CZECH REPUBLIC Law and Practice Contributed by: Daniela Kozáková, ŠIROKÝ ZRZAVECKÝ, attorneys-at-law
Unless otherwise agreed between the co-authors, the share of each in the joint revenues from the copyright is proportional to the size of their creative contribu - tions, and if these contributions cannot be broken down, an equal split is allocated (Section 8 paragraph 5 of the Copyright Act). 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement Anyone who uses, without permission, a work, artis - tic performance, audio or video recording, or radio or television broadcast that is subject to protection under the Copyright Act – ie, without the consent of the holder of the copyright and related rights, or outside the scope of statutory licences provided by the Copyright Act (Section 30 et seq) – commits an infringement of copyright. There are three relevant types of liability that may arise as a result of copyright infringement: civil liability, mis - demeanour or criminal liability. Civil Liability Section 40 of the Copyright Act defines authors’ rights in civil proceedings if their copyright has been unlaw - fully infringed or is at risk of being unlawfully infringed. • Establishment of authorship. • Prohibition of the threat to one’s right, including the threat of repetition or unauthorised interference with one’s right, in particular prohibition of unau - thorised production, unauthorised commercial sale, unauthorised import or export of one’s original work or a copy or imitation of the work, unauthor - ised communication of the work to the public, and unauthorised promotion, including all advertising. • Disclosure of information on the manner and extent of the unauthorised use that has occurred, on the origin of the unlawfully made copy or imita - tion of the work, on the manner and extent of its unauthorised use, on its price, on the price of the service related to the unauthorised use, and on the persons involved, including those to whom the copies or imitations of the work were intended to be provided to a third party, and information on the
facts determining remuneration under Sections 24 and 25 of the Copyright Act. The author may claim this right to information under this provision in par - ticular against a person who: (a) has unlawfully interfered with or endangered their rights, and also, in particular, against a person who is or has been in possession of an unlawfully made copy or imitation of a work for direct or indirect economic or commercial advantage; (b) uses or has exploited, for the purpose of direct or indirect economic or commercial advantage, a service which infringes upon, endangers or jeopardises the author’s rights without justifica - tion; (c) provides or has provided, for the purpose of direct or indirect economic or commercial advantage, a service used in activities which unduly infringe upon the author’s rights; (d) has been designated by such person referred to above as being involved in the acquisition, production or distribution of a copy or imitation of a work or the provision of services which unduly infringe upon the author’s rights; or (e) is trading with art. • Removal of the consequences of the infringement of rights, in particular: (a) by withdrawing an unlawfully made copy or imitation of a work from trade or other use; (b) by destroying an unlawfully made copy or imi - tation of a work; (c) by providing adequate satisfaction for the non- pecuniary damage caused, in particular by an apology, monetary satisfaction, if the award of other satisfaction does not appear to be suf - ficient, while the amount of financial satisfac - tion is determined by the court, which will take into account in particular the seriousness of the damage and the circumstances in which the infringement occurred (this does not exclude a conclusion of the settlement agreement); and (d) a ban on the provision of a service that is used by third parties to infringe upon or threaten the author’s rights. Misdemeanour In less serious cases, where the unauthorised con - duct does not meet the characteristics of a criminal
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