|
|
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...
|
|
|
Case law of the CJEU and Czech courts on the use of works on the Internet
Chaloupecký, Daniel ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Case law of the CJEU and Czech courts on the use of works on the Internet Abstract This thesis deals with the issue of the use of copyright works on the Internet and its aim is to compile an overview of the most relevant case law on the subject and to analyse it in appropriate sections. Systematically, it consists of three main chapters. The first is of an introductory, general nature and focuses on the interpretation of the basic concepts of copyright in general and the question of authorship. In the second chapter, the author focuses on the institutes and the European and Czech legislation in force on the use of copyright works, which is viewed through a rather general prism. Already here, however, the Internet aspect of the problem is gradually emphasized and, to increase the reader's comfort, references to previous or subsequent parts are made extensively throughout the work. The sometimes neglected institute of public licenses and open source software is also given prominence. The third, most extensive and central chapter of the thesis, discusses firstly the phenomenon of the World Wide Web and its perception from a legal point of view and continues by describing the most important specifics of the use of copyright works on the Internet. This is followed by a battery of specific uses of copyright works...
|
|
|
The Internet and Copyright - liability of Information Society Services Provider
Vytopil, Aleš ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
Internet and copyright - liability of information society service providers Abstract The diploma thesis primarily deals with the liability of information society service providers with a focus on relevant legislation at the level of the European Union as well as the national legislation of the Czech Republic. The author's goal is to provide a comprehensive legal analysis of this issue with respect to copyright infringement on the internet. The opening chapter is dedicated to providing a definition of the term internet itself, the description of the beginnings of this technology and the basic technical parameters of the internet. The subsequent chapter provides an analysis of the institutes of copyright and copyright work and their relationship to the development and commercialization of the internet. The main technological tools that have been and are being used to infringe copyright on the internet are also outlined and the legislation and case law related to it. The core part of the thesis focuses on the definition of the terms information society service and information society service provider together with the relevant jurisprudence of the Court of Justice of the European Union. Information society service providers are divided into relevant categories, according to the nature of the service they...
|
|
|
Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
|
|
|
Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
|
|
|
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...
|
|
|
System of copyright protection in the CR and the USA
Jírovská, Alena ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
RESUMÉ Copyright protection under the Czech and U.S. law The main purpose of this thesis is to compare the key aspects of the European civil law approach and the Anglo-American system of the copyright protection. This paper also aims to outline current issues that copyright protection confronts in the digital age. The first of the five chapters is introductory and describes general concepts that both of the legal systems are based on. It addresses the philosophical backgrounds and evolution of the European and Anglo- American legal traditions and also mentions the relevant Czech and U.S. legislation. The differences between the civil law and the common law theories are explained by illustrating the individualistic European approach founded on the natural rights philosophy and the commercial U.S. approach based on utilitaristic principles. The second chapter is dedicated to explaining the subject matter of copyright under the Czech and U.S. laws. The categories of the original works of authorship are described and, above all, attention is given to the moment in which the copyright protection is effectively created. Under the Czech law, the legal conditions are met when expressing the work in any form that is objectively perceivable by a human being. On the other hand, the requirement of fixing the work in...
|
|
|
Software piracy
Kubec, Vojtěch ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
IN ENGLISH The purpose of my thesis is to analyze phenomenon called software piracy. The thesis is composed of seven chapters, each of them dealing with different aspects of issues related to the software piracy. Chapter One is introductory and defines term software. Chapter Two examines the software piracy. The chapter consists of seven parts. Part One focuses on basic definition. Part Two investigates software piracy in cyberspace. Part Three defines individual categories of software piracy and the reasons for them. Part Four explains and describes illegal software and illegal use of software. Part Five deals with restrictions on extent of rights of author to his software related to the legal license. Part Six is focused on sociocultural aspects of software piracy and impact of these aspects on the effectiveness of legal regulation. Last Part of this Chapter is dedicated to the public research on questions relevant to the software piracy. Chapter Three is subdivided into six parts and provides an outline of relevant legal regulations for protection of software. Part One contains basic demarcation. Next Parts are dealing with the protection of software with the relevant provisions of administrative law, business law and criminal law. Finally, it is also discussed on the patentability of software....
|
|
| |
|
|
Legal regulation of franchising with respect to intellectual property protection aspects
Michalcová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
Legal regulation of franchising with respect to intellectual property protection aspects The aim of the submitted thesis is to analyse the phenomenon of franchising as an instrument of commercialisation of intellectual property rights, assessment of the importance of these rights to existence and functioning of the system, instruments of its protection as well as the dynamics of the relationship between the franchisor and the franchisees in relation to these rights. The work consists of four topical sections. The first one is focused on franchising in general terms. It emphasises the internal differentiation of the phenomenon and presents the basic types of franchise systems, we might come across. Subsequently it strives for theoretical definition of the term by means of comparison. The second section of the work is devoted to the term of intellectual property. This chapter is introduced by a brief classification of the rights subordinated to the term which is followed by a discussion on significance of these rights to franchise systems. Subsequently is the focal point moved to the issues of trademark law and know-how protection, which are, in my opinion, from the franchising standpoint crucial. The third section of the work deals with trademarks, without aspiring on comprehensiveness of the...
|
guest ::
