|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
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....
|
|
|
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...
|
|
|
Unlawful use of a copyrighted work
Dvořák, Pavel ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This thesis is focused on the theme of unlawful use of a copyrighted work. The main aim of this work is to provide a fundamental insight into the current state of protection of rights belonging to the authors in the Czech Republic, emphasizing the exclusive right of exploitation. Furthermore by using the examples of selected forms of exploitation this thesis aims to delineate a certain line between a lawful and unlawful use of a copyrighted work, especially with regard to the case law of the CJEU. This thesis is composed of four chapters, which are divided into sections and subsections. Chapter One is an introductory chapter which provides definition of a copyrighted work and explains the content of exclusive rights of authors to their works. Chapter Two focuses on the right of exploitation. It describes various forms of exploitation of copyrighted works and also deals with the regulation of a license agreement and the non-contractual use of works secured by the exceptions and limitations of copyright. The legislative changes caused by the recodification of Czech civil legislation are also reflected. Chapter Three examines the means of protection provided by the Czech law in case of a copyright infringement. It contains a list of private claims which the author can use against the offender along...
|
|
|
Copyright aspects of webpages
Král, Samuel ; Křesťanová, Veronika (referee) ; Holcová, Irena (referee)
Copyright aspects of webpages protection of computer programmes and its present statutory provisions governed by Act number 121/2000 Sb., of the copyright and rights related to copyright (Copyright Act), and its extension and application on one of the fastest developing area of law, such as websites and web presentations. Another important objective of this thesis is the critical analysis and application of the most recent judgements of Czech and foreign courts and also judgements of the Court of Justice of the European Union in the area of computer programmes and internet law itself. First chapter deals with the history and development of the copyright with particular focus on protection of computer programmes, databases and legal aspects of behaviour on the internet, respectively World Wide Web. Second chapter is focused on definition of terms which are defined to be used in the following chapters in purpose of application of provisions of the Copyright Act. Chapter also provides detailed description of functioning of web presentations and description of its unique parts which create the web presentation itself. The following chapter applies the conditions of statutory law and the most recent jurisprudence in the area of websites and the Internet on web presentations. First part of the chapter...
|
|
|
Protection of personality in the media area
Fičurová, Nora ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The submitted diploma thesis provides an introduction into the topic of conflict of the personality rights of an individual with the freedom of expression of media and right to receive information of others. The emphasis is put on the Czech and European case law. Marginally is mentioned also the topic of new media, especially the latest case law of the European Court of Human Right on this matter. The diploma thesis is divided into introduction, conclusion and three chapters. The first chapter introduces the basic definitions and theoretical basics of the topic. The reader is acquainted with the concept of human personality and its components, with the concept of personality rights and their nature as well as with the possible infringements of these rights. The chapter also provides the definitions of media and new media. The second chapter focuses on the legal framework of the personality rights, freedom of expression and right to receive and impart information. The chapter first analyses the international legal framework with the focus on the European Convention on Human Rights and later it deals with provisions of the Czech civil code as well as provisions of the Czech media laws. The last section of this chapter analyses Czech as well as European legal provisions on liability of internet...
|
|
|
The Internet in Relation to Information Science and Law
Fáberová Slušná, Kateřina ; Křesťanová, Veronika (referee) ; Holcová, Irena (referee)
The thesis focuses on the analysis of the effect of selected elements of public licenses on increasing the quality of information published in the informational environment of the internet. The objective of the thesis is to ascertain whether there is a real effect on the quality of information in the internet environment through improvements in the quality of the sources of such information, as well as the reflection of the results of the conducted analysis within the obligatory informational education in the Czech Republic. In the first section, the work deals with the copyright aspects relating to the analyzed issue and defines, from a legal standpoint, the individual components of the information environment being analyzed - the internet, the participants of the informational process, the information and the options of dealing with them. In the subsequent section, the matter of licenses is presented, with a focus on the issue of public licenses in general, as well as specific selected license types constituting a potential platform for qualified informational behavior. The last section of the thesis summarizes the results of qualitative research of the effect of licensing policy on the informational environment of the internet through the application of public licenses. The results of such...
|
|
|
Agreements and contracts within copyright law
Bartošová, Kateřina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Contractual copyright law The theme of this dissertation is the contractual copyright law. Its main purpose is to describe the most important contractual types in the area of copyright law and the most important changes that Act No. 89/2012 Coll., Civil Code, brought in relation to contractual copyright law as well. The thesis consists of nine chapters. The first chapter contains a brief overview of the most important sources of the contractual copyright law. The second chapter is focused on the copyright law and its specifics and also defines other concepts from the area of intellectual property. The third chapter deals with the impact of recodification of private law on the contractual copyright law. It is about the concrete changes, which influence the contractual copyright law significantly, both directly and indirectly. Besides other things, there are described the changes concerning licence agreement, contract for work, a new conception of a thing and adjustment of principles of the contractual law. The fourth chapter concentrates on the specifics of the transfer of author's right, or the legal prohibition of its transfer respectively. The fifth and the sixth chapter are about the legal regulation of licence agreement. The fifth chapter describes the term of licence in general and some its...
|
guest ::
RSS feed.