(Judgment of the Supreme Court of 14 May 2026, File No. 23 Cdo 1993/2025)
The subject of the dispute was the determination of the person responsible for securing copyright authorisations for a live theatre performance. In this context, the Supreme Court clarified who is considered, under the Copyright Act, to be the operator of a copyrighted work in the case of its live performance and who is obliged to obtain the consent of the copyright holders.
The dispute arose between the heir of Ladislav Smoljak, co-author of the plays of the Jára Cimrman Theatre, and the Žižkov J. Cimrman Theatre. The claimant argued that, in 2019 and 2020, the theatre had operated theatre performances without a concluded licence agreement and without the consent of the copyright holders. The theatre defended itself by arguing that it acted only as a hosting venue and that responsibility for securing copyright authorisations should have rested with the Jára Cimrman Theatre ensemble itself, which artistically performed the plays.
The Supreme Court did not agree with this argument. It emphasised that, for determining the operator of a work, the decisive factor is not who artistically performs the copyrighted work, but who organises its presentation to the public in its own name and on its own responsibility. The operator should therefore be considered to be the entity that, in particular, arranges the performance, sells tickets, ensures promotion of the event, organises its course and bears the economic risk associated with holding it.
At the same time, the Supreme Court emphasised that it is not material how the entity describes itself, whether it has its own artistic ensemble or whether the artistic performance itself is provided by other persons. What is decisive are the actual circumstances of the case and the factual role of the entity in organising and implementing the performance. A mere assertion that the entity only provides premises for the event cannot succeed if it in fact actively participates in its production and organisation.
The Supreme Court therefore upheld the conclusions of the lower courts and concluded that a person who organisationally ensures the making available of a live theatre performance to the public is the operator of the work within the meaning of the Copyright Act and must hold the relevant copyright licence. If such consent is not obtained, that person commits unauthorised use of a copyrighted work and may be obliged to compensate damage or surrender unjust enrichment.
The decision has a significant practical impact not only for theatres, but also for organisers of concerts, festivals, cultural events, operators of cultural centres and other entities that provide live cultural productions. The Supreme Court confirmed that responsibility for securing copyright authorisations is assessed according to the actual role of the entity in organising the event, not according to its formal designation or the contractual arrangement of its relationships with performers.
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