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Collective management in copyright law (including considerations de lege ferenda)
Nedvěd, Martin ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- Collective administration in Copyright Law (including considerations de lege ferenda). Keywords: collective administration; copyright law. The purpose of my thesis is to analyse the collective administration of copyright and neighbouring rights ("collective administration") in the Czech republic under the Act No. 121/2000 Coll., on Copyright ("Copyright Act"). The thesis is composed of seven chapters. Chapter One is introductory and includes basic definition of collective administration, its goals, models of administration and the current applicable law in the Czech republic. Chapter Two examines the main activities of copyright collecting societies in two parts. The first part focuses on the blanket licensing while the second describes the internal rules according to which the fees collected by copyright collective societies are distributed among the interested parties. Chapter Three is subdivided into three parts and provides an outline of rights that can be collectively administered. The first part describes the mandatory collective administration of rights. The second part focuses on the so-called extended collective licensing. The third part describes the voluntary collective administration. Chapter Four concentrates on the copyright collecting societies in four parts. The first part focuses...
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Resale right
Faladová, Adéla ; Holcová, Irena (referee) ; Křesťanová, Veronika (referee)
The thesis provides a comprehensive overview and analysis of the origin and development of the so-called resale right ("droit de suite"). The thesis begins by explaining the history of the first recognition of the right at the national level in France at the beginning of the 20th century and the recognition of the right at the international level. The thesis continues with a thorough analysis of the legislative history and content of the European Resale Right Directive of 2001, including a brief report on the implementation of the Directive. The thesis analyzes in detail the national legislation on the resale right in France, Germany, the UK, Ireland, California and Australia. There are several annexes attached; including comparative tables outlining some aspects of resale right legislation in the different countries. A substantial part of the thesis focuses on the history and development of resale right legislation in the Czech Republic - from the right's first introduction in Czechoslovakia in 1926 to the implementation of the Directive in the Czech Republic in 2000 and 2006. The thesis closes by offering suggestions de lege ferenda for Czech legislators; the suggestions are based on experiences with the practical application of the right in the Czech Republic and foreign legislation analyzed in...
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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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Traditional and new legal concepts in the environment of internet network
Miroš, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The internet has become the biggest phenomenon of last two decades. In a significant manner it affects our society and changes its behaviour in private, commercial and public life. Through an easy connection with almost any part of the world our current society has become global indeed. Facilitation and significant acceleration of communication and transfer of relatively large amount of data bears many difficulties and risks. Therefore this thesis is focused on some aspects and corresponding legal concepts, including those, which are of entirely new nature because of the internet evolvement. The work is divided into four main parts according to areas they are related to. First one introduces general matters of the internet, its formation and fundamental issues of its structure, operation and legal consequences. Next part describes the internet from the scope of copyright and impacts on this legal concept. Legal implications of P2P networks, position of ISPs and statutory development in some countries whereof consequence is the limitation of fundamental human rights and freedoms in favour of higher efficiency in application of copyright protection is also subject of this chapter. Third part concerns entirely new instrument and concept - domain names. Though its legal nature is not defined and...
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A comparison of copyright protection of author and performing artist
Pivoda, Radomír ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
Radomír Pivoda Srovnání autorskoprávní ochrany autora a výkonného umělce A comparison of copyright protection of authors and performing artists The main goal of this thesis is to compare the key aspects of the copyright protection of authors and performing artists in the Czech Republic. The basic differences are explained with respect to its historical evolution, which is put into context with the current social situation in the field of art. The paper is divided into six chapters. The first chapter gives an explanation of the basic terminology used in the area of copyright law and sets the frame for the comparison of authors and authorship and performing artists and their artistic performances. In the Czech Republic, authorship is based on the expression of a piece of art in any way perceivable by human senses. There is no registration principle in effect. This fact provides the starting point for the protection of authors' rights. Therefore it is important to precisely define what can be considered a piece of art and who can be recognised as an author or a performing artist. The second chapter deals with the legal treatment of authors according to the Czech Copyright Act and other legal regulations, including the recent case law and description of the most often infringements of the copyright...
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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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Exercise of copyright by a person other than the author (of author's heirs)
Krejčí, Ondřej ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Exercise of copyright by a person other than the author (of author's heirs) This thesis deals with the issue of the exercise of copyright by a person other than the author which is a part of the intellectual property rights. The aim of this thesis is not only to analyze applicable and effective legislation of the Czech Republic but also to compare the recent legislation with the previous one. The thesis is divided into eight chapters. The initial chapter explains the status of the copyright in the legal system, its importance and dynamics. Two following chapters provide with the necessary introduction into the terminology of the copyright and explain the specific division of the copyright into personal and property rights. Chapter Four contains the systematic division of the exercise of copyright by a person other than the author according to the particular categories. Chapter Five discusses the lawful exercise of copyright by a person other than the author according to the previous legislation. Chapter Six deals, on the other hand, with the lawful exercise of copyright by a person other than the author according to the recent legislation, in particular with the employee work. Chapter Seven is dedicated to non-contractual types of use of the copyright work, describes all statutory licenses which...
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Digital library Kramerius and its use by students of historical sciences
Fišer, Marek ; Bratková, Eva (advisor) ; Večeřová, Petra (referee)
The thesis focuses on the digital library Kramerius, that provides electronic access to mainly Bohemian documents from 19th and 20th century. Its aim is not to describe all parts of this system and its hinterland - the thesis focuses rather on the user point of view. The core of the thesis is formed by user survey, which is conducted among the students of historical disciplines at the Faculty of Arts, Charles University in Prague, namely the students enrolled in the study programme Historical sciences. In the first part, there is a characteristic of digital library Kramerius with the focus on the aspects, that are closely related with its usability (user interface, accessibility of documents, conversion of the original documents to machine- readable form). The user survey, which is described in the second part, is devided into two parts.
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Public licenses and public domain as alternatives to copyright
Köppel, Petr ; Šisler, Vít (advisor) ; Fáberová Slušná, Kateřina (referee)
The work first introduces the area of public licenses as a space between the copyright law and public domain. After that, consecutively for proprietary software, free and open source software, open hardware and open content, it maps particular types of public licenses and the accompanying social and cultural movements, puts them in mutual as well as historical context, examines their characteristics and compares them to each other, shows how the public licenses are defined by various accompanying movements, and also analyses which obstacles to the usage of public licenses are put by the Czech law. Keywords Copyright, licenses, open source, creative commons, public domain, software, design.
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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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