Disclaimer

Confirmation of declaration of non-infringement of the potential co-authors’ rights by storing and making the output accessible in the repository

According to Act No. 121/2000 Coll., on copyright, on rights related to copyright, and on amendments to certain acts, as amended (the "Copyright Act"), in the case of co-authorship, each of the co-authors has equal rights to the co-authored work. Therefore, all co-authors must give their consent to any disposal (including the storage and access to the work in a repository) of the co-authored work. However, this does not apply if the work has already been published in open access mode (such work can be shared without restriction under the terms of the relevant public licence) or if the economic rights to the work are exercised by a person other than the authors (typically an employer or publisher).

By storing and making the full text of the output (co-authored work) accessible in the repository without the consent of one of the co-authors in the case where this consent is necessary to obtain, the copyright of this co-author is thus infringed. The co-author may subsequently seek protection of their rights by means of a private action in accordance with Sec. 40 et seq. of the Copyright Act. Specifically, the co-author may seek, for example, prohibition of the unauthorised communication of the work to the public or the provision of adequate compensation. Administrative liability for misdemeanour under Sec. 105a of the Copyright Act, or in the extreme case, criminal liability under Sec. 270 of Act No. 40/2009 Coll., the Criminal Code, as amended, may also be considered.

Confirmation of non-infringement of the rights of the publisher or a third party

Upon confirmation that by storing and making the full text of the work accessible in the repository you do not infringe the rights of the publisher or any other third party, you confirm that this action does not violate the terms of the licensing or other agreement. Thus, in the event that a licensing agreement with the publisher or another agreement concerning the use of the work has been concluded, it is crucial to make sure that storing and making the work accessible in the repository does not violate the terms and conditions of this agreement.

Storing and making the full text of the output accessible in the repository in violation of the terms of the contract would constitute infringement of the rights of the other party to the agreement. If the other party was to suffer damage as a result of this action, they could subsequently seek compensation for damages caused by the breach of contractual obligation by way of a private action in accordance with Sec. 2913 of Act No. 89/2012 Coll., Civil Code, as amended. Administrative liability for misdemeanour under Section 105a of the Copyright Act, or in the extreme case, criminal liability under Sec. 270 of Act No. 40/2009 Coll., the Criminal Code, as amended, may also be considered.