Czech Republic has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Section 38a of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for temporary acts of reproduction that are transient or incidental and represent an integral and essential part of a technological process, have no independent economic significance and whose sole purpose is to enable: i) transmission of the work by an intermediary between third parties through a computer network or any other similar network; or ii) lawful use of a work.

Implementation details:

Beneficiaries:

• intermediaries (transmission through a computer network)
• any user (lawful use)

Purposes:

• transmission in a network by an intermediary between third parties
• other permitted uses

Usage:

• temporary acts of reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the nature of reproductions must be transient or incidental
• the reproductions must be an integral and essential part of a technological process
• the reproduction must have no independent economic significance

Introduced/last updated: 22 May 2006

Remarks: The exception extends to performers' (§ 74), phonogram producers' (§ 78), film producers' (§ 82) and broadcasters' rights (§ 86), but does not extend to database makers' (§ 94) rights.