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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...
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Legal aspects of the implementation of project "Creative Commons" in the Czech Republic
Jansa, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
103 Resumé / English summary Title of the thesis: Legal aspects of implementing Creative Commons project in the Czech Republic Summary: The main topics of this master thesis are Creative Commons public licenses and legal questions arising in connection with their porting to the Czech legal system, i.e. creating Czech versions of these licenses that mirror the spirit of the original licenses while reflecting the particularities of Czech copyright and Czech law in general. Since public licenses are not yet an established concept in the Czech Republic, the first part of this paper (Chapter 2) introduces several public licenses (presented license) to create a sufficient background. Beside the main goals and features of the Creative Commons (CC) license system, GNU General Public License (GPL), GNU Free Documentation License (FDL) and Creative Archive License (CA) are presented in a similar way and a comparison of these licenses follows on the level of license elements, i.e. the main characteristics that determine the scope of the individual licenses. The aim of Chapter 3 is to produce a legal definition of public licenses. Based on the joint features of the discussed licenses (inductive approach), the following definition emerged: a license that is (i) non-exclusive, (ii) royalty-free, (iii) which the copyright...
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Resale right
Faladová, Adéla ; Holcová, Irena (referee) ; Křesťanová, Veronika (referee)
The thesis provides a comprehensive overview and analysis of the origin and development of the so-called resale right ("droit de suite"). The thesis begins by explaining the history of the first recognition of the right at the national level in France at the beginning of the 20th century and the recognition of the right at the international level. The thesis continues with a thorough analysis of the legislative history and content of the European Resale Right Directive of 2001, including a brief report on the implementation of the Directive. The thesis analyzes in detail the national legislation on the resale right in France, Germany, the UK, Ireland, California and Australia. There are several annexes attached; including comparative tables outlining some aspects of resale right legislation in the different countries. A substantial part of the thesis focuses on the history and development of resale right legislation in the Czech Republic - from the right's first introduction in Czechoslovakia in 1926 to the implementation of the Directive in the Czech Republic in 2000 and 2006. The thesis closes by offering suggestions de lege ferenda for Czech legislators; the suggestions are based on experiences with the practical application of the right in the Czech Republic and foreign legislation analyzed in...
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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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Documentary Film from the Copyright Point of View
Fořt, Ferdinand ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis Documentary Film from the Copyright Point of View is to explore and evaluate copyright specifics of documentary cinema. Chapter One describes documentary film as a culture phenomenon with peculiar relationship to reality. It shows possible definitions and classifications and outlines some of the ethical questions connected with the documentary cinema. Then follows a brief excursion into the history of copyright protection of audiovisual works (both in the Czech Republic and in the international context), with emphasis on speciality of documentary films protection. Chapter Three examines terms audiovisual work and authorship of an audiovisual work as defined in effective Czech Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and tries to mark boundaries of these terms and its possible interpretation especially in relation to the documentary and other non-fiction films. Next chapter deals with the legal nature of protagonists of documentary or social actors which differs from legal nature of the actors in fiction films, because social actors does not perform artistic performances as defined in Czech Copyright Act. Subsequent Chapter Five analyzes protection of personal rights of social actors in documentary films which is governed by general protection of...
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Artistic performance and its copyright protection
Ericssonová, Michaela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
ENGLISH SUMMARY Art Performance and Its Copyright Protection The main goal of my thesis is to describe and explain the fundamental principles on which is based the copyright protection of art performance. My paper is divided into three parts, namely, The Sources of law, Art performance, and The Performer`s rights to his art performance. 1. Sources of Law The basic legislation is the Constitution of the Czech Republic, which considers the rights to the results of intellectual creative activity as fundamental human rights. International treaties, binding on the Czech Republic, are also very important. The performer`s rights are regulated especially by The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961). The Czech Republic, as any other member of the European Union, has to comply with European legislation, especially European directives. This condition is met by the Copyright Act - No. 121/2000 Sb. (Collection of Laws), as amended, which regulates the copyright and related rights. The performer`s right is very close to copyright, that is why many provisions concerning the work and copyright is applied - mutatis mutandis - to the performer and his performance. 2. Art Performance The art performance comes into existence upon performing the work of...
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Unlawful use of a copyrighted work
Petrovská, Natálie ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Resumé / Summary Title: Unauthorized Use of Author Craft The purpose of my thesis is to analyse the unauthorized use of author craft. It is the situation when the author craft is used without the knowledge and permission of the author. The reason for my research is the rapid development in this area and the need to establish the high-quality copyright law. The thesis is composed of six chapters, each of them dealing with different aspects of copyright law. Chapter One is an introductory and defines basic terminology such as copyright law, author craft, an author, author rights, exceptions to these rights etc. Part Two deals with the relation between the copyright law and civil law. The chapter Three focuses on short history in our territory. The Fourth chapter is subdivided into three parts. One of them describes non-contractual institutions. These institutions enable the public to the wide access to author craft. The second part analyses contractual relations. The Third part explains special institute named creative commons. The Fifth chapter investigates unlawful use of author craft and it is divided on web piracy and software piracy. The last chapter addresses the issue to the civil and criminal protection. This diploma paper provides a general overview of the issue of unauthorized use of author crafts,...
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