Czech RepublicAutorský zákon Section 87b, Press Publisher Neighbouring Right
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
- Categories
- Linking framing
- Obligation class
- Licensing
What it requires
- Applies to you if you are an information-society service provider using online a press publication of a press publisher established in an EU or EEA member state.
- Obtain the press publisher's authorization before reproducing its press publication or making it available online (Sec. 87b(3)-(4)).NIST AI RMFMAP 4.1
- You need no authorization for an individual private user's non-commercial use, a bare hyperlink, or single words or very short, insignificant extracts (Sec. 87b(8)).
- The right lasts two years from the publication's release (Sec. 87b(6)).
- Negotiate the authorization in good faith, on equal and non-discriminatory terms, and pay a reasonable fee; if no fee is agreed within 60 days of the start of negotiations either side may ask the Ministry of Culture to set it, and you must not refuse to supply the data it needs to do so.no control in the NIST AI RMF
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
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, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Penalty structure
Section 105b(2), read with Section 105b(1)(g)-(h), sets a fine of up to CZK 500,000 or 1 percent of the offender's total annual worldwide turnover, whichever is higher, for an information-society service provider that fails to negotiate the Section 87b(3) authorization in good faith on equal and non-discriminatory terms, or that refuses to supply data the Ministry of Culture needs to set the fee.
- Rule
- Higher of
- As of
- Currency
- CZK
- Fixed cap
- 500,000
- Turnover percentage cap
- 1
Who enforces it
Enforcement body
Obecni urad obce s rozsirenou pusobnosti (municipal authority with extended competence, in delegated state administration)
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does a headline with a snippet of a given length fall within 'velmi krátkých úryvků' in § 87b odst. 8 autorského zákona, when the statute sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'užití online' of a press publication in § 87b odst. 4 písm. a), the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publisher established in an EU or EEA member state holds the exclusive right to reproduce its press publication and make it available online, and an information-society service provider needs the publisher's authorization before using it, per Section 87b(3)-(4). The right does not reach an individual private user's non-commercial use, a bare hyperlink, or the use of single words or very short, insignificant extracts, per Section 87b(8).
It lasts two years from the publication's release, per Section 87b(6). A service provider negotiating the required authorization must deal with the publisher in good faith on equal and non-discriminatory terms and pay a reasonable fee, per Section 87b(9); if the parties cannot agree a fee within 60 days of the start of negotiations, either side may ask the Ministry of Culture to set it, per Section 87b(11)-(12).
A service provider that fails to negotiate in good faith or refuses to supply the data the Ministry needs to set the fee commits an administrative offence the competent municipal authority may fine up to CZK 500,000 or 1 percent of the offender's total annual worldwide turnover, whichever is higher.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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