Basic areas of rights of sound recordings producers, collectively administrated by the INTERGRAM:
a) Area of so-called compulsorily collectively administered rights
The section§ 96 of the Copyright Act includes enumeration taxative list of rights , which can be administrated only on behalf of collective administator; individual administration is forbidden by law. In particular:
Rights subject to mandatory collective administration
- Rights subject to mandatory collective administration are the following
a) the right to remuneration for
- the use of an artistic performance fixed on a phonogram published for commercial purposes by broadcasting or by rebroadcasting and by retransmission of the broadcast (Article 72 paragraph (1)),
- the use of a phonogram published for commercial purposes by broadcasting or by rebroadcasting and by retransmission of the broadcast (Article 76 paragraph (3)),
- the making of a reproduction for personal use on the basis of a sound or audiovisual fixation by the transfer of its content by means of a technical device to an empty carrier of such fixation (Article 25 paragraph (1) a) and b), Article 28 paragraph (2), Article 71 paragraph (3), Article 76 paragraph (4), and Article 80 paragraph (3)),
b) the right to the appropriate remuneration for the rental of the original or a copy of the work, or of a performance by a performer fixed in an audio or audiovisual fixation,
c) the right to use by cable retransmission of works, the live performances and performances fixed on phonogram, with the exception of such performances whose phonogram has been published for commercial purposes [clause a) item1] and, further, the right to the use by cable retransmission of audiovisual fixations and phonograms other than those published for commercial purposes [clause a) item 2].
b) Area of so-called public performances
Copyright Act sets in the section§ 18, in connection with the sections § 74 and 78 and 82 of the Copyright Act communication to the public, what means communication in an intangible form, live or from a record, by wire or wireless. Communication to the public as one of the form of using of works, performances and recordings(section § 12 subsection 4 letter f) of the Copyright Act) is in following sections (§ 19 – 23 of the Copyright Act) defined through the demonstrative enumeration. One of the form of a communication to the public is also performing from a recordings and its transmission ( section§ 20, or more precisely § 74 and 78 of the Copyright Act). Communicationof artistic performances and sound or sound-visual recordings to the public through its performing or transmission (so-called direct public production) is such a kind of use, when performance and recordings are available through equipment in premises available to the public. Communication of artistic performances and records through radio and television sets – section § 23 of the Copyright Act
(so-called indirect public production) is a making available of a performance and a record broadcasted by radio or tv sets, which have a technical capability for a receiving of a broadcast or transmission of it.. In this connection it is necessary to say, that the amendment of the Copyright Act, which came into force 23 February 2005 as the Act No.81/2005 Sb. (thereinafter „Amendment No. 81/2005 Sb.“) completed the section § 23 of the Copyright Act with a sentence that use of objects of protection according to this section is not considered as an accessing of objects of protection through the devices, which have a technical capability for a receiving of a broadcast or transmission of it housed in terms of provision of services connected with an accommodation, if these devices are placed in premises intended for a personal use by housed persons. In regard of a contrariety of this enactment to European and international law and especially in regard of the decision of European Court of Justice (from 7 December 2006) in a similar case of Spanish organization for protection of human rights and Spanish hotel network, which considers above mentioned use of objects of protection through devices placed in hotel rooms as a communication to the public, new modification of the Act – suitable to what was mentioned - is awaited.