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Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
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Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...
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Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems
Votava, Antonín ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Moral rights in the Czech Republic and in selected countries of continental and Common Law legal systems Abstract This thesis focuses on moral rights, which together with economic rights form one of basic ways how to divide copyright law. The primary function of moral (copyright) rights is to protect various rights of the author, which are not economic rights. In the introduction part of this thesis there are basic definitions and specifications of moral rights and their genesis in the continental legal system. The second chapter explains the different approach to moral copyright in the continental legal system and in the Common Law legal system, including a short historical excursion into those legal systems. The third chapter is briefly dedicated to the development of copyright law with the emphasis on moral rights during the 18th century, explanation of the difference between one-tier and two-tier approach to copyright law and certain issues regarding the territoriality of law. It also contains relevant legal acts that were in force in the Czech Republic during the 20th and partially during the 19th century. The fourth chapter consists of thorough explanation concerning each type of moral rights in the Copyright act that is currently in force in the Czech Republic. The fifth chapter is devoted to moral...
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Domain disputes
Askinová, Deniz ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Domain disputes Abstract This rigorous thesis named "Domain disputes" deals with today's topical issues. It is divided into three chapters. In the first chapter, I will try to shed light on the "domain name, its legal and technical limitations and principles of its registration". Domain name limitations from the legal point of view represent the nature of a domain name in the Czech Republic. Domain name is perceived to be an object, as absolute and relative right or as other property value. From the technical point of view it is a structure and categorization of domain names into top level domains, secondary domains and tertiary domains or sub-domains. The most important and principal part of this thesis is contained in its second and third chapter "Settling domain name disputes, including settling of domain name disputes by extra- judicial authorities". Here I deal with the various forms of misuse of domain name, dispute-solving possibilities in respect to domain names in the Czech Republic both in extra-judicial way and in alternative solutions. The second chapter of this thesis dealing with "settling domain name disputes" targets the forms of domain name abuses, registration of domain names with speculative intentions, when the aim is to subsequently transfer domain names at a profit. It is these...
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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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The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy
Szpyrc, Daniel ; Dobřichovský, Tomáš (referee)
The thesis titled "The Internet and copyright - the scope of liability of individual parties involved and modes of protection against piracy" deals with both, the protection of copyright and the scope of liability of various actors in the Internet environment. The content of the thesis is divided into four chapters, which allows the reader to be gradually acquainted with the whole issue. The first part briefly mentions development of the Internet network and its incorporation into the Czech legal order. The second chapter is devoted to the copyright protection in the Internet environment. Its content focuses on the most common methods of use of the author's work via the Internet, which is a reproduction of the work and its publication. This chapter further describes the development and operation of data sharing through peer-to-peer systems. Furthermore, it also deals with the issue of downloading of the work and application of the statutory exemption from liability for personal use only. The scope of liability in the Internet environment is largely harmonized by European provisions. For this reason, the third chapter contains the development phase of liability of the Internet services providers in the European countries. The first part of the third chapter demonstrates different approaches to the...
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International and European aspects of protection of industrial property
Píza, Jan ; Dobřichovský, Tomáš (advisor) ; Růžička, Michal (referee)
Resumé The field of legal protection of industrial property has gone through a turbulent period since the end of the 19th century, as it has had to react, not only to the fast development of international trade but also to the increasing importance of research and technological progress. This requested creation of international systems of protection for individual subjects of industrial property, as well as the conclusion of many multilateral international treaties, which aim to ensure minimal standards of protection and unify fundamental principles and substantive and procedural rules, has significantly helped to simplify the position of applicants seeking protection in more countries, as well as those responsible for overseeing these rights. This thesis aims to provide a complex view of the field of industrial property rights and their protection, which will also be reflected in the individual breakdown of the chapters. After the introductory explanation of the industrial property concept and the clarification of the importance of its legal regulation, an analysis of the historical context and development leading to the gradual internationalization of the field, follows. In the remaining chapters space has been reserved for the most important international treaties, whose complexly have regulated the...
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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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