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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...
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