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  • From: Paul Keller <pk AT kl.nl>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: [CC-Europe] ENDitorial: Leaked draft of the new Czech Copyright Act
  • Date: Sat, 28 Aug 2010 18:16:21 +0200

hi,
is there anyboduy on this list who can shed a bit more light on this report
about a new czech copyright act that would seriously hamper the functioning
of CC licenses?
cheers, paul

source: http://www.edri.org/edrigram/number8.16/new-czech-copyright-draft

> The Copyright Act draft contains a controversial section on the temporal
> effect of copyleft licenses (e.g. Creative Commons, also called public
> licenses in legal terminology). It imposes the obligation to notify
> collecting societies on authors each time they decide to publish their
> works outside the strict copyright framework. The legislation thus disrupts
> the idea of quick and simple publishing enabled by public licenses and
> forces bureaucratic elements into the system. Collecting societies would
> also have complete overview of copyleft works.
>
> The draft states that: "If a right holder not represented on the basis of
> the agreement expresses his will to exclude the effect of cumulative
> agreement while providing gratuitous license, the effect of cumulative
> agreement is excluded to the extent of provided license in respect to the
> collective administrator at the moment when the collecting administrator is
> provably notified of the provided license."
>
> That means that in order to achieve free distribution of copylefted work,
> the author has to notify the collecting society and he carries the burden
> of proof, that is, he has to prove that license has been provided, or if
> you like, the user of gratuitous license has to prove the collecting
> society has been notified, which is even harder. The amendment draft thus
> violates the declared support of public licenses.

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