COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com

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Article 166b* Obligation to use markings In the case of technological measures pursuant to the provisions of this Act, the right holder or importer shall be bound put a clearly visible marking on each copy of a copyright work or subject matter of related rights manufactured or imported for <strong>com</strong>mercial purposes, indicating: 1. information concerning the technological measure and its effects, and 2. his firm and address in order to ensure an effective implementation of Article 166c(1). Article 166c* Enforcement of the limitations to rights (1) The right holder who uses technological measures pursuant to this Act, shall make available to the persons having legal access to the subject matter of rights, at their request and without delay, appropriate means on the basis of which they can enforce the limitations to copyright and related rights listed in paragraph 3. (2) If the right holder fails to secure the means referred to in paragraph 1, the persons concerned may request a mediation in the dispute. (3) Limitations to rights pursuant to paragraph 1 shall be provided, under conditions laid down by this Act, including eventual payment of remuneration, in the following cases: 1. use for the benefit of people with a disability (Article 47a); 2. use for the purpose of teaching (Article 49); 3. private and other internal reproduction (Article 50); 4. performance of official proceedings (Article 56); 5. ephemeral recordings made by broadcasting organisations (Article 77(2)). (4) Paragraphs 1, 2 and 3 shall not apply to technological measures that are used for: 1. fulfilment of a right holder’s obligation under paragraph 1 and the implementation of agreements concluded for this purpose; 2. protected works that are used, on the basis of an appropriate contract, within the meaning of Article 32a. Section II Judicial protection Article 167 Claims (1) When the exclusive rights granted by this Act were infringed, the right holder may claim:
1. that the infringer is prohibited from doing certain preparatory act, the infringement itself, and future infringements; 2. that the infringer rectifies the situation caused by the infringement; 3.that the unlawfully made copies of the work and their packaging, of a performance, or of other objects of protection under this Act, be destroyed or altered; 4. that the stencils, negatives, plates, melds, or other means, which were instrumental to the infringement, be destroyed or altered; 5. that the devices, the sole or prevalent purpose of which is to make the infringements mentioned in this Act possible, and which are owned by the infringer, be destroyed or altered; 6. that the judgement be published in public media at the infringer's expense, to the extent and in such manner, as deemed appropriate by the court. (2) Provisions of items 2 and 3 of the foregoing paragraph shall not apply to architectural buildings, unless the destruction or alteration of a building is dictated by the circumstances of the case. (3) Instead of claims mentioned in items 3 or 4 of paragraph (1) of this Article, the right holder may claim that the infringer or owner surrenders to him the copies or means enumerated therein, against the reimbursement of the costs of their production. Article 168 Punitive damages (1) If an economic right or other right of the author, recognized by this Act, was infringed intentionally or by gross negligence, the right holder may claim the payment of agreed upon or customary royalty or remuneration for such use, increased by up to 200 %, irrespective of whether he suffered actual pecuniary damage because of such infringement. (2) When deciding on the claim for the award of punitive damages and setting of their amount, the court shall take into account all circumstances of the case, and in particular, the degree of culpability of the infringer, the amount of agreed upon or customary remuneration, and the achievement of a general preventive purpose sought by the award of punitive damages. (3) In case that the actual damage is in excess of the amount of punitive damages mentioned in the foregoing paragraph, the right holder has a right to claim the difference to full actual damages. Article 169 Monetary satisfaction for non-material damage Irrespective of any pecuniary damages recovered, or even if there is no material loss suffered, the court may award to an author or a performer equitable monetary satisfaction for
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COPYRIGHT AND RELATED RIGHTS ACT 1
Page 3 and 4: Article 6 Elements of a copyright w
Page 5 and 6: Section III Copyright Subsection I
Page 7 and 8: 3. the right of public communicatio
Page 9 and 10: Article 29 Right of public presenta
Page 11 and 12: through a gallery, auction house, o
Page 13 and 14: (2) The amounts mentioned in the fo
Page 15 and 16: 1. to reproduce in readers and text
Page 17 and 18: 1. to reproduce a written work to t
Page 19 and 20: Section V Limitations on the durati
Page 21 and 22: Article 70 Assignment of single rig
Page 23 and 24: Article 78 Subsequent assignments (
Page 25 and 26: 2. conclude tariff agreements. Sect
Page 27 and 28: 1. if the author dies before the co
Page 29 and 30: (3) The author retains the copyrigh
Page 31 and 32: Article 105 Co-authors of an audiov
Page 33 and 34: (2) In the case mentioned in the fo
Page 35 and 36: 1. used for goals other than to ach
Page 37 and 38: 5. to make available to the public
Page 39 and 40: (2) The producer of phonograms shal
Page 41 and 42: Section V Rights of publishers Arti
Page 43 and 44: (3) A lawful user of a disclosed da
Page 45 and 46: Section II* Collective management A
Page 47 and 48: (2) Notification of the final decis
Page 49 and 50: (4) Until the conclusion of the agr
Page 51 and 52: The revocation shall become effecti
Page 53: author, the rightholder, the terms
Page 57 and 58: (5) The provisions of the Code of C
Page 59 and 60: Article 177 Authors (1) The protect
Page 61 and 62: (4) Provisions of this Article shal
Page 63 and 64: Article 186 * (1) Supervisory contr
Page 65 and 66: Article 194 (1) On the date this Ac
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