Live Performances

Transcription

Live Performances

The Tariffs
Contents
Public operation
Broadcasting
Price list R – Background Music ........................................................................................................ 2
Price list I. – TV/Radio Broadcasting and Retransmissions ...................................... 49
Price list U – Accommodation, Spa and Similar Facilities .......................................... 8
Price list II. – Online, Mobile and other Similar Services .......................................... 51
Price list J – Jukeboxes and Similar Equipment ................................................................. 12
Price list M – Live Performances - Popular Music - up to 3 000 Visitors ............13
Price list V – Live Performances - Popular Music - over 3 000 Visitors ............. 18
Price list VH – Live Performances - Classical Music .......................................................... 23
Price list O – Repeated Live Performances ............................................................................. 29
Price list D - Discotheques and other Similar Performances performed
wholly or principally by Recorded Means .............................................................................. 34
Price list F – Cinemas, Film Festivals and other Performances,
and Theatres ..................................................................................................................................................... 40
Mechanics
Price list III. – Audio and Audiovisual Products and other Media ..................... 55
Price list IV. – Synchronization (Audiovisual Works and Commercials) ......... 62
Price list V. – Rental and Lending of Audio and Audiovisual Carriers ............ 65
Price list VI. – DJ´s License .................................................................................................................... 66
Price list VII. – Private Copying (Blank Tape Levies)“ .................................................. 67
Price list S – Sports Events .................................................................................................................... 42
Price list T – Dance Classes and Dance Schools ................................................................... 44
Price list Z – Background Music at Medical Facilities
(except Spa Facilities) ............................................................................................................................... 46
Price list C - Circus Performances ................................................................................................... 48
1
Background Music
Part A – Common Use
I.
Applicability
Part A of the pricelist applies to the calculation of the
royalties payable for the provision of the license (consent) to perform works by means of audio equipment
(e.g., radio receivers, CD players, hi-fi systems, tape recorders) or audiovisual equipment (e.g., televisions,
DVD players, video players, computers, home theaters),
provided that the performance of the works does not
have the nature of a programme and that no admission is, directly or indirectly, collected from the visitors in the performance. Common use means the
use of the works that serves as background in establishments that provide catering services (e.g., restaurants, inns, bars, pizzerias, buffets, cafés, wineries, pastry shops, cafeterias, diners, fast food stands) and other
services (e.g., shops, department stores, supermarkets,
markets, banking premises, hair salons, waiting rooms,
fuel stations, parking lots, passages, parks, stations, museums, galleries, exhibition halls, recreation centers,
swimming pools, baths, thermal rehabilitation centers,
fitness centers, public skating rinks). This pricelist further
applies to publicly accessible premises in accommodation, spa and similar facilities.
The royalties under Part A of the pricelist are royalties
for the provision of the license to perform musical works
with or without words. If OSA grants a license to perform works by means of audiovisual equipment capable of receiving television broadcasts, the royalties include the royalties for the provision of the license to perform works of authors whose economic
copyrights are managed by the following collective
rights-management societies: DILIA – divadelní, literární, audiovizuální agentura o.s., and Ochranná organizace
autorská – Sdružení autorů děl výtvarného umění, architektury a obrazové složky audiovizuálních děl o.s. (OO-
2
1/6
R
A-S), i.e., authors of literary, dramatic, theatrical musical works, choreographic, pantomimic, audiovisual works, visual components
of audiovisual works, such as the works of cameramen, scene designers, costume designers, editors, authors of scenic music created
especially for use in dramatic, choreographic and pantomimic works, and authors of works of dubbing directors, under an agreement concluded with DILIA and OOA-S on the representation in the exercise of the collectively managed right to perform television broadcasts of works.
Part A of the pricelist does not apply to the following:
- Performances that have the nature of a programme or are designed for dancing (e.g., fashion shows, discotheques, music clubs,
film and video performances) – see the relevant pricelists
- Use of works in the rooms of establishments that provide accommodation and similar services
- Use of works in medical and similar facilities– see Pricelist Z
- Performances provided for in Part B
- Operation of jukeboxes and similar devices – see Pricelist J
II.
Royalties
a) Royalties for the use of works (save for equipment in the rooms of accommodation facilities) - individual devices
Monthly royalty in CZK depending on location
(discount in line with the number of inhabitants of the municipality - town)
0% discount
5% discount 10% discount 15% discount 20% discount
over 150 000
from 20 000
from 1001
up to 150 000 up to 20 000
from 501
up to 1000
Devices
Royalty rate
Audio equipment, incl. two speakers,
if any (i.e., radio, CD player etc.)
Reduced rate
106
101
95
90
85
Basic rate
159
152
143
135
128
Audiovisual equipment (player)
(i.e., DVD etc.)
Reduced rate
114
109
103
97
91
Basic rate
171
164
155
146
137
Audiovisual equipment (i.e., TV)
capable of receiving TV broadcasts /1
Reduced rate
259
246
233
220
207
Basic rate
389
369
350
330
311
Barco wall
Barco wall receiving TV broadcasts /1
Reduced rate
Basic rate
up to 500
979
930
881
832
783
1 469
1 395
1 322
1 248
1 175
Reduced rate
1 958
1 860
1 763
1 665
1 567
Basic rate
2 937
2 790
2 645
2 498
2 351
Continuation on page 2/6 of the price list >>>
Background Music
2/6
Continuation from page 1/6 of the price list >>>
Third and each additional speaker
First and each additional monitor
Separate earphone
Reduced rate
26
25
24
22
21
Basic rate
39
38
36
33
32
Reduced rate
63
60
57
53
50
Basic rate
95
90
86
80
75
Reduced rate
26
25
24
22
21
Basic rate
39
38
36
33
32
Added to the above royalty rates is VAT at the statutory basic rate.
b) Royalties for the use of works (save for equipment in the rooms of accommodation facilities)
- (multimedia) equipment packages
Equipment packages and types of
multimedia devices
Royalty rate
Over
From 20 000 From 1001
From 501
Up to
150 000
to 150 000
to 20 000
to 1000
500
inhabitants inhabitants inhabitants inhabitants inhabitants
2 devices – audio and television
devices used in a single room
Reduced rate
347
329
312
295
277
Basic rate
521
494
468
443
416
1 device capable of receiving radio and
TV broadcasts, used in a single room /4
Reduced rate
292
278
263
248
234
Basic rate
438
417
395
372
351
Reduced rate
277
264
250
236
222
Basic rate
416
396
375
354
333
Reduced rate
468
445
422
398
375
Basic rate
702
668
633
597
563
1 multimedia device not capable
of receiving television broadcasts
(i.e., device allowing for various types
of audio and audiovisual uses,
incl. 1 monitor and 2 speakers) /2
1 multimedia device capable
R
Note:
/1 If an audiovisual device is capable of operating
television broadcasts, the total royalty includes
the royalty to DILIA
(a 35.11% share) and to OOA-S (a 17.55% share).
The share of OSA amounts to 47.34%.
Comments:
/2 Multimedia device w/out TV broadcasts = PC or
another device allowing for audio and audiovisual
uses without TV broadcasts,
including a monitor
/3 Multimedia device with TV broadcasts - PC with a
TV card or another device allowing for audio and
audiovisual uses with TV broadcasts
(e.g., home theater systems)
/4 1 TV set with a DBT tuner installed, or 1 TV set
with a set top box connected, or 1 monitor with
a set top box connected that is capable of receiving television and radio broadcasts. The royalties payable for additional connected monitors
or speakers will be determined in compliance
with table (a).
•
•
Audio device means a device allowing for the use of
works within radio broadcasts, or playback of carriers, without a connected monitor.
Barco wall means a panel consisting of several TV
screens that receives images via a computer controller.
3
Background Music
III.
Definitions
1. Basic rate
If the operator has used copyrighted works without concluding a license agreement on the performance of the works prior to the commencement of
the use with OSA, and fails to notify OSA (or a business representative of OSA) of this use duly and in
advance, the royalties will amount to the basic rates of royalties for no more than 12 months of the
performance of the works from 1 January 2009.
This method of determining the royalty rate will also
apply if the operator fails to react to OSA‘s invitations to renew the license agreement that the operator concluded with OSA and that ceased to be valid, and continues to use the works without OSA‘s
consent, or if the operator has overdue liabilities to
OSA when it receives the proposal for the conclusion of a license agreement – application, and failed to
fulfill its other obligations regularly when due and in
compliance with the Copyright Act.
2. Reduced rate
If the operator notifies the use of the works and applies for the conclusion of a license agreement on
the public use of the copyrighted works prior to
use thereof, the royalties will amount to the reduced rates of royalties. This method of determining
the royalty rate will also apply if the operator reacts
to OSA‘s invitations to renew the license agreements that the operator concluded with OSA and
that ceased to be valid without undue delay. The
reduced amount of the royalty will apply only if the
operator has no overdue liabilities to OSA when
it receives the proposal for the conclusion of a license agreement – application, and fulfills its other obligations regularly when due and in compliance with
the Copyright Act. If the operator fails to conclude
a license agreement with the applied reduced rate
3/6
with OSA, the title to the calculation of the royalty under the reduced rates ceases to exist and the operator will incur the obligation to surrender unjust enrichment under Section 40(4) of Act No. 121/2000 Coll., the Copyright Act, as amended, in the amount
of the double of the royalties set forth in the basic rate.
IV.
Discounts
1. If the operator undertakes to use the device capable of receiving television broadcasts that is installed in the establishment solely
or predominantly for the purpose of viewing sports broadcasts in the license agreement with OSA, the royalty under the above-mentioned table will be reduced by 15% (Section 100(6) of Act No.121/2000 Coll., as amended).
2. If the true opening hours of the establishment do not exceed 3 days in a week, the royalty under the above-mentioned table will
be reduced by 20% (Section 100(6) of Act No.121/2000 Coll., as amended).
3. The royalty rates under Article II will be reduced by 5% if the operator concludes an annual license agreement for the use of works
in more than five establishments, i.e., a central license agreement.
4. If the works are used in shops (i.e., establishments that serve solely for the sales of goods) with the area of up to 20 m2, the royalty will be reduced by 5%.
5. Application of discounts
Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount).
Part B – Special Use
I.
Applicability
Part B of the pricelist applies to the calculation of the royalties for the provision of the license (consent) to the performance of musical works with or without words in events, at venues and on locations specified in Article II or with reference to another applicable
OSA pricelist.
II.
Royalties
Type of use
Royalty
Public relations events, i.e., events where public is addressed with the aim
to create a positive relation to certain ideas, activities and institutions
3% of the total costs of the event; however,
Promotions, i.e., events where the public is addressed with the aim to afno less than CZK 4 per visitor/attendant
fect the demand for products and services
Marketing events, i.e., offers of products or services
4
R
Background Music
4/6
R
Advertising vehicle sound systems (without sales of products or services) 14,495 CZK/month/vehicle or 774 CZK/day/vehicle
Exhibitions, trade fairs, markets
- up to 100 exhibitors or vendors
1,594 CZK/day
- from to 500 exhibitors or vendors
20 CZK/day/exhibitor
- over 501 exhibitors or vendors
27 CZK/day/exhibitor
- 1 exhibitor only (outside exhibition premises, galleries and museums)
16 CZK/day
Separate booth of an exhibitor or vendor,
unless a collective agreement is signed
290 CZK/day
Game room
- Up to 100 m2
See part A of this pricelist
- Over 100 m2
1,233 CZK/month
Casino
- Up to 200 m2
2,464 CZK/month
- Over 200 m2
4,929 CZK/month
Use of music playback in concerts, dance events
and similar live music performances
CZK 1 per visitor
Entertainment establishments-attractions
(merry-go-rounds, swings, shooting ranges etc.)
798 CZK/month/attraction
Video-cabins in erotic establishments
725 CZK/month/cabin
Cabarets, variety shows and other performances with a programme
See Pricelist D
Use of music in phone receivers, answering machines for paid services
7% of the operator's gross sales
Use of music in phone receivers, answering machines
774 CZK/month/switchboard (=30 lines)
And CZK 15 for each additional line
Street music performances with music playbacks,
organized by the performer with free admission
190 CZK/day
Music performances distributed by municipal radio stations
on public municipality areas
876 CZK/year/ switchboard
96 CZK/year/speaker
Royalty for use of works distributed by municipal radio stations
- directly into households within the municipality
2 CZK/year/household
Royalty for use of works distributed by municipal radio stations
- collective agreement for a district, region etc.
1 CZK/year/inhabitant
Funerals, weddings, matriculations, graduations etc.,
if the musical performance forms a part of paid services
43 CZK/ceremony
5
Background Music
5/6
Offices, work rooms and premises for employees
- per each 25 employees
Audio devices
CZK 324 /year
Audio and audiovisual devices
CZK 696 TV broadcasting/yerar
Cafeterias and employee catering facilities
- per each 25 employees
Audio devices
CZK 648 /year
Audio and audiovisual devices
CZK 1,359 TV broadcasting/year
Mobile shops
CZK 1,056 /year/vehicle
Buses, ships, trains
(i.e., vehicles where works are used in mass transport of passengers)
See part A of this pricelist
R
Taxi and corporate fleets (i.e., vehicles used by legal or natural persons
1,056 CZK/year/vehicle
to conduct their business activities)
Airplanes
725 CZK/day
School bells (i.e., use of musical works as school bells)
1,381 CZK/school year
Use of works in school broadcasts
876 CZK/year/switchboard
96 CZK/year/speaker
Film or video/DVD screening
(outside cinemas in the case of one-time use of one audiovisual work)
1% of gross revenue from entrance fee collected
or CZK 1.20/visitor if no fee is collected, however,
not less than CZK 150 per performance (see Rate List F)
Broadcasting of live musical performances
at a place different from that where the performance takes place
3% of gross revenue or CZK 25/visitor if no fee is collected,
however, not less than CZK 150 per performance
(see Rate List F)
Performances at facilities providing social or educational services
or leisure activities (e.g. child and youth centres, retirement homes,
social institutes etc.)
up to 200 persons – CZK 3,000/year
201-250 persons – CZK 3,500/year
and CZK 500/year per each additional 50 persons
6
3,468 CZK/month/airplane
Conferences, trainings etc. (free admission)
Background Music
6/6
R
III.
Discounts
1. The royalty rates payable by operators who fulfill their obligations duly are reduced by
30%.
Due fulfillment of obligations means the performance of musical works with the consent of
the authorized copyright holders; the fact that the operator has no overdue liabilities to
OSA when it receives the proposal for the conclusion of a license agreement – application; and the operator‘s regular fulfillment of its obligations when due and in compliance
with the Copyright Act. The operator shall deliver a duly filled-in set list (i.e., a list that specifies the full titles of performed compositions, incl. the names of the authors of the music
and, a the case may be, the names of the authors of the words) to OSA when requested; the
list must truly reflect the reality. If the set list is incomplete, in particular if the names of the
authors/lyricists of the used compositions are missing, the royalty rate will be reduced by
20% only.
2. The royalty rates under Article II will be reduced by 5% if the operator concludes an annual
license agreement for the use of works in more than five establishments, i.e., a central license agreement.
3. In the execution of a license agreement, the royalty set in compliance with the above-mentioned principles may be further reduced on the operator‘s request in light of the provision of Section 100(6) of Act No. 121/2000 Coll., as amended, including, without limitation, cases when the musical works are not performed within the conduct of business or
other profitable activities, or if the discount is reasoned, for instance, by the purpose or circumstances of the use of the musical works (e.g., taking into account the nature or purpose of the event, the economic or business benefit, the scope of the use of the copyrighted
works or other objective and demonstrable reasons).
Part C – Joint Provisions
1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally
within 30 days of the preparation of the written draft of the agreement). If a 12-month agreement is concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the generally binding legal rules and regulations, unless stipulated otherwise
in the agreement.
2. Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement.
3. The royalty rates as listed herein may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from
1 July 2009 to 30 June 2010.
4. This list of rates, which supersedes all the pervious versions hereof, becomes effective
on 1 January 2009, except for the last two items in the table in article II of part B and
clause 3 of part C which become effective on 1 January 2010.
Discounts are applied consecutively (each subsequent discount is calculated from the
amount that reflects the previous discount).
7
Accommodation, Spa and Similar Facilities
PART A
Use of music playback
not having the nature of a programme
I.
Applicability
Part A of the pricelist applies to the calculation of the
royalties payable for the provision of the license (consent) to perform works by means of audio equipment
(e.g., radio receivers, CD players, hi-fi systems, tape recorders) or audiovisual equipment (e.g., televisions, DVD
players, video players, computers, home theaters), provided that the performance of the works does not have
the nature of a programme and that no admission is,
directly or indirectly, collected from the visitors in the
performance. Common use means the use of the works
that serves as background in establishments that provide catering services, e.g., restaurants, hostels,
camps, recreation facilities, spa houses, sanatoriums
and other similar facilities associated with accommodation. This includes both use of the works in the premises of these facilities not accessible exclusively by the accommodated clients (e.g., restaurants, cafés, lobby bars,
receptions, halls, game rooms, casinos, fitness facilities,
shops and other premises), and the use of works in the
rooms of the accommodation or spa facility.
Premises where patients receive medical care within
spa and similar facilities are not deemed to constitute publicly accessible premises.
The royalties under Part A of the pricelist are royalties
for the provision of the license to perform musical works
with or without words. If OSA grants a license to perform works by means of audiovisual equipment capable
of receiving television broadcasts, the royalties include
the royalties for the provision of the license to perform
works of authors whose economic copyrights are mana-
1/4
U
ged by the following collective rights-management societies: DILIA – divadelní, literární, audiovizuální agentura o.s., and Ochranná
organizace autorská – Sdružení autorů děl výtvarného umění, architektury a obrazové složky audiovizuálních děl o.s. (OOA-S), i.e., authors of literary, dramatic, musical dramatic, choreographic, pantomimic, audiovisual works, visual components of audiovisual works,
such as the works of cameramen, scene designers, costume designers, editors, authors of scenic music created especially for use in
dramatic, choreographic and pantomimic works, and authors of dubbing direction works, under an agreement concluded with DILIA and OOA-S on the representation in the exercise of the collectively managed right to perform television broadcasts of works.
II.
Royalties
a) Royalties for the use of works in publicly accessible premises of accommodation, spa or similar facilities - individual devices, under Pricelist R, effective as of 1 January 2009
Monthly royalty in CZK depending on location
(discount in line with the number of inhabitants of the municipality - town)
0% discount
5% discount 10% discount 15% discount 20% discount
Over From 20 000
150 000 Up to 150 000
From 1001
Up to 20 000
From 501
Up to 1000
Devices
Royalty rate
Audio equipment, incl. two speakers,
if any (i.e., radio, CD player etc.)
Reduced rate
106
101
95
90
85
Basic rate
159
152
143
135
128
Audiovisual equipment (player)
(i.e., DVD etc.)
Reduced rate
114
109
103
97
91
Basic rate
171
164
155
146
137
Audiovisual equipment (i.e., TV)
capable of receiving TV broadcasts /1
Reduced rate
259
246
233
220
207
Basic rate
389
369
350
330
311
Barco wall
Barco wall receiving
TV broadcasts /1
Third and each additional speaker
First and each additional monitor
Separate earphone
Reduced rate
Basic rate
Up to 500
979
930
881
832
783
1 469
1 395
1 322
1 248
1 175
Reduced rate
1 958
1 860
1 763
1 665
1 567
Basic rate
2 937
2 790
2 645
2 498
2 351
Reduced rate
26
25
24
22
21
Basic rate
39
38
36
33
32
Reduced rate
63
60
57
53
50
Basic rate
95
90
86
80
75
Reduced rate
26
25
24
22
21
Basic rate
39
38
36
33
32
8
b)
Royalties for the use of works in publicly accessible premises of accommodation, spa or similar facilities
– individual devices, under Pricelist R, effective as of 1 January 2009
Equipment packages
and types of multimedia devices
Royalty rate
Over
150 000
citizens
From 20 000
up to 150 000
citizens
From1001
up to 20 000
citizens
From 501
up to 1000
citizens
Up to 500
citizens
277
Reduced rate
347
329
312
295
Basic rate
521
494
468
443
416
1 device capable of receiving
radio and TV broadcasts,
used in a single room /4
Reduced rate
292
278
263
248
234
Basic rate
438
417
395
372
351
Reduced rate
277
264
250
236
222
Basic rate
416
396
375
354
333
Reduced rate
468
445
422
398
375
Basic rate
702
668
633
597
563
1 multimedia device capable
Note: Joint provisions for paragraphs (a) and (b):
/1 If an audiovisual device is capable of operating television broadcasts, the total royalty includes the royalty to DILIA
(a 35.11% share) and to OOA-S (a 17.55% share). The share of OSA amounts to 47.34%.
/2 Multimedia device w/out TV broadcasts = PC or another device allowing for audio and audiovisual uses without TV broadcasts,
including a monitor
/3 Multimedia device with TV broadcasts - PC with a TV card or another device allowing for audio and audiovisual uses with TV broadcasts
(e.g., home theater systems)
/4 1 TV set with a DBT tuner installed, or 1 TV set with a set top box connected, or 1 monitor with a set top box connected that is
capable of receiving television and radio broadcasts. The royalties payable for additional connected monitors or speakers
will be determined in compliance with table (a).
• Audio device means a device allowing for the use of works within radio broadcasts, or playback of carriers, without a connected monitor.
• Barco wall means a panel consisting of several TV screens that receives images via a computer controller.
U
Basic rate
2 devices – audio and television
devices used in a single room
1 multimedia device not capable
2/4
If the operator has used copyrighted works without
concluding a license agreement on the performance of
the works prior to the commencement of the use with
OSA, and fails to notify OSA (or a business representative of OSA) of this use duly and in advance, the royalties
will amount to the basic rate of royalties for the performance of the works of up to 12 months in duration from 1 January 2009. This method of determining
the royalty rate will also apply if the operator fails to react to OSA‘s invitations to renew the license agreement that the operator concluded with OSA and that ceased to be valid, and continues to use the works without
OSA‘s consent, or if the operator has overdue liabilities
to OSA when it receives the proposal for the conclusion
of a license agreement – application, and failed to fulfill
its other obligations regularly when due and in compliance with the Copyright Act.
Reduced rate
If the operator notifies the use of the works and applies
for the conclusion of a license agreement for the public
use of the copyrighted works prior to use thereof, the
royalties will amount to the reduced rate of royalties.
This method of determining the royalty rate will also apply if the operator reacts to OSA‘s invitations to renew the license agreements that the operator concluded with OSA and that ceased to be valid without undue delay. The reduced amount of the royalty will apply
only if the operator has no overdue liabilities to OSA
when it receives the proposal for the conclusion of a license agreement – application, and fulfills its other obligations regularly when due and in compliance with the
Copyright Act. If the operator fails to conclude a license agreement with the applied reduced rate with OSA,
the title to the calculation of the royalty under the reduced rate ceases to exist and the operator will incur the
obligation to surrender unjust enrichment under Section 40(4) of Act No. 121/2000 Coll., the Copyright Act, as
amended, in the amount of the double of the royalties
set forth in the basic rate.
9
If the operator undertakes to use the device installed in the establishment that is capable of
receiving television broadcasts solely or predominantly for the purpose of viewing sports
broadcasts in the license agreement with OSA, the royalty under the above-mentioned table
will be reduced by 15% (Section 100(6) of Act No.121/2000 Coll., as amended) – does not apply to rates set forth in Section II(c).
c) Royalties for the use of works in the rooms
of accommodation, spa and similar facilities.
Daily royalty in CZK from
19 May 2008 to 31 May 2008
Daily royalty in CZK
as of 1 June 2008
Radio receiver /*
0.36
11.25
TV set /*
1.08
33.41
TV set with radio receiver /**
1.44
44.66
Other audio device
--
23.40
Other audiovisual device
--
39.00
/* The monthly royalties payable for radio receivers and TV sets are set forth in an amendment to the Copyright Act No. 168/2008 Coll., effective as of 19 May 2008, for all the collective rights-management societies (CRMSs), and amount to 50% of the television and radio license fee payable for a single radio receiver and TV set. i.e., CZK 22.50 for a radio receiver and CZK 67.50 for a TV set.
/** A single TV set with a DBT tuner installed, or a single TV set with a set top box connected,
or a single monitor connected to a set top box that is capable of receiving television and
radio broadcasts.
10
U
III
Discounts
2. Discounts are applied consecutively (each subsequent discount is calculated from the
Shares for collective rights-management societies (CRMSs) in radio receivers:
50% INTERGRAM; 50% OSA
Shares for collective rights-management societies (CRMSs) in TV sets:
49.50% INTERGRAM; 49.50% OSA+DILIA+OOA-S
Devices
3/4
PART B
Other Performances with Live Music or Music Playback
This part of the pricelist makes reference to the calculations of royalties for the provision of license (consent) to the performance of musical works with or without words by means of live
performances by performing artists or by means of technical devices in concerts of various genres, dance events, balls, „tafel music“, fashion shows, sports events, competitions, variety and cabaret shows, celebrations, corporate meetings, advertising, promotional and similar
events held in publicly accessible premises of accommodation facilities.
The following pricelists will be used to calculate the applicable royalties:
•
•
•
•
Performances with live music and up to 3,000 visitors – Pricelist M
Performances with live music and over 3,000 visitors – Pricelist V
Performances with live classical music – Pricelist VH
Repeated performances with live music – Pricelist O
•
•
•
•
•
•
Use of works in gaming facilities or casinos – Pricelist R – Part B
Use of works in phone receivers, in conferences and training courses – Pricelist R – Part B
Other performances with music playback – Pricelist R – Part B
Repeated performances with music playback – Pricelist D
Use of works in fitness routines or other sporting activities – Pricelist S
Use of works by means of jukeboxes – Pricelist J
4/4
U
PART C
Joint Provisions
1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally
in the agreement.
3. The royalty rates as listed herein, save for the rates given in article II, letter (c), may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from 1 July 2009 to 30 June 2010.
4. This list of rates becomes effective on 19 May 2008, except for article II, letters (a) and
(b), which is part of the Rate List R and has become effective on 1 January 2009 and except for part C, clause 3 which becomes effective on 1 January 2010.
11
Jukeboxes and Similar Equipment
I.
Scope of application
The Schedule uses for calculation of the remuneration for granting of license (consent) with
performance of musical works, recorded performances and recordings (hereinafter “items of
protection”) pursuant to Section 20 of the Copyright Act No. 121/2000 Coll., as amended, by
means of jukeboxes and similar equipment in audio or audio-visual form in those cases when
the performance does not have the nature of a program for which admission fee is collected, either directly or indirectly, from the audience. Normal exploitation means the use of
the items of protection serving as a background music in establishments providing hospitality
services (e.g. restaurants, inns, bars, pizzerias, buffets, cafés, wine bars, confectioneries, cafeterias, fast-food stands), accommodation services (e.g. hotels, guest houses, recreation facilities,
spa facilities, sanatoriums) and other establishments where the equipment of this type may be
installed. The remuneration includes also the remuneration for the consent with reproduction of works, artistic performances recorded as audio recordings and such recordings
pursuant to Section 13 of the Copyright Act No. 121/2000 Coll., as amended.
Jukebox means a music machine with a coin slot or without a coin slot enabling exploitation
of the items of protection, and this entirely from audio or audio-visual records the selection
and order of which are usually to be determined. It is possible to connect to the machine not
only loudspeakers, but also screens enabling transmission of the visual component of the work.
Remuneration in accordance with this Schedule is remuneration for granting of license for performance of musical works with lyrics or without lyrics. The remuneration comprises also remuneration for granting of license for performance of artistic performances from audio recordings
and for performance of such recordings the property rights to which are managed by collective
rights manager INTERGRAM, independent association of performers and producers of sound
and sound-visual recordings o.s., exercising collective management of the items mentioned
above, and this pursuant to the agreement concluded between OSA and ITERGRAM on authorization for representation in exercise of collectively managed right for performance of artistic
performances recorded in the form of audio recordings and such recordings by means of
jukeboxes and similar equipment.
Monthly remuneration
Audio jukebox /**
CZK 1,628
Video jukebox /**
CZK 2,805
The rates of author’s remuneration shall be increased by VAT at statutory rate.
/** the remuneration includes also remuneration for indispensably connected basic loudspeakers or screens that form an inseparable part of the equipment and are owned by the
12
J
owner of the jukeboxes and are not used in the establishment for any other purpose of
exploitation of the items of protection.
III. Discounts
1. The rates of author’s remuneration shall be reduced to those operators that duly fulfill their
duties by 30%.
Due fulfillment of duties means performing of the items of protection with the consent
of the legitimate right holders, the fact that the operator has as of the moment of acceptance of the proposal of license agreement no overdue obligations towards OSA
and has fulfilled his other obligations regularly as they became due and in compliance with
the Copyright Act. This discount may not be applied in the event of failure to observe
the due date of the invoice sent by OSA pursuant to the duly executed agreement.
2. The rates of remuneration under article II. shall be reduced by 5% in the event that the operator concludes an annual license agreement for the use of the items of protection in more
than 5 establishments, i.e. so-called central license agreement.
3. Discount application
Discounts are to be applied consecutively (each subsequent discount is to be calculated
from the amount upon application of the preceding discount).
IV. Joint Provisions
1.
The amount of the remuneration is provided in the agreement, subject to the provision that the amount is usually payable within 15 days of execution of the agreement (i.e. usually within 30 days of written execution of the agreement proposal).
In the event the agreement is concluded for a period of 12 months, it is possible to pay
the remuneration at the request of the operator also in the form of installments agreed in
the agreement. Late payment interest shall be governed by generally binding legal
regulations, unless provided otherwise in the agreement.
2.
Any cases that are not provided for in this or other OSA Schedule shall be resolved by
agreement.
3.
The rates of remuneration pursuant to this Schedule of rates may be increased from 1 January 2011 in accordance with the inflation rate expressed by the increase of the average
annual consumer price index for the period from 1 July 2009 until 30 June 2010.
4.
This Schedule replaces the author‘s remunerations as stipulated in the previous issue of the Schedule R, article II, letter b) and it comes into effect as of 1 May 2009.
As of this date Schedule R, which was valid from 1 January 2008, and the rates of remuneration pursuant to table No. 1 of the Schedule of the collective rights manager
INTERGRAM issued on 17 December 2008 and except for the change of par. 3 of part
IV, which comes into effect on 1 January 2010, cease to be valid.
II. Remuneration
Type of equipment
1/1
Live Performances - Popular Music
1/5
M
- up to 3 000 Visitors
I.
Applicability
This pricelist applies to the calculation of royalties for
the license (consent) granted to perform musical works
with or without words performed live by performing
artists in concerts, dance events, balls, „tafel music“, festivals, fashion shows, sport events, competitions, variety
shows, celebrations, corporate events, advertising, promotional and similar events, organized on premises or in
venues that accommodate no more than 3 000 visitors.
This pricelist further applies to musical performances wherein performing artists – DJs participate
in the use of the works, predominantly creating or
adapting musical works in their performances from
carriers and by means of technical devices.
Under a contract with DILIA – divadelní, literární, audiovizuální agentura o.s., a copyright collective management agency, OSA has been representing from 1 June
2010 also the authors of verbal works which are used as
part of performances of musical works.
II.
Royalties
Max. no.
of up to 30,- /**
visitors
Average price of admission in CZK, VAT excl.; min. – max.
31- 50
51- 70
71 - 100
101-150
151- 200
201- 250
251-300
301- 350
351- 400
Royalty in CZK
50
333
379
504
717
957
1 196
1 396
1 600
1 812
2 020
100
500
757
892
1 177
1 628
2 072
2 510
2 936
3 359
3 772
150
750
950
1 223
1 628
2 302
2 965
3 614
4 251
4 876
5 489
200
888
1 177
1 535
2 072
2 965
3 838
4 698
5 542
6 367
7 178
250
1 094
1 397
1 844
2 510
3 614
4 698
5 762
6 805
7 830
8 834
300
1 246
1 613
2 147
2 720
4 251
5 542
6 805
8 047
9 180
10 458
400
1 555
2 045
2 757
3 804
5 539
7 243
8 915
10 557
12 164
13 742
500
1 858
2 487
3 359
4 656
6 805
8 915
10 988
13 019
15 008
16 960
600
2 155
2 912
3 949
5 489
8 047
10 557
13 019
15 431
17 797
20 115
700
2 447
3 328
4 525
6 310
9 265
12 165
15 008
17 797
20 531
23 205
800
2 735
3 735
5 092
7 113
10 236
13 742
16 960
20 116
23 205
26 233
900
3 015
4 138
5 648
7 902
11 628
15 286
18 872
22 384
25 827
29 196
1 000
3 291
4 529
6 195
8 671
12 774
16 799
20 741
24 613
28 392
32 273
1 200
3 861
5 339
7 318
10 264
15 142
19 921
24 613
29 196
33 691
38 474
1 400
4 419
6 136
8 421
11 825
17 457
22 980
28 392
33 691
39 270
44 851
1 600
4 964
6 916
9 503
13 352
19 728
25 722
32 096
38 474
44 851
51 228
1 800
5 502
7 679
10 560
14 993
21 951
28 906
36 081
43 257
50 432
57 606
2 000
6 022
8 423
11 595
16 313
24 123
32 096
40 068
48 040
56 012
63 985
2 250
6 685
9 361
12 893
18 144
27 113
36 081
45 051
54 019
62 988
71 956
2 500
7 328
10 282
14 159
20 138
30 102
40 068
50 032
59 998
69 964
79 928
2 750
7 957
11 170
15 555
22 131
33 093
44 053
55 017
65 977
76 939
87 900
3 000
8 571
12 165
16 949
24 123
36 081
48 040
59 998
71 956
83 915
95 873
/** Does not apply to performances under Section IV(3)(b)
13
2/5
M
Average price of admission in CZK, VAT excl.
Max. no.
of
visitors
401- 450
451- 500
501- 600
50
2 221
2 465
2 834
3 237
100
4 174
4 571
5 339
6 192
6 981
150
6 092
6 683
7 899
9 092
10 264
200
7 974
8 752
10 361
11 719
13 481
14 993
16 474
988
250
9 819
10 782
12 774
14 726
16 636
18 688
20 339
1 222
300
11 628
12 652
15 140
17 457
19 728
21 950
24 123
1 449
400
15 286
16 798
19 921
22 980
25 974
28 906
32 096
1 926
500
18 871
20 741
24 606
28 391
32 096
36 081
40 068
2 404
600
22 384
24 606
29 195
33 691
38 474
43 257
48 040
2 884
700
25 795
28 112
33 691
39 270
44 851
50 432
56 012
3 362
800
29 197
32 096
38 474
44 851
51 228
57 606
63 985
3 839
900
32 494
36 081
43 257
50 432
57 606
64 781
71 956
4 319
1 000
36 082
40 068
48 040
56 012
63 985
71 956
79 928
4 797
1 200
43 257
48 040
57 606
67 173
76 739
86 306
95 873
5 752
1 400
50 432
56 012
67 173
78 334
89 494
100 656
111 816
6 710
1 600
57 606
63 985
76 739
89 494
102 250
115 005
127 761
7 667
1 800
64 781
71 956
86 306
100 656
115 005
129 356
143 705
8 622
2 000
71 956
79 928
95 873
111 816
127 761
143 705
159 650
9 580
2 250
80 926
89 894
107 831
125 767
143 705
161 642
179 580
10 776
2 500
89 893
99 858
119 788
139 720
159 650
179 580
199 510
11 972
2 750
98 863
109 824
131 747
153 671
175 593
197 517
219 440
13 167
3 000
107 831
119 788
143 705
167 621
191 538
215 455
239 370
14 363
601 - 700
To be added per each extra
CZK 100(even if incomplete)
701 - 800
801 - 900
901 - 1000
3 634
4 022
4 404
265
7 752
8 506
510
11 409
12 531
752
Royalty in CZK
II.
Special Use
1. Musical performances in parades and marches – the royalty amounts to CZK 725 per each performing band.
14
2. Street musical performances without paid admission organized by the performer – the royalty amounts
to CZK 190 daily.
3. Ceremonies (weddings, funerals, matriculation, graduations etc.), provided that the musical performance
forms a part of paid services – the royalty amounts to
CZK 43 per ceremony.
4. Promotions, public relations
and marketing events (without admission)
Public relations events mean events where the public is addressed with the aim to create a positive relation to certain ideas, activities and institutions. Promotions mean events where the public is addressed
with the aim to affect the demand for products and
services. Marketing events mean offers of products
or services. The royalty amounts to 3% of the total costs of the musical performance; however, no
less than CZK 7 per viewer/visitor of the event.
5. The royalty payable for fashion shows, hair-styling
and similar shows, wherein works are used by performing artists and otherwise, amounts to 3% of the
total costs of the entire music element of the performance; however, no less than CZK 7 per visitor
of the event and per one performance.
6. The royalty payable for musical performances wherein performing artists – DJs participate in the use
of the works, predominantly creating or adapting
musical works in their performances from carriers
and by means of technical devices, amounts to 6%
of the gross income (VAT excl.); however, no less
than CZK 25 per visitor. The royalty already reflects
the proportion of protected and unprotected works
used.
7. Where a musical performance features as an independent part a spoken word performance having
the nature of verbal work (see clause 4 of article IV),
the royalty under article II and III shall be increased
3/5
M
depending on the total time of the spoken word performance as follows:
up to 5 minutes – 9%, up to 10 minutes – 11.5%,
up to 15 minutes – 14%, up to 20 min – 16.5%,
over 20 min – 19%
1 m2 for open-air musical performances. If the organizer proves the total number of the performance‘s visitors (both paying
and free visitors), i.e., the total number of persons to whom the works were communicated, in a credible manner (i.e., by means
of documents from companies that sell tickets, documents from the accounting books of the organizer, documents from the municipality that collects admission fees etc.) within 14 days of the performance, the royalty will be calculated on the basis of this
number of visitors (Section 100(1)(h) of Act No. 121/2000 Coll., as amended).
3. Admission
a) Admission (VAT incl.) means the fee that, when paid by the visitor, gives the visitor the right to attend a cultural or societal
event wherein musical works are used. Different terms used for this fee (e.g., seat reservation, participation fee, club fee, membership fee, fee for various services associated with the attendance of the event etc.) are irrelevant. If the admission authorizes
the visitor to attend a performance that exceeds one day in duration, the admission to the performance (a single day) will be
calculated by dividing the total admission by the number of days of the performance the admission to which was purchased
by the visitor.
IV.
Definitions
1. Musical Performance
Musical performance means an uninterrupted performance organized at a specific time and place.
Uninterrupted performance (show) organized in a
single day in the same venue with or without paid
admission to the entire performance is deemed to
constitute a single performance. In the event of festivals (and similar events) that exceed one day in duration and are held in the same venue with or without paid admission for the entire duration of the festival or individual days, an uninterrupted performance that takes place on a single day of the festival is
deemed to constitute one musical performance. In
the event of festivals that comprise musical performances at various times or at various venues (scenes) with separate admission, each of these performances will be deemed to constitute a separate performance.
2. Number of visitors
If the organizer fails to document the number of the
performance‘s visitors, the calculation of the royalty
will be based either on the capacity of the venue, i.e.,
the maximum possible number of visitors to whom
the work is to be communicated; however, no less
than the capacity specified in the occupancy permit
for the venue, or on the assumption of 1.5 visitor per
If the organizer proves the amount of its gross income, i.e. the total income from the sold admissions, VAT excl., with the total number of sold admissions stated (i.e., the number of admissions from the highest nominal value until, and including, zero-value admissions) within 14 days of the performance in a credible manner, the subsequent calculation of the royalty will
be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the
nominal value of CZK 30 (VAT excl.) and will be added to the presented gross income before the calculation of the average price of admission.
b)
If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision
thereof in the form of receptions or mandatory consumption, rehabilitations etc.) or if the musical performance is a mere
ancillary component of another programme (i.e.., it does not form the basis of the event both in terms of the motivation
to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or
another mediator of the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of CZK 200 per visitor will be set forth for the calculation of the royalty. If the
operator provides a calculation of the costs of the performance, the calculation will be based on these costs as follows: the
costs for the remuneration of the performing artists will be divided by the number of the visitors of the performance. The number attributable to a single visitor is deemed to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than CZK 200. If the use of the musical works is not
of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II.
If the musical performance is a mere ancillary component of another programme to which no admission is directly collected, the admission is voluntary or lower than CZK 30 (i.e.., it does not form the basis of the event both in terms of the
motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.) and/or if
the agency (or another mediator) provides the client with a musical performance (or another programme that incorporates
the use of musical works) to which no admission is directly collected or the admission is voluntary or lower than CZK 30,
the royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary
nature to the event, the royalty will be calculated at the rates stipulated in Article II. Example:
15
4/5
M
Capacity
of venue
50
100
150
200
250
300
400
500
600
700
800
900
Royalty for each
additional
1 000
200 visitors,
even if incomplete
Royalty
1 196 2 072 2 965 3 838 4 698 5 542 7 243 8 915 10 557 12 165 13 742 15 286 16 799
in CZK
3 864
c) The royalty payable for musical performances to which no admission is collected, or the admission is lower than CZK 30,
save for the musical performances that have the nature under paragraph (b), will be determined as follows:
If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the event, the royalty will amount to 7% of the presented costs; however, no less than the amount of the corresponding royalty payable if the admission amounted to no more than CZK 30, as specified in Article II.
If the operator or another mediator of the event fails to provide a calculation of the material costs associated with the organization of the event, the royalty will amount to the corresponding royalty payable if the admission amounted to CZK 31,
as specified in Article II.
d) Musical performances where admission is free or voluntary are deemed performances with the admission of CZK 30, save
for musical performances that have the nature specified in paragraph (b).
e) Average price of admission is calculated from the sum of the prices of the individual types of admission (or another fee on
the basis of which the operator allows visitors to visit the musical performance). The sum of the prices of the individual types
of admission is then divided by the number of the types of admission.
f ) Admissions cheaper than 30% of the price of the most expensive type of admission and admissions cheaper than CZK 30 (incl.
free admission) are not taken into account. These admissions will be taken into accounts solely in respect of performances
that are demonstrably humanitarian and charity in nature wherein the number of non-paying visitors amounts to no less
than 75% of the total number of the event‘s visitors.
4. Verbal work
A verbal work for the purposes hereof means literary and theatre works or parts thereof as well as adaptations thereof, such as
short scenes, scripts, poems, dramas etc. Appearances of a presenter or other persons introducing individual musical performances do not classify as a verbal work.
16
V.
Discounts
1. Royalty rates decrease in line with the number of inhabitants of the municipality that accommodates
the musical performance by:
5% in municipalities with 20 001
to 150 000 inhabitants
10% in municipalities with 1 001
15% in municipalities with 501
20% in municipalities with 500 inhabitants
and less.
2. The royalty rates under Articles II and III are decreased by 5 % if the Operator concludes an annual license agreement on the use of musical works in all,
but no less than five, separate musical performances
in the contractual period. License agreements with
a 5% discount may also be concluded in respect of
separate tours, provided that no less than 5 separate
performances are organized within the tour.
3. The royalty rates payable by operators who fulfill
their obligations duly are reduced by 30%.
Due fulfillment of obligations means the performance of musical works with the consent of the authorized copyright holders; the delivery of a duly filled
in set list of compositions (i.e., whole titles of compositions, incl. the names of authors and the names
of authors of the words, if any) that truly reflects the
reality; the fact that the operator has no overdue liabilities to OSA when it receives the proposal for
the conclusion of a license agreement – application; and the operator‘s regular fulfillment of its obligations when due and in compliance with the Copyright Act. If the set list is incomplete, in particular
if the names of the authors/lyricists of the used
compositions are missing, the royalty rate will be
reduced by 20% only.
4. If the organized performance is didactic and non-commercial in nature and is aimed at
elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the
Operator.
other profitable activities, or if the discount is reasoned, for instance, by the purpose and
circumstances of the use of the musical works (e.g., taking into account the nature or purpose of the event, the economic or business benefit, the scope of the use of the copyrighted works or other objective and demonstrable reasons).
6. If the scope of protected and unprotected works (i.e., on the basis of supplied lists of
the used compositions from the individual performing artists) within the organized musical
performance that includes performances by a larger number of performing artists (i.e., musical groups, solo artists etc.) can be ascertained, the following discounts may be provided:
Share of unprotected
worksin the entire
performance
Provided discount
works in the entire
performance
Up to 10%
0%
51-60%
25%
11-20%
5%
61-70%
30%
5/5
M3/4
VI.
Joint Provisions
1. The amount of the royalty is set forth in the agreement; the arranged amount is usually
due and payable within 15 days of the execution of the agreement (i.e., generally within 30
days of the preparation of the written draft of the agreement). If a 12-month agreement is
concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the
generally binding legal rules and regulations, unless stipulated otherwise in the agreement.
1 July 2009 to 30 June 2010.
4. This list of rates, which supersedes all the previous versions hereof, becomes effective
on 1 January 2009, except for clause 3 of article VI which becomes effective on 1 January 2010 and clause 7 of article III which becomes effective on 1 June 2010.
Provided discount
21-30%
10%
71-80%
35%
31-40%
15%
More than 81%
40%
41-50%
20%
In the event of a single musical performance with a clearly divided music performance to a
part performed by supporting acts or other artists and to a part performed by the headlining performing artist(s), the royalty payable for the entire performance will be divided to
25% for the 1st part of the music performance and to 75% for the headlining performing artist(s). This proportion may reflect the scope of protected and unprotected compositions used within the entire music performance under the table above.
17
1/5
V
- over 3 000 visitors
I.
Applicability
This pricelist applies to the calculation of royalties for the
license (consent) granted to perform musical works with
or without words performed live by performing artists
in concerts, festivals, fashion shows, competitions, variety shows, celebrations, corporate events, advertising,
promotional and similar events, organized on premises
or in venues that accommodate over 3 000 visitors.
This pricelist further applies to musical performances wherein performing artists – DJs participate
in the use of the works, predominantly creating or
adapting musical works in their performances from
carriers and by means of technical devices.
II.
Royalties
Max. no.
of
visitors
Up to 30,-/**
31 - 50
51 - 70
71 - 100
101 - 150
151 - 200
201 - 250
251 - 300
301 - 350
351 - 400
Royalty in CZK
3 500
9 430
14 286
19 998
27 996
42 796
57 144
71 430
85 786
100 003
114 288
4 000
10 754
16 295
22 768
32 526
48 789
65 052
81 157
97 388
113 619
129 850
4 500
12 076
18 297
25 562
36 522
54 671
72 897
90 941
108 915
121 121
144 933
5 000
13 392
20 249
28 349
40 419
60 508
80 518
100 448
120 539
140 628
160 080
6 000
16 037
24 251
33 885
48 311
72 324
96 239
120 060
143 784
167 415
190 948
7 000
18 674
28 237
39 455
56 252
84 042
111 833
139 234
166 744
194 145
220 987
8 000
21 298
32 207
44 912
64 032
95 665
127 298
158 486
189 417
220 540
252 046
9 000
23 914
36 161
50 425
71 711
107 193
142 637
177 220
211 803
246 602
280 683
10 000
26 519
40 099
56 140
79 722
118 625
157 529
196 113
233 901
272 327
309 956
11 000
29 112
44 022
61 262
87 167
129 962
172 580
214 411
256 239
298 773
338 145
12 000
31 696
47 928
66 564
94 709
141 202
187 504
232 945
277 812
322 774
371 478
13 000
34 269
35 875
75 929
102 187
152 348
202 300
250 803
299 098
347 497
394 903
14 000
36 831
55 581
77 189
109 824
164 735
216 969
268 979
322 774
373 445
421 438
15 000
39 462
59 432
82 536
117 189
174 350
231 032
286 995
341 524
395 935
448 670
Premium in CZK for each additional 1 000 visitors (even if incomplete) over 15 000 visitors
2 490
3 746
5 214
7 398
11 113
18
14 621
18 144
21 588
25 080
28 492
2/5
V
Max. no.
of
visitors
401- 450
451- 500
501- 600
3 500
128 574
142 860
170 763
4 000
145 793
161 993
192 861
4 500
162 485
180 807
5 000
179 732
199 701
6 000
214 385
7 000
601 - 700
Premium for each
additional CZK 100
(even if incomplete)
701 - 800
801 - 900
901 - 1000
199 224
227 683
256 144
284 514
27 632
224 112
254 597
284 126
312 699
30 382
213 955
248 108
280 683
310 601
337 423
32 854
234 858
271 769
304 853
334 350
359 168
35 014
237 728
278 386
320 765
357 406
389 166
412 079
40 099
248 108
275 118
320 096
367 976
407 152
438 961
457 071
44 788
8 000
281 830
311 869
361 232
413 401
468 377
484 449
497 746
48 773
Royalty in CZK
9 000
314 476
347 983
401 220
457 041
499 373
526 924
530 033
52 281
10 000
347 265
384 256
440 061
502 166
540 828
548 162
566 020
56 601
11 000
378 834
420 050
476 700
540 190
554 221
568 251
605 082
60 508
12 000
395 632
453 453
516 592
555 815
581 645
611 302
640 957
64 095
13 000
441 185
487 096
553 423
597 780
626 798
660 377
673 643
67 364
14 000
472 109
520 100
583 941
635 951
669 657
693 095
703 139
70 313
15 000
501 525
552 467
617 040
664 635
698 356
714 620
717 490
71 748
Premium in CZK for each additional 1 000 visitors (even if incomplete) over 15 000 visitors
31 745
35 046
39 335
42 858
45 361
47 131
47 833
4 783
III.
Special Use
1. Musical performances in parades and marches – the royalty amounts to CZK 725 per each performing band.
2. Street musical performances without paid admission organized by the performer – the royalty amounts to CZK 190 daily.
3. Ceremonies (weddings, funerals, matriculation, graduations etc.), provided that the musical performance forms a part of paid services – the royalty amounts to CZK 43 per ceremony.
services. Marketing events mean offers of products
or services. The royalty amounts to 3% of the total costs of the musical performance; however, no
less than CZK 7 per viewer/visitor of the event.
6. The royalty payable for musical performances
wherein performing artists – DJs participate in the
use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices, amounts to
6% of the gross income (VAT excl.); however, no
less than CZK 25 per visitor. The royalty already reflects the proportion of protected and unprotected
works used.
7. Where a musical performance features as an independent part a spoken word performance having
the nature of verbal work (see clause 4 of article IV),
the royalty under article II and III shall be increased
depending on the total time of the spoken word performance as follows:
up to 5 minutes – 9%
up to 10 minutes – 11.5%
up to 20 min – 16.5%
over 20 min – 19%
4. Promotions, public relations and marketing events (without admission)
Public relations events mean events where the public is addressed with the aim to create a positive relation to certain ideas, activities and institutions. Promotions mean events where the public is addressed with the aim to affect the demand for products and
19
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IV.
Definitions
Musical performance means an uninterrupted performance organized at a specific time
and place. Uninterrupted performance (show) organized in a single day in the same venue
with or without paid admission to the entire performance is deemed to constitute a single
performance. In the event of festivals (and similar events) that exceed one day in duration
and are held in the same venue with or without paid admission for the entire duration of the
festival or individual days, an uninterrupted performance that takes place on a single day of
the festival is deemed to constitute one musical performance. In the event of festivals that
comprise musical performances at various times or at various venues (scenes) with separate admission, each of these performances will be deemed to constitute a separate performance.
If the organizer fails to document the number of the performance‘s visitors, the calculation
of the royalty will be based either on the capacity of the venue, i.e., the maximum possible
number of visitors to whom the work is to be communicated; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of 1.5 visitor
per 1 m2 for open-air musical performances. If the organizer proves the total number of
the performance‘s visitors (both paying and free visitors), i.e., the total number of persons to whom the works were communicated, in a credible manner (i.e., by means of documents from companies that sell tickets, documents from the accounting books of the organizer, documents from the municipality that collects admission fees etc.) within 14 days of
the performance, the royalty will be calculated on the basis of this number of visitors (Section 100(1)(h) of Act No. 121/2000 Coll., as amended).
admissions) within 14 days of the performance in a credible manner, the subsequent
calculation of the royalty will be based on the average price of admission calculated
using this income. Free admissions are deemed admissions with the nominal value of
CZK 30 (VAT excl.) and will be added to the presented gross income before the calculation of the average price of admission.
b) If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision thereof in the form of receptions or mandatory
consumption, rehabilitations etc.) or if the musical performance is a mere ancillary
component of another programme (i.e., it does not form the basis of the event both
in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or another mediator
of the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of CZK 200 per visitor
will be set forth for the calculation of the royalty. If the operator provides a calculation
of the costs of the performance, the calculation will be based on these costs as follows:
the costs for the remuneration of the performing artists will be divided by the number
of the visitors of the performance. The number attributable to a single visitor is deemed
to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than CZK 200. If the
use of the musical works is not of a merely ancillary nature to the event, the royalty will
be calculated at the rates stipulated in Article II.
If the musical performance is a mere ancillary component of another programme
to which no admission is directly collected, the admission is voluntary or lower
than CZK 30 (i.e., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and
fairs, celebrations etc.) and/or if the agency (or another mediator) provides the client
with a musical performance (or another programme that incorporates the use of musical works) to which no admission is directly collected or the admission is voluntary
or lower than CZK 30, the royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary nature to the event, the
royalty will be calculated at the rates stipulated in Article II.
3. Admission
a) Admission (VAT incl.) means the fee that, when paid by the visitor, gives the visitor the
right to attend a cultural or societal event wherein musical works are used. Different
terms used for this fee (e.g., seat reservation, participation fee, club fee, membership
fee, fee for various services associated with the attendance of the event etc.) are irrelevant. If the admission authorizes the visitor to attend a performance that exceeds one
day in duration, the admission to the performance (a single day) will be calculated by
dividing the total admission by the number of days of the performance the admission
to which was purchased by the visitor.
c) The royalty payable for musical performances to which no admission is collected, or
the admission is lower than CZK 30, save for the musical performances that have the
nature under paragraph (b), will be determined as follows:
If the organizer proves the amount of its gross income, i.e. the total income from the
sold admissions, VAT excl., with the total number of sold admissions stated (i.e., the
number of admissions from the highest nominal value until, and including, zero-value
If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the performance, the royalty will
amount to 7% of the presented costs; however, no less than the amount of the corre-
20
3
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V
sponding royalty payable if the admission amounted to no more than CZK 30, as specified in Article II.
If the operator or another mediator of the event fails to provide a calculation of the
material costs associated with the organization of the performance, the royalty will
amount to the corresponding royalty payable if the admission amounted to CZK 31, as
specified in Article II.
d) Musical performances where admission is free or voluntary are deemed performances with the admission of CZK 30, save for musical performances that have the nature
specified in paragraph (b).
e) Average price of admission is calculated from the sum of the prices of the individual
types of admission (or another fee on the basis of which the operator allows visitors to
visit the musical performance). The sum of the prices of the individual types of admission is then divided by the number of the types of admission.
f ) Admissions cheaper than 30% of the price of the most expensive type of admission
and admissions cheaper than CZK 30 (incl. free admission) are not taken into account.
These admissions will be taken into accounts solely in respect of performances that are
demonstrably humanitarian and charitable in nature wherein the number of nonpaying visitors amounts to no less than 75% of the total number of the event‘s visitors.
4. Verbal work
A verbal work for the purposes hereof means literary and theatre works or parts thereof as
well as adaptations thereof, such as short scenes, scripts, poems, dramas etc. Appearances
of a presenter or other persons introducing individual musical performances do not classify as a verbal work.
V.
Discounts
1. Royalty rates decrease in line with the number of inhabitants of the municipality that accommodates the musical performance by:
5% in municipalities with 20 001 to 150 000 inhabitants
15% in municipalities with 501 to 1 000 inhabitants
20% in municipalities with 500 inhabitants and less.
2. The royalty rates under Articles II and III are decreased by 5 % if the Operator concludes an
annual license agreement on the use of musical works in all, but no less than five, separate musical performances in the contractual period. License agreements with a 5% discount
may also be concluded in respect of separate tours, provided that no less than 5 separate
performances are organized within the tour.
30%.
Due fulfillment of obligations means the performance of musical works with the consent
of the authorized copyright holders; the delivery of a duly filled in set list of compositions (i.e., whole titles of compositions, incl. the names of authors and the names of authors
of the words, if any) that truly reflects the reality; the fact that the operator has no overdue
liabilities to OSA when it receives the proposal for the conclusion of a license agreement – application; and the operator‘s regular fulfillment of its obligations when due and
in compliance with the Copyright Act. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are missing, the royalty rate will
be reduced by 20% only.
elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the operator.
6. If the scope of protected and unprotected works (i.e., on the basis of supplied lists of
the used compositions from the individual performing artists) within the organized musical
performance that includes performances by a larger number of performing artists (i.e., musical groups, solo artists etc.) can be ascertained, the following discounts may be provided:
21
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works
in the performance
Discount provided
works
in the performance
Discount provided
Up to 10%
0%
51-60%
25%
11-20%
5%
61-70%
30%
21-30%
10%
71-80%
35%
31-40%
15%
More than 81%
40%
41-50%
20%
In the event of a single musical performance with a clearly divided music performance to a
part performed by supporting acts or other artists and to a part performed by the headlining performing artist(s), the royalty payable for the entire performance will be divided to
25% for the 1st part of the music performance and to 75% for the headlining performing artist(s). This proportion may reflect the scope of protected and unprotected compositions used within the entire music performance under the table above.
22
VI.
Joint Provisions
1 July 2009 to 30 June 2010.
on 1 January 2009, except for clause 3 of article VI which becomes effective on 1 January 2010 and clause 7 of article III which becomes effective on 1 June 2010.
3
Live Performances - Classical Music
I.
Applicability
This Pricelist applies to the calculation of royalties for the
license (consent) to perform musical works with or without lyrics live by performing artists in classical music concerts, or through playback equipment.
This Pricelist does not apply to the performance of
works of popular music.
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Table 1
Visitors
Up to 30 /**
Up to 50
Up to 70
Up to 100
Up to 150
Up to 200
Up to 250
Up to 300
Up to 350
Up to 400
Royalty in CZK
50
343
513
671
944
1 242
1 536
1 827
2 110
2 387
2 661
100
673
1 006
1 192
1 553
2 145
2 732
3 309
3 872
4 425
4 971
6 947
150
906
1 202
1 547
2 105
2 913
3 752
4 571
5 378
6 170
200
1 126
1 490
1 944
2 623
3 752
4 856
5 944
7 011
8 058
9 083
II.
Royalties
250
1 264
1 693
2 236
3 044
4 382
5 697
6 988
8 251
9 497
10 715
300
1 432
1 956
2 603
3 299
5 156
6 719
8 251
9 759
10 425
12 683
Royalty determined with view to the venue or number of visitors and the average price of admission –
see below
400
1 709
2 373
3 195
4 413
6 425
8 402
10 342
12 245
14 110
15 939
500
1 950
2 754
3 718
5 156
7 534
9 874
12 168
14 415
16 619
18 780
600
2 152
3 070
4 163
5 789
8 486
11 132
13 728
16 272
18 768
21 210
1.
800
2 731
3 939
5 370
7 501
10 795
14 491
17 885
21 213
24 471
27 663
1 300
4 118
6 013
8 247
12 068
17 078
22 482
27 775
28 301
38 038
43 002
2 000
5 548
8 406
11 769
16 814
23 540
30 266
36 990
43 716
50 441
58 849
8 978
10 155
The following royalties apply to chamber music
concerts wherein copyrighted musical works are
performed by no more than 9 performing artists
(i.e., instrumentalists and solo vocalists), concerts
of vocal choirs (choirs are deemed to constitute a
single performing artist), or musical performances
wherein musical works are used through playback
devices:
Premium for each additional 500 (even if incomplete) visitor seats in CZK
980
1 430
1 959
2 741
4 035
5 314
6 557
7 785
23
3
Visitors
Up to 450
Up to 500
Up to 600
Up to 700
Up to 800
Up to 900
Up to 1 000
Royalty in CZK
2/6
VH
Premium for each
additional CZK 100
50
2 928
3 249
3 734
4 267
4 791
5 304
5 804
464
100
5 504
6 025
6 903
8 163
9 203
10 217
11 213
898
150
7 710
8 456
10 002
11 507
12 987
14 437
15 857
1 268
200
10 090
11 075
13 113
14 399
17 090
18 976
20 849
1 669
250
11 907
13 076
15 493
17 856
20 176
22 695
24 714
1 974
300
14 102
15 686
18 359
21 171
23 925
26 293
29 256
2 341
400
17 736
19 486
23 092
26 657
30 131
33 533
37 232
2 977
500
20 894
23 027
27 247
31 435
37 305
39 953
44 366
3 549
600
23 605
25 948
30 788
35 528
40 572
45 617
50 660
4 053
800
30 789
33 847
40 572
47 297
54 023
60 749
67 474
5 397
1 300
49 399
54 864
65 794
76 722
87 651
98 580
109 509
8 760
2 000
67 256
75 662
84 070
92 476
100 883
117 697
126 105
16 814
11 416
12 677
15 200
17 721
20 243
22 765
25 287
16 814
2. The following royalties apply to concerts wherein at least one copyrighted musical work is performed by more than 9 performing
artists, and concerts of choirs accompanied by more than nine performing artists (instrumentalists):
24
3
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Table 2
Visitors
Up to 30/** Up to 50
Up to 70
Up to 100
Up to 150
Up to 200
Up to 250
Up to 300
Up to 350
Up to 400
Royalty in CZK
50
413
513
806
1 133
1 492
1 845
2 190
2 533
2 866
2 982
100
808
1 006
1 431
1 863
2 574
3 279
3 972
4 647
5 318
5 964
150
1 087
1 202
1 856
2 525
3 498
4 501
5 486
6 454
7 402
8 336
200
1 295
1 713
2 236
3 016
4 315
5 584
6 834
8 064
9 667
11 505
250
1 455
1 947
2 569
3 501
5 040
6 550
8 037
9 489
11 395
12 856
300
1 645
2 250
2 993
3 794
5 928
7 726
9 489
11 224
12 509
15 220
400
1 966
2 730
3 676
5 076
7 389
9 663
11 823
14 082
16 227
18 330
500
2 242
3 167
4 275
5 928
8 663
11 354
13 990
16 577
19 113
21 596
600
2 473
3 530
4 787
5 983
9 759
12 802
15 788
18 714
21 582
24 392
800
3 142
4 529
6 176
8 625
12 413
16 664
20 569
24 388
28 142
31 813
1 300
4 458
6 483
8 865
12 408
18 282
24 039
29 684
35 223
40 630
45 931
2 000
5 919
8 743
12 105
17 150
25 557
33 965
42 371
50 778
59 185
67 592
10 332
11 678
1 129
1 648
2 253
3 152
4 648
6 113
7 549
8 953
25
3
Up to 600
Up to 700
Up to 800
Up to 900
Up to 1 000
Premium for each
additional CZK 100
Visitors
Up to 450
Up to 500
50
3 513
3 900
4 481
5 119
5 748
6 365
6 965
556
100
6 604
7 232
8 282
9 796
11 043
12 261
13 455
1 076
sazba autorské odměny v Kč
150
9 250
10 148
12 003
13 809
15 584
17 323
19 028
1 521
200
12 107
13 291
15 734
17 195
20 471
22 770
25 020
2 001
250
14 288
15 691
18 591
21 427
24 211
27 231
29 597
2 367
300
16 921
18 822
22 031
25 403
28 709
30 339
35 108
2 808
400
20 396
22 407
26 556
30 654
34 649
38 560
42 814
3 425
500
24 030
26 411
31 335
36 150
42 059
45 946
51 022
4 081
600
27 144
29 842
35 406
40 858
46 659
52 460
58 261
4 662
800
35 408
38 925
46 659
54 393
62 127
69 861
77 597
6 209
1 300
51 638
57 591
68 747
80 156
91 564
102 973
114 379
9 150
2 000
75 998
84 406
92 813
101 220
109 627
118 033
126 441
25 221
13 133
14 997
17 477
20 378
23 278
26 179
29 079
25 221
If the operators fails to provide information necessary to determine the amount of the royalty (i.e., number of performing artists, list of compositions, or if the number of performers is not clearly indicated in the concert‘s notes) on time (before the concert takes place), Table 2 (more than nine performing artists) of this Pricelist will apply.
The royalty is calculated for each musical performance of the copyrighted musical works.
III.
Definitions
Musical performance means an uninterrupted performance organized at a specific time and place. Uninterrupted performance
(show) organized in a single day in the same venue with or without paid admission to the entire performance is deemed to constitute a single performance. In the event of festivals (and similar events) that exceed one day in duration and are held in the same
venue with or without paid admission for the entire duration of the festival or individual days, an uninterrupted performance that
26
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takes place on a single day of the festival is deemed
to constitute one musical performance. In the event
of festivals that comprise musical performances at
various times or at various venues (scenes) with separate admission, each of these performances will
be deemed to constitute a separate performance.
If the organizer fails to document the number of the
performance‘s visitors, the calculation of the royalty will be based either on the capacity of the venue, i.e., the maximum possible number of visitors
to whom the work is to be communicated; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of
1.5 visitor per 1 m2 for open-air musical performances. If the organizer proves the total number of the
performance‘s visitors (both paying and free visitors), i.e., the total number of persons to whom
the works were communicated, in a credible manner
(i.e., by means of documents from companies that
sell tickets, documents from the accounting books
of the organizer, documents from the municipality
that collects admission fees etc.) within 14 days of
the performance, the royalty will be calculated on
the basis of this number of visitors (Section 100(1)(h)
of Act No. 121/2000 Coll., as amended).
3. Admission
a) Admission (VAT incl.) means the fee that, when
paid by the visitor, gives the visitor the right to
attend a cultural or societal event wherein musical works are used. Different terms used for
this fee (e.g., seat reservation, participation fee,
club fee, membership fee, fee for various services associated with the attendance of the event
etc.) are irrelevant. If the admission authorizes
the visitor to attend a performance that exceeds
one day in duration, the admission to the performance (a single day) will be calculated by di-
3
viding the total admission by the number of days of the performance the admission to
which was purchased by the visitor.
sold admissions, VAT excl., with the total number of sold admissions stated (i.e., the
number of admissions from the highest nominal value until, and including, zero-value
admissions) within 14 days of the performance in a credible manner, the subsequent
calculation of the royalty will be based on the average price of admission calculated
using this income. Free admissions are deemed admissions with the nominal value of
CZK 30 (VAT excl.) and will be added to the presented gross income before the calculation of the average price of admission
b) If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision thereof in the form of receptions or mandatory
consumption, rehabilitations etc.) or if the musical performance is a mere ancillary
component of another programme (i.e.., it does not form the basis of the event both
in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or another mediator of
the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of CZK 200 per visitor
will be set forth for the calculation of the royalty. If the operator provides a calculation
of the costs of the performance, the calculation will be based on these costs as follows:
the costs for the remuneration of the performing artists will be divided by the number
of the visitors of the performance. The number attributable to a single visitor is deemed
to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than CZK 200. If the
use of the musical works is not of a merely ancillary nature to the event, the royalty will
be calculated at the rates stipulated in Article II, Table 1.
If the musical performance is a mere ancillary component of another programme
to which no admission is directly collected, the admission is voluntary or lower
than CZK 30 (i.e.., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and
fairs, celebrations etc.) and/or if the agency (or another mediator) provides the client
with a musical performance (or another programme that incorporates the use of musical works) to which no admission is directly collected or the admission is voluntary
or lower than CZK 30, the royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary nature to the event, the
royalty will be calculated at the rates stipulated in Table 1 of Article II.
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c) The royalty payable for musical performances to which no admission is collected, or
the admission is lower than CZK 30, save for the musical performances that have the
nature under paragraph (b), will be determined as follows:
If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the performance, the royalty will
amount to 7% of the presented costs; however, no less than the amount of the corresponding royalty payable if the admission amounted to no more than CZK 30, as specified in Article II.
If the operator or another mediator of the event fails to provide a calculation of the
material costs associated with the organization of the performance, the royalty will
amount to the corresponding royalty payable if the admission amounted to CZK 31, as
specified in Article II.
Admissions cheaper than 30% of the price of the most expensive type of admission
and admissions cheaper than CZK 30 (incl. free admission) are not taken into account.
These admissions will be taken into accounts solely in respect of performances that are
IV.
Discounts
1. Individual works
1.1. If the programme of the concert contains less than ten compositions, the royalty for the
license to use musical works will be reduced if
a) to copyrighted works are performed by 20%
b) one copyrighted work is performed by 40%
1.2. If the programme of the concert contains ten or more compositions, the royalty for the license will be reduced by:
a) 10 % if no more than 2 unprotected musical works are performed;
b) 20 % if no more than 3 to 4 unprotected musical works are performed;
27
c) 30 % if no more than 5 to 6 unprotected musical works are performed;
d) 40 % if 7 and more unprotected musical works are performed;
1.3. The royalties for venues with the capacity of no more than 300 seats and for admissions
of no more than CZK 50, as specified in Table 1 hereof, will be reduced by 20% for concerts with no more than two performing artists, and by 10% a for concerts with no more
than four performing artists.
Song cycles and instrumental cycles are deemed to constitute a single musical work for
the purposes of this Pricelist.
The discounts set forth in Sections 1.1, 1.2 and 1.3 will not be provided if the license is
granted to the operator of a concert the programme whereof contains solely and exclusively two copyrighted musical works or one copyrighted musical work.
1.4. Royalty rates decrease in line with the number of inhabitants of the municipality that
accommodates the musical performance by:
30%.
3. The royalty rates under Articles II are reduced by 5 % if the operator concludes an annual license agreement on the use of musical works in all, but no less than five, separate musical
performances in the contractual period. License agreements with a 5% discount may also
be concluded in respect of long-term festivals or tours, provided that no less than 5 separate performances are organized within their framework.
elementary and secondary schools or other educational or pre-pre-school facilities, educa-
28
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VH
tion institutes or other facilities of social care, a discount of 5% will be provided to the operator.
6. If works are used through technical equipment within a single performance, the royalty will be calculated in line with Section II, Table 1. If musical works are used through technical equipment as background music in long-term exhibitions or similar events, the royalty
will be calculated in line with Section II of Pricelist R.
V.
Joint Provisions
1 July 2009 to 30 June 2010.
on 1 January 2009, except for clause 3 of part V which becomes effective on 1 January
2010.
Repeated Live Performances
I.
Applicability
This Pricelist shall apply to the calculation of royalties for
the license (consent) granted to the performance of musical works with or without lyrics by means of life performance by performing artists in regular (repeated)
live musical performances designed for listening or
dancing (e.g., concerts, dance events, balls, „tafel music“,
variety shows and cabarets and other events).
This Pricelist does not apply to the performance of
works of classical music.
II.
Royalties
1. Repeated (regular) musical performance is deemed to be a performance organized at the same
venue under the same terms and conditions.
1/5
O
Repeated performances - up to 5 monthly performances
Capacity of venue/price
of admission
Up to 50 visitors monthly
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
Premium for each additional
CZK 50 (even if incomplete)
971
1 278
1 574
2 179
3 070
878
quarterly
2 612
3 438
4 238
5 863
8 263
2 445
annually
9 377
12 351
15 217
21 055
29 665
9 285
1 866
2 480
3 055
4 227
5 955
1 754
quarterly
5 023
6 676
8 224
11 374
16 030
4 995
annually
18 035
23 967
29 525
40 842
57 545
18 945
Premium for each additional 50 visitors (even if incomplete)
monthly
697
824
950
1 330
1 850
702
quarterly
1 994
2 358
2 720
3 808
5 299
2 121
annually
7 601
8 982
10 364
14 510
20 188
8 077
Repeated performances – up to 10 monthly performances
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
1 848
2 433
3 000
4 149
5 848
1 719
quarterly
4 976
6 556
8 082
11 179
15 753
4 913
annually
15 503
17 862
23 513
28 993
40 090
56 512
3 691
4 859
5 994
7 389
9 707
3 501
quarterly
9 939
13 092
16 146
19 910
26 124
10 012
annually
35 667
46 960
57 954
71 503
93 853
37 807
monthly
1 393
1 647
1 901
2 660
3 700
1 480
quarterly
3 989
4 717
5 441
7 618
10 600
4 240
annually
15 200
17 966
20 728
28 785
40 211
16 085
29
2/5
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
2 765
3 642
4 494
6 211
8 756
2 580
quarterly
7 444
9 808
12 095
16 724
23 563
7 368
annually
26 712
35 170
43 403
59 981
84 568
27 857
5 524
7 274
8 976
11 075
14 548
5 245
quarterly
14 865
19 587
24 154
29 820
39 185
14 892
annually
53 352
70 241
86 684
107 078
140 532
56 587
monthly
2 090
2 471
2 849
3 625
5 181
2 072
quarterly
5 985
7 074
8 162
10 383
14 839
5 936
annually
22 800
26 946
31 092
39 555
56 529
22 611
Opakované produkce – do 20 produkcí měsíčně
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
3 677
4 842
5 975
8 257
11 641
3 441
quarterly
9 898
13 040
16 081
22 237
31 331
9 824
annually
35 568
46 829
57 788
79 859
112 593
37 060
7 347
9 673
11 937
14 742
19 364
6 978
quarterly
19 771
26 046
32 118
39 513
52 159
19 899
annually
71 037
93 523
115 410
142 538
187 044
75 283
monthly
2 647
3 128
3 609
4 826
6 881
2 753
quarterly
7 582
8 959
10 338
13 929
19 609
7 837
annually
28 879
34 132
39 382
52 118
75 117
30 047
30
O
3/5
O
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
4 585
6 037
7 449
10 295
14 513
4 301
quarterly
12 339
16 257
20 046
27 721
39 054
12 280
annually
44 337
58 369
72 029
99 534
140 324
46 327
9 160
11 748
14 880
18 401
24 162
8 702
quarterly
24 646
32 468
40 038
49 545
64 981
24 872
annually
88 548
116 571
143 849
177 884
233 391
93 895
monthly
3 310
3 956
4 512
6 021
8 582
3 432
quarterly
9 477
11 332
12 924
17 157
24 563
9 824
annually
36 100
43 170
49 229
65 001
93 066
37 226
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
5 490
7 228
8 919
12 326
17 375
5 181
quarterly
14 769
19 455
23 990
33 174
46 734
14 799
annually
53 055
69 845
86 184
119 092
167 893
55 840
10 966
14 437
17 815
22 055
28 958
10 468
quarterly
29 499
38 806
47 916
59 362
77 976
29 847
annually
105 959
139 489
172 121
213 112
279 572
112 922
monthly
3 960
4 693
5 274
7 212
10 282
4 112
quarterly
11 339
13 439
15 102
20 544
29 288
11 717
annually
43 197
51 197
57 530
77 826
111 432
44 573
Royalties for a period of two months is calculated as the sum of two monthly royalty rates. Royalties for a period of four to eleven months is calculated as the corresponding number of twelfths of the annual royalty rate (the annual royalty rate is divided by twelve and
multiplied by the number of months).
31
2. Where a musical performance features as an independent part a spoken word performance
having the nature of verbal work (see clause 4 of article III), the royalty under article II shall
be increased depending on the total time of the spoken word performance as follows:
up to 10 minutes – 11.5%
up to 20 min – 16.5%
over 20 min – 19%
III.
Definitions
Musical performance means an uninterrupted performance organized at a specific time
and place. Uninterrupted performance (show) organized in a single day in the same venue
with or without paid admission to the entire performance is deemed to constitute a single
performance.
If the organizer fails to document the number of the performance‘s visitors, the calculation
of the royalty will be based either on the capacity of the venue, i.e., the maximum possible
number of visitors to whom the work is to be communicated; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of 1.5 visitor
per 1 m2 for open-air musical performances.
3. Admission
a) Admission (VAT incl.) means the fee that, when paid by the visitor, gives the visitor the
right to attend a cultural or societal event wherein musical works are used. Different
terms used for this fee (e.g., seat reservation, participation fee, club fee, membership fee,
fee for various services associated with the attendance of the event etc.) are irrelevant.
sold admissions, VAT excl., for a longer period of time in a trustworthy manner, with the
total number of sold admissions stated (i.e., the number of admissions from the highest
nominal value until, and including, zero-value admissions), the subsequent calculation
of the royalty will be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the nominal value of CZK 30 (VAT
excl.) and will be added to the presented gross income before the calculation of the average price of admission.
32
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b) Musical performances for which no admission is charged or the admission whereto
is lower that CZK 30 will be deemed performances with the price of admission of
CZK 30.
c) Musical performances where admission is free or voluntary are deemed performances with the admission of CZK 30.
d) Average price of admission is calculated from the sum of the prices of the individual
Admissions cheaper than 30% of the price of the most expensive type of admission and
admissions cheaper than CZK 30 (incl. free admission) are not taken into account. These admissions will be taken into accounts solely in respect of performances that are
e) In the event of repeated performances, the average admission for the contractual period (if the price of admission to the individual performances within the contractual period varies) will be calculated as follows:
The sum of the average prices of admission to the individual performances will be divided by the number of performances.
Example:
5 performances with average price of admission of CZK 50 = CZK 250
CZK 1,350 (sum of the average prices of admission for all the performances):
15 (number of performances) = CZK 90 (average admission).
4. Verbal work
A verbal work for the purposes hereof means literary and theatre works or parts thereof as
well as adaptations thereof, such as short scenes, scripts, poems, dramas etc. Appearances
of a presenter or other persons introducing individual musical performances do not classify as a verbal work.
IV.
Discounts
1. Royalty rates decrease in line with the number of inhabitants of the municipality that
2. She royalty rates payable by operators who fulfill their obligations duly are reduced by 30%.
5/5
O
V.
Joint Provisions
1 July 2009 to 30 June 2010.
on 1 January 2009, except for clause 3 of article V which becomes effective on 1 January 2010 and clause 2 of article II which becomes effective on 1 June 2010.
elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the Operator.
33
Discotheques and other Similar Performances
1/6
D
performed wholly or principally by Recorded Means
I.
Applicability
II.
Royalties
This Pricelist applies to the calculation of royalties for the
license (consent) to perform musical works with or without lyrics from audio and audiovisual recordings
within musical performances for listening or dancing
(e.g., discotheques, video discotheques, music clubs, karaoke bars, variety shows and cabarets, fashion shows,
celebrations, corporate and similar events).
A.
Discotheque (video discotheque, rock music discotheque, techno party etc.) is deemed a public musical performance based on the use of musical works and performed exclusively or predominantly with the use of audio
and audiovisual recordings the choice and order whereof are usually based on suggestions.
ROYALTIES FOR INDIVIDUAL PERFORMANCES
Capacity
of venue
– max. no.
of visitors
31
51
71
101
151
201
251
301
50
70
100
150
200
250
300
350
Up to
30/**
Premium
for each
additional
CZK (even if
400
incomplete)
351
Royalty in CZK
50
333
379
504
717
957
1 196
1 396
1 600
1 812
2 020
392
100
500
757
892
1 177
1 628
2 072
2 510
2 936
3 359
3 772
790
150
750
950
1 223
1 628
2 302
2 965
3 614
4 251
4 876
5 489
1 166
200
888
1 177
1 535
2 072
2 965
3 838
4 698
5 542
6 367
7 178
1 547
250
1 094
1 397
1 844
2 510
3 614
4 698
5 762
6 805
7 830
8 834
1 910
300
1 246
1 613
2 147
2 720
4 251
5 542
6 805
8 047
9 180
10 458
2 275
400
1 555
2 045
2 757
3 804
5 539
7 243
8 915
10 557
12 164
13 742
3 046
500
1 858
2 487
3 359
4 656
6 805
8 915
10 988
13 019
15 008
16 960
3 827
600
2 155
2 912
3 949
5 489
8 047
10 557
13 019
15 431
17 797
20 115
4 610
700
2 447
3 328
4 525
6 310
9 265
12 165
15 008
17 797
20 531
23 205
5 405
800
2 735
3 735
5 092
7 113
10 236
13 742
16 960
20 116
23 205
26 233
6 202
900
3 015
4 138
5 648
7 902
11 628
15 286
18 872
22 384
25 827
29 196
7 009
1 000
3 291
4 529
6 195
8 671
12 774
16 799
20 741
24 613
28 392
32 273
7 823
6 342
1913
Premium in CZK for each additional 200 seats (even if incomplete) over 1 000 visitors
518
779
1 081
1 530
2 269
34
3 060
3 864
4 686
5 526
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B. ROYALTIES FOR REPEATED PERFORMANCES
Repeated (regular) music performance is deemed a performance organized at the same venue under the same terms and
conditions.
Repeated performances - up to 5 monthly performance
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
971
1 278
1 574
2 179
3 070
878
quarterly
2 612
3 438
4 238
5 863
8 263
2 445
annually
9 377
12 351
15 217
21 055
29 665
9 285
1 866
2 480
3 055
4 227
5 955
1 754
quarterly
5 023
6 676
8 224
11 374
16 030
4 995
annually
18 035
23 967
29 525
40 842
57 545
18 945
monthly
697
824
950
1 330
1 850
702
quarterly
1 994
2 358
2 720
3 808
5 299
2 121
annually
7 601
8 982
10 364
14 510
20 188
8 077
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
1 848
2 433
3 000
4 149
5 848
1 719
quarterly
4 976
6 556
8 082
11 179
15 753
4 913
annually
15 503
17 862
23 513
28 993
40 090
56 512
3 691
4 859
5 994
7 389
9 707
3 501
quarterly
9 939
13 092
16 146
19 910
26 124
10 012
annually
35 667
46 960
57 954
71 503
93 853
37 807
monthly
1 393
1 647
1 901
2 660
3 700
1 480
quarterly
3 989
4 717
5 441
7 618
10 600
4 240
annually
15 200
17 966
20 728
28 785
40 211
16 085
35
3/6
D
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
2 765
3 642
4 494
6 211
8 756
2 580
quarterly
7 444
9 808
12 095
16 724
23 563
7 368
annually
26 712
35 170
43 403
59 981
84 568
27 857
5 524
7 274
8 976
11 075
14 548
5 245
quarterly
14 865
19 587
24 154
29 820
39 185
14 892
annually
53 352
70 241
86 684
107 078
140 532
56 587
monthly
2 090
2 471
2 849
3 625
5 181
2 072
quarterly
5 985
7 074
8 162
10 383
14 839
5 936
annually
22 800
26 946
31 092
39 555
56 529
22 611
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
3 677
4 842
5 975
8 257
11 641
3 441
quarterly
9 898
13 040
16 081
22 237
31 331
9 824
annually
35 568
46 829
57 788
79 859
112 593
37 060
7 347
9 673
11 937
14 742
19 364
6 978
quarterly
19 771
26 046
32 118
39 513
52 159
19 899
annually
71 037
93 523
115 410
142 538
187 044
75 283
monthly
2 647
3 128
3 609
4 826
6 881
2 753
quarterly
7 582
8 959
10 338
13 929
19 609
7 837
annually
28 879
34 132
39 382
52 118
75 117
30 047
pokračování na str. 4/6 sazebníku >>>
36
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pokračování ze str. 3/6 sazebníku >>>
III.
Special Use
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
4 585
6 037
7 449
10 295
14 513
4 301
quarterly
12 339
16 257
20 046
27 721
39 054
12 280
annually
44 337
58 369
72 029
99 534
140 324
46 327
9 160
11 748
14 880
18 401
24 162
8 702
quarterly
24 646
32 468
40 038
49 545
64 981
24 872
annually
88 548
116 571
143 849
177 884
233 391
93 895
monthly
3 310
3 956
4 512
6 021
8 582
3 432
quarterly
9 477
11 332
12 924
17 157
24 563
9 824
annually
36 100
43 170
49 229
65 001
93 066
37 226
Repeated performances - more than 25 monthly performance
of admission
Up to
CZK 30
CZK
31 to 40
CZK
41 to 50
CZK
51 to 70
CZK
71 to 100
5 490
7 228
8 919
12 326
17 375
5 181
quarterly
14 769
19 455
23 990
33 174
46 734
14 799
annually
53 055
69 845
86 184
119 092
167 893
55 840
10 966
14 437
17 815
22 055
28 958
10 468
quarterly
29 499
38 806
47 916
59 362
77 976
29 847
annually
105 959
139 489
172 121
213 112
279 572
112 922
monthly
3 960
4 693
5 274
7 212
10 282
4 112
quarterly
11 339
13 439
15 102
20 544
29 288
11 717
annually
43 197
51 197
57 530
77 826
111 432
44 573
Royalties for a period of two months is calculated as the sum of two monthly royalty rates. Royalties for a period of four to eleven months is calculated as the corresponding number of twelfths of the annual royalty rate (the annual royalty rate is divided by twelve and
multiplied by the number of months).
1. Music club is deemed an establishment that regularly (repeatedly) accommodates musical performances from audio and audiovisual carriers (that
help to create the atmosphere and form a substantial identifying element of the motive to visit the
club) the playing order whereof is determined by the
club‘s staff, designed exclusively for listening purposes, and with free admission. The royalties will
be calculated on the basis of the rates set forth in Article II with a 50% discount.
IV.
Definitions
Musical performance means an uninterrupted performance organized at a specific time and place.
Uninterrupted performance (show) organized in a
single day in the same venue with or without paid
admission to the entire performance is deemed to
constitute a single performance. In the event of festivals (and similar events) that exceed one day in duration and are held in the same venue with or without paid admission for the entire duration of the festival or individual days, an uninterrupted performance
that takes place on a single day of the festival is deemed to constitute one musical performance. In the
event of festivals that comprise musical performances at various times or at various venues (scenes) with
separate admission, each of these performances will
be deemed to constitute a separate performance.
37
2. Capacity – Number of Visitors
The capacity of the venue is deemed the maximum
possible number of visitors; however, no less than
the capacity specified in the occupancy permit for
the venue, or 1.5 visitor per 1 m2 for open-air musical performances.
If the organizer proves the total number of the performance‘s visitors (both paying and free visitors), i.e., the total number of persons to whom the
works were communicated, in a credible manner
(i.e., by means of documents from companies that
sell tickets, documents from the accounting books
of the organizer, documents from the municipality
that collects admission fees etc.) within 14 days of
the performance, the royalty will be calculated on
the basis of this number of visitors. This will not apply to performances where the royalties for the use
of musical works is determined under Section II.B.
3. Admission
a) Admission (VAT incl.) means the fee that, when
paid by the visitor, gives the visitor the right to
attend a cultural or societal event wherein musical works are used. Different terms used for this
fee (e.g., seat reservation, participation fee, club
fee, membership fee, fee for various services associated with the attendance of the event etc.)
are irrelevant. If the admission authorizes the visitor to attend a performance that exceeds one
day in duration, the admission to the performance (a single day) will be calculated by dividing the total admission by the number of days
of the performance the admission to which was
purchased by the visitor.
If the organizer proves the amount of its gross
income, i.e. the total income from the sold admissions, VAT excl., with the total number of sold
admissions stated (i.e., the number of admissions from the highest nominal value until, and in-
38
5/6
D5/6
cluding, zero-value admissions) within 14 days of the performance in a credible manner, the subsequent calculation of the
royalty will be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the nominal value of CZK 30 (VAT excl.) and will be added to the presented gross income before the calculation of
the average price of admission.
b) If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision
thereof in the form of receptions or mandatory consumption, rehabilitations etc.) or if the musical performance is a mere
ancillary component of another programme (i.e.., it does not form the basis of the event both in terms of the motivation
to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or
another mediator of the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of CZK 200 per visitor will be set forth for the calculation of the royalty. If the
operator provides a calculation of the costs of the performance, the calculation will be based on these costs as follows: the
costs for the remuneration of the performing artists will be divided by the number of the visitors of the performance. The number attributable to a single visitor is deemed to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than CZK 200. If the use of the musical works is not
of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II.A.
If the musical performance is a mere ancillary component of another programme to which no admission is directly collected, the admission is voluntary or lower than CZK 30 (i.e., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.) and/or if the
agency (or another mediator) provides the client with a musical performance (or another programme that incorporates the
use of musical works) to which no admission is directly collected or the admission is voluntary or lower than CZK 30, the
royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II. Example:
Capacity
of venue
Royalty
in CZK
50
100
150
200
250
300
400
500
600
700
800
900
1 000
1 196 2 072 2 965 3 838 4 698 5 542 7 243 8 915 10 557 12 165 13 742 15 286 16 799
Premium for each
additional 200
(and less) visitors
3 864
c) The royalty payable for musical performances to which no admission is collected, or the admission is lower than CZK 30,
save for the musical performances that have the nature under paragraph (b), will be determined as follows:
If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the performance, the royalty will amount to 7% of the presented costs; however, no less than the amount of the corresponding royalty payable if the admission amounted to no more than CZK 30, as specified in Article II.
If the operator or another mediator of the event fails to provide a calculation of the material costs associated with the organization of the performance, the royalty will amount to the corresponding royalty payable if the admission amounted to
CZK 31, as specified in Article II.
f ) Admissions cheaper than 30% of the price of the most expensive type of admission and
admissions cheaper than CZK 30 (incl. free admission) are not taken into account. These admissions will be taken into accounts solely in respect of performances that are
V.
Discounts
1. Royalty rates decrease in line with the number of inhabitants of the municipality that
2. The royalty rates under Articles II are reduced by 5 % if the operator concludes an annual license agreement on the use of musical works in all, but no less than five, separate musical
performances in the contractual period. License agreements with a 5% discount may also
be concluded in respect of separate tours, provided that no less than 5 separate performances are organized within the tour. This will not apply to repeated performances where
the royalty is determined under Article II.B.
3. The royalty rates payable by operators who fulfill their obligations duly are reduced by 30%.
of the authorized copyright holders; the fact that the operator has no overdue liabilities
to OSA when it receives the proposal for the conclusion of a license agreement – application; and the operator‘s regular fulfillment of its obligations when due and in compliance with the Copyright Act. The operator shall deliver a duly filled-in set list (i.e., a list that
specifies the full titles of performed compositions, incl. the names of the authors of the music and, as the case may be, the names of the authors of the words) to OSA when reques-
6/6
D5/6
ted; the list must truly reflect the reality. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are missing, the royalty rate will be
reduced by 20% only.
elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the
operator.
Discounts are applied consecutively (each subsequent discount is calculated from
the amount that reflects the previous discount).
VI.
Joint Provisions
days of the preparation of the written draft of the agreement). If a 12-month agreement
is concluded, the royalty may be paid in installments arranged in the agreement, if
requested by the operator. Default interest paid in the case of defaults is governed by
the generally binding legal rules and regulations, unless stipulated otherwise in the agreement.
1 July 2009 to 30 June 2010.
4. This list of rates, which supersedes all the previous versions hereof, becomes effective on 1 January 2009, except for clause 3 of part VI which becomes effective on 1 January 2010.
39
Cinemas, Film Festivals and other Performances,
and Theatres
I.
Applicability
The tariff shall be used for calculation of the author’s
fee for granting the licence (consent) to performance of
the works with text or without text during their communication to the public in connection with projection of
audio-visual works in cinemas or other buildings where
the projection of the audio-visual works takes place, regardless the reproduction type (e.g. sound track of a sound motion picture or musical priming of a silent film) and
regardless the film genre (e.g. a feature film or a short).
In accordance with the Copyright Act, a copyright work
is a work created by arrangement of the used audio-visual works, either already processed or not yet processed, consisting of a series of recorded pictures related to
each other, evoking an impression of movement, either
accompanied with sound or not, perceivable by eyesight
and if they are accompanied with sound perceivable
also by hearing.
The licenses granted to the operators in accordance with
this tariff relate to public performance of the musical
works with text and without text during projection of
the audio-visual works, above all of films, during projection of a newsreel, advertisements, previews and trailers, during projection of slides, during opening, jubilee
and similar festive film performances, to fill in the breaks
and immediately before and after the performance (hereinafter jointly referred to as the “film performances“).
The licence in accordance with this tariff does not relate
to the other performance of the repertory of OSA (Society for the Protection of the Rights of Music Authors and
Publishers) in cinemas, in particular during concerts or
their broadcasts, variety shows, entertainment evenings
and similar events or within running of a café or providing of similar services. For such applications it is necessary to use the respective valid OSA’s tariffs.
40
1/2
F
II.
Royalties
Part A)
performance of works
amount of the author’s fee
Film performance within the framework of a cinema
or similar premises with an admission charge
0.55% of the gross income of the operator of the cinema
or other premises where the film performance takes place,
however minimum CZK 150.00 for the one-year licence granted
Film performance within the framework of a cinema
or similar premises without an admission charge
Maximum capacity of the projection place x CZK 0.15.
Minimum author’s fee is CZK 150.00 for the one-year licence granted.
Part B)
performance of works
0.784% of the gross income of the operator of a cinema or other
Film festivals or similar projections within the framework of a cinema
premises where the film performance takes place, however minior similar premises with an admission charge
mum CZK 150.00 for the licence granted
Film festivals or similar projections within the framework
of a cinema or similar premises without an admission charge
CZK 0.18 per a spectator,
however minimum CZK 150.00 for the licence granted
Film or video/DVD projection (outside the framework of a cinema)
in case of single use of one audio-visual work
1% of the gross receipts in case of admission charge collection
or CZK 1.20 per a spectator in case without an admission charge,
however minimum CZK 150.00 per performance
Broadcast of live performance of musical works in another place
than where the live performance takes place
3% of the gross receipts or CZK 25.00 per a spectator in case
without an admission charge, however minimum CZK 150.00 per
performance
VAT in the statutory basic rate shall be added to the author’s fees
/** As the gross income, the income from the sale of the tickets VAT exclusive after deduction of the fee into the Czech Republic State
Fund for Support and Development of Cinematography, as the case may be of the applicable local charges, shall be considered.
Cinemas, Film Festivals and other Performances,
and Theatres
2/2
F
III.
Discounts
IV.
Common provisions
1. The author’s fees rates in accordance with article II Part A) point 1 shall be reduced for the
operators that fulfill their duties duly, by 1/11.
1. The amount of the author’s fee mentioned in the invoice shall be mature as a rule within 15
days as from the invoice issue.
In case of non-payment, the interest on late payment shall follow the generally valid regulations unless otherwise agreed in the agreement
2. The author’s fees rates in accordance with article II Part B) shall be reduced for the operators
that fulfill their duties duly, by 15%.
3. As due fulfillment of the duties, the following shall be understood:
a) performance of the musical works with the consent of the authorized rights holders and the fact that at the moment of accepting of the proposal for the licence agreement conclusion – the application - the operator does not have any overdue liabilities
towards OSA and that it has fulfilled the other liabilities of its regularly within the maturity period and in accordance with the Copyright Act,
2. The cases not governed by this or another tariff of OSA (Society for the Protection of the
Rights of Music Authors and Publishers) shall be solved by an agreement.
3. This tariff shall become effective on 1 January 2010.
b) due and timely fulfillment of the duties to notify of the facts decisive for setting of the
fee amount and for determination of the particular musical works used.
4. When concluding the licence agreement, the author’s fee stipulated in accordance with
the above-mentioned principles may be reduced further, upon the operator’s request, in
consideration of the provisions of Section 100 paragraph 6 of Act No. 121/2000 Coll.,
as amended, in particular if the performance of the musical works does not take place when
performing entrepreneurial activity or if granting of the discount is justified e.g. by purpose
or circumstances of the performance of the musical works (e.g. in consideration of the character or purpose of the event being held, economic or commercial benefit, the extent of
performance of the protected works or other objective or provable causes).
5. Application of the discounts
The discounts shall be applied consecutively (every subsequent discount shall be calculated from the amount after the application of the previous discount)
41
Sports Events
I.
Applicability
1/2
II.
Royalties
The pricelist for sports events applies to the calculation of royalties for the license (consent) to perform copyrighted musical works with or without lyrics by means of live music and music played back within sports
events, during sports matches and ties, or the use of
music on premises designed for sports activities
MUSIC PLAYED BACK
Scope of Use
3% of gross income; however,
no less than CZK 4 per visitor
Music is used during the entire sports event as accompaniment (ice-hockey, floorball etc.)
CZK 1.40 per visitor
Music is used to a minimum degree before and after the sports events or during
breaks (football, volleyball, athletics, youth sports programmes etc.)
CZK 0,70 per visitor
Fitness clubs, gyms, rehabilitation centers and other similar sports clubs for individual exercise, with music playing in the background
rate depends on the type of equipment
used – Pricelist R, Section II, table (a)
Public skating and the use of music on premises such as snow parks, skate parks,
ski-tows, cable cars etc.
CZK 14 / day
Aerobics, fitness and other repeated group exercises
LIVE MUSIC
Royalty
Music is used as an integral or major part of the sports event (e.g., ice shows, motor shows, ice-skating, competitive dancing, aerobics competitions, synchronized
swimming etc.)
Aerobics, fitness and other repeated group exercises
- up to 30 visitors
CZK 34 per hour of exercise
- over 30 visitors
CZK 11 per each additional 10 visitors or less,
and per hour of exercise, will be added to
CZK 34
Swimming pools, outdoor baths and similar facilities
rate depends on the type of equipment used –
Pricelist R, Section II, table (a)
Use of live music as support elements in the programme of sports events or within
Pricelists M, V, Section IV(3)(b)
sports matches and ties
Live music is used as an integral or major part of the sports event
42
S
Pricelists M, V, Section II
Sports Events
III.
Definitions
1. Visitor
The term „visitor“ means a visitor of a sports event or match.
If the organizer fails to document the number of visitors of a sports event or match, the calculation of the royalty will be based either on the capacity of the venue, i.e., the maximum
possible number of visitors; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of 1.5 visitor per 1 m2 for open-air events. If
the organizer proves the total number of the event‘s visitors (both paying and free visitors), i.e., the total number of visitors, in a credible manner (i.e., by means of documents
from companies that sell tickets, documents from the accounting books of the organizer,
documents from the municipality that collects admission fees etc.) within 14 days of the
event, the royalty will be calculated on the basis of this number of visitors (Section 100(1)(h)
of Act No. 121/2000 Coll., as amended).
If the organizer proves the amount of its gross income, i.e. the total income from the sold admissions, VAT excl., with the total number of sold admissions stated (i.e., the number of admissions from the highest nominal value until, and including, zero-value admissions) within
14 days of the performance in a credible manner, the subsequent calculation of the royalty
will be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the nominal value of CZK 30 (VAT excl.) and will be added
to the presented gross income before the calculation of the average price of admission.
IV.
Discounts
30%.
of the authorized copyright holders; the delivery of a duly filled in set list of compositions in the case of LIVE performances (i.e., whole titles of compositions, incl. the names of
authors and the names of authors of the lyrics, if any) that truly reflects the reality; the fact
that the operator has no overdue liabilities to OSA when it receives the proposal for the
conclusion of a license agreement – application; and the operator‘s regular fulfillment of
its obligations when due and in compliance with the Copyright Act. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are
missing, the royalty rate will be reduced by 20% only.
2/2
S
2. Discounted License Agreement
The royalty rates under Article II will be reduced by 5% if the operator concludes an annual
license agreement for the use of musical works in more than five establishments, i.e., a central license agreement. This discount will further apply to central agreements concluded by
operators to use the works in more than five sports events, matches or ties held at another
time and venue.
3. In the execution of a license agreement, the royalty set in compliance with the above-mentioned principles may be further reduced on the operator‘s request in light of the provision
of Section 100(6) of Act No. 121/2000 Coll., as amended, including, without limitation, cases
when the musical works are not performed within the conduct of business or other profitable activities, or if the discount is reasoned, for instance, by the purpose or circumstances
of the use of the musical works (e.g., taking into account the nature or purpose of the event,
the economic or business benefit, the scope of the use of the copyrighted works or other
objective and demonstrable reasons).
V.
Joint Provisions
1 July 2009 to 30 June 2010.
on 1 January 2009, except for clause 3 of part V which becomes effective on 1 January
2010.
43
Dance Classes and Dance Schools
1/2
T
I.
Scope of the Tariff
III.
Terms
Tariff T – dancing lessons and dancing schools shall be used for calculation of the author’s fee
for granting the licence (consent) to regular (repeated) performance of musical works with text
or without text, live or recorded by means of technical equipment when teaching dancing
during dancing lessons and in dancing schools.
The author’s fee shall be calculated for every dancing course (in case of dancing lessons) and a
separately fee-based teaching program (in case of dancing schools) using musical works.
Tariff T – dancing lessons and dancing schools shall not apply to cultural and social events
following up with the teaching during the lessons and in dancing schools (i.e. to extended
dancing lessons, dancing parties, balls of the dancing courses, dancing schools’ performances and academies).
The cases not governed by this tariff or another tariff of OSA (Society for the Protection of the
II.
Author’s Fee
The author’s fee for one dancing lesson shall be stipulated as a percentage rate from the basis
for calculation of this fee in accordance with the below-mentioned table. The basis for the
calculation is product of the total number of the course participants and the average
amount of the course fees for 1 dancing lesson.
basis for the calculation of the
author’s fee
author’s fee per lesson in the
range from - to
to CZK 1,000.00
5.5 %
to CZK 55.00
CZK 1,001.00 – CZK 5,000.00
5%
CZK 50.00 – CZK 250.00
CZK 5,001.00 – CZK 15,000.00
4%
CZK 200.00 – CZK 600.00
more than 15,001.00
3.5%
from CZK 525.00 and more
The rate of the author’s fee calculated in this way shall be increased by the VAT in the statutory
basic rate.
44
1. For the purpose of this tariff, as the course of dancing and social education the teaching
program shall be understood focused on acquisition and development of motional activities connected with ballroom dancing in its various forms, in which the musical works are
used as a substantial teaching element
2. As the number of the participants to the course or to the teaching program the number
of persons shall be understood, who have paid the course fees entitling them to participate
in the dancing lessons or who are registered as the participants to the course (in particular
in case of the possibility of free of charge participation in the lessons).
3. As the course fees (VAT exclusive) the fee shall be understood, on the basis of the payment
of which the visitor shall gain the right to participate in the dancing lessons. Different designation of this fee (e.g. school fee, participation fee, club fee, membership fee, etc.) is not
essential. The dancing lessons where no course fees are collected or voluntary or optional
course fees are levied are considered as the lessons with the course fees of CZK 100.00 per
person.
4. The average course fees are calculated from the aggregate of the particular types of the
course fees, which shall be divided by the number of the types of the course fees.
Dance Classes and Dance Schools
2/2
T
III.
Discounts
IV.
Common provisions
1. The rates of the author’s fees shall be reduced in accordance with the number of the inhabitants of the municipality where the lessons are held, namely by:
5% in the municipalities from 20,001 to 150,000 inhabitants
10% in the municipalities from 1,001 to 20,000 inhabitants
15% in the municipalities under 1,000 inhabitants
20% in the municipalities under 500 inhabitants
1. The amount of the author’s fee is mentioned in the agreement while it is valid that
the agreed sum shall be mature, as a rule, within 15 days as from the conclusion of the
agreement (i.e., as a rule, within 30 days as from drawing up of the draft agreement in
writing). In case of conclusion of the agreement for the period of 12 months, it is possible,
upon the operator’s request, to pay the fee also in a form of installments agreed upon in
the agreement. In case of non-payment, the interest on late payment shall follow the
generally valid regulations unless otherwise agreed in the agreement.
2. The author’s fees rates are reduced for the operators that fulfill their duties duly by 30%.
As due fulfillment of the duties the performance of the musical works with the consent of
the authorized rights holders shall be understood, sending of a dully completed repertory list of the compositions in case of LIVE performance of the works (i.e. full names of
the compositions, including mentioning of the authors‘ names and in case of the text, also
the names of the authors of the text) truly reflecting the reality, in addition to that, the fact
that at the moment of accepting of the proposal for the licence agreement conclusion
– the application - the operator does not have any overdue liabilities towards OSA
and that it has fulfilled the other liabilities of its regularly within the maturity period and in
accordance with the Copyright Act. In case the repertory list is incomplete, in particular
the names of the authors/text-writers of the used compositions are missing, the author’s fees rate shall be reduced only by 20%.
3. The rates of the author’s fees in accordance with this tariff may be increased from 1 January
2011 depending on the inflation rate expressed by the increase in the average consumer
price index for the period from 1 July 2009 to 30 June 2010.
4. This tariff, which replaces all the previous issues of this tariff, shall become effective
on 1 January 2009, except for paragraph 3 part IV, which shall become effective on 1
January 2010.
the above-mentioned principles may be reduced further, upon the operator’s request, in
consideration of the provisions of Section 100 paragraph 6 of Act No. 121/2000 Coll.,
as amended, in particular if the performance of the musical works does not take place when
performing entrepreneurial activity or if granting of the discounts is justified e.g. by purpose or circumstances of the performance of the musical works (e.g. in consideration of the
character or purpose of the event being held, economic or commercial benefit, the extent
of performance of the protected works or other objective or provable causes).
The discounts shall be applied consecutively (every subsequent discount shall be calculated from the amount after the application of the previous discount).
45
Background Music at Medical Facilities
1/2
Z
(except Spa Facilities)
I.
Applicability
This Pricelist applies to the calculation of royalties for the license (consent) to perform works
pursuant to Sections 20 and 23 of Act No. 121/2000 Coll., on Copyright, as amended, by means
of audio or audiovisual devices provided that the performance of the works does not have the
nature of a programme and provided that no admission is directly or indirectly collected from
the visitors. Common use is deemed the works‘ use that serves as background music in medical facilities such as medical office waiting rooms, ambulances, corridors, lounges and
other premises or medical facilities, save for rooms where healthcare is directly provided.
The royalties under this Pricelist are royalties for the provision of the license to perform musical
works with or without words. If OSA grants a license to perform works by means of audiovisual equipment capable of receiving television broadcasts, the royalties include the royalties for the provision of the license to perform works of authors whose economic copyrights are
managed by the following collective managers: DILIA – divadelní, literární, audiovizuální agentura o.s., and Ochranná organizace autorská – Sdružení autorů děl výtvarného umění, architektury a obrazové složky audiovizuálních děl o.s. (OOA-S), i.e., authors of literary, dramatic, theatrical musical works, choreographic, pantomimic, audiovisual works, visual components of audiovisual works, such as the works of cameramen, scene designers, costume designers, editors,
authors of scenic music created especially for use in dramatic, choreographic and pantomimic
works, and authors of works of dubbing directors, under an agreement concluded with DILIA
and OOA-S on the representation in the exercise of the collectively managed right to perform
television broadcasts of works. The total royalties collected for such equipment will be distributed among DILIA (35.11%) and OOA-S (17.55%). The share of OSA amounts to 47.34%.
46
II.
Royalties
Type of the device used to play works in the premises/**
Monthly royalty
Audio device (i.e., radio receiver, CD player …)
CZK 180
Audiovisual device ( i.e., DVD player)
CZK 170
TV set
CZK 370
/** The royalty includes all speakers or monitors (if any) without which the works could not be
publicly performed and which are not used for other purposes of the works‘ use
Background Music at Medical Facilities
2/2
Z
(except Spa Facilities)
III.
Discounts
IV.
Společná ustanovení
30%.
of the authorized copyright holders; the fact that the operator has no overdue liabilities
to OSA when it receives the proposal for the conclusion of a license agreement – application; and the operator‘s regular fulfillment of its obligations when due and in compliance with the Copyright Act. The operator shall deliver a duly filled-in set list (i.e., a list that
specifies the full titles of performed compositions, incl. the names of the authors of the music and, a the case may be, the names of the authors of the words) to OSA when requested;
the list must truly reflect the reality. If the set list is incomplete, in particular if the names of
the authors/lyricists of the used compositions are missing, the royalty rate will be reduced
by 20% only.
1.
The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally
in the agreement.
2.
Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement.
3.
The royalty rates as listed herein may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from
1 July 2009 to 30 June 2010.
4.
This list of rates, which supersedes all the previous versions hereof, becomes effective on 1 January 2009, except for clause 3 of part IV which becomes effective on 1 January 2010.
2. If the use of the works in the medical office waiting rooms, ambulances or similar premises
is restricted to the opening hours of the medical facility (i.e., the hours of attendance)
the royalty rates will be reduced by 20%.
47
Circus Performances
I.
Scope of the Tariff
The Tariff for the circuses shall be applied for calculation of the author’s fee for granting the
licence (consent) to performance of protected musical works with text or without text when
using live or recorded music during circus performances. As the circus, a permanent or mobile
purpose facility (permanent circus, marquee, tent) shall be understood, in which the performances are performed composed of the performances in the basic circus disciplines, which are e.g.
animal training, artistes’ performances, equilibristics, buffoonery and other similar disciplines.
II.
Author’s Fee
capacity of the auditorium / number of persons
author’s fee for one performance
up to 300 persons
CZK 162
up to 500 persons
CZK 325
up to 800 persons
CZK 487
over 800 persons
CZK 649
The mentioned rates of the author’s fee shall be increased by the VAT in the statutory basic rate.
III.
Terms
1/1
C
and in case of the text, also the names of the authors of the text) truly reflecting the reality,
in addition to that, the fact that at the moment of accepting of the proposal for the licence
agreement conclusion – the application - the operator does not have any overdue liabilities
towards OSA and that it has fulfilled the other liabilities of its regularly within the maturity
period and in accordance with the Copyright Act. In case the repertory list is incomplete, in particular the names of the authors/text-writers of the used compositions are
missing, the author’s fees rate shall be reduced only by 20%.
2. Licence agreement with a discount
The rates of the author’s fees shall be reduced by 50% in case the operator concludes oneyear licence agreement for performance of the musical works during circus performances
and it fulfils its duties duly.
the above-mentioned principles may be reduced further, upon the operator’s request,
in consideration of the provisions of Section 100 paragraph 6 of Act 121/2000
Coll., as amended, in particular if granting of the discounts is justified e.g. by purpose
or circumstances of the performance of the musical works (e.g. in consideration of the
character or purpose of the event being held, the extent of performance of the protected works or other objective or provable causes).
The discounts shall be applied consecutively (every subsequent discount shall be calculated from the amount after the application of the previous discount).
Capacity of the auditorium - number of persons
If the organizer fails to prove the number of the visitors to the performance, the guidance for
the author’s fee calculation shall be the space, i.e. the highest possible number of the visitors, to
whom the work shall be communicated, however at least the capacity mentioned in the Approval of the Building for Use or 1.5 person per 1m2 in case of musical performances held in openair space. In case the organizer proves the total number of visitors to the performance reliably
after an event held (both of the payers and non-payers), i.e. the total number of persons the
works have been communicated to, the author’s fee calculation shall be carried out on the basis
of this number of visitors (Section 100 paragraph 1 h) of Act No. 121/2000 Coll. as amended).
V.
Common provisions
IV.
Discounts
1. The author’s fees rates shall be reduced for the operators that fulfill their duties duly, by
30%. As due fulfillment of the duties the performance of the musical works with the
consent of the authorized rights holders shall be understood, in case of live performance of the musical works, sending of a dully completed repertory list (i.e. mentioning
of full names of the performed compositions, including mentioning of the authors‘ names
3. The rates of the author’s fees in accordance with this tariff may be increased from 1 January
2011 depending on the inflation rate expressed by the increase in the average consumer
price index for the period from 1 July 2009 to 30 June 2010.
48
1. The amount of the author’s fee is mentioned in the agreement while it is valid that the
agreed sum shall be mature, as a rule, within 15 days as from the conclusion of the agreement (i.e., as a rule, within 30 days as from drawing up of the draft agreement in writing).
In case of conclusion of the agreement for the period of 12 months, it is possible,
upon the operator’s request, to pay the fee also in a form of installments agreed upon
in the agreement. In case of non-payment, the interest on late payment shall follow the
generally valid regulations unless otherwise agreed in the agreement.
4. This tariff, which replaces all the previous issues of this tariff, shall become effective
on 1 January 2009, except for paragraph 3 part IV, which shall become effective on 1
January 2010.
TV/Radio Broadcasting and Retransmissions
1/2
1)
Television broadcasts
-
a) Operators of nation-wide (analogue or digital) television broadcasts; operators of local regional television broadcasts; operators of satellite broadcasts, and operators of
television broadcasts via cable networks
-
The royalties are expressed as a percentage share in gross income; the specific percentage depends on the scope of use of the OSA Repertory in the broadcast.
Scope of useof OSA Repertory
Royaltiesas share in broadcaster's gross income
0 - 20 %
0.775 %
21 - 40 %
2.364 %
41 - 65 %
4.108 %
66 - 85 %
5.851 %
86 - 100 %
7.208 %
income related to the operation of websites, i.e., sponsored links, various types of banners (e.g., buttons, sky scrapers, pop-ups, streamspots, advertising messages displayed
before the requested webpage opens etc.), sponsored web pages etc.;
and, as the case may be, other forms of income generated in relation to TV broadcast
operations.
The negotiations of the specific contractual terms and conditions arranged with the individual
broadcasters will reflect the time of the broadcast and the manner in which the OSA Repertory
is used in the broadcast. Collective agreements with broadcasters contain minimum annual
royalties guaranteed by the broadcaster, expressed in a fixed amount that equals the royalty set
forth for the broadcasters by the license agreement valid in the previous year. If a broadcaster
concludes its first agreement with OSA, the annual minimum royalty will be arranged by the
parties in line with the estimated gross income of the broadcaster.
The minimum monthly royalty will be determined in line with the following table on the basis
of the number of households and/or connections to which the broadcast is transmitted.
Share of music in broadcast
The income that forms the basis for the calculation of the payments under the previous paragraph comprises the following:
a) any and all income immediately related to the TV broadcasting operation, including income
where non-monetary performance is rendered as the counter-value (“barter deals”), obtained, in particular, in relation to the broadcasts of advertisements, advertising information
and sponsor messages, and broadcasting time lease, incl. income generated by the production of advertising spots hereunder etc.
b) subscriptions / subscription cards;
c) in addition, any and all income that is not directly related to the sales of advertising time but
is generated in relation to the TV broadcast operation, i.e.
- gifts, donations and subsidies by other entities;
- contributions by sponsors (e.g., sponsored programmes, sponsored episodes, “product
placement”, sponsor message interruptions);
- income from text messages, MMS messages and other phone services (e.g., competition voting etc.);
- barter deals, incl. audience prizes and giveaways;
I.
Minimum monthly royalty
Up to 20 % (news programme)
CZK 0.14
21 – 70 % (general programme)
CZK 0.28
71 – 100 % (music programme)
CZK 0.40
The minimum royalty applicable to terrestrial and satellite broadcasters will be determined
according to the number of households in the relevant region; this calculation will be based
on the number of inhabitants in the relevant region and the assumption that a household
consists of 3 inhabitants. The above-mentioned royalties are based on non-stop broadcasts.
The minimum monthly royalty amounts to CZK 1,500 for three-hour terrestrial local or regional
broadcasts.
b) Operators of information videotext programming channel broadcasts
If the broadcast is supplemented with an unaltered radio station broadcast as background sound for text-based information, or if another TV programme is broadcasted in an inset window,
the minimum monthly royalty amounts to CZK 0.18 per connection.
49
TV/Radio Broadcasting and Retransmissions
2/2
I.
2)
Radio broadcasts
3)
Radio and television broadcast transmission operators
Broadcasters – Radio stations (analogue and digital, terrestrial or satellite transmissions)
The royalty amounts to 5% of any and all gross income immediately related to the radio broadcast operation, with a minimum non-refundable advance payment of this royalty set forth.
The royalty applicable to use before the end of 2018 will consist of a fixed royalty per connection and month in line with the following mechanism:
The income that forms the basis for the calculation of the payments under the previous paragraph comprises the following:
a) any and all income immediately related to the radio broadcasting operation, including income where non-monetary performance is rendered as the counter-value (“barter deals”),
obtained, in particular, in relation to the broadcasts of advertisements, advertising information and sponsor messages, and broadcasting time lease, incl. income generated by the
production of advertising spots hereunder etc.
b) in addition, any and all income that is not directly related to the sales of advertising time but
is generated in relation to the radio broadcast operation, i.e.
- contributions by sponsors (e.g., sponsored programmes, sponsored episodes, “product
placement”, sponsor message interruptions);
- income from text messages, MMS messages and other phone services (e.g., competition voting etc.);
- barter deals, incl. audience prizes and giveaways;
- income related to the operation of websites, i.e., sponsored links, various types of banners (e.g., buttons, sky scrapers, pop-ups, streamspots, advertising messages displayed
before the requested webpage opens etc.), sponsored web pages etc.;
- and, as the case may be, other forms of income generated in relation to radio broadcast
operations.
-
CZK 3.01
CZK 3.39
CZK 3.81
CZK 4.29
CZK 4.83
CZK 5.43
CZK 6.11
for the period from 1 January to 31 December 2009,
for the period from 1 January to 31 December 2015.
From 2016-2018, the royalties will always raise the inflation for the previous calendar year, provided by the Czech Statistical Office.
Broadcasters whose broadcasts focus predominantly on spoken word or on music that does
not fall into the OSA Repertory will pay a fixed royalty or a royalty that corresponds to a lower
percentage of their gross income, in line with the scope of use of the OSA Repertory.
Note:
All the above-mentioned royalty rates are quoted excluding VAT. VAT will be added to the royalties in
its statutory rate (currently of 20%) under the applicable laws.
50
Online, Mobile and other Similar Services
1)
Broadcasts
a) Simultcasting
i) real-time, full, unchanged radio or TV broadcast transmitted by the broadcaster of the
original broadcast. The royalty payable by broadcasters bound by a contract with OSA
varies between CZK 9,000 and CZK 12,000 per calendar year in line with the scope of the
use of the OSA Repertory.
ii) Full, unchanged radio or TV broadcast transmitted by a person or entity other than the
original broadcaster. The royalty per one calendar month amounts to CZK 2,500; if the
number of unique visitors (UIP addresses) exceeds 25,000 in one calendar month, the
royalty will rise by the same percent by which the limit was exceeded.
b) Original webcasting (radio)
The royalty amounts to 5% of any and all gross income immediately related to the internet
radio operation, with a minimum non-refundable advance payment of this royalty set in
compliance with the table below. The income that forms the basis for the calculation of the
payments under the previous paragraph comprises the following:
a) any and all income immediately related to the radio broadcasting operation, including
income where non-monetary performance is rendered as the counter-value (“barter
deals”), obtained, in particular, in relation to the broadcasts of advertisements, advertising information and sponsor messages, and broadcasting time lease, incl. income
generated by the production of advertising spots hereunder etc.,
b) in addition, any and all income that is not directly related to the sales of advertising time
but is generated in relation to the radio broadcast operation, i.e
- contributions by sponsors (e.g., sponsored programmes, sponsored episodes, “product placement”, sponsor message interruptions)
- income from text messages, MMS messages and other phone services (e.g., competition voting etc.)
- barter deals, incl. listener prizes and giveaways
- income related to simulcasting via the Internet, i.e., sponsored links, various types
of banners (e.g., buttons, sky scrapers, pop-ups, streamspots, advertising messages
displayed before the requested webpage opens etc.), sponsored web pages etc.
- and, as the case may be, other forms of income generated in relation to radio broadcast operations.
1/4
II.
Minimum royalty:
Share of music in
daily broadcast
Maximum number of simultaneous listeners
(from all radio servers)
Royalty
A*
B
C
D
E
F
G**
50
125
250
500
501 +
501 +
Minimum monthly royalty (in CZK)
Up to 4 hours
5%
200
250
500
750
1,000
1,250
180
4 hours to 12 hours
5%
400
500
1,000
1,500
2,000
2,500
300
12 hours to 24 hours
5%
800
1,000
2,000
3,000
4,000
5,000
600
* applicable to non-commercial broadcasts only
** applicable to broadcasts of more stations under a single label
c) Original webcasting (television)
Broadcasts of original TV programming via the Internet. The royalty amounts to a specific
percentage share in any and all gross income immediately related to the TV broadcast operation, with a minimum non-refundable advance payment of this royalty set forth.
The income that forms the basis for the calculation of the payments under the previous
paragraph comprises the following:
Scope of use of the OSA
Repertory
Royalty as share
in broadcaster's gross income
Minimum monthly royalty
0 - 20 %
0.775 %
CZK 1,400
21 - 40 %
2.364 %
CZK 2,425
41 - 65 %
4.108 %
CZK 3,450
66 - 85 %
5.851 %
CZK 4,475
86 - 100 %
7.208 %
CZK 5,500
a) any and all income immediately related to the TV broadcasting operation, including
income where non-monetary performance is rendered as the counter-value (“barter
deals”), obtained, in particular, in relation to the broadcasts of advertisements, advertising information and sponsor messages, and broadcasting time lease, incl. income
generated by the production of advertising spots hereunder etc.,
51
b) in addition, any and all income that is not directly related to the sales of advertising time
but is generated in relation to the TV broadcast operation, i.e.
- contributions by sponsors (e.g., sponsored programmes, sponsored episodes,
“product placement”, sponsor message interruptions)
- income from text messages, MMS messages and other phone services
(e.g., competition voting etc.)
- barter deals, incl. audience prizes and giveaways
- income related to simulcasting via the Internet, i.e., sponsored links, various types
of banners (e.g., buttons, sky scrapers, pop-ups, streamspots, advertising messages
displayed before the requested webpage opens etc.), sponsored web pages etc.
- and, as the case may be, other forms of income generated in relation to TV broadcast
operations.
52
ii. With the opportunity to make a permanent copy (download)
Share of music
in audiovisual
work
Royalty
as share
in end
consumer
price
Total time of audiovisual work in minutes („m = minutes“,
„s = seconds“)/ minimum royalty
Up to
10m 00s
10m
01s - 30m 00s
30m
01s - 60m 00s
60m 01s +
Up to 20%
2%
CZK 0.50
CZK 0.75
CZK 1.50
CZK 3.00
21 – 70%
5%
CZK 1.00
CZK 1.50
CZK 3.00
CZK 6.00
71 – 100%
8%
CZK 2.00
CZK 3.00
CZK 6.00
CZK 12.00
i.
a) Provision of access to public after the customer pays (On Demand services etc.)
The amount of the royalty varies from 2% to 8% of the end price (in line with the scope of
use of the works from the OSA Repertory) paid by the customer for access to the work/body,
with a minimum royalty per disclosure of a single work/body that contains works from the
OSA Repertory set forth (the minimum royalty is determined in line with the scope of the
OSA Repertory use on the basis of the mechanism specified below).
CZK 2 per work downloaded in its entirety;
ii. CZK 1.20 per work downloaded in its entirety with its end price set
at CZK 15 and less;
iii. CZK 17 per commercially released album downloaded in its entirety;
iv. CZK 10 per commercially released album downloaded in its entirety
with its end price set at CZK 150 and less;
v. CZK 4.80 per commercially released album downloaded in its entirety
with its end price set at CZK 100 and less;
Without the opportunity to make a permanent copy (streaming only)
Royalty
as share
in end
consumer
price
Up to
10m 00s
10m
01s - 30m 00s
30m
01s - 60m 00s
60m 01s +
Up to 20 %
2%
CZK 0.10
CZK 0.15
CZK 0.30
CZK 0.60
21 – 70 %
5%
CZK 0.20
CZK 0.30
CZK 0.60
CZK 1.20
71 – 100 %
8%
CZK 0.40
CZK 0.60
CZK 1.20
CZK 2.40
Share of music
in audiovisual
work
II.
b) Downloads of audio copies of works from the OSA Repertory (downloading) to computer memory or other devices
The royalty amounts to 8% of the end consumer price, however, no less than:
2)
Providing access to recordings of entire works
or parts thereof via the Internet and similar networks
i.
2/4
Total time of audiovisual work in minutes
(„m = minutes“, „s = seconds“)/ minimum royalty
vi. CZK 3 per download of a “single”
(commercially released album containing no more than 3 tracks).
c) Podcasting
The use of musical works on the Internet in the form of “podcasts” with the opportunity
to make a permanent copy. The minimum royalty is expressed for each commenced 30
minutes of a podcast.
Share of music in podcast
Royalty as share
in end consumer price
Minimum royalty
Up to 20 %
2%
CZK 0.10
21 – 70 %
5%
CZK 0.20
71 – 100 %
8%
CZK 2.00
3/4
II.
h) Transmissions of live performances or events (e.g., concerts or DJ shows) - real-time,
full and unchanged
The royalty amounts to 8% of the price charged for accessing the transmission, however, no
less than CZK 100 for each commenced hour of the transmission and for each 1,000 unique
visits in the given hour.
i)
Use of the OSA Repertory as background audio for private, commercial and non-commercial sites or parts thereof distributed via the Internet and other similar networks
Works from the OSA Repertory complement the graphical elements of the page; the individual elements do not form an audiovisual work when put together; the playback start and
end are independent of the will of the page visitor
d) Provision of access to audio or audiovisual works from the OSA Repertory that is not
subject to payment by the website visitor to the website operator
The monthly royalty for this license amounts to CZK 300 for each commenced 10 minutes
of the total time of all music recordings made available in the given month.
ii. Commercial pages – corporate sites and sites of businessmen – natural persons
The monthly royalty amounts to CZK 250 per work, provided that the number of visiting IP addresses does not exceed 10,000 in a month. The royalty is increased by additional CZK 250 per each additional, complete or incomplete, 10,000 visits.
e) Provision of access on music magazine pages, in cultural sections and other music
review sites
Solely if related to a review, CZK 200 monthly per each commenced 30 minutes of the total
time of all the sound recordings made available in the given month.
iii. Private pages of individuals (natural persons); Pages by non-commercial entities
The annual royalty amounts to CZK 750 per each musical work used on one webpage.
f) Websites of the author, publisher
Websites of persons who hold copyrights (authors, publishers, heirs) represented by OSA
that make available, free of charge, works protected by copyrights held by the relevant persons, are not required to pay royalties if the works are made available in order to support
subsequent sales of licenses for other types of use (concerts, CD sales, music library offers...),
if they are streamed only, i.e., without the opportunity to make a permanent copy thereof,
and if they are disclosed by the website‘s operator free of charge.
g) Subscription-based use of works from the OSA Repertory
i.
Platform – download, i.e., obtaining a copy of a musical work from the OSA Repertory
that is due to expire
Royalty amounts to 8% of the end consumer price, however, no less than CZK 10 per
subscribing customer.
ii. Platform – stream
Royalty amounts to 8% of the end consumer price, however, no less than CZK 7 per
subscribing customer
3)
Provision of access to recordings of entire works
or parts thereof through mobile and other networks
a) Download of / access to audio copies of works from the OSA Repertory
as ringtones (RingBack tones) for mobile phones
i.
Royalty for mono- and polyphonic ringtones – 12% of the end consumer price, but no
less than CZK 2 per download or activation of a single ringtone.
ii. Royalty for “real tones” – 9% of the end consumer price, but no less than CZK 2 per
download or activation of a single “real tone”.
iii. Royalty for “full tracks” – 10% of the end consumer price, but no less than CZK 2 per
download of a single “full track”.
iv. Royalty for each activation (or download) of “RingBack tones” – 9% of the amount paid
by the individual customer, VAT excluded, for each activation (or download) of a RingBack tone, but no less than CZK 2 per activation (or download) of a single RingBack
tone.
53
The royalty for providing access to ringtones through websites amounts to a fixed monthly
amount of CZK 1,000 for each commenced 30 minutes of the total time of all the ringtones
disclosed in the given month.
b) Downloading works from the OSA Repertory as part of other works (audiovisual
works or other audiovisual or audio recordings or live feeds from various cultural
events; hereinafter the “AVW”) through mobile networks (the duration of these audiovisual works is capped at 10 minutes)
The royalty is calculated as a specific percentage of the end consumer price, while a minimum royalty is set in line with the scope of the musical element per a single (temporary or
permanent) AVW download.
i.
Royalty for AVWs with musical elements not exceeding 20% thereof:
2% of the end consumer price, but no less than CZK 0.40 per download.
ii. Royalty for AVWs with musical elements forming 20% to 70% thereof:
5% of the end consumer price, but no less than CZK 0.60 per download.
iii. Royalty for AVWs with musical elements exceeding 70% thereof:
8% of the end consumer price, but no less than CZK 2 per download.
Note:
All the above-mentioned royalty rates are quoted excluding VAT. VAT will be added to the royalties in its
statutory rate (currently of 20%) under the applicable laws.
54
4/4
II.
Audio and Audiovisual Products
1/7
III.
and other Media
General Provisions
Every user of a protected musical work is obliged to obtain a license (consent) to use the
work from the license holder in advance and to pay royalties for the use of the works under
Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to
Certain Acts (the Copyright Act).
Czech and foreign authors of musical works with or without words and other copyright holders are represented by OSA – Ochranný svaz autorský pro práva k dílům hudebním, o.s.
(„OSA“) in terms of the provision of licenses and collection of royalties, under the following
documents:
a) the Copyright Act, as amended;
b) the authority to exercise collective management of economic copyrights of authors
and other copyright holders, granted by the Ministry of Culture of the Czech Republic;
c) agreements on representation of economic copyrights, concluded with authors of musical works with or without words and with other copyright holders specified in Section
95 of the Copyright Act;
d) reciprocal agreements with foreign collective rights-management societies on mutual
representation and protection of copyrights held by foreign authors of musical works
with or without words;
The user must apply for OSA‘s license prior to the work‘s use by filing an application on the
basis whereof a license agreement is concluded. The amount of the royalty payable for the
use of the work is arranged by and between OSA and the users under this pricelist, approved
by the Board of Directors of OSA upon consultations with the OSA Supervisory Board. Should
relevant facts on the part of the user change, an amendment to the license agreement may be
arranged with OSA that will reflect these changes, unless stipulated otherwise below.
cessary for the exercise of collective management, and shall allow OSA to audit whether the
agreements concluded with OSA are fulfilled duly and on time (usually by means of OSA business representatives – auditors).
III.
Reproduction and Distribution of Copies of Audio and Audiovisual Carriers
Audio Carriers
A.
Single-title license agreements – carriers designed for sale
1. Single-title license agreements generally apply to the releases of a single title.
2. The license includes the consent to use the OSA Repertory in the production and distribution of audio carriers by means of sales to the public, applicable to the entire produced
edition stipulated in the agreement. The royalty for the license granted is paid for the entire
produced edition.
3. The royalty amounts to 10% of the average first sales price.
4. Average first sales prices (PPPC) for the individual types of carriers:
Carrier
CD
PPPC
CZK 100
Carrier
PPPC
EP (45 rev., 17 cm)
CZK 40
CD single
CZK 52
Maxi-single (45 rev.)
CZK 57
CD maxi-single
CZK 57
EP (33 rev., 17 cm)
CZK 48
If a user of musical works with or without words fails to obtain a license for the use in advance
and uses the work anyway, without duly negotiation the conclusion of a license agreement
with OSA, this behavior constitutes unlawful use of copyrighted works. Under the Copyright
Act (Section 40(4)), this use without a license gives rise to a claim of the copyright holder (represented by OSA) for the surrender of unjust enrichment gained by whoever used the work
unlawfully; the claim amounts to the double of the common royalty.
MC
CZK 69
mini LP (33 rev., 25 cm)
CZK 60
MC single
CZK 38
LP (33 rev., 30 cm)
CZK 80
MC maxi-single
CZK 57
MD, DCC
CZK 100
mini MC
CZK 68
DVD audio
CZK 100
MC double
CZK 100
SuperAudio CD
CZK 100
Other persons that are obliged to pay special remunerations under the Copyright Act (Section
96(1)(a)(3)), as collected by OSA as the collective rights-management society exercising collective management, shall pay the royalties to OSA under the Copyright Act, Decree No. 488/ 2006
Coll., and this Pricelist.
SP (45 rev., 17 cm)
CZK 38
Under the Copyright Act (Section 100(4)), the users of musical works with or without words,
and the persons obliged to pay special remunerations, shall provide OSA with information ne-
5. If an audio carrier is re-released no sooner than upon the elapse of 1 year of the original release (the original release is deemed the release on any carrier) – „new release“ – and if the
price of the carrier‘s new release is reduced by no less than 50% compared to the original
release, and if the carrier contains a newly compiled set of previously released works and is
55
2/7
III.
and other Media
sold at prices reduced by no less than 50% compared to the original releases, the average
first sales price is reduced to 55% of the above-mentioned price.
6. If carriers that are designed for both sales and distribution as giveaway and bonus carriers
are released, a „combined agreement“ may be concluded thereon.
6. If an audio carrier is re-released no sooner than upon the elapse of 1 year of the original release (the original release is deemed the release on any carrier) – „new release“ – and if the
carrier contains a newly compiled set of previously released works, the minimum royalty
will drop to 55% of the above-mentioned royalty.
7. The minimum royalty per one carrier drops in line with the volume of the produced carriers
as follows:
7. Minimum invoice royalties per license granted is 150,-CZK without VAT.
B.
Single-title license agreement – giveaway and bonus carriers
% Min.
royalty
Min.
royalty
per 1 CD
Number
of produced carriers
Up to 499
100%
CZK 9.20
500 - 999
80%
CZK 7.36
1,000 - 1,999
70%
Number
of produced carriers
1. Giveaway and bonus carriers are deemed carriers produced for free-of-charge distribution
in order to promote another product, service or person, and carriers designed for distribution outside the regular sales network (carriers as separable and integral part of periodicals).
If the carriers are designed for free-of-charge distribution only, they must be marked as „not
for sale“ with an irremovable label.
% Min.
royalty
Min.
royalty
per 1 CD
100,000 - 199,999
25%
CZK 2.30
200,000 - 399,999
20%
CZK 1.84
CZK 6.44
400,000 - 699,999
15%
CZK 1.38
2,000 - 4,999
60%
CZK 5.52
700,000 - 999,999
10%
CZK 0.92
5,000 - 9,999
50%
CZK 4.60
1,000,000 - 1,999,999
8%
CZK 0.74
3. The license includes the consent to use the OSA Repertory in the production and distribution of audio carriers to the public, applicable to the entire produced edition stipulated in
the agreement. The royalty for the license granted is paid for the entire produced edition.
10,000 - 19,999
40%
CZK 3.68
2,000,000 - 2,999,999
6%
CZK 0.55
20,000 - 49,999
35%
CZK 3.22
3,000,000 and more
5%
CZK 0.46
50,000 - 99,999
30%
CZK 2.76
4. The royalties applicable to giveaway and bonus carriers are derived from the minimum
royalty.
5. The minimum royalties applicable to various types of carriers are as follows:
Carrier
CD
Min. royalty
CZK 9.20
Carrier
EP (45 rev., 17 cm)
Min. royalty
CZK 3.70
CD single
CZK 4.80
CZK 5.20
CD maxi-single
CZK 5.20
EP (33 rev., 17 cm)
CZK 4.40
MC
CZK 6.30
CZK 5.50
MC single
CZK 3.50
LP (33 rev., 30 cm)
CZK 7.30
MC maxi-single
CZK 5.20
MD, DCC
CZK 9.20
mini MC
CZK 6.20
DVD audio
CZK 9.20
MC double
CZK 9.20
SuperAudio CD
CZK 9.20
SP (45 rev., 17 cm)
CZK 3.50
56
C.
Annual collective license agreement
1. The license includes the consent to use the OSA Repertory in the production and distribution of audio carriers by means of sales to the public and to free-of-charge distribution for
all carriers of the producer duly notified to OSA. The royalty for the provision of the license
is paid for the sold or freely distributed carriers for the relevant calendar half-year.
2. The royalty amounts to 9.009% of the producer‘s average first sales price (PPD).
If the royalty is lower than the minimum royalty, the minimum royalty will apply:
3/7
III.
and other Media
Carrier
Min. royalty
Carrier
Min. royalty
CD
CZK 9.20
EP (45 rev., 17 cm)
CD single
CZK 4.80
CZK 5.20
CD maxi-single
CZK 5.20
EP (33 rev., 17 cm)
CZK 4.40
MC
CZK 6.30
CZK 5.50
MC single
CZK 3.50
LP (33 rev., 30 cm)
CZK 7.30
MC maxi-single
CZK 5.20
MD, DCC
CZK 9.20
mini MC
CZK 6.20
DVD audio
CZK 9.20
MC double
CZK 9.20
SuperAudio CD
CZK 9.20
SP (45 rev., 17 cm)
CZK 3.50
Carrier time
Works on
carrier
Carrier
Carrier time
Works on
carrier
CD
up to
80 minutes
20 works
EP
(45 rev., 17 cm)
up to
16 minutes
4 works
CD single
up to
12 minutes
2 works
Maxi-single
(45 rev.)
up to
16 minutes
4 works
CD maxi-single
up to
23 minutes
5 works
EP
(33 rev., 17 cm)
up to
20 minutes
6 works
MC
up to
60 minutes
16 works
mini LP
(33 rev., 25 cm)
up to
30 minutes
10 works
MC single
up to
8 minutes
2 works
LP
(33 rev., 30 cm)
up to
60 minutes
16 works
MC maxi-single
up to
16 minutes
4 works
MD, DCC
up to
80 minutes
20 works
mini MC
up to
30 minutes
10 works
DVD audio
up to
80 minutes
20 works
MC double
up to
120 minutes
32 works
SuperAudio CD
up to
80 minutes
20 works
up to
8 minutes
2 works
Carrier
CZK 3.70
The annual collective license agreement contains other detailed provisions on royalties and
on the conditions governing the production and distribution of carriers.
3. The producer‘s title to conclude the annual collective license agreement comes into existence if the producer paid royalties in the previous calendar year for the use of the OSA
Repertory within the production and distribution of no less than 5 different audio carriers
released by the producer.
Joint Provisions
SP
(45 rev., 17 cm)
1. The share of the royalty to OSA corresponds to the duration of the tracks in the OSA Repertory pro rata the total time of the carrier (the pro rata temporis principle).
For calculations purposes, works shorter than 2 minutes will be deemed to constitute one half
of a work.
2. If works are used as background music behind spoken word, the resulting work is deemed
to constitute one half of a work for the calculation of the royalty.
If the producer uses more works on an audio carrier or if the total time of the audio carrier
exceeds the times stipulated above by more than 60 seconds, the amount of the royalty will be
increased in proportion to the number of works or time in excess of the above limits.
3. If more carriers are sold within a package, the calculation of the royalty for the second and
each subsequent carrier within the single package will be based on a 60% royalty. This calculation will apply if the entire package is distributed as an inseparable unit. This provision
may not be combined with the giveaway and bonus carriers sales regime.
4. The number of musical works from the OSA Repertory that may be contained on a single
audio carrier subject to the royalties pursuant to the preceding provisions is as follows:
57
4/7
III.
and other Media
Musical Audiovisual Carriers
Musical audiovisual carriers are deemed carriers with the audiovisual recording of a concert,
music festival, music videos etc.
A.
2. The license includes the consent to use the OSA Repertory in the production and distribution of musical audiovisual carriers by means of sales to the public, applicable to the entire
produced edition stipulated in the agreement. The royalty for the license granted is paid for
the entire produced edition.
3. The royalty amounts to 6.5% of the average first sales price.
Carrier
PPPC
Carrier
PPPC
B.
3. The license includes the consent to use the OSA Repertory in the production and distribution of musical audiovisual carriers by means of sales to the public, applicable to the entire
royalty.
DVD 70 min and longer
CZK 140
VHS 70 min and longer
CZK 110
DVD up to 70 min
CZK 117
VHS up to 70 min
CZK 92
Carrier
DVD up to 50 min
CZK 94
VHS up to 50 min
CZK 73
CZK 6.00
CZK 6.00
DVD up to 30 min
CZK 70
VHS up to 30 min
CZK 55
DVD up to 70 min
CZK 5.00
VHS up to 70 min
CZK 5.00
DVD up to 50 min
CZK 4.00
VHS up to 50 min
CZK 4.00
DVD up to 30 min
CZK 3.00
VHS up to 30 min
CZK 3.00
5. If a musical audiovisual carrier is re-released no sooner than upon the elapse of 1 year of the
original release (the original release is deemed the release on any carrier) – „new release“
– and if the price of the carrier‘s new release is reduced by no less than 50% compared to
its original release, and if the carrier contains a newly compiled set of previously released
works and is sold at prices reduced by no less than 50% compared to the original releases,
the average first sales price is reduced to 55% of the above-mentioned price.
58
Min. royalty
Carrier
Min. royalty
6. If a musical audiovisual carrier is re-released no sooner than upon the elapse of 1 year of the
original release (the original release is deemed the release on any carrier) – „new release“ –
and if the carrier contains a newly compiled set of previously released works, the minimum
royalty will drop to 55% of the above-mentioned royalty.
5/7
III.
and other Media
as follows:
Number of produced carriers
% Min. royalty
Minimum royalty per 1 carrier
Carrier
Min. royalty
Carrier
Min. royalty
CZK 6.00
CZK 6.00
DVD up to 70 min
CZK 5.00
VHS up to 70 min
CZK 5.00
up to 499
100%
CZK 6.00
CZK 5.00
CZK 4.00
CZK 3.00
DVD up to 50 min
CZK 4.00
VHS up to 50 min
CZK 4.00
500 - 999
80%
CZK 4.80
CZK 4.00
CZK 3.20
CZK 2.40
DVD up to 30 min
CZK 3.00
VHS up to 30 min
CZK 3.00
1,000 - 1,999
70%
CZK 4.20
CZK 3.50
CZK 2.80
CZK 2.10
2,000 - 4,999
60%
CZK 3.60
CZK 3.00
CZK 2.40
CZK 1.80
5,000 - 9,999
50%
CZK 3.00
CZK 2.50
CZK 2.00
CZK 1.50
10,000 - 19,999
40%
CZK 2.40
CZK 2.00
CZK 1.60
CZK 1.20
20,000 - 49,999
35%
CZK 2.10
CZK 1.75
CZK 1.40
CZK 1.05
50,000 - 99,999
30%
CZK 1.80
CZK 1.50
CZK 1.20
CZK 0.90
100,000 - 199,999
25%
CZK 1.50
CZK 1.25
CZK 1.00
CZK 0.75
200,000 - 399,999
20%
CZK 1.20
CZK 1.00
CZK 0.80
CZK 0.60
Joint Provisions
400,000 - 699,999
15%
CZK 0.90
CZK 0.75
CZK 0.60
CZK 0.45
700,000 - 999,999
10%
CZK 0.60
CZK 0.50
CZK 0.40
CZK 0.30
1,000,000 - 1,999,999
8%
CZK 0.48
CZK 0.40
CZK 0.32
CZK 0.24
2,000,000 - 2,999,999
6%
CZK 0.36
CZK 0.30
CZK 0.24
CZK 0.18
3,000,000 and more
5%
CZK 0.30
CZK 0.25
CZK 0.20
CZK 0.15
C.
4. The license includes the consent to use the OSA Repertory in the production and distribution of music audiovisual carriers by means of sales to the public and to free-of-charge
distribution for all carriers of the producer duly notified to OSA. The royalty for the provision
of the license is paid for the sold or freely distributed carriers for the relevant calendar halfyear.
5. The royalty amounts to 6.5% of the producer‘s average first sales price (PPD).
6. The producer‘s title to conclude the annual collective license agreement comes into existence if the producer paid royalties in the previous calendar year for the use of the OSA Repertory within the production and distribution of no less than 3 different music audiovisual
carriers released by the producer.
each subsequent carrier within the single package will be based on a royalty of 60%. This
calculation will apply if the entire package is distributed as an inseparable unit. This provision may not be combined with the giveaway and bonus carriers sales regime.
Film Audiovisual Carriers
Film audiovisual carriers are deemed carriers containing the recording of any audiovisual work
save for musical audiovisual carriers and/or multimedia.
A.
2. The license includes the consent to use the OSA Repertory in the production and distribution of film audiovisual carriers by means of sales to the public, applicable to the entire
59
6/7
III.
and other Media
3. The royalty amounts to 5% of the average first sales price.
Carrar
PPPC
royalty.
CZK 112
Carrier
DVD up to 60 min
CZK 84
CZK 1.50
DVD up to 30 min
CZK 56
DVD up to 60 min
CZK 1.00
DVD up to 30 min
CZK 0.50
5. If a film audiovisual carrier is re-released no sooner than upon the elapse of 1 year of the
original release (the original release is deemed the release on any carrier) – „new release“
– and if the price of the carrier‘s new release is reduced by no less than 50% compared to
its original release, and if the carrier contains a newly compiled set of previously released
works and is sold at prices reduced by no less than 50% compared to the original releases,
the average first sales price is reduced to 55% of the above-mentioned price.
6. The share of the royalty to OSA corresponds to the duration of the tracks in the OSA Repertory pro rata the total time of the audiovisual works recorded on the carrier (the pro rata
temporis principle).
Min. royalty
as follows:
Number of produced carriers
% Min. royalty
Minimum royalty per carrier
up to 499
100%
CZK 1.50
CZK 1.00
500 - 999
80%
CZK 1.20
CZK 0.80
CZK 0.50
CZK 0.40
1,000 - 1,999
70%
CZK 1.05
CZK 0.70
CZK 0.35
2,000 - 4,999
60%
CZK 0.90
CZK 0.60
CZK 0.30
5,000 - 9,999
50%
CZK 0.75
CZK 0.50
CZK 0.25
10,000 - 19,999
40%
CZK 0.60
CZK 0.40
CZK 0.20
8. The minimum invoiced royalty per a single granted license amounts to CZK 150, VAT excl.
20,000 - 49,999
35%
CZK 0.53
CZK 0.35
CZK 0.18
9. The share of royalties axis corresponds to the duration of the songs in the repertoire of OSA
in the overall length of the Omer carriers (the principle of pro rata temporis).
50,000 - 99,999
30%
CZK 0.45
CZK 0.30
CZK 0.15
100,000 - 199,999
25%
CZK 0.38
CZK 0.25
CZK 0.13
200,000 - 399,999
20%
CZK 0.30
CZK 0.20
CZK 0.10
400,000 and more
15%
CZK 0.23
CZK 0.15
CZK 0.08
B.
3. The license includes the consent to use the OSA Repertory in the production and distribution of film audiovisual carriers by means of sales to the public, applicable to the entire
60
If a film audiovisual carrier is re-released no sooner than upon the elapse of 1 year of the
original release (the original release is deemed the release on any carrier) – „new release“ –
and if the carrier contains a newly compiled set of previously released works, the minimum
royalty will drop to 55% of the above-mentioned royalty.
7. The share of the royalty to OSA corresponds to the duration of the tracks in the OSA Repertory pro rata the total time of the audiovisual works recorded on the carrier (the pro rata
temporis principle).
9. The minimum invoiced royalty per a single granted license amounts to CZK 150, VAT excl.
7/7
III.
and other Media
C.
Multimedia (incl. Computer Games)
1. The license includes the consent to use the OSA Repertory in the production and distribution of film audiovisual carriers by means of sales to the public and to free-of-charge distribution for all carriers of the producer duly notified to OSA. The royalty for the provision of the
license is paid for the sold or freely distributed carriers for the relevant calendar half-year.
1. Multimedia are deemed carriers designed for use in personal computers that contain several types of recordings of works at once (musical works, visual works, texts, audiovisual
works etc.)
2. The royalty amounts to 3,5% of the producer‘s gross sales; the pro rata temporis principle
will not apply.
2. The license includes the consent to use the OSA Repertory in the production and distribution of multimedia carriers (incl. computer games) by means of sales and/or free-of-charge
distribution to the public, applicable to the entire produced edition stipulated in the agreement. The royalty for the license granted is paid for the entire produced edition.
nosič
min. AO
CZK 1.50
DVD up to 60 min
CZK 1.00
3. The royalty payable for carriers designed for free-of-charge distribution amounts to CZK
0.20 per each commenced minute of music from the OSA Repertory on the carrier. The
royalty payable for carriers designed for sale amounts to CZK 0.40 per each commenced
minute of music from the OSA Repertory on the carrier.
DVD up to 30 min
CZK 0.50
3. The producer‘s title to conclude the annual collective license agreement comes into existence if the producer paid royalties in the previous calendar year for the use of the OSA
Repertory within the production and distribution of no less than 3 different film audiovisual
carriers released by the producer.
All of the above royalty rates to inflate the amount of VAT.
Joint Provisions
each subsequent carrier within the single package will be based on a royalty of 60%. This
calculation will apply if the entire package is distributed as an inseparable unit. This provision may not be combined with the giveaway and bonus carriers sales regime.
61
Synchronization
1/3
IV.
(Audiovisual Works and Commercials)
General Provisions
Pursuant to Act No. 121/2000 Coll., the Act on Copyright,
Rights Relating to Copyright and Amendments to Other
Acts (Copyright Act), each user of a musical work
protected by copyright shall be obliged to obtain in
advance a licence (authorization) to use a work from
the author and pay remuneration (royalty fee) to the
author for the use of a work.
Czech and foreign authors of musical and musical-dramatic works and other rightholders are represented by
OSA – Society for the Protection of the Rights of Music Authors and Publishers (OSA) in connection with
the granting of a licence and collection of royalty fees
on the basis of:
on the part of a user, an amendment to a licensing agreement may be agreed with OSA, which shall incorporate the changes occurred,
unless stipulated otherwise hereinafter.
If a user of a musical or musical-dramatical work fails to obtain a licence to use a work and uses a work in spite of it, without duly conducting negotiations with OSA on the conclusion of a licensing agreement, unauthorized infringement of copyright occurs. Such
unauthorized use without obtaining a licence (Section 40(4) of the Act) shall create a rightholder’s (represented by OSA) right to claim
surrendering of unjust enrichment accruing on the part of the person committing the unauthorized infringement in an amount of
double the usual royalty fee.
Other persons who are obliged to pay special remuneration pursuant to the Copyright Act (Section 96(1)(a)(3)) collected by the collective administrator OSA within the framework of performance of compulsory administered collective rights, shall be obliged to pay to
OSA remuneration pursuant to the Copyright Act, Decree No. 488/2006 Coll., and these Royalty Rates.
Users of musical or musical-dramatical works, as well as persons obliged to pay special remuneration shall be obliged pursuant to the
Copyright Act (Section 100(4)) to provide to OSA information necessary for the performance of collective administration and enable
to OSA (usually to commercial agents of OSA – auditors) to audit due and timely performance of contracts and agreements concluded
with OSA.
a) the Copyright Act, as amended;
b) authorization to perform collective administration
of property rights of authors and other rightholders granted by the Ministry of Culture of the
Czech Republic;
c) contracts to represents property rights related to
copyright concluded with authors of musical or
musical-dramatical works and other rightholders
specified in Section 95 of the Copyright Act;
d) reciprocal contracts with foreign collective administrators on mutual representation and protection of copyright of foreign authors of musical or
musical-dramatical works.
A user shall ask OSA for the granting of a licence prior to
the use of a work by means of an application, on the basis of which a licencing agreement shall be concluded.
The amount of the royalty fee for the use of a work
shall be agreed by OSA with a user according to these
Royalty Rates approved by the Management Board of
OSA after having been discussed by the Supervisory Board of OSA. In case of a change of material circumstances
62
Synchronization – agreement to include a musical work from the OSA repertoire into an audiovisual work
and during the production of commercials
The rates specified below shall apply provided that authors of the respective musical work are represented by OSA and have not
concluded the so-called synchronization exclusion.
If only some of the authors of the respective musical work meet these prerequisites, the rate shall be reduced pro rata according to the
participation of the author represented by OSA (without synchronization exclusion) in the respective musical work.
1. radio commercials – for each commenced 30 s of use of a musical work
AREA
1 month
3 months
6 months
12 months
Czech Republic (CR) region
TIME OF USE
3,000
8,000
15,000
27,000
CR – public radio stations
6,000
17,000
30,000
54,000
CR – commercial radio stations
8,000
23,000
40,000
72,000
CR – all radio stations
10,000
29,000
50,000
90,000
CR + SR (Slovak Republic)
12,000
35,000
60,000
108,000
CR + 1 other EU country
15,000
44,000
75,000
135,000
Worldwide
80,000
230,000
400,000
720,000
Synchronization
2/3
IV.
2. TV commercials – for each commenced 30 s of use of a musical work
AREA
1 month
3 months
6 months
Municipality
TIME OF USE
2,000
5,000
8,000
12 months
14,000
CR region
7,000
15,000
28,000
49,000
CR – cable TV
15,000
32,000
60,000
105,000
CR – public TV
20,000
43,000
80,000
140,000
CR – NOVA, PRIMA
40,000
84,000
160,000
280,000
CR – all TV stations
55,000
115,000
220,000
385,000
CR + SR
60,000
126,000
240,000
420,000
CR + 1 other EU country
80,000
168,000
320,000
560,000
Worldwide
300,000
610,000
1,200,000
2,000,000
3. Commercials – cinemas, Internet - for each commenced 30 s of use of a musical work
AREA
1 month
3 months
6 months
12 months
Cinemas – CR region
TIME OF USE
2,000
5,000
8,000
14,000
Cinemas - CR
4,000
9,000
16,000
28,000
Cinemas - worldwide
10,000
22,000
40,000
70,000
Internet
15,000
32,000
60,000
105,000
63
Synchronization
3/3
IV.
4. other audiovisual works – films, documentaries, personal videos etc., - for each commenced 10 s of use of a musical work
CATEGORY
Description
CR + SR
worldwide
Distribution film
Feature or animated AVD intended for screening
in cinemas and TV broadcasting
600
1,800
Television film
Feature or animated AVD intended for TV broadcasting
400
1,200
Documentary film
Documentary AVD intended for TV broadcasting
200
600
Short-footage film
Feature or animated film up to 30 minutes
150
450
Documentary video
Documentary AVD intended for dissemination
on carriers and Internet
150
450
Training film
AVD intended solely for training purposes
50
150
Computer game
Duration of music before looping
300
900
Amateur film
Short-footage AVD created by amateur author
100 or 150 for AVD
with limited use
300 or 500 for AVD
with limited use
Personal video
Recordings of weddings, graduation balls,
children fashion shows etc.
150 for AVD or 2,000
for 6 months
450
Presentation video
AVD intended for a company presentation (profit sector)
300
600
Presentation video
AVD intended for a company presentation (non-profit sector)
150
300
Presentation video
AVD intended for a company in-house presentation
50
100
Student film
AVD created by students of a film school
30
60
If a music used in AVD is classified as the so-called background, the royalty rates shall be reduced to 50%.
* Notes to Synchronization Royalty Rates 4:
„AVD“
audiovisual work
„worldwide“
all countries of the world, including CR and SR
„Film of documentary“
means any audiovisual work, including feature, animated and puppet films
„Computer game“
footage of a music use is rated before looping
64
„Amateur film“„Limited use“
means a film produced with the purpose of non-commercial use and for the screening of which no entrance
fees is charged any form of AVD use solely during amateur film festivals without commercial purpose
„Personal video“
if intended solely for the circle of persons participating
in the event; the royalty amounts to CZK 150 for the
whole AVD irrespective of the number and footage of
used works
„PPresentation video for profit sector“
profit sector means entrepreneurs according to Section
2 of the Commercial Code
„Presentation video for non-profit sector“
non-profit sector means natural persons who are not
entrepreneurs, legal persons established with a purpose
other than carrying out business activity (even if registered in the Companies Register)
„Presentation video for internal (in-house) needs“
AVD may be used only in connection with employees
or statutory bodies of AVD producer, not in connection
with customers or other third persons
„Student film“
AVD created by a pupil or student while performing his
school or educational duties (such as FAMU – Film and
TV School of Academy of Performing Arts in Prague)
„Background music“
means a use when music is perceived as non-dominant
background in a scene, where it is performed from real
sources in the film (radio, TV, car players, life music etc.)
All the above royalty rates shall be increased by VAT
at a statutory rate.
Rental and Lending of Audio
and Audiovisual Carriers
General provisions
Every user of a protected musical work must obtain, in
advance, a license (approval) to use the work from the
rights holder and pay the appropriate royalty for using
the work according to Act No. 121/2000 Coll. on rights
of authorship, rights related to rights of authorship and
amendment to some laws (Copyright Act).
Czech and foreign authors of musical works with or without lyrics and other holders of rights are represented
by the Society for the Protection of the Rights of Music
Authors and Publishers (OSA) based on the following
in granting licenses and collecting royalties:
1/1
V.
cumstances on the user’s part, an addendum to the license agreement can be agreed on with the OSA to provide for the changes that
have occurred, unless otherwise stated below.
If the user of musical works with or without lyrics does not obtain a user license in advance but nonetheless uses a work without properly negotiating with the OSA to enter into a license agreement, this comprises unauthorized use of a work of authorship. In the event
of such use without a license, the Copyright Act (§40(4)) provides that the holder of rights (represented by the OSA) becomes entitled
to be given such unjustly reaped benefits by the person who used the work without authorization, at twice the standard royalty.
Other persons obliged to pay special fees according to the Copyright Act (§96(1)(a)(3)) to be collected by the collective manager, i.e.,
the OSA, performing mandatory collective management must pay the OSA fees according to the Copyright Act, Decree No. 488/2006
Coll., and this Schedule of Rates.
Users of musical works with or without lyrics and persons obliged to pay special fees must provide the OSA with information necessary for collective management and allow the OSA (OSA sales representatives or inspectors as a rule) to check the timely and proper
fulfillment of agreements with the OSA according to the Copyright Act (§100(4)).
a) Copyright Act, as amended;
b) Authorization to perform collective management
of proprietary rights of authors and other holders
of rights granted by the Czech Ministry of Culture;
c) Representation agreements concerning authors’
proprietary rights with authors of musical works
with or without lyrics and other holders of rights
defined in §95 of the Copyright Act; and
d) Reciprocal agreements with foreign collective
administrators concerning mutual representation and protection of the rights of authorship of
foreign authors of musical works with or without
lyrics.
The user must make a request to the OSA to grant a
license prior to using the work by means of a request
form, and a license agreement is then concluded on the
basis of the request. The amount of the royalty for using
the work is agreed on by the OSA and users pursuant to
this schedule of rates approved by the OSA’s Board of
Directors following discussion of the rates by the OSA’s
Supervisory Board. In the event of a change in key cir-
1. Determination of royalties including “přiměřená odměna”, i.e., a reasonable royalty,
for one calendar month:
- The license includes a consent to use the OSA’s works and the amount of a reasonable royalty in the event of rental and lending
of audiovisual carriers to the public with regard to all titles offered by the lender to the public as agreed in a contract.
- The rates include fees to other collective managers, i.e., DILIA, INTERGRAM and OOA-S.
- The royalties are determined pursuant to the following table:
Number of titles
offered
Basic royalty
For population
over 150,000
For population from
20,000 to 150,000
For population from
500 to 20,000
For population
up to 500
Up to 2,500
700
665
630
595
480
Over 2,500
900
855
810
765
720
VAT at the basic legal rate will be added to the royalties.
65
DJ´s License
General provisions
Every user of a protected musical work is obliged pursuant to Act No. 121/2000 Coll., on copyright and rights related to copyright and on a amendment of certain acts (the Copyright Act) to
obtain in advance from the holder of the rights a license (consent) with the use of the work
and to pay for such use of the work author‘s remuneration.
Czech and foreign authors of musical works with lyrics or without lyrics and other holders of
rights are in granting of license and collection of authors’ remuneration represented by OSA Society for the Protection of the Rights of Music Authors and Publishers (OSA) pursuant to:
a) Copyright Act, as amended;
b) authorization for exercise of collective management of property rights of authors and other
holders of rights granted by the Ministry of Culture of the Czech Republic;
c) agreements for representation of author’s property rights concluded with authors of musical works with lyrics or without lyrics and other holders of rights mentioned in Section 95
of the Copyright Act;
d) reciprocal contracts with foreign collective rights managers on mutual representation and
protection of copyrights of foreign authors of musical works with lyrics or without lyrics.
Any user must apply for a license to OSA prior to use of the work by an application on the basis
of which a license agreement is subsequently concluded. The amount of author‘s remuneration for the use of the work is agreed upon with the users by OSA in accordance with this
schedule of remuneration approved by the Board of Directors of OSA upon discussion by the
Supervisory Board of OSA. In the event that the decisive circumstances on the part of the user
change, an amendment to the license agreement may be concluded with OSA, which will make
provisions for the changes that have occurred, unless provided otherwise.
In the event that a user of musical works with lyrics or without lyrics fails to obtain a license
for use of the works in advance and despite this failure uses the work without engagement in
negotiations with OSA concerning conclusion of a license agreement, such conduct shall be
deemed as unauthorized use of copyright works. The Copyright Act (Section 40 par. 4) stipulates that in case of such use without license the holder of the rights (represented by OSA)
becomes entitled to surrender of unjust enrichment that arose on the part of the entity that
used the work without authorization, and this in the amount of double the usual author‘s
remuneration.
Other persons liable to payment of special remunerations pursuant to the Copyright Act
(Section 96 par. 1 letter a) clause 3) collected by the collective rights manager OSA within
its exercise of mandatory collective management are obliged to pay these remunerations
to OSA pursuant to the Copyright Act, Decree No. 488/2006 Coll. and this schedule.
1/1
VI.
Users of musical works with lyrics or without lyrics as well as any persons liable to payment of
special remunerations are pursuant to the Copyright Act (Section 100 par. 4) obliged to provide
to OSA information necessary for exercise of collective management and enable OSA (usually
through OSA sales representatives - inspectors) to carry out inspection of proper and timely
performance of the agreements concluded with OSA.
Reproduction of the so-called working copies of audio recordings
for the purposes of public performance - „DJs“
Sazebník autorských odměn pro užití hudebních děl s textem nebo bez textu při zhotovování
Schedule of author’s remuneration for use of musical works with lyrics or without lyrics for cases
when so-called working/operating copies of musical works are made.
I.
Scope of application of the schedule
This schedule stipulates calculation of author’s remuneration for provision of license for use of
musical works with lyrics or without lyrics from the repertory of OSA - the Society for the Protection of the Rights of Music Authors and Publishers (provider of license) for cases of creation of
so-called working/operating copies of musical works.
II. Author’s remuneration
Autorská odměna je stanovena fixní částkou na daný počet měsíců dle níže uvedené tabulky:
Period
3-month license
Current rates
CZK 2,100 (i.e. CZK 700/p.m.)
6-month license
CZK 3,500 (i.e. CZK 583/ p.m.)
12-month license
CZK 6,000 (i.e. CZK 500/ p.m.)
Author’s remuneration is stipulated as a fixed amount for a given number of months in accordance with the table below.
III. Terms
The evidence proving due settlement of property rights to musical works in the extent of license agreement to which this schedule applies is represented by a duly executed license agreement with the provider along with author‘s remuneration paid duly and in time.
License agreement is non-transferable. The licensee is obliged to present it as proof in case of
inspection by a duly empowered or authorized representative or the provider of the license.
IV. Joint Provisions
Any cases that are not provided for in this or other OSA schedule shall be resolved by agreement.
66
Private Copying
1/2
VII.
(Blank Tape Levies)
A)
Equipment to Make Reproductions of Recordings
AUDIO EQUIPMENT
I.
VIDEO EQUIPMENT
Equipment to make reproductions of audio recordings
I.
Rate
Out of that
for the OSA
a) Equipment to make reproductions on a magnetic tape
(such as tape recorders)
3.00%
1.50%
b) Equipment to make reproductions on an optical carrier
(such as CD recorders)
3.00%
1.50%
c) Equipment to make reproductions on a built-in hard drive
(such as MP3 players and multimedia equipment)
3.00%
1.50%
d) Equipment to make reproductions on a memory card
(such as MP3 players and multimedia equipment)
3.00%
1.50%
e) Combination of the above equipment to make reproductions
3.00%
1.50%
Rate
Out of that
for the OSA
II. Radio receivers to make recordings of broadcast content
Equipment to make reproductions of audiovisual recordings
Rate
Out of that
for the OSA
3.00%
1.80%
Equipment to make reproductions on an optical carrier
(such as DVD and BD recorders)
3.00%
1.80%
m) Equipment to make reproductions on a built-in hard drive
(such as HDD recorders, DVB-T/S receivers with HDD,
multimedia equipment and MP4s)
3.00%
1.80%
k) Equipment to make reproductions on a magnetic tape
(such as VCRs)
l)
n) Equipment to make reproductions on a memory card
3.00%
1.80%
o) Combination of the above equipment to make reproductions
3.00%
1.80%
Rate
Out of that
for the OSA
II. TV sets to make recordings of broadcast content
f) Equipment to make reproductions on a magnetic tape
1.50%
0.75%
p) Equipment to make reproductions on a magnetic tape
1.50%
0.90%
g) Equipment to make reproductions on an optical carrier
1.50%
0.75%
q) Equipment to make reproductions on an optical carrier
1.50%
0.90%
h) Equipment to make reproductions on a built-in hard drive
1.50%
0.75%
r) Equipment to make reproductions on a built-in hard drive
1.50%
0.90%
i) Equipment to make reproductions on a memory card
1.50%
0.75%
s) Equipment to make reproductions on a memory card
1.50%
0.90%
j) Combination of the above equipment to make recordings
1.50%
0.75%
t) Combination of the above equipment to make recordings
1.50%
0.90%
67
Private Copying
2/2
VII.
(Blank Tape Levies)
III. Empty optical carriers
PC COMPONENTS
u) CD writers that can/cannot be built in, or built-in CD writers
(external and internal CD writers)
Rate
Out of that
for the OSA
3.00%
53%
v) DVD and BD writers that can/cannot be built in, or built-in
DVD and BD writers (external and internal DVD and BD writers)
3.00%
58%
w) Memory card writers
3.00%
53%
x) Hard drives that can be, or are, installed inside a PC
(internal hard drives)
3.00%
58%
Per item
Out of that
for the OSA
e) CDs of all formats, not re-writable
CZK 0.40
53%
f) CDs of all formats, re-writable
CZK 2.00
53%
g) DVDs of all formats and other optical carriers, not re-writable
CZK 1.00
58.70%
h) DVDs of all formats and other optical carriers, re-writable
CZK 5.00
58.70%
i) Minidisks
CZK 4.00
52.50%
IV. Memory media that cannot be, or can be/are, installed inside a device,
unless the same fee is imposed on them as on equipment
B)
Empty Carriers and Flat Rate net of VAT
(Such as memory cards, flash drives
and mobile phone memory media)
I. Empty analog audio carriers
Per item
Out of that for
the OSA
a) With a recording time of up to 60 minutes
CZK 1.50
50%
b) With a recording time of more than 60 minutes
CZK 2.00
50%
II. Empty analog audiovisual carriers
Per item
Out of that
for the OSA
For 1GB, or fractions thereof
(max. CZK 90)
Out of that
for the OSA
CZK 1.50
53%
V. Hard drives that cannot be installed inside a PC (external hard drives)
For 1GB, or fractions thereof
Out of that
for the OSA
If the total disk capacity does not exceed 1TB
CZK 0.15
58%
If the total disk capacity exceeds 1TB, CZK 150
is paid for each item, plus, for capacity over 1TB
CZK 0.10
58%
c) With a recording time of up to 180 minutes
CZK 3.00
60%
Common Provisions
d) With a recording time of more than 180 minutes
CZK 4.00
60%
According to Act No. 121/2000 Coll. and Decree No. 488/2006, as amended by Decree No.
408/2008 Coll.
68
 220 315 000
Customers line
www.osa.cz

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