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Penal provisions

The most recent Copyright and Related Rights Act (January 2005) foresees more drastic penal provisions for unauthorized use of copyright work.


Article 187 of Copyright and Related Rights Act

(1) Economic company, i.e. corporation or other legal entity, will be penalized for economic violation by pecuniary penalty if it:

  1. Performs unauthorized publishing, recording, copying or public communication in any way, entirely or partially, of copyright work, interpretation, phonogram and videogram, program or database, or puts into circulation or rents out or keeps for commercial purposes copies of copyright works, interpretations, , phonograms and videograms, programs or databases, copied or put into circulation without authorization (Articles 16, 20, 21, 23, 25, 26, 27, 28, 114, 124, 129, 134 and 138);
  2. In order to achieve economic benefit for himself or someone else, illegally puts into circulation or rents out copies from the paragraph 1 of this Article, for which he knows that they have been published, recorded, copied without authorization (Articles 16, 20, 21, 23, 25, 26, 27, 28, 114, 124, 129, 134 and 138);
  3. Produces, imports, puts into circulation, sells, rents out, advertises for the purpose of selling or renting out or keeps for commercial purposes devices which are mainly constructed , produced or adjusted to enable or facilitate circumvention of any technological measure or which do not have some other more important purpose besides the quoted (Article 180 paragraph 1 item 3);
  4. Circumvents any technological measure or gives or advertises services by which it is enabled or facilitated (Article 180 paragraph 1 item 4);
  5. Removes or alters electronic information about rights, or puts into circulation, imports, broadcasts or in other way communicates in public copyright work or the object of related rights protection from which is electronic information about rights removed or altered without authorization and knows or has reasonable ground to know that he induces, enables, facilitates or conceals the infringement of copyright or related right (Article 180 paragraph 1 item 5);
  6. As an owner of a building performs certain alterations on the building which is materialized copy of architectural work, and he did not offer adaptation of the work to the author first (Article 37);
  7. Performs collective management of copyright, respectively of related rights without authorization of competent organ (Article 156 paragraph 2).

(2) For actions from the paragraph 1 of this Article, person in charge in the economic company, i.e. corporation or other legal entity will also be penalized for economic violation by pecuniary penalty.


Article 188

For action from the Article 187 paragraph 1 item 3, physical person will be penalized for offence by pecuniary penalty.


Article 189

(1) Economic company, i.e. corporation or other legal entity, will be penalized for offence by pecuniary penalty if:
  1. without indication of the name of author or interpreter or under someone else’s name, entirely or partially, discloses, performs, presents, transmits disclosure or performance or broadcasts someone else’s copyright work or uses someone else’s interpretation (Article 15 and 112 paragraph 1 item 2);
  2. without authorization of the author alters or adapts someone else’s copyright work or someone else’s recorded interpretation (Article 17, 30 and 112 paragraph 1 item 3);
  3. as a gallery owner or organizer of the public sale of original fine arts works, i.e. of original manuscripts, within 30 days from the day of the sale of the copy of original work, i.e. manuscript, does not inform the author of the work about the name and address of the seller of his work, about the name and address of the new owner of the work and about the selling price or does not pay to the author 3% of the amount of selling price of the work (Article 34 paragraph 1 and 35 paragraph 1 and 2);
  4. while including into records and depositing with competent organ copyright work or object of protection of related rights, it gives false or covers up true fact about its copyright work or object of protection of related right (Article 175 paragraph 4);
  5. as a publisher, sells unsold copies of the work as used paper without previously offering them for buy up to the author or to his heir (Article 79).

(2) For actions from the paragraph 1 of this Article, person in charge in the economic company, i.e. corporation or other legal entity, will also be penalized for offence by pecuniary penalty.
(3) For actions from the paragraph 1 items 3, 4 and 5 of this Article, physical person will be penalized for offence by pecuniary penalty.


Article 190

The amount of pecuniary penalties from the Articles 187, 188 and 189 of this Act is established by the regulation of member states.