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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...
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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...
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Blockchain and Copyright
Kociánová, Vanda ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
1 Blockchain and copyright Abstract The aim and objective of this Thesis is to introduce the phenomenon of blockchain technology and some of its applications in the field of copyright. The thesis focuses primarily on the areas of databases, NFT and Smart Contracts, and their application in the existing, particularly Czech law. In its first chapter the author defines the blockchain technology, describing the basic terminology, such as node, block, hash, transaction, peer-to-peer network, proof of work. The chapter then explains how blockchain works, describing its key characteristics. The author dwells on three types of blockchain and finally discusses the issue of ethics and privacy protection. The next chapter on copyright summarizes basics of this area of law which has been experiencing fast development of new technologies. A sub-chapter on author's property rights, whereby special attention is paid to the issue of digital reproductions, constitutes an important part the the Thesis. Central chapters deal with Smart Contracts, blockchain, collective rights management and NFT (Non-fungible Tokens). Smart Contracts have the potential to simplify the process of contracts conclusion and to make it more user-friendly. The same applies in the field of copyright, for instance in the form of automatic deduction of...
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Fanworks and Copyright
Macáková, Michaela ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Fanworks and Copyright Abstract Fan works are works of authorship created by fans of a preexistent work from which they adopt characters, plots and worlds, and are distributed especially via the Internet. However, by doing so, the fan-author may infringe upon the copyright of the author of the preexistent work. The thesis Fanworks and Copyright introduces fanworks from a copyright perspective and starts a discussion whether current copyright statues are still appropriate in the era of massive growth of the Internet and online creative fan communities. Although it is not possible to state in general that fanworks infringe upon copyright, as there are multiple factors to take into account (what elements the author-fan adopts from the preexistent work, whether the author of the preexistent work has given consent for such use, whether the term of protection of the preexistent work has expired and whether there is a statutory exception), it can be stated that a large number of fanworks use copyrighted elements from preexistent works without the authors' consent, and since there is no exception in the Czech (and European) legislation that can be applied to fanworks, copyright is often being infringed upon. The complexity of the legislation and the legal uncertainty associated with its inconsistent application may...
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Protection of e-shops from the point of view of intellectual property law
Lokvenc, Dominik ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
This work aims to provide a basic and practical overview of the means of protection of e-shops from the point of view of intellectual property law so that every founder or operator of the e- shop, their representative or employee, or any other reader who is interested in this topic, can get acquainted with particular intellectual property institutes and their eventual application to a specific e-shop. The first part of this thesis explains the basic terminology concerning both intellectual property law and e-shops themselves. In addition, the first part also discusses the characteristics of e- shops as a means of e-commerce. The concept of the first part should thus facilitate the understanding of a more detailed analysis of individual intellectual property institutes across the remaining parts of the work. The second part discusses the protection of e-shops from the point of view of copyright. The possibilities of copyright protection of the e-shop as a whole, as well as its individual elements are described. Individual aspects are then assessed not only from the point of view of Czech legislation, but also from the point of view of European Union law, including possible consideration of German case law or US case law. The analysis of each e-shop element is then accompanied by a series of practical...
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The author and the performer of the musical work as parties to copyright relations in the process of creation and exploitation of the copyright work
Kletenský, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of the thesis is to present the legal framework of the copyright and rights related to copyright to authors and performers of musical work. As a relatively complex issue, in my opinion, it is important for authors and performers as artists to have at least a basic idea of what rights and obligations arise in the process of creation and exploitation of musical works and what legal framework of protection the law provides to them. Moreover, this topic is very close to me because I am myself author and performer of musical works. The first chapter deals with the musical work in terms of its individual components, both from legal and music theory point of view. Considering that the criterion of uniqueness of the copyright work does not exclude the use of parts of other works, I also examine the issue of legal uses of foreign works in the process of the creation of copyright works and the issue of plagiarism. At the end of the first chapter I mention the creation of a copyright work by collaboration of multiple authors (which is typical for musical works). In the second chapter, I introduce to the authors the catalogue of their moral and property rights, focusing on those areas that are relevant to musical works, including the duration of their rights and post-mortal protection. The third...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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Documentary Film from the Copyright Point of View
Fořt, Ferdinand ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis Documentary Film from the Copyright Point of View is to explore and evaluate copyright specifics of documentary cinema. Chapter One describes documentary film as a culture phenomenon with peculiar relationship to reality. It shows possible definitions and classifications and outlines some of the ethical questions connected with the documentary cinema. Then follows a brief excursion into the history of copyright protection of audiovisual works (both in the Czech Republic and in the international context), with emphasis on speciality of documentary films protection. Chapter Three examines terms audiovisual work and authorship of an audiovisual work as defined in effective Czech Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and tries to mark boundaries of these terms and its possible interpretation especially in relation to the documentary and other non-fiction films. Next chapter deals with the legal nature of protagonists of documentary or social actors which differs from legal nature of the actors in fiction films, because social actors does not perform artistic performances as defined in Czech Copyright Act. Subsequent Chapter Five analyzes protection of personal rights of social actors in documentary films which is governed by general protection of...
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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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Intellectual property rights protection of computer programs, information systems and related services
Kalíšek, Jindřich ; Kříž, Jan (advisor) ; Frinta, Ondřej (referee) ; Pítra, Vladimír (referee)
Ochrana počítačových programů, informačních systémů Jindřich Kalíšek - Disertační práce a příbuzných služeb právem duševního vlastnictví Strana 1 z 3 Intellectual property rights protection of computer programs, information systems and related services Thesis Abstract 1) Dissertation thesis titled Intellectual property rights protection of computer programs, information systems and related services deals with the main legal approaches and their selected alternatives to the legal protection of computer programs, information systems and related software services. 2) The goal of the thesis is to analyse and provide the reader with consistent up-to-date information in particular on the two main forms of legal protection - copyright protection and industrial property protection of computer programs, to concisely describe their development, current status and key legal norms (international, EU and national) and that establish them. 3) The dissertation consists of an introduction, nine chapters and a conclusion. The thesis is divided into four units - introductory explanation, part of copyright law, part of industrial property (IP) law and final comparative part. 4) In the Introduction, the reader will get acquainted with the key concepts and issues elaborated in the thesis, as well as with the basic theoretical...
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