|
|
Collective administration of copyright and neighbouring and relating rights
Rychtářová, Kamila ; Wünschová Pujmanová, Alexandra (advisor) ; Císařová, Zuzana (referee)
- Collective administration of copyright and neighbouring and related rights Key words: collective administration (kolektivní správa); copyright (autorské právo) This thesis is focused on the collective administration of copyright and neighbouring and related rights performed in accordance with Act No. 121/2000 Coll., on Copyright, as amended (the "Copyright Act"). I have chosen this topic for my thesis because I am interested in collective administration and because it is up-to-date topic for its close relation to the development of new ways of creation, production and use of works, to the mass use of computer and communication networks and also to the on-line sharing of works through the internet. The purpose of my thesis is to provide explanation of the collective administration and focus on certain issues which are not yet solved by the legal regulation and are not consistently interpreted by legal experts. This thesis is composed of nine chapters, in which I address to the concept, function and history of the collective administration. Further, I describe the institute of the collective administration, i.e. prerequisites and method of grating license for its operation and supervision over its operation. I also mention which rights is the collective administrator entitled to administer and how...
|
|
|
The concept of public in copyright law
Moravcová, Anna ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The thesis provides an overview and analysis of the concept of public in copyright law. The thesis begins by explaining the international, European and Czech regulation. The thesis highlights areas where is a need for a specific interpretation of the notion of the public - particularly the publication of the work and the right to communicate the work to the public. A substantial part of the thesis is devoted precisely to the right of the communication to the public. The thesis discusses the areas of use of work that appear to be borderline in terms of assessing whether they are private or public, for example use in offices, in public establishments, in taxis, in public transport, in hotel rooms, or on the Internet. The thesis focuses to the foreign national legislation and case law and the case law of the Court of Justice of the European Union, which is crucial for interpreting of the term of public in EU member states.
|
|
|
The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Hrnčiříková, Klára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Internet and Copyright - the Scope of Liability of Individual Parties and Ways of Protection against the Piracy Abstract The aim of this thesis is to provide a comprehensive view of selected issues related to the internet, including both the technical and legal view, and copyright, including it`s history within the European continent. The thesis also deals with the liabilitiy of individual parties involved with the emphasis on the liability of the information service providers. This chapter also includes an assessment of existing national and European legislation in the light of settled case law of European courts. In conclusion, the current internet piracy practices are mentioned, including it`s further direction, institutions dealing with anti-piracy activities and reflection on the effective fight against this kind of infringement. The thesis is therefore divided into four chapters dealing with (i) the internet, (ii) copyright, it`s brief history and legal sources, (iii) liability of individual parties involved, and (iv) internet piracy. Key words: copyright, copyright infringment, liability
|
|
|
Non-contractual legal institutions of the use of copyrighted work
Kalányos, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- ENGLISH The content of this thesis is aimed towards the interpretation of the so-called non- contractual legal institutions of the use of copyrighted work. These institutions represent such legal tools, that exceptionally allow individuals different from the author to exploit copyrighted work with no dependence on the author's permission or will. The text of the work is divided into four main chapters. For introduction into the matter, the opening part is dedicated to the explanation of the term copyright law, its position in the Czech legal system and the main principles it lies upon. This broad explanation is subsequently followed by definition of its fundamental terms - author's work and its use. The crucial part of the work lies in the fourth chapter, which bears the same title as the work itself. The structure of this chapter follows the organisation of the Czech Copyright Act. After description of the free work, the paper gets to the interpretation of individual exemptions and limitations to copyright, thus the institutes of free use and statutory licences. In relation with the matter of exemptions and limitations to copyright, the work does not forget to deal with their key tool, the Three-Step Test, and its related significant interpretation performed by The Dispute Settlement Body at...
|
|
|
Unlawful use of a copyrighted work
Ryšánek, Martin ; Císařová, Zuzana (advisor) ; Wünschová Pujmanová, Alexandra (referee)
- Unauthorized use of copyright works The subject of the thesis is the phenomenon of unauthorized use of copyrighted works according to Czech applicable law having regard to the fact that the Czech law has its basis originating form the international law. Readers are presented with basic definitions in the topic. After that the thesis presents legal titles authorizing the use of copyrighted works. And finally, for those cases where these authorizing titles are absent, the thesis lists the basic liabilities, which might arise because of unauthorized use of copyrighted works. The thesis also includes some thoughts on confrontation of the Czech copyright law with the new civil code. It outlines some possible conceptual changes, which the new civil code might affect. Finally, the author briefly comments on the topic of current issues of unauthorized use of copyrighted works in the broader context. It is contemplated whether the current applicable legislation of the use of copyrighted works reflects the social reality and whether this legislation is set up appropriately. To support possible evaluation, readers are confronted with some selected alternative (so called academic) models.
|
|
|
The Internet and copyright - modes of the use and scope of protection of the work (traditional usage, peer to peer networks, email ...)
Souček, Martin ; Císařová, Zuzana (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This thesis is intended as a brief introduction to the issue of use and protection of copyright works. Its aim is to elucidate the relationship between copyright law and the internet with regard to the issue of copyright works. The Internet has with its growing number users become an important element in copyright relations of the new millennium. But the speed at which this new phenomenon is evolving is for the law difficult to keep up and it is facing the additional issue of systematic copyright infringement. The work consists of four chapters. The introductory chapter defines the basic concepts of this work, namely the Internet and copyright law, describes their historical development and lists their basic sources in law. It does so from the perspective of international, european and domestic law. The second chapter deals with the definition of a copyright work with its types and uses. Uses are divided into contractual and non-contractual forms. The third and for the purposes of this thesis the most important chapter is focusing on specific methods of use of the work on the Internet and includes their detailed description. Basic forms of use of the work are analyzed, namely download and upload. From more specialized uses of the work on the internet has been selected the issue of linking, P2P,...
|
|
|
Remedies for copyright and neighbouring rights infringement in international context
Ježek, Jan ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Remedies for copyright and neighbouring rights infringement in international context The aim of this thesis is to comprehensively summarise the current international state of remedies for copyright and neighbouring rights infringement. For that purpose the thesis outlines subject matter of copyright and neighbouring rights, international and European legislation, execution and infringement of such rights. With regard to intangible nature of subjects protected by copyright and neighbouring rights, it is not sufficient to prescribe measures only at national level; on the contrary it is necessary to prescribe legislation internationally, because execution and infringement of rights can occur at multiple locations simultaneously. Therefore, this thesis also deals with current issues of digital era, which must be dealt with by the law of copyright and neighbouring rights. The topic of this thesis is divided into five parts. First chapter outlines the intellectual property rights and mainly the special nature of copyright and neighbouring rights. Second chapter summarises most of international treaties in the field of copyright and neighbouring rights and guides through the evolution of international legislation. Further the chapter summarises the European legislation on copyright and neighbouring...
|
|
|
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...
|
|
|
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...
|
|
|
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.
|
guest ::
RSS feed.