In the meaning of this Act, “performer” can be an actor, singer, musician, dancer or another person or groups of persons who acts, sings, declaims, plays on an instrument or in any other manner performs literary or artistic works or works of folklore or supervises other persons upon the performance of works, but also a person who performs in variety shows, circuses, puppet theatres, etc. (CA § 64).
Performers shall enjoy moral and proprietary rights in the performance (interpretation) of works. (CA § 65)
A performer shall enjoy the following moral rights: 1) right of authorship of the performance; 2) right to a stage name; 3) right of inviolability of the performance; 4) right of protection of the performer’s honour and reputation with respect to the performer’s performance. (CA § 66)
If the performer allows others to exercise his proprietary rights, he must give his prior consent. A performer has the exclusive right to use and to authorize or prohibit the use of the performance of a work and to obtain, for such use, remuneration agreed upon by the parties.
The following is permitted only with the consent of the performer:
- recording a performance which has previously not been fixed onto a record, audio or video tape, on film or in another manner;
- the broadcasting of performances by radio, television or satellite;
- communication a performance to the public outside the location of the performance;
- making the recording of a performance available to the public in such a way that persons may access the performance from a place and at a time individually chosen by them;
- use of the sound and image of the performance separately if they are recorded together and form a unified whole;
- the direct or indirect, temporary or permanent, partial or total reproduction of the recording of a performance in any form or by any means;
- the distribution of recordings to the public;
- the rental and lending of the recording of a performance. (CA § 67)
When creating an audiovisual work, the producer of the work has the right to rent the work on the basis of an individual or collective agreement, unless agreed otherwise in the agreement. The performer of the work retains the right to receive fair remuneration.
Producer of phonograms
A producer of a phonogram (sound recording) is a natural or legal person on whose initiative and responsibility a first legal recoding of the sound or other sound arising from the performance is recorded. (CA § 69).
A producer of phonograms has the exclusive right to authorize or prohibit:
- direct or indirect, temporary or permanent, partial or total reproduction (copying) of the phonograms in any form or by any means;
- importation of copies of phonograms;
- distribution of phonograms to the public;
- renting or lending of copies of phonograms;
- making the phonograms available to the public in such a way that persons may access the phonograms from a place and at a time individually chosen by them. (CA § 70)
All reproductions made without authorization of the producer of phonograms shall be considered pirated copies and shall be subject to special confiscation. Copies may be made, for example, for educational and scientific purposes as well as for personal use. In the latter case, compensation is provided to rightsholders in the form of a “blank cassette” fee paid by persons who manufactures or imports recording equipment and media intended for and capable of personal recording and unrecorded audio and video recording media.
If a phonogram or its reproduction published for commercial purposes is used for communication to the public, the performer and the producer of phonograms are entitled to obtain equitable remuneration (CA § 72 (1)).
The rights of a producer of phonograms shall run from the first fixation of the phonogram. If a recording of the phonogram is lawfully published within this period, the rights of the producer of phonograms shall expire in seventy years as of the date of the first lawful publication. If, during the term specified in the first sentence, no lawful publication has occurred and the phonogram has been lawfully communicated to the public, the specified rights shall expire in seventy years as of the date of the first lawful communication to the public. (CA § 74 (1) 2).
Broadcasting service providers
Broadcasting service providers have the exclusive right to authorize or prohibit:
- retransmission of their broadcasts;
- recording of their broadcasts;
- direct or indirect, temporary or permanent, partial or total reproduction of recordings of their broadcasts in any form or by any means;
- communication of broadcasts to the public if such communication occurs in places open to the public against payment of an entrance fee;
- making recordings of their broadcasts available to the public in such a way that persons may access the broadcasts from a place and at a time individually chosen by them;
- distribution of recordings of their broadcasts to the public. (CA § 73)
These rights do not extend to a cable network operator who retransmits by cable network broadcasts of broadcasting service providers.
Rights of producers of first fixations of films
Producers of first fixations of films have the exclusive right to authorize or prohibit:
- direct or indirect, temporary or permanent, partial or total reproduction of the originals or copies of their films in any form or by any means;
- distribution of the originals or copies of their films to the public;
- renting or lending of the originals or copies of their films;
- making available the originals or copies of their films in a manner that persons can use the films in the place and at the time of their individual choice.
“Film” means audiovisual work or moving images whether or not accompanied by sound. (CA § 731)
The producer of the first fixation of a film shall enjoy the rights from the first fixation of the film. If the film is lawfully published or lawfully communicated to the public within this period, the rights of the producer of the first fixation shall expire in fifty years as of the date of such publication or communication to the public, whichever is the earliest. (CA§ 74 (1) 4).
Creators of Databases
The databases also have independent protection, which is why creators of databases have special rights to protect investments made by them. (CA § 751)
“Database” means a collection of works, data or other economics arranged in a systematic or methodical way which are individually accessible by electronic or other means. The definition of database does not include computer program used in the making or launching it. (CA § 752)
The creator of a database is a person who has made a substantial investment, evaluated qualitatively or quantitatively, in the collecting, obtaining, verification, arranging or presentation of data which constitutes the contents of the database. (CA § 753)
The creator of a database has the exclusive right to authorize and prohibit the use of the database and to obtain remuneration agreed between the parties for such use. (CA § 754 (1)).
The following is permitted only with the authorization of the creator of a database:
- extractions from the database or from a substantial part thereof. “Extraction” means the permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form;
- re-utilisation of the database or a substantial part thereof. “Re-utilisation” means any form of making available to the public all or a substantial part of the contents of a database by the distribution of copies, renting, on-line or other forms of transmission.
In addition to the creators of databases, rights and prohibitions are also forseen for the lawful user of a database. (CA § 755).
A lawful user of a database has the right to make extractions and re-utilize insubstantial parts, evaluated qualitatively or quantitatively, of the content of the database made available to public in whatever lawful manner for any purposes whatsoever.
A lawful user of a database in whatever manner shall not prejudice the copyright or related rights in the works or other economics contained in the database which is made available to the public
A lawful user of a database in whatever manner may, without the authorization of its creator and without payment of remuneration, extract or re-utilise a substantial part of the database which is lawfully made available to the public in the case of:
- extraction of the content of a non-electronic database for private purposes;
- extraction of the database for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;
- extraction or re-utilization of the database for the purposes of public security or an administrative or judicial procedure to the extent justified by the purposes of public security or an administrative or judicial procedure. (CA § 756)
The term of protection of the rights of the creator of a database shall expire in fifteen years from the first of January of the year following the date when the database was completed. (CA § 757).
If there is a substantial change, evaluated qualitatively or quantitatively, to the contents of a database, including any substantial change resulting from additions, deletions or alterations, which would result in the database being considered to be a substantial investment, evaluated qualitatively or quantitatively, the rights of the creator of the changed database shall expire in fifteen years from making of corresponding changes. In such case, the term shall be calculated pursuant to the procedure provided for in subsection (2) or (3) of § 757.
Last updated: 17.03.2022