Unauthorized use

User, who makes an unauthorised use of performers´ performances and fixations of producers and/or in spite of the ban issued by INTERGRAM (for delay with the payment of the remuneration) under Article 101 Par. 6 of the Copyright Act, uses their performances and fixations by communicating to the public, infringes the rights of these subjects and their conduct may be qualified
●    as an infraction under Article 32 Paragraph 1 a) of the Law No. 200/1990 Coll., the Administrative Infractions Act and Article 105a of the Copyright Act,
●    as an administrative delict by virtue of Article 105b of the Copyright Act,
●    or depending on the danger of the act for society as a criminal offence by virtue of Article 270 of the Law No. 40/2009 Coll., Criminal Code.
●    By unlawful action the user also breaches duty imposed by Article 31 Paragraph 21 of the Law No. 455/1991 Coll., Act to Regulate Trades (Trade Act).
●    Provisions of Articles 40 Par. 4, Article 74, 78 and 82 of the Copyright Act further on determine the amount of unjust enrichment incurred on the part of whomever uses the items of protection unlawfully without having been granted the necessary licence shall be double the remuneration that would have been awarded under habitual conditions at the time of unauthorised use of the item of protection.