CZECH REPUBLIC Law and Practice Contributed by: Daniela Kozáková, ŠIROKÝ ZRZAVECKÝ, attorneys-at-law
regulations (see Section 27 of Act No 20/1987 Coll., on state monument care, as amended). Cultural heritage care is administered by state bodies known as cultural heritage offices. Where cultural monuments are to be exported or imported, customs offices co-operate with the Min - istry of Culture.
etary rights last 70 years from the time the work was lawfully made public.) The economic right of the author is namely the right to use the work in its original or otherwise processed or changed form, separately or in a collection, or in connection with another work or elements of work, and the right to grant another person, by contract, authorisation to exercise the right to use the work. The right of use consists of, namely: • the right of reproduction of the work; • the right to distribute the original or the reproduc - tion of the work; • the right to rent the original or the reproduction of the work; • the right to lend the original or the reproduction of the work; • the right to exhibit the original or the reproduction of the work; and • the right to communicate the work to the public. 2.2 Copyright in Collaborative Artworks The concept of one author and co-authors applied in practice does not fully comply with the Copyright Act, which sees several contributors as co-authors (Section 8 paragraph 1): “Copyright to a work that was created from the joint creative activity of two or more authors until the completion of the work as a single work (the work of co-authors) shall belong to all co- authors jointly and severally”. However, a co-author is not a person who has con - tributed to the creation of the work only by assist - ing or providing support of a technical, administrative or professional nature, or by providing documentary or technical material, or who has simply initiated the creation of the work. Co-authors decide unanimously on the handling of the work (if an individual author opposes the handling of the work of co-authors without serious justification, the co-authors may request that the court decide). The right to defend against threats to the rights of co-authors can also be exercised by any of the co- authors individually (see Section 8 paragraph 4 of the Copyright Act).
2. Rights to Artworks 2.1 Artists’ Rights Over Their Art
According to the Copyright Act, copyright includes: (i) exclusive moral rights (Section 11 of the Copy - right Act) and (ii) the exclusive economic rights of the author. Moral rights cannot be waived by the author; they are non-transferable and expire upon the author’s death, subject to Section 11 paragraph 5 of the Copyright Act (please see below). Moral rights include: • the right to decide to make their copyrighted work public; • the right to claim authorship, including the right to decide whether and in what way the authorship is to be indicated when the copyrighted work is made public and further used, provided that indication of authorship is normal for this form of usage; • the right to the inviolability of the copyrighted work, in particular the right to grant consent to any alteration or other intervention in the copyrighted work, unless otherwise stipulated in the Copyright Act; and • the right of supervision over another person’s right to use the copyrighted work (ie, the author’s super - vision), unless its nature or its use implies other - wise, or unless it is not possible to fairly require the user to enable the author to exercise their right to supervision. Whereas the moral rights last until the author’s death, economic rights last 70 years after their death. (Note that there is an exception in the case of anonymous or pseudonymous copyrighted work, where the propri -
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