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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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Audiovisual production and Copyright
Novák, Marek ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Audiovisual Productions and Copyright - Summary The topic of this thesis are audiovisual productions in relation to copyright law and selected legal relations, which can take place during audiovisual productions. These legal relations are important mainly from the perspective of copyright law, but also overlaps into neighboring branches of law are mentioned, with regard to the civil code recodification. The first chapter is focused on defining key concepts. Firstly, there is defined the concept of audiovisual production as a type of business and the legal conditions for its performing. The concept of audiovisual work in the context of copyright law is defined next. The characteristic attributes of audiovisual work are defined and the specific conception of authorship is considered, followed by traditional division of audiovisual works and its perception through certain public-law norms. With regard to the specifics of audiovisual works, the character of works audiovisually used is also mentioned. In the end of the first chapter the term producer is defined, his relation to the author of audiovisual work and specific rights, to which is entitled by the copyright code. The main chapter deals with selected legal relationships, which take place in the audiovisual sector. It concerns primarily the concept of...
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Olympism with respect to the Intellectual Property law
Fráňová, Jana ; Holcová, Irena (referee) ; Křesťanová, Veronika (referee)
Olympism with respect to the Intellectual Property law Intellectual property is a branch of law affecting, with various intensity, a lot of fields of human life and, together with technical development and globalisation of human life, is becoming more and more topical, which, vice versa, implicates an intensive development of the branch of law itself. Olympism is a traditional concept evoking sports ideas, profound experience of performance based on physical and mental preparedness and capacity, emotions and in a way also a life philosophy and intellectual values, but also, more and more, a significant economic factor. This thesis is based on a strong respect to both of these concepts, namely to the intellectual property and to the branch of law studying this field, analysing and developing it, and to the Olympism and its persisting undisputable sense and effect, and on the conviction about coherence of these notions both in terms of law and in terms of ordinary human life. The aims of this thesis is to set up a basic outline and to determine conceptual features of each of these both institutes especially, and, after that, to present basic forms and methods of their coherence. In this connection it was also necessary to examine the legal protection of both of these institutes, both at the national...
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Legal relations in photography : copyright and privacy protection in relation to the photography
Valoušek, Martin ; Křesťanová, Veronika (referee) ; Holcová, Irena (referee)
The main aim of the submitted rigorous thesis is to present, identify, describe, interpret and evaluate the main legal relations that are relevant to the field of photography and the process of photography. Under the term main legal relations in photography the author understands some sections of copyright and the protection of personality in the field of civil law. The described legal issues, in particular copyright law and privacy protection are discussed in Czech literature extensively, but separately and surprisingly, the coherent description in relation to the photography is missing. The objective of this work was to produce (to the extent the thesis) the Czech variation of the German "Fotorecht", the unified analysis of the issue of Czech "fotoprávo" ("Photolaw") and to assess the identified legal aspects especially in comparison with the German legal regulation.
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Internet law
Meissnerová, Anna ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...
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Information society service in the Internet environment and copyright
Elterlein, Ondřej ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Information society service in the Internet environment and copyright The creation and the development of the Internet is one of the milestones of the technological, social and informational development of the human mankind. The Internet has developed from a merely technological tool into the techno-social phenomenon. For many people, including me, the Internet has become ultimately prevailing means of communication. The number of users of the Internet has risen to the extent that Internet has become the most important mass medium of today's world. It is not only about communication, but rather Internet has also the informational role, it is also the centre of the entertainment, business place and place for social interaction. Nevertheless the Internet has from its beginning profoundly changed. The development is said to be the evolution from the Web 1.0 to the Web 2.0. It means that the end users of the Internet became more involved in the process of creation of the content. This evolution brings many questions, among others the liability for the content made available on the Internet. In the mass and anonymous environment of the Internet it is very difficult to track down the infringer as the most common infringement appearing on the Internet is the one of copyright. The system of copyright...
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Protection of Rights and Interests of Performing Artists
Číhalová, Monika ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this work was to provide complete overview of rights that the law confers on performers and to focus in more detail on the possibility of protection and defence of these rights. This goal is reflected in the whole concept of the work - the first chapters describe the performer's rights and the second part focuses on the protection of these rights whether by the performer him or herself or by the collective administrator. The opening chapter deals with explanation of the basic terms. First, it was necessary to clarify, who is a performer from the lay point of view but also under the Copyright Act definition. Then I define the subject of the performer's rights in general - the performance. Finally, the chapter covers also the joint representative of performers who often represents an artistic body externally. The second chapter is slightly more extensive. It deals with the historical development of copyright. Because the Czech copyright is significantly influenced by international and European law, the following two big sub-chapters focus on these two huge legal systems and mainly on agreements and regulations that have directly affected the performers' rights in our country. Very important for the whole work is the third chapter which contains moral and economic rights of performers. This...
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Software Licensing
Nygrýnová, Dominika ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Summary: Software Licensing The thesis deals with different practical aspects of commercial software licensing from the perspective of the Czech legal system. The focus is put on software license agreement as the most important legal instrument granting rights of use for computer programs. The thesis opens with a summary of Czech legislation in force in this area in the context of European community law and international law. The legislation in effect is largely governed by the Copyright Act. Coming into effect from 1st January 2014, the software licensing agreement legislation moves into the New Civil Code. The thesis deals with the changes arising from this transition. The fifth chapter considers the regulation of pre-contractual liability in the New Civil Code as it is especially important in protecting confidential infor- mation in pre-contract negotiation. In summarising the issue of software licensing, the thesis builds on the elements of legal relationship. It examines the roles of licensee and licensor, the two parties of software license. The text also deals with cases where a licensor of creative work is a different from the creator of the work. The role of licensor can be assumed by a legal successor or by a party authorized to exercise property rights to work made for hire. The next part explores...
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Collective administration of copyright and neighbouring and relating rights
Amler, Pavel ; Wünschová Pujmanová, Alexandra (advisor) ; Holcová, Irena (referee)
- Collective administration of copyright and neighbouring and relating rights Key words: collective administration; copyright This thesis is focused on collective management of copyright and related rights carried out in accordance with copyright law and EU law. The aim of the manuscript is to explain this topic and to provide a review of collective management and its modification in accordance to European law. The thesis is divided into eight chapters each containing a specific aspect of collective management of copyright and related laws. First chapter is dedicated to the basic definition and concept of collective management and the anchoring and adjustment in the Czech legal order. Moreover, there are discussed the purpose and effectiveness of the institute of collective management, the conditions imposed on the collective administrator and how collective administrator authorization is declare and finally, progress and possibilities of supervision over collective management. Second chapter is focused on the activities of collective administrator. The most important work obligations of collective administrator are analyzed e.g. blanket and collective licenses and also the management of revenues from collective management. Third chapter deals with the object of collective management and...
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Copyright in TV practice in the light of new civil legislation
Ryšávková, Veronika ; Wünschová Pujmanová, Alexandra (referee) ; Křesťanová, Veronika (referee)
This rigorous thesis deals with the copyright issues related to practice of TV companies emphasizing the specific area of TV news and journalism. It presents a basic survey of methods applied by TV stations to ensure the requirements of the copyright law for a copyright protection of the works which are supposed to be used. A difference is made between the use on the basis of a contract, above others through a standard license contract or a contract for work, and a non- contractual use on base of a free licence and quotations used most frequently in the sphere of reporting and journalism. Even the regime of collective management of copyrights is described, considering in particular audiovisual works and their individual components. In the context of the private law recodification with its foreseen effectivity from 1 January 2014 this thesis is also pursuing both direct and indirect impacts of the new civil code in the field of copyright. On a theoretical level, it deals with issues which should be resolved in connection with this significant legislative change.
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