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Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
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Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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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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Software piracy
Kubec, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH The purpose of my thesis is to analyze phenomenon called software piracy. The thesis is composed of seven chapters, each of them dealing with different aspects of issues related to the software piracy. Chapter One is introductory and defines term software. Chapter Two examines the software piracy. The chapter consists of seven parts. Part One focuses on basic definition. Part Two investigates software piracy in cyberspace. Part Three defines individual categories of software piracy and the reasons for them. Part Four explains and describes illegal software and illegal use of software. Part Five deals with restrictions on extent of rights of author to his software related to the legal license. Part Six is focused on sociocultural aspects of software piracy and impact of these aspects on the effectiveness of legal regulation. Last Part of this Chapter is dedicated to the public research on questions relevant to the software piracy. Chapter Three is subdivided into six parts and provides an outline of relevant legal regulations for protection of software. Part One contains basic demarcation. Next Parts are dealing with the protection of software with the relevant provisions of administrative law, business law and criminal law. Finally, it is also discussed on the patentability of software....
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Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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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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