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Protection of intellectual property rights in the fashion industry
Duong, Erik ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
This thesis focuses on the area of intellectual property law in the fashion industry. The main objective of this thesis is to highlight the pressing issues in the fashion industry, to examine the various forms of intellectual property protection applicable in the fashion industry. Following the analysis, an assessment of the impact of fast fashion on the fashion industry is made. The thesis addresses the complex environment of the fashion industry, which is characterised by fast global supply chains and rapid production cycles. However, these dynamics raise significant challenges and unfavourable practices that lack robust legal safeguards. The main problem is the proliferation of low-cost production driven by fast-fashion brands, leading to overconsumption, environmental degradation and labour exploitation. This lack of effective legal measures increases the burden faced by affected communities and contributes to the growing problem of textile waste. In addition, the practices of fast fashion brands, which often copy the designs of both renowned and lesser-known designers, undermine the competitiveness of indigenous creators in the sector. This interaction fosters an environment that favours fast fashion at the expense of sustainable and ethical fashion. The thesis is divided into eight chapters....
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Theater Law
Šípal, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
v anglickém jazyce This thesis, while using the knowledge of legal theory, aims to offer a practical legal manual about theatre in Czech Republic well-arranged and understandable even for laymen in the field of both law and theatre. The first part provides a basic description of the intellectual property law, especially the copyright, which is the predominant legal branch in theatre practice. Historical sources of copyright in what is now Czech Republic are mentioned, considering the Theatre Acts which are no longer in effect, as well as international and constitutional bases for the current copyright legislation. Subsequently, the current copyright legislation is introduced with emphasis on explanation of some pivotal provisions of the Copyright Act. The second part defines some basic theatre concepts (such as "theatre play", "theatre production", "theatre performance" etc.) necessary for understanding the rest of the thesis. The third part analyses most frequent types of contracts in the theatre practice. That means the contract of employment and the difference between the employee and the self-employed, the license agreement and, last but not least, the contractor agreement. The fourth part presents the copyright works most commonly present in theatre environment, focusing on their specific...
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The current development of copyright law in the digital environment with the emphasis on the legislation of the EU
Tuček, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The current development of copyright law in the digital environment with the emphasis on the legislation of the EU Abstract This rigorous thesis follows up on the thesis from 2018 titled "Internet and Copyright", which generally dealt with the scope of copyright law in the internet environment and was concluded by a basic presentation of the forthcoming copyright reform in the Digital Single Market in the European Union. The goal of this thesis is therefore to reflect and analyze not only the result of this reform, which was completed in the meantime at the EU level and moved to the implementation phase at the level of the member states, but also other related developments that have taken place in the field of copyright in recent years, with relevance for the digital environment and information society in general. The thesis is systematically divided into two parts. The first, more general part creates the theoretical and legal basis of the thesis, in which the following interpretation is embedded. The first chapter thus briefly presents the basic theoretical-legal basis for copyright and the justification for its existence and offers an overview of its main legal sources relevant to the digital environment at three levels: international, EU and Czech. The second chapter deals with the general relationship...
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Copyright law aspects of advertising on social media
Tuzová, Lucie ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
Copyright aspects of social media advertising Abstract This paper aims to provide an overview of the copyright aspects of advertising content on social networks and to identify the key issues in this area. It first provides the theoretical framework necessary for a proper understanding of the various institutes that are described in the course of the thesis. This includes an introduction to the terms of advertising and social networks, the specifics of which are then presented in the context of a general explanation of the conceptual attributes of a copyright work or a description of the author of the work. As this is a relatively modern and still developing field, the thesis also discusses the innovations that can be seen in social media advertising in recent times. In particular, the use of artificial intelligence tools to create advertising content. The legal framework has not yet been able to respond to the rise in popularity of these tools and the thesis describes possible ways of future regulation. In many parts of the thesis, the complexity of advertising is discussed, for example, from the perspective of the broad set of legal norms regulating advertising or the process of creating advertising content. The advertising chain, which illustrates the complexity of the relationships that arise in the...
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Calculating damages in copyright infringement claims
Prokop, Jan ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Calculating damages in copyright infringement claims The diploma thesis is focused on the issue of calculating damages in copyright infringement claims. In the work, the author summarizes the basic aspects of copyright and subsequently focuses on the analysis of the current legislation on the calculation of the amount of damages in copyright infringement claims. The thesis is written with an emphasis on current trends in copyright law, which are mainly the use of author's works on the Internet, the use of file hosting repositories, framing, embedded links, and BitTorrent. The diploma thesis is divided into five chapters, among which the Introduction and Conclusion are not included. In the first chapter, the author describes the basic principles of copyright important for its functioning, provides definitions of important terms institutions, describes current developments and trends in the field of copyright and, in the end, addresses the issue of cybercrime. In the second chapter, the author discusses some ways of copyright infringement, considering current problems. The connection of copyright with some of the modern technologies mentioned above is also discussed in the second chapter. The chapter is supplemented by the most important jurisprudence in this area. The third chapter is dedicated to...
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Copyright exceptions and limitations with regard to the online environment
Wittlich, Herbert ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
1 Abstract: Copyright exceptions and limitations with regard to the online environment This thesis focuses on the concerns of copyright law exceptions and limitations, with a focus on how they apply in the digital world, especially on the internet. Key elements of copyright law, such as exceptions and limitations, have come under increased examination, particularly in light of current technical developments and the digital revolution. The directive on copyright in the Digital Single Market (DSM Directive), which will be incorporated into Czech law in 2023, is a recent development that is examined in the thesis' analysis of European copyright law. The thesis compares diverse techniques, including those from Anglo-American and European legal traditions, to define and explain exceptions and limitations. The author also looks into how these techniques may be combined, especially how open clauses might be added to the European list of exclusions and limitations. The "three-step test" is looked at in another section of the thesis as a legislative ceiling for the addition of additional exceptions and restrictions. Both at the legislative level and in the implementation of copyright law, this institute is significant. The crux of the thesis is an analysis of the exception for temporary technological reproductions...
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Blockchain and copyright
Novotný, Martin ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
1 Blockchain and copyright Abstract The purpose of this Thesis is to familiarize the reader with the phenomenon of blockchain, both technically and legally, and then to describe the points of intersection of the sets of this phenomenon with copyright law, especially the copyright law of the Czech Republic. The first and second chapters of the Thesis focus on introducing the reader to the blockchain (especially in its technical aspect) and on defining important institutes of copyright law, both in general and regarding the Czech legislation. In the third chapter, the thesis focuses on the assessment of the applicability of certain copyright institutes to the blockchain, particularly its possible regulation as a quasi-work under Section 2(2) of the Copyright Act. The following chapter follows this intersection of blockchain and copyright law with a deeper analysis of NFTs, as this is the area of blockchain most often in contact with copyright law. Considerable attention is paid to assessing whether NFTs can be considered a copyright work. The fifth chapter of the Thesis is devoted to the emerging phenomenon of the metaverse, in particular the definition of its typology. Subsequently, certain points of contact between the metaverse, blockchain and copyright are set out, where this interpretation is followed by...
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Legal aspects of providing on-demand audiovisual media services
Slováková, Monika ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
63 Legal aspects of providing on-demand audiovisual media services Abstract The aim of this thesis is to define and describe the legal aspects of the provision of one of the most popular information society services - on-demand audiovisual media service, also known as VOD (video on demand). The thesis introduces the most important legal institutes related to the provision of this type of services, interprets these institutes in the light of European legislation, identifies deficiencies in their regulation and looks for possibilities for de lege ferenda regulation. The main focus is put on the area of public law regulation, as the key Act No. 132/2010 Coll., on on-demand audiovisual media service, is a public law norm. However, a separate chapter is dedicated to some private law institutes as well, especially in the field of copyright. The main methodological approaches are the descriptive and analytical methods. The thesis is divided into five chapters, which are further subdivided into individual subchapters. The first chapter describes the development and reasons for the legal regulation and provides an analysis of the key terms of the thesis - on-demand audiovisual media service and its provider. The second chapter focuses on the obligations that the provider must comply with in relation to the content...
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