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A

ARTISTIC PERFORMANCE

An artistic performance is the performance of an actor, director, singer, musician, dancer, conductor, choirmaster or other person who acts, sings, recites, presents or otherwise performs an artistic work including works of traditional folk culture. The performance of an artist shall also be deemed an artistic performance.

AUDIO VISUAL FIXATION

fixed and connected images evoking the impression of movement, both accompanied by sound and mute, perceivable by sight and, if accompanied by sound, perceivable also by hearing.

C

COLLECTIVE ADMINISTRATOR

Collective Administrator is a society that had been granted authorisation to execute collective administration by the Ministry of Culture. Every collective administrator represents an explicit group of right-holders in a field of particular rights.

COMPULSORY LICENCE FOR CONSIDERATION

The Copyright Act does not require a consent of the performer to use of a performance fixed as a phonogram published for commercial purposes and to use of phonograms by radio or television broadcasting or by retransmitting the radio or television broadcast (including broadcast via the internet), because such consent already results from the legal provisions; the performer shall however be legally entitled to a remuneration for such use. The provisions relating to Compulsory Licence for Consideration shall apply analogously to the phonogram producer.

CONCESSIONARY FEE

These fees represent one of the incomes for financing the public radio (Český rozhlas) and public television (Česká televize) in accordance with the Law No. 348/2005 Coll. as amended. Concessionary fees are to be paid for the use of a device. The obligation of a user to pay remuneration for obtaining the authorisation to use the items of protection (works, performances and fixations) by communicating them to the public is regulated by the Copyright Act (Law. No. 121/2000 Coll. as amended).

CONTENT OF THE RIGHT OF THE PHONOGRAM PRODUCER

The phonogram producer shall have only economic rights. They have the right to use their phonogram and to grant by contract the authorisation to the exercise of this right to another person; this other person may only use the phonogram without such authorisation in the cases provided for in the Copyright Act. The right to use the phonogram means the right of reproduction, distribution, rental, lending, and the right of broadcasting and other communication of the phonogram to the public. The phonogram producer shall be entitled to remuneration in connection with the reproduction of their phonogram for private use. The right of the phonogram producer is transferable, and shall run for 50 years from the making of the phonogram or from making the phonogram public, as the case may be.

CONTENT OF THE RIGHT OF THE PRODUCER OF AN AUDIO VISUAL FIXATION

The producer of audio visual fixation shall have only economic rights. They have the right to use their audio visual fixation and to grant by contract the authorisation to the exercise of this right to another person; this other person may only use the audio visual fixation without such authorisation in the cases provided for in the Copyright Act. The right to use the audio visual fixation means the right of reproduction, distribution, rental, lending, and the right of broadcasting and other communication of the audio visual fixation to the public. The producer of audio visual fixation shall be entitled to remuneration in connection with the reproduction of his audio visual fixation for private use. The right of the producer of audio visual fixation is transferable and shall run for 50 years from the making of the audio visual fixation or from making the audio visual fixation public, as the case may be.

CONTRACT OF REPRESENTATION OF PERFORMER´S OR PRODUCER´S RIGHTS

INTERGRAM represents performers or producers to the extent determined by an agreement. It mainly grants authorisation to use the performances or fixations and/or in its own name claims, determines, negotiates, collects, enforces remuneration for the use of performances or fixations.

CONTROL COMMISSION

Control Commission is INTERGRAM organ, which controls company management and observance of the Statutes, fulfilment of resolutions and tasks of INTERGRAM organs, etc. Members of the Control Commission are elected by the General Assembly; its activities are regulated by the Statutes of INTERGRAM.

CUMULATIVE AGREEMENT WITH INTERGRAM

An agreement, based on which the user gains the authorisation to exercise the right to use the performances and fixations by performing from a fixation and its transmission, performing of the television and radio broadcast and for such authorisation pays remuneration. A cumulative agreement must be signed before making the performance and the fixations available to the public. By this agreement INTERGRAM grants a cumulative authorisation to use all the performances and fixations not only on behalf of right-holders represented on the basis of the agreement, but also to all others, who thus consider themselves represented on the basis of the law (Article 101, Paragraph 9 a), d) of the Copyright Act). Thus the user does not have to address thousands of Czech and foreign artists in order to obtain from every one of them authorisation to use each of their performance or fixation and negotiate with each one of them remuneration for such use.

E

ECONOMIC RIGHTS OF A PERFORMER

The performer shall have the right to use his artistic performance in its initial form or in a form adapted by another person or otherwise modified and to grant by contract to another person the authorisation to exercise this right; the other person may use the artistic performance without such authorisation only in the cases stipulated by the Copyright Act. The right to use an artistic performance shall mean his right of broadcasting the performance and other communication of the live performance to the public, the right of fixation of the live performance, the right of reproduction of the fixed performance, the right of distribution, rental, lending and the right of communication of the fixed performance to the public. The performer shall be entitled to remuneration in connection with the reproduction of his fixed performance for private use. The economic rights of the performer shall run for 50 years from the creation of the performance, or from the time when such performance (fixation) was made public and are inheritable.

G

Gratuitous STATUTORY licences

Exceptions, pursuant to which in accordance with the Copyright Act, the items of protection (work, performance or fixation) may be used without permission of the right-holders (author, performing artist or producer) and without any obligation to pay a remuneration.

I

INTERGRAM COMMITTEE

The Committee consists of members representing performing artists and producers. During the time between the General Assembly sittings the Committee is the supreme body of the society. Activities of the Committee are regulated by INTERGRAM Statutes. Its members are elected by the General Assembly.

L

LICENCE AGREEMENT

The author (performer, producer) shall grant by means of a licence agreement to the licensee authorisation to exercise the right to use the work (performance, fixation) in individual manners or in all manners of use within a restricted or unrestricted scope, and, unless agreed otherwise, the licensee shall undertake to remunerate the author (licensor).

M

MORAL RIGHTS OF A PERFORMER

The performer shall have the right to decide about the making his artistic performance available to public. The soloist, where he creates the performance alone, the conductor, choirmaster, theatre director and soloist, where they create the performance together with the members of an artistic ensemble, shall have the right to decide whether and how their name should be indicated when their performance is being made public and about further use of the performance. The performer shall have the right to protection against any distortion, mutilation or any other alteration of their new performance, which may affect their reputation. Moral rights become extinct on the death of the performer.

P

PERFORMING ARTIST (PERFORMER)

A performer is the natural person who has created the artistic performance.

PHONOGRAM

A phonogram is a fixation of the sounds of the performance of the performer or of other sounds, or of their expression exclusively perceivable by hearing.

PHONOGRAM PRODUCER

The phonogram producer is the natural person or legal entity who, on his own responsibility, has fixed the sounds of a performance of a performer, or other sounds, or their expression for the first time, or who has had such fixation made by a third party.

PRODUCER OF AUDIO VISUAL FIXATION

The producer of the audio-visual fixation is the natural person or legal entity who, on his own responsibility, has produced the audio-visual fixation for the first time, or who has had such a fixation made by a third party.

T

TARIFFS

Tariffs shall mean the amount of the remuneration for the use of performances of the performers and fixations of the producers according to the Copyright Act.

TRANSMISSION OF THE PERFORMANCE OF THE WORK (PERFORMANCE OR FIXATION)

Transmission of a performance of a work (performance or fixation) shall mean making simultaneously a work (performance or fixation) available by the means of a loudspeaker, screen or a similar device located beyond the space of the performance from fixation.