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Theater Law
Šípal, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
v anglickém jazyce This thesis, while using the knowledge of legal theory, aims to offer a practical legal manual about theatre in Czech Republic well-arranged and understandable even for laymen in the field of both law and theatre. The first part provides a basic description of the intellectual property law, especially the copyright, which is the predominant legal branch in theatre practice. Historical sources of copyright in what is now Czech Republic are mentioned, considering the Theatre Acts which are no longer in effect, as well as international and constitutional bases for the current copyright legislation. Subsequently, the current copyright legislation is introduced with emphasis on explanation of some pivotal provisions of the Copyright Act. The second part defines some basic theatre concepts (such as "theatre play", "theatre production", "theatre performance" etc.) necessary for understanding the rest of the thesis. The third part analyses most frequent types of contracts in the theatre practice. That means the contract of employment and the difference between the employee and the self-employed, the license agreement and, last but not least, the contractor agreement. The fourth part presents the copyright works most commonly present in theatre environment, focusing on their specific...
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The current development of copyright law in the digital environment with the emphasis on the legislation of the EU
Tuček, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The current development of copyright law in the digital environment with the emphasis on the legislation of the EU Abstract This rigorous thesis follows up on the thesis from 2018 titled "Internet and Copyright", which generally dealt with the scope of copyright law in the internet environment and was concluded by a basic presentation of the forthcoming copyright reform in the Digital Single Market in the European Union. The goal of this thesis is therefore to reflect and analyze not only the result of this reform, which was completed in the meantime at the EU level and moved to the implementation phase at the level of the member states, but also other related developments that have taken place in the field of copyright in recent years, with relevance for the digital environment and information society in general. The thesis is systematically divided into two parts. The first, more general part creates the theoretical and legal basis of the thesis, in which the following interpretation is embedded. The first chapter thus briefly presents the basic theoretical-legal basis for copyright and the justification for its existence and offers an overview of its main legal sources relevant to the digital environment at three levels: international, EU and Czech. The second chapter deals with the general relationship...
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Legal aspects of providing on-demand audiovisual media services
Slováková, Monika ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
63 Legal aspects of providing on-demand audiovisual media services Abstract The aim of this thesis is to define and describe the legal aspects of the provision of one of the most popular information society services - on-demand audiovisual media service, also known as VOD (video on demand). The thesis introduces the most important legal institutes related to the provision of this type of services, interprets these institutes in the light of European legislation, identifies deficiencies in their regulation and looks for possibilities for de lege ferenda regulation. The main focus is put on the area of public law regulation, as the key Act No. 132/2010 Coll., on on-demand audiovisual media service, is a public law norm. However, a separate chapter is dedicated to some private law institutes as well, especially in the field of copyright. The main methodological approaches are the descriptive and analytical methods. The thesis is divided into five chapters, which are further subdivided into individual subchapters. The first chapter describes the development and reasons for the legal regulation and provides an analysis of the key terms of the thesis - on-demand audiovisual media service and its provider. The second chapter focuses on the obligations that the provider must comply with in relation to the content...
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Legal Aspects of Concealed Advertising on Social Media and its Child's Perception
Jirůtková, Martina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
99 Abstract: Legal Aspects of Concealed Advertising on Social Media and its Child's Perception The goal of this thesis is to assess whether the current effective legislation is able to respond to the new phenomenon of social media, primarily in the field of advertising. The author of the thesis aims to analyze the current legal situation in the field of concealed advertising and to assess whether this legislation constitutes an effective protection in this online environment and in particular whether it reflects the age of social media users and whether it provides increased protection for the child audience. The first chapter of the thesis describes social networks and influencers, not only from a general perspective, but also from a legal perspective. This chapter also describes in more detail the three selected social networks, i.e. Facebook, Instagram and YouTube. The following part of the thesis, contained in the second to fourth chapters, focuses its attention on the regulation of concealed advertising in the Czech legal system, the requirements of selected social media for labelling advertising content and foreign decision-making practice in the field of concealed advertising on social media. The subject of the analysis was not only the applicable regulations for social media, but also the...
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Protection of Computer Games and Video Games
Brádlerová, Andrea ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Protection of computer games and video games Abstract This thesis focuses on the phenomenon of video and computer games and their protection under intellectual property law, especially copyright law. It aims to provide a comprehensive assessment of the position of video games in Czech copyright law and an overview of possible protection regimes, while also reflecting on the current practice of the video game industry. The interpretation of the issue is introduced by the concept of video games as an interdisciplinary subject of research. The history of development of video games and their technical nature are also adequately addressed. The beginning of the discussion on the legal nature of video games is defined by a review of relevant legislation in the international and national context, where the role of harmonisation through European directives is particularly emphasised. The thesis then discusses the basic copyright concepts of national legislation and moves on to outline the breadth of possibilities for the concept of the video game in current copyright law, presenting arguments and considerations relevant to specific classifications of the video game as an object of its protection, supported by contributions from scholarly discourse. Attention is paid to the debate on the concept of the video game as...
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Protection of the personal rights in judical decisions of the European Court of Human Rights and the Constitutional Court
Rezler, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Protection of the personal rights in judicial decisions of the European Court of Human Rights and the Constitutional Court This diploma thesis deals with selected aspects of protection of the personal rights taking into account the conclusions adopted by the jurisprudence. The concept of personality protection is very broad and therefore its comprehensive treatment within one diploma thesis would not be desirable or possible. Therefore, in the presented publication, the author leaves aside the protection of a person's physical integrity and focuses on selected values of moral integrity and the protection that the law provides for them. Particular attention is given to the rights to dignity, honor, privacy and the one's image. As the name suggests, the essential part of the work is the analysis of court decisions, in particular the relevant case law of the European Court of Human Rights and the Constitutional Court of the Czech Republic. The diploma thesis consists of seven parts, which are further divided into chapters. The first part introduces the reader to the topic, defines basic concepts and characterizes the nature of personality protection in the Czech Republic. The second part, on the one hand, deals with the nature of unauthorized interference with personality, and on the other hand,...
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Software licensing in cloud computing and related legal issues
Kršňáková, Hana ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Název rigorózní práce, abstrakt a klíčová slova v anglickém jazyce Software licensing in cloud computing and related legal issues The topic of this rigorous thesis is "Software licensing in cloud computing and related legal issues." The aim of this work is to define the individual advantages and disadvantages of software licensing in the basic cloud computing models from the point of view of Czech legislation with the overlap into the European and international legislation. The author further aims to evaluate whether this regulation of software licensing in cloud computing is sufficient. For this purpose, the author in the first chapter of this work deals with the definition of cloud computing, describes individual deployment models - private, public, community and hybrid and its three basic distribution models - IaaS, PaaS and SaaS. In the second chapter, the author deals with software, its legal regulation and licensing according to the Czech legal system with an overlap into European and international regulation. Czech legislation is based, among other things, on the Berne Convention, the WIPO Copyright Treaty and European Directives, especially Directive 2009/24/EC. Its basic legal regulations applicable to software licensing in cloud computing include the Civil Code and Copyright Act, which captures...
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Blockchain and Copyright
Kociánová, Vanda ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
1 Blockchain and copyright Abstract The aim and objective of this Thesis is to introduce the phenomenon of blockchain technology and some of its applications in the field of copyright. The thesis focuses primarily on the areas of databases, NFT and Smart Contracts, and their application in the existing, particularly Czech law. In its first chapter the author defines the blockchain technology, describing the basic terminology, such as node, block, hash, transaction, peer-to-peer network, proof of work. The chapter then explains how blockchain works, describing its key characteristics. The author dwells on three types of blockchain and finally discusses the issue of ethics and privacy protection. The next chapter on copyright summarizes basics of this area of law which has been experiencing fast development of new technologies. A sub-chapter on author's property rights, whereby special attention is paid to the issue of digital reproductions, constitutes an important part the the Thesis. Central chapters deal with Smart Contracts, blockchain, collective rights management and NFT (Non-fungible Tokens). Smart Contracts have the potential to simplify the process of contracts conclusion and to make it more user-friendly. The same applies in the field of copyright, for instance in the form of automatic deduction of...
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Conceptual characteristics of a copyright work in the light of case law
Filipová, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Conceptual characteristics of a copyrighted work in the light of case law The diploma thesis deals with the analysis of the conceptual characteristics of a copyrighted work enshrined in Article 2 Section 1 of the Copyright Act (the so-called general clause) and it deals with the analysis of other associated provisions necessary for the correct identification of a copyrighted work. The general clause represents a key provision of copyright law and forms an imaginary gateway to the regime (rights and obligations) of the Copyright Act. The goal was to analyze individual conceptual characteristics and evaluate them in terms of abstractness and clarity. Given that the conceptual characteristics are vaguely defined in the law, they were described using the judicial interpretation of Czech courts and the Court of Justice of the European Union, as well as doctrinal interpretation. The acquired knowledge was applied to specific cases, problematic aspects of conceptual characteristics that occur in practice and that could be improved de lege ferenda were also determined. The analysis of conceptual characteristics in the light of case law (jurisprudence) shows that the courts and doctrine interpret the conceptual characteristics relatively consistently, however, the main inconsistency can be found in the...
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Protection of the personal rights in judical decisions of the European Court of Human Rights and the Constitutional Court
Šimák, Radim ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Protection of Personality Rights in the Context of Decisions of the European Court of Human Rights and the Constitutional Court of the Czech Republic The topic of this thesis is protection of personality rights and its conflict with freedom of speech in the media environment, in the context of the decisions of the European Court of Human Rights (ECHR) and the Constitutional Court of the Czech Republic (CC). The aim of this thesis is to present and analyse individual concepts that are based on the decisions (case- law) of the ECHR and the CC, and establish rules and guidelines for assessing the conflict between the protection of personality rights and freedom of speech in the media. The thesis is systematically divided into eight chapters. Before the actual analysis of ECHR and CC case-law, the theoretical foundations of the subject are described in the first three chapters. In the first chapter, the basic terms are defined, which the work subsequently applies, such as the concept of personality, the so-called general personality right, media and media environment. In the second chapter, individual sources of law in the field of personality protection are presented, at the international, European and national level. In the third chapter, selected partial personality rights are presented in more...
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