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The current development of copyright law in the digital environment with the emphasis on the legislation of the EU
Tuček, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The current development of copyright law in the digital environment with the emphasis on the legislation of the EU Abstract This rigorous thesis follows up on the thesis from 2018 titled "Internet and Copyright", which generally dealt with the scope of copyright law in the internet environment and was concluded by a basic presentation of the forthcoming copyright reform in the Digital Single Market in the European Union. The goal of this thesis is therefore to reflect and analyze not only the result of this reform, which was completed in the meantime at the EU level and moved to the implementation phase at the level of the member states, but also other related developments that have taken place in the field of copyright in recent years, with relevance for the digital environment and information society in general. The thesis is systematically divided into two parts. The first, more general part creates the theoretical and legal basis of the thesis, in which the following interpretation is embedded. The first chapter thus briefly presents the basic theoretical-legal basis for copyright and the justification for its existence and offers an overview of its main legal sources relevant to the digital environment at three levels: international, EU and Czech. The second chapter deals with the general relationship...
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Copyright law aspects of advertising on social media
Tuzová, Lucie ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
Copyright aspects of social media advertising Abstract This paper aims to provide an overview of the copyright aspects of advertising content on social networks and to identify the key issues in this area. It first provides the theoretical framework necessary for a proper understanding of the various institutes that are described in the course of the thesis. This includes an introduction to the terms of advertising and social networks, the specifics of which are then presented in the context of a general explanation of the conceptual attributes of a copyright work or a description of the author of the work. As this is a relatively modern and still developing field, the thesis also discusses the innovations that can be seen in social media advertising in recent times. In particular, the use of artificial intelligence tools to create advertising content. The legal framework has not yet been able to respond to the rise in popularity of these tools and the thesis describes possible ways of future regulation. In many parts of the thesis, the complexity of advertising is discussed, for example, from the perspective of the broad set of legal norms regulating advertising or the process of creating advertising content. The advertising chain, which illustrates the complexity of the relationships that arise in the...
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Calculating damages in copyright infringement claims
Prokop, Jan ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Calculating damages in copyright infringement claims The diploma thesis is focused on the issue of calculating damages in copyright infringement claims. In the work, the author summarizes the basic aspects of copyright and subsequently focuses on the analysis of the current legislation on the calculation of the amount of damages in copyright infringement claims. The thesis is written with an emphasis on current trends in copyright law, which are mainly the use of author's works on the Internet, the use of file hosting repositories, framing, embedded links, and BitTorrent. The diploma thesis is divided into five chapters, among which the Introduction and Conclusion are not included. In the first chapter, the author describes the basic principles of copyright important for its functioning, provides definitions of important terms institutions, describes current developments and trends in the field of copyright and, in the end, addresses the issue of cybercrime. In the second chapter, the author discusses some ways of copyright infringement, considering current problems. The connection of copyright with some of the modern technologies mentioned above is also discussed in the second chapter. The chapter is supplemented by the most important jurisprudence in this area. The third chapter is dedicated to...
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Copyright exceptions and limitations with regard to the online environment
Wittlich, Herbert ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
1 Abstract: Copyright exceptions and limitations with regard to the online environment This thesis focuses on the concerns of copyright law exceptions and limitations, with a focus on how they apply in the digital world, especially on the internet. Key elements of copyright law, such as exceptions and limitations, have come under increased examination, particularly in light of current technical developments and the digital revolution. The directive on copyright in the Digital Single Market (DSM Directive), which will be incorporated into Czech law in 2023, is a recent development that is examined in the thesis' analysis of European copyright law. The thesis compares diverse techniques, including those from Anglo-American and European legal traditions, to define and explain exceptions and limitations. The author also looks into how these techniques may be combined, especially how open clauses might be added to the European list of exclusions and limitations. The "three-step test" is looked at in another section of the thesis as a legislative ceiling for the addition of additional exceptions and restrictions. Both at the legislative level and in the implementation of copyright law, this institute is significant. The crux of the thesis is an analysis of the exception for temporary technological reproductions...
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Blockchain and copyright
Novotný, Martin ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
1 Blockchain and copyright Abstract The purpose of this Thesis is to familiarize the reader with the phenomenon of blockchain, both technically and legally, and then to describe the points of intersection of the sets of this phenomenon with copyright law, especially the copyright law of the Czech Republic. The first and second chapters of the Thesis focus on introducing the reader to the blockchain (especially in its technical aspect) and on defining important institutes of copyright law, both in general and regarding the Czech legislation. In the third chapter, the thesis focuses on the assessment of the applicability of certain copyright institutes to the blockchain, particularly its possible regulation as a quasi-work under Section 2(2) of the Copyright Act. The following chapter follows this intersection of blockchain and copyright law with a deeper analysis of NFTs, as this is the area of blockchain most often in contact with copyright law. Considerable attention is paid to assessing whether NFTs can be considered a copyright work. The fifth chapter of the Thesis is devoted to the emerging phenomenon of the metaverse, in particular the definition of its typology. Subsequently, certain points of contact between the metaverse, blockchain and copyright are set out, where this interpretation is followed by...
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The phenomenon of illegal downloading - a comparison of Czech and German approaches
Štuksová, Natálie ; Zelená, Alena (advisor) ; Kunštát, Miroslav (referee)
Bakalářská práce Téma: Fenomén ilegálního stahování - porovnání českého a německého přístupu Anglicky: The phenomenon of illegal downloading - a comparison of Czech and German approaches Autor: Natálie Štuksová Studijní program: Česko-německá studia Vedoucí práce: PhDr. Alena Zelená, PhD. Abstract This bachelor thesis is dedicated to the topic of illegal downloading. It compares two different approaches to this issue, namely from the Czech Republic and Germany. In Germany, illegal downloading is punished much more severely than in the Czech Republic. Also, the legal framework that determines what is considered an illegal download is much stricter in Germany. The aim of this paper is to identify the reasons that cause the different approach to illegal downloading in these countries, which otherwise share a number of similarities. The thesis also seeks to provide a professional analysis of a phenomenon that almost every Internet user encounters in everyday life. The thesis concludes that the most fundamental cause is a different modern historical experience. Germany, unlike the Czech Republic, has a more than 70-year tradition with a democratic system, while the Czech Republic had a socialist unfree regime until 1989. Other reasons, such as society's attitude to the issue or the legal framework, stem...
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NTF copyright protection issues
Nováková, Magdalena ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
NTF copyright protection issues Abstract This thesis examines the new emergent phenomenon of non-fungible tokens known as "NFT". NFT reflects the direction in which today's society is moving, that is toward digitalization. Although this phenomenon crosses multiple branches of law, this thesis examines its role in the context of copyright law, with some intersection into other branches which are directly related to it. In particular, the aim of the thesis was to examine the relationship between the NFT, its underlaying material and various aspects of intellectual property rights, in particular the copyright law sector. Whether the application of these legal rules is relevant and the consequences the phenomenon will bring in the future. Last but not least, this thesis seeks to explain the potential that is behind the universality of possible use of NFTs. The challenging aspect has been the under-explored field in which the NFT is found, which offers possibilities of free reflection and speculation. Because of the lack of legal regulation, one of the main methods used in this thesis has been the analogy of legal norms that can be reasonably applied. The process of comparison with other digital assets and their placement in the context of the law also helped in understanding the role and function of NFTs. In...
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Protection of Computer Games and Video Games
Brádlerová, Andrea ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Protection of computer games and video games Abstract This thesis focuses on the phenomenon of video and computer games and their protection under intellectual property law, especially copyright law. It aims to provide a comprehensive assessment of the position of video games in Czech copyright law and an overview of possible protection regimes, while also reflecting on the current practice of the video game industry. The interpretation of the issue is introduced by the concept of video games as an interdisciplinary subject of research. The history of development of video games and their technical nature are also adequately addressed. The beginning of the discussion on the legal nature of video games is defined by a review of relevant legislation in the international and national context, where the role of harmonisation through European directives is particularly emphasised. The thesis then discusses the basic copyright concepts of national legislation and moves on to outline the breadth of possibilities for the concept of the video game in current copyright law, presenting arguments and considerations relevant to specific classifications of the video game as an object of its protection, supported by contributions from scholarly discourse. Attention is paid to the debate on the concept of the video game as...
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Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
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Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
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