Autorský zákon, TDM Exception (Aggregation)
Act 185/2015 Coll., s. 51c (as amended by Act 71/2022 Coll.), aggregation
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
- Before text-and-data mining a work, check whether the rightsholder has expressly reserved that use, and do not mine the work if it has (s. 51c).NIST AI RMFMAP 4.1
- You may reproduce a work for text-and-data mining without the author's consent where the rightsholder has not expressly reserved that use (s. 51c).
- Keep a reproduction made under the exception only for as long as the mining requires it (s. 51c).no control in the NIST AI RMF
- If you are a library, archive, museum, school or statutory depositary mining for research, you may do so under a separate exception that carries no reservation condition (s. 51b).
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, 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
Who enforces it
Settledness
- As of
- Open questions
- What makes a use 'výslovne vyhradené' under § 51c ods. 1 of the Autorský zákon, and does a robots.txt directive or a notice in a site's terms of use qualify?
- Does the training of an LLM-based chatbot count as reproduction 'pri čerpaní údajov' in § 51c ods. 1, the question referred to the Court of Justice in Case C-250/25?
What this law does
Section 51c, inserted by Act 71/2022 Coll. transposing Article 4 of the EU Digital Single Market Copyright Directive, does not require an author's consent to reproduce a work for text-and-data-mining, unless the rightsholder has expressly reserved that use. A reproduction made under the exception may be retained only for as long as the mining requires it.
Section 51b gives a library, archive, museum, school, or statutory depositary a separate, unconditional exception for text-and-data-mining carried out for research.
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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