Unión Europea
República Checa
Derecho de autor y derechos conexos
2. How is the notion "normal exploitation of the work" defined in the Copyright Act or other related laws (Article 13 of the TRIPS Agreement)?
The notion "normal exploitation of the work" is not directly defined in the Copyright Act. The reason is that the exceptions and limitations, which are always considered as an interference with the exclusive right of authors, are confined to certain special cases indicated in Article 15. The exceptions and limitations cannot be interpreted to a larger extent. The Copyright Act contains provisions regarding the exercise of author's right, for which publishers of a collection of the works, cartographic works and periodicals as well as producers of a film or a work expressed in similar manner are authorized. According to Article 17, also the employer has the right to exercise the author's rights regarding the work created by the employee for fulfilment of his duties resulting from his employment. By this means, the Copyright Act grants the justified interests of rightholders and users. In connection with the contracts on dissemination of work we use normal exploitation of the work as regards the form, purpose and extent of dissemination of a work. Especially author's permission to use the work in a manner which is agreed in a contract, may not be extended to the use of work which parties to the contract could not have in mind or to that one which was unknown at the time of conclusion of a such contract.