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Rights of producers of audio and audiovisual recordings
Pipková, Markéta ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Resume The thesis is focused mainly on the rights of phonogram and audiovisual fixation producers. Choosing this topic came as a result of my own personal interest in music, as well as the constantly active public debate regarding the protection of rights of the producers in relation to the expantion of internet and related transmission of digital data. Part one is followed by establishing main terms, specifically the phonograms and their producers, and audiovisual fixations and their producers. The history of copyright protection and related rights is discussed in the third part. Despite the long history of intelectual property protection, copyright and related rights were not included into the Czech legal system until 1953. The historical excursion into copyright and related rights leads to exploration of the rights of phonograms and audiovisual fixations producers, especially in the light of how easy their worldwide distribution in today`s world is. Copyright is based on the quasidual concept of personal and property rights. Producers of phonograms or audiovisual fixations are granted solely property rights. The last two chapters are devoted to the explanation of individual rights and their potential civil or public protection under the valid Czech legal system.
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Sports and Intellectual Property Law-Copyright Focus.
Zikl, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Sports and Intellectual Property Law - Copyright Focus Intellectual property affects with bigger or lower intensity almost all areas of modern society, sports not being an exception. Inventions of new technologies allow sportsmen and sportswomen to reach better results and to compete in new sports disciplines. Impact of broadcasting rights and branding of teams and their sponsors were detrimental to financial grow of sports and allowed sports to become a quasi-religion for many people round the world. Audience is attending sports for mental satisfaction and other reasons similar to those for visiting theater. In antic Greek Olympics were sportsmen in direct competition with poem writers or rhetoricians. This thesis focuses on copyright ability of "Sports" itself (term "Sports" is used in this thesis as including sports moves/complexes of sports moves and sports events). In "Part 1 - Introduction" is discussed the role of intellectual property in sports and the role of sports in modern society in general but yet with more details. Farther, in part 1 are set forth definitions of terms used later in the thesis. Part 2 examines the legal possibility of copyrighting sports first from the U.S. point of view - where this matter was already brought to attention by several scholars and several papers have...
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Use of software of third parties in commercial applications
Panáček, Jan ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Užití software třetích stran v komerčních aplikacích 99 English summary and keywords. Usage of third party software in commercial applications. This thesis deals with the legal implications of using software written by other parties (hereafter referred to as "third party software" in conformance with industrial practice) in the process of developing a commercial application. Software developers worldwide have always been looking for a way to minimalize their costs and efforts by reusing already available software components in their own new programs and thus not investing into reinventing the wheel. This process is mainly done by incorporating open source or public domain software. It is readily available through the Internet download under seemingly non-restrictive licenses. Other options are also possible, like adopting industrial standards or settling for commercial licensing of relevant technology from other developers. The goal of this thesis is to analyze this usage of third party software. From the legal point of view, main focus is on open source licensing, international copyright law and conformance of the Czech legal system with US, European and international licensing requirements. It also deals with other issues which arise from internet distribution of works, software development and patent...
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Copyright protection of software
Vajbarová, Radka ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Copyright protection of computer's programs Summary The mainly points of my thesis are to show and provide with the basic information about the legal protection of computer's programs. This is in my opinion the mainly topic. In my diploma paper I've focused on valid computer's programs legal protection based on the Czech Author Act No. 121/2000 Sb., right of authorship, related rights of authorship and the variation others rights (the right of authorship) and also supportive by criminal rights. This valid legal protection corresponds to Europe's and international law systems. The computer's programs are protected by the rights of authorship like literary work (if they fulfill the conditions mentioned in § 2 art. 1 or § 2 art. 2 rights of authorship). With respect to computer's programs the rights of authorship contain this law special § 65 and § 66 which explain the limitation of the rights. The other points of the thesis are about licence's agreements and about how to get legal computer's program. I also mentioned author's pretension following from the rights of authorship. Regarding to the discussion about protection the programs I mentioned often arguments pro and con rights of patents. Recently European Parliament closed the discussion about draft of the patent's bylaw, but I would say that this case...
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Copyright protection in music industry
Cittová, Gabriela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin, content and restrictions. Copyright is based on the quasidual concept, which simply means that we distinguish the moral rights from the property rights. In this work, I explain the content of all of these individual rights. I also address the licensing contract, by which the author authorizes another person to administer the rights to use his piece. I am focusing on cases of the so-called non-contractual use of production, which means that the user may use the work without the consent of the author and free of charge. Furthermore, I define the idea and the content of performer's rights to his artistic output, the manufacturer of the sound and image recording rights to his sound recordings and radio and television broadcaster's rights to his broadcast. At the end of this work, I am focusing on the activities of...
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Copyright in architecture
Žižková, Šárka ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
94 Abstract The purpouse of my thesis is to provide a comprehensive overview of the issues of copyright in architecture. I tis very complex topic and orientation in it brings many difficulties not only to public. As revealed in my work, there is very few litigation on this issue, but that doesn't mean that they doesn't exist at all. However, architects or architectural ateliers mostly aren't interested in venturing into protracted disputies and the vast majority of these disputies ends with out court settlements. This behavior is understandable, since building design represents architect's livehood, they rather abates in their opinions rather than undergoing the time and economically disadvantageous battle with the investor. My diploma thesis consists of six chapters, each of them examines architectural work from a different perspective. The purpouse of the first chapter is to clarify the concept of architecture and traditional architecture, which the Copyright Act concieves just very briefly. The second chapter analyzes the characteristics of an architectural work, including the urbanistical work. Another part focuses on legal conceptual characteristicss that work must fulfill to be under the protection of copyright law. Beside that, I describe concept of authorship, co-autorship and employee work issues....
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Agreements and contracts within copyright law
Vlasák, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...
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