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Selected aspects of cloud compliance - with particular regard to personal data protection
Kranawetter, Kristina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
1 Abstract Thesis title: Selected aspects of cloud compliance with particular regard to personal data protection The scope of this thesis is to explain the term compliance and IT compliance as a relatively new legal issue dealing with the compliance of corporate IT with the large amount of corresponding legislation companies (and especially their legal departments) worldwide have to deal with. The main focus lies on corporate IT compliance in connection with the usage of cloud computing technologies especially regarding the protection of personal data. The thesis discusses the origin and the definition of compliance, IT compliance and the most important legal documents and regulations related to compliance (Sarbanes Oxley Act, EuroSOX, Basel II and the relevant data protection acts). The relationship of compliance, IT compliance and intellectual property rights is demonstrated together with the idea of future need and possible obligation to protect data and intellectual property rights by means of mandatory configuration of available company's information technologies infrastructure. Eventually, to exemplify this functional interaction, an example of state's contribution to a lawfull implementation of IT is presented on an example of Germany's Federal Office for Informational Security and the federal data...
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Selected aspects of copyright protection of software
Černá, Martina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The field of copyright protection of computer programs and resale of a copy of a computer program is not free of many substantial problems which are even supported by a fast technological development and which will probably soon result in substantial revision of both national and international copyright law. This thesis is to analyze and assess selected aspects of copyright protection of computer programs with main focus on resale of a copy of a computer program in both theoretical area and jurisprudence of European and US-American courts. This thesis reflects jurisprudence of the European Court of Justice, German and Dutch courts and court decision available in the USA. The general introduction in the theme and related issues is followed by a thorough analyze of the jurisprudence, including two decisions of the European Court of Justice in the UsedSoft case and related decisions of German courts, as well as the decision in Vernor vs. Autodesk case, which is relevant for the US-American jurisprudence. With the focus on international legal protection of computer programs, which provides the computer programs with the same protection of literary works, a completely new aspect of copyright protection of the computer programs, which is the relation between the legal regulation of resale of immaterial...
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Copyright protection of software
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The title of this diploma thesis: Copyright protection of computer programs The general purpose of this thesis is to describe the most important aspects of the legal protection of computer programs, particularly the aspects of copyright protection. In this thesis I describe the form in which a computer program is protected, the activities that are permitted by law in relation to a computer program and what activities constitute an unauthorised intereference with author's rights. In addition to the copyright regime I also briefly described patent protection of computer programs, since it recently was subject to heated discussions in Europe and we can anticipate further development in this matter in the future, especially with regard to the decision-making practice of the European Patent Office and possible legislative establishment of patent protection of software at EU level. I have analyzed the above mentioned aspects under the Czech law (in close relation to the law of EU) but also under the law of the USA. Therefore, another aim of this thesis was to compare the legal protection of software in the USA and in the Czech Republic (EU respectively). Finally, this thesis also describes the issue called "software piracy", i.e. illegal distribution and use of computer programs. More specifically, I...
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Legal aspects of Cloud computing . SaaS as a form of Cloud services
Ohnišťová, Markéta ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis provides legal insight of the Cloud computing with a particular focus on a specific cloud service called software as a service (SaaS). There are discussed all cloud services and distribution models of the cloud infrastructure as well as its legal aspects. The thesis analyses legal requirements of contractual provisions for a provision of the SaaS services. The substantial part deals also with types of licenses, which can be used in relation to the provision of the SaaS services. The practical part of the thesis firstly contains above all the legal framework of data protection and its legal requirements on contractual relation between provider and customer of the cloud Services. Secondly the abovementioned part provides a comparison between contractual provisions related to the processing and protection of data between two contracts, Google Apps for Work and Microsoft Office 365. Keywords Cloud computing, cloud, software as a service (SaaS), data protection, contract
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Copyright and other protection of visual arts
Šatrová, Adéla ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Copyright and other protection of visual arts The main topic of this thesis is the copyright and other protection of visual arts. Its aim is to present the main principles of Czech copyright law, illustrate these general rules on examples of visual art, and point out the specifics of the Czech copyright towards these works. Apart from the Czech copyright law, this thesis presents the basic rules of American copyright law, as an introduction to this subject matter in a different legal system. This thesis then shows the legal rules of copyright law in the Czech Republic, which emerges from civil law, and the legal rules of copyright in the USA, which extends from common law. The purpose is not to compare these two legal systems in detail, but to explain the Czech rules in context of a foreign legal system, which offers different concepts and other solutions. The first chapter presents the legal sources of Czech and American copyright. Chapter two describes the basic principles of Czech copyright law, which is followed by an introduction to American copyright law in chapter three. These two chapters interpret the origins of Czech and American copyright, define the work of copyright in both systems as well as explain in legal terms of what a "work of visual art" means in these systems. Chapter four is...
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Selected copyright and other aspects in a theatre field
Horáková, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The purpose of this thesis is to deal with copyright law institutes which are applied in a theatre field. It is important to bear in mind that there is not special legal regulation of copyright law when it comes to the theatre field. The reason is most likely because of diversity within art, which is not easy to be covered by legal regulations. Also there is not enough space for theatre field as it is necessary in Czech copyright law. Another goal of this thesis is to provide audience from theatre field with information included in this work. That fact was also taken into account. Besides introduction and conclusion the thesis is devided into ten chapters. Firstly there is a list of theoretical terms which are essential for understanding the thesis and later there is analysis of specific institutes. Introducing chapter number two defines list of theoretical terms from both theatre and copyright law field. Only a few of them are explained for easier understanding of following chapters. Third chapter deals with license agreements, as it is essential term in copyright law field. Fourth chapter introduces contracts of work and consists of two subchapters. First subchapter provides information about contracts of work with intangible result which is base for second subchapter contract of ordered work. It...
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Theory and Practice of Legal Protection of Personality Rights
Svoboda, Marek ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Theory and Practice of Legal Protection of Personality Rights Legal protection of personality rights is a specific and important issue, which allows every human being to enjoy his or her personality rights without any interventions. This kind of protection is grounded on the obligation of the society as a whole to respect human dignity and the inviolability of personality of every individual. Based on findings contained in my diploma thesis, the Czech legislation pays considerable attention to the protection of personality rights especially in the provisions of the Civil Code and the Charter of Fundamental Rights and Freedoms, both providing legal guarantees for defending oneself against illegally attacked parts of human personality. This kind of legal protection is supported by the effectiveness of the new Civil Code; unlike the previous Civil Code, it expands the number of provisions protecting human personality rights. My diploma thesis clearly suggests that the Czech legal regulation offers to injured individuals different possibilities of claiming their personality rights, for example, how to seek protection of already violated rights, which should be evaluated positively. However, it should be noted that legal practitioners must do their best to make efficient the means for remedying violated...
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Digitisation of Copyrighted Works
Mackovičová, Michaela ; Dobřichovský, Tomáš (referee) ; Holcová, Irena (referee)
Digitisation of Copyrighted Works The thesis deals with the issue of digitisation of copyrighted works. The aim of this work is to provide a comprehensive account of the digitisation phenomenon in relation to copyrighted works from the point of view of the Czech Copyright Act and to analyse two digitisation projects to identify practical issues and, if possible, solutions to these. The text is divided into five chapters, each of them dedicated to a different aspect of the topic presented. The first of the two introductory chapters focuses on the legal institute of copyrighted work as defined by the Copyright Act of the Czech Republic. The five subchapters analyse the concept of copyrighted work, examine legal fiction expanding the set of protected objects and specify the respective protected objects within the category of copyrighted works. The two subchapters comprising the following chapter study the phenomenon of digitisation from the factual point of view. The first subchapter describes the concept of digitisation, focusing on technical aspects, while the second one makes distinction between the digitisation and born-digital materials. The third chapter provides ground for merging the legal aspects of copyrighted works and the factual aspects of digitisation into the key issue of digitisation of...
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The author and the performer of the musical work as parties to copyright relations in the process of creation and exploitation of the copyright work
Kletenský, Jan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of the thesis is to present the legal framework of the copyright and rights related to copyright to authors and performers of musical work. As a relatively complex issue, in my opinion, it is important for authors and performers as artists to have at least a basic idea of what rights and obligations arise in the process of creation and exploitation of musical works and what legal framework of protection the law provides to them. Moreover, this topic is very close to me because I am myself author and performer of musical works. The first chapter deals with the musical work in terms of its individual components, both from legal and music theory point of view. Considering that the criterion of uniqueness of the copyright work does not exclude the use of parts of other works, I also examine the issue of legal uses of foreign works in the process of the creation of copyright works and the issue of plagiarism. At the end of the first chapter I mention the creation of a copyright work by collaboration of multiple authors (which is typical for musical works). In the second chapter, I introduce to the authors the catalogue of their moral and property rights, focusing on those areas that are relevant to musical works, including the duration of their rights and post-mortal protection. The third...
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Copyright law to visual art
Beran, Vojtěch ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Resume in English Title of the thesis: Copyright in Artistic Works Abstract: This thesis is dealing with copyright, with regard to the artistic work. After a brief introduction about the sources of copyright in the Czech Republic and the European Union, the explanation of what actually regulations CR mean by "artistic work" follows. There is concluded that the artistic works, whether they are defined by laws in any way, they are somehow protected in all countries of the world. The following part, entitled "The Artistic Work as a Property," explains the difference between the artistic work and its carrier material, i.e. the thing by which the work is expressed, in the laws of Czech Republic. This is a very important hypothesis for all owners of art works, because these are also restricted by copyright of the author and with other laws. The next chapter, 'The rights of copyright owner' focuses on descriptions of the various uses of the work. The Copyright Act of the Czech Republic describes the term "ways of use of the copyrighted work" in general, so it can be applicable to all types of copyrighted works. However, in this thesis, I am using the examples to demonstrate what the different ways of use mean. I described in details the Resale Right (Droit de Suite), which is the right granted to artists or their...
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