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Good news for hotels, bad news for OSA (Copyright Protection Association). The Office for the Protection of Competition has imposed a fine of CZK 10,676,000 on the OSA for not taking hotel rooms’ occupancy into account for years 2008 to 2014, which resulted in the hotels having to pay tariffs to OSA for empty rooms.
OSA – the Copyright Protection Association for Music Works – is a professional association of composers, lyricists and musical publishers that connects musicians (as well as their heirs) with their listeners. Currently it manages the economic copyrights of more than 9,000 domestic and 3,500,000 foreign copyright holders. Being the largest organization of its kind, the OSA has a dominant position on the Czech market. The Office for the Protection of Competition held that OSA had abused its dominant position by enforcing unfair commercial conditions for providing licenses for hotel rooms.
This whole situation has a historical context. Before 2008, the OSA distinguished occupied rooms from the unoccupied ones in its price tariff. However, after the implementation of the statutory maximum amount of copyright fees, the OSA stopped considering the occupancy status of the rooms. Accommodation facilities operators were obligated to pay the licensing fees for rooms even when they were unoccupied and there was demonstrably no use of the work. The Office for the Protection of Competition has considered this commercial condition as disproportionate to the mutual contractual performance and consideration. On grounds of this misconduct, a fine of more than 10 million CZK has been imposed on OSA.
The decision, however, is not final, as the OSA has filed an appeal against the ruling.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."