Unión Europea
República Checa
Derecho de autor y derechos conexos
1. Could the Czech Republic specify in detail the provisions in the Copyright Act which may limit the exclusive rights of the rightholder (Article 13 of the TRIPS Agreement).
The Czech Copyright Act contains several basic principles which should be clarified prior to the answer. According to Article 14, paragraph 1 a work may be used only upon the author's permission, should it not be permitted directly by the law. Paragraph 2 further stipulates that the author's permission following from the law may not be excluded or reduced by agreement between the parties. Paragraph 3 sets up that a work may be used without the author's permission only in cases specified in Article 15. These principles apply partially also to the rights of performers. The Czech Copyright Act has no limitations and no exceptions to the exclusive author's right regarding non-voluntary licences for the sound recording of musical works corresponding to Article 13, paragraph 1 of the Berne Convention and has no non-voluntary licences for primary broadcasting and satellite communication corresponding to Article 11bis, paragraph 2 of the Berne Convention. Exceptions and limitations according to Articles 9(2), 10 and 10bis of the Berne Convention are implemented in Article 15 of the Czech Copyright Act and do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the authors. The permitted use of the work for private copying according to Article 15, paragraph 2a does not apply to computer programs. On the other hand, regarding private copying the equitable remuneration is granted from unrecorded carriers. Exclusive right of performers is limited by cases of free usage of performances and legal licences. The user does not need any approval and is not obliged to pay a fee for using the performance for user's personal need (in such a case the performers are entitled to get remuneration from unrecorded carriers) and for using the performance from a recording or phonograms exclusively for scientific or educational purposes and within the framework of reporting about actual event by photograph, film, radio or television (so-called unpaid reporting licence). The user does not need approval, however, he is obliged to pay a fee in respect of making the recording of performer's performance realized for broadcasting organization provided that the recording is taken by this organization by its own means for its own broadcasting, and further in case of broadcasting the performance by radio or television provided that it is done from recording or phonogram which was made with performer's approval. Sound recording can be used only with approval of a producer who is entitled to get remuneration. Producer's approval is necessary for broadcasting of sound recordings and phonograms by radio or television, for making the reproductions of sound recordings or phonograms for other than own personal need, for public performance of sound recordings or phonograms, for lending and rental of sound recordings or phonograms. Producer of phonograms is entitled to get remuneration also from unrecorded carriers and rental. Radio or TV programme may be rebroadcasted, recorded for other than own personal need, and such recording may be further reproduced or otherwise communicated to the public only with the approval of the organization having realized the programme. Broadcasting organizations have the right for compensation except for that case when they transmit broadcasting of other broadcasting organizations. Unpaid reporting licences and licences for scientific and educational purposes are used both for producers of phonograms and broadcasting organizations.