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Agreements and contracts within copyright law
Valeková, Darina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Author's Contract Law The aim of the thesis is to analyze legal regulation of license agreements within the legal branch of "droit d"auteur", or "author"s right". The main object of interest is typified license agreement, which serves as a standard contractual type to exercise authors" economic rights to their works. Recently issued Czech Civil Code shall become applicable on January 1, 2014. Unlike the currently applicable Civil Code, which leaves the regulation of license agreements to special acts, the new code includes provisions which regulate license agreements for the whole area of intellectual property, i.e. author"s right, as well as industrial property. This regulation is in line with a tendency to unite provisions that deal with license agreements, since a unification process concerning contract licenses within author"s right, has already happened with the enactment of the current authors" code in the year 2000. A comparative review of the current "droit d'auteur' and future civil regulations of author"s type license agreement takes a significant part of the thesis. Chapter 1 lists general principles and respective sources of law for further analysis. Chapter 2 deals with traditional civil and common law approaches to author"s right and copyright respectively and approaches existing...
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The Pirate movement phenomenon in the world and the Czech Republic
Dohnal, Jakub ; Šisler, Vít (advisor) ; Šlerka, Josef (referee)
This bachelor thesis deals with history, foundation, principles and specific activities of Pirate parties in the world and the Czech Republic. In the beginning, author introduces history and context of the pirate movement, specifically by describing groups around hacking, free software or open access. Ideas of the Free Software Foundation founder, Richard Stallman and of the well-known American lawyer Lawrence Lessig are thoroughly described, since they work as a substance for the fundamental pirate principles, like freedom of information, privacy protection or copyright law revision. After defining selected information policies, author describes foundation and activities of the European Pirate parties. It lays emphasis on the first Pirates in Sweden, the successful German Pirate party, the problems of internet policy in France and on the European union topics, specifically the international ACTA treaty. In the final part, author introduces the history and information policy of the Czech Pirate party, which is compared with the information policy of the Czech Republic in the light of fundamental principles of the pirate movement.
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Copyright protection of databases
Hájková, Martina ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
The topic of this diploma thesis is copyright protection of databases. The aim of the thesis is to describe and introduce databases and their legal protection due to their role as essential tools for the location of required information. The thesis contains analysis of legislation in European Union and the Czech Republic and includes brief analysis of legislation in Finland. The thesis consists of five chapters. The first chapter deals with the term database, classification of databases and illustrates basic foundations for database protection. The second chapter is divided into two subchapters and characterises the legal protection of databases in European Union. The first subchapter is concerned with the legislation process and adoption of the directive on the legal protection of databases starting with the Green Paper in 1988 and ending with adoption of the directive in 1996. The second subchapter analyses this directive in more detail, describes the main terms and institutes and explores the two-tier system of legal protection of databases introduced by this directive. The third chapter presents legislation in Finland with regard to the exchange studies of the author of the thesis and outlines the catalogue rule as a traditional element of Scandinavian law. The fourth chapter is divided into...
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Software piracy
Cholasta, Roman ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
The main target of this thesis is to outline the issues connected with software piracy to the reader. To clarify this issue some legal background connected with software needs to be explained. First it is necessary to define what software is and clarify its connection with a computer program. Next step is to define a computer program, which parts of it are protected and which parts are not. In order to define what is software piracy the thesis defines a rightful use of a computer program. After that it is possible to define software piracy and take a closer look at it. Also in the conclusion there are some current issues in this area that have a significant impact on the perception of software piracy by the public. This thesis is divided into ten chapters. The introduction outlines the issues of software law and software piracy and attempts to clarify the origin of this issue considering a new borderless area - the internet. The second chapter deals with the terms software and computer program, their relation and the differences and also with other terms which are used in this thesis including the legal source of a computer program with an overview of the current case law of the European Union Court of Justice. The third chapter is focused on a computer program as an object of law together with...
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Copyright protection of software, software as a servis
Kalabza, Viktor ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
This diploma thesis describes Czech legislation on copyright protection of computer programs in European and international law context. The commentary is mostly focused on current, practical issues, which often aren't clearly and satisfactorily solved, or issues which are subjects of current or recent litigations before European courts. First chapter introduces special characteristics of computer programs in copyright law, shortly mentions other possibilities of their legal protection and outlines some problems connected with massive technology development and international dimension of these questions, which are enlarged in following chapters. It also defines basic terminology used in the thesis. Chapter two, called "Sources of international and European law" mainly focuses on international treaties and EU directives, on which current Czech copyright protection of computer programs is based. Following chapter describes Czech copyright protection of computer programs, respecting, in general, structure of Czech Copyright Act and simultaneously gives deeper look into selected up to date problems. It compares computer programs with traditional copyrighted works, explains i.a. concept of "employee's work" and closely focuses on author's moral and, mainly, economic rights. Special attention is dedicated...
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The Internet and copyright-modes of the use and the scope of protection of a work (traditional usage, peer to peer network, email...)
Nebesář, Marek ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
80 Abstract The aim of this thesis is to describe various ways of use of works on the Internet and method of their copyright protection in this specific environment. Because without any doubt the Internet interferes with everyday life of today's society and subsequently has a significant effect on further development of a legal system, this topic becomes very relevant. The thesis itself is divided into four chapters. The first chapter is devoted to general description of the Internet and copyright law, and contains explanation of development of this private law area in the territory of the independent Czech Republic, including list of national and international legal sources. The second chapter defines the copyrighted work and its different types according to the Czech Copyright Act, an individual author, use of the work, whether in the form of a contractual or non-contractual disclosure and also important topic of making the work available through the Internet. The third chapter analyzes the copyright protection in the private and public spheres, and technical means of such protection (DRM). The last, and with respect to the discussed topic the most important, fourth chapter deals with various ways of use of works on the Internet, including their detailed description. Downloading and uploading, legislation...
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Copyright in architecture
Žižková, Šárka ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
94 Abstract The purpouse of my thesis is to provide a comprehensive overview of the issues of copyright in architecture. I tis very complex topic and orientation in it brings many difficulties not only to public. As revealed in my work, there is very few litigation on this issue, but that doesn't mean that they doesn't exist at all. However, architects or architectural ateliers mostly aren't interested in venturing into protracted disputies and the vast majority of these disputies ends with out court settlements. This behavior is understandable, since building design represents architect's livehood, they rather abates in their opinions rather than undergoing the time and economically disadvantageous battle with the investor. My diploma thesis consists of six chapters, each of them examines architectural work from a different perspective. The purpouse of the first chapter is to clarify the concept of architecture and traditional architecture, which the Copyright Act concieves just very briefly. The second chapter analyzes the characteristics of an architectural work, including the urbanistical work. Another part focuses on legal conceptual characteristicss that work must fulfill to be under the protection of copyright law. Beside that, I describe concept of authorship, co-autorship and employee work issues....
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E-book piracy on the internet
Bradaričová, Johana ; Nováček, Libor (advisor) ; Šubrta, Václav (referee)
This bachelor thesis deals with problems of e-book piracy. It describes e-book development and tries to answer the question why e-books began to be favourite item to pirate. Then it deals with laws, with which government tries to stop piracy and with action of copyright owners, with which they tries to prevent and stop piracy.
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Mačenbacher, David ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Resumé The Internet and copyright - the scope of liability of individual parties and modes of protection against piracy. The main purpose of my graduation thesis is to analyze and evaluate the current situation in copyright law, with an emphasis on the general liability of the Internet Service Providers and other respective subjects in the information society. An inseparable part of this thesis is an overview of international treaties, European law and national law. The final part highlights new trends in copyright piracy with the provisions for combating these. From my perspective there are two reasons why this topic attracted my attention. Firstly, I could hardly hide my personal interest as a person who is a computer specialist by profession. Secondly, copyright law is a subject of perpetual and significant change, inspiring new ideas and new approaches. The work is divided into five chapters, which are divided into various subchapters. An introduction to the topic is broadly provided in the first and second chapter which describes this new medium of the Internet from several angles. These points of view often go far beyond copyright law, describing the axioms of constitutional law and the principles of humanism and human rights. These principles are threatened considerably in the globalised society with...
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Copyright protection in music industry
Cittová, Gabriela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin, content and restrictions. Copyright is based on the quasidual concept, which simply means that we distinguish the moral rights from the property rights. In this work, I explain the content of all of these individual rights. I also address the licensing contract, by which the author authorizes another person to administer the rights to use his piece. I am focusing on cases of the so-called non-contractual use of production, which means that the user may use the work without the consent of the author and free of charge. Furthermore, I define the idea and the content of performer's rights to his artistic output, the manufacturer of the sound and image recording rights to his sound recordings and radio and television broadcaster's rights to his broadcast. At the end of this work, I am focusing on the activities of...
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