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Internet law
Meissnerová, Anna ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...
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Exclusions from patentability - European, Czech and British perspective
Valešová, Lenka ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse exclusions and exceptions from patentability which is a negative requirement for an invention to enjoy a patent protection. It aims to answer the question why the exclusions are needed and whether they should be preserved as some of them proved to be very controversial. The law and practice of the European Patent Office, the Czech Republic and the United Kingdom are compared with the emphasis on the European Patent Convention and the EPO's case law. In the national regulation, mainly the differences and peculiarities to the European approach are pointed out. The work is composed of four chapters. The first chapter explains the basic concepts of patent law and presents justifications for patent protection. The second chapter deals with various patent systems and reviews the most important international tools of harmonization. In the third chapter, the exclusions are introduced and the distinction between Article 52(2) and (3) EPC (exclusions) and Article 53 (exceptions) is clarified whereas it is submitted that the difficulty posed by the exclusions lies in the interpretation of the words "as such" used in Article 52(3) EPC. The main focus of the thesis lies in chapter four which is subdivided into nine subchapters, each discussing one of the exclusions and...
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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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Liability of the particular participants of Internet plant and P2P file sharing networks
Steinhauser, Antonín ; Žikovská, Petra (referee) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences within all legal aspects of internet plant. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. Also deals with inevitably international nature of internet plant and connected questions of jurisdiction and applicable law. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with sharing P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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Copyright infringement on the internet
Bejdák, Marián ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Main aim of the presented rigorous thesis is to describe legislation related to the Internet in Czech and Slovak Republics, european legislation and protection of distribution of work through the Internet. This thesis specifies process of creation of Internet network in context of the Internet history and its tools /webpages, forums, e- mail, torrents/, defines concept of copyright contravention and its regulation within international legislation, particular forms and methods of infringement on the Internet, propagation of multimedia works, responsibility relations liability for damages.
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Licence agreements in theatre environment
Hodonický, Václav ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 Abstract The purpose of this thesis is to deal with the institute of copyright license agreements as it is applied in a specific background of theatre. Theatre is specific for its unlimited artistic diversity, which is not subject of such an interest from public or businesses as film or music is. This is the reason why there is not any special legal regulation in Czech Copyright law. The secondary goal of this thesis is to provide theatre employees responsible for drafting and entering into license agreement with theoretical knowledge of all relevant issues in this regard. Besides the prologue and epilogue, the thesis is divided into seven chapters. First five chapters deal with copyright law and copyright licenses in general and the sixth and seventh apply the gained theoretical knowledge on practice of theatre production. The prologue views thesis' matter from theoretical point of view and outlines the problems that theatres have to deal with. The first chapter classifies general copyright law within the system of the Czech law. The aim of chapter two is to enumerate the sources of the Czech copyright law. It is subdivided into three subchapters dealing with the Czech legal system, International law and law of the European Union. In the third chapter, which consists of three subchapters, we can read...
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Copyright in the aspects of television broadcasting
Rennerová, Zuzana ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
This thesis deals with copyright issue in the field of television broadcasting. Regarding the topic extend, the thesis does not examine all the issues down to the least detail. Neither it mentions sociological aspects of the legal matter, nor elaborates findings from the field of media communication and television production. The submitted text tries in nine chapters to present a summarising insight into copyright from the view of television production as per legal status on June 30th 2011. First, the analysis of the valid right is carried out by means of interpretation, grammar- language, word meaning (semantic), systematic, theological, logical and historical methods. The findings gained are then processed by means of a comparative method. However, the text also takes into consideration former copyright regulations as well as relevant provisions of the international copyright and EU law. A great attention is paid to doctrinal interpretations and to judicature in the limited extend as well.
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Collective administration of copyright and neighbouring and relating rights (Czech - French legal comparison)
Randárová, Jitka ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse the collective administration of copyright and neighbouring and relating rights, as the very title suggests. Based on the yearlong Erasmus stay in Paris, I decided to compare the Czech legislation with the legal system of France. Following after the opening, the second chapter is meant to be informative and should provide an explanation of basic concepts which the reader encounters at work. Third chapter, by a relatively brief section, describes the legal anchoring of collective administration in both jurisdictions. The fourth chapter, which is structured thematically rather than chronologically, introduces readers to the historical development of the Institute of collective management. The concept of collective administrator and analysis of its origin and status of the legal system are to be found in the fifth chapter. Chapters six and seven have an identical theme - control. The main focus is on the different types of external and internal statutory control of collective administrators. First of all, it is an external control exercised by the Ministry of Culture. The same principle of control is also applied in the French legislation, but there is a possibility of a much wider control mechanisms. Chapter eight concentrates on the core object of collective...
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