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Payment of Royalties for Performing the Broadcast in the Bedrooms of Spa Facilities
Gantner, Filip ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
A b s t r a c t Title: Payment of Royalties for Performing the Broadcast in the Bedrooms of Spa Facilities The purpose of this thesis is to analyse the issue of payment of royalties for performing broadcast in the bedrooms of spa facilities, namely by the form of case study. The introduction shortly presents chosen subject and highlights the inconguity of jurisprudence in legal disputes relating to payment of royalties by spa facilities. Chapter one is dedicated to historical progression of different versions of the exceptions contained in section 23 of the Czech Copyrigt Act, which is also the cause for spa facilities to conclude that they are not liable for paying royalties to appropriate collecting society. Chapter two examines relavant jurisprudence by Regional Courts, High Courts and the Supreme Court of the Czech Republic. The jurisprudence of the Court of Justice of the European Union is also mentioned. Chapter three is composed of the introduction to the case study which illustrates the circumstances of the origin of hypothetic legal dispute which is to be solved by this thesis. Chapter four is the focal point of the thesis and it is presented by the judgement issued by a Regional Court in the legal dispute between the collecting society as a plaintiff and the spa facility as a respondent. The...
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Freedom of Speech in the Czech Media Enviroment - Case Studies
Gantner, Filip ; Benda, Josef (advisor) ; Křeček, Jan (referee)
The thesis brings complex description of the freedom of speech in the Czech media environment, while answering the research question of what are the limits of the freedom of speech of the media and in the media when the freedom of speech collides with the protection of the personality rights. The thesis is an interdisciplinary study combining media and legal studies. It emphasizes the role of media in the process of realization of the freedom of speech and it also concentrates on the role of case-law of the courts, which is applying the provisions on the freedom of speech. Special attention was paid to the conflict between the freedom of speech and the protection of the personality rights. First, the thesis defines particular elements (principles) of the freedom of speech on the basis of the provisions of the Czech acts, international treaties and previous case-law of the European Court for Human Rights. Then it examines how such principles have been reflected in case-law of the Constitutional Court of the Czech Republic. It also deals with general description of the protection of the personality rights. Based on the above-mentioned analysis, the thesis designs ten case studies focused on application of the main principles presented in the previous chapters of the thesis to hypothetic circumstances linked...
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CJEU Case C-351/12, OSA
Gantner, Filip ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 Abstract Title: CJEU Case C-351/12, OSA The purpose of this thesis is to analyse the proceedings before the Court of Justice of the European Union in case C-351/12, OSA, beginning with the reference for a preliminary ruling from the Regional Court in Pilsen until the judgment of the CJEU. In case C-351/12, OSA, the CJEU was asked to answer the following three questions: (i) if it is in compliance with the EU law to apply the exception stated in Section 23(3) of the Czech Copyright Act also to the spa facilities which are thus not obliged to pay royalties for performing the broadcast in its bedrooms; (ii) if there is a possibility to rely on a directive in a dispute between individuals; (iii) if the monopoly for single (monopoly) copyright collecting society is acceptable from the perspective of EU law and whether the monopoly copyright society does abuse its dominant position. The introduction shortly presents the chosen subject and the structure of the thesis. Chapter one is dedicated to the facts of the dispute in the main proceedings and introduces the issue and legal argumentation of both parties to the main proceedings. Chapter two examines the first referred question by summarizing relevant provisions of Czech, European and international law, historical development of different versions of the...
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Payment of Royalties for Performing the Broadcast in the Bedrooms of Spa Facilities
Gantner, Filip ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
A b s t r a c t Title: Payment of Royalties for Performing the Broadcast in the Bedrooms of Spa Facilities The purpose of this thesis is to analyse the issue of payment of royalties for performing broadcast in the bedrooms of spa facilities, namely by the form of case study. The introduction shortly presents chosen subject and highlights the inconguity of jurisprudence in legal disputes relating to payment of royalties by spa facilities. Chapter one is dedicated to historical progression of different versions of the exceptions contained in section 23 of the Czech Copyrigt Act, which is also the cause for spa facilities to conclude that they are not liable for paying royalties to appropriate collecting society. Chapter two examines relavant jurisprudence by Regional Courts, High Courts and the Supreme Court of the Czech Republic. The jurisprudence of the Court of Justice of the European Union is also mentioned. Chapter three is composed of the introduction to the case study which illustrates the circumstances of the origin of hypothetic legal dispute which is to be solved by this thesis. Chapter four is the focal point of the thesis and it is presented by the judgement issued by a Regional Court in the legal dispute between the collecting society as a plaintiff and the spa facility as a respondent. The...
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