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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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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Wild, Richard ; Žikovská, Petra (advisor) ; Křesťanová, Veronika (referee)
The main purpose of the graduation thesis is the analysis and evaluation of copyright legislation in relation to the responsibility of individual parties for its violation within the Internet. The thesis also contains an overview of formal legal resources of copyright law and also the legislation governing the information society. The problem of responsibility is also introduced in the light of selected case law, because due to not very detailed legislation in this area of law, the jurisprudence plays a very significant role. From my perspective the reason why I have chosen the topic "Internet and Copyright - the scope of liability of individual parties and modes of protection against piracy " for graduation thesis was definitely the topicality of the issue and the severity of the problem related to differences in interpretation in the context of case law. Last but not least it was the dynamic legislative development in this branch of law which attracted my attention. The thesis is divided into five chapters which are further divided into subchapters. In the first chapter it is discussed the phenomenon of the Internet, while the emphasis is primarily on general and legal definition of the Internet and other terminology. A certain part of this chapter also focuses its development and its...
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Copyright protection of software
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The title of this diploma thesis: Copyright protection of computer programs The general purpose of this thesis is to describe the most important aspects of the legal protection of computer programs, particularly the aspects of copyright protection. In this thesis I describe the form in which a computer program is protected, the activities that are permitted by law in relation to a computer program and what activities constitute an unauthorised intereference with author's rights. In addition to the copyright regime I also briefly described patent protection of computer programs, since it recently was subject to heated discussions in Europe and we can anticipate further development in this matter in the future, especially with regard to the decision-making practice of the European Patent Office and possible legislative establishment of patent protection of software at EU level. I have analyzed the above mentioned aspects under the Czech law (in close relation to the law of EU) but also under the law of the USA. Therefore, another aim of this thesis was to compare the legal protection of software in the USA and in the Czech Republic (EU respectively). Finally, this thesis also describes the issue called "software piracy", i.e. illegal distribution and use of computer programs. More specifically, I...
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Legal aspects of Cloud computing . SaaS as a form of Cloud services
Ohnišťová, Markéta ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis provides legal insight of the Cloud computing with a particular focus on a specific cloud service called software as a service (SaaS). There are discussed all cloud services and distribution models of the cloud infrastructure as well as its legal aspects. The thesis analyses legal requirements of contractual provisions for a provision of the SaaS services. The substantial part deals also with types of licenses, which can be used in relation to the provision of the SaaS services. The practical part of the thesis firstly contains above all the legal framework of data protection and its legal requirements on contractual relation between provider and customer of the cloud Services. Secondly the abovementioned part provides a comparison between contractual provisions related to the processing and protection of data between two contracts, Google Apps for Work and Microsoft Office 365. Keywords Cloud computing, cloud, software as a service (SaaS), data protection, contract
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Copyright and other protection of visual arts
Šatrová, Adéla ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Copyright and other protection of visual arts The main topic of this thesis is the copyright and other protection of visual arts. Its aim is to present the main principles of Czech copyright law, illustrate these general rules on examples of visual art, and point out the specifics of the Czech copyright towards these works. Apart from the Czech copyright law, this thesis presents the basic rules of American copyright law, as an introduction to this subject matter in a different legal system. This thesis then shows the legal rules of copyright law in the Czech Republic, which emerges from civil law, and the legal rules of copyright in the USA, which extends from common law. The purpose is not to compare these two legal systems in detail, but to explain the Czech rules in context of a foreign legal system, which offers different concepts and other solutions. The first chapter presents the legal sources of Czech and American copyright. Chapter two describes the basic principles of Czech copyright law, which is followed by an introduction to American copyright law in chapter three. These two chapters interpret the origins of Czech and American copyright, define the work of copyright in both systems as well as explain in legal terms of what a "work of visual art" means in these systems. Chapter four is...
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Selected copyright and other aspects in a theatre field
Horáková, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The purpose of this thesis is to deal with copyright law institutes which are applied in a theatre field. It is important to bear in mind that there is not special legal regulation of copyright law when it comes to the theatre field. The reason is most likely because of diversity within art, which is not easy to be covered by legal regulations. Also there is not enough space for theatre field as it is necessary in Czech copyright law. Another goal of this thesis is to provide audience from theatre field with information included in this work. That fact was also taken into account. Besides introduction and conclusion the thesis is devided into ten chapters. Firstly there is a list of theoretical terms which are essential for understanding the thesis and later there is analysis of specific institutes. Introducing chapter number two defines list of theoretical terms from both theatre and copyright law field. Only a few of them are explained for easier understanding of following chapters. Third chapter deals with license agreements, as it is essential term in copyright law field. Fourth chapter introduces contracts of work and consists of two subchapters. First subchapter provides information about contracts of work with intangible result which is base for second subchapter contract of ordered work. It...
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