Abstract
The copyright regulation that is valid and applicable in the territory of the Czech Republic has sources from three legal systems—international, EU, and national. The fundamental international sources of the Czech copyright include six international treaties regarding copyright, including the Berne Convention, and sixteen concerning intellectual property. The principal EU sources include especially EU Directives, including Directive 2001/29 on the harmonization of certain aspects of copyright and related rights in the information society (“InfoSoc Directive”). The principal national sources, i.e. the internal Czech sources, of the Czech copyright legal regime are the Czech copyright lex specialis, Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright (“Copyright Act”), along with the Czech Constitution, Bill of Fundamental Rights and Freedoms, Civil Code, Antitrust Act, Administrative Order, and Criminal Code.
The author is grateful to the Czech Grant Agency, GA CR, which provided the support for this contribution via grant GA ČR No. 17-11867S “Comparison of the interaction between the law against unfair competition and intellectual property law, and its consequences in the central European context.”
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Notes
- 1.
R. MacGregor Pelikánová, History of the Czech Copyright Regulation, Journal on European History of Law, 2011, 2(2): 201–205.
- 2.
K. Schelle, J. Tauchen, J. Hejda, and R. MacGregor Pelikánová, Základy občanského práva. Kapitola 9: Autorské právo [Fundaments of the Civil law. Chapter 9: Copyright], 2nd ed, Ostrava: B.I.B.S., Key Publishing s.r.o. 2010, p. 217.
- 3.
H. Chaloupková and P. Holý, Autorský zákon – Komentář [Copyright Act – Commentaries], 4th Ed, Prague: C. H. Beck 2012, p. 3.
- 4.
R. MacGregor Pelikánová, History of the Czech Copyright Regulation, Journal on European History of Law, 2011, 2(2): 201–205.
- 5.
R. MacGregor Pelikánová, History of the Czech Copyright Regulation, Journal on European History of Law, 2011, 2(2): 201–205.
- 6.
Article 2 Author’s work
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(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 especially a literary work expressed by speech or in writing, a musical work, a dramatic work or musical-dramatic work, a choreographic work and pantomimic work, a photographic work and a work produced by a process similar to photography, an audio-visual 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.
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(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 the way of the selection or arrangement of its content is the author’s own intellectual creation, and in which the individual parts are arranged in a systematic or methodical way and are individually accessible 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…
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(6) The author’s work pursuant to this Act are not especially the theme 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.
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- 7.
M. Bartoň, Internetový odkaz jako užití díla [Internet link as a use of work] Revue pro právo a technologie, 2016, 14, 151.
- 8.
Article 14 Distribution
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(1)
The distribution of the original or a copy of a work is understood as making accessible to the public of work in the tangible form or other ownership title transfer to the original or a copy of the work, including their offering for this purpose.
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(2)
By the first sale or another first transfer of the ownership right to the original or to the copy of the work in the tangible form, which was done by the author or with his or her consent in the territory of any EU member states or a state belonging to the European Economic Area, exhausts the copyright of the author regarding the distribution in the EU and in the EEA. However, the right on the rent (for commercial profit) and on the loan (for non-commercial purposes) remains intact.
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(1)
- 9.
Section 4 Exceptions and restrictions of copyright
Subsection 1 General provision
Artiww9
-
(1)
Exceptions and restrictions of Copyright can be applied only in special cases provided for by this Act and only if such a use of copyrighted work does neither conflict with a regular use of the work nor disproportionally affect the legitimate interests of the author.
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(1)
- 10.
H. Chaloupková and P. Holý. Autorský zákon – Komentář [Copyright Act – Commentaries], 4th Ed, Prague: C. H. Beck 2012, p. 53.
- 11.
L. Jansa L et al. Internetové právo [Internet law].1st ed, Prague: Albatros Media a.s., 2016.
- 12.
Article 30 Free use
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(1)
The use of the work pursuant to this Act shall not mean its use for the personal need of a natural person, if the purpose is not to reach directly or indirectly economic or commercial profit, unless this Act provides otherwise.
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(2)
Further, the Copyright shall not be infringed by someone who, for his or her personal use, makes a record, copy or imitation of a work.
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(3)
Unless this Act states otherwise, the use under this Act is the use of a computer program or electronic database even for personal needs of a natural person or own internal needs of a legal entity or business conduction natural person, including making copies of such work even for such needs.
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(1)
- 13.
Article 30a Making copies on paper or similar medium
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(1)
The Copyright shall not be infringed if
-
a)
a natural person for his or her personal need,
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b)
a legal entity or business making natural person for its own internal need,
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c)
someone based on an order from a natural person for his or her personal need,
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d)
someone based on an order from a legal entity or business making natural person makes a print copy of work on a paper or on a similar medium by photographic techniques or another method with a similar effect, except note transcript.
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a)
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(1)
- 14.
H. Chaloupková and P. Holý, Autorský zákon – Komentář [Copyright Act – Commentaries], 4th Ed, Prague: C. H. Beck 2012, p. 56.
- 15.
L. Jansa L et al., Internetové právo [Internet law].1st ed, Prague: Albatros Media a.s., 2016.
- 16.
L. Jansa L et al., Internetové právo [Internet law].1st ed, Prague: Albatros Media a.s., 2016.
- 17.
Article 33 Utilization of a work located in a public area
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(1)
Copyright shall not be infringed by whoever records or expresses by drawing, painting, graphic art, photography or film a work located on a square, in a street, in a park, on a public route or in any other public place; even more, copyright shall not be infringed by whoever further uses such an expressed, captured, or recorded work. If possible, it is necessary to indicate the name of the author, or the name of the person under which name the work is presented to the public, and the name of the work and its location.
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(2)
The provisions of paragraph (1) shall not apply to making a copy or an imitation of an architectural work or to the reproduction and distribution of the work by means of a three-dimensional reproduction.
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(1)
- 18.
Article 34 Official reporting license
There is no breach of copyright if someone uses
-
a)
in a legitimate extent, a work based on the law for public securities, court or administrative proceedings purposes or for other official purposes or for Parliament proceedings and for making a recording about them;
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b)
work in the relation to news reporting relating current events, and this in the extent reflecting information purpose;
-
c)
in the reflecting manner the work in periodical press, TV or broadcasting … to communicate news reporting about current political, economic, religious matters ….
-
d)
political speech or extracts from public speeches or similar works in the extent reflecting the information purpose…
-
a)
- 19.
Article 35 Utilization of the work as a part of civil and religious ceremonies, as a part of school performances and the utilisation of a school work
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(1)
Copyright shall not be infringed by whoever utilizes a work for non-commercial purposes during civil and religious ceremonies.
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(2)
Copyright shall not be infringed by whoever utilizes a work for non-commercial purposes during school performances performed exclusively by the pupils, students or teachers of the school or of the school or educational establishment.
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(3)
Copyright shall also not be infringed by the school or school or educational establishment if they use for non-commercial purposes for their own internal needs a work created by a pupil or student as a part of their school or educational assignments ensuing from their legal relationship with the school or school or educational establishment (school work).
-
(1)
- 20.
P. Prchal, Obhajoba výjimky pro účely parodie, karikatury, parafráze, koláže [Defense of the exception for parody, caricature, paraphrases, collages] Acta MUP, 2016, 1, 74.
- 21.
Article 38g Licence for caricature and parody
There is not a breach of a copyright if someone uses a work for caricature or parody purposes.
- 22.
Article 25 Right to remuneration in connection with the reproduction of the work for personal needs or own internal need
-
(1) For published works, which can be reproduced for
-
a)
personal needs of a natural person or internal needs of a legal entity (§30 and §30a) on a paper.
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b)
personal needs of a natural person based on an audio, audio-video or other recording … the author has right on a compensation.
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a)
-
(2) The person obliged to pay the compensation to the collective administrator (collecting society) is
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a) a producer of device for making reproduction of recordings,
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b) a producer of devices making print reproductions,
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c) a producer of unrecorded carriers for recording,
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e) provider of paid reproduction services for print copies (Article 30a).
-
-
(4) The compensation to be paid based on 2b) depends upon the probable number of device designed to make print reproduction pursuant to Article 30a …The probable number of these device is set as 20%. The compensation is calculated based on the average price of the device without added value tax.
-
(7) The Ministry of Culture sets in its Decree types of devices for making print reproduction and types of unrecorded carriers for recording and the fixed compensation. Further the amount of the compensation is set in Annex 1 to this Act.
-
- 23.
Annex 1 of the Copyright
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3. One-time payment for on first sale of the devices for making record copies is 3% of its sale price. For broadcasting and TV receivers allowing to make audio, video or audio-video recording is 1.5% of the sale price of such receivers.
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6. Remuneration for making one print copy of a work is
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a)
black and white – CZK 0.20 per page
-
b)
colour – CZK 0.40 per page
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a)
-
- 24.
R. MacGregor Pelikánová, History of the Czech Copyright Regulation. Journal on European History of Law, 2011, 2(2): 201–205.
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MacGregor Pelikánová, R. (2018). Czech Republic. In: Kilpatrick, B., Kobel, P., Këllezi, P. (eds) Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-319-71419-6_17
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