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Copyright protection
Plchotová, Gabriela ; Žák, Květoslav (advisor) ; Spirit, Michal (referee)
The aim of this thesis is to offer a straightforward manual to anyone who authors their own original work or who utilises the original work of other creators. As such, it is necessary to briefly and clearly explain the historical development and essential terms of authorship as a concept and the origin of the need for copyright protection. Furthermore, this thesis includes chapters on copyright protection development specifically in the Czech Republic and the current definition of related laws in particular. Consequently, some of the most important provisions of the copyright protection laws are discussed. This practical manual, which is based on the theoretical findings from the first section of the thesis, introduces the problematic issue of how to best proceed when attempting to protect an author's original work under current copyright laws. Additionally, this manual also deals with how to avoid infringing on copyright laws when utilising other authors' original work. The following chapter focuses on the collective management of copyrights, its development as an instrument of copyright protection and its effectiveness in the Czech Republic. This chapter includes a list of all significant organizations that deal with copyright laws and their closer description.
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Unlawful use of a copyrighted work, author's fee
Doležel, Emil ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
For the entire existence of authorship, as the relationship between creator and his work, author crafts were sometimes also used wrongly, that is, without the knowledge and permissions of the author. However only by establishing of the Copyright law began the fight against this phenomenon, which is undesirable for both individuals (the authors) as well as for society as a whole. The society is lacking part of its progress as a result of this phenomenon, which is nothing more than theft - in terms of intellectual property - using author's craft without providing adequate reward, and thus are authors discouraged in their next work. Copyright law has almost perfectly described this problem and also laid down rules, which can help each author, but also the State as a defender of social interests, effectively intervene against unauthorized use of copyright crafts. This project provides a general overview of the issue of unauthorized use of author crafts and royalties, in particular by the legislation of the Czech Republic, effective on 31st August 2008.
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Likelihood of confusion between trademarks
Kučera, Jakub ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Title: Likelihood of confusion between trademarks Author: Jakub Kučera Department: Institute of Copyright, Industrial Property and Competition Law Supervisor: doc. JUDr. Vladimír Pítra Abstract: This master thesis deals with the likelihood of confusion between trademarks. The aim of this thesis is to analyse various factors, which decisive authority takes into account when assessing the likelihood of confusion between trademarks and due to the extensiveness of this issue the thesis focuses only on selected key aspects. The aim of this thesis is also to analyse the case law of the ECJ and the court regarding the likelihood of confusion on basis of which the Czech courts often decide. This thesis is divided into eight chapters, which contains several subchapters. The first chapter deals with current importance of trademarks and also with the term trademark as defined in Trademark Act and in the relevant EU legislation with regard to changes in definition of trademark due to the adoption of Directive of European parliament and Council (EU) 2015/2436 and Regulation of European parliament and Council (EU) 2015/2424. The second chapter deals with the legislation dealing with of likelihood of confusion as to the Czech level and EU level. This chapter also pays attention to various authorities that assess the...
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How to divide the responsibility for a repository between employer and employee
Koščík, Michal
Each research institution that operates a repository has to make a decision whether to allow all its employees to upload their own work or whether to create a special organizational unit that will review and approve each file shared via repository. This dilemma is accompanied with another important decision that an institution needs to make. Should the institution let its employees to distribute their works to whichever recipient they deem appropriate, or should it apply a managing approach to publication activities? The post will outline legal challenges of both approaches. The ultimate objective is to give practical recommendations on how to divide liability for data in repository between the employee and employer.
Fulltext: idr-938_3 -  PDF
Slides: idr-938_1 - PDF; idr-938_2 - PDF
Video: idr-938_4 -  MP4
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Notice and Take Down, on Certain Aspects of Liability of Online Intermediaries
Elbert, Tomáš ; Hendrychová, Michaela (advisor) ; Tichý, Luboš (referee)
5 Abstract The final thesis addresses certain aspects of current topic of online intermediaries' liability for user-generated content ("UGC"). Under Act No. 480/2004 Coll., on certain information society services ("2004 Act on ISS"), which transposes e- Commerce Directive 2000/31/EC, online intermediaries in the Czech Republic benefit from "safe harbours". Essentially, it means that online intermediaries can be held liable for UGC only if they had actual or constructive knowledge of illegality of the content. This rule implicitly creates the so called "Notice and Take Down" procedure ("NTD"). Online intermediary upon receiving a notice, and thereby learning about the illegality of the content, is obliged to expeditiously take down the illegal content in order to preserve his immunity. However, NTD is neither expressly regulated within the ECD nor within the 2004 Act on ISS. Therefore, the purpose of the thesis is to illuminate NTD procedure and provide guidelines for it successful application within the Czech Republic. The thesis should be helpful not only to online intermediaries, but also to aggrieved parties serving notices. For this purpose the thesis looks not only at the ECD and its transpositions in various Member States, but also at American Digital Millennium Copyright Act 1998 that has been the...
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Filmmaker's incomes and the forms of film financing under the Income Tax Act
Valeková, Anna ; Marková, Hana (advisor) ; Boháč, Radim (referee)
The reason why I chose this subject matter is my interest in a possible interconnection between two fields of law, apparently far from each other-financial and copyright law. As a link between the copyright and financial law I chose the filmmakers' incomes di-rect taxation of 1) their own final incomes prepared to be freely spent and 2) their in-comes gained to be used for the financing of the creation and exploatation of the film. The above mentioned groups of incomes affect each other, since if the filmmakers want to earn their own, final incomes, first they have to gain finances (taxable incomes) ne-deed to finance the film. I focused on the filmmakers' incomes resulting from the exer-cise of their copyrights. I also analyzed taxation of filmmakers' incomes other than tho-se arising from the exercise of the copyright but yet somehow connected to the film. At the beginning of the thesis (namely in the second chapter) I selected a few types of persons that are involved in the film creation and exploatation and I named them "filmmakers. Eventually I analyzed their incomes from the Income Tax Act point of view. The third chapter deals with an application of the Income Tax Act in the case when the filmmakers gain finance to fund the film. When appropriate I dealt with the application of the Income Tax Act...
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Copyright on the Internet
Kotrč, Vojtěch ; Sova, Martin (advisor) ; Tománek, Martin (referee)
The aim of the thesis is to analyze the current state of copyright protection on the Internet, evaluate the position of operators of servers used for sharing data and identification of bottlenecks. On the basis of this analysis most problematic factors of copyright protection on the Internet should be revealed the alternative methods of distributing copyrighted works should be proposed as well. Along with the emergence of the Internet was enabled an easy and inexpensive distribution of copyrighted works. Considering the current state of protection occurs due to the Internet to frequent copyright violations. Analysis of the responsibilities of servers dedicated to sharing data allow to discover the fundamental problems in the existing legislation. The target of the theoretical part will be the historical development of copyright law and current legislation of copyright protection in the Czech Republic and the EU, focusing on the responsibility of servers used for sharing data. Furthermore, there will be generally solved the problematic aspects of copyright protection, which appeared along with the emergence of the Internet. In the practical part will be solid the technological problems of distribution of copyright works on the Internet and filtering of the content from the side of the server operators. Analysis of bottlenecks existing control system of the inserted content will be made by examining selected providers, mainly platforms YouTube and Uloz.to. The method of examining will be the analysis of arrangements for the provision of services and access to copyright protection.
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The Internet and copyright-modes of the use and the scope of protection of a work
Rosol, Jiří ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
- English In the 21st century the Internet constitutes very specific and important domain where the copyrighted works and their users encounter. It is the unique character of the Internet that in connection with the traditional concept of copyright as a law protecting a tangible medium creates this interesting problem of the use of copyrighted works in Internet environment. Resolving this problem and depicting what is actually happening on the web everyday is important also for the public in their daily use of the Internet. The majority of users does not even know what exactly they do on the Internet - which acts they perpetrate are legal and which are not. The aim of this thesis is mainly to describe particular modes of use of copyrighted works, and the scope of protection of a work. In the field of Internet these are according to §12 in association with §13 and §18 of the Czech Copyright Act reproduction and communication to public, for these are the only modes that doesn't require a tangible medium. The thesis solves in which case the Fair use concept of §30 is applied and when a consent of author or collective administrator is required. The thesis also deals with the distinction between public and private law definition of broadcasting. The paper also handles the use of copyrighted work in...
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Legal issues of the internet in international and national law
Miroš, Petr ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Legal issues of the Internet from the scope of international and national law Global internet network has changed the social, political and business life of most people in the World. Communication is much faster, the flow of information all around the World takes a few seconds. Exchange of political opinions, personal and business information, works protected by copyright and other information has become unstoppable. Members of the international community are trying to tackle this new challenge to their legal and political systems. This diploma thesis is describing some arreas of private law where Internet plays the most important role and has changed the scope and interpretation of many legal rules. The work is dividend into two main parts. The first one deals with general aspects of the Internet such as its history, architecture, different regulatory layers, the copyright law on-line, general legal issues arising from the Yahoo! case and its impact on political systems. The second part describes more specific areas mainly focused on the protection of personality and personal data in the on-line environment. To be more specific, there are chapters dealing with communication software, social networks, direct business and usage of the Internet for business reasons. Specific chapter is dedicated to...
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Current legal issues of copyright infringement of musical works
Kubešová, Eliška ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This diploma thesis identifies the most important changes in legislation and submitted proposals in the area of copyright between years 2012 and 2013 and in the beginning of 2014 in the Czech Republic, the EU and the USA. These changes are evaluated from a legislative point of view and also from the point of view of a music consumer. For thorough understanding, the thesis contains also an overview of the current Czech legislation of copyright. Furthermore, it evaluates the current situation in a broader context of law, history, technology, culture and consumer behaviour and defines it as opposed to previous periods. It describes the history of music piracy and its current situation and features some of the most important cases of copyright enforcement of the period 2012 to 2014. The thesis contains also a research performed in the Czech Republic and Sweden, which describes past and present habits of music listeners. Following the identification of previous development and current trends, the thesis discovers future development and suggests future solutions to the problem of copyright in music.
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