Extended Collective Licensing in the Czech Republic Warsaw, March 2016 Adéla Faladová Copyright Department, Ministry of Culture, Czech Republic
Ø ECL in the Czech Copyright legislation Ø Principles/Rules of the ECL regime Ø Rights included in the ECL regime Ø Experience with ECL
• Copyright Act No. 121/2000 Coll. , in force 1/Dec/2000 - Art. 101/9 + • Amendment to the CA No. 216/2006 Coll. , in force 2006 - Art. 101/9 – broader scope (more rights covered) http: //www. mkcr. cz/assets/autorske-pravo/12 -AZ_2006_v_AJ. pdf • Proposal for Amendment – in the Parliament now - Implementation of the CM Directive 2014/26/EC (11 Articles now, 60 in the near future…) - some more rights to the ECL regime addedd
Principles/Rules of the ECL regime • authorisation for CM – from the Ministry of Culture – general condition for CM (i. a. representativeness) • legal monopoly in CM – no problem with more than 1 CMO „available for ECL“ • representation of all RHs – members / registered non-members (i. e. „known to the CMO“) – non-registered non-members (represented on the basis of the law) – 1 exception: audiovisual works or works used audiovisually in the case of a licence for broadcasting and for lending of such works
Principles/Rules of the ECL regime (continued) • opt-out principle - possibility of RH to opt-out to the user and to the relevant CMO for a specific case or for all cases (1 exception – not possible for TV+ R in restorants, hotels, shops etc. ) - (no formalities in the CA) - In practice: not many opt-outs
Principles/Rules of the ECL regime (continued) • rules for distribution – In distributing and paying – taking into account RHs represented on a contractual basis and RHs registered – relevant % of amount collected – to a reserve fund (for RHs - not known / not registered/ not represented on a contractual basis - yet) – 3 -year period (general statute of limitation of claims) • obligation of CMO to invite for registration those … known to him
Rights included in the ECL regime (in CA of 2000): • the performing of artistic performances from a phonogram published for commercial purposes, or for the performing of such phonogram • for the non-theatrical performance of musical works with or without text from a phonogram published for commercial purposes • for the broadcasting of a certain type of works • for the performing of the broadcasting of a certain type of works, artistic performances, phonograms and audiovisual fixations (TV+R in hotels, restaurants, shops etc. )
Rights addedd to the ECL regime in 2006: - for the lending of the original or reproduction of a work (not for SW, phonograms and AV fixations/recordings) - for making available the works by public libraries, incl. on-demand delivery of a reproduction …. for research and private study (not for SW, phonograms, AV, sheet music and works subject to licence agreements) - for live non-theatrical non-commercial performance of a work (public readings, e. g. In libraries – programme for schools etc. )
In 2016 draft amendment to the CA (pending) - rights to be included: • making available a work – not being a part of the collections of the library … on a dedicated terminals located on the premises of library…. /additional provision to the „Art. 5/3 n) Info. Soc regime“/ • reproduction of a out-of-commerce work (registered in a „Out-of-commerce Register“ managed by National Library) and making such work available to the public (licence for 5 years max, repetition possible) • non-commercial reproduction of published sheet music – made by library, archive, school (etc. ) - for a personal use of a person or for teaching or research • non-commercial reproduction and distribution of a work – made by school – for teaching (a larger part of a work, not covered by existing limitation+3 -step-test) • non-commercial performance of a work, performance and audio/AV recording for teaching - at schools (in larger scale than already covered by existing limitation+3 -step-test)
The Czech experience – ECL in practice: – no „special“ CMOs for ECL - supported by both RHs and users - very few opt-outs - suppport for broadening the scope of rights to be included in ECL regime
Thank you for your attention. adela. faladova@mkcr. cz
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