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A comparison of the authorial work in the legislation of the Czech Republic and the United Kingdom
Mik, Petr ; Křesťanová, Veronika (referee)
A comparison of the authorial work in the legislation of the Czech Republic and the United Kingdom Abstract The thesis compares authorial work in the legislation of the Czech Republic and the United Kingdom. The International copyright framework is briefly introduced. Further, the thesis examines the concept of Authorial work in the legislation of the European Union and established decision praxis of the Court of Justice of the European Union. An objective of the thesis is to find key differences between the requirements for the protection of the authorial works within the compared legislations, to describe those differences and to find out whether a similar protection is offered to the authorial works. The first part of the thesis provides a theoretical introduction to the concept of the authorial work and delineates an international context of the topic. The most important international copyright treaties are scrutinized with the special emphasis on the Bern Convention and the authorial work in the legislation of the EU. The second part compares the domestic approaches to the authorial works in both national Copyright Acts. Also, it identifies the most important requirements for the copyright protection. The final part is focused on thorough comparison of the three most important requirements for the...
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Legal Protection of Artificial Intelligence
Peychlová, Aneta ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Legal aspects of Artificial Intelligence Abstract Similarly to other new technologies, the legal regulation of artificial intelligence is still somewhat behind its rapid expansion and frequent use in the daily activities of the general population. For this reason, this diploma thesis deals with the currently used and future legislation in this area. As the general concept and the issue of liability have already been addressed in previously published academic works, this text focuses mainly on aspects of copyright law. The main goal is to explain the current concept of the role of artificial intelligence in Czech copyright regulation and its pitfalls. In the next phase, the text presents the options of the legal concept of artificial intelligence abroad and their influence on potential further development at both the European and Czech level. The first chapter introduces the basic concepts, especially the concept of artificial intelligence itself. It describes the history of its origin and the fragmentation of views on its definition as well as its consequences for society. Within the understanding of artificial intelligence as a technology, one of the subchapters is also devoted to the comparison of its various divisions and types, in order to create a realistic idea of the current boundaries of its...
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A comparison of the authorial work in the legislation of the Czech Republic and the United Kingdom
Havránek, Jan ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
A comparison of the approach to authorial works in the legal systems of the Czech Republic and the United Kingdom The thesis is dedicated to the comparison of the treatment of works of authorship in the legal systems of Czech Republic and United Kingdom. The goal of the text is to firstly explain the basis and evolution of both systems, and subsequently to describe and compare their basic conceptual attributes and institutes. The first step is the embedding of both systems into a philosophical and historical framework. Then follows a cross section of the most import international sources of law which affect both systems. While discussing the supranational influences on the subject the most space is dedicated to the law-making and case law of the European union. The described judgements are mostly concerned with the definition of a work and its originality as viewed under union law. This section of the thesis aims to explain the framework both systems are set in and the influence of supranational organizations and treaties. The following part is dedicated to the respective treatment of authorial works in both countries and it compares the individual elements of both systems. The matter of the British "closed list" approach is discussed in contrast to the non-exhaustive list used by the Czech...
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A comparison of the authorial work in the legislation of the Czech Republic and the United Kingdom
Mik, Petr ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
A comparison of the authorial work in the legislation of the Czech Republic and the United Kingdom Abstract The thesis compares authorial work in the legislation of the Czech Republic and the United Kingdom. The International copyright framework is briefly introduced. Further, the thesis examines the concept of Authorial work in the legislation of the European Union and established decision praxis of the Court of Justice of the European Union. An objective of the thesis is to find key differences between the requirements for the protection of the authorial works within the compared legislations, to describe those differences and to find out whether a similar protection is offered to the authorial works. The first part of the thesis provides a theoretical introduction to the concept of the authorial work and delineates an international context of the topic. The most important international copyright treaties are scrutinized with the special emphasis on the Bern Convention and the authorial work in the legislation of the EU. The second part compares the domestic approaches to the authorial works in both national Copyright Acts. Also, it identifies the most important requirements for the copyright protection. The final part is focused on thorough comparison of the three most important requirements for the...
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The relationship between trademark protection and copyright protection
Pop, Jan ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
The relationship between trademark protection and copyright protection Abstract The theme of this thesis is the relationship between trademark and copyright protection. The aim of the thesis was to describe the area of trademarks and copyrights, to describe their mutual relationship and to focus on aspects where both of these protections differ significantly. The thesis focuses in more detail on trademarks, which is always addressed at the beginning of each chapter and then compares them with copyright. The first four chapters deal with the key areas of both protections, especially the introduction of the main institutes and their purpose, the systematization of trademarks and copyrights, the origin, duration and termination of both protections, subjective rights and as last but not least exclusions from trademark and copyright protection. The fifth chapter deals with the relationship of both protections and describes the mutual differences that occur especially in the origin, duration, form, and scope of legal protection. It also discusses the possibility of the concurrence of both protections, its causes, types, and consequences. The outcome of this thesis is an overview of trademark and copyright protection and analysis of their mutual relationship with emphasis on the approximation of common features...
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Copyrighted work and advertising
Vojtovič, Jakub ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Aim of this thesis is to link the theoretical aspects of copyright with its practical use. Specifically it is an analysis of relationship between copyright and advertising. In the thesis I am trying to find an answer for two main questions. First, if it is possible to grant a copyright protection to an advertisement and if so, then it is my goal to discover its usefulness. Second, the other answer should be based on analysis of preexisting copyrighted works used in advertisement. The thesis is divided into 8 chapters which consist of other sub- chapters. The first chapter is dedicated to copyright, its legal framework and analysis of historical and social background of its development. The second chapter is focused on advertising. Since the definition of advertising offered by the Czech laws is insufficient for the purpose of this thesis I decided to offer a marketing point-of-view to clarify the subject. The third chapter offers an analysis of current legislation of copyrighted work in the Czech Republic. The fourth chapter represents the first encounter of the two ostensibly unrelated topics: advertising and copyright. This chapter also presents a copyrighted work as a new notion while focusing on its creation and purpose. Here, we can also find a small turnoff to a copyright legislation of...
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Copyrighted work and advertising
Piskačová, Bára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Copyrighted work and advertising This diploma thesis explores the field of intellectual property law and deals with the current legal regulation of copyrighted work and advertising. The thesis aspires to introduce the basic attributes of the individual legislative regulations of the concepts of copyrighted work and advertising and to show the basis on which works are protected by the Copyright Act, what rights the authors have concerning their works and how can this issue be reflected in the process of creating advertising. At its core the thesis discusses the relationship between the copyrighted work and advertising and points out the factual intersection and proximity of these two areas. This thesis also looks into the decisions of Czech courts in the area of copyright infringement when using a specific foreign copyrighted work in advertising. The thesis consists of an introduction, which presents the topic to the reader, and continues to introduce the two main areas, the copyrighted work and advertising, which are further divided into 8 chapters. The first chapter describes the systematic incorporation of the copyright law in the field of intellectual property law, the constitutional basis which the copyright law relies upon and intangible assets, as the subject of protection of this legal...
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Moral rights in copyright
Wegschmiedová, Markéta ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Moral rights in copyright Abstract This thesis, after a brief introduction to the issue of copyright, defines the basic concepts relating to author's moral rights and its nature. It provides an insight into the issue from various different points of view, focusing on the natural nature of moral rights and the natural nature of an author's work, that is reflected in the copyright legislation. The thesis also offers a comparison of two major legal systems of copyright - the authors' right system and the copyright system, which demonstrate the key institutes and characterize both legal cultures through their typical features and differences. The thesis draws attention to the fact that the regulation of copyright and moral rights in particular is far from uniform in the national context and that there are significant differences not only between the different legal systems but also within those legal systems. The thesis also presents copyright and moral rights in valid Czech legislation in terms of the systemic and conceptual definition of the Czech copyright law and then discusses in detail the individual moral rights of authors. An important part of this thesis is the issue of originality as one of the conceptual features of the work. The thesis explains the role of the Court of Justice of the European Union...
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Unlawful use of a copyrighted work
Vik, Michal ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This diploma thesis deals with the topic of unauthorized use of copyrighted work. The aim of the thesis is to offer the reader an insight into the issue of the use of copyrighted work in general and the current possibilities of copyright protection in the Czech Republic. For this purpose, it defines basic copyright terms, by which it acquaints the readers with the content of the rights of authors and other entitled persons, as well as the claims that such persons may claim in the event of unauthorized interference with their rights. By listing the cases and the ways of fair use of the copyrighted works, the reader will, a contrario, be introduced to the issue of unauthorized use and unauthorized interventions, and consequently the claims with which one can defend against such unauthorized interventions. At the same time, the reader will be informed of the responsibilities and penalties that threaten the violators of the protected rights, whether civil, administrative or criminal. The thesis also attempts to compare the new amendment of the Copyright Act, especially in the field of collective management of copyright and related rights, based on the implementation of Directive 2014/26/EU, which substantially changed the form of Title IV of the Copyright Act. It also reports on the recent changes in...
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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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