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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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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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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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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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Privacy and anonymization in repositories of grey literature
Koščík, Michal
Current trends in the case law of the Court of Justice of the European Union suggest that the person who systematically processes documents in a repository can be a qualified as a processor of personal data. The operator of the repository can therefore face requests for anonymisation, or removal of information contained in his metadata in order to protect ones personal data . This paper aims to describe real life scenarion that can occur and provide instructions on how to proceed in similar cases.
Fulltext: idr-805_4 - PDF
Slides: idr-805_1 - PDF; idr-805_2 - PDF
Video: idr-805_3 - MP4
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Publishing Grey Literature in On-Line Repositories (Copyright Law Perspective)
Šavelka, Jaromír ; Koščík, Michal
The aim of the paper is to provide easy-to-follow guidelines to determine if a document can be published in an on-line repository. It is suggested that the process of evaluation can be formalized to such a degree that the process would be carried out by a non-lawyer. There is a group of rather trivial properties that should decide to which regime the work should be assigned. The presentation outlines the basic principles of the evaluative process which is represented by a tree-like structured set of simple questions. Thus, the presentation generally assesses which properties should a work have in order to be eligible for being made available by a means of an online repository.
Fulltext: nusl-_3 - PDF
Slides: nusl-_2 - PDF; nusl-_4 - PDF
Video: nusl-_1 - MP4
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