National Repository of Grey Literature 63 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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...
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...
Private law aspects of trademark protection
Beňasová, Kateřina ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Název rigorózní práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Private law aspects of trademark protection Abstract This thesis focuses on law of designations in a form of trademarks. Historically, trademark law could be classified as public law rather than private law, however recently the perception has changed as legal doctrine observes developing private law aspects. This thesis centres on private law aspects of trademark law, in particular private law aspects of trademark protection. Its aim is to provide complex overview of means of trademark protection from private law point of view. Relevant provisions include exclusive private rights of trademark's owner and their protection. The owner can protect their rights in various means. First of all, as detailed in the second chapter, the owner of a trademark can prevent future trademark from registration with the trademark registry through filing an objection to opposition proceedings held before Industrial Property Office, provided the future trademark contradicts the older one. Through such objection the owner usually protects their older trademark before registration of new trademark (which would harm their trademark's distinctive character or which would unfairly exploit it) with the trademark registry....
Domain disputes
Askinová, Deniz ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Domain disputes Abstract This rigorous thesis named "Domain disputes" deals with today's topical issues. It is divided into three chapters. In the first chapter, I will try to shed light on the "domain name, its legal and technical limitations and principles of its registration". Domain name limitations from the legal point of view represent the nature of a domain name in the Czech Republic. Domain name is perceived to be an object, as absolute and relative right or as other property value. From the technical point of view it is a structure and categorization of domain names into top level domains, secondary domains and tertiary domains or sub-domains. The most important and principal part of this thesis is contained in its second and third chapter "Settling domain name disputes, including settling of domain name disputes by extra- judicial authorities". Here I deal with the various forms of misuse of domain name, dispute-solving possibilities in respect to domain names in the Czech Republic both in extra-judicial way and in alternative solutions. The second chapter of this thesis dealing with "settling domain name disputes" targets the forms of domain name abuses, registration of domain names with speculative intentions, when the aim is to subsequently transfer domain names at a profit. It is these...
Photograph as the copyright and copyright protection of photographer
Pavelcová, Andrea ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The objective of the master's thesis called 'Photograph as the copyright and copyright protection of photographer' is to describe the basic foundations and characteristics of the current regulation of copyright work, specifically of photography. The Czech legal system do not contain a complex regulation of photography; therefore, the thesis deals with the individual aspects of copyright law related to the characterisation of photographs as a copyright work, the rights of photographers or their rights related to the protection of their copyright. The thesis is based primarily on copyright law commentaries, copyright regulation on the Czech, international and European level and on the decisions of both Czech and foreign courts due to rapid development of copyright law in the information society and the inflexibility of the current legislation. Due to the author's interest in photography, the thesis is enriched with personal observations from her own experience with photography. The thesis is divided into seven chapters. The first deals with the general description of copyright, its principles, basic concepts and the moment of copyright formation. Chapter two focuses on photography and discusses the subject of copyright protection. Chapter three deals with authorship of photography, defines under...
Collective administration of copyright and neighbouring and relating rights
Rychtářová, Kamila ; Wünschová Pujmanová, Alexandra (advisor) ; Císařová, Zuzana (referee)
- Collective administration of copyright and neighbouring and related rights Key words: collective administration (kolektivní správa); copyright (autorské právo) This thesis is focused on the collective administration of copyright and neighbouring and related rights performed in accordance with Act No. 121/2000 Coll., on Copyright, as amended (the "Copyright Act"). I have chosen this topic for my thesis because I am interested in collective administration and because it is up-to-date topic for its close relation to the development of new ways of creation, production and use of works, to the mass use of computer and communication networks and also to the on-line sharing of works through the internet. The purpose of my thesis is to provide explanation of the collective administration and focus on certain issues which are not yet solved by the legal regulation and are not consistently interpreted by legal experts. This thesis is composed of nine chapters, in which I address to the concept, function and history of the collective administration. Further, I describe the institute of the collective administration, i.e. prerequisites and method of grating license for its operation and supervision over its operation. I also mention which rights is the collective administrator entitled to administer and how...
The concept of public in copyright law
Moravcová, Anna ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The thesis provides an overview and analysis of the concept of public in copyright law. The thesis begins by explaining the international, European and Czech regulation. The thesis highlights areas where is a need for a specific interpretation of the notion of the public - particularly the publication of the work and the right to communicate the work to the public. A substantial part of the thesis is devoted precisely to the right of the communication to the public. The thesis discusses the areas of use of work that appear to be borderline in terms of assessing whether they are private or public, for example use in offices, in public establishments, in taxis, in public transport, in hotel rooms, or on the Internet. The thesis focuses to the foreign national legislation and case law and the case law of the Court of Justice of the European Union, which is crucial for interpreting of the term of public in EU member states.
The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Hrnčiříková, Klára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Internet and Copyright - the Scope of Liability of Individual Parties and Ways of Protection against the Piracy Abstract The aim of this thesis is to provide a comprehensive view of selected issues related to the internet, including both the technical and legal view, and copyright, including it`s history within the European continent. The thesis also deals with the liabilitiy of individual parties involved with the emphasis on the liability of the information service providers. This chapter also includes an assessment of existing national and European legislation in the light of settled case law of European courts. In conclusion, the current internet piracy practices are mentioned, including it`s further direction, institutions dealing with anti-piracy activities and reflection on the effective fight against this kind of infringement. The thesis is therefore divided into four chapters dealing with (i) the internet, (ii) copyright, it`s brief history and legal sources, (iii) liability of individual parties involved, and (iv) internet piracy. Key words: copyright, copyright infringment, liability
Non-contractual legal institutions of the use of copyrighted work
Kalányos, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- ENGLISH The content of this thesis is aimed towards the interpretation of the so-called non- contractual legal institutions of the use of copyrighted work. These institutions represent such legal tools, that exceptionally allow individuals different from the author to exploit copyrighted work with no dependence on the author's permission or will. The text of the work is divided into four main chapters. For introduction into the matter, the opening part is dedicated to the explanation of the term copyright law, its position in the Czech legal system and the main principles it lies upon. This broad explanation is subsequently followed by definition of its fundamental terms - author's work and its use. The crucial part of the work lies in the fourth chapter, which bears the same title as the work itself. The structure of this chapter follows the organisation of the Czech Copyright Act. After description of the free work, the paper gets to the interpretation of individual exemptions and limitations to copyright, thus the institutes of free use and statutory licences. In relation with the matter of exemptions and limitations to copyright, the work does not forget to deal with their key tool, the Three-Step Test, and its related significant interpretation performed by The Dispute Settlement Body at...

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