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Theater Law
Šípal, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
v anglickém jazyce This thesis, while using the knowledge of legal theory, aims to offer a practical legal manual about theatre in Czech Republic well-arranged and understandable even for laymen in the field of both law and theatre. The first part provides a basic description of the intellectual property law, especially the copyright, which is the predominant legal branch in theatre practice. Historical sources of copyright in what is now Czech Republic are mentioned, considering the Theatre Acts which are no longer in effect, as well as international and constitutional bases for the current copyright legislation. Subsequently, the current copyright legislation is introduced with emphasis on explanation of some pivotal provisions of the Copyright Act. The second part defines some basic theatre concepts (such as "theatre play", "theatre production", "theatre performance" etc.) necessary for understanding the rest of the thesis. The third part analyses most frequent types of contracts in the theatre practice. That means the contract of employment and the difference between the employee and the self-employed, the license agreement and, last but not least, the contractor agreement. The fourth part presents the copyright works most commonly present in theatre environment, focusing on their specific...
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Rights of performíng artists and their protection in the sphere of internet and social networking sites
Chlubna, Filip ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Performers' rights and their protection in the sphere of the internet and social networking services Abstract This thesis explores aspects of performers' legal status in the digital era. Massive expansion of the internet and social networking services in recent decades poses many challenges for the copyright law and neighbouring rights. The thesis investigates the most frequent means in which protected performances can be used and performers can exercise their rights in the cyberspace. Also there is an analysis of current European and Czech legislation that apply to this matter. Special attention is focused on the ways these legal texts reflect on peculiarities of the digital world. The thesis also researches aspects of performers' personality protection, such as their reputation and honour in the sphere of the internet and social networking sites. The thesis is divided into five chapters. The first chapter describes brief history and technical aspects of the internet. Essencial concepts of information technology law are also included. Legal regulation of neighbouring rights applicable to performers is explored in the second chapter. A part of this chaper also recounts historical development of performers' legal status in Czech and Czechoslovak legal systems. The third chapter describes and examines both...
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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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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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Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
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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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Regulation of Labour Relationships of Symphonic Orchestra Players in the Czech Republic
Ciprys, Pavel ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The present diploma thesis deals with the specifics of employment relationships of symphonic orchestra players in the Czech Republic. Individual chapters outline many aspects of this activity from historical view of orchestral tradition on the territory of the present Czech Republic, up to individual internal mechanisms of the functioning of symphonic orchestras, like the establishing of employment relationship on the competitive basis, the position of functional players within the system of orchestra work, the schedule of working hours and job description of an orchestra player, care for employees, health hazards of that profession etc. The basic activity of symphonic orchestras is their concert activity, where concerts take place on a domestic stage of each orchestra, but very often also as concert tours for economic, educative and comparative purposes. The author of this thesis elucidates the role of a conductor as the main manager, who is responsible for the artistic result of the whole orchestra. This part of the thesis is complemented by an exclusive interview with maestro Jiří Bělohlávek, the Music Director and Chief Conductor of the Czech Philharmonic Orchestra. The author also deals with the role of the artistic board, the main advisory body of the orchestra management on artistic issues. Other...
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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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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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