WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP /N/I/CZE/C/2 
20 March 1996 
(96-1016) 
Original: English/anglais/ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Czech Republic 
The present document reproduces 1 the text of the Act on Collective Administration of Copyright 
and Rights Similar to Copyright and on Modification and Amendment of Some Laws, as notified by 
the Czech Republic under Article 63.2 of the Agreement (see document IP/N/lICZEIl). 
ConseU des aspectS des dioIis de propnete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Republigue tchegue 
Le present document contient le textel de la Loi sur I' administration collective du droit d' auteur 
et des droits analogues et sur la modification et l' amendement de certaines lois, notifiee par la Republique 
tcheque au titre de l'article 63:2 de l'Accord (voir le document IP/N/lICZE/1). 
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 pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Republica Checa 
El presente documento reproduce el textol de la Ley de Administraci6n Colectiva de los derechos 
de autor y derechos similares a los derechos de autor y de modificaci6n y enmienda de algunas leyes 
segnn 10 notificado por la Republica Checa de conformidad con el parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/lICZE/1). 
IIn English only./ Anglais seulement.lEn ingles solamente. IP/N/1/CZE/C/2 
Page 2 
Act I\l". j;::;" 
of 1995 
on collective administration unofficial translation 
of copyright and rights similar to copyright 
and on modification and amendment of some laws 
The Parliament passed the following Act of the Czech Republic: 
PA RT I 
Collective administration of copyright and rights similar to copyright 
Section 1 
Collective administration pursuant to this Act is representation of perso'ns, whom 
belong copyright or right similar to copyrights following from the Copyright Act 1 
(hereinafter referred to only as IIcopyright holderll), at enforcement of right to granting 
of permissions for use of works, performances of performing artists, sound, image 
or audiovisual recordings or own programmes of radio and television organizations 
(hereinafter referred to only as IIsubjects of protection pursuant to the Copyright Ace), 
right to remuneration for such use and at enforcement of right to fair settiemene. 
Section 2 
(1) Collective administration.shall be executed in the following spheres: 
a) collective performance of works by individuals or through technical equipment, 
b) public performance of sound, image or audiovisual recordings and shots 
through technical equipment serving for mechanical interpretation or 
presentation of their contents, 
c) broadcasting of works, recorded performances of performing artists and 
sound, image or audiovisual recordings or shots by radio, television or their 
propagation by other technical means, 
1Act No. 35/1965 CoiL, on literary, scientific and artistic works (Copyright Act), in wording of the 
Act No. 89/1990 Call., Act. No. 468/1991 CoiL, and the Act No. 318/1993 Coli. 
2Section 31 of the Copyright Act. IP/N/lICZE/C/2 
Page 3 
d) public performance or presentation of works already broadcasted by radio or 
television, 
e) lease, lending or other making public available of reproducti,?ns, ex possibly 
reproductions of recordings of their performance by performing artists, except 
for architectonic works, works of applied arts and works provided for the 
purpose of realization of contractual authorizations following from copyright, 
f) making of sound, image or audiovisual recordings for own personal use with 
transferring of their contents to blank supports of such recordings (Section 13 
par. 2 and 3 of the Copyright Act), 
g) making of reproductions pursuant to Section 15 par. 2 lit. a) of the Copyright 
Act with reprographic (photocopying) equipment through third parties, 
h) financial settlement of authors upon further sale of originals of their works 
(Section 31 of the Copyright Act), 
i) public exhibitions of works, making of their reproductions and further public 
use of such works or their reproductions. 
(2) Collective administration is carried out as a rule for literary, scientific, theatrical, 
musical, graphic and architectural branch of creative activity (hereinafter referred to 
only as 'branchll). 
Section 3 
Collective administration may be executed by legal entities only, which 
a) have their registered office in the territory of the Czech Republic, 
b) were established or founded pursuant to Czech laws3
, 
c) gained authorization for execution of collective administration for the defined 
branch in the respective sphere pursuant to this Act 
(hereinafter referred to only as "protection organizations"). 
Section 4 
(1) The granting of authorization to execution of col/ective administration shall be 
decided by the Ministry of Culture of the Czech Republic (hereinafter referred to only 
as "Ministry") on the basis of an application of a legal entity meeting the conditions 
pursuant to Article 3 lit. a) and b) (hereinafter only the "applicant". The written 
3For example Section 105 et seq., Section 154 et seq., Section 221 et seq. of the 
Commercial Code, 
Section 2 of the Act No. 83/1990 CoiL, on associating of citizens, in wording 
of the Act No. 300/1990 Coil., Act No. 513/1991 CoiL, and the Act No. 
68/1993 Coil. IP/N/lICZE/C/2 
Page 4 
application must comprise: 
a) name, address, identification number (if assigned), and designation of the 
applicant's sta~utory body, first names, surnames, addresses·of its members 
and the way of their acting for legal entity, 
b) definition of the branch and sphere, in which the applicant intends to execute 
collective administration, 
c) declaration of the number of persons, which authorized the applicant 
contractually to their representation in enforcement of their rights pursuant to 
the Copyright Act, or declaration of the number of persons, with whom it has 
concluded a contract, pursuant to which it will execute collective administration 
in case it is granted authorization pursuant to Section 5 of this Act. 
(2) The applicant shall attach the following documents to the application pursuant 
to par. 1: 
a) document certifying the applicant was established as a legal entity, 
b) the accounting rules, containing the way of division of collected remunerations 
and compensations to the represented copyright holders, approved by the 
applicant's supreme body constituted by the applicant's members or partners 
(hereinafter referred to only as the "supreme body"), 
c) model draft of contracts on representation of copyright holders during 
execution of collective administration. 
(3) The party to the action pursuant to paragraph 1 shall be of}ly the applicant. 
Section 5 
(1) The Ministryrrto.y authorize to execution of collective administration only an 
applicant able to ensure proper execution of such administration, 
(2) In the spheres pursuant to Section 2 lit. n and g) the authorization to 
execution of collective administration may be granted only to one applicant in the 
same branch. 
Section 6 
(1) The Ministry shall keep records of protection organizations containing the 
name and address of protection organization, identification number (if assigned), legal 
form, designation of the statutory body and definition of branches and spheres, in 
which it executes collective administration. Any person requiring it may examine such 
records. IP/N/1/CZE/C/2 
Page 5 
(2) The data mentioned under par. 1 shall be published by the Ministry in the 
Central Gazette. 
Section 7 
(1) In the respective branch .and sphere the protection organization shall be 
obliged to: 
a) represent all copyright holders, who will require it, if they prove the subjects 
of protection pursuant to the Copyright Act have been used, should they not 
be represented by another protection organization in the given branch and 
sphere, if they conclude a contract with it on representation at execution of 
collective administration, 
b) negotiate the sum of remunerations and compensations for the use of subjects 
of protection pursuant to the Copyright Act, collect such remunerations and 
compensations, set down the way of their division to copyright holders and 
divide and payout such remunerations and compensations to copyright 
holders, 
c) execute collective administration in the given branch and sphere for Czech and 
foreign persons equally, in compliance with international conventions and 
treaties, which the Czech Republic is bound with, 
d) convene its supreme body once a year at least and submit it financial 
statements approved by an auditor for its approval, 
e) make financial statements available for represented copyright holders, 
f) notify the Ministry of changes in data pursuant to Section 4 par. 1 Ht. a) within 
thirty days, 
g) notify the Ministry of termination of execution of collective administration 
pursuant to this Act within thirty days after adoption of the resolution on 
termination of execution of collective administration, 
h) keep records of copyright holders represented by it as well as records of their 
works, or other subjects of protection pursuant to the Copyright Act, and 
provide with such data organizations abroad, with which it has concluded 
contracts on mutual representation, 
i) conclude contracts with users of subjects of protection pursuant to the 
Copyright Act, or with their representatives, on the way and terms and 
conditions, under which it will be possible to use such subjects of protection 
pursuant to the Copyright Act, 
j) keep records4 of remunerations and compensations collected for copyright 
holders represented by it. 
"The Act No. 563/1991 Coli., on accounting, in wording of the Act No. 117/1994 Coil. IP/N/lICZE/C/2 
Page 6 
(2) The protection organization is entitled to establish, if users of subjects of 
protection pursuant to the Copyright Act meet properly and in time ~bligations 
imposed on them by the regulations of the Copyright Act or the contract it concluded 
with them. Costs connected with this establishment shall be covered by the protection 
organization. The users are obliged to make this activity possible. 
(3) The protection organization' is obliged to pay only such remunerations and 
compensations to non-represented copyright holders, which it collected for them for 
three years retroactively from the moment, when the copyright holder required it and 
proved that the subjects of protection pursuant to the Copyright Act had been used 
in this period. 
Section 8 
(1) The protection organization shall deduct only the sum of costs connected with 
execution of collective administration from the collected remunerations and 
compensations. This amount shall be agreed by the protection organization and the 
copyright holders represented. 
(2) The sums to be deducted by the protection organization from the collected 
remunerations and compensations pursuant to par. 1 shall be prices pursuant to a 
special act5
• 
(3) The protection organization is obliged to create a special reseNe fund for 
solution of copyright holders' justified rights or claims. 
Section 9 
(1) The fulfilment of obligations i.mposed by this Act shall be supervised by the 
Ministry; for this purpose it is authorized to control fulfilment of obligations imposed 
on protection organizations by this Act. It is authorized to examine the respective 
documents and require information on fulfilment of such obligations. Protection 
organizations are obliged to make this control possible and to give the necessary 
assistance. 
(2) Should the Ministry establish that a protective organization breached 
obligations mentioned under Section 7 par. 1 and 3 and under Section 8 par. 3, it 
shall order it to remedy the breach within the set term. Should the breach not be 
remedied within the set term or should it be impossible to remedy it or should this 
~he Act No. 526/1990 Coli., on prices, in wording of the Act No. 135/1994 Coil. IP/N/1/CZE/C/2 
Page 7 
be a repeated breach of an obligation, the Ministry may withdraw the protective 
organization the authorization to execution of collective administration. 
(3) The party to the ~ction pursuant to par. 2 shall be the protection organization, 
to which the authorization shall be withdrawn. 
(4) The withdrawal of authorizatfon to execution of collective administration shall 
be published by the Ministry in the Central Gazette. 
Section 10 
(1) The organizations, which were granted an exclusive authorization to 
representation of authors or performing artists pursuant to a special regulationS 
before force of this Act, shall be considered as protection organizations pursuant to 
this Act for the period of six months from the force of this Act. 
(2) Legal entities representing copyright holders before force of this Act, when 
enforcing rights to granting of permission to use and collection and division of 
remunerations and cornpensations for the use of works, performances of performing 
artists, sound, image or audiovisual recordings and enforcing the right to fair 
settlemenf) shall be considered as protection organizations pursuant to this Act for 
the period of six months from force of this Act. 
Section 11 
Should not be set down otherwise in this Act, general regulations on 
administrative procedure7 shall apply to procedures pursuant to this Act. 
PA R T 11 
Modification and amendment of the Act No. 35/1965 CoiL, on literary 
works, scientific and artistic works (the Copyright Act), 
in wording of later regulations 
srhe Decree of the Ministry of Culture of the Czech Republic No. 241/1991 Coil., on exclusive 
authorization of some organizations representing authors or performing artists. 
7The Act No. 71/1967 Coil., on administrative procedure (administrative regulations). IP/N/I/CZE/C/2 
Page 8 
Section 12 
The Act No. 35/1965 CoiL, on literary, scientific and artistic works, (the Copyright 
Act), in wording of the Act No. 89/1990 CoiL, the Act No. 468/1991 CoiL, and the Act 
No. 318/1993 Coil. shall be modified and amended as follows: 
1. Section 13 par. 2 shall read:· 
"(2) The authors ow works which, according to their character, can be 
reproduced for own personal use (Section 15, par. 2 lit. a)) on the basis of 
a) radio or television broadcasting, or 
b) sound, image or audiovisual recording made and published by its producer 
(Section 45) 
transferred with the help of technical means to blank recording support, are entitled 
to remuneration from producers of supports, or from their importers. The right to 
remuneration cannot be claimed in case of blank recording supports for export or 
operational use of individuals or legal entities.". 
2. Under Section 13 the new par. 3 shall be inserted, which shall read as follows 
including footnote No. 1: 
(3) Authors of works, which can be reproduced for personal use due to their 
nature (Section 15 par. 2 lit. a)) on the basis of printed materials' or their 
reproductions by transfer with help of technical equipment on other material support, 
have the right to remuneration from producers of such equipment, or their importers, 
as the case may be. 
3. Under Section 13 the hitherto par. 3 shall be numbered as par. 4, which shall 
read: 
11(4) The rates of remunerations ?nd compensations pursuant to par. 2 and 3, the 
way of their payment as well as, their division among individual groups of entitled 
persons may be set down by the Ministry of the Culture of the Czech Republic 
(hereinafter referred to as the IIMinistry of Culture" only) with a decree.lf
• 
4. Under Section 39 par. 1 the text "Section 13 par. 2 and 31f shall be replaced 
by the text If Section 13 par. 2 to 411 and the text IISection 16 par. 2 and 3" shall be 
replaced by the text If Section 1611. 
5. Section 44 shall be left out. 
1 Section 1 of the Act of the Czech National Council No. 106/1991 Coil., on non-periodical 
publications, in wording of the Act of the Czech National Council No. 281/1991 Co"". PART I1I IP/N/lICZE/C/2 
Page 9 
The modification and amendment of the Act No. 468/1991 Coil., on radio and 
television broadcasting, in wording of later regulations 
Section 13 
The Act No. 468/1991 Coil., on radio and television broadcasting, in wording of 
the Act No. 597/1992 CoiL, the Act of the Czech National Council No. 36/1993 Coil., 
the Act No. 253/1994 CoiL, and the Act No. 40/1995 Coil. shall be modified and 
amended as follows: 
1. Under Section 5 lit. f) the words "who were granted the exclusive authorization 
to represent authors or performing artists in enforcement of rights.2
)1I shall be replaced 
by the words "who were granted authorization to execution of collective administration 
of copyright and rights similar to copyright2
) .". 
2. Under Section 5 lit. f) the footnote No. 2 shall read: 
"2) Section 2 of the Act No .... ./199. CoiL, on collective administration of copyright 
and rights similar to copyright, conditions of execution of collective 
administration and amendment of some acts.". 
3. Under Section 15 par. 1 after lit. d) the new lit. e) shall be inserted, which shall 
read: 
lie) the licensee did not meet its obligation pursuant to Section 5 lit. f).". 
PART IV 
The modification and amendment of the Act No. 455/1991 CoiL, on commercial 
activity (the Trade Act), in wording of later regulations 
Section 14 
The Act No. 455/1991 CoiL, on commercial activity (the Trade Act), in wording of 
the Act No. 231/1992 CoiL, the Act No. 591/1992 CoiL, the Act No. 600/1992 CoiL, the IP /NIl ICZE/C/2 
Page 10 
Act No. 273/1993 CoiL, Act No. 303/1993 CoiL, the Act No. 38/1994 CoiL, the Act No. 
42/1994 Coli., the Act No. 136/1994 CoiL, and the Act No. 200/1994 shall be amended 
as follows: 
1. Under Section 3 par. 1 after lit. a) new lit. b) shall be inserted, which including 
footnote No. 1 a) shall read: 
'b) execution of collective administration of copyright and rights similar to copyright 
pursuant to special regulation 18), 
1 a) The Act No ... ./199. CoiL, on collective administration of copyright and rights 
similar to copyright, conditions of execution of collective administration and 
modification and amendment of some regulations.". 
2. Under Section 3 par. 1 lit. b) and c) shall be marked as lit. c) and d). 
PART V 
Amendment of the Act of the Czech National Council No. 200/1990 Co!I., 
on offences, in wording of later regulations 
Section 15 
The Act of the Czech National Council No. 200/1990 CoiL, on offences, in wording 
of the Act of the Czech National Council No. 337/1992 Coil. J the Act of the Czech 
National Council No. 344/1992 CoiL, the Act of the Czech National Council No. 
359/1992, the Act No. 67/1993 Coil., the Act No. 290/1993 CoiL, and the Act No. 
134/1994 CoiL, shall be amended as follows: 
Under Section 32 par. 1 lit. a) shall be left out and lit. b), c) and d) shall be 
marked as lit. a), b) and c). 
PART VI 
Abrogation provisions Section 16 
The following regulations shall be abrogated: IP/N/1/CZE/C/2 
Page 11 
1. the Act No. 81/1957 CoiL, on musical and other concert activity, in wording of 
the Act of the Czech National Council No. 127/1990 Call., and the Act of the 
Czech National Council No: 165/1992 CoiL, 
2. the Act No. 82/1957 Coil., on variety shows, performances of circus artistry 
and folk entertainment, in wording of the Act of the Czech National Council No. 
127/1990 CoiL, and the Act of the Czech National Council No. 165/1992 Call., 
3. the Act of the Czech National Council No. 33/1978 CoiL', on theatrical activity 
(the Theatre Act), in wording of the Act of the Czech National Council No. 
122/1989 CoiL, the Act of the Czech National Council No. 127/1990 CoiL, the 
Act of the Czech National Council No. 425/1990 Coil. and the Act of the Czech 
National Council No. 165/1992 CoiL, 
4. the Decree of the Ministry of Culture of the Czech Socialist Republic No. 
196/1954 No. 1, on rates of fees for public non-theatrical performances of 
musical works, in wording of the Decree of the Ministry of Culture and 
Information No. 183/1968 Call., 
5. the Decree of the Ministry of Culture of the Czech Republic No. 116(1991 Col!., 
with which the rates of remunerations of performing artists and compensations 
for producers of sound and audiovisual recordings on public performances 
with help of technical equipment are regulated, 
6. the Decree of the Ministry of Culture of the Czech Republic NC? 117/1991 .Col!., 
on organizing of public performances, 
7. the Decree of the Ministry of Culture of the Czech Republic No. 241/1991 Coil., 
on exclusive authorization of some organizations representing authors or 
performing artists. 
PART VII 
Force 
Section 17 
This Act shall become effective as of July 1, 1995. 