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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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Collective administration of copyright and neighbouring and relating rights
Baloghová, Alžběta ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of the submitted master thesis is Collective management of copyright and related rights. The purpose of this thesis is to describe the system of collective management and its legal framework in the Czech Republic and to point out the current changes and news in the European and Czech legislation. Furthermore it gives an insight into the regulation of collective management in Switzerland and enables comparison with the Czech regulation. Except for the introduction and the conclusion the work is divided into four chapters that represent four thematic sections. The first chapter is an introduction to copyright law. Firstly it presents historical development of copyright law in the world and on the territory of the present Czech Republic. This chapter contains also definitions of the basic terms that are used in the thesis, such as the author, the moral and economic rights of author, the work or related rights. The second chapter is dedicated to the regulation of collective management that is currently legally binding in the Czech Republic and its judicial and academic interpretation. It deals with the basic principles, terms and institutes of collective management. Also the individual Czech collective management organisations are mentioned there. The third part of the thesis is split into...
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Computer program as an Employee work and its specifics
Kmoch, Ondřej ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
This thesis is focused on the topic of the computer program as an employee work and its specifics. The aim of this thesis is mainly describing and summarizing the Czech legislation of the employee work in the Copyright act if such work is the computer program including its history. The thesis also contains the author's remarks with respect to the relevant contractual practice. In the introductory passage of this thesis there is an explanation of the basic term "computer program" and its usage in the Czech legislation together with the explanation of the basic terms regarding the copyright such as "author work and its origin", "authorship", "content of copyright", "disposition of the content of copyright" etc. Then there is a short excursion to the databases and their copyright protection. The following parts of this thesis focus on the crucial author's work which is the computer program wherein is included the excursion to the history of the copyright protection of the computer program as the author's work followed by the excursion to the international and the European regulation of the computer program as the author's work. Then the relevant provision of the Czech regulation regarding the employee work is discussed in detail which is followed by a chapter containing some of the author's practical...
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Exhaustion of Copyright in Computer Programs
Ondruš, Jan ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
(EN) The aim of this thesis is to provide an analysis of the principle of exhaustion of rights especially to computer programs in the comparative context of the legal regulation in the EU and US. The issue of exhaustion of rights to computer programs became a topical problem after the decision of the Court of Justice of the European Union (CJEU) in case UsedSoft v. Oracle, when the CJEU ruled that the principle of exhaustion of rights is applicable not only for sale of computer programs on tangible media such as CD/DVD, but also for distribution of computer programs in digital form via Internet. This decision, however, became widely criticized by legal experts, since CJEU accented rather economic arguments in favor of this principle than the European legal regulations and international conventions. Certain problematic aspects were also demonstrated in the decision of US court in case Capitol Records v. ReDigi, in which the court persuasively summarized legal and technical reasons why the principle of exhaustion of rights cannot be applicable for the sale of digital files distributed via Internet in the context of current legal regulation. In the first part of my theses, I deal with the term "computer program" as a subject matter of law, and as a subject of protection by copyright law. The second...
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Collective administration of copyright and neighbouring and relating rights
Plinta, Jan ; Wünschová Pujmanová, Alexandra (advisor) ; Holcová, Irena (referee)
Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...
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