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Exceptions for Cultural Heritage Institutions under the Copyright Directive in the Digital Single Market
Koščík, Michal ; Myška, Matěj (spoluautor prezentace)
On the 17th of April 2019, the EU Directive 2019/760 on copyright in the digital single market entered into force. The directive responds to the development of digital technology that enabled new uses of copyrighted works. The paper focuses on the exception for making copies of works by cultural heritage institutions (introduced it the Art. 6) and rules for using available out-of-commerce works (described in the Art. 8). The two legal concepts described above are selected for further analysis due to their relevance for the day-to-day operation of every library, archive or repository.
Fulltext: Koscik_fulltext -  PDF
Slides: Koscik_Myska_presentation_EN - PDF; Koscik_Myska_prezentace_CZ - PDF
Video: Myska_Koscik_video -  MP4
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Impact of the Directive on Copyright in the Digital Single Market on Libraries and Repositories
Myška, Matěj
For libraries and repositories, the articles regulating new exceptions and limitations are the most relevant in the newly adopted Directive on Copyright in the Digital Single Market. This contribution however will focus on other provisions (in particular measures to achieve a well-functioning market for copyright, i.e. Article 17, concerning the use of protected content by online content-sharing service providers and Article 15 on protection of press publications). The paper gives an overview and a critical analysis of the potential impact of these provisions and explores the possibilities of the Czech legislator in their implementation.
Slides: Myska_presentation_EN - PDF; Myska_prezentace_CZ - PDF
Video: Myska_video - MP4
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Legal Framework for Digitalisation and Storage of Digital Works by Public Archives
Koščík, Michal
The paper aims to provide a practical overview of the legal framework for the digitization of copyright works, which are a part of the collections and archives of public and general-interest institutions. The paper also focuses on the legal framework on using digital copies of works, which exist exclusively in digital form (i.e. they cannot be digitized) and for which there is a public interest in their preservation. The paper analyses copyright exemptions under current legislation and the possible evolution of the legal framework for digital archives within the framework of the forthcoming EU Single Digital Market Regulation.
Fulltext: Fulltext_Koscik_EN - PDF
Slides: prezentace_Koscik_CZ - PDF; prezentace_Koscik_EN - PDF
Video: NUSL2018-Koscik - MP4
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Providing Public Access to Theses and Copyright Law
Myška, Matěj
The paper presents a basic overview of the issue of providing access to theses from copyright’s perspective. The first part introduces the meaning and purpose of this copyright limitation as well as the development of legal regulation. Attention is paid to the identification of individual interests that might conflict due to its application. The second part deals with the current legislation and identifies its problems, especially the ones related to providing online access to theses. The last part proposes possible solutions to these problems.
Fulltext: Fulltext_Myska_EN - PDF
Slides: prezentace_Myska_CZ - PDF; prezentace_Myska_EN - PDF
Video: NUSL2018-Myska - MP4
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Orphan works and out-of-commerce works after the copyright act amendment
Myška, Matěj
The proposed contribution will focus on the changes brought by the last major amendment to the Czech Copyright Act (Act No. 102/2017 Coll.) for the GLAM sector. Specifi cally, it will focus on the issue of orphan works and out-of-commerce works. This contribution shall undertake a basic analysis of the new legal regulation, present its limits and its impact on the practice. Attention will be also paid to the forthcoming changes in this area in the legal acts of the European Union, in particular the proposal for a Directive on copyright in the digital single market.
Fulltext: Fulltext_Myska_EN - PDF
Slides: prezentace_Myska_CZ - PDF; prezentace_Myska_EN - PDF
Video: NUSL2017-Myska - MP4
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Institutional Rules and Policies for sharing and storing research data
Koščík, Michal
The paper aims to provide participants with a practical view on how to adapt the internal policies of research institutions to the upcoming General Data Protection Regulation. Since the Regulation enters force six months after the conference takes place, it can be expected that this issue of readjustment of internal processes to GDPR will be very important for majority of conference participants. With regard to the time and space limit, the paper will focus exclusively on the issues connected with archiving and sharing research data. Emphasis will be put on the rights of research subjects and the public interest in research as an entitlement to process of personal data without consent.
Fulltext: Fulltext_Koscik_EN - PDF
Slides: prezentace_Koscik_CZ - PDF; prezentace_Koscik_EN - PDF
videozáznam: NUSL2017-Koscik - MP4
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General Data Protection Regulation and its Impact on Grey Literature
Koščík, Michal
In April 2016, the European commission adopted a new General Data Protection Regulation. This regulation is based on fundamental principles of the existing legislation and elaborates it further into the set of rather detailed legal instructions. The suggested paper aims to summarize the parts of the new regulation that are most relevant for operators of gray literature repositories, who will have to adapt within the next two years. The paper will focus on the issues of consent to the processing of personal data, the legal regime of processing personal data without the consent of the data subjects, the data subject’s right to information as well as the legal regime of acquisition of personal data by third parties and exercise of the newly formulated right to be forgotten.
Fulltext: idr-1039_1 - PDF
Slides: idr-1039_2 - PDF; idr-1039_3 - PDF
Video: idr-1039_4 - MP4
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Text and Data Mining of Grey Literature for the Purpose of Scientific Research
Myška, Matěj
The paper explores the legal possibilities of users to text and data mine repositories of grey literature for scientific research without the consent of the GL repository operator and right holders of the documents contained therein. Firstly the scope of the respective copyright and sui generis database rights exceptions for scientifi c research is analyzed. Secondly the term “scientific research” and its meaning in the regulatory instruments is explored. Lastly the debated mandatory exception for TDM for scientific research is introduced.
Fulltext: idr-1037_3 - PDF
Slides: idr-1037_1 - PDF; idr-1037_2 - PDF
Video: idr-1037_4 - MP4
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How to divide the responsibility for a repository between employer and employee
Koščík, Michal
Each research institution that operates a repository has to make a decision whether to allow all its employees to upload their own work or whether to create a special organizational unit that will review and approve each file shared via repository. This dilemma is accompanied with another important decision that an institution needs to make. Should the institution let its employees to distribute their works to whichever recipient they deem appropriate, or should it apply a managing approach to publication activities? The post will outline legal challenges of both approaches. The ultimate objective is to give practical recommendations on how to divide liability for data in repository between the employee and employer.
Fulltext: idr-938_3 - PDF
Slides: idr-938_1 - PDF; idr-938_2 - PDF
Video: idr-938_4 - MP4
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Legal aspects of primary scientific results
Myška, Matěj
This contribution focuses on the legal aspects of raw grey literature that is understood as yet to be published, interim or incomplete scientific results like raw primary data or drafts of scientific articles. Specifically the contribution deals with two problematic areas: 1) liability for damages resulting from inadequate (or even forbidden) use of the results and possibilities of limitation thereof; 2) ownership of such grey literature and contractual possibility to dispose therewith after it has been offered to official publication (i.e. the copyright issues of pre-prints, post-prints and publisher’s edition).
Fulltext: idr-934_3 - PDF
Slides: idr-934_1 - PDF; idr-934_2 - PDF
Video: idr-934_4 - MP4
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