Belatedly, but still - will the 2022 amendment to the Czech Copyright Act improve copyright protection against illegal online sharing of content to the public from repositories?
Belatedly, but still - will the 2022 amendment to the Czech Copyright Act improve copyright protection against illegal online sharing of content to the public from repositories?

Author(s): Martin Boháček
Subject(s): Media studies, Law on Economics, Socio-Economic Research, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: amendment to the Copyright Act; "blocking authority"; copyright; copyright enforceability related rights; court decisions; EU SDM Directive; online content sharing service; online storage;
Summary/Abstract: At the end of 2022, the Czech Parliament adopted an amendment to the Copyright Act, implementing, inter alia, the EU Directive on copyright and related rights in the digital single market - the SDM Directive. The aim of this paper is to assess the possible improvement of copyright enforcement under this amendment in private law disputes between copyright holders and repositories that allow their users to communicate illegal content to the public. The paper compares the results of a micro-research of selected court decisions before and after the amendment. The question of establishing a special "blocking" authority that could effectively and quickly make illegal content in online platforms inaccessible, as it works in some EU countries, will also be considered. Other aspects of the amendment will not be discussed in the paper due to the necessary limitation of its scope. The author will rely on the method of qualitative analysis of the new legislation, case law and legal scholarship. The method of legal micro-comparison will be used for comparison with the existing practice.

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