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  • From: Gruber Lukás <Lukas.Gruber AT nkp.cz>
  • 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, 5 Sep 2010 20:28:24 +0200

Title: [CC-Europe] ENDitorial: Leaked draft of the new Czech Copyright Act
Hei Paul,
 
please find attached official statement of CC czech team on draft of Czech copyright bill in relation to CC licences. Hope it will bring more light into the topic..
 
Best,
Lukas Gruber
CC Czech Republic 


From: cc-europe-bounces AT lists.ibiblio.org on behalf of Paul Keller
Sent: Sat 8/28/2010 6:16 PM
To: cc-europe AT lists.ibiblio.org
Subject: [CC-Europe] ENDitorial: Leaked draft of the new Czech Copyright Act

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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Attachment: Statement_draft of czech copyright bill amendment.pdf
Description: Statement_draft of czech copyright bill amendment.pdf



  • Re: [CC-Europe] ENDitorial: Leaked draft of the new Czech Copyright Act, Gruber Lukás, 09/05/2010

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