Publication details
The Czech Transposition of Article 15 CDSM: How Snippets Were Shut Down
| Authors | |
|---|---|
| Year of publication | 2025 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The presentation examines the Czech implementation of Article 15 of the Directive (EU) 2019/790 on Copyright in the Digital Single Market (CDSM Directive). Act No. 429/2022 Coll. introduced Section 87b into the Czech Copyright Act, establishing a new exclusive right for press publishers and embedding negotiation duties between publishers and online platforms. The analysis outlines the structure and characteristics of this right, its relation to pre-existing Czech publisher rights, and key omissions of the Czech legislator, notably the absence of an explicit public domain safeguard and private copying exception. Special attention is given to the snippet exception, Google’s initial withdrawal of snippets, and the subsequent restoration after licensing agreements in 2023–2024. The Czech model was inspired by French competition law practice, adopting FRAND-style negotiation rules, but delegated enforcement to municipal authorities rather than the competition authority, raising institutional concerns. The presentation concludes that the Czech transposition is ambitious on paper but suffers from structural weaknesses in enforcement and institutional design. |
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