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Copyright aspects in creation of webpages
Kempa, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The topic of this Master's degree thesis is Copyright aspects in creation of webpages. The reason for this topic was especially in general economic significance of webpages in this age, which is very often without appropriate consequences in contractual practice of its creation. The author realizes that problematic of the webpages creation brings whole range of legal issues so he has to focus on creation of the one part of webpages to make beneficial academic and legal practice outcomes. Author's decision was to deal with content management system, which is in his opinion the most important part of the majority of current webpages. It was necessary to lay down an elementary terminology in the beginning of the thesis in order to comprehend all legal issues in essential technical context. Another reason is that some legal conclusions required also non-legal (technical) knowledge. Following chapter of the thesis analyzes legal nature of webpages in respect of technical context. The fourth chapter is core of the thesis and deals with analysis of content management system's legal nature as computer program and with its creation in copyright perspective. First of all this chapter provides analysis of the requirements that the computer programs have to fulfill in order to obtain the copyright protection. Moreover...
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Liability of information society services provider for the storage of information provided by a recipient of the service
Jirovský, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Thesis title: Liability of information society services provider for the storage of information provided by a recipient of the service This paper deals with a special liability rules for service providers that play a key role in the Internet environment and provide hosting services. Objectives of this paper are to specify the concept of the ISP, describe related current issues and above all to present and analyse the drafted legislation, which was presented by the European Commission at the end of 2016 and which has the potential to significantly influence the elaborated issues. In order to achieve the aforementioned objectives, the thesis identifies the legislation dealing with this issue and describes the relationship between the European and Czech regulations. It also further specifies the essential conditions for the attainment and subsequent preservation of a Safe Harbour, which excludes the application of general liability rules. It also deals with the ISP's no obligation to monitor the information they store. In connection with the above-mentioned matter, this thesis analyses important decision- making practice, which presents advanced interpretation of the issue and the development of SDEU's approach to the status of ISP in general. In its practical part, this paper focuses on the...
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Selected aspects of protection of personality focused on new media
Navrátilová, Pavlína ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The chosen aspects of protection of personality in the focus of the new media The main aim of this thesis is to demonstrate on a scale of a few chosen aspects in which way are the personal rights protected in the environment of the new media and to what extend is this protection really working. In this thesis I describe the traditional institutes of the protection of personality, as well as the new ones, which are applied in the very specific environment of the new media. I show and describe the advantages and the weak points of these institutes on the deliberately chosen aspects Firsty, I dedicate the opening chapters to the protection of personality in general and describe the traditional institutes of the protection of personality. Then I focus on the specificity of the new media as the phenomen a I describe the new media from the legal and sociological point of view. After that I think over the legitimity and need of the cyberspace regulation and the formation of a new legal area. In Chapter Two I describe the most common problems that confronts the protection of personality in the new media environment. On the chosen courts' decision I demonstrate the basic decision making principles of the Czech and European courts when the confrontation of two fundamental rights is needed (the most commonly...
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Software Piracy
Zemančík, Adam ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Software piracy In this thesis I explore the current state of software piracy in the Czech Republic, which proves to be quite demanding due to its illegal nature and the lack of statistical data. I also take a look at the current legal protection which is awarded to the authors of computer software. Even with new trends in software piracy I conclude, that the current protection is satisfactory. I also explain how international treaties and european legislation influence czech laws.
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The Internet and copyright - modes of the use and scope of protection of the work (traditional usage, peer to peer networks, email ...)
Morávek, Radek ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
This thesis is intended to be a brief introduction of the Internet and specific aspects of use of copyrighted works in this specific internationally linked environment. The author tries to briefly summarize the history of copyright and technology that led to the development of the Internet. Since, nowadays, the Internet is a big part of human lives and is a platform where a large number of legal relationships have its origin, each individual should have at least the basic knowledge about use of copyrighted works on the Internet. The author intended his thesis to be understandable and readable even for a regular internet user, although, understanding of the legal constructions laid down herein might be challenging for a regular internet user and require a certain amount of patience and understanding. Apart from the Introduction and the Conclusion, the thesis is divided into nine chapters. In the first chapter author briefly summarizes the history of the Internet and copyright law. He also mentions fundamental legal sources in terms of international, European and Czech law. In the second comprehensive chapter, author acquaints readers with the general use of the copyrighted works, and deals in detail with contractual and non-contractual use of the copyrighted works. In chapter three to eight, the...
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Copyright protection of webpages
Beneš, Filip ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The topic of the diploma thesis is the copyright protection of webpages that connects law and webpages and its maintenance and administration performed by website operator. The webpage can be perceived and interpreted in two ways, i.e. as a set of individual elements or as single all-embracing and complex unit that is formed by those elements. The main goal is to analyze the legislation in both ways and to present impacts of it. The initial chapter provides essential basics of copyright law that applies to the rest of the thesis and explains the terminology that is used in following chapters. Second chapter deals with source code that is crucial information for a functioning of every webpage and that stays unknown to most of the webpage users. Third chapter aims at visual identity of a webpages, that means at appearance and design, every element that webpage user can perceive. This chapter also presents conditions under which the individual elements are eligible to be protected in accordance with Czech Copyright Act. A significant part of this chapter is devoted to fonts whose protection is not regulated under Czech law. Literary works, other texts, messages or notice on webpages are subject to analysis of fourth chapter. Accessibility of those works of all kinds on the internet makes almost...
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Contractual processes in a film law
Žolnerčíková, Veronika ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
CONTRACTUAL PROCESSES IN MOVIE LAW - ABSTRACT Thesis Contractual Processes in Movie Law revolves around the phenomenon of audiovisual works. Its purpose is to familiarize the reader with the process of creation of an audiovisual work from a legal perspective as well as to describe basic contractual relationships arising during that process. This thesis consists of two parts. The first focuses on basics of Copyright Law and its legal sources. It further contains an analysis of law concerning audiovisual production and Movie Law along with an overview of applicable terminology. The second part elaborates on contractual obligations originating within the process of creation of an audiovisual work. The following types of contracts are described thoroughly: licence agreement, contract of employment, contract of services, contract of work and fixed job contract. KEY WORDS: Audiovisual work, Movie Law, Copyright related contracts
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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Prucková, Štěpánka ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
My work deals with the issue of liability of individual parties in the internet, especially the liability for making the work protected by copyright available to the public and downloading it from the internet, and with internet piracy, which is closely connected with this issue. Its aim is to define the liability of the parties in the light of present development of the internet and currently used services and platforms, to illustrate the issue of internet piracy and to suggest the most effective ways to solve such phenomenon today. This is based both on statutory provisions and on the case-law of the Czech courts and, in particular, on the Court of Justice of the European Union. In the first part of the thesis I introduce readers to basic institutes of copyright, I deal with the subject of copyright protection and the exceptions from it. I discuss in particular the conditions of free use of the work which I consider to be the fundamental institute connected with the topic of my work. In the second part I deal with making the work available on the Internet, first I describe what is meant by "making the work available to public", later I distinguish between the liability for making available the own content and the other people's content. In the context of the other's content, I especially address...
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Economic rights in copyright
Kozlovská, Eva ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This work aims to describe the basic principles and characteristics of economic rights in copyright with regard to historical development, international and European legal framework. Economic rights in copyright are divided into two groups, namely the right to use the work and other economic rights. The work is dedicated to both groups with an emphasis on the use of work by public, taking into account the current SDEU case law and the effects of international and European law. Attention is also paid to the wider concept of the thing in the legal sense, as the Civil Code adopted in 2012 introduced again explicitly the concept of intangible things. As a result, this work deals also with the issue of their transferability. The theoretical method of research is used in the thesis. Work is based mainly on the commentary literature to the copyright act and the rules governing copyright at national, international and European level. In regard to the fact that copyright law is constantly evolving and new forms of use are emerging the legislation cannot flexibly react to these changes and therefore also the relevant decisions of the Court of Justice of the European Union and the Czech courts are used. The work is systematically divided into three main chapters: (i) general characteristics of copyright, (ii)...
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Collective administration of copyright and neighbouring and relating rights
Lhotáková, Lucie ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This thesis deals with collective administration of copyright and neighbouring and relating rights with focus on comparison of Copyright Act Amendment (Act No. 102/2017 Coll.) and previous effective law and collective administration in the nightclub and music bar area. The aim of this thesis is to describe the collective administration, including its purpose and its categories. It also focuses on collective administrators and includes a summary of collective administrators in the Czech Republic. The further aim is to compare Copyright Act Amendment, which became effective during finalization of this thesis, and previous effective law. The thesis is divided into five chapters. The first chapter, which is structured chronologically, is about the development of the collective administration in the world and in the Czech Republic. The second chapter compares previous effective law regarding collective administration and Copyright Act Amendment. It includes a core, a purpose, principles and categories of collective management. It focuses also on an institute of the collective administrator and describes requirements and a method of grating license for its operation and Ministry of Culture supervision. I also mention relations between collective administrators and users, collective administrators and...
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