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Copyright in the aspects of television broadcasting
Rennerová, Zuzana ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
This thesis deals with copyright issue in the field of television broadcasting. Regarding the topic extend, the thesis does not examine all the issues down to the least detail. Neither it mentions sociological aspects of the legal matter, nor elaborates findings from the field of media communication and television production. The submitted text tries in nine chapters to present a summarising insight into copyright from the view of television production as per legal status on June 30th 2011. First, the analysis of the valid right is carried out by means of interpretation, grammar- language, word meaning (semantic), systematic, theological, logical and historical methods. The findings gained are then processed by means of a comparative method. However, the text also takes into consideration former copyright regulations as well as relevant provisions of the international copyright and EU law. A great attention is paid to doctrinal interpretations and to judicature in the limited extend as well.
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European patent
Drhlíková, Eva ; Císařová, Zuzana (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of this thesis is to examine European patent. The work deals with the historical development of the European patent from its beginning to the current system. Subsequently, the work focuses on analysis of the European Patent Organization established with the adoption of the European Patent Convention in 1977. The functioning of the European Patent Office and the Administration Council, including a summary of the sources for the decisions of the European Patent Office is captured in the second part. The third chapter focuses on the question of patentability, the process of filing a European patent application and its effects in the Czech Republic. The fourth chapter deals with the emergence of the Agreement on the Unified Patent Court and its critics. The main emphasis is placed on the description of the future operation of the Unified Patent Court and the issues that arise around it.
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The recent development of collective administration of rights
Pařík, Jiří ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The purpose of my thesis is to analyse the recent development of collective administration of rights (CRM). I have chosen this topic because of its actual impact and current changes on the field of CRM. The growing importance of the Internet and of digitisation technologies is opening up new possibilities for distributing creative content online. This is not in harmony with territorial principles of administration of right in Europe. So, there are challenges which can change the way how CRM cooperate and compete. First chapter briefly describes collective administration of rights in Czech Republic. Second chapter is focused on public licences concretely Creative commons. Their impact on CRM is unexceptionable and the national legislature has to react on this new phenomenon of licensing of copyright works. The goal of this chapter is to introduce that public licence, describe their compatibility with Czech law system and draw attention to problematic paragraphs which blocks simple and lawful way how to use them. Digitalization project such as Europeana open up the orphan works problem which is due by the fact that new digital media provide unprecedented opportunities for reutilizing 'old' existing content. There is a huge problem of right clearance of copyright and related rights which can influence...
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The legal institution of making a copy for personal use in the information society.
Navrátil, Vladimír Gabriel ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Resumé: The legal institution of making a copy for personal use in the information society The aim of my thesis is to analyze the traditional institute of continental copyright law, the legal institution of making a copy for personal use, regarding new technologies of the information society. The developement of electronic comunication networks, especially Internet, and continuous digitalization introduced a massive dematerialization of copyrighted works usage. Consequently, this developement brings new ways of distribution of copyrighted works from authors to consumers of their works, related also to the exceptions and limitations from copyright. Therefore, the exception impacts on the copyright and demands are highly increased. Inevitably, the copyright law must reflects these changes in order to be able to fulfill its purpose. This tesis asks a question: "Is the possibility of making a copy for personal use according to contemporary legislation still justifiable?" I chose the topic because of dubiousness in the application of copyright law norms dealing with the usage of the copyrighted works on the Internet network, especially if we are talking about this exception. I would also like to pay attention to the so called three-step test, central point of copyright protection, and a way to decide if...
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Internet law
Meissnerová, Anna ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...
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Collective administration in digital era
Bajáková, Eva ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of the present thesis is to examine an impact of reproductive and recording technique and of the global network of the Internet on the institute of collective management of copyright and related rights which forms traditional part of the system of copyright law. Firstly, the thesis embeds an issue of the institute of collective management into the appropriate legal framework and historical context. The delimitation of collective management's purpose follows; an emphasis is placed on the position of the collective manager of copyright as an intermediary between the competing interests of the right holders and interests of users. It is explained that the change of manners of communication of the work to the public from "point-to-mass" to "point-to-point" tends to weaken such position. The real and legal monopoly of collective management is scrutinized and conclusions of academics drawn from the coexistence of copyright management companies on the market in the United States are contrasted in the following part of the thesis. The issue with licenses is addressed. The collision between the potential ubiquity of works made available on the Internet and the principle of territoriality (lex loci protectionis) is described and, simultaneously, legal issues connected with functioning of the system...
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