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Fanworks and Copyright
Macáková, Michaela ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Fanworks and Copyright Abstract Fan works are works of authorship created by fans of a preexistent work from which they adopt characters, plots and worlds, and are distributed especially via the Internet. However, by doing so, the fan-author may infringe upon the copyright of the author of the preexistent work. The thesis Fanworks and Copyright introduces fanworks from a copyright perspective and starts a discussion whether current copyright statues are still appropriate in the era of massive growth of the Internet and online creative fan communities. Although it is not possible to state in general that fanworks infringe upon copyright, as there are multiple factors to take into account (what elements the author-fan adopts from the preexistent work, whether the author of the preexistent work has given consent for such use, whether the term of protection of the preexistent work has expired and whether there is a statutory exception), it can be stated that a large number of fanworks use copyrighted elements from preexistent works without the authors' consent, and since there is no exception in the Czech (and European) legislation that can be applied to fanworks, copyright is often being infringed upon. The complexity of the legislation and the legal uncertainty associated with its inconsistent application may...
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Protection of e-shops from the point of view of intellectual property law
Lokvenc, Dominik ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
This work aims to provide a basic and practical overview of the means of protection of e-shops from the point of view of intellectual property law so that every founder or operator of the e- shop, their representative or employee, or any other reader who is interested in this topic, can get acquainted with particular intellectual property institutes and their eventual application to a specific e-shop. The first part of this thesis explains the basic terminology concerning both intellectual property law and e-shops themselves. In addition, the first part also discusses the characteristics of e- shops as a means of e-commerce. The concept of the first part should thus facilitate the understanding of a more detailed analysis of individual intellectual property institutes across the remaining parts of the work. The second part discusses the protection of e-shops from the point of view of copyright. The possibilities of copyright protection of the e-shop as a whole, as well as its individual elements are described. Individual aspects are then assessed not only from the point of view of Czech legislation, but also from the point of view of European Union law, including possible consideration of German case law or US case law. The analysis of each e-shop element is then accompanied by a series of practical...
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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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The author and the performer of the musical work as parties to copyright relations in the process of creation and exploitation of the copyright work
Kletenský, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of the thesis is to present the legal framework of the copyright and rights related to copyright to authors and performers of musical work. As a relatively complex issue, in my opinion, it is important for authors and performers as artists to have at least a basic idea of what rights and obligations arise in the process of creation and exploitation of musical works and what legal framework of protection the law provides to them. Moreover, this topic is very close to me because I am myself author and performer of musical works. The first chapter deals with the musical work in terms of its individual components, both from legal and music theory point of view. Considering that the criterion of uniqueness of the copyright work does not exclude the use of parts of other works, I also examine the issue of legal uses of foreign works in the process of the creation of copyright works and the issue of plagiarism. At the end of the first chapter I mention the creation of a copyright work by collaboration of multiple authors (which is typical for musical works). In the second chapter, I introduce to the authors the catalogue of their moral and property rights, focusing on those areas that are relevant to musical works, including the duration of their rights and post-mortal protection. The third...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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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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Documentary Film from the Copyright Point of View
Fořt, Ferdinand ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis Documentary Film from the Copyright Point of View is to explore and evaluate copyright specifics of documentary cinema. Chapter One describes documentary film as a culture phenomenon with peculiar relationship to reality. It shows possible definitions and classifications and outlines some of the ethical questions connected with the documentary cinema. Then follows a brief excursion into the history of copyright protection of audiovisual works (both in the Czech Republic and in the international context), with emphasis on speciality of documentary films protection. Chapter Three examines terms audiovisual work and authorship of an audiovisual work as defined in effective Czech Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and tries to mark boundaries of these terms and its possible interpretation especially in relation to the documentary and other non-fiction films. Next chapter deals with the legal nature of protagonists of documentary or social actors which differs from legal nature of the actors in fiction films, because social actors does not perform artistic performances as defined in Czech Copyright Act. Subsequent Chapter Five analyzes protection of personal rights of social actors in documentary films which is governed by general protection of...
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The Internet and copyright-modes of the use and the scope of protection of a work (traditional usage, peer to peer network, email...)
Nebesář, Marek ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
80 Abstract The aim of this thesis is to describe various ways of use of works on the Internet and method of their copyright protection in this specific environment. Because without any doubt the Internet interferes with everyday life of today's society and subsequently has a significant effect on further development of a legal system, this topic becomes very relevant. The thesis itself is divided into four chapters. The first chapter is devoted to general description of the Internet and copyright law, and contains explanation of development of this private law area in the territory of the independent Czech Republic, including list of national and international legal sources. The second chapter defines the copyrighted work and its different types according to the Czech Copyright Act, an individual author, use of the work, whether in the form of a contractual or non-contractual disclosure and also important topic of making the work available through the Internet. The third chapter analyzes the copyright protection in the private and public spheres, and technical means of such protection (DRM). The last, and with respect to the discussed topic the most important, fourth chapter deals with various ways of use of works on the Internet, including their detailed description. Downloading and uploading, legislation...
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Intellectual property rights protection of computer programs, information systems and related services
Kalíšek, Jindřich ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
Ochrana počítačových programů, informačních systémů Jindřich Kalíšek - Disertační práce a příbuzných služeb právem duševního vlastnictví Strana 1 z 3 Intellectual property rights protection of computer programs, information systems and related services Thesis Abstract 1) Dissertation thesis titled Intellectual property rights protection of computer programs, information systems and related services deals with the main legal approaches and their selected alternatives to the legal protection of computer programs, information systems and related software services. 2) The goal of the thesis is to analyse and provide the reader with consistent up-to-date information in particular on the two main forms of legal protection - copyright protection and industrial property protection of computer programs, to concisely describe their development, current status and key legal norms (international, EU and national) and that establish them. 3) The dissertation consists of an introduction, nine chapters and a conclusion. The thesis is divided into four units - introductory explanation, part of copyright law, part of industrial property (IP) law and final comparative part. 4) In the Introduction, the reader will get acquainted with the key concepts and issues elaborated in the thesis, as well as with the basic theoretical...
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An outline of special regimes of protection with respect to individual types of copyrighted works including a comparison with general protection
Gelner, Radim ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Radim Gelner Overview of specific modes of authorial work protection including the comparison with the general mode of protection - Diploma Thesis Summary In this thesis we analyze specific modes of protection of authorial works provided by the Czech Copyright Act 121/2000 Sb. as amended. These specific modes of protection are invoked either by the type of authorial work (for example computer programs) or by legal circumstances at the time the authorial work is created (for example existing employment relationship). In the first part of the thesis we discuss the parties of intellectual property relationships. Although the author is the primary party of such relationships there are other subjects as well such as heirs, employers, licensees, movie producers etc. We briefly describe the natural rights and the property rights of the author relating to the authorial work and modes of their transferral to other subjects of the intellectual property relationships. Then we follow up with the description of authorial work as a subject of intellectual property relationships. The legal definition of authorial work is provided and analyzed as well as specifics of various kinds of authorial works and modes of its creation (such as joint-authorship). In the third part we discuss the content of natural and property rights...
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