CZECH REPUBLIC Trends and Developments Contributed by: Daniela Kozáková and Pavel Široký, ŠIROKÝ ZRZAVECKÝ, attorneys-at-law
As shown above, Czech copyright law is currently based on the notion that AI cannot acquire rights or be subject to obligations itself, and thus cannot be liable. This means that where copyright is infringed using AI, the person/entity using it shall be liable. Further, in 2023, Directive (EU) 2019/790 of the Euro - pean Parliament and of the Council on Copyright in the Digital Single Market was implemented in the Czech legal system by amendment to the Czech Copyright Act, whereby a new statutory licence was established. This licence under Section 39c of the Copyright Act specifies that copyright is not infringed if anyone “makes a copy of a work for the purpose of automated analysis of texts or data in digital form, carried out for the purpose of obtaining information, including, among other things, patterns, tendencies and correlations”. However, they are entitled to retain such a copy only for the period necessary for the pur - pose of such automated text or data analysis. This relates mainly to so-called data mining; however, it will not apply to reproductions of a work whose author has expressly reserved the right to such use in an appropriate manner. The interpretation of the extent of “automated analysis” is not clear as regards the learn - ing of generative AI models and this shall be resolved by case law in future. In Section 39d of the Copyright Act, a statutory licence to reproduce a work for the purposes of auto - mated analysis of texts or data for scientific research is allowed for the following: • higher education institution, where the aim is to perform scientific research, subject to the condi - tion that such research must be performed in the public interest or on a non-profit basis, or all profits must be reinvested in the scientific research of that university or legal entity; or • cultural heritage institutions (ie, library, archive, museum, gallery or institution caring for the preser - vation of film, sound or other cultural heritage). Authorised persons are obliged to store such a copy with an appropriate level of security and may subse - quently retain it for the purposes of scientific research, including verification of research results. There is no specific time limit, as under the Section 39c licence
mentioned above, and the author also does not have the right to reservation as under the Section 39c licence. Note that the Section 39c licence applies to use of the work for any purpose, including commercial pur - poses. Authors should be cautious of this – to prevent such use, they need to make the above-mentioned reservation allowed by Section 39c(3) of the Copyright Act; such right shall then apply for the future. Current Developments in the Legislation That Affect the Art Market Artist status A new set of rules implementing a person’s status as artist became effective on 1 July 2025. The aim of the legislation was to improve and clarify the status of artistic professions, including: • definition of artistic professions; • labour law norms preventing disadvantages to those in artistic professions; and • rules concerning tax, social security and copyright. As a part of this aim, the amendment to Act No 203/2006 Coll., on Certain Types of Cultural Support implemented in Czech law the instruments of financial support for artists as well as persons performing other creative professions directly related to artistic activi - ties, fulfilling certain criteria: • artists performing their activities mainly outside the employment relationship; and • artists who have been engaged in artistic or crea - tive activities in the last three years for at least 24 months; and • artists who earn through their artistic activities an income of no more than the average salary in the Czech Republic. These artists, if they are registered in the establish - ment and register of artists, which is maintained by the Ministry of Culture, may apply to receive support in the form of a scholarship for creative or study purposes, if they meet the specified conditions. However, there is no legal claim to it.
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