Collection of remuneration from users. User of performances and recordings through the communication to the public is a such individual or corporation, which during performing of its activity extends performances and recordings to the public, i.e. for example an organizer of a public production, during which performances and records are extended.
According to the section§ 71 subsection 1 and 2 letter g) and § 76 subsection 1 and 2 letter e), more precisely also § 80 subsection 1 and 2 letter e) of the Copyright Act, artistic performances and records cannot be used by its communication to the public without a permission from the performes and record producers.
When the user of sound or sound-visual recordings needs a permission (licence) for its use?
Always, aside from a case of a use for a personal need. According to § 71, § 76 and § 80 of the Act No. 121/2000 Sb. as amended by its subsequent precepts (Copyright Act) it is impossible to use performances and fixed performancesand sound and sound-visual recordings without permission of performers and producers with the exceptions mentioned in §§ 30 – 39 of the Copyright Act. For accordance of a permission for an exercise of a right to use performances and recordings, user covenants to performers and producers an remuneration (§ 46 subsection 1, more precisely § 74, 78 and 82 of the Copyright Act). Every user must have this permission (licence), first of all the user - organizer so-called public production, especially
- during the arrangement of discotheques or other dancing or musical forms of entertainments, where the performances of performers are used
- during communication of performances and recordings to the public through a tape-recorder, CD player, video, DVD player, multimedial PC, radio or tv receiver, jukebox etc. in premise available to the public, for example in restaurants, hotels or other accommodation facilities, in shops, sport stadiums, swimming pools, gymnasiums etc.
- during broadcasting of performances and recordingts on radio or on tv (if it is not the use according to § 72 of the Copyright Act).
The economic rights of the performer shall run for 50 years from the creation of the performance. Where however a fixation of such performance is made public during this period, the rights of the performer shall not expire until 50 years from the time when such faixation was made public.
We collect remuneration first of all
- for a use of sound recordings issued for commercial purposes through broadcasting or transmission and transfer
- cable transmission of performances and recordings
- • for making copies for a personal use (from producers, importers and consignees of devices serving for making copies and data medium of these copies and recordings).