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Legal status of performing artist
Reichert, Michal ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Synopsis This thesis is focused on the rights, which accompany the performer. Does not aim to focus on the details of individual institutions, but rather to organize informations about the rights attaching to the performer and artistic performance. In four chapters the author tries to depict these rights since their inception, since the creation of an artistic performance to the moment when the performance become a part of public domain, as well as the right to the these free artistic performances. The first chapter is an introduction to the subject, defines the legal concepts - an author, performer, author's work, artistic performance etc. and also covers the concept non- legal - art, in spite of its abstractness, to author of this thesis seems to be crucial in the legal definition of a performer. The second chapter deals with the own performer's rights, property and personality rights and their duration. In the third chapter the autor drala with legal representation of performers by common agent, who represents performers when dealing with the rights to jointly created performance. Furthermore, in the sekond part of this chapter focuses on a different type of legal representation: mandatáry manager collective rights and collective management in general. The last, fourth chapter describes the use of...
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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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Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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Legal Protecion of Artistic Performance
Leška, Rudolf ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee) ; Srstka, Jiří (referee)
The thesis outlines the law of performers' rights, including its historical and theoretical background, relation to other areas of law, explanation of moral and economic rights of performers, problems of contractual law and issues related to the enforcement of rights. The core of the thesis lies in analyses of the terminology of artistic performances (including the performances of variety and circus artists) and the notion of a performer, the borders between protected and unprotected performances and the relation to a work of art, as well as in practical issues related to the collectively delivered performances by the members of an ensemble and their representation by a so-called joint representative. The thesis focuses on those aspects which are specific to performers or which cause particular difficulties in practical application; in these cases, the author offers his own solutions.
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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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Legal status of performing artist
Reichert, Michal ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Synopsis This thesis is focused on the rights, which accompany the performer. Does not aim to focus on the details of individual institutions, but rather to organize informations about the rights attaching to the performer and artistic performance. In four chapters the author tries to depict these rights since their inception, since the creation of an artistic performance to the moment when the performance become a part of public domain, as well as the right to the these free artistic performances. The first chapter is an introduction to the subject, defines the legal concepts - an author, performer, author's work, artistic performance etc. and also covers the concept non- legal - art, in spite of its abstractness, to author of this thesis seems to be crucial in the legal definition of a performer. The second chapter deals with the own performer's rights, property and personality rights and their duration. In the third chapter the autor drala with legal representation of performers by common agent, who represents performers when dealing with the rights to jointly created performance. Furthermore, in the sekond part of this chapter focuses on a different type of legal representation: mandatáry manager collective rights and collective management in general. The last, fourth chapter describes the use of...
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