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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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Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
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Copyright protection of software
Pech, Štěpán ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The goal of this diploma thesis is to provide an overview of the increasingly more important world of copyright protection as it concerns computer programs. The focus of this overview being primarily that of the national law of the Czech Republic, however this diploma thesis takes into account international law where applicable as well. The thesis begins with an introduction into the very concept of copyright law, the definition of a copyrightable work and that of computer programs and terms related therein. What follows is a brief account of the history of computer programs and computer programing in general as a basis for the following legal perspective into the matter. An international overview of the subject matter follows, including a look at key moments from an international perspective at the field of copyright protection of computer programs, including a brief overview of the Berne Convention, the TRIPS Agreement as well as aspects of European Law. Computer programs as subjects of copyright protection, including additional classification, are the basis of the next chapter, while an account of the specifics of authorship, co-authorship, collective works and works created under employment follows thereafter. The subject matter of copyright itself, distinctions therein, the subject matter of...
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Let's Play videos from the point of view of copyright law
Hálek, Jakub ; Žikovská, Petra (referee)
Let's Play videos from the point of view of copyright law Abstract This Master's Thesis examines Let's Play videos (that are a new but significant and popular part of the entertainment industry) from the point of view of copyright law, especially the Czech one. The view of the European Union law is of course not omitted. With respect to the global nature of the issue, the Thesis includes selected foreign legislation, case law and expert opinions. Since the issue of Let's Play videos is new and almost unexplored, this Thesis examines and defines not only Let's Play videos but also their creators. It also identifies sources of income from Let's Play videos, persons involved and their interests, which can collide with each other. Given the existential interdependence of Let's Play videos on videogames, this Thesis examines even some relevant copyright aspects of videogames. Besides the question of copyright classification of Let's Play videos, the Thesis also deals with not so obvious consequences of such classification. There are analyzed possible legal titles for the use of video games and their elements in the creation, publication and monetization of Let's Play videos as well. Subsequently, this Thesis also examines and analyses the current worldwide licensing practice in this field. Despite the fact, that...
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Collective management of musical works in Czech Republic
Matějičný, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of this thesis is Collective management of musical works in Czech Republic. Copyright law is specific area of Intellectual property law that protects copyright works. Intangible character of copyright law is the reason of lower level of possible protection by the right holders themselves. This is the reason why copyright holders unite in associations so called Collective management associations (CMA). CMA can ensure better protection than right holders themselves and push ahead their interests. CMA acts in their names but on the account of the right holders. CMA mainly protects two types of rights- mechanical rights (reproduction, renting etc.) and performing rights (concerts, background music etc.). Because of worldwide boom of internet piracy, income from mechanical rights in the beginning of 21st century drastically declined. In accordance with this trend declines the importance of mechanical rights in their original form. That's why this thesis is concern mainly on performing rights that are connected on communication to the public. The importance of mechanical rights is carrying on the internet and also on private copying levies which are also mentioned in special chapters. Performing rights are divided according to the type of usage into five categories of rights: live performing...
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Copyright infringement on the internet
Bejdák, Marián ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Main aim of the presented rigorous thesis is to describe legislation related to the Internet in Czech and Slovak Republics, european legislation and protection of distribution of work through the Internet. This thesis specifies process of creation of Internet network in context of the Internet history and its tools /webpages, forums, e- mail, torrents/, defines concept of copyright contravention and its regulation within international legislation, particular forms and methods of infringement on the Internet, propagation of multimedia works, responsibility relations liability for damages.
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Limits of copyright in visual art
Sýkora, Matěj ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Résumé: Limits of work of copyright in visual art This diploma thesis primarily deals with the concept of copyright work in the current Czech law and its relation towards works of contemporary visual art. The main aim of this thesis is to carry out a complex analysis of conceptual features of work of copyright under the Czech Copyright Act No. 121/2000 Coll. (including key and not always properly interpreted terms such as work of art, originality, or creativity) and then to apply these features to examples of the world's major works of visual art from the twentieth and twenty-first century. Author of this thesis tries to find out whether even specific works of visual art "meet legal requirements" imposed on works of copyright and thus may enjoy the copyright protection in the Czech legal system. It is the effort to identify boundaries between works of copyright and objects which are not under the protection of copyright law what is reflected in the title of this diploma thesis. Text of this thesis is divided into two main units. The first unit, which is the core of the thesis, is called "Limits of work of copyright", the second unit is called "Limits of appropriation". In the general part of the first unit the author tries to focus deeply on theoretical inquiry about the concept of work of copyright under...
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Copyright protection of databases
Šenkyřík, Boris ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The thesis focuses on the phenomenon of databases from the normative viewpoint; it examines them with respe to the legal issues, main stress being placed on the prote ion granted to databases by the intelle ual property law and on their incorporation in the legal system of the Czech Republic. The merit of the thesis can be seen in elaborating on decisions of the Court of Justice of the European Union regarding the harmonised regulations and in drawing a comparison to the provisions of the dire ive on legal prote ion of databases (or rather the Copyright A ) and analysing the impa of the decisions. The thesis is organised into eleven chapters, Chapter Two providing a brief introdu ion into the topic of databases, Chapter Three looking into the international-law aspe of databases. The core of the thesis lies in Chapters Four to Chapter Eight which give an insight into the European law, its secondary sources followed by a discourse on the dire ive on the legal prote ion of databases, regarding the copyright element and sui generis right as well as a criticism of the dire ive resulting in it being reviewed by the Commission. Chapter Nine pays attention to alternative means of database prote ion. The nal chapters evaluate the current state in the eld of database prote ion and suggest possible suitable...
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Artificial intelligence and law
Přibyl, Tomáš ; Petrlík, David (advisor) ; Žikovská, Petra (referee)
1 Abstract Artificial Intelligence and Intellectual Property: This thesis deals with relationship of Artificial Intelligence and Intellectual Property. The main goal of this thesis is to provide its reader with a comprehensive overview of the issues of Intellectual Property in connection with creative and inventive activity of AI. Above all, the thesis examines whether it is possible for AI to acquire intellectual property rights to copyrighted works or inventions. In case of impossibility of obtaining rights by AI itself, it then then searches for the person who shall, according to the current legislation, become the owner of intellectual property rights, both abroad and in the Czech Republic. In order to meet the above set objectives, the work is divided into 4 parts, which are then divided into chapters. The first introductory part focuses on AI itself. It discusses its definition, categorization and considers the possibility of classifying AI as either natural or legal person. At the same time a proposal for the creation of a new special category of electronic person, as presented by the European Parliament's Committee on Legal Affairs, is discussed and, in addition, the author himself discusses the advantages and disadvantages of introducing a new category of person for which the term electronic person...
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Protection of Computer Games and Video Games
Kamenický, Lukáš ; Holcová, Irena (advisor) ; Petrlík, David (referee)
Protection of Computer Games and Video Games Abstract The topic of this thesis is the legal protection of computer games and video games. Its main goal is to analyse the Czech law of video game protection and to figure out if the current state of legislation is sufficient enough considering the quick growth of the gaming industry by comparing it to the legislation in other countries and pondering de lege ferenda possibilities. The secondary goal of this study is to serve as a brief and practical guide for game creators who are having a hard time with regards to legal protection of their own creations. The thesis does not only revolve around the Czech national law, but it also deals with international law and Community law upon which the Czech law is based. The thesis is divided into six parts. The first part lays down the main goals of the study and possible ways of achieving them. The second part goes through the most important theoretical concepts, terminology and video game history, through which it introduces the reader to video games. The third part focuses on international treaties potentially applicable to video game protection, on the US law, and finally on the European Union law and the law in a few specific European countries. The fourth part introduces in detail all the possible legal forms of...
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