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Copyright protection of databases
Šenkyřík, Boris ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The thesis focuses on the phenomenon of databases from the normative viewpoint; it examines them with respe to the legal issues, main stress being placed on the prote ion granted to databases by the intelle ual property law and on their incorporation in the legal system of the Czech Republic. The merit of the thesis can be seen in elaborating on decisions of the Court of Justice of the European Union regarding the harmonised regulations and in drawing a comparison to the provisions of the dire ive on legal prote ion of databases (or rather the Copyright A ) and analysing the impa of the decisions. The thesis is organised into eleven chapters, Chapter Two providing a brief introdu ion into the topic of databases, Chapter Three looking into the international-law aspe of databases. The core of the thesis lies in Chapters Four to Chapter Eight which give an insight into the European law, its secondary sources followed by a discourse on the dire ive on the legal prote ion of databases, regarding the copyright element and sui generis right as well as a criticism of the dire ive resulting in it being reviewed by the Commission. Chapter Nine pays attention to alternative means of database prote ion. The nal chapters evaluate the current state in the eld of database prote ion and suggest possible suitable...
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The Internet and copyright - modes of the use and scope of protection of a work
Šimíček, Miroslav ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The aim of this thesis is to legally define modes of the use of works on the internet and means of protection of works. To that author adds very basic technical knowledge so that reader can gain better insight into the raised issue. Author's main focus is of course dedicated to Czech legislation. However since we are part of European Union and the intellectual property law is important for functioning of the internal market, author puts great emphasis on the case law of Court of Justice of the European Union. The work is divided into four parts. This division doesn't include Introduction and Conclusion. In the first part that's called Internet and copyright law author generally defines basic concepts such as internet, work or non-contractual usage. In the second part entitled Modes of usage of the work the author is concerned with legal definition of individual use of works on the Internet. Author considers this part to be the most important from the perspective of the topic of the thesis. Author always provides a brief technical introduction to the topic, followed by a legal analysis under Czech law and at the end of each chapter seeks legal analysis of the issue in the light of the case law of the Court of Justice of the European Union. The author is gradually concerned with giving access to...
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Liability of internet servis providers for copyright infringement on the internet
Mlynář, Vojtěch ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
This paper discusses the history and recent developments pertaining to ISPs' liability for copyright infringement in the European Union. Section I. explains ISPs' basic roles on the Internet, discusses practical grounds justifying a special liability regime for ISPs and outlines the EU legal framework providing safe harbor provisions for ISPs' liability and transposition of these rules into the legal system of the Czech Republic. Section II. describes how judicial decisions in the EU Member States eroded safe harbor rules and how these decisions were subsequently overturned by the Court of Justice of the European Union (CJ). The section continues with an examination of the latest judgment of the CJ in UPC Telekabel Wien concerning new rules (or lack thereof) for website-blocking injunctions. Section III. discusses notable examples of EU Member states' legislation or legislative proposals which aimed to put a stop to "online piracy" and copyright infringement. Considerable part of this section analyzes the recent controversial system set up by the Italian communications regulator AGCOM. Section IV. describes examples of increasing voluntary collaboration between ISPs and content owners, which has the potential to effectively combat online piracy and benefit all parties involved. Section V. explores...
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Non-contractual legal institutions of the use of copyrighted work
Kulacká, Viktorie ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- English The thesis deals with the issue of non-contractual legal institutions of the use of copyrighted works. It describes the ways of use of copyrighted work without the contractual arrangement with the author. Namely, I talk abou the free use and statutory licences. The statutory licenses, which are the major focus of the work, are divided into chargeable and free-of-charge statutory licences. I also entertain the interpretation of the so-called three-step test. In the thesis, I also deal with issue of copyright law in general.
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CJEU Case C-351/12, OSA
Gantner, Filip ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 Abstract Title: CJEU Case C-351/12, OSA The purpose of this thesis is to analyse the proceedings before the Court of Justice of the European Union in case C-351/12, OSA, beginning with the reference for a preliminary ruling from the Regional Court in Pilsen until the judgment of the CJEU. In case C-351/12, OSA, the CJEU was asked to answer the following three questions: (i) if it is in compliance with the EU law to apply the exception stated in Section 23(3) of the Czech Copyright Act also to the spa facilities which are thus not obliged to pay royalties for performing the broadcast in its bedrooms; (ii) if there is a possibility to rely on a directive in a dispute between individuals; (iii) if the monopoly for single (monopoly) copyright collecting society is acceptable from the perspective of EU law and whether the monopoly copyright society does abuse its dominant position. The introduction shortly presents the chosen subject and the structure of the thesis. Chapter one is dedicated to the facts of the dispute in the main proceedings and introduces the issue and legal argumentation of both parties to the main proceedings. Chapter two examines the first referred question by summarizing relevant provisions of Czech, European and international law, historical development of different versions of the...
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Czech collective management in the context of new European legislation
Ullmannová Wünschová, Berenika ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
This doctoral thesis is devoted to collective management, especially with regard to the adoption of Directive2014/26/EU. It outlines the regulation of Czech collective management, and highlights the particular institutions whose regulation is in terms ofthe new directive sufficient. Within the section, which deals with the content of the new directive, are highlighted in particular the areas that are in the CzechCopyright Act inadequately regulated or not regulated at all. Particular emphasis is placed on the granting of multi-territorial licensing of rights to musical works online.
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The legal institution of making a copy for personal use in the information society
Navrátil, Vladimír Gabriel ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
in english The private copying exception, as a traditional part of Copyright in the European Continental law, has become nowadays due to the development of information technologies and especially Internet probably the most discussed topics in the field of Copyright. The aim of my thesis is to offer a complex view on the exception, so I therefore deal with many related issues which are important for answering the question: "Is the private copying exception still justifiable - or to what extent - in Information society, when you can get almost every book, painting, music work or movie in few minutes on the Internet?" The thesis introduces the most influent traditional justifications for copyright and examines whether the copyright is able to preserve its known attributes - especially aspect of exclusivity - while in the age of Internet the link between the intangible creative work and physical medium has been broken. However, central point of my thesis is the three- step test, the crucial provision in the current system of intangible property, both on international and EU level. The three-step test should maintain adaptation of copyright to the changing technological and social conditions, because every single using of copyrighted work formally falling within the extent of exception has to fulfil its...
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Unauthorized use of copyright works on the internet
Hlaváček, Radek ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
v anglickém jazyce: I decided to divide the Thesis into a general and a special part. I devoted the general part to a definition of the most important terms and differences helping to define the topic I chose for my Thesis. In the special part, I analyse special cases of the use of works, liability types of individual parties on the internet and, last but not least, the biggest recent lawsuits which appealed to me. My knowledge from writing the Thesis lead to the seventh point of the outline "Deliberation De lege ferenda / The procedure against free space providers in the Czech Republic".
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Moral rights in copyright and their development during the existence of copyright protection
Češka, Miroslav ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this master's thesis is to probe into copyright, especially the moral rights that are inevitably included. Due to the complexity of terminology in intellectual property law, which includes the copyright, it is first provided an overview of intellectual property rights and somewhat as highlighting of some changes that were caused by the adoption of the new Civil Code, particularly with regards to the change of perspective in the conception of a thing in a legal sense. After this lets say general introduction to intellectual property rights the main focus passes to the definition of basic copyright terminology and there are outlined the principles by which is our copyright controlled. For a better understanding of moral rights in copyright it is explained what the nature of those rights actually is, together with the definition of basic approaches to moral rights and property rights as well and of course in relation to differentiation from general personality rights, i.e. those that lack the aspect of the creative nature. Due to the recodification of private law, especially the inheritance law, it is also pointed out that according to the current regulation author's commands not to disclose his particular work is not for the purposes of inheritance proceedings just a wishful thinking, but...
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Unlawful use of rights in copyright in Internet
Havlíková, Kateřina ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
This thesis deals with rather comprehensive topic of unauthorized use of the copyright on the Internet. The aim of this work is to present selected specifics of the online environment as well as the challenges this environment represents from legislative point of view. Presented paper is divided into five chapters, among which first three focus on the subjected issue in general, whereas the chapter four presents modern and constantly developing cloud computing technology. Its development has given rise to multiple new challenges including the copyright. Last chapter comprises of de lege ferenda ideas regarding this issue. The aim of the first chapter is to present the specific environment of the Internet and the dangers it represents in respect of the copyright. This chapter therefore deals with the various forms of using the copyrighted work including the analysis of new and unified legal regulation of licensing in the new civil code. Chapter two describes the international protection of copyrighted work, which is crucial due to the uniqueness of the Internet, as a space that knows no boundaries. This chapter therefore analyzes the development of international cooperation as well as it gives an overview of the most significant international treaties in this area. This chapter reflects the...
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