.Czechia
Transposition and implementation overview
Link to legal provisions | |||||||
Stakeholder dialogues | They are taking place and include libraries, collective management organisations, publishers and booksellers | ||||||
Out of commerce determination | Written works: cut-off dates for, separately, books (20 years) and periodicals (10 years) Phonograms: plus reasonable efforts
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Sufficiently representative CMOs | Literary, cartographic works: DILIA Fine arts: OOA-S Music: OSA Sound recording productions: Intergram | ||||||
Conditions for opt-out | None (NB: publishers are entitled to opt-out their works in the book format as well) | ||||||
Scope of licence | The system existing since 2017 before the adoption of the Copyright in the Digital Single Market Directive includes the making available within the territory of Czechia of literary (text-based) works and embedded works. The out of commerce works system adopted through the Copyright in the Digital Single Market Directive includes the reproduction for the purposes of making available and making available of any type of material. | ||||||
Scope of exception | No subject-matter of protection is excluded. Reproduction and communication to the public, including making available to the public, on non-commercial websites, for non-commercial purposes. | ||||||
Publicity measures | Under the system existing since 2017 before the adoption of the Copyright in the Digital Single Market Directive, a list is available and maintained by the National Library. Under the out of commerce works system adopted through the Copyright in the Digital Single Market Directive, there are no additional provisions (however, in respect of the categories of the works and other subject-matter of the protection contained in the library collections, it is planned that the List will serve as the API for the communication/interaction with the EUIPO Portal) | ||||||
Other conditions | The list of out of commerce works under the system existing since 2017 before the adoption of the Copyright in the Digital Single Market Directive is continuously checked against available databases of the booksellers/distributors, as well as against the National Bibliography database. | ||||||
Licences
Literary works
Type of agreement | Licence agreement | ||||||
Collective management organisation(s) | DILIA | ||||||
Cultural heritage institution | National Library. By way of statutory representation by the National Library, the agreement extends to the libraries of the System of Libraries Providing Public Library and Information Services | ||||||
Materials | Text-based, literary works published (with the consent of the rights holder) in the form of monographs or included in periodicals that are in copyright at the time of the conclusion of the contract. The licence expressly excludes (unless incorporated in the type of work described above) computer programs, sound and audio-visual recordings of works, published sheet music, recordings of a musical or musical dramatic work. | ||||||
Uses authorised | Online viewing via devices located in the premises of the National Library. Remote viewing by registered readers of the National Digital Library platform and the Czech Digital Library platform (national digital aggregator), on the basis of authentication. The materials may NOT be made accessible on the open web. | ||||||
Duration in time | January 1, 2024 to December 31, 2026. | ||||||
Geographical coverage | Access is limited to the territory of the Czech Republic. | ||||||
Fees | Flat-rate fee determined on the basis of the number of libraries involved, the number of readers registered and the scope of the use of the National Digital Library. CZK 22 223 057.15 (without VAT) + rate of inflation [as of 15/01/2024 the rate is EUR 1 = CZK 24.7150] | ||||||
Additional conditions to be respected by the CHI | Need to submit a ‘report on the scope of use’ by the National Library in which the following information is provided: title of the work; names of authors; publisher; year of publication; ISBN/ISSN (if any); number and extent of use of the work in the relevant calendar quarter. Need to invite the CMO to assess the conformity of the general terms and conditions accepted by registered users, affecting the use of the materials. | ||||||
Additional conditions to be respected by the CMO |
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Link to licence (if public) | |||||||
Facilitates making available via Europeana? | No, given the limitation on the platforms in which the works can be viewed, and the territorial limitation. | ||||||
Works of visual arts
Type of agreement | Licence agreement | ||||||
Collective management organisation(s) | OOA-S | ||||||
Cultural heritage institution | National Library. By way of statutory representation by the National Library, the agreement extends to the libraries of the System of Libraries Providing Public Library and Information Services | ||||||
Materials | Works of visual arts (various kinds of images) embedded or included in the literary works [the ones that fall under the scope of the licence with DILIA: text-based, literary works published (with the consent of the rights holder) in the form of monographs or included in periodicals that are in copyright at the time of the conclusion of the contract]. The licence expressly excludes (unless incorporated in the type of work described above) computer programs, sound and audio-visual recordings of works, published sheet music, recordings of a musical or musical dramatic work. | ||||||
Uses authorised | Online viewing via devices located in the premises of the National Library. Remote viewing by registered readers of the National Digital Library platform, on the basis of authentication. The materials may NOT be made accessible on the open web. | ||||||
Duration in time | January 1, 2024 to December 31, 2026. | ||||||
Geographical coverage | Access is limited to the territory of the Czech Republic. | ||||||
Fees | Flat-rate fee [CZK 5 212 815.87] determined on the basis of the number of libraries involved, the number of readers registered and the scope of the use of the National Digital Library. | ||||||
Additional conditions to be respected by the CHI | Need to submit a ‘report on the scope of use’ by the National Library in which the following information is provided: title of the work; names of authors; publisher; year of publication; ISBN/ISSN (if any); number and extent of use of the work in the relevant calendar quarter. Need to invite the CMO to assess the conformity of the general terms and conditions accepted by registered users, affecting the use of the materials. | ||||||
Additional conditions to be respected by the CMO |
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Link to licence (if public) | |||||||
Facilitates making available via Europeana? | No, given the limitation on the platforms in which the works can be viewed, and the territorial limitation. | ||||||