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Rights of producers of audio and audiovisual recordings
Hašek, Ivan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of my thesis is The Rights of Producers of Phonograms (Sound Recordings) and Films. I have chosen this topic because of my fondness for music and for media that carry such recordings. The Rights of Producers are denominated as rights related (to Copyright) because of the absence of creativity and individuality. The term neighbouring rights is exactly equivalent. In the first chapter I provide reader with basic terms and a concept of continental copyright law as well as a comparison with common law copyright system. These two law systems are essentially important to comprehend the rights of producers in general and to have basic overview on their role in global society and economy. Both authors' rights and related rights are copyrights in the sense of common law. The second chapter analyses international law on this subject. I describe the relationship between czech national law and international law. Although the majority of international agreements is phrased generally, mentioned agreements have impact on legislations of contracting parties. They form a part of czech law since their ratification and publication in Collection of Laws. The important agreements on the subject are Rome Convention, Geneva Convention, TRIPS Agreement and WIPO Performances and Phonograms Treaty. In addition, I...
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Works audiovisual with reference to film coproductions
Bednář, Leoš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Audiovisual Works with Reference to Film Co-productions - Summary: The audiovisual works are the main theme of this thesis. I have chosen this theme, because these works are very important for our society and we can not ignore them. We have to consider this segment of our society from various and different perspectives. I mean the various branches of law, film theory, history, financing (economics). It is multidisciplinary area and it contains cultural, social, economical, educational and also international points, which help us to improve and simplify international and multicultural structures and relationships. The thesis is divided into six chapters. Chapter One is introductory and provides basic identification with the topic of the thesis. Chapter Two focuses on general definition of the words "audiovisual work". We have to define this type of work in legal terms and also in the other "interdisciplinary" terms. Chapter Three recalls the fact that this issue must be seen from the historical point of view. We have to study historical copyright law, publications from 30s and 40s of the twentieth century dealing with film law and also law journals from this time period (e.g. "Soutěž a tvorba"). These publications and journals significantly contributed to this theme in the discussion about various aspects of...
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The Internet and copyright - modes of the use and scope of protection of the work (traditional usage, peer to peer networks, email ...)
Frič, Antonín ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The Internet and copyright - modes of the use and scope of protection of the work (traditional usage, peer-to-peer networks, email...) The purpose of my thesis is to analyse the relation between the internet and copyright. The aim of the thesis is to analyse modes of the use (traditional usage, peer-to- peer networks, inking, e-mail...) and scope of protection of the work on the internet from the legal point of view and also to explore new ways, alternatives and potential changes of this conception. The reason for my research is the fact, that the internet is new, dynamic, and one of the most important phenomena of the current interconnected world and copyright hardly keeps up with it. The thesis consists of five chapters, each of them dealing with different aspects of copyright on the internet. Chapter One is introductory and defines basic terminology used in the thesis. Firstly, it describes the internet as a legal term and provides a short view of its history. The second term I am dealing with in this chapter is copyright - its principles, historical background and basic sources of copyright law including international, European and Czech law. Chapter Two examines relevant Czech legislation on copyright. The chapter is subdivided into two parts. Part One focuses on the work and its types and...
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The Internet and copyright-the scope of liability of individual parties and modes of protection against piracy
Ouroda, Tomáš ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Diploma Thesis Summary The Internet and the copyright - the scope of liability of the individual entities and ways of protection against the piracy This thesis is focused on liabilitiy of the individual entities occurring on the Internet and piracy issues. It is primarily an analysis of how individual subjects may be responsible for violations of copyright rules. The aim of this thesis was not complete processing of all relevant aspects of piracy and the resulting responsibilities, but in particular to highlight the most topical issues discussed. I chose the topic because of personal interest to study the dynamically developing field of information technology law and intellectual property law. The work is divided into eight chapters, each dealing with a problem with this topic. The first two chapters talk about Internet in general and the ability this the Internet law to push through the Internet. Mentioned are mainly questions the legitimacy of law on the Internet, the reasons for the existence of the Internet law and especially the importance of copyright protection. Part three charts the formal sources of copyright in the digital era adapted to works of authorship. The focus of relationships on the Internet are issues of determining jurisdiction and applicable law, as described in Chapter Four....
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Agreements and contracts withing copyright law
Stejskal, Vilém ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
CONTRACTUAL COPYRIGHT LAW This thesis is dedicated to the Czech Copyright Law, which is part of Intellectual Property Law. The core of this work is lying on description and recognition of contractual concepts of Copyright Law in Czech Republic, namely the last two Copyright Acts. The first Copyright Act was valid from 1965 till 2000. The second Copyright Act is effective since 2000. Chapter 1 covers the sources of Czech Contractual Copyright Law on different levels, from the constitutional grounds to the regulations. Chapters 2 and 3 are initial introduction to the Intellectual Property Law. It provides basic explanation of intangible property terms. Chapter 4 tries to briefly show the history and the development of the Copyright Law on the Czech territory, particularly Czech Contractual Copyright Law. Chapter 5 deals with provisions of Copyright Act 35/1965. It concentrates on contracts for the distribution of a work and contracts to produce a work. Chapter 6 is devoted to the effective czech Copyright Act 121/2000 and its provisions related to contractual law. With short notice about contract for a work done. Chapter 6 compares some important attributes of both mentioned Copyright Acts.
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Right to a substitute fee for distribution of a copyrighted work - Czech and German regulation in the European contexts
Dvořák, Karel ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Vergütungspflicht bei der Vervielfältigung von Urheberwerken - die tschechische und deutsche Regelung im europäischen Kontext Abstrakt Die Vervielfältigung zu privaten Zwecken ist eine der Schranken vom Recht des Urhebers, das Werk zu nutzen. Auf der Grundlage eines Konzepts, das in den 1960er Jahren in Deutschland entstanden ist, ist eine solche Vervielfältigung nur dann möglich, wenn dem Urheber für einen solchen Eingriff in seine wirtschaftlichen Interessen Vergütung gewährt wird. Wie auch in anderen Bereichen des Urheberrechts ist es auch im Falle des Systems der Vergütungen notwendig, ein Gleichgewicht zwischen den Interessen des Urhebers und der gesamten Gesellschaft zu finden. Ein weiteres typisches Zeichen im Zusammenahng mit dem Institut der Vergütungen ist die technologische Entwicklung, die auch der Motor bei der Einführung des Systems der Vergütungen in den 1960er Jahren war. Die Arbeit widmet sich im ersten Kapitel den Gründen für die Einführung des Systems der Vergütungen und den Möglichkeiten seiner Ausgestaltung. Das heißt der Einführung der Vergütungspflicht im Zusammenhang mit bestimmten Geräten, Trägern und dem Angebot einiger Dienstleistungen zu zahlen. Der Problematik der Vergütung wird eine große Aufmerksamkeit sowohl seitens der Fach- wie seitens der breiten Öffentlichkeit gewidmet -...
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Agreements and contracts within copyright law
Jurista, Erik ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Summary: Contractual copyright law The aim of this thesis is to analyse the current state of regulation of contractual copyright law in the Czech Republic. I have chosen this topic, because I am an amateur photographer and knowledge of different kinds of contracts dealing with copyright might be very useful for me in the future. Knowing most of details affecting final conditions of the contract is the best way, how to exploit my work well, and, what is even more important, I should be able to answer all of questions concerning copyright to my friends (and, in later, professional life, also to my clients). The thesis is thematically divided into seven chapters. The first chapter is introductory and outlines all the content, which is to be dealt with in latter text. It attempts to define the position of copyright in the Czech legal system. Chapter Two focuses on the grounds of contractual techniques and the way of their implementation in the basic civil codex. Furthermore, attention is paid to differences between commercial and civil law, which might be crucial for some side questions of copyright contracts. In Chapter Three, there is the conception and approach of Czech legislature to copyright described. The dichotomy between personal and property rights of authors is explained as well as the nature of...
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Collective management in copyright law (including considerations de lege ferenda)
Nedvěd, Martin ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- Collective administration in Copyright Law (including considerations de lege ferenda). Keywords: collective administration; copyright law. The purpose of my thesis is to analyse the collective administration of copyright and neighbouring rights ("collective administration") in the Czech republic under the Act No. 121/2000 Coll., on Copyright ("Copyright Act"). The thesis is composed of seven chapters. Chapter One is introductory and includes basic definition of collective administration, its goals, models of administration and the current applicable law in the Czech republic. Chapter Two examines the main activities of copyright collecting societies in two parts. The first part focuses on the blanket licensing while the second describes the internal rules according to which the fees collected by copyright collective societies are distributed among the interested parties. Chapter Three is subdivided into three parts and provides an outline of rights that can be collectively administered. The first part describes the mandatory collective administration of rights. The second part focuses on the so-called extended collective licensing. The third part describes the voluntary collective administration. Chapter Four concentrates on the copyright collecting societies in four parts. The first part focuses...
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Resale right
Faladová, Adéla ; Holcová, Irena (referee) ; Křesťanová, Veronika (referee)
The thesis provides a comprehensive overview and analysis of the origin and development of the so-called resale right ("droit de suite"). The thesis begins by explaining the history of the first recognition of the right at the national level in France at the beginning of the 20th century and the recognition of the right at the international level. The thesis continues with a thorough analysis of the legislative history and content of the European Resale Right Directive of 2001, including a brief report on the implementation of the Directive. The thesis analyzes in detail the national legislation on the resale right in France, Germany, the UK, Ireland, California and Australia. There are several annexes attached; including comparative tables outlining some aspects of resale right legislation in the different countries. A substantial part of the thesis focuses on the history and development of resale right legislation in the Czech Republic - from the right's first introduction in Czechoslovakia in 1926 to the implementation of the Directive in the Czech Republic in 2000 and 2006. The thesis closes by offering suggestions de lege ferenda for Czech legislators; the suggestions are based on experiences with the practical application of the right in the Czech Republic and foreign legislation analyzed in...
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Filmmaker's incomes and the forms of film financing under the Income Tax Act
Valeková, Anna ; Marková, Hana (advisor) ; Boháč, Radim (referee)
The reason why I chose this subject matter is my interest in a possible interconnection between two fields of law, apparently far from each other-financial and copyright law. As a link between the copyright and financial law I chose the filmmakers' incomes di-rect taxation of 1) their own final incomes prepared to be freely spent and 2) their in-comes gained to be used for the financing of the creation and exploatation of the film. The above mentioned groups of incomes affect each other, since if the filmmakers want to earn their own, final incomes, first they have to gain finances (taxable incomes) ne-deed to finance the film. I focused on the filmmakers' incomes resulting from the exer-cise of their copyrights. I also analyzed taxation of filmmakers' incomes other than tho-se arising from the exercise of the copyright but yet somehow connected to the film. At the beginning of the thesis (namely in the second chapter) I selected a few types of persons that are involved in the film creation and exploatation and I named them "filmmakers. Eventually I analyzed their incomes from the Income Tax Act point of view. The third chapter deals with an application of the Income Tax Act in the case when the filmmakers gain finance to fund the film. When appropriate I dealt with the application of the Income Tax Act...
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