Czech RepublicAutorský zákon Sections 39c-39d, Text and Data Mining Exception for Automated Analysis
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- Honor a rightholder's express, suitably given reservation, including a machine-readable reservation on a work made available online, before relying on the general text-and-data-mining exception to mine that work in the Czech Republic.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- GAI-RISK-12Value Chain and Component Integration
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- ETSI EN 304 223
- 5.2.4-2.1Minimum record for training data: its source, such as a page URL, and when it was collected.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
Who enforces it
Settledness
- As of
- Open questions
- Does a robots.txt directive or a note in the terms of use count as a reservation 'vhodným způsobem' that is also 'strojově čitelnými prostředky' under Section 39c(2) for a work made available under Section 18(2)?
- Does Section 39c(1) cover a copy made to train a model that is offered to third parties, when it permits a copy 'za účelem automatizované analýzy textů nebo dat' kept only 'po dobu nezbytnou'?
What it makes you log
Log retention
Copies under the general exception may be kept only for the time the analysis needs; research copies may be kept for scientific research, including verification of results.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Copies made under the general exception beyond the time needed for the automated analysis of texts or data
Logging duty
For text and data mining for scientific research by cultural heritage institutions, section 39d requires the copy to be stored with an appropriate level of security and allows it to be kept for scientific research, including verification of the results. The clause requires no log or record. Section 39c(1) separately limits copies made under the general exception to the time needed for the analysis.
- Kind
- None
- As of
What this law does
A person does not infringe copyright by reproducing a work for the purpose of automated textual and data analysis carried out to obtain information such as patterns, trends and correlations, and may keep the resulting copy only for as long as the analysis requires, per Section 39c(1).
That general licence does not apply where the rightholder has expressly reserved the use in a suitable way, including, for a work made available online, a machine-readable reservation, per Section 39c(2); a scraper mining a work so reserved needs the rightholder's authorization.
A separate exception in Section 39d lets a university carrying out scientific research, a legal person whose main purpose is scientific research or education including research, or a cultural-heritage institution, reproduce a work for text and data analysis for scientific research regardless of any rightholder reservation.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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