SALE OF MUSIC OVER INTERNET
For the purpose of selling music over the Internet, it is necessary to gain through a licence agreement consent for the reproduction and distribution of the items of protection (that is works, performances, fixations) from all of the involved right holders (that is authors, performing artists and producers of phonograms). Concerning consent from authors, turn to OSA (Society for the Protection of the Rights of Music Authors and Publishers). Consent from a producer of phonograms can be obtained directly from them, since they are not represented by INTERGRAM in this respect. INTERGRAM shall grant consent only in the name of those performers with whom it has the enclosed agreement of representation of their rights for this manner of use of their performances; otherwise it is necessary to turn directly to them (often it is possible to get this consent through a producer of the respective phonogram).
USE OF MUSIC FIXATION IN A COMMERCIAL SPOT
During the production of a commercial spot, it is necessary to ensure and settle the rights of all the right holders. The same shall apply to broadcast and other communications on the spot to the public.
I WANT TO ADD MUSIC TO A VIDEO RECORDING
In order to use a phonogram in this manner, you have to obtain authorisation from the holders of all the rights related to the respective recording and pay remuneration for this authorisation. Concerning performing artists INTERGRAM is entitled to grant consent only in the name of those with whom it has enclosed an agreement on representation. In order to obtain consent from a producer of phonogram, you have to turn directly to them, because INTERGRAM does not represent them in this respect.
INHERITANCE FROM A PERFORMING ARTIST
In the event of the death of a performer, their remuneration may be sent to the heirs, who have proven inheritance of the rights after the deceased performer and who enter an agreement on representation of the inherited rights with INTERGRAM. The agreement on representation of the rights of the performer´s heir may be enclosed only based on the submission of a decision on the settlement of inheritance stating who had inherited the rights from the deceased performer.
BEING A PERFORMER REPRESENTED BY INTERGRAM, MAY I MAKE MY FIXATION AVAILABLE WITHOUT ANY RESTRAINT?
Enclosing an agreement on representation of your economic rights collectively represented by INTERGRAM with INTERGRAM is without prejudice to your right to use your phonogram, such as placing your recordings on your internet pages, publishing a CD with your own recordings, etc. However, by entering this agreement you bind yourself to a fact that only INTERGRAM shall be authorised to grant consent to use your fixed performances and fixations within the scope of the agreement. Thus, you cannot grant the licence to a third person, not even gratuitously for non-commercial purposes, in cases for which you have delegated the administration of your rights to a collective administrator and also in cases that fall under so called compulsory collective administration regulated by the Copyright Act.
LIVE PUBLIC MUSICAL PERFORMANCE
In case of a live public musical performance, it is necessary to obtain from the authors a licence to use their music works through OSA (Society for the Protection of the Rights of Music Authors and Publishers). Under Article 100 Paragraph 5 of the Copyright Act, you are obliged to submit to OSA the performance´s programme, listing the names of the authors and titles of the works that are to be performed, and you shall do so no later than 10 days before the event.
I PLAN TO RUN AN INTERNET RADIO
As an operator of a radio broadcast via the Internet, you in your activities communicate the performances and fixations to the public under Article 21 Paragraph 1 of the Copyright Act, and you are obliged to pay remuneration to the entitled right holders. According to Article 72 Paragraph 3 of the Copyright Act, the right of the performer shall be infringed by anybody who does not, before the use of the phonogram published for commercial purposes by its broadcasting, conclude an agreement with the relevant collective rights administrator, setting the amount of the remuneration for such use and the terms of the payment thereof. Provisions of Article 72 shall apply, mutatis mutandis, to the phonogram producer. In other words, if you shall operate an internet radio broadcast it is necessary to enter into a licence agreement with INTERGRAM in order to settle the rights of the performers and producers of phonograms.
I HAVE A RADIO AND TELEVISION IN MY BUSINESS PREMISES. FROM WHEN DO I HAVE A DUTY TO PAY?
As an operator of business premises, you have a duty to pay for making the works, performances and fixations available by the means of a device technically capable of receiving the broadcasting according to Article 23 of the Copyright Act (Law No. 121/2000 Coll.). From the moment of the placement of a radio or television receiver in your business premises, you need to obtain a licence to use the protected performances and fixations through a cumulative agreement enclosed with our society. In other words, before making it available to the public starts, it is necessary to enter a cumulative agreement with INTERGRAM in order to gain a licence to use the protected performances and fixations. It is also necessary to enclose an agreement with collective administrators that administer the rights of the authors, mainly with OSA (Society for the Protection of the Rights of Music Authors and Publishers) which represents authors and music publishers. For further information, please see our web page www.intergram.cz. Tariffs are under section Download/Tariffs/Way of determination of remuneration for the use of phonograms for public performances for 2011. As far as OSA tariffs are concerned, try to look at their pages www.osa.cz.
I RUN A BUSINESS PREMISES WITHOUT RADIO OR TELEVISION. DO I NEED TO NOTIFY THIS FACT TO INTERGRAM?
Generally there is no duty to send such notification. However, if you send it in a written form, you will help to improve the records kept by our external partner COLLECTIVE INTELLIGENCE, a.s..
DO YOU COOPERATE WITH THE COLLECTIVE INTELLIGENCE COMPANY?
Yes, in order to make the collective administration of the rights by INTERGRAM more effective, COLLECTIVE INTELLIGENCE, a.s. Company ensures services such as the detection of public performances in the territory of the Czech Republic, assurance of background data for agreements between organisers of public performances and INTERGRAM, collection of data on organisers of public performances needed for the execution of the collective administration or assurance of collecting all documentation from the organisers of public performances, etc.
DIFFERENCE BETWEEN INTERGRAM AND OTHER COLLECTIVE ADMINISTRATORS
INTERGRAM administers all rights related to copyright that are the rights of the performing artists, producers of phonograms and producers of audio visual fixations. The rights of the authors are administered by several collective administrators, depending on the particular kind of work. For further information, please turn to the Ministry of Culture or see their web pages www.mkcr.cz.
DIFFERENCE BETWEEN OSA AND INTERGRAM
IINTERGRAM and OSA execute the collective administration in the exercise of copyrights and oversee the enforcement of the copyrights and the rights related to copyright. These collective administrators differ in the circle of represented persons. INTERGRAM represents performing artists, producers of phonograms and producers of audio visual fixations, while OSA represents composers, song writers and music publishers. In other words, each of the collective administrators represents a certain group of right holders concerning certain rights.
SALE OF MUSIC OVER INTERNET