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Digital distribution of sound works with a focus on the status of the author and his remuneration in the context of popular and production music
Kapic, Jan ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Digital distribution of sound works with a focus on the status of the author and his remuneration in the context of popular and production music Abstract This thesis deals with the digital distribution of music, the status of the author in the online environment and the remuneration of rights holders for the use of these works and the legal framework set by Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital market and amending Directives 96/9/EC and 2001/29/EC and its transposition into the Czech legal order. In the first chapter, I define an important historical context for the material discussed below, in terms of technical development and legal uniformity. The second chapter is devoted to the definition of legal terms important for the thesis and the range of legal regulations concerning copyright, primarily Copyright Act No. 121/2000 Coll. The third chapter is devoted to the music sector in terms of the division into production music and popular music and the specifics of their use. The fourth chapter describes the various models of digital music distribution and the pitfalls that have accompanied their dynamic evolution in a society whose legal environment has often been unprepared for and had to respond to them....
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Software Piracy
Hostin, Jaroslav ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
This diploma thesis deals with the phenomenon of software piracy, which is still an unsolved problem on which rights holders lose a significant amount of financial resources. In this work, the emphasis is mainly on the analysis of current domestic legislation and jurisprudence, including related EU legislation and the jurisprudence of the Court of Justice of the European Union, however, with an explanation of the necessary historical and technical connection with the given topic and with an outline of the practical functioning of piracy circles. From a formal point of view, the work is divided into five chapters, which I further divide into individual subsections. The first chapter briefly presents the history of software development along with the necessary definition of the terms "computer program" and "software", which, due to the intercontionality of the issue, are not identical. The second, comprehensive chapter is devoted to the general regulation of copyright, whether in terms of international law or the law of the European Union, but with great emphasis in relation to computer programs, and at the same time the most commonly used technical means of protecting computer programs are described here. The third chapter is focused on the disposition of rights to computer programs and individual...
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Copyright law and advertising
Boštičková, Aurora ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Copyright law and Advertising This thesis deals with copyright law, a branch of law belonging to the field of intellectual property law, as well to intangible goods, and as a second topic it deals with advertising. The aim of the thesis is to introduce the reader firstly copyright law, advertising and then to unite these two main topics and last but not least to deal with prohibited advertising. The core of the thesis is to connect copyright law and advertising, specifically the subject of copyright, which is the copyright work, and advertising, and to highlight the use of specific copyrighted works in advertising. The thesis is divided into an Introduction, a General Part consisting of 8 chapters, a Special Part dealing in two chapters with decisions of Czech courts and a Conclusion. The first chapter deals with the concept and classification of copyright law, its origin, content and object. The second chapter provides an overview of international, EU and Czech sources of legislation. The third chapter deals with the concept of advertising, its types and legal regulation of advertising. This chapter is logically followed in Chapter Four by advertising entities, which are defined by the Advertising Regulation Act, and Chapter Five, which follows it, and deals with supervisory authorities defined by...
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Distinctive character of trademarks and related institutes in the light of European Union law
Brunclíková, Lenka ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
1 Distinctive character of trademarks and related institutes in the light of European Union law Abstract The topic of this rigorous thesis is Distinctive character of trademarks and related institutes in the light of European Union law. Trademarks have become an indispensable aspect in commercial relations. Every successful entrepreneur should invest in and protect his goods or services by means of trademarks. Trademarks are a very effective tool that can provide information that enables consumers to make informed choices about the products and services that are protected by trademarks. However, in order for a trademark to be registered and thus provide the required protection, it must have sufficient distinctive character to enable it to distinguish the goods or services of one entity from those of another. The aim of this thesis is to analyze the legal issues relating to the distinctive character of trademarks and related topics, in particular from the perspective of European Union law. In order to meet this objective, the thesis is divided into four parts. The first part deals with the historical development of trademarks, from the ancient period through the first international agreements to the EU regulation. The second and main part analyses the distinctiveness of a trademark, explaining the difference...
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Trademark registrability
Tkadlec, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The purpose of this thesis, entitled Trademark registrability, is to provide a general overview of otherwise extensive issue of trademark registrability, in particular the legal regulation contained in the Trademarks Act after the entry into force of the Big novelization Trademarks Act. This thesis consists of eleven chapters in total, with each chapter focusing on a different aspect of trademark law in relation to the topic of the thesis. The content of the first chapter is an introduction to the historical development of trademark law from the period of the emergence of civilisations to the modern concept of trademarks as we know it today and the integration of this institution into the intellectual property rights of which it is a part. The second chapter deals with the very concept of trademark, in particular what a tradmark is and what kind of sign is eligible to be a trademark, or what requirements are placed for such signs. The chapter further divides trademarks into two main categories, the traditional trademarks, which are trademarks capable of graphical representation, and non-traditional trademarks, where the requirement of graphical representation has been waived. The third chapter describes conditions under which the registration protection is granted to trademarks in Czech Republic in...
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The Internet and Copyright - liability of Information Society Services Provider
Vytopil, Aleš ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
Internet and copyright - liability of information society service providers Abstract The diploma thesis primarily deals with the liability of information society service providers with a focus on relevant legislation at the level of the European Union as well as the national legislation of the Czech Republic. The author's goal is to provide a comprehensive legal analysis of this issue with respect to copyright infringement on the internet. The opening chapter is dedicated to providing a definition of the term internet itself, the description of the beginnings of this technology and the basic technical parameters of the internet. The subsequent chapter provides an analysis of the institutes of copyright and copyright work and their relationship to the development and commercialization of the internet. The main technological tools that have been and are being used to infringe copyright on the internet are also outlined and the legislation and case law related to it. The core part of the thesis focuses on the definition of the terms information society service and information society service provider together with the relevant jurisprudence of the Court of Justice of the European Union. Information society service providers are divided into relevant categories, according to the nature of the service they...
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Public Licences
Schwarz, Vojtěch ; Holcová, Irena (advisor) ; Dobřichovský, Tomáš (referee)
Public licenses Abstract This master thesis aims to provide a comprehensive overview of the legal concept of public licenses and the issue of free (libre) and open source software. To achieve this, it analyzes all relevant legislation, both on a national constitutional and statutory level, specifically the Czech Civil Code and the Czech Copyright Act, and on an international level through the relevant legislation of the European Union and international treaties signed by the Czech Republic. In addition to the analysis of legislative acts, it deals with the relevant judicial decisions of foreign countries, since no such decisions were yet made by Czech courts. Apart from the above mentioned, the most important analysis consist of an in-depth dive into the wording of the license terms of selected licenses, namely Creative Commons and its variants, the GNU General Public License (versions 2.0 and 3.0), the BSD License and the MIT License, all of which apart for the Creative Commons licenses were selected due to them being the most used public licenses based on data from the online open source software repository Sourceforge. The thesis consists of three main topical areas, each of which forms an important part of the comprehensive analysis of the legal concept of public licenses. The first offers an overview...
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Legal Aspects of Concealed Advertising on Social Media and its Child's Perception
Jirůtková, Martina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
99 Abstract: Legal Aspects of Concealed Advertising on Social Media and its Child's Perception The goal of this thesis is to assess whether the current effective legislation is able to respond to the new phenomenon of social media, primarily in the field of advertising. The author of the thesis aims to analyze the current legal situation in the field of concealed advertising and to assess whether this legislation constitutes an effective protection in this online environment and in particular whether it reflects the age of social media users and whether it provides increased protection for the child audience. The first chapter of the thesis describes social networks and influencers, not only from a general perspective, but also from a legal perspective. This chapter also describes in more detail the three selected social networks, i.e. Facebook, Instagram and YouTube. The following part of the thesis, contained in the second to fourth chapters, focuses its attention on the regulation of concealed advertising in the Czech legal system, the requirements of selected social media for labelling advertising content and foreign decision-making practice in the field of concealed advertising on social media. The subject of the analysis was not only the applicable regulations for social media, but also the...
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Protection of Computer Games and Video Games
Brádlerová, Andrea ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Protection of computer games and video games Abstract This thesis focuses on the phenomenon of video and computer games and their protection under intellectual property law, especially copyright law. It aims to provide a comprehensive assessment of the position of video games in Czech copyright law and an overview of possible protection regimes, while also reflecting on the current practice of the video game industry. The interpretation of the issue is introduced by the concept of video games as an interdisciplinary subject of research. The history of development of video games and their technical nature are also adequately addressed. The beginning of the discussion on the legal nature of video games is defined by a review of relevant legislation in the international and national context, where the role of harmonisation through European directives is particularly emphasised. The thesis then discusses the basic copyright concepts of national legislation and moves on to outline the breadth of possibilities for the concept of the video game in current copyright law, presenting arguments and considerations relevant to specific classifications of the video game as an object of its protection, supported by contributions from scholarly discourse. Attention is paid to the debate on the concept of the video game as...
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Protection of the personal rights in judical decisions of the European Court of Human Rights and the Constitutional Court
Rezler, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Protection of the personal rights in judicial decisions of the European Court of Human Rights and the Constitutional Court This diploma thesis deals with selected aspects of protection of the personal rights taking into account the conclusions adopted by the jurisprudence. The concept of personality protection is very broad and therefore its comprehensive treatment within one diploma thesis would not be desirable or possible. Therefore, in the presented publication, the author leaves aside the protection of a person's physical integrity and focuses on selected values of moral integrity and the protection that the law provides for them. Particular attention is given to the rights to dignity, honor, privacy and the one's image. As the name suggests, the essential part of the work is the analysis of court decisions, in particular the relevant case law of the European Court of Human Rights and the Constitutional Court of the Czech Republic. The diploma thesis consists of seven parts, which are further divided into chapters. The first part introduces the reader to the topic, defines basic concepts and characterizes the nature of personality protection in the Czech Republic. The second part, on the one hand, deals with the nature of unauthorized interference with personality, and on the other hand,...
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