|
|
Copyright Aspects of the Development and Use of Artificial Intelligence (AI)
Heinzel, Matyáš ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
Copyright Aspects of the Development and Use of Artificial Intelligence (AI) Abstract The thesis focuses on copyright aspects related to the development and use of AI. In light of the ever-increasing importance of AI in society, the thesis describes how this technology affects copyright law. The thesis focuses on a general interpretation of the term AI, discusses the concept of a work in the sense of copyright law, and further explores the field of automated text and data analysis, which is essential for the development of AI technologies. In addition, the thesis deals with the creation of works with the help of AI. The main objective of the thesis is to analyse in detail the regulation of the licences to reproduce a work for the purpose of automated text or data analysis and to describe the legal regime of the outputs generated using AI. In this respect, the thesis also discusses the conditions under which copyright may arise in AI-generated outputs. In summary, the thesis should provide a comprehensive overview for public users of AI and improve their understanding and orientation on the relationship between AI and copyright. The analysis of licenses to reproduce works for the purpose of automated text or data analysis has shown that legislation unwittingly hinders AI innovation within the EU by limiting...
|
|
|
Use of Work of Art in the Internet Environment and Liability Relationships
Bradna, Jakub ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Use of Work of Art in the Internet Environment and Liability Relationships Abstract This thesis deals with the use of work of art in the Internet Environment and liability relationships arising on the Internet. The thesis examines the essential concepts that accompany the use of works on the Internet, their historical development and context. In particular, the author's exclusive right of communication to the public, the violation of which gives rise to a copyright tort, or the definition of an Internet service provider (ISP) under various EU legal regimes. The thesis also offers a summary of the most important aspects of the most recent applicable EU digital legislation (DSM and DSA), as well as a reflection on lessons learned from the enforcement of previous digital legislation. The thesis defines the conditions for limiting the liability of ISPs, the so-called safe harbor, and the consequences of leaving the safe harbor. This thesis offers a comparison between the American and European concepts of safe harbor. The thesis describes the construction of the copyright tort that may arise after the loss of safe harbor protection, assuming that the ISP is directly or secondarily liable. The thesis offers a brief summary of unfair competition and criminal liability as well. This thesis pays particular attention...
|
|
|
Protection of intellectual property rights in the fashion industry
Duong, Erik ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
This thesis focuses on the area of intellectual property law in the fashion industry. The main objective of this thesis is to highlight the pressing issues in the fashion industry, to examine the various forms of intellectual property protection applicable in the fashion industry. Following the analysis, an assessment of the impact of fast fashion on the fashion industry is made. The thesis addresses the complex environment of the fashion industry, which is characterised by fast global supply chains and rapid production cycles. However, these dynamics raise significant challenges and unfavourable practices that lack robust legal safeguards. The main problem is the proliferation of low-cost production driven by fast-fashion brands, leading to overconsumption, environmental degradation and labour exploitation. This lack of effective legal measures increases the burden faced by affected communities and contributes to the growing problem of textile waste. In addition, the practices of fast fashion brands, which often copy the designs of both renowned and lesser-known designers, undermine the competitiveness of indigenous creators in the sector. This interaction fosters an environment that favours fast fashion at the expense of sustainable and ethical fashion. The thesis is divided into eight chapters....
|
|
| |
|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
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...
|
|
|
Digital distribution of sound works with a focus on the status of the author and his remuneration in the context of popular and production music
Kapic, Jan ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Digital distribution of sound works with a focus on the status of the author and his remuneration in the context of popular and production music Abstract This thesis deals with the digital distribution of music, the status of the author in the online environment and the remuneration of rights holders for the use of these works and the legal framework set by Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital market and amending Directives 96/9/EC and 2001/29/EC and its transposition into the Czech legal order. In the first chapter, I define an important historical context for the material discussed below, in terms of technical development and legal uniformity. The second chapter is devoted to the definition of legal terms important for the thesis and the range of legal regulations concerning copyright, primarily Copyright Act No. 121/2000 Coll. The third chapter is devoted to the music sector in terms of the division into production music and popular music and the specifics of their use. The fourth chapter describes the various models of digital music distribution and the pitfalls that have accompanied their dynamic evolution in a society whose legal environment has often been unprepared for and had to respond to them....
|
|
|
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...
|
guest ::
