Legal Aspects of Creative Commons Licenses within the Czech legal order



Similar documents
FOR INFORMATION PURPOSES ONLY

PUBLIC LICENSES, GREY LITERATURE AND RESEARCH DATA

CZECH REPUBLIC ACT ON BONDS

P R O T O C O L. The State Attorney's Office of the Republic of Croatia and the Prosecutor's Office of Bosnia and Herzegovina (hereinafter: Parties)

AGREEMENT ON ACCESSION OF THE REPUBLIC OF BULGARIA TO THE CENTRAL EUROPEAN FREE TRADE AGREEMENT

Home Savings Act. The Slovak National Council has approved the following Act: P A R T O N E. Basic Provisions. Article 1

Chapter Two Procedure on the Application for an Invention

Act on Insurance Mediation and Reinsurance Mediation

BUSINESS TERMS AND CONDITIONS FOR USE OF MONKEYDATA SERVICE

KAZAKHSTAN LAW ON JOINT STOCK COMPANIES

DECISION No EX 03-1 OF THE PRESIDENT OF THE OFFICE. of 20 January 2003

SHARE HANDLING REGULATIONS. April 1, 2012

CONTENT OF THE AUDIT LAW

PRODUCT BUSINESS TERMS AND CONDITIONS FOR LOANS OF UNICREDIT BANK CZECH REPUBLIC AND SLOVAKIA, A.S.

R E P U B L I C O F A R M E N I A LAW ON BANKING SECRECY

General Contractual Terms and Conditions of KRÁLOVOPOLSKÁ SLÉVÁRNA, s.r.o.

PUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE

Copyright 2013 wolfssl Inc. All rights reserved. 2

GRTGAZ NETWORK TRANSMISSION CONTRACT

GENERAL CONDITIONS OF SUPPLY

NATURAL GAS STORAGE LICENCE GRANTED TO [MARATHON OIL IRELAND LIMITED]

Agreement on the Registration of Security Issues in Central Securities Register

SharePoint Hosting. AGREEMENT on SharePoint Hosting use

(The texts printed in grey refer to articles from the Higher Education and Research Act (Dutch abbreviation: W.H.W.))

Rules of the prize contest titled "Electronics for every day!"

General Terms and Conditions

Trade Secrets and Unfair Competition Law Law No. 15 for the Year *

TERMS AND CONDITIONS FOR BUSINESS PARTNERS:

ASV výrobní družstvo, Školní 71, CZ Solnice. General Commercial Terms and Conditions No. 1.1

REGULATION ON ORDER EXECUTION POLICY OF BROKER-DEALER COMPANY TESLA CAPITAL A.D. BELGRADE

General Terms and Conditions of Business for the online store of H. Stoll AG & Co. KG

The Czech National Bank s Terms and Conditions for Maintaining Current Accounts in Czech Korunas for Foreign Financial Institutions of

ELECTRONIC SIGNATURES AND ACTS IN ELECTRONIC TOOLS USED IN PUBLIC PROCUREMENT MICHAELA POREMSKÁ *

GUIDELINES TO APPLICATION FOR TELECOMMUNICATION DEALER S LICENCES

LAW ON PAYMENT SERVICES

EXCLUSIVE AGENCY CONTRACT

(type A2) (hereinafter: Agreement )

Masaryk University Library Rules

SALES REPRESENTATIVE AGREEMENT

ACT. of 22 May on insurance mediation 1. Chapter 1. General Provisions

PRODUCT BUSINESS TERMS AND CONDITIONS FOR TRADING IN DOMESTIC SECURITIES OF UNICREDIT BANK CZECH REPUBLIC AND SLOVAKIA, A.S.

Law on the Takeover of Joint Stock Companies

AIA Document A310 TM 2010

Market Conduct Regulations

2.1 The Parties hereby acknowledge that this Agreement shall be concluded by implicit conduct of the Parties without signing the Agreement.

TERMS & CONDITIONS (2015) COMPLETE WEBSITE WORKS

The National Council of the Slovak Republic has adopted the following Act: Article I. 1 Scope of the act

How To Use Nordea Internet And Telephone Banking

The Czech National Bank s Terms and Conditions for Maintaining Current Accounts in Czech Korunas for International Institutions

SECTION 403(b) TAX-DEFERRED ANNUITY PROGRAM ADMINISTRATIVE SERVICES AND HOLD HARMLESS AGREEMENT

CONTRACT FOR CONSULTANCY SERVICES. Section 1 Form of Contract

HAPTICATHON Regulations. (hereinafter referred to as the Regulations )

Foreign Exchange Inspection Manual

LAW ON PLEDGE OF MOVABLE ASSETS REGISTERED IN THE PLEDGE REGISTRY I. GENERAL PROVISIONS

ACT ON COLLECTIVE INVESTMENT

AGREEMENT UPON ADMISSION TO DOCTORAL PROGRAM INTRODUCTION

Privacy in Surveillance Systems in Banking and Finance Call Centers

POLICY ON SECURITIES TRADING

RS Official Gazette, No 38/2015

Decision of the Director of ECDC on the Centre s Copyright policy/ Copyright licensing policy/ Copyright notice

CALL FOR SUBMISSION OF PROJECTS IN OP RDI Strengthening Research Capacities of R&D Centres

MODEL INTELLECTUAL PROPERTY POLICY FOR UNIVERSITIES AND RESEARCH INSTITUTIONS

2. The aims of this enhanced service in 2013/14 are to encourage GP practices to:

SAMPLE CONSULTANCY AGREEMENT. Name here (Hereinafter referred as the Company) Name here (Hereinafter referred to as the Consultant)

China Customs Notice 36

SHARE HANDLING REGULATIONS


Independent Affiliate Contract

14. CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS 1. (Concluded 15 November 1965)

Distribution Agreement for the ENC Service by and between Norwegian Hydrographic Service and. Agreement No.:.. Version No.: 1.0

DECISION OF THE SELECT COMMITTEE OF THE ADMINISTRATIVE COUNCIL of 15 December 2015 adopting the Rules relating to Fees for Unitary Patent Protection

[This translation is provided for guidance. The governing text is the Arabic text.] Form of Consultancy Engineering Services Contract (Supervision)

COLLEGE POLICY. Employment Related POLICY TITLE: POLICY TYPE: Intellectual Property POLICY NO.: EMPL-306 RESPONSIBILITY:

Limited Liability Companies Act Finland

Implementation Guidelines The SESAMI program of the Graduate School of Business Administration, Kobe University

E-Zec Medical Transport Services Ltd

The National Library of Ireland Terms of Use of Material made available on registers.nli.ie

NUMBER: Policy on Intellectual Property

Online Trading Platform Conditions and Review of the Bank

MINES ACQUISITION (SPECIAL PROVISIONS) 28 of 1970 Statutory Instruments 162 of of 1970

Smart Meters Programme Schedule 2.6. (Insurance) (CSP North version)

THE CENTRAL BANK OF ARMENIA BOARD RESOLUTION

COMPULSORY INSURANCE IN SERBIA

CHARTER OF THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF MGM RESORTS INTERNATIONAL OVERALL MISSION

General Commercial Terms For Contracts on Internet Advertising

Terms of Use & Privacy Policy

CIVIL CODE OF THE RUSSIAN FEDERATION

Conditions for the Provision and Maintenance of Software

Art Institute Intellectual Property Policy (MAY 2013)

1.1 Certain software, known as SOFTWARE, was developed at STANFORD with grant support from the U.S. Government.

General Terms and Conditions of Business of e-spirit AG

Notification Form for General Authorisation Provision of Electronic Communications Networks and / or Services

GENERAL TERMS OF CONTRACT FOR THE USE OF THE ONLINE OFFICE

DECREE No. 474/2013 Coll. of 23 December 2013

Supported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys.

Terms and Conditions for Embedded Software Products and Embedded Software Services

RULES on the promotion of employees of the University of Maribor to salary grades. (scope)

General Conditions of Business INET-CASH with Webmaster. (As of August 09, 2013)

Trial Period License Agreement

ON CIRCULATION OF CREDIT INFORMATION AND ACTIVITIES OF CREDIT BUREAUS THE REPUBLIC OF ARMENIA LAW

Transcription:

Legal Aspects of Creative Commons Licenses within the Czech legal order 3rd Seminar about the Access to Grey Literature 8. 12. 2010, Brno

2 Speakers Mgr. Michal Koščík Institute of Law and Technology Faculty of Law, Masaryk University Email: michalkoscik@gmail.com Mgr. Jaromír Šavelka Institute of Law and Technology Faculty of Law, Masaryk University Email: jaromir.savelka@law.muni.cz

3 Legal Aspects of Creative Commons Licenses within the Czech legal order OVERVIEW OF THE PRESENTATION

4 Overview of the Presentation CC Licenses in the Czech Republic Legal background Translation and implementation of the CC Licenses Identification of the related legal issues The issues regarding the licensing of the works Employee work, works for contract Possible approaches to CC licensing Gung ho approach Informed author approach Institutional approach

5 Legal Aspects of Creative Commons Licenses within the Czech legal order CC LICENSES IN THE CZECH REPUBLIC

6 License Agreement with an indeterminate circle of persons Sec. 46 of the Czech Copyright Act (5) An offer to enter into an agreement is involved even in the cases where the declaration of will is addressed to an indeterminate circle of persons. (6) With respect to the content of the proposal or to the practice introduced between the parties, or with respect to the generally established practice, the person to whom the offer to enter into an agreement is addressed may express his consent with the offer by carrying out an act without notifying it to the offering party, such an act being based on the offered agreement including, but not limited to the provision or acceptance of a discharge.

7 Legal Aspects of Creative Commons Licenses within the Czech legal order IDENTIFICATION OF THE RELATED LEGAL ISSUES

8 Legal Issues Exclusive licenses Employee works Works contracts etc.

9 Exclusive License Sec. 47 of the Czech Copyright Act (1) A licence may be granted as an exclusive licence or a non-exclusive licence, unless otherwise provided in a special legal regulation. Unless otherwise follows from the agreement, it shall be deemed that the licence is non-exclusive. (2) In the case of an exclusive licence, the author may not grant the licence to any third party and shall, unless agreed otherwise, refrain from exercising the right to use the work in the same way to which he granted the licence.

10 Employee Work Sec. 58 of the Czech Copyright Act (1) Unless otherwise agreed, the author s economic rights to a work created by the author in fulfilling his duties arising from the employment or civil service contract with the employer or from an employment relationship between a cooperative and its member (hereinafter referred to as employee work) shall be exercised by the employer in his own name and on his own account. The employer may only assign the exercise of the right pursuant to this paragraph to a third party with the author s consent, unless this occurs when an undertaking or any part thereof is being sold.

11 Works Contract Sec. 61 of the Czech Copyright Act (1) If a work is created by the author on the basis of a contract for work (a work created to order), then, unless otherwise agreed, it shall be deemed that the author has granted a licence for the purpose following from the contract. Unless otherwise provided in this Act, the customer may only use the work beyond such a purpose on the basis of a licence agreement.

12 Legal Issues Exclusive licenses Employee works Works contracts etc.

13 Legal Aspects of Creative Commons Licenses within the Czech legal order POSSIBLE APPROACHES TO CC LICENSING

14 Možnosti přístupu při užívání volných licencí Gung ho Approach (Example: creativecommons.cz) Informed Author Approach (Example: commons.wikimedia.org) Institutional Approach (Example: thesis.cz)

15 Legal Aspects of Creative Commons Licenses within the Czech legal order SUMMARY OF THE PRESENTATION

16 Shrnutí Creative Commons licenses in the Czech Republic Legal issues Possible approaches to CC licensing

Thank you for your attention! Time for a discussion jaromir.savelka@law.muni.cz michalkoscik@gmail.com