.Czechia

1 Transposition and implementation overview
2 Licences
- 2.1 Literary works
- 2.2 Works of visual arts

Transposition and implementation overview

Link to legal provisions	Zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon)
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
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
Link to licence (if public)	https://smlouvy.gov.cz/smlouva/26977951 Previous licences had been concluded between the National Library and LITA for the period of 2019 to 2023, and they were based on the Memorandum of Understanding of the 20 September 2011.
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
Link to licence (if public)	https://smlouvy.gov.cz/smlouva/26978435
Facilitates making available via Europeana?	No, given the limitation on the platforms in which the works can be viewed, and the territorial limitation.