fixation, 
including also the option of granting an authorisation, whic h is part of such a licence,  in entirety or in part 
to a third party; and 
   c) agreed with the producer on a remuneration in a normal amount within the meaning of the provision of 
Article 49 Paragraph (2) Clause a). 
 (2) Unless otherwise agreed, the author of a work utilised audiovisually pursuant to Paragraph (1) may 
grant permission for the inclusion of his work in another audiovisual work, or may include it in such a work 
himself, after expiry of a ten-year period from the granting of the permission pursuant to Paragraph (1). 
 (3) Provisions of Article 63 Paragraph (4) shall apply mutatis mutandis .  
Computer Programs 
 
Article 65 
General Provisions 
      (1) A computer program, irrespective of the form in which it is expressed, including preparatory design 
material, shall be protected as a literary work.  
 (2) The ideas and principles which underlie any elem ent of a computer program, including those which 
underlie its interfaces, are no t protected under this Act. 
  IP/N/1/CZE/C/5 
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  Article 66 
Limitation of Scope of Author’s Rights to Computer Program  
 (1) Copyright is not infringed by a lawful user of a computer program reproduction, if he:  
   a)  reproduces, translates, adapts, arranges or othe rwise alters the computer pr ogram if necessary for the 
utilisation of a lawfully acquired computer program, provided that he shall do so during the loading and operation of the computer program or while correcting computer program errors; 
   b)  otherwise reproduces, translates, adapts, arranges or  alters in any other way a computer program if necessary 
for the utilisation of a lawfully acquired computer program in accordance with its purpose, unless otherwise 
agreed;   
   c)  makes a back-up copy of the computer program, if necessary for its exploitation;    d) examines, studies or tests, by himself or through another person on his behalf, the functionality of the  
program in order to identify the ideas and principles underlying any element of the  program, provided that 
he shall do so while performing any of the acts of the program’s loading, storing, displaying, running or transmitting, for which he is authorised; 
   e)  reproduces the code or translates its form during the reproduction of the computer program or during its 
translation or any other adaptation, adjustment or other alteration, for which he is authorized, doing so either by himself or through another person on his behalf , if such reproduction or translation is necessary to 
obtain the information needed to achieve the interoperability of an independently created computer 
program with other  programs, where the information needed for the achievement of interoperability is not otherwise easily and promptly available to such persons and such activity is restricted to those parts of the 
computer program that are necessary for the achievement of interoperability. 
 (2) The making of a reproduction needed for the load ing and storage of the co mputer program into the 
memory of the computer, as well as for its display, r unning and transmission, shall also be deemed computer 
program reproduction in accordance with this act. 
 (3) Rental or lending of a computer program reproduction where the program itself is not a substantial 
object of the rental or lending shall not be considered as rental or lending hereunder.  
 (4) The information acquired during activities referr ed to in Paragraph (1) Clause e) may not be 
disclosed to any third parties, unless such disclosure is necessary to achieve interoperability of an independently 
created computer program, nor be used for other purposes as to achieve the interoperability of an independently 
created computer program. Further, such information may not be used for the development, production or marketing of any computer program substantially similar in its expression, or for any other act which endangers 
or infringes the copyright. 
 (5) Provisions of Article 29 Paragraph (1) shall apply to the copyright limitations in respect of 
computer programs, as referred  to in Paragraph (1) above. 
 (6) The lawful user of a computer program reproduction is any lawful acquirer of the computer 
program reproduction who enjoys ownership rights or any other rights in respect of the computer program reproduction for the purpose of the utilisation thereof and not for the purpose of its further transfer; a lawful 
licensee or any other person authorised to use the computer program reproduction is also a lawful user of a 
computer program reproduction. Such a user may utilis e the lawfully acquired computer program reproduction 
within the scope specified in Paragraph (1) above (the minimum scope ), unless a wider scope is agreed on a 
contractual basis; the minimum scope may not narrowed down on a contractual basis, except in the case of the 
authorisation referred to in Paragraph (1) Clause b). 
 (7) Provisions of Articles 30a to 33, Article 34 Clauses b) to d), Articles 35 to 38, Article 38a 
Paragraph (1) Clause b), Article 38a Pa ragraph (2), Articles 38b to 39, Article 43 Paragraphs (1) and (4) to (6), 
and Article 54 shall not apply to computer programs. 
 (8) Legal protection of the technical measures referred  to in Article 43 shall be without prejudice to the 
provisions of Paragraph (1) Clauses d) and e) within the range essential for making use of such limitations. An 
author who used in respect of his work the technical measures referred to in Article 43 Paragraph (3) shall make 
the computer program available to the lawful user within the scope specified in Paragraph (1) and shall label the 
computer program protected by technical measures by indication of the name and address of the person whom the lawful user shall address for that purpose. 
 IP/N/1/CZE/C/5 
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  TITLE II 
RIGHTS RELATED TO COPYRIGHT 
 
VOLUME 1 
 Rights of Performer to his Artistic Performance  
Article 67 
Artistic Performance and Performer  
 (1) An artistic performance is th e performance of an actor, sing er, musician, dancer, conductor, 
choirmaster, director or any other person who acts, sings, recites, presents or otherwise performs an artistic work, including works of traditional folk culture. The perf ormance of an artiste, alth ough he shall not perform 
an artistic work, shall also be deemed an artistic  performance. 
 (2) A performer is the natural person who created the artistic performance.  
 
Article 68 
Joint Representative of Performers 
 (1) Performers shall be represented, on their behalf  and on their account, in the exercise of rights to 
performances created jointly during the performance of the same work by more than one performer, e.g. by 
members of an orchestra, choir, dance troupe or other artisti c corps, by the artistic leader of the ensemble as their 
joint representative. The artistic leader of the ensemble shall not be the joint representative where the majority of 
the members of the artistic ensemble designate another pers on as their joint representative;  to become effective, the 
authorisation must be in writing and bear the signatures of the majority of the members of the artistic ensemble. 
 (2) Provision of Paragraph (1) on the joint representative shall not apply to the following performers - 
soloist, conductor and director of theatrical performance; this shall be without prejudice to the right of such 
persons themselves to be joint representatives of performers.  
 
Article 69 
Content of Performer’s Rights  
The right of the performer shall include exclusive moral rights (Article 70) and exclusive economic rights 
(Article 71).   
Article 70 
Moral Rights of Performer 
 (1) The performer shall have the right to decide about the making public of his artistic performance. 
 (2) The soloist, where he creates the performance alone, the conductor, choirmaster, theatre director 
and soloist, where they create the perf ormance together with the members of an artistic ensemble, shall have the 
right to decide whether and how their names are to be indicated when their performance is made public and 
further exploited. Performers as members of an artistic  ensemble shall only enjoy the right pursuant to the 
preceding sentence in respect of the joint name (joint pseudonym) under which they jointly create the performance; this shall be without pr ejudice to any agreement on the indication of their names pursuant to the 
preceding sentence. 
 (3) The performer shall, however, not be entitled to th e right pursuant to Paragraph (2) in cases justified 
by the way of the exploitation of the performance. 
 (4) The performer shall have the right to protection against any disfigurement, deformation or any other 
alteration of his performance, which may affect his reputati on; performers as defined in Article 68 Paragraph (1) 
shall be obliged to exercise ap propriate mutual consideration. 
  IP/N/1/CZE/C/5 
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  Article 71 
Economic Rights of Performer 
 (1) The performer shall have the right to use his artistic performance in its original version or in a 
version adapted or otherwise altered by any other pers on, and to grant by contract to another person the 
authorisation to exercise this right; another person may only use the artistic performance without such authorisation in the cases stipulated by this Act. 
 (2) The right to use an artistic performance shall be understood to mean: 
a) The right to broadcast and otherwise co mmunicate the live performance to the public; 
   b) The right to make a fixation of the live performance; 
   c) The right to reproduce of the fixed performance;    d) The right to distribute the reproductions of the fixed performance;  
   e) The right of rental of copies of the fixed performance; 
   f) The right of lending of copies of the fixed performance;    g) The right of communication of the fixed performance to the public. 
 (3) The performer shall be entitled to remuneration in connection with the reproduction of his fixed 
performance for personal use, mutatis mutandis , pursuant to Article 25.  
 
Article 72 
Compulsory Licence Granted for Consideration 
 (1) The right of the performer shall not be infringed by anybody who uses the artistic performance 
fixed as a phonogram published for commercial purposes by radio or television broadcasting or by 
retransmitting the  broadcast; the performer shall, however, be entitled to a remuneration for such use. This right may only be exercised by the performer through the relevant collective rights manager.  
 (2) As a phonogram published for commercial purposes shall be understood, for the purposes hereof, a 
phonogram whose reproductions are distributed by sale, or which is lawfully communicated to the public in accordance with Article  18 Paragraph 2. 
 (3) The right of the performer shall, however, be infringed by anybody who does not, before the use in 
the manner referred to in Paragraph (1), conclude an ag reement with the relevant collective rights manager, 
setting the amount of the remuneration for such use and the terms of the payment thereof. 
 (4) The right of the performer shall be also infringed by anybody who has been forbidden by the 
relevant collective rights manager to further use of the performance in the manner referred to in Paragraph (1) 
for being in delay with the payment of the remuneration for such a way of use and for failing to pay the 
remuneration even in the thirty-day grace period provided by the collective rights manager for this purpose. 
Unless the collective rights manager limits such a ban to a shorter period, the ban shall be in effect until such 
time as the liability to pay the remuneration is met or expires in any other way; however, should the ban be 
violated, the duration of the ban shall not be ended with out the consent of the collective rights manager before 
the claims arising from such violation will be settled as well.  
 
Article 73 
Duration Performer’s Economic Rights 
The economic rights of the performer shall run for 50  years from the creation of the performance. However, 
where a fixation of such a performance is made public during this period; the rights of the performer shall not expire until 50 years from the time when such a fixation was made public.  
 IP/N/1/CZE/C/5 
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  Article 74 
Application of the Provisions of Title I 
Provisions of Article 2 Paragraph (3), Articles 4, 6, 7 and 9, Article 11 Paragraphs (4) and (5), Article 12 
Paragraphs (2) and (3), Articles 13 to 16, Articles 18 to 23, Articles 25 and 26, Article  27 Paragraph (7), Article 
28 Paragraph (1), Article 29, Article 30 Paragraphs (1), (2), (5) and (6), Article 30b, Article 31, Article 34 
Clauses a) to c), Article 35, Articles 37 to 38a, Article  38c, Article 38e, Articles 40 to 44, Articles 46 to 48, 
Articles 49 to 51, Articles 53 to 55, Articles 57 and 58, Article 62 Paragraph (2) and Article 64 Paragraphs (1) 
and (3) shall apply, mutatis mutandis , to the performer and his performances.  
 
VOLUME 2 
Right of Phonogram Producer to his Phonogram 
 
Article 75 
Phonogram and Its Producer 
 (1) A phonogram is exclusively by hearing perceivable fixation of the sounds of the performer’s 
performance or of other sounds, or the expression thereof. 
 (2) A phonogram producer is a natural or legal pers on who, on his own responsibility, fixes for the first 
time the sounds of the performer’s performance or other sounds, or  their expression, or on who impulse such a 
fixation is made by a third party.   
Article 76 
Content of Ph onogram Producer’s Right  
 (1) The phonogram producer shall have the exclusive economic right to use his phonogram and  to 
grant by contract the authorisation to the exercise of this right to any other person; this other person may only 
use the phonogram without such an authorisation in the cases provided for in this Act;  
 (2) The right to use a phonogram shall be: 
   a) The right to reproduce the phonogram; 
   b) The right to distribute the original or copies of the phonogram;    c) The right to rent the original or copies of the phonogram;    d) The right to lend the original or copies of the phonogram;    e) The right to broadcast and otherwis e communicate of the phon ogram to the public. 
 (3) The provisions of Article 72 shall apply, mutatis mutandis , to the phonogram producer. 
 (4) The phonogram producer shall be entitled to remuneration in connection with the reproduction of 
his phonogram for personal use,  mutatis mutandis , pursuant to Article 25. 
 (5) The right of the phonogram producer is transferable.  
 
Article 77 
Duration of Phonogram Producer’s Right 
The right of the phonogram producer shall run for 50 years from the making of the phonogram. However, 
where a phonogram is lawfully made public during this period; the right of the producer shall not expire until 50 
years from the date when such a phonogram was made public. If during the period referred to in the first sentence the work is not lawfully made public and the work is, during that period, lawfully communicated to the public, the 
right of the producer shall not expire until 50 years from the date of such communication to the public.  
  IP/N/1/CZE/C/5 
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  Article 78 
Application of the Provisions of Title I 
Provisions of Article 2 Paragraph (3), Article 4, Artic le 6, Article 9 Paragraphs (2) to (4), Article 12 
Paragraphs (2) and (3), Articles 13 to 16, Articles 18 to  23, Article 25, Article 27 Paragraph (7), Article 28 
Paragraph (1), Article 29, Article 30 Paragraphs (1), (2), (5) and (6), Article 30b, Article 31, Article 34 Clauses a) to c), Article 35, Articles 37 to 38a, Article 38c, Article  38e, Articles 40 to 44, Articles 46 to 48, Article 49 
Paragraphs (1) to (5), Articles 50, 51, 55, 57 and Article 62 Paragraph (2) shall apply, mutatis mutandis , to the 
phonogram producer and his phonogram. 
 
VOLUME 3  
Right of Audiovisual Fixation Producer to his First Fixation  
 
Article 79 
Audiovisual Fixation  and Its Producer 
 (1) Audiovisual fixation is the fixation of an audiovisual work or a fixation of any other series of fixed 
and interconnected images evoking the impression of motion, either accompanied by sound or mute, perceivable 
by sight and, if accompanied by soun d, perceivable also by hearing. 
 (2) The producer of an audiovisual fixation is a natural or legal person who, on his own responsibility, 
has made for the first time the audiovisual fixation, or on who impulse is such a fixation made by a third party.  
 
Article 80 
Content of Audiovisual Fixation Producer ´s Right 
 (1) The producer of an audiovisual fixation sha ll have the exclusive economic right to use his 
audiovisual fixation and to transfer by contract the authorisation to exercise this right to another person; this 
other person may use the audiovisual fixation without such an authorisation only in the cases provided for in this 
Act.    
 (2) The right to use an audiovisual fixation shall be: 
   a) The right to reproduce the audiovisual fixation; 
   b) The right to distribute the original or copies of the audiovisual fixation;    c) The right to rent the original or copies of the audiovisual fixation;    d) The right to lend the original or copies of the audiovisual fixation;    e) The right to broadcast and otherwise communicate the audiovisual fixation to the public. 
 (3) The producer of the audiovisual fixation shall be entitled to remuneration in connection with the 
reproduction of his fixation for personal use, mutatis mutandis , pursuant to Article 25. 
 (4) The right of the producer of the audiovisual fixation is transferable. 
 
Article 81 
Duration of Audiovisual Fixation Producer’s Right  
The right of the producer of an audiovisual fixation shall run for 50 years from its first fixation. However, 
where the audiovisual fixation has been lawfully made public during this period, the right of the producer of the audiovisual fixation shall not expire until after 50 years af ter the date when the audiovisual fixation was so made 
public.  
 
Article 82 
Application of the Provisions of Title I 
Provisions of Article 2 Paragraph (3), Article 4, Artic le 6, Article 9 Paragraphs (2) to (4), Article 12 
Paragraphs (2) and (3), Articles 13 to 16, Articles 18  to 23, Article 25, Article 27 Paragraph 7, Article 28 IP/N/1/CZE/C/5 
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  Paragraph (1), Article 29, Article 30 Paragraphs (1), (2), (5) and (6), Article 30b, Article 31, Article 34 
Clauses a) to c), Article 35, Articles 37 to 38a, Article  38c, Article 38e, Articles 40 to 44, Articles 46 to 48, 
Article 49 Paragraphs (1) to (5), Articles 50, 51, 55, 57, and Article 62 Paragraph (2) shall apply, mutatis 
mutandis , to the producer of audiovisual fixation and to his fixation.  
 
VOLUME 4 
Right of Radio and Television Broadcaster to his Broadcasting 
 
Article 83 
Broadcast and Broadcaster 
 (1) Broadcast shall mean the result of the dissemination of sounds, or images and sounds, or the 
dissemination of their expression by means of radio or television for reception by the public. 
 (2) The broadcaster shall be a natural or legal person who, on his own responsibility, performs the 
broadcasting of sounds, or of images and sounds, or of their expression by radio or television, or a natural or 
legal person on who impulse is the broadcasting executed by a third party.  
 
Article 84 
The Content of the Right of Broadcaster 
 (1) The broadcaster shall have the exclusive economic right to use his broadcast and to grant by 
contract the authorisation to exercise this right to another person; the other person may use the broadcasting 
without such authorisation only in the cases stipulated in this Act. 
 (2) The right to use the broadcast shall be understood to mean: 
    a) The right to make a fixation of the broadcast;     b) The right to reproduce the broadcast fixation;     c) The right to distribute the copies of the fixed broadcast;      d) The right to communi cate the broadcast to the public. 
 (3) The right of the broadcaster pursuant to Paragraph (1) is transferable.  
 
Article 85 
Duration of Right of Broadcaster 
The right of the broadcaste r shall run for 50 years from the first broadcast.  
 
Article 86 
Application of the Provisions of Title I 
Provisions of Article 2 Paragraph (3), Article 4, Artic le 6, Article 9 Paragraphs (2) to (4), Article 12 
Paragraphs (2) and (3), Articles 13 to 16, Articles 18 to  23, Article 25, Article 27 Paragraph (7), Article 28 
Paragraph 1, Article 29, Article 30 Paragraphs (1), (2), (5) and (6), Article 30b, Article 31, Article 34 Clauses a) to  c), Article 35 Paragraphs (1), (2) and (4), Article  37 Paragraphs (1) and (4), Article 38 Paragraph (1) 
Clause a), Article 38a, Article 38c, Article 38e, Articles 40 to 44, Articles 46 to 48, Article 49 Paragraphs (1) 
to (5), Articles 50, 51, 55, 57 and Article 62 Paragraph (2) shall apply, mutatis mutandis , to the broadcaster and 
his broadcasts.  
  IP/N/1/CZE/C/5 
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  Volume5 
Right of Publisher  
 
Article 87 
The publisher has the right to remuneration in connection with the making of a reproduction for personal use 
of a work published by him. The duration of this right is 50 years from the publication of the work. The 
provision of Article 27 Paragraph (7) shall apply mutatis mutandis .  
 
TITLE III 
RIGHTS SUI GENERIS  OF MAKER OF DATABASE  
 
Article 88 
Definition 
For the purposes of this Act a database  shall mean a collection of independent works, data, or other items 
arranged in a systematic or methodi cal manner and individually accessibl e by electronic or other means, 
irrespective of the form of the expression thereof.  
 
Article 88a 
 (1) Rights sui generis  in respect of a database (Article 90) pertain to the maker of the database, 
provided that the formation, verification or presentation of the content of the database represents a contribution, 
which is substantial in terms of quality or quantity, irre spective of whether the database or the contents thereof 
are subject to copyright protection or any other type of protection.   
 (2) Any new contribution to a database, substantial in terms of quality or quantity, consisting in the 
supplementing, abbreviating or otherwise adjusting the database, shall result in a new run of the duration of 
rights pursuant to Article 93.  
 
Article 89 
Maker of Database  
The maker of the database is the natural or legal pe rson who, on his own responsibility, has compiled the 
database, or on who impulse is the database compiled by another person.   
Article 90 
Content of Sui Generis  Right of Database Maker 
 (1) The maker of the database shall have the right to extraction or re-utilisation of the entire content of 
the database or of its part substantial in terms of quality  or quantity, and the right to grant to another person the 
authorisation to execute such a right.  
 (2) Extraction pursuant to Paragraph (1) means the permanent or temporary tran sfer of all the content 
of a database or a substantial part thereof to another medium by whatever means or in whatever form. 
 (3) Re-utilization pursuant to Paragraph (1) shall mean any form of making available to the public all 
the content of a database or a substantial part thereof by the distribution of copies, by rental or by the on-line or 
any other forms of transmission. 
 (4) Lending of the original or a copy (Article 16) of a database shall not mean extraction pursuant to 
Paragraph (2) or re-utilization pursuant to Paragraph (3). 
 (5) Repeated and systematic extraction or re-utilization of insubstantial parts of the content of the 
database and any other acts that are not usual and adequate  and that adversely affect the legitimate interests of 
the maker of the database is not permitted.  IP/N/1/CZE/C/5 
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   (6) The right of the maker of a database is transferable.  
 
Article 91 
Limitation of Sui Generis  Right of Database Maker  
The right of the maker of a database that has been made available in any way to the public is not infringed by 
the lawful user who extracts or re-utilises qualitatively or  quantitatively insubstantial segments of the content of 
the database or any part thereof, doing so for whatever purpose, on condition that such a user uses the database 
in a normal and appropriate manner, not systematically or repeatedly, and without damaging the legitimate 
interests of the maker of the database, and that he shall not cause damage to the author or the rightholder of 
rights related to the copyright to the works or other protected items contained in the database.  
 
Article 92 
Gratuitous Compulsory Licences  
The right of the maker of the database made available by him is not infringed by the lawful user who extracts 
or re-utilises a substantial part of the content of the database: 
   a) for his personal use; this is without prejudice to the provision of Article 30 Paragraph (1);    b) for scientific or educational purposes, if he indi cates the source, within the scope justified by the pursued 
non-gainful purpose; and 
   c) for the purposes  of public security or   an administrative or judicial procedure.  
 
Article 93 
Duration of Database Maker’s Sui Generis Right    
The right sui generis  of the maker of the database shall run for 15 years from the making of the database. If 
however the database is made available during that period, the right sui generis  of the maker of the database 
shall expire 15 years from the date when the database is thus made available.   
Article 94 
Application of the Provisions of Title I 
(1) Provisions Article 4, Article 6, Article 9 Paragrap hs (2) to (4), Article 12 Paragraph (2), Articles 13 
to 15, Article 18 Paragraphs (2) an d (4), Article 27 Paragraph (7), Ar ticle 28 Paragraph (1), Article 29, 
Article 30 Paragraph (1) and (3), Articles 40 to 44, Articles 46 to 48, Article 49 Paragraphs (1) to (5), 
Articles 50, 51, 55 and 57 shall apply, mutatis mutandis , to the maker of the database. 
(2) Provision of Article 3 Cl ause a) shall also apply, mutatis mutandis , to the maker of a database that is 
a part of a legal regulation.   
 
TITLE IV 
COLLECTIVE MANAGEMENT OF RIGHTS 
 
Article 95 
 (1) The purpose of collective manageme nt of rights pursuant to this Act (hereinafter referred to as 
“collective management” is to ensure collective exercise and collective prot ection of authors’ economic rights 
and of the economic rights related to copyright and also to make available the items of these rights to the public. 
 (2) Collective rights management is the representation of a larger number of persons who are entitled to 
hold:  
   a) the economic copyright or an economic right related to copyright;    b) a statutory authorisation to exercise economic rights to a work (Article 58); or   IP/N/1/CZE/C/5 
 Page 37 
 
 
     c) a contractual exclusive authorisation to exercise  a collectively managed right for the entire duration of the 
economic rights and combined with the right, at least fo r the territory of the Czech  Republic, to grant sub-
licences;  
(hereinafter referred to as “rightholders”) for their joint benefit in the exercise of their economic rights to works 
made public or offered to be made public, to artistic performances, audio and audiovisual recordings (hereinafter referred to as  “items of protection”), provided that any execution of these rights other than collective execution 
is prohibited (Article 96) or pointless; the item of protection offered to be made public shall mean a protected 
item that has been notified in writing by the rightholder to the relevant collective rights manager for the purpose 
of including such an item in the register of items of protection. 
 (3) Mediation of a licence or any other agreement is  not deemed to be exerci se of collective rights 
management. Also not deemed to be the exercise of collective rights ma nagement is any occasional or short-
term representation of any rights other than those subject to compulsory collective rights management.  
 
Article 96 
Rights Subject to Compulsory Collective Rights Management  
 (1) Rights subject to compulsory collective rights management are the following: 
   a) The right to remuneration for: 
1. the use of an artistic performance fixed on a phonogram published for commercial purposes by  (radio or 
television) broadcasting or by rebroadcasting and  retransmission of the  (radio or television) broadcast [Article 72 Paragraph (1)]; 
2. the use of a phonogram published  for commercial purposes by  (radio or television) broadcasting or by 
rebroadcasting and by retransmission of the  (radio or television) broadcast [Article 76 Paragraph (3)]; 
3.  the making of a reproduction for personal use on the basis of an audio or audiovisual fixation or any 
other fixation by the transfer of its content by means of a technical device to a blank carrier of such 
fixation [Article 25 Paragraph (1) Clause b), Article 28 Paragraph (2), Article 71 Paragraph (3), Article 76 Paragraph (4), and Article 80 Paragraph (3)]; 
4.  the making of a reproduction for a natural person’s personal use or for a legal person’s or sole trader’s 
own internal use by means of a technical device for making printed reproductions on paper or any other 
carrier material, also through a third party [Article 25 Paragraph (1) Clause a),  Article 28 Paragraph (2), 
Article 87]; 
5.  resale of the original of a work of art (Article 24); 
6.  the lending of the original or reproduction of a publishe d work in accordance with Article 37 Paragraph 2; 
   b) The right to an equitable remuneration for the re ntal of the original or a copy of the work, or of a 
performer’s performance fixed in an audio or audiovisual fixation; 
   c) The right to the use – by cable retransmission – of works, live performances and performances fixed on 
phonogram or in an audiovisual fixation, with the exception of such performances whose phonogram has been published for commercial purposes [Clause a) Item 1], and also the right to the use – by cable 
retransmission – of audiovisual fixations and phonograms other than those published for commercial 
purposes [Clause a) Item 2] with the exception of the cases where the rights to cable retransmission are 
exercised by the broadcaster for its own broadcasting, irrespective of whether such rights are his own 
rights or rights exercised on the basis of  a licence agreement with a rightholder.  
 (2) The rightholders shall thus be represented ex lege  by the relevant collective rights manager in the 
exercise of their rights pursuant to Paragraph (1) above, and also in their claims for entitlement to the surrender 
of any unjust enrichment from th e unauthorized exercise of such  collectively managed rights.   
 (3) When distributing and paying out the remuneration or the proceeds from the surrendered unjust 
enrichment which the relevant collective rights manager had collected during the execution of compulsory 
collective management, the relevant collective rights manager shall take into consideration only such 
rightholders whose rights in respect of the same protected items or, as the case may be, of the same types of 
works are managed by him collectively on a contractual ba sis, or who are registered  for that purpose in his 
register. He shall not take into acco unt the protected items that have not  yet been made public. During the 
distribution and payment of the rem uneration collected in acco rdance with Article 25 Paragraph (3) Clauses a) IP/N/1/CZE/C/5 
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  and c), the relevant collective rights manager shall take  into account the use and effectiveness of the technical 
protection measures under Article 43. 
 (4) If an authorisation to a cable retransmission based on special legal provisions5) arises for a certain 
person, that person shall be obliged to notify the relevant collective rights manager of such a fact not later than 
15 days from the day of the issue of such an authorisation  
 
Article 97 
Collective Rights Manager 
 (1) Collective rights manager shall mean an entity that has acquired the authorisation to execute 
collective rights management. 
 (2) A collective rights manager may only be a legal person with its seat in  the Czech Republic and 
associating, directly or through a third party, rightholders whom he represents in collective rights management.  
 (3) Collective rights management shall be executed by the collective rights manager consistently, under 
its own name and on his own responsibility. Collective rights management is not a business enterprise. 
 (4) Collective rights management shall be executed by the collective rights manager as the main area of 
his activity. 
 (5) A collective rights manager may only authorise an other person to exercise  the rights collectively 
managed by him where such a person is:   
   a)  a foreign person, who, pursuant to the law of anot her state, lawfully executes in  the territory of that state 
collective rights management of the same rights and, in  the case of a work, also of  the same type of work, 
if the matter at issue is the execution of collective rights management in such a state; 
   b)  a local collective rights manager who is also authorised to execute collective rights management, if the 
objective is efficient execution of collective rights management. 
 (6) To be effective, the authorisation agreemen t pursuant to Paragraph (5) must be in writing. 
 (7) When carrying out his representation obligations, the person authorised pursuant to Paragraph (5) 
shall act under his own name and on the account of the collective ri ghts manager who gave him the 
authorisation; this shall be without prejudice to the duty  of such a collective rights manager to transfer the 
acquired proceeds to the represented rightholders. 
 (8) Neither the agreements, by which the rightholde rs are associated in the person of the collective 
rights manager, nor agreements pursuant to Paragrap h (5) above, shall be deem ed agreements infringing 
economic competition according to special regulations.  
 
Article 98 
Authorisation to Execute Co llective Rights Management 
 (1) The decision on the granting of authorisation to  execute collective rights management (hereinafter 
referred to as “authorisation”) shall be made by the Mi nistry of Culture (hereinaft er the “Ministry”) upon a 
written application. 
 (2) The applicati on must contain: 
   a) the name, registered office, identification number , if any, and the designation of the statutory body of the 
applicant, the name, surname and residence of the person who is the statutory body or of the persons who 
are members of the statutory body, and the way of acting for and on behalf of the applicant; 
   b) definition of the rights that are to be managed collectively;    c) definition of the subjects of rights referred to under b) above, and in the case of works, also the definition of 
their type. 
 (3) The applicant shall attach to the application pursuant to Paragraph (2) the following: 
                                                      
5) Act No. 468/1991Coll., on Radio and Televi sion Broadcasting, as amended.    IP/N/1/CZE/C/5 
 Page 39 
 
 
     a) document to prove the information provided pursuant to Paragraph (2) Clause a) and Article 97 Paragraph (2); 
b) specimen draft contract with rightholders for representation in the execu tion of collective rights 
management;  
   c) draft allocation schedule, including the way of distribution and rules for the payment of the collected 
remuneration, and excluding any arbitrary action during the distribution, and respecting the principle of support of culturally significant works and performances; 
   d) list of names of the rightholders who expressed their interest in the collective management of their rights by 
the applicant, including their domicile or (if foreign nationals) their residence, and also their nationality, 
their published items of protection to the extent corre sponding to the purpose of  the proceedings, and the 
signatures of those rightholders;   
   e) list of names of the applicant’s members who are the holders of the rights to be collectively managed, including 
their domicile or (if foreign nationals) their residence, and also their nationality, their published items of 
protection to the extent corresponding to the purpose of the proceedings, and the signatures of those rightholders; 
   f) estimate of the anticipated proc eeds from the collectively managed rights and of the costs of execution of 
collective rights management; 
   g) proposed levels of remuneration for the individual ways of use of the items of protection. 
 (4) The parties to the proceedings for the granting of the authorisation shall be the person lawfully 
applying for the authorisation. 
 (5) Decision concerning the application for the granting of authorisation shall be made by the Ministry 
within 90 days of the submission of the application. If it is impossible, owing to the nature of the matter, to 
make the decision within that period, the Ministry may extend it to a reasonable length. The Ministry shall 
notify such an extension without undue delay to the pa rty to the proceedings. During the proceedings on the 
extension of authorisation the Ministry shall take into account, in particular, indications of the applicant’s 
competency in orderly and effective exec ution of collective rights management.  
 (6) The Ministry shall grant the authorisation to an applicant: 
   a) whose application for the granting of the authorisa tion meets the requirements set out in Paragraphs (2) and 
(3); 
   b) who has applied for authorisation for representa tion in exercising such righ ts as can be collectively 
exercised in an effective manner;  
   c) where no other person has acquired authorisation for the same item of protection and, in the case of works, 
no other person has acquired authorisation for the exercise  of rights in respect of the same type of work; and  
   d) who has the prerequisites for ensuring the orderly execution of collective rights management. 
 (7) The Ministry may only grant authorisation for the collection of remuneration for all authors or for 
all holders of the rights related to copyright in accordan ce with Article 25 and Article 37 Paragraph (2) to one 
applicant; in such cases the authorisation of any other collective rights managers only covers the distribution of 
the remuneration collected in this way to the authors or holders or rights related to copyright whom such another collective rights manager represents.  
 (8) The ruling of the decision by which the authorisation was granted, together with the indication of 
the date of finality of that decision, shall be made public by the Ministry in a manner enabling remote access. 
The Ministry shall do so without delay, not later than 30 days after the finality of the decision.  
 (9)  Unless otherwise provided in this Act, the decision  on the granting of the authorisation shall be 
governed by general regulations on administrative procedure
6). 
 
Article 99 
Withdrawal of Authorisation 
 (1) The Ministry shall revoke the authorisation: 
   a) if it is later learned that at the time of the granting of the authorisation the applicant did not meet the 
requirements for the granting of the authorisation or that  the applicant failed to meet  those requirements after 
                                                      
6) Act No. 71/1967 Coll., on Administrative Procedure (Rules of Administrative Procedure), as amended by Act No. 29/2000 
Coll.. IP/N/1/CZE/C/5 
Page 40  
 
  having obtained the authorisation, and if this was not remedied within a reasonable  period of time prescribed 
by the Ministry, or if no such remedy is possible;  
   b) if the collective rights manager so requests. 
 (2) The Ministry shall revoke the authorisation if the collective rights manager fails to meet his 
obligations set out in this Act and fails also to remedy this within a reasonable period of time prescribed by the 
Ministry. 
 (3) The collective rights manager whose authorisation is to be revoked in the administrative 
proceedings shall be the party to the proceedings. 
 (4) An authorisation revoked pursuant to Paragraph (1) Clause a) above shall terminate on the day of the 
finality of the decision to that effect, unless a later date is stipulated in the decision; the period between the finality 
of the decision and the date of the termination set out  in the decision may not be longer than six months. An 
authorisation revoked pursuant to Paragraph (1) Clause b) shall terminate on the last day of the calendar year in 
which period of six months will have elapsed from the da te of delivery of the application to the Ministry.  
 (5) Provisions of Article 98 Paragraph 5, first to third sentences, shall apply mutatis mutandis , and the 
provision of Article 98 Paragraphs (8) and (9) shall apply similarly. 
 
Article 100 
Relations of Collective Rights Mana ger to the Represented Rightholders and to the Users of Protected 
Items  
 (1) The collective rights manager shall exercise due diligence and due professional care, in order to, 
within the scope of the authorisation awarded to him:  
a) represent each rightholder in the exercise of his rights which the collective  rights  manager shall manage 
collectively on the basis of the law; 
b) undertake under normal conditions the representation of any rightholder in the exercise of his rights if the 
latter requests him to do so and proves that the item of protection has been exploited in the relevant manner, 
and if that rightholder is not represented in the exer cise of the same right relating to the same item of 
protection – and in the case of works in the exercise of the same right to the same type of work – by a 
foreign person pursuant to the provision of Article 97 Paragraph (5) a); 
c)  represent each rightholder in the exercise of  his rights within the scope agreed with him; 
d)  represent rightholders on equal terms; 
e) keep a register of contractually represented rightholders and register of rightholders entered to the evidence; 
the register may only contain such data which are necessary for the execution of collective  rights 
management; 
f)  keep a register of the items of protection for which the rights are being collectively managed, if such items 
are known to the collective rights  manager; the register may only contain such data which are necessary for 
the execution of collective rights  management; 
g) inform anybody who  requests such information whether he represents the holder of rights in respect of a 
certain item of protection in the exercise of a certain right, and to issue a written certificate thereon at the 
request and cost of the applicant; 
h)  conclude contracts on reasonable and equal terms with the users of the items of protection or with the bodies 
authorised to protect the interests of users under a special legal regulation6a) who exploit the items of 
protection in the same or similar way, or with persons obliged to pay remuneration in compliance with this 
Act. For the users, such contracts shall ensure that: 
1. authorisation is granted to exercise the right to use the item of protection for which the collective  
rights manager manages such right collectively; 
2. the amount and way of payment of remuneration is set pursuant to Article 96 Paragraph (1) Clause a) 
Items 1 and 2, and Clause b) and its disbursement is monitored; 
   3. the amount and way of payment of remuneration is set pursuant to Article 19 Paragraphs 1 and 2 on 
the basis of the number of persons to whom the work is communicated;   
                                                      
6a)  Act No. 257/2001 Coll., as amended.   IP/N/1/CZE/C/5 
 Page 41 
 
 
  4. the way of payment of remuneration, provided for in this Act, is determined; 
i)  assert under his own name and on the account of the represented rightholders claims for damages, claims for 
the surrender of unjust enrichment from unauthorised exercise of a collectively managed right, and claims 
for abstention from the unauthorised exercise of a collectively managed right, unless the rightholder, if 
authorised to do so, asserts such claims hims elf, or unless such a procedure is wasteful; 
j)  collect for the rightholders, in compliance with law and with the agreements referred to under h) above, the 
remuneration and the proceeds, if any, from the surrender of unjust enrichment, and to distribute and pay out 
them in compliance with the allocation schedule; 
k)  keep a register of collected remuneration and proceeds from surrendered unjust enrichment and enable the 
rightholder to inspect the register for checking the correctness of the amount paid out to him as remuneration or as the proceeds, if any, from the surrender of unjust enrichment; 
l)   build a reserve fund from the collected remuneration and the contingent proceeds, from the surrender of 
unjust enrichment; 
m) prepare regular financial statements, have them audite d, and submit them together with the auditor’s report 
to the Ministry, without undue delay after the audit and after approval by the collective
 rights manager’s 
managing body; 
n) draft, by 30 June of each year, an annual report on the activities and economic management (hereinafter the 
“annual report”) for the preceding calendar year, including also the annu al financial statements and the 
auditor’s report; the annual report shall contain a full an d fair description of all decisive facts and shall be 
made available to the represented rightholders; 
o)  make public, without undue delay, the annual financ ial statements, including the auditor’s report, in the 
Commercial Bulletin; 
p)  inform the Ministry about all changes in the data indicated in the application for the authorisation pursuant to 
Article 98 Paragraph (2) Clause a), including changes of the person who is the statutory body of the 
collective rights manager or member of such a body,  and provide evidence of such changes, all without 
delay, not later than 15 days from such a change; 
r)  provide the Ministry with a copy of: 
1.  changes to the documents attached to the application for the authorisation pursuant to Article 98 
Paragraph 3 Clauses a) to c) within 15 days from any such change; 
2.  collective agreement concluded by the collective rights manager within 15 days from the date on 
which the Ministry requested it; 
3.  agreement pursuant to Article 97 Paragraph (5), concluded by the collective rights manager, within 
15 days from the date on which the Ministry requested it; 
4.  the ruling of the court or any other relevant authority, if the collective rights manager is a participant 
in the proceedings, within 15 days from the date on which the Ministry requested it; 
   s) make public in a suitable manner, enabling also remote access, the proposed am ount of remuneration tariffs 
or the way of calculating such amounts for the respective ways of exploitation of the item of protection;    
   t) inform the Ministry about the decisions of courts or other relevant bodies in the proceedings to which the 
collective rights manager is a party and which are of  substantial importance for the collective rights 
manager’s activities. 
 (2)  The collective rights manager shall represent the rightholder on the latter’s account and under the 
collective rights manager’s name. The collective rights manager shall execute collective rights management on a 
non-profit basis. The collective rights manager shall ho wever be entitled to claim compensation for effectively 
expended costs. 
 (3)  Users of items of protection as well as persons liabl e to pay special remuneration shall be obliged to 
allow the collective rights manager to perform the orderly execution of collective rights management and may not, without serious reason, refuse the provision to the collective rights manager of the information needed for 
that purpose. The collective manager may not use the information acquired during inspecting activities for any 
purpose other than the execution of collective rights management. The collective rights manager shall be 
authorised to monitor the   duly and timely fulfilment of agreements concluded by him in the execution of 
collective rights management; the users of items of protection as well as persons liable to pay special remuneration, or other parties to such agreements, shall be obliged to allow the collective rights manager to 
carry out such activities.  IP/N/1/CZE/C/5 
Page 42  
 
   (4) The operator of a premise or other space, who provides the premise or other space for a non-
theatrical performance of a mu sical work with or without text, or of an artistic performance (hereinafter “public 
musical performance”), shall provide the relevant collective rights manager wi th the needed data and assistance 
so that the producer of such a musical performance can be duly identified. 
 (5)  The provider of a live public musical performance shall submit to the operator of the live public 
performance the performance’s programme, listing the names of the authors and titles of the works that are to be 
performed, and shall do so not later than 20 days before the event. The operator of the live public musical 
performance must forward the data, including the programme of the performance and the names of the authors 
and titles of works that are to be produced, to the relevant collective rights manager not later than 10 days before 
the event, unless stipulated otherwise in the contract  concluded by the producer and the collective rights 
manager.  
 (6)  Upon concluding contracts in accordance with Paragraph (1) Clau se h), the following shall be 
considered: 
   a) whether the item of protection will be used within a business or other economic activity;  
   b) the direct or indirect economic or commercial be nefit, which the user will enjoy by exploiting the item of 
protection or in the context of exploitation of such an item;  
   c) the specific features and characteristics of the pl ace or region, in which the item of protection is used;  
   d) the purpose, manner, scope and circumstances of the exploitation of the item of protection.  
 (7)  Upon drafting the proposals of the remuneration amount or the method of calculation thereof, the 
collective rights manager must consult the legal persons asso ciating the relevant users of the items of protection, 
if such legal persons have contacted the collective rights manager to this end, and provided that they represent 
more than a negligible number of users.  
Article 100a 
 (1) The collective rights manager or the holder of the rights represented by the manager can not raise a 
cease-and-desist claim [Article 40 Paragraph (1) Clause b) ], nor to claim damages or the surrender of unjust 
enrichment pursuant to a special provision of this Act [Article 40 Paragraph (4) ] based on an infringement of the 
collectively managed rights or its endangering, if, in the light of such infringement or exposure of the right, the 
user or an entity authorised to defend the interest of the users associated in that entity opens duly and without 
undue delay negotiations with the relevant collective rights manager to conclude a contract required by this Act, 
or if in this context the user or the said entity agrees with using a mediator pursuant to this Act (Article 102). 
 (2) The provision of Paragraph (1) is without prejudice to the claim to the surrender of unjust 
enrichment in the standard amount pursuant to special legal regulations.
 6b). 
 (3) The impediment to raise a cease-and-desist clai m pursuant to Paragraph (1) above shall not arise or 
vanishes if a waiver to raise such a claim is at variance with the legal joint interests of the rightholders, i.e., in 
particular, if the conduct of the user or the authorised re presentative of the associated users clearly indicates that 
they do not intend to conclude the cont ract specified in Paragraph (1), or if the claimed surrender of the unjust 
enrichment pursuant to special legislation is thus jeopardised.6b). 
 
Article 101 
Collective and Cumulative Agreements 
 (1) The collective rights manager shall provide by means of agreements based on Article 100 
Paragraph (1) Clause h) Item 1 authorisation to exercise  the right to use the items of protection defined either 
individually or cumulatively – i.e. including all items of protection for which he collectively manages such right. 
Where the collective rights manager grants the authorisa tion to exercise rights to items of protection defined 
cumulatively (the term used for the purposes of this Ac t is “cumulative agreement”), and where user data on the 
use of the specific items of protection are needed for the distribution of collected remuneration, the collective 
rights manager shall be entitled to request such data from the user. The cumulative agreement must be made in 
                                                      
6b) Section 451 et seq . of Act No. 40/1964 Coll., the Civil Code, as amended.  IP/N/1/CZE/C/5 
 Page 43 
 
 
  writing. The provision of the preceding sentence shall also apply, mutatis mutandis , to agreements pursuant to 
Article 100 Paragraph (1) Clause h) Items 2 to 4. 
 (2) The collective rights manager may not impose on the users of the items of protection any 
restrictions that exceed the framework of  protection provided fo r in this Act.  
 (3) The collective rights manager shall be free of the obligation pursuant to Article 100 Paragraph (1) 
Clause h) if the conclusion of the agreement would be in contravention of the legitimate common interests of the rightholders, or if the proposed agreement is intended to  grant authorisation relating to an individually defined 
item of protection, where the concluion of the agreement would be in contravention of the legitimate interests of 
the rightholders  in respect of such an item of protection. 
      (4) The collective rights manager shall also be free of the obligation to conclude, pursuant to 
Article 100 paragraph (1) Clause h), an agreement with a legal entity associating users (the term used for the 
purposes of this Act is “collective agreement”) in the event that it is not possible to fairly require of him to enter 
into such an agreement because of the negligible number of us ers associated by such entity. 
 (5) The collective agreement shall be made in writing and the rights and obligations of the associated 
users towards the collective rights manager shall be derived directly from the agreement; this shall be without 
prejudice to the rule that the collective rights mana ger shall act on the account of the rightholders. 
 (6) The collective rights manager shall be entitled to prohibit temporarily, for the period of the arrears, 
a user who is in arrears with the pa yment of remuneration to him, and who fails to pay such remuneration even 
within an additional thirty-day grace period awarded fo r that purpose by the collec tive rights manager, from 
using the items of protection to which the user would otherwise be entitled on the basis of the agreement 
concluded with collective rights manager. 
 (7) The collective rights manager shall also be authorised to issue the ban pursuant to Article 72 
Paragraph (4) and Article 76 Paragraph (3); he may apply th is authorisation both in relation to individual or all 
artistic performances and phonograms, the ri ghts to which he manages collectively. 
 (8) The collective rights manager shall be authorised to provide authorisation to the user to exercise the 
right to use the items of protection manager as a non-exclusive authorisation. 
 (9) Where, on the basis of a cumu lative agreement pursuant to paragraph (1), the relevant collective 
rights manager grants a licence: 
   a) for performing artistic performances from a phonogram published for commercial purposes, or for 
performing those phonograms as such;   
   b) for the non-theatrical performance of musical works with or without text from a phonogram published for 
commercial purposes; 
   c) for the radio or television  broadcasting of a certain type of works;    d) for performing radio or television broadcasting of a certain type of works, artistic performances, 
phonograms  and  audiovisual fixations; 
   e) for the lending of the original or reproduction of a work, except computer program, or for the lending of a 
work or a performer’s performance fixed as an audio or audiovisual fixation, and for the lending of such fixations; 
   f) for making available the works by a library
6a), also including the making of a reproduction of a published 
work, to individual members of the p ublic upon request in accordance with  Article 18 Paragraph (2) for the 
purposes of research and private study; this shall not apply to computer programs, phonograms, audiovisual 
fixations, published musical notation of a musical work or musical - dramatical  work, and also to the works not subject to licence agreements, and to cases where the rightholder forbade it;  
   g) for live non-theatrical perfor mance of a work, if the performance of the work do not look towards the 
achieving direct or indirect economic or commercial benefit; 
it shall be deemed that such a licence has been granted not only to apply to the relevant items of protection, and in 
the case of works, to the relevant types of works of th e rightholders represented on the basis of the agreement, but 
also to all others, who thus consider themselves repres ented on the basis of the law. This shall not apply to 
audiovisual works or to works used audiovisually in the ca se of a licence pursuant to Clauses c) and e), or to any 
such rightholder not represented on a contractual basis, who, in relation to the user and to the relevant collective  
rights manager, has excluded the validity of the cumulati ve agreement for a specific case or for all cases; he may 
not however exclude the validity of the cumulative agre ement in the case of a licen ce pursuant to Clause d). IP/N/1/CZE/C/5 
Page 44  
 
   (10) In distributing and paying out the remuneration collected by him on the basis of cumulative 
agreement pursuant to Paragraph (9) for rightholders not represented on a contractual basis, the relevant collective rights manager of rights shall take into account  those rightholders who have  applied for registration 
with the collective rights manager for such purposes. The collective rights manager is obliged to invite for 
registration those for whom he collected the remuneration and who are known to him. 
 (11) If the user of the items of protection enters into contracts for the provision of authorisation to 
exercise the right to use the items of protection in respect of which more than two collective rights managers 
manage the respective rights, such a user is entitled to request that those collective rights managers shall 
authorise a joint representative under Article 97 Paragraph (5) to conclude a single contract. This provision shall 
also apply, mutatis mutandis , to cases where collective agreements are concluded in  accordance with Paragraph 
(4) above.  The purpose of authorising a joint representativ e of the collective rights managers is to ensure that 
the collective rights management is executed in an expedient manner.   
 (12) The collective rights manager who was awarded authorisation to collect remuneration for all 
authors in accordance with article 98 paragraph 7 is ob liged to provide the remuneration to another collective 
rights manager to distribute it among the authors whose rights are managed by such another collective rights 
manager.  
 
Article 102 
Mediators of Collective and Cumulative Agreements 
 (1) To provide assistance in the negotiation of co llective agreements, or of  cumulative agreements 
[Article 100 Paragraph (1) Clause h) ], as the case may be, the parties to  the agreement may use one or more 
mediators appointed for this purpose by the Ministry from the ranks of independent experts. For the purposes of this Act, the appointee must be  legally competent and willing to perform this activity. The list of mediators 
shall be available to the public and shall be maintained by the Ministry, taking into account the nominations 
made by collective rihts managers and users, or by their associations. 
 (2) Where the parties to the agreem ent do not agree on a mediator within 30 days from the submission 
of the proposal by any of the parties to negotiate a mediated collective agreement pursuant to paragraph (1), the 
mediator shall be designated by the Ministry within 14 days from the submission of the application. 
 (3) The application for the negotiation shall be submitted to the mediator in writing by any of the 
parties to the agreement. In the application the party sha ll indicate the current state of  the negotiations and attach 
its own proposal and the statement of the other party to the agreement. The parties to the agreement shall be 
obliged to coordinate their steps during the negotiation. 
 (4) The mediators shall assist the parties to the agreement during the negotiation and shall submit, if 
necessary, to the parties their own proposals within  30 days from the delivery of the application. 
 (5) Unless any of the parties submits, within 30 days from the submission of the proposal of the 
mediator pursuant to paragraph (1), an objection to the proposal, it shall be deemed that the proposal has been accepted by the parties. 
 (6) The mediator shall be entitled to a contractual fee agreed by the parties to the agreement, and to 
compensation of unavoidably incurred costs. Unless the pa rties to the agreement agree on the fee for his work in 
the negotiation of the collective or cumulative agreement,  the mediator’s fee shall be double the amount of the 
minimum wage paid for employees who receive their pay on a monthly basis
7). The mediator’s fee and the cost 
incurred by him in connection with his work shall be born e in equal proportion by the parties to the agreement.  
 
Article 103  
Supervision by the Ministry 
 (1) In accordance with this Act, the Ministry s upervises the collective rights managers that are 
authorised to execute collective rights management hereunder.  
 (2) In executing its supervision under Paragraph (1) above, the Ministry may:  
                                                      
7) Section 2 (1)(b) of Government Decree No . 303/1995 Coll., on Minimum Wage, as amended   IP/N/1/CZE/C/5 
 Page 45 
 
 
     a) request the collective rights manager to provide information and submit the documentation necessary to 
execute the supervision; 
   b) investigate whether any breach of duties imposed by this Act has occurred;     c) impose, if any faults are identified in respect of compliance with this Part of the Act, the duty to remedy 
such a fault, set a reasonable term for the impl ementation of such remedy and impose fines.   
 (3) The collective rights manager is obliged to provide within the reasonable period, set by the 
Ministry, complete and true information and assistance within the scope of what the Ministry may require under 
Paragraph 2 above.  
 (4) The costs incurred by the collective rights mana ger in connection with the Ministry’s supervision 
under Paragraph 2 above shall be borne by the collective rights manager. 
(5) Should a collective rights manager fail to fulfil the imposed duty to ensure that a fault is remedied 
within the prescribed period of time, the Ministry ma y impose on the collective rights manager an enforcement 
fine of up to CZK 100,000 to enforce the fulfilment such a duty, and may do so repeatedly. The total amount of 
enforcement fines so imposed may not exceed CZK 500 000.  
 (6) Should a  collective rights manager fail to fulfil the duty under Paragraph 3, the Ministry may 
impose upon such a collective rights manager a disciplinary fine of up to CZK 50,000, and may do so repeatedly 
if the rights  manager so fails even in the period newly set by the Ministry. The total amount of disciplinary 
fines so imposed may not exceed CZK 200,000. The proc eedings on the imposition of the disciplinary fine may 
be commenced not later than within 1 month of  the date of failure to fulfil the duty.  
 (7) Where the Ministry finds out on the part of the collective rights manager a breach of a duty ensuing 
from this Act, it may impose a fine on the collective rights manager up to CZK 500,000. The fine may be imposed repeatedly. The fine may be imposed not later than within one year from the date on which the 
Ministry finds out that a breach of duty has occurred. When stipulating the amount of the fine, the Ministry shall 
take into account the severity of the breach of the duty and its consequences.  
 (8) Fines shall be collected and recovered by the Mi nistry. Fines represent inco me to the State Fund of 
Culture of the Czech Republic.  
 (9) Imposition of the duty to remedy faults and of a fine hereunder shall be without prejudice to 
responsibility under any other legal regulations.  
 (10) Ministry supervision shall be without prejudi ce to supervision by the Office for the Protection of 
Economic Competition under a special legal regulation.
8). 
 
Article 104 
Rules for Distribution of Remuneration Collected by Collect ive Rights Manager 
 (1) Of the remuneration collected pursuant to Article 25 Paragraph (3) Clauses a) and c):  
   a) in the case of technical devices for the fixation of sound recordings and in the case of blank carriers of 
sound recordings, 50% shall go to the authors and the other 50% shall go to the performers and producers of 
sound recordings, who shall receive e qual proportions of that amount.   
   b) in the case of technical devices for the fixation of  audio-visual recordings, and in the case of blank carriers 
of such recordings, 60% shall go to the authors, including, but not limited to, directors of audiovisual works,  
authors of literary, dramatic and musical -dramatical wo rks, authors of musical works with and without text, 
camera operators, architects, set designers (scenographers), costume designers, art directors and authors of choreographic and pantomime works, and 40% shall go to performers and producers of audiovisual 
fixations (split into 25% for the producers of audiovisual fixations and 15% for performers).  
 (2) Of the remuneration collected pursuant to Artic le 25 Paragraph (3) Clauses a) and c), unless the 
remuneration falls under Paragraph (1) above, and of the remuneration collected pursuant to Article 25 
Paragraph (3) Clause b) and Paragrap h 4, authors shall receive 60% (of th is, authors of literary works, also 
including scientific and cartographic wo rks, shall receive 45% and authors of  fine art works shall receive 15%), 
and the remaining 40% shall go to publishers of the published works.  
                                                      
   8) Act No. 143/2001 Coll., on Protection of Economic Competition and on Amendment to Certain Acts (Act on the Protection of 
Economic Competition), as amended.  IP/N/1/CZE/C/5 
Page 46  
 
   (3) Of the remuneration collected pursuant to Article 37 Paragraph (2), 75% shall go to authors of 
literary works, also including scientific and cartographic wo rks, and 25% shall go to authors of fine art works.  
 
TITLE V 
CONCURRENT PROTECTION 
 
Article 105 
Copyright shall not be prejudiced by rights relating to copyright or by the database maker’s right to the 
database made by him. Protection of works under copyright shall not exclude the protection stipulated by special 
legislation.  
TITLE VI 
ADMINISTRATIVE INFRACTIONS, OFFENCES, MISDEED)) 
 
Article 105a 
Administrative Infractions 
 (1) A natural person may commit contravention if he:  
   a) makes unauthorised use of an author’s work, artistic performance, phonogram or audiovisual fixation, radio 
or television broadcast, or database; 
   b) infringes copyright in the manner specified in Article 43 Paragraph 1 or 2, or in Article 44 Paragraph 1; or    c) as a trader involved in the sale of an original of  a work of art, fails to fulfil the notification duty under  
Article 24 Paragraph 6. 
 (2) A fine of up to CZK 150,000 shall be imposed  for a contravention under Paragraph 1 Clause a); a 
fine of up to CZK 100,000 shall be imposed for a contravention under Paragraph 1 Clause b); and a fine of up to 
CZK 50,000 shall be imposed for a contravention under Paragraph 1 Clause c).  
 
Article 105b 
Administrative Infractions of Le gal Persons and Sole Traders  
 (1) A legal person or a sole trader ma y commit administrative infraction if he:  
   a) makes unauthorised use of an author’s work, artistic performance, phonogram or audiovisual fixation, radio 
or television broadcast, or database;  
   b) infringes copyright in the manner specified in Article 43 Paragraph 1 or 2, or in Article 44 Paragraph 1; or 
   c) as a trader involved in the sale of an original of  a work of art, fails to fulfil the notification duty under  
Article 24 Paragraph 6. 
 (2) A fine of up to CZK 150,000 shall be imposed for an administrative infraction under Paragraph 1 
Clause a); a fine of up to CZK 100,000 shall be imposed for an administrative infraction under Paragraph 1 
Clause b); and a fine of up to CZK 50,000 shall be imposed for an administrative infraction under Paragraph 1 Clause c).     
  
Article 105c 
Common Provisions 
 (1) A legal person shall not be held responsible for an administrative infraction if it is able to prove 
having made all reasonable effort as may be re quired to prevent the breach of a legal duty.  
 (2) The gravity of the administrative infraction, including, but not limited to, the manner of its 
commitment, its consequences, and the circumstances in which it was committed shall be taken into account in 
assessing the fine.   IP/N/1/CZE/C/5 
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   (3) Responsibility of the legal pe rson for administrative infraction shall cease unless the administrative 
body initiates proceedings thereon within 1 year of the date on which it learned about the infraction but not later 
than 3 years after the date  of commitment thereof. 
 (4) In the first instance, administrative infractions hereunder shall be heard, under transferred authority, 
by the municipality with extended authority in the territory of which the administrative infraction was committed.  
 (5) Provisions of the Act on Legal Person’s Respon sibility and Sanctions shall apply to responsibility 
for the conduct during the business activities of a sole trader
8a) or in direct connection therewith. 
 
 (6)  Fines shall be collected and recovered by  the body that imposed them. The proceeds from 
fines shall go to the budget from which the work of the body that imposed the fine is financed.   
 
TITLE VII 
TRANSITIONAL AND FINAL PROVISIONS 
 
Article 106 
Transitional Provisions 
 (1) This Act shall govern the legal relations establis hed as of the date on which this Act comes into 
effect. Legal relations in effect hitherto, and the rights and obligations arising from such legal relations, as well 
as the rights arising from liability for breach of contracts concluded before the date on which this Act comes into 
effect, shall be governed by provisions in effect before that date. 
 (2) All the terms that have started running before the date on which this Act comes into effect shall be 
treated on the basis of the provisions effective before the date on which this Act comes into effect, and so shall 
the terms that are set for  claiming the rights, which are governed, pursuant to paragraph (1), by the provisions 
hitherto in force even where such terms start running after the date of  the entry into effect hereof.   
 (3) The period of duration of economic rights shall be governed by this Act also where the term has 
started before the entry into effect of this Act. Where the term of duration of those rights has expired before the 
date of entry into effect hereof, and would have continued hereunder, the term shall be renewed as from the date 
on which this Act comes into effect for the remaining period. Reproductions of items of protection for which the 
term of duration of economic rights is being renewed, which were lawfully acquired before the date of entry into effect hereof, may however continue to be freely disseminated for another two years after the entry into effect 
hereof. 
 (4) In accordance with this Act, protection shall also  be provided to copyright-protected items that have 
not been hitherto protected according to existing provisions [Article 1 Clause b) Items 3, 5 and 6 and Article 2 
Paragraph (2)], or whose protection content is different from that defined in this Act. The National Film 
Archive
9) shall be deemed to be the producer of any Czech audio-visual recording of a work made public in the 
period between 1 January 1950 and 31 December 1964 . The State Fund of the Czech Republic for the 
Promotion and Development of Czech  Cinematography which, in comp liance with special legal provisions10), 
exercises the copyright to audio-visual recordings of audio-visual works made public in the period between 1 January 1965 and 31 December 1 991, shall be deemed to be th e producer of such works.  
 (5) The provision of Paragraph (4) shall be without prejudice to the right of the National Film Archive 
to manage the original record carriers for audio-visual works. 
 (6) The provision of Paragraph (4), first sentence, shall be applied mutatis mutandis  where the works 
are databases pursuant to the provisions of Article 88, but only if they were made not earlier than 15 years 
before the entry into effect of this Act. 
                                                      
8a) Section 2 (2) of the Commercial Code.  
  9) Section 6 of Act No. 273/1993 Coll., on Certain Conditions of  the Production, Distribution a nd Archiving of Audiovisual 
Works, on Amendment to Certain Acts  and Certain Other Regulations.  
10) Act No. 241/1992 Coll., as amended by Act No. 273/1993 Coll.; Section 14 of Act No. 273/1993 Coll..  IP/N/1/CZE/C/5 
Page 48  
 
   (7) Authorisations to execute collective rights management, granted in compliance with legal 
provisions in effect hitherto, shall be considered author isations to execute collective rights management of rights 
in accordance with this  Act. The content and scope of such authoris ations shall be brought into compliance with 
this Act by the Ministry, which will issue, within 90 days from the date of entry into effect hereof, new 
authorisations to the relevant persons. 
 (8) Administrative proceedings commen ced before the entry into effect of this Act shall be brought to 
conclusion in compliance with this Act. 
 
Article 107 
Final Provisions 
 (1) The provisions of this Act shall apply to th e works of authors and artistic performances of 
performers who are citizens of the C zech Republic, irrespective of the pla ce where such works or performances 
are created or made public.    
 (2) The provisions of this Act shall apply to the works and performances of foreign nationals and 
people without nationality in accordan ce with the international treaties binding on the Czech Republic and 
promulgated in the Collection of Laws of the Czech Re public, or, in the absence of such a treaty, where 
reciprocity is assured.  
 (3) Where none of the conditions stipulated by Para graph (2) are satisfied, this Act shall apply to the 
works of authors and performances of performers who are not Czech nationals if their works and performances were first made public in the Czech Republic or if th e author or performer resides in the Czech  Republic. 
 (4) Copyright in the works of foreign nationals shall not subsist for longer than copyright in the state of 
origin of the work
11). 
 (5) The provisions of this Act shall apply to the phonograms of the producers of phonograms domiciled 
or resident in the territory of the Czech Republic; they  shall also apply to the p honograms of foreign producers 
of phonograms, provided that the provisions of Paragraphs (2) and (3) are applied mutatis mutandis . 
 (6) The provision of Paragraph (5) shall apply, mutatis mutandis , to audiovisual fixations, radio and 
television broadcasts, works in the public domain pub lished pursuant to Article 28 Paragraph (2), works 
published by a publisher pursuant to the provisions of Article 87, and databases pursuant to the provisions of 
Article 88.  
 
PART ELEVEN  
REVOKING PROVISIONS 
 
Article 117 
This is to revoke: 
1. Act No. 35/1965 Coll., on Works of Literature, Science and Art (Copyright Act). 2. Act No. 89/1990 Coll., amending Act No. 35/1965 Coll., on Works of Literature, Science and Art (Copyright 
Act). 
3. Act No.86/1996 Coll., amending Act No. 35/1965 Coll., on Works of Literature, Science and Art (Copyright 
Act), as amended by Act No.  89/1990 Coll., Act No. 468/1991 Coll., Act No. 318/1993 Coll. and Act No. 
237/1995 Coll.  
  
                                                      
  11) Article 5 Paragraph (4) of the Berne Convention for the Pr otection of Literary and Artis tic Works of 9 September 1886, 
complemented at Paris on 4 May 1896, revised in Berlin on 13 N ovember 1908, complemented at Berne on 20 March 1914, and revised  
at Rome on 2 June 1928, at Brussels on 26 June 1948, at Stockhol m on 14 July 1967, and at Paris on 24 July 1971 (Ministry of Fo reign 
Affairs Regulation No. 133/1980 Coll.)   IP/N/1/CZE/C/5 
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  PART TWELVE 
EFFECT 
 
Article 118 
 
This Act shall come into effect on 1 December 2000. 
 
________________________________________________________________________________________ 
 
 
Annex to Act No. 121/2000 Coll. 
 
Tariffs of Remuneration for the Re-sale of an Origin al of a Work of Art and Tariffs Relating to the 
Reproduction of Works for Personal Use and to the Lending of Works 
 
     1. On the resale of an original of an artist ic work in the territory of the Czech Republic, the persons 
referred to in Article 24 paragraph (6) shall pay remuneration to the relevant collective rights manager, 
who was granted authorisation to ex ecute collective rights management wi thin a scope that includes the 
collection of remuneration from such persons. The remun eration shall be: 
 
a)   4%  of the part of purchase price up to          50 000 EUR, 
b)   3%  of the part of purchase price from          50 000 EUR     to  200 000 EUR, c)   1%  of the part of purchase price from         200 000 EUR     to 350 000 EUR, 
d)  0.5%  of the part of purchase price from      350 000 EUR     to 500 000 EUR, 
e)  0.25%  of the part of purchase price above  500 000 EUR. 
 
Total amount of remuneration may not exceed 12 500 EUR.  
     2. Persons referred to in Article 25 paragrap h (2) Clause a) or Clause d), who are domiciled or 
permanently resident or, as the case may be, resident fo r not less than 183 days in the relevant calendar 
year, either continuously or in several periodical stay s, in the territory of the Czech Republic, are obliged 
to pay remuneration twice annually to the relevant collective rights  manager who is authorised pursuant 
to this Act to execute collective rights management within a scop e that includes the collection of 
remuneration from such persons.  
     3. Lump sum remuneration due on the import or acceptance or first sale of technical devices 
designated for the making of reproductions of sound or audiovisual fixations shall be 3% of the selling 
price of the devices being sold, irrespective of wh ether such devices serve for the recording of merely 
sound, or merely image, or simultan eously sound and image, or any other recording. In the case of radio 
and television sets enabling to make a record of a br oadcast, the remuneration shall be 1.5% of the selling 
price of the sets being sold. 
      4. Persons referred to in Article 25 Paragrap h (2) Clause b), or Clause  d), who are domiciled or 
permanently resident or, as the case may be, resident fo r at least 183 days in th e calendar year, either 
continuously or in several periodical  stays, in the territory of the Czech  Republic, shall be obliged to pay 
remuneration twice annually to the relevant collective rights 
manager who is authorised pursuant to this Act to  execute collective manage ment within a scope that 
includes the collection of remuneration from such persons.  
     5. Persons referred to in Article 25 Paragrap h (2) Clause e) shall be obliged to pay remuneration 
pursuant to Article 25 Paragraph (5) once a year to the relevant collective rights manager who is authorised in accordance with this Act to execute collective rights management within a scope including 
the collection of remunerati on from such persons. 
 IP/N/1/CZE/C/5 
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       6. The remuneration for one print reproduction shall be: 
a) for a black-and-white reproduction  CZK 0.20 per page b) for a coloured reproduction        CZK 0.40 per page 
     7. The probable number of the print reproduc tions of works made by rep roduction service providers 
shall be as follows: 
a)   when made in the premises of libraries,  museums, galleries, schools and other educational 
facilities: 70% of the total number of print reproductions made by the provider of paid 
reproduction services; 
b)   when made in the premises of archives, g overnment offices and offices  of territorial self-
governing units and in the premises of other rep roduction service providers: 20% of the total 
number of print reproductions made by the provider of paid reproduction services 
 
     8. Persons referred to in Articl e 25 paragraph 2 Clause c)  or Clause d), who have their registered office 
or place of business, or are domiciled, or permanently  resident or, as the case may be, are resident for not 
less than 183 days in the relevant calendar year, either continuously or in several periodical stays, in the 
territory of the Czech Republic, sh all  be obliged to pay remuneration  twice  annually to the relevant 
collective rights manager who is au thorised pursuant to this Act to execute collective rights management 
within a scope the at includes the collection of remuneration from such persons. 
 
     9. For the persons referred to in Articl e 37 Paragraph 1, the remune ration under Article 37 
Paragraph 2 shall be paid by the government once annually to the relevant co llective rights manager. 
 
     10. Remuneration for lending shall be CZK 0.50 for one loan.  
 
****** 
 
Act No. 81/2005 Coll., amending Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright 
and on Amendment to Certain Acts (the Copyright Act) came into effect on the date of its promulgation (23 
February 2005). 
 
Act No. 61/2006 Coll., amending Act No. 106/1999 Coll., on Free Access to Information, as amended, 
Act No.  121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the 
Copyright Act), as amended by Act No. 81/2005 Coll., and Act No. 128/2000 Coll., on Municipalities (the 
Municipalities Act), as amended, came into effect on 1 January 2006.   
Act No. 216/2006 Coll., amending Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright 
and on Amendment to Certain Acts (the  Copyright Act), as amended, and certa in other Acts, came into effect on 
the date of promulgation (22 May 2006). 
 
  
Prime Minister  
 
 __________