Estados Unidos de América
República Checa
Derecho de autor y derechos conexos
1. Please explain whether and how the law of the Czech Republic provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)). In particular, please explain how national treatment is afforded with respect to the distribution of levies for private copying under the relevant provisions of the law of the Czech Republic.
The Czech legislation provides protection for works and performances from other WTO Members on the basis of national treatment according to Article 50 paragraphs 2, 4 and 5. Relevant provisions of the Copyright Act read as follows: (2) To works of foreign nationals the provisions of this Act shall apply pursuant to international treaties, and if no such treaties exist, their reciprocity shall be guaranteed. (4) Copyright relating to the works of foreign nationals may not last longer than that in the country of origin of the work. (5) Above mentioned provisions shall apply per analogiam also to performing artists and their performances. The international treaty mentioned in paragraph 2 is inter alia the TRIPS Agreement. We would like to stress that the Czech Copyright Act provides protection for work of foreign authors and for performers on the level of national treatment and to the extent provided by international agreements to which the Czech Republic is a contracting party. The rights of producers of phonograms and broadcasting organizations are protected on the basis of international agreements or if the reciprocity is granted. The Copyright Act involves the provisions regarding private copying in Article 13 paragraphs 2 and 3. The remuneration for private copying is granted to authors, performers, producers of phonograms and broadcasting organizations. Broadcasters shall not enjoy such a right in the case that they transmit broadcasting of other broadcasters. The remuneration is subject to the collective administration and for blank tapes two collective organizations operating in this field. The remuneration is provided on the basis of blank tapes' sales price's percentage. Collective societies distribute the remuneration to authors, performers and producers of phonogram's broadcasters and also to foreign collective societies on the basis of their agreement.