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Protection of Copyright

Articles 177-186 of the Copyright and Related Rights Act

Article 177.

(1) Copyright holder, interpreter, producer of phonogram, producer of videogram, producer of program, producer of data base and acquirer of exclusive licenses for copyright and related rights, may, by lodging complaint, demand the following and particularly:

  1. establishing infringement of right;

     
  2. cessation of infringement of right;

     
  3. destruction or alteration of means by which infringement was committed, including also the copies of objects of protection, their wrapping material, matrices, negatives, etc.;

     
  4. destruction or alteration of tools and equipment by which objects, through which infringement of right was caused, were produced, if that is necessary for protection of rights;

     
  5. compensation of economic damages;

     
  6. publication of court decision at the expense of the infringer.

(2) Author, i.e. interpreter, is entitled to complaint for compensation of non-economic damage because of infringement of its moral rights;

(3) Provision from paragraph 1 item 3 of this Article does not refer to:

  1. Realized works of architecture
     
  2. Separable parts of object by which infringement of right was caused, if production of such parts and putting them into circulation are not illegal.

(4) Plaintiff may request, instead of asking for destruction or alteration of means by which infringement was committed (paragraph 1 item 3 of this Article), that these means are handed over to him.


Article 178

If infringement of economic right was performed intentionally or due to extreme negligence, plaintiff may, instead of compensation of economic damage, request compensation up to three times the amount of usual compensation which he would receive for the concrete form of use of object of protection, if its use was legal.


Article 179

(1) Regardless to the provision from the Article 9 paragraph 2 of this Act, if the name of the plaintiff was marked on the copy or other form of materialization of copyright work, i.e. the object of the related right, he will be considered copyright holder on that work, i.e. of related right on that object of protection, until proven otherwise.

(2) Procedure upon complaint for infringement of copyright and of related rights, is urgent.


Article 180

(1) Infringement of right is:

  1. Exploitation of any subject matter of protection by using unlawfully multiplied copies of that subject matter, i.e. on the basis of unlawful broadcasting;
     
  2. Keeping copies of copyright work or the subject matter of related right for commercial purposes if holder knows or has ground to know that it is about unlawfully produced copy;
     
  3. Production, import, putting on the market, sale, renting out, advertising with the purpose of selling or renting out or keeping devices which have been primarily designed, produced or adapted to enable or facilitate avoiding any technological measure and which do not have other more important purpose except the one mentioned;
     
  4. Avoiding any technological measure or giving or advertising service by which it is made possible or facilitated;
     
  5. Elimination or change of electronic information about rights, or putting on the market, import, broadcasting or in other manner public communication of copyright work or subject matter of related legal protection from which is electronic information about rights unlawfully eliminated or changed, and that perpetrator knows or has ground to know that by that induces, enables, facilitates or covers up infringement of copyright or related right.
(2) According to the paragraph 1 of this Article:

  1. Expression "technological measures" designates each technology, device or part which was designed, during its intended use, to disable or restrict operations in connection with copyright work or other subject matter of protection for which right holder or holder of related right did not give agreement;
     
  2. Expression "information on rights" designates each information which originates from right holder and which identifies copyright work or subject matter of related right protection, author i.e. right holder, or information about conditions of use of the work or subject matter of related right protection, or any number or code which presents such an information.

Article 181

(1) Copyright and right of interpreter may not be the object of enforced performance.

(2) Object of enforced performance may only be certain financial claims which originate from the right from the paragraph 1 of this Article.

(3) Unfinished works and unpublished manuscripts can not be the object of enforced performance.


Article 182

At the request of the right holder who proves probability that his copyright or related right is infringed, or that it is going to be infringed, court may decide about the provisional measure of taking away or withdrawing from circulation the object by which infringement is performed, i.e. about the measure of placing a ban on continuation of commenced actions by which infringement may be performed.


Article 183

(1) At the request of the right holder who proves probability of infringing his copyright or related right, or that infringement may occur or that there is a danger that unavoidable damage will be caused, as well as if reasonable doubt exists that evidence about that will be destroyed or that it will be impossible to obtain it later, court may establish measure of security for evidence without previous notification or hearing of the persons from which evidence is gathered.

(2) By securing the evidence, according to paragraph 1 of this Article, is considered inspection of premises, books, documents, data base etc. as well as confiscation of documents and objects by which infringement was performed, interrogation of witnesses and court experts.

(3) Court decision about establishing measure of security for evidence will be delivered to person from whom evidence is gathered, at the moment of gathering evidence, and to the absent person as soon as that becomes possible.


Article 184

(1) Measures from the Article 182 and Article 183 of this Act may be requested even before submission of complaint.

(2) In case from the paragraph 1 of this Article, in the decision by which provisional measure is established, time limit for submission of complaint will also be set, provided that time limit may not be shorter than 30 days from the date of execution of the measure.

(3) Appeal against the decision by which court has established provisional measure from the Article 182 of this Act does not suspend execution of the decision.


Article 185

  1. Court may order to the defendant to give information about third persons connected with infringement or to deliver documents referring to the infringement.
  2. Person who does not perform the obligation from the paragraph 1 of this Article is responsible for the damage resulting from it.

Article 186

In case of a dispute for establishing publisher’ s rights, i.e. right of the person who has published a work whose author is unknown (Article 13), court is obliged to secure that anonymity of the author is preserved.