الجمهورية التشيكية

Copyright Act, Art. 25(1)(b); Decree to the Copyright Act No. 488/2006 Coll., Art. 5(2), 6; Directive 2001/29/EC, Art. 5(2)(b)

The exception for "mobile phones", provided for in Art. 6(2) of the Decree No. 488/2006 Coll. implementing the Copyright Act, from the scope of devices for making reproductions must be interpreted in a way that achieves equal treatment when dealing with comparable types of products. Therefore, this exceptions may only apply to such products which, in their normal use, serve to make private reproductions of recordings of works [in accordance with Article 30(2) of the Copyright Act and Art. 5(2)(b) of the Directive 2001/29/EC] only to a minimal extent, with the result that the prejudice to authors (their legitimate interests) by such use (taking into account a certain unavoidable degree of lump-sum generalisation of such link) is also minimal, which is usually rather the case of the initial form of (so-called button) mobile phones.

Thus, marketing of smart mobile phones is subject to payment of remuneration for making private reproductions of works according to Art. 25(1)(b) of the Copyright Act [Art. 5(2)(b) of the Directive 2001/29/EC].