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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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Internet law
Meissnerová, Anna ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...
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Exclusions from patentability - European, Czech and British perspective
Valešová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse exclusions and exceptions from patentability which is a negative requirement for an invention to enjoy a patent protection. It aims to answer the question why the exclusions are needed and whether they should be preserved as some of them proved to be very controversial. The law and practice of the European Patent Office, the Czech Republic and the United Kingdom are compared with the emphasis on the European Patent Convention and the EPO's case law. In the national regulation, mainly the differences and peculiarities to the European approach are pointed out. The work is composed of four chapters. The first chapter explains the basic concepts of patent law and presents justifications for patent protection. The second chapter deals with various patent systems and reviews the most important international tools of harmonization. In the third chapter, the exclusions are introduced and the distinction between Article 52(2) and (3) EPC (exclusions) and Article 53 (exceptions) is clarified whereas it is submitted that the difficulty posed by the exclusions lies in the interpretation of the words "as such" used in Article 52(3) EPC. The main focus of the thesis lies in chapter four which is subdivided into nine subchapters, each discussing one of the exclusions and...
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Protection of Rights and Interests of Performing Artists
Číhalová, Monika ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this work was to provide complete overview of rights that the law confers on performers and to focus in more detail on the possibility of protection and defence of these rights. This goal is reflected in the whole concept of the work - the first chapters describe the performer's rights and the second part focuses on the protection of these rights whether by the performer him or herself or by the collective administrator. The opening chapter deals with explanation of the basic terms. First, it was necessary to clarify, who is a performer from the lay point of view but also under the Copyright Act definition. Then I define the subject of the performer's rights in general - the performance. Finally, the chapter covers also the joint representative of performers who often represents an artistic body externally. The second chapter is slightly more extensive. It deals with the historical development of copyright. Because the Czech copyright is significantly influenced by international and European law, the following two big sub-chapters focus on these two huge legal systems and mainly on agreements and regulations that have directly affected the performers' rights in our country. Very important for the whole work is the third chapter which contains moral and economic rights of performers. This...
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Liability of the particular participants of Internet plant and P2P file sharing networks
Steinhauser, Antonín ; Žikovská, Petra (referee) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences within all legal aspects of internet plant. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. Also deals with inevitably international nature of internet plant and connected questions of jurisdiction and applicable law. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with sharing P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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