National Repository of Grey Literature 155 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Voráčková, Klára ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
1 Abstract The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy The main purpose of this diploma thesis is to evaluate the current state of the legal regulation of copyright in relation to the responsibility for violation of such law in the Internet environment. The thesis contains a list of valid Czech and European legal standards and a list of international treaties affecting the topic. I have also analyzed the responsibility for copyright infringement on the Internet in the light of primarily European case law. Given the so-called Europeanization of law and its impact on copyright law, European case law has a great significance also for the decision- making of Czech courts. I chose the topic of my thesis because the connection between law and the Internet appears to me as interesting and this area is constantly evolving and changing, as the Internet itself has become an absolutely unpredictable area in terms of the number of active users. Another problematic and very interesting area is the conflict of features, namely the features of the Internet that are inherently non-border, and copyright, which is territorial. I have judged this conflict of interest in the light of both the offline and the online world, which addresses the wider...
Certain aspects of copyright in the digital single market of the European Union, current development
Kocarová, Klára ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
1 CERTAIN ASPECTS OF COPYRIGT IN THE DIGITAL SINGLE MARKET OF THE EUROPEAN UNION, CURRENT DEVELOPMENT ABSTRACT This rigorosum thesis "Certain aspects of copyright in the digital single market of the European Union, current development" concerns with the modernization of copyright within the EU. The main target of this thesis is to introduce and critically analyze selected articles of the proposal for a directive COM (2016) 593 final on copyright in the Digital Single Market (hereinafter referred to as the "DSM directive") in wording proposed by The / A Commission in September 2016 (the description of some omitted provisions are included) and subsequently compare them with the amendments of the European Parliament and its committees. Particularly by the presentation of the professional public's opinions, I examine whether the selected provisions are proportionate, appropriate and able to reach intended targets. In the situations where I find it problematical I deal with the questions of possible compatibility and coexistence of the proposal with the current legal framework in the future. The thesis is concerned with documents proposed by the EU within the program of modernization copyright since 2016 and reflects development of the DSM directive proposal until the end of November 2018 when the manuscript was...
The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark.
Kraus, Adam Daniel ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark Abstract This thesis presents an insight into the management of copyright in musical works, with particular focus on their use in provision of online streaming services, together with the discernment of the individual aspects of such management in the context of changes brought about by the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark. The aim of this thesis is to primarily describe the various models of copyright management and their importance for both the users of works and the right holders in the contemporary era of digital uses, and at the same time to analyse the individual legislative interventions into these models, confront them and infer possible de lege ferenda implications. The introductory part of the thesis also describes the streaming technology itself, especially with regard to its copyright aspects, whose grasp is essential for a proper description of the different modes of protection and application of copyright. The thesis is divided into eight chapters. The first chapter describes the historical development of copyright protection of works in the digital environment. The...
Collective management and use of copyright on the Internet
Sliwka, Rostislav ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Collective management and use of copyright on the Internet Abstract This thesis is dealing with two main areas. The first on is a concept of collective management, particularly the collective management of rights in musical works. At the beginning it is described as a general concept. More detailed aspects such as the inner organization of a collective society, its relations with another persons and entities and the exercise of collective management through setting tariffs, licensing and distribution of remuneration are explained thoroughly on the example of OSA. The difficulties for OSA in the field of extended collective licensing in connection with the royalty-free music are pointed out while describing the regimes of collective management. The second area is the use of musical works on the Internet with regards to collective management. At first, the terms Internet and Internet Service Providers (ISPs) are described. Closely analysed is a liability of these providers for the content online and limitation of this liability with so-called safe harbours. It is argued that these harbours need to be revised as it is shown on the example of YouTube. Focus then turns on the possible ways of using musical works online - downloading, streaming, linking, webcasting and simulcasting. The greatest attention is paid...
Protection of copyright and international Law
Rybář, Dominik ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Protection of Copyright and International Law Abstract The topic of the thesis is focused on currnet situation within the area of international copyright protection in connection with new technologies. Firstly, it points to differences in national and regional adaptations of legislation based on the principle of teritoriality typical for copyright protection. It defines the position of copyright within the framework of international law and within the system of intellectual property rights. It then presents the legislational framework of this area through the Berne Convention, the TRIPs Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO World Intellectual Property Organization. It then focuses on the regional area of the European Union, where it discusses the Copyright Directive in the Information Society and the currently prepared Copyright Directive in the Single Digital Market and discusses in more detail its controversial articles 11 and 13. In Its second part, the thesis aproaches concepts of copyright, the criterion of originality and uniqueness, dualism of copyright as divided to the economic and moral rights and the concept of employee works. This provides a theoretical basis for the following chapters to illustrate a possible copyright problem related to artificial...
Let's Play videos from the point of view of copyright law
Hálek, Jakub ; Žikovská, Petra (referee)
Let's Play videos from the point of view of copyright law Abstract This Master's Thesis examines Let's Play videos (that are a new but significant and popular part of the entertainment industry) from the point of view of copyright law, especially the Czech one. The view of the European Union law is of course not omitted. With respect to the global nature of the issue, the Thesis includes selected foreign legislation, case law and expert opinions. Since the issue of Let's Play videos is new and almost unexplored, this Thesis examines and defines not only Let's Play videos but also their creators. It also identifies sources of income from Let's Play videos, persons involved and their interests, which can collide with each other. Given the existential interdependence of Let's Play videos on videogames, this Thesis examines even some relevant copyright aspects of videogames. Besides the question of copyright classification of Let's Play videos, the Thesis also deals with not so obvious consequences of such classification. There are analyzed possible legal titles for the use of video games and their elements in the creation, publication and monetization of Let's Play videos as well. Subsequently, this Thesis also examines and analyses the current worldwide licensing practice in this field. Despite the fact, that...
Intellectual property and folklor
Müllerová, Martina ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
INTELLECTUAL PROPERTY AND FOLKLORE Abstract This thesis focuses on folklore within intellectual property law and examines current and suggested means of its protection. Although the notion of traditional cultural expressions is relatively new for jurisprudence, it quickly becomes significant, partly due to its political connotations. The first part introduces four essential terms: intellectual property, folklore, indigenous peoples and public domain. Furthermore, it describes notions of indigenous customary law and domaine public payant. The second part focuses on the relation between intellectual property and folkore. It discusses its nature and various interests that are linked to it. The same part looks at folklore as a cultural heritage of humankind. It also outlines main problematic uses of fokloric works and illustrates them with numerous examples. In the end it mentions so called WIPO Fact-Finding Missions. The third part looks at foklore in the framework of standard intellectual property law. It is divided into three chapters, namely Copyright, Industrial Property Rights and Other means of protection. The fourth part is dedicated to sui generis law. It provides an overview of attempts to amend conventional system of intellectual property law in order to better suit the needs of folkore. It presents...
Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...
Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems
Votava, Antonín ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems Abstract This thesis focuses on moral rights, which together with economic rights form one of basic ways how to divide copyright law. The primary function of moral (copyright) rights is to protect various rights of the author, which are not economic rights. In the introduction part of this thesis there are basic definitions and specifications of moral rights and their genesis in the continental legal system. The second chapter explains the different approach to moral copyright in the continental legal system and in the Common Law legal system, including a short historical excursion into those legal systems. The third chapter is briefly dedicated to the development of copyright law with the emphasis on moral rights during the 18th century, explanation of the difference between one-tier and two-tier approach to copyright law and certain issues regarding the territoriality of law. It also contains relevant legal acts that were in force in the Czech Republic during the 20th and partially during the 19th century. The fourth chapter consists of thorough explanation concerning each type of moral rights in the Copyright act that is currently in force in the Czech Republic. The fifth chapter is devoted to moral...

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