14. 1. 2026

Czech Supreme Court: Statutory Remuneration for Private Copying Applies also to Smartphones. The judgment of the Supreme Court regarding statutory remuneration under the Copyright Act was published in the Collection of Judicial Decisions and Opinions under No. 39/2025. In its judgment No. 23 Cdo 1048/2023, dated 31 October 2024, the Supreme Court ruled that smartphones are subject to the obligation to pay statutory (levy-based) remuneration under the Copyright Act, notwithstanding the current wording of the implementing Decree No. 488/2006 Coll., which provides an exemption for mobile phones. The Supreme Court emphasized that modern phones are multi-functional devices capable of storing copyrighted works; therefore, the Decree must be interpreted in conformity with EU law (specifically the principle of fair remuneration under Directive NIS2). Sellers and importers are now obliged to provide data on sold devices with internal memory, which serves as the basis for calculating "private copying" levies. The exemption remains applicable only to basic devices with minimal reproduction capabilities.