§ 33. Copyright in audiovisual works

(1) Audiovisual works are all works which consist of series of related images whether or not accompanied by sound and which are intended to be demonstrated using corresponding technical means (cinematographic films, television films, video films, etc.).

(2) Copyright in an audiovisual work shall belong to its author or joint or co-authors - the director, the script writer, the author of dialogue, the author of the musical work specifically created for use in the audiovisual work, the cameraman and the designer. The economic rights of the director, the script writer, the author of dialogue, the cameraman and the designer shall transfer to the producer of the work unless otherwise prescribed by contract. The economic rights of the author of the musical work used in the audiovisual work shall not transfer to the producer regardless of the fact whether or not the work was specifically created for use in the audiovisual work.

(3) The producer of a work is a natural or legal person who financed or managed the creation of the work and whose name is fixed in the audiovisual work.

(4) The fact that the person whose name is indicated in an audiovisual work is the producer shall be presumed until the contrary is proved. The burden of proof lies on the person who challenges the fact that this person is the producer.

(5) Directors, script writers, composers and authors of script outlines, dialogue and the announcer’s text, designers, cameramen, choreographers, sound recorders and other persons who participate in the creation of an audiovisual work shall enjoy copyright in their work which constitutes a part with independent meaning of the audiovisual work and which can be used independently of the work as a whole. Economic rights with regard to such works may be exercised independently unless otherwise provided by contract on the condition that such use shall not prejudice the interests of using the work as a whole.

§ 46. Use of works by other persons

(1) Works shall be used by other persons only in the case of transfer (assignment) of the author’s economic rights by him or her or on the basis of an authorisation (licence) granted by the author except in the cases prescribed in Chapter IV of this Act.

§ 48. Definition of author’s contract

 (1) An author’s contract is an agreement between the author or his or her legal successor and a person who wishes to use the work for the use of a work on the basis of which the author or his or her legal successor transfers the author’s patrimonial rights to the other party or grants to the other party an authorisation to use the work to the extent and pursuant to the procedure prescribed by the conditions of the contract.
§ 49. Format of author’s contract

(1) An author’s contract shall be entered into in writing. The grant of a non-exclusive licence may also be made in a format which can be reproduced in writing.

§ 53. Term of commencement of use of work

The term of commencement of use of a work shall not exceed one year as of the moment of delivery of the work to the user by the author, unless otherwise prescribed by the contract.

§ 79. Exercise of right of retransmission via cable network

(1) If the holder of the right has not entered into a contract with a collective management organisation for the exercise of the right of retransmission via cable network, the organisation representing holders of rights of the same category is authorised to represent the rightholder.

(2) If there are several collective management organisations specified in subsection (1) of this section, the rightholder is free to choose which of the organisations is authorised to represent the rightholder.

(3) A rightholder represented pursuant to subsection (1) of this section has the same rights and obligations as the rightholder who is represented by a collective management organisation pursuant to a membership contract or any other contract.

(4) A rightholder represented pursuant to subsection (1) of this section may claim recognition of the rights deriving from a contract between a cable operator and a collective management organisation and performance of obligations corresponding to the rights within three years as of the date of retransmission of the radio or television broadcast which includes the work or the object of related rights.

(5) Subsection (1) of this section does not apply to broadcasts of broadcasting service providers.