|
|
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...
|
|
|
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...
|
|
|
Remedies for copyright and neighbouring rights infringement in international context
Ježek, Jan ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Remedies for copyright and neighbouring rights infringement in international context The aim of this thesis is to comprehensively summarise the current international state of remedies for copyright and neighbouring rights infringement. For that purpose the thesis outlines subject matter of copyright and neighbouring rights, international and European legislation, execution and infringement of such rights. With regard to intangible nature of subjects protected by copyright and neighbouring rights, it is not sufficient to prescribe measures only at national level; on the contrary it is necessary to prescribe legislation internationally, because execution and infringement of rights can occur at multiple locations simultaneously. Therefore, this thesis also deals with current issues of digital era, which must be dealt with by the law of copyright and neighbouring rights. The topic of this thesis is divided into five parts. First chapter outlines the intellectual property rights and mainly the special nature of copyright and neighbouring rights. Second chapter summarises most of international treaties in the field of copyright and neighbouring rights and guides through the evolution of international legislation. Further the chapter summarises the European legislation on copyright and neighbouring...
|
|
|
Convergence of Copyright and Trademark Protection
Holub, Lukáš ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Convergence of Copyright and Trademark Protection Key Words: Copyright, Trademark, Protection, Convergence Abstract: The thesis analyzes the concept of copyright and trademark protection in Czech law and the consequences of their simultaneous operation. The aim is to determine whether the existing legislation responds the current trends and demands in our society, where business and arts are becoming interconnected and where the boundaries between those disciplines are blurred. Both protections are initially assigned to theoretical context of legal branches of intellectual property and intangible property. The author also deals with current conception of ownership in Civil Code. Following chapters are based on the principles of civil (continental) law concepts of copyright law and industrial property law established in this part. Subsequently the regulation of copyright protection and trademark protection is discussed in two separate chapters. Those chapters are divided into identical sub-chapters to highlight similarities and differences of both legal institutes. The focus is on subjects of both protections, their beneficiaries, formation, content, duration, means, limitations, international context and the issues of licensing. In the chapter devoted to convergence, various situations which might occur...
|
|
|
Right to one's own image
Šimerdová, Anna ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis is to describe the conditions of capturing someone's image and of further portrait use under the law of the Czech Republic. Its content reflects recent fundamental changes in Czech civil law through the new Civil Code, effective since 1 January 2014. This thesis begins with an explanation of the constitutional fundamentals of personality protection, followed by a description of personality protection itself. The major part of the thesis focuses on the right to one's own image and to right to portrait. Generally, capturing one's appearance is possible only upon one's prior consent but there exist several exceptions: interest license, official license, scientific license, artistic license and newspaper license. The situation is different with public figures as the level of their privacy protection is lower than the level of privacy protection of "ordinary" people. The judgment of the European Court of Human Rights in the case of von Hannover v. Germany in 2004 was ground-breaking, saying that the public has the right to be informed about facts which intrude into the privacy of public figures, as long as these facts are capable of contributing to a debate on matters of public interest in a democratic society. In the case of a breach of the right to one's own image and to the right to...
|
|
|
Copyright protection of gaming software
Holbík, Ľudovít ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
This diploma thesis deals with video games as a problematic part of software law that is constantly growing in importance. It focuses on legal difficulties that were a byproduct of their growing economic potential. It further explains relevant aspects of copyright law in this matter and, to a limited degree, also related problematic from different branches of law, namely criminal law, administrative law and civil law. During the writing, I was focusing on distinctive aspects of video games as specific kind of software, and their distinctions from different kinds of works, especially from "classic" computer programs. An introduction to the problematics, an establishment of aims of this work and a brief summary of video games from the forties to the present times can be found in the first chapter. Basic terminology that is used in this work is in chapter two. The thesis further continues with legal concepts such as author, work and computer program. It proceeds with thoughts on a possible subsumption of video game under a certain kind of work as it is defined in the copyright act and considers establishing an individual category for video games. Chapter five defines content of copyrights, their division on personal and property law with a focus on the specification of different kinds of property law....
|
|
|
Limits of copyright in visual art
Sýkora, Matěj ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Résumé: Limits of work of copyright in visual art This diploma thesis primarily deals with the concept of copyright work in the current Czech law and its relation towards works of contemporary visual art. The main aim of this thesis is to carry out a complex analysis of conceptual features of work of copyright under the Czech Copyright Act No. 121/2000 Coll. (including key and not always properly interpreted terms such as work of art, originality, or creativity) and then to apply these features to examples of the world's major works of visual art from the twentieth and twenty-first century. Author of this thesis tries to find out whether even specific works of visual art "meet legal requirements" imposed on works of copyright and thus may enjoy the copyright protection in the Czech legal system. It is the effort to identify boundaries between works of copyright and objects which are not under the protection of copyright law what is reflected in the title of this diploma thesis. Text of this thesis is divided into two main units. The first unit, which is the core of the thesis, is called "Limits of work of copyright", the second unit is called "Limits of appropriation". In the general part of the first unit the author tries to focus deeply on theoretical inquiry about the concept of work of copyright under...
|
|
|
Unlawful use of a copyrighted work
Dvořák, Pavel ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This thesis is focused on the theme of unlawful use of a copyrighted work. The main aim of this work is to provide a fundamental insight into the current state of protection of rights belonging to the authors in the Czech Republic, emphasizing the exclusive right of exploitation. Furthermore by using the examples of selected forms of exploitation this thesis aims to delineate a certain line between a lawful and unlawful use of a copyrighted work, especially with regard to the case law of the CJEU. This thesis is composed of four chapters, which are divided into sections and subsections. Chapter One is an introductory chapter which provides definition of a copyrighted work and explains the content of exclusive rights of authors to their works. Chapter Two focuses on the right of exploitation. It describes various forms of exploitation of copyrighted works and also deals with the regulation of a license agreement and the non-contractual use of works secured by the exceptions and limitations of copyright. The legislative changes caused by the recodification of Czech civil legislation are also reflected. Chapter Three examines the means of protection provided by the Czech law in case of a copyright infringement. It contains a list of private claims which the author can use against the offender along...
|
|
|
Copyright aspects of webpages
Král, Samuel ; Křesťanová, Veronika (referee) ; Holcová, Irena (referee)
Copyright aspects of webpages protection of computer programmes and its present statutory provisions governed by Act number 121/2000 Sb., of the copyright and rights related to copyright (Copyright Act), and its extension and application on one of the fastest developing area of law, such as websites and web presentations. Another important objective of this thesis is the critical analysis and application of the most recent judgements of Czech and foreign courts and also judgements of the Court of Justice of the European Union in the area of computer programmes and internet law itself. First chapter deals with the history and development of the copyright with particular focus on protection of computer programmes, databases and legal aspects of behaviour on the internet, respectively World Wide Web. Second chapter is focused on definition of terms which are defined to be used in the following chapters in purpose of application of provisions of the Copyright Act. Chapter also provides detailed description of functioning of web presentations and description of its unique parts which create the web presentation itself. The following chapter applies the conditions of statutory law and the most recent jurisprudence in the area of websites and the Internet on web presentations. First part of the chapter...
|
|
|
Protection of personality in the media area
Fičurová, Nora ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The submitted diploma thesis provides an introduction into the topic of conflict of the personality rights of an individual with the freedom of expression of media and right to receive information of others. The emphasis is put on the Czech and European case law. Marginally is mentioned also the topic of new media, especially the latest case law of the European Court of Human Right on this matter. The diploma thesis is divided into introduction, conclusion and three chapters. The first chapter introduces the basic definitions and theoretical basics of the topic. The reader is acquainted with the concept of human personality and its components, with the concept of personality rights and their nature as well as with the possible infringements of these rights. The chapter also provides the definitions of media and new media. The second chapter focuses on the legal framework of the personality rights, freedom of expression and right to receive and impart information. The chapter first analyses the international legal framework with the focus on the European Convention on Human Rights and later it deals with provisions of the Czech civil code as well as provisions of the Czech media laws. The last section of this chapter analyses Czech as well as European legal provisions on liability of internet...
|
guest ::
RSS feed.