Czech Republic has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in §31(1)(c) and §35(2) of the Copyright Act. The national exception closely resembles the EU exception.

Implementation summary:

Czechia has a general exception allowing any uses of protected materials in teaching or in scientific research (§31(1)(c)) and one exception allowing any uses of protected materials in school performances (§35(2)). Both exceptions are open to all users and none is subject to compensation.

Implementation details:

Beneficiaries:

  • any users

Purposes:

  • teaching for illustration, with no direct or indirect economic or commercial benefit
  • scientific research, with no direct or indirect economic or commercial benefit
  • use in school performances in which pupils, students or teachers of a school or educational establishment perform exclusively

Usage:

  • any uses

Subject Matter:

  • works
  • performances
  • sound recordings
  • film fixations
  • broadcasts

Compensation:

  • does not require the payment of compensation

Attribution:

  • no attribution required

Other Conditions:

  • quantitative limitations: does not exceed the scope of the intended purpose (general exception)
  • 3-step test: uses of works must not conflict with a normal exploitation of the work and not unreasonably prejudice the legitimate interests of the author

Introduced/last updated: 27 February 2021

Remarks: §74 makes the education exception applicable mutatis mutandis to performances and sound recordings; §78 makes the education exception applicable mutatis mutandis to performances and sound recordings; §82 makes the education exception applicable mutatis mutandis to film fixations; §86 makes the education exception applicable mutatis mutandis to broadcasts