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System of copyright protection in the CR and the USA
Jírovská, Alena ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
RESUMÉ Copyright protection under the Czech and U.S. law The main purpose of this thesis is to compare the key aspects of the European civil law approach and the Anglo-American system of the copyright protection. This paper also aims to outline current issues that copyright protection confronts in the digital age. The first of the five chapters is introductory and describes general concepts that both of the legal systems are based on. It addresses the philosophical backgrounds and evolution of the European and Anglo- American legal traditions and also mentions the relevant Czech and U.S. legislation. The differences between the civil law and the common law theories are explained by illustrating the individualistic European approach founded on the natural rights philosophy and the commercial U.S. approach based on utilitaristic principles. The second chapter is dedicated to explaining the subject matter of copyright under the Czech and U.S. laws. The categories of the original works of authorship are described and, above all, attention is given to the moment in which the copyright protection is effectively created. Under the Czech law, the legal conditions are met when expressing the work in any form that is objectively perceivable by a human being. On the other hand, the requirement of fixing the work in...
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Collective administration of copyright and neighbouring and relating rights
Theinová, Terezie ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
61 Tůma, P., Základní charakteristika kolektivní správy autorských práv k dílům hudebním v USA, Právník, 11/2002 Utěšený, P., Autorské ochranné organizace ve světle antimonopolního práva v komunitární a české právní úpravě, Právní rádce, č. 11/2002 www.čt24.cz, Evropské komisi se nelíbí monopol autorských svazů v Česku, 27.11.2008 Zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon), ve znění pozdějších předpisů Resumé Collectiv Administration of Copyright and Rights similar to Copyright This work describes mainly the collective administration and its legal frame in the Czech Republic. Basic terms as copyright and collective administration are described and explained at the beginning. There is also a part dedicated to the history and establishment of the collective administration in general and also in the Czech Republic during the twentieth century. Among the sources of legal administration the international conventions and european law sources, especial several directives, are mentioned next to the Czech Copyright Act. The present Copyright Act is already in compliance with most of the european directives. Among the legal sources and also as a break 62 through the principles on which the continental collective administration is...
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Collective administration of copyright and neighbouring and relating rights
Pujman, Martin ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
63 9. Resumé - Collective management of author's and neighboring rights Key words: collective management; author's rights This thesis is focused on phenomen of collective administration of authors' and neighboring rights. Collective way of administration of intellectual property is a traditional method how the right holders can collect the royalties in order to be rewarded and how the right holders can be able to enforce their rights. Some advantages derived from Collective administration can also bring a benefit even to common users. Collective administration organisations are non-profit civic associations, which are controlled by bodies of state authority. This allows such associations to secure second but not secondary purposes of collective management, which are seen in their cultural and social function. With constant developement of information technologies, new possibilities how to percept conception of collective administration of authors' rights occur, especially through the so called digital rights management technology. The goal of this thesis is to describe basic institutes of collective management of author's rights, designate new challenges in the area of collective administration of author's rights and try answer the question of efficiency and benefits of collective way of administration of...
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Non-contractual institutions of the use of a copyrighted work
Frantová, Zuzana ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Mimosmluvní užití autorského díla 71 Limitations and exceptions to copyright protection The purpose of my thesis is to outline the main limitations and exceptions to copyright protection that exist under the czech copyright law, international law and european law. The reason for my research is that limitations and exceptions are the most important legal instrument for reconciling copyright with the individual and collective interests of the general public. The thesis is composed of six chapters, each of them dealing with different aspects of exceptions to authors' rights. Chapter One is introductory and describes copyright in general. The chapter two and three defines the most important international conventions and community legislation. Next chapter is dealing with limitations and exceptions to copyright protection that exist under czech copyright act. This chapter is subdivided into six parts. Part one describe the three-step test, which is a main condition of limitations and exceptions. Part is about making author's work public. Part three describes system for author`s work for which the period of duration of economic rights has expired and only the author's moral rights remain. This work may be utilised by anybody without any further provision. Part four deals with free uses of author's work which...
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Copyright aspects of radio broadcast
Čížek, Jakub ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 RESUMÉ This dissertation focuses on selected aspects of copyright and rights related to copyright in connection with radio broadcasting. It specializes in use of authors' works, artistic performances of performers and phonograms of phonogram producers in the way of radio broadcasting and on internet connected to radio broadcasting according to the current legislation in Czech Republic. In the first part it concentrates on items of copyright protection, their use in radio broadcasting, on broadcasters as users in the view of copyright law, on licence agreement, term of protection and radio broadcasting itself. As far as the broadcasting is concerned the dissertation approaches it in the view of administrative law focusing on its content. In the second part it deals exclusively with collective rights management as with the key institute for broadcasters to get appropriate copyright licences to use the protected items. It concerns the compulsory and voluntary collective rights management, the cumulative agreements and royalties, and collecting societies operating in Czech Republic. With regard to the present trends this dissertation, in its third part, aims at broadcasters' activities on internet and further platforms. The last part is devoted to several nowadays issues in copyright, such as extension of...
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Economic rights in copyright
Vorek, Miroslav ; Wünschová Pujmanová, Alexandra (advisor) ; Císařová, Zuzana (referee)
My thesis deals with economic rights in copyright. Economic rights in copyright are the rights that have an economic importance. They provide authors a possibility of financial evaluation of their creative work or at least prevent other persons, without permission of the author profited from his creative effort. There are many authors, but not all of them can live on their creation. However every single author may be sure that nobody will dispose with his work without he has the possibility to influence it. The possibility of financial satisfaction is not only a financial reward for the activity of the authors, but it is also a motivation for them to spend their time by creating. Economic rights in copyright enable authors to make their works available to the public and currently to have control over such activity, that can be very profitable for others. Thanks to their economic rights the authors can participate in the economic success of their works achieved by making them available to the public. It is for the good of the authors to make their works available to the public. They can acquire new fans, share their feelings, know the views of others, learn how to improve , become popular and famous, earn money. But making works available to the public may be a complicated process, which requires a...
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