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  • From: Diane Peters <diane AT creativecommons.org>
  • To: Paul Keller <pk AT kl.nl>
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] ENDitorial: Leaked draft of the new Czech Copyright Act
  • Date: Sun, 29 Aug 2010 08:18:03 -0700

Hi Paul,

Here's what we know (so far -- more coming on Monday):

Apparently, there are several changes proposed to improve the curent situation with respect to CC in the proposed bill, but others that are not so good.  One of those is the general royalties included in the price of copying machines and media.  But based (again on what we have heard), this is a problem for everyone not just CC licenced works.  We understand this to be one of the reasons why the new Minister has suspended progression of the bill, though it will be re-opened later this year.  

In a nutshell:  the principle problem seems to be royalties in general, not CC licenses; the amendment is a proposal only, and is presently suspended.  As for the current status in the Czech Republic, we believe it to be that works under CC are subject to collective licencing unless the author declares to the collecting society otherwise. The proposed solution would be that CC licences would serve as such declaration.  If that's the case, then arguably it's better since the author's use of CC serves as that declaration rather than having to make a separate declaration vis-a-vis the society.

We are looking into this in more detail this coming week.  If anyone knows more, please let us know.  This is one we want to watch closely in tandem with all of you.

Best,
Diane

On Sat, Aug 28, 2010 at 9:16 AM, Paul Keller <pk AT kl.nl> wrote:
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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