publisher:
1. The Publisher (Národní ústav lidové kultury / The National Institute of Folk Culture) publishes a journal titled Národopisná revue / Journal of Ethnology (hereinafter referred to as the ‘Journal’).
2. Whereas the Author is interested in publishing a work authored by him (hereinafter referred to as the ‘Work’) in the Journal, he/she made his/her work available to the Publisher.
1. The Author hereby grants the Publisher a permission to exercise the right to utilize the Work (licence) for all kinds of uses without any limitations. The Publisher is therefore entitled to exploit the Work especially in the following manner:
a) to publish it, i.e. to disseminate it within the meaning of provisions under § 14 of the Copyright Act (also repeatedly) in the Journal or in any other periodicals or non-periodical publications, without any limitations to the volume (circulation), and also to reproduce it within the meaning of provisions under 13 of the Copyright Act without any limitations to the scope for the purpose of such publishing activity (dissemination);
b) to rent, lend and also exhibit it within the meaning of provisions under § 15 to § 17 of the Copyright Act;
c) to communicate it to the public in an immaterial form within the meaning of provisions under § 18 et seq. of the Copyright Act, inclusive of making the Work available in such a way that anybody may access it at the time and place of his/her own choice (provisions of § 18 Par. 2 of the Copyright Act), and also to reproduce the Work for the said purpose at an unlimited extent;
d) when using the Work according to provisions in (a) to (c) herein, to also use the Work for non-commercial and commercial (i.e. performed for profit or not-for-profit) publicity or any other promotional activity of himself/herself and results of his/her activities (especially of the Journal); and such utilization according to (a) to (c) herein for publicity or promotional activities will be interpreted as including the publication of the Work in the Journal or some other utilization of the Work;
e) when using the Work according to provisions in (a) to (d) herein, to use the entire Work or its part, in conjunction with other copyrighted works and also texts, images, photographs or sounds that are not copyrighted, by placing it to a database or some other set of copyrighted or uncopyrighted works; for that purpose the Publisher is entitled to combine the Work with other copyrighted works and also with texts, images, photographs or sound that are not copyrighted, to put it to a database or some other set of copyrighted or uncopyrighted works.
2. The right to utilize the Work as per Paragraph 1 is being granted:
a) as a non-exclusive right, which means that the Author retains the right to use the Work himself, and also to grant the right to utilize it to a third party,
b) for the duration of the property rights subject to the copyright to the Work,
c) for the entire world,
d) together with the right to grant it to third parties, either by granting them a sub-licence or by assigning the licence to them, with the right of further transfers using either method.
3. It is the Publisher’s obligation to always acknowledge the Author by listing his/her name whenever he uses the Work, and he may use the Work without acknowledging the Author only if it is customary in that specific case.
4. The Publisher is not obliged to use the licence granted by the Author in full.
5. Parties have agreed that the licence is being granted free of charge by the Author pursuant to provisions of § 2366 Par 21 (b) of the Copyright Act.
1. The Author warrants to the Publisher that the Work is free of any legal defects, which means that the Author is the sole creator of the Work (in the case of a co-authorship he/she confirms that all authors without any exceptions are mentioned), the Work is an original and has never been publicly used by the Author (co-author/s and any third person) to date, and that by using the Work (to the extent agreed in this agreement), neither the Publisher nor any third party whose authorization will derive from this agreement:
a) will be violating the copyright of any third parties;
b) will be violating any other rights or justified interests of third parties, for instance the right to privacy of natural persons and the right to the protection of good reputation of legal persons, and
c) will be violating generally binding legal regulations,
and that the Author did not grant an exclusive licence to use the Work to any third party prior to the conclusion of this agreement.
2. If the Publisher or a third party deriving its authorization from this agreement should suffer a loss or some other damage because of legal defects of the Work, the Author shall compensate them to the full extent of the loss or damage suffered.
1. The Author agrees that the information he/she provided to the Publisher can be submitted for use in conformity with the terms described in Part II, par. 1 of this agreement.
1. This agreement is subject to the law of the Czech Republic, particularly to the Copyright Act and the Commercial Code as amended.
2. Any changes or amendments to this agreement can only be made when agreed to in writing by the two parties herein. The agreement may only be terminated by a written notice.
Publisher: The National Institute of Folk Culture, Zámek Zámek 672, 696 62 Strážnice, Czech Republic represented by PhDr. Martin Šimša, Ph.D., Director
(IČO: 00094927, DIČ: CZ00094927)
