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Copyright and the Internet-the European legislation and its impact on enforcement of copyright
Galajdová, Dominika ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis focuses on European copyright legislation and its impact on national laws. The aim is analysis and description of EU legislation and relevant case of the CJEU as well as comparative study of Czech Republic, UK and Ireland. The structure of this thesis is composed by five chapters. The introductory chapter concentrates on the concept copyright and its international aspects. There is brief description of copyright and its main features with regard to the relevant international treaties. Moreover, there is analysis of differences between copyright law and authors right system. Consequential chapter deals with a development of digital technologies. It considers an influence of such technologies as the WWW on the copyright protection. This chapter closely describes an international legal instrument, which were amended in the course to respond the challenges posed by such technologies on copyright law. The third chapter covers the European Union legislation and it splits into 6 Sections. The explanation is focused on secondary law of the EU, upcoming EU legislation in field of copyright law as well as liability of the ISSP under existing EU law. The fourth chapter provides closer examination of the EU case law delivered by the CJEU. Especially, it focuses on the enforcement of copyright and...
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Copyright aspects of radio broadcast
Čížek, Jakub ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 RESUMÉ This dissertation focuses on selected aspects of copyright and rights related to copyright in connection with radio broadcasting. It specializes in use of authors' works, artistic performances of performers and phonograms of phonogram producers in the way of radio broadcasting and on internet connected to radio broadcasting according to the current legislation in Czech Republic. In the first part it concentrates on items of copyright protection, their use in radio broadcasting, on broadcasters as users in the view of copyright law, on licence agreement, term of protection and radio broadcasting itself. As far as the broadcasting is concerned the dissertation approaches it in the view of administrative law focusing on its content. In the second part it deals exclusively with collective rights management as with the key institute for broadcasters to get appropriate copyright licences to use the protected items. It concerns the compulsory and voluntary collective rights management, the cumulative agreements and royalties, and collecting societies operating in Czech Republic. With regard to the present trends this dissertation, in its third part, aims at broadcasters' activities on internet and further platforms. The last part is devoted to several nowadays issues in copyright, such as extension of...
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Legal status of performing artist
Reichert, Michal ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Synopsis This thesis is focused on the rights, which accompany the performer. Does not aim to focus on the details of individual institutions, but rather to organize informations about the rights attaching to the performer and artistic performance. In four chapters the author tries to depict these rights since their inception, since the creation of an artistic performance to the moment when the performance become a part of public domain, as well as the right to the these free artistic performances. The first chapter is an introduction to the subject, defines the legal concepts - an author, performer, author's work, artistic performance etc. and also covers the concept non- legal - art, in spite of its abstractness, to author of this thesis seems to be crucial in the legal definition of a performer. The second chapter deals with the own performer's rights, property and personality rights and their duration. In the third chapter the autor drala with legal representation of performers by common agent, who represents performers when dealing with the rights to jointly created performance. Furthermore, in the sekond part of this chapter focuses on a different type of legal representation: mandatáry manager collective rights and collective management in general. The last, fourth chapter describes the use of...
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Copyright protection of visual arts
Zajíčková, Zuzana ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
in English Fine Arts and other types of Visual Arts Copyright This dissertation deals with copyright law with a special focus on fine art and modern forms of contemporary visual art. The introduction describes in brief the copyright, especially its inclusion in the law system, the definition of basic principles and sources of law. Further it concentrates on personal and property authors' rights in its specific forms. The next chapter deals thoroughly with the legal definition of fine art, including both its traditional and modern forms. The following part summarizes the means of legal protection of fine art, by both private and public actions. The fifth chapter presents a legal and philosophical reflection on the protection of art in public space, street art and graffiti, the unique art forms that come often into conflict with the third parties' rights. The sixth chapter is a follow-up to the previous and addresses the legal regulation of urban art (street art and graffiti) in France. The seventh chapter analyses the well-known cases related to copyright disputes in Czech legal environment. The next part is focused on copyright and its concept in France, the historical and philosophical context, the definition of copyright and the obligatory conditions of protection. This chapter also contains a...
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Limitations and Exceptions to Copyright from the Perspective of European and Chinese Law
Hájková, Erika ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
V ČESKÉM JAZYCE VÝJIMKY A OMEZENÍ AUTORSKÉHO PRÁVA Z POHLEDU EVROPSKÉHO A ČÍNSKÉHO PRÁVA "Výjimky a omezení autorského práva jsou nejdůležitějším právním nástrojem pro sladění autorského práva s individuálními a skupinovými zájmy široké veřejnosti,"1 konstatuje Deklarace o vyvážené aplikaci třístupňového testu. Autorské právo dnes hledá své hranice jak co do vyvážení práv autorů, držitelů autorského práva (pokud jsou od autorů odlišní) a veřejnosti či uživatelů, tak v kontextu nových technologií a nových, rozvíjejících se způsobů užití autorských děl, v nichž se často spotřeba a tvorba prolínají. Mimoto se zintenzivňuje proces nalézání hranic toho, co bychom mohli nazvat obecně uznávaným standardem autorského práva na podkladě mezinárodních smluv, a prostoru, který je výsostnou doménou jednotlivých států a je pro regulaci ponechán právě jen jim. Výjimky a omezení autorského práva jsou "bitevním polem", kde se tato rovnováha nalézá nejčastěji. Je proto zajímavé uskutečnit komparaci českého přístupu k otázce výjimek a omezení, determinovaného jak koncepty a teoriemi ryze českými, tak příslušností českého práva k (dnes již) nadřazenému právnímu řádu Evropské unie, s právním řádem "orientálního giganta", Čínské lidové republiky. Pokud postavíme vedle úpravy české, jejíž podrobný výklad bude prací...
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Unlawful use of a copyrighted work
Bustová, Dita ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
RESUMÉ Unauthorized use of author's work This diploma paper deals with the unmaintainable situation in which copyright law (author's law) appeared. In the preface the importance of copyright for industry is highlighted. The new digital age in which we live nowadays provides for copying the work in a good quality. Then this paper describes some chosen issues and talks about the alternatives to copyright law. Firstly, a basic legal institution of Czech copyright law are described, such as what is copyright law, what is a work, who is an author, which rights does he have, exceptions to these rights, author's remuneration etc. After that follow legal sources on the international, European and national level (especially TRIPS, WIPO Treaties, EU Directives concerning copyright and Czech Author's Act No 121/2000 Coll.). Secondly I chose three areas of up-to-date problems that are: the digitalization of works by libraries, peer to peer sharing of works via Internet and the protection of computer programmes. The last two sections are concerned with two possible alternatives to copyright law. A lot has been expected from so called Digital Rights Management which tries to keep all rights of the author. DRM joins the law with the technology. The weak point is that the technologies do not yet handle how to keep all 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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Copyright exceptions and limitations
Runštuk, Václav ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The thesis deals with copyright exceptions and limitations on the three levels of legal regulation, i.e. international law, regulation within the European Union and the national legislation. Legal regulations in Czech Republic, Great Britain and the United States of America are studied in detail. The issue of copyright exceptions and limitations is discussed very frequently last decades, especially due to and in connection with the rapid development of new technologies facilitating copying and distribution of the works, which is however connected also with the violation of copyright law on a massive scale. Therefore, it is difficult to reach and maintain the proper balance between authors, rightholders and public. The thesis focuses both on certain selected exceptions and conceptual comparison of systems of regulation in question. Special attention is paid to the so called three-step test which influences the current system considerably. The harmonisation of the exceptions and limitations within the European Union is examined in more detail as well. The thesis also includes critical evaluation of the current situation, possible solutions, prevailing trends and suggestions de lege ferenda.
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