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Photograph as the copyright and copyright protection of photographer
Pavelcová, Andrea ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The objective of the master's thesis called 'Photograph as the copyright and copyright protection of photographer' is to describe the basic foundations and characteristics of the current regulation of copyright work, specifically of photography. The Czech legal system do not contain a complex regulation of photography; therefore, the thesis deals with the individual aspects of copyright law related to the characterisation of photographs as a copyright work, the rights of photographers or their rights related to the protection of their copyright. The thesis is based primarily on copyright law commentaries, copyright regulation on the Czech, international and European level and on the decisions of both Czech and foreign courts due to rapid development of copyright law in the information society and the inflexibility of the current legislation. Due to the author's interest in photography, the thesis is enriched with personal observations from her own experience with photography. The thesis is divided into seven chapters. The first deals with the general description of copyright, its principles, basic concepts and the moment of copyright formation. Chapter two focuses on photography and discusses the subject of copyright protection. Chapter three deals with authorship of photography, defines under...
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Kudrlička, Adam ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy Abstract The main aim of this thesis is to evaluate the extension of Internet piracy as well as to determine which subjects are liable for the unlawful sharing of files and copyright protected works by using different platforms. I have decided to write about this topic primarily because of the persisting phenomenon of Internet piracy and copyright infringement. In this thesis I am proposing some ideas which could help to fight Internet piracy. I am also considering current EU legislation and the EU case-law regarding copyright on the Internet. The thesis is divided into eleven chapters, which include sub-chapters. The opening chapter introduces the reader to the piracy phenomenon and copyright infringement. The following chapters deal with the evolution of the Internet in the world in general and in the Czech Republic specifically. The third chapter describes copyright in cyberspace. Further, I consider the relevant international law, legal sources of copyright in the EU and the copyright legislation in the Czech Republic, including the protection against administrative offences in the field of copyright and criminal offences. The fourth chapter highlights specific examples of liability...
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Moral rights in copyright
Wegschmiedová, Markéta ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Moral rights in copyright Abstract This thesis, after a brief introduction to the issue of copyright, defines the basic concepts relating to author's moral rights and its nature. It provides an insight into the issue from various different points of view, focusing on the natural nature of moral rights and the natural nature of an author's work, that is reflected in the copyright legislation. The thesis also offers a comparison of two major legal systems of copyright - the authors' right system and the copyright system, which demonstrate the key institutes and characterize both legal cultures through their typical features and differences. The thesis draws attention to the fact that the regulation of copyright and moral rights in particular is far from uniform in the national context and that there are significant differences not only between the different legal systems but also within those legal systems. The thesis also presents copyright and moral rights in valid Czech legislation in terms of the systemic and conceptual definition of the Czech copyright law and then discusses in detail the individual moral rights of authors. An important part of this thesis is the issue of originality as one of the conceptual features of the work. The thesis explains the role of the Court of Justice of the European Union...
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Convergence of Copyright and Trademark Protection
Fischer, Jan ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis deals with intellectual property and discusses the legislation of copyright law, trademark law and their possible convergence. The aim of the thesis is to introduce the basic attributes of the two individual pieces of legislation, to show the foundations on which copyright law and trademark law stand and thus to define their common and completely different characters. The thesis is divided into an introduction that brings the subject to the topic, four main chapters and a final conclusion. The first chapter deals with the theoretical context of copyright law and trademark law in the areas of intellectual property rights, intangible property and constitutional establishment in the Czech Republic. In the following two chapters, the two mentioned protections are discussed in more detail. The chapters have a similar classification that helps to understand the individual copyright and trademark elements. Here are described legal regulations both in the international, European and valid law of the Czech Republic and they focus in more detail on the main concepts such as the author, the author's work, trademark, effects or registration proceedings. Important part are also the subchapters on protection options. The fourth chapter is devoted to the main topic of this study, the convergence of...
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Current development of the European legislation regarding copyright
Kocarová, Klára ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis "Current development of the European legislation regarding copyright" deals with the current EU proposals on the modernization of copyright. For the purposes of this work, I have determined as "current" the proposals and documents published between 2015 and 2017 due to the consistency of the pursued objectives and the close interrelation between relevant EU documents. The main target of this work is to present key documents, whether accepted or proposed, to update European copyright for the needs of the digital world. This work is divided into eight chapters representing not only the proposals but also the environment into which they will be incorporated. For this reason, the first three chapters briefly address the introduction of the basic concept of copyright, as well as the harmonization of rights in the EU and the existing legislative framework in Europe (including international treaties and EU measures). In the following chapter, I introduce digitization and the internet as important factors, which affected copyright to such an extent that it appears in some ways to be completely incompatible with modern age. The fifth chapter highlights the main target of the ongoing adaptation of copyright law, which is the creation of a single digital market within the EU. The core parts of...
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Fashion Law
Krčmárová, Anna ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fashion Law This rigorosum thesis carries the name of the recently established field of law. The fashion law has to uphold its status through fulfilment of the field-specific criteria; therefore, the fashion law is introduced on the background of a three part conceptual classification - fashion business law, fashion public law and fashion intellectual property law. The first chapters are dedicated to the establishment of the fashion law with respect to its wide academic acceptance. The second chapter outlines fashion business law with a special view to intellectual property licensing, due to its influence on the reputation of the fashion companies, which is crucial in such a competitive field. The topic of fashion public law is included as well in the second chapter as a necessary part of the legal field which might provide an alternative look at the issue of protection of the fashion companies' intellectual property. The entire third chapter addresses the fashion companies' intellectual property: patents, copyright, fashion designs and trade marks as suitable forms of protection of fashion designs and fashion brands. Individual forms of protection are presented in the international context with specific statutory requirements of the respective way of protection. A relevant part of the...
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The concept of public in copyright law
Moravcová, Anna ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
The thesis provides an overview and analysis of the concept of public in copyright law. The thesis begins by explaining the international, European and Czech regulation. The thesis highlights areas where is a need for a specific interpretation of the notion of the public - particularly the publication of the work and the right to communicate the work to the public. A substantial part of the thesis is devoted precisely to the right of the communication to the public. The thesis discusses the areas of use of work that appear to be borderline in terms of assessing whether they are private or public, for example use in offices, in public establishments, in taxis, in public transport, in hotel rooms, or on the Internet. The thesis focuses to the foreign national legislation and case law and the case law of the Court of Justice of the European Union, which is crucial for interpreting of the term of public in EU member states.
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Collective administration of copyright and neighbouring and relating rights
Burda, Matěj ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (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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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Hrnčiříková, Klára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Internet and Copyright - the Scope of Liability of Individual Parties and Ways of Protection against the Piracy Abstract The aim of this thesis is to provide a comprehensive view of selected issues related to the internet, including both the technical and legal view, and copyright, including it`s history within the European continent. The thesis also deals with the liabilitiy of individual parties involved with the emphasis on the liability of the information service providers. This chapter also includes an assessment of existing national and European legislation in the light of settled case law of European courts. In conclusion, the current internet piracy practices are mentioned, including it`s further direction, institutions dealing with anti-piracy activities and reflection on the effective fight against this kind of infringement. The thesis is therefore divided into four chapters dealing with (i) the internet, (ii) copyright, it`s brief history and legal sources, (iii) liability of individual parties involved, and (iv) internet piracy. Key words: copyright, copyright infringment, liability
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Non-contractual legal institutions of the use of copyrighted work
Kalányos, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
- ENGLISH The content of this thesis is aimed towards the interpretation of the so-called non- contractual legal institutions of the use of copyrighted work. These institutions represent such legal tools, that exceptionally allow individuals different from the author to exploit copyrighted work with no dependence on the author's permission or will. The text of the work is divided into four main chapters. For introduction into the matter, the opening part is dedicated to the explanation of the term copyright law, its position in the Czech legal system and the main principles it lies upon. This broad explanation is subsequently followed by definition of its fundamental terms - author's work and its use. The crucial part of the work lies in the fourth chapter, which bears the same title as the work itself. The structure of this chapter follows the organisation of the Czech Copyright Act. After description of the free work, the paper gets to the interpretation of individual exemptions and limitations to copyright, thus the institutes of free use and statutory licences. In relation with the matter of exemptions and limitations to copyright, the work does not forget to deal with their key tool, the Three-Step Test, and its related significant interpretation performed by The Dispute Settlement Body at...
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