Czech RepublicAutorský zákon Sections 39c-39d, Text and Data Mining Exception Bearing on News Indexing
In force since .
A text and data mining (TDM) opt-out rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may reproduce a work, including a press publication, for automated textual and data analysis to obtain information such as patterns, trends and correlations, and keep the copy only as long as the analysis requires (Sec. 39c(1)).
- Before mining, check whether the author has expressly reserved the analysis in a suitable way, including by machine-readable means for a work made available online (Sec. 39c(2)).
- Do not mine a work whose author has reserved the analysis without the rightholder's authorization; a news aggregator indexing text so reserved needs it.
- A university carrying out scientific research, or a legal person whose main purpose is scientific research or education including research, may mine a lawfully accessed work regardless of any reservation; this exception in Sec. 39d cannot be waived.
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.
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
Who enforces it
Settledness
- As of
- Open questions
- Does a reservation that a site states only in its terms of use count as one made 'vhodným způsobem' under § 39c odst. 2 of the Czech copyright act, or must a work made available under § 18 odst. 2 carry it in 'strojově čitelnými prostředky'?
What this law does
A person does not infringe copyright by reproducing a work, including a press publication, for the purpose of automated textual and data analysis carried out to obtain information such as patterns, trends and correlations, and may keep the copy only for as long as that analysis requires, per Section 39c(1).
That general licence does not apply to a work whose author has expressly reserved the analysis in a suitable way, including through machine-readable means for a work made available online, per Section 39c(2); a news aggregator indexing text so reserved therefore needs the rightholder's authorization.
A separate, non-waivable exception in Section 39d lets a university carrying out scientific research, or a legal person whose main purpose is scientific research or education including research, mine a lawfully accessed work without regard to any rightholder reservation.
When LexLint raises it
When your app profile says your app reuses other publishers' content, crawls the web or trains models.
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