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Collective administration of copyright and neighbouring and relating rights
Baloghová, Alžběta ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of the submitted master thesis is Collective management of copyright and related rights. The purpose of this thesis is to describe the system of collective management and its legal framework in the Czech Republic and to point out the current changes and news in the European and Czech legislation. Furthermore it gives an insight into the regulation of collective management in Switzerland and enables comparison with the Czech regulation. Except for the introduction and the conclusion the work is divided into four chapters that represent four thematic sections. The first chapter is an introduction to copyright law. Firstly it presents historical development of copyright law in the world and on the territory of the present Czech Republic. This chapter contains also definitions of the basic terms that are used in the thesis, such as the author, the moral and economic rights of author, the work or related rights. The second chapter is dedicated to the regulation of collective management that is currently legally binding in the Czech Republic and its judicial and academic interpretation. It deals with the basic principles, terms and institutes of collective management. Also the individual Czech collective management organisations are mentioned there. The third part of the thesis is split into...
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Computer program as an Employee work and its specifics
Kmoch, Ondřej ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
This thesis is focused on the topic of the computer program as an employee work and its specifics. The aim of this thesis is mainly describing and summarizing the Czech legislation of the employee work in the Copyright act if such work is the computer program including its history. The thesis also contains the author's remarks with respect to the relevant contractual practice. In the introductory passage of this thesis there is an explanation of the basic term "computer program" and its usage in the Czech legislation together with the explanation of the basic terms regarding the copyright such as "author work and its origin", "authorship", "content of copyright", "disposition of the content of copyright" etc. Then there is a short excursion to the databases and their copyright protection. The following parts of this thesis focus on the crucial author's work which is the computer program wherein is included the excursion to the history of the copyright protection of the computer program as the author's work followed by the excursion to the international and the European regulation of the computer program as the author's work. Then the relevant provision of the Czech regulation regarding the employee work is discussed in detail which is followed by a chapter containing some of the author's practical...
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Exhaustion of Copyright in Computer Programs
Ondruš, Jan ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
(EN) The aim of this thesis is to provide an analysis of the principle of exhaustion of rights especially to computer programs in the comparative context of the legal regulation in the EU and US. The issue of exhaustion of rights to computer programs became a topical problem after the decision of the Court of Justice of the European Union (CJEU) in case UsedSoft v. Oracle, when the CJEU ruled that the principle of exhaustion of rights is applicable not only for sale of computer programs on tangible media such as CD/DVD, but also for distribution of computer programs in digital form via Internet. This decision, however, became widely criticized by legal experts, since CJEU accented rather economic arguments in favor of this principle than the European legal regulations and international conventions. Certain problematic aspects were also demonstrated in the decision of US court in case Capitol Records v. ReDigi, in which the court persuasively summarized legal and technical reasons why the principle of exhaustion of rights cannot be applicable for the sale of digital files distributed via Internet in the context of current legal regulation. In the first part of my theses, I deal with the term "computer program" as a subject matter of law, and as a subject of protection by copyright law. The second...
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Collective administration of copyright and neighbouring and relating rights
Plinta, Jan ; Wünschová Pujmanová, Alexandra (advisor) ; Holcová, Irena (referee)
Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...
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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...
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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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Right to one's own image
Šimerdová, Anna ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis is to describe the conditions of capturing someone's image and of further portrait use under the law of the Czech Republic. Its content reflects recent fundamental changes in Czech civil law through the new Civil Code, effective since 1 January 2014. This thesis begins with an explanation of the constitutional fundamentals of personality protection, followed by a description of personality protection itself. The major part of the thesis focuses on the right to one's own image and to right to portrait. Generally, capturing one's appearance is possible only upon one's prior consent but there exist several exceptions: interest license, official license, scientific license, artistic license and newspaper license. The situation is different with public figures as the level of their privacy protection is lower than the level of privacy protection of "ordinary" people. The judgment of the European Court of Human Rights in the case of von Hannover v. Germany in 2004 was ground-breaking, saying that the public has the right to be informed about facts which intrude into the privacy of public figures, as long as these facts are capable of contributing to a debate on matters of public interest in a democratic society. In the case of a breach of the right to one's own image and to the right to...
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Copyright protection of gaming software
Holbík, Ľudovít ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
This diploma thesis deals with video games as a problematic part of software law that is constantly growing in importance. It focuses on legal difficulties that were a byproduct of their growing economic potential. It further explains relevant aspects of copyright law in this matter and, to a limited degree, also related problematic from different branches of law, namely criminal law, administrative law and civil law. During the writing, I was focusing on distinctive aspects of video games as specific kind of software, and their distinctions from different kinds of works, especially from "classic" computer programs. An introduction to the problematics, an establishment of aims of this work and a brief summary of video games from the forties to the present times can be found in the first chapter. Basic terminology that is used in this work is in chapter two. The thesis further continues with legal concepts such as author, work and computer program. It proceeds with thoughts on a possible subsumption of video game under a certain kind of work as it is defined in the copyright act and considers establishing an individual category for video games. Chapter five defines content of copyrights, their division on personal and property law with a focus on the specification of different kinds of property law....
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Limits of copyright in visual art
Sýkora, Matěj ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Résumé: Limits of work of copyright in visual art This diploma thesis primarily deals with the concept of copyright work in the current Czech law and its relation towards works of contemporary visual art. The main aim of this thesis is to carry out a complex analysis of conceptual features of work of copyright under the Czech Copyright Act No. 121/2000 Coll. (including key and not always properly interpreted terms such as work of art, originality, or creativity) and then to apply these features to examples of the world's major works of visual art from the twentieth and twenty-first century. Author of this thesis tries to find out whether even specific works of visual art "meet legal requirements" imposed on works of copyright and thus may enjoy the copyright protection in the Czech legal system. It is the effort to identify boundaries between works of copyright and objects which are not under the protection of copyright law what is reflected in the title of this diploma thesis. Text of this thesis is divided into two main units. The first unit, which is the core of the thesis, is called "Limits of work of copyright", the second unit is called "Limits of appropriation". In the general part of the first unit the author tries to focus deeply on theoretical inquiry about the concept of work of copyright under...
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