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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...
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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...
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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...
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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...
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Copyright protection of software
Kučera, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Diplomová práce: Autorskoprávní ochrana počítačových programů Petr Kučera 2015 Resumé The goal of this thesis is to give readers insight into the copyright protection of computer programs as enshrined within Czech legal system especially under the Act no. 121/2000 Sb. taking into account the European and the international law. The text is divided into six chapters, which gradually present the reader to the topic. Firstly, this thesis approaches and explains the basic technical terms used further in the text. After this introductory chapter, the thesis deals with the cornerstone of copyright protection of computer programs which is the computer program itself as the object of the copyright and the nature of its copyright protection. This chapter among other things aims to familiarize the reader with the issue, which elements of the computer program are subject to the copyright protection and which are not. The next chapter is devoted to the authorship of a computer program. Firstly the theoretical concepts are presented and then follows the analysis of the process of development of a computer program. The analysis looks into activities pursued during this process and analyses their nature in terms of the copyright protection. The goal of this analysis is to distinguish possible authors of the computer...
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Selected legal aspects of software interoperability
Sršeň, Vladimír ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis discusses legal aspects of software interoperability, which is one of the basic requirements for the functioning of ICT. The main aim of the thesis is to provide a critical analysis of selected legal issues regarding software interoperability from the perspective of Czech as well as European law. The thesis consists of introduction, four chapters and conclusion. The first chapter describes the technical as well as economic aspects of software interoperability and specifies the basic terms. The second chapter outlines copyright protection of software in general, including its rationale, emphasizing that software copyright is based on economic principles which distinguishes it from traditional copyright. The third chapter analyses copyright protection of software interfaces, which are the parts of the program that provide interoperability. With regards to the rationale of software copyright, the thesis analyses decisions of the Court of Justice of the European Union, mainly in cases C- 393/09 (Bezpečnostní softwarová asociace - Svaz softwarové ochrany v Ministerstvo kultury) and C-406/10 (SAS Institute Inc. v World Programming Ltd.). With regards to copyright protection of interfaces, the thesis emphasises the importance of distinguishing between interface specifications and...
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Documentary Film from the Copyright Point of View
Fořt, Ferdinand ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis Documentary Film from the Copyright Point of View is to explore and evaluate copyright specifics of documentary cinema. Chapter One describes documentary film as a culture phenomenon with peculiar relationship to reality. It shows possible definitions and classifications and outlines some of the ethical questions connected with the documentary cinema. Then follows a brief excursion into the history of copyright protection of audiovisual works (both in the Czech Republic and in the international context), with emphasis on speciality of documentary films protection. Chapter Three examines terms audiovisual work and authorship of an audiovisual work as defined in effective Czech Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and tries to mark boundaries of these terms and its possible interpretation especially in relation to the documentary and other non-fiction films. Next chapter deals with the legal nature of protagonists of documentary or social actors which differs from legal nature of the actors in fiction films, because social actors does not perform artistic performances as defined in Czech Copyright Act. Subsequent Chapter Five analyzes protection of personal rights of social actors in documentary films which is governed by general protection of...
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An audiovisual works
Bluma, Bedřich ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Name of the thesis: An audiovisual works In my final thesis, I tried to summarize the current legal regulation of an audiovisual works and the rights and obligation relating thereto. In the thesis, I mainly deal with Czech private law legislation, as regulated particularly in Act No. 121/2000 Coll., Copyright Act, as amended, and with regards to License Agreement in Act No. 89/2012 Coll., Civil Code, as amended, or other legal acts. In the first chapter, I focus on different sources of legal regulation of an audiovisual works and its historical development in public international law, secondary law of the EU and also in national legislation. In the second, third and fourth chapter, I elaborate on the defintion of the term "audiovisual work" and its author, as well as the term and author of a "work audiovisually used" and "performances audiovisually used." These works and performances, together with audio records, constitute basic elements which audiovisual works might be composed of. In chapter five and six, I highlight the specific position of audio and audiovisual records producers and define the term of a "producer of audio record" and "producer of audiovisual record". Moreover, producers of an audiovisual works are given particular rights towards authors of works and performances audiovisually...
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Selected aspects of cloud compliance - with particular regard to personal data protection
Kranawetter, Kristina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
1 Abstract Thesis title: Selected aspects of cloud compliance with particular regard to personal data protection The scope of this thesis is to explain the term compliance and IT compliance as a relatively new legal issue dealing with the compliance of corporate IT with the large amount of corresponding legislation companies (and especially their legal departments) worldwide have to deal with. The main focus lies on corporate IT compliance in connection with the usage of cloud computing technologies especially regarding the protection of personal data. The thesis discusses the origin and the definition of compliance, IT compliance and the most important legal documents and regulations related to compliance (Sarbanes Oxley Act, EuroSOX, Basel II and the relevant data protection acts). The relationship of compliance, IT compliance and intellectual property rights is demonstrated together with the idea of future need and possible obligation to protect data and intellectual property rights by means of mandatory configuration of available company's information technologies infrastructure. Eventually, to exemplify this functional interaction, an example of state's contribution to a lawfull implementation of IT is presented on an example of Germany's Federal Office for Informational Security and the federal data...
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Selected aspects of copyright protection of software
Černá, Martina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The field of copyright protection of computer programs and resale of a copy of a computer program is not free of many substantial problems which are even supported by a fast technological development and which will probably soon result in substantial revision of both national and international copyright law. This thesis is to analyze and assess selected aspects of copyright protection of computer programs with main focus on resale of a copy of a computer program in both theoretical area and jurisprudence of European and US-American courts. This thesis reflects jurisprudence of the European Court of Justice, German and Dutch courts and court decision available in the USA. The general introduction in the theme and related issues is followed by a thorough analyze of the jurisprudence, including two decisions of the European Court of Justice in the UsedSoft case and related decisions of German courts, as well as the decision in Vernor vs. Autodesk case, which is relevant for the US-American jurisprudence. With the focus on international legal protection of computer programs, which provides the computer programs with the same protection of literary works, a completely new aspect of copyright protection of the computer programs, which is the relation between the legal regulation of resale of immaterial...
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