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Copyright in TV practice in the light of new civil legislation
Ryšávková, Veronika ; Wünschová Pujmanová, Alexandra (referee) ; Křesťanová, Veronika (referee)
This rigorous thesis deals with the copyright issues related to practice of TV companies emphasizing the specific area of TV news and journalism. It presents a basic survey of methods applied by TV stations to ensure the requirements of the copyright law for a copyright protection of the works which are supposed to be used. A difference is made between the use on the basis of a contract, above others through a standard license contract or a contract for work, and a non- contractual use on base of a free licence and quotations used most frequently in the sphere of reporting and journalism. Even the regime of collective management of copyrights is described, considering in particular audiovisual works and their individual components. In the context of the private law recodification with its foreseen effectivity from 1 January 2014 this thesis is also pursuing both direct and indirect impacts of the new civil code in the field of copyright. On a theoretical level, it deals with issues which should be resolved in connection with this significant legislative change.
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Software piracy
Pfeffer, Jan ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
12. Summary Software piracy is nowadays one of the most important social phenomenon. The primary reason is current fast development of information technologies, mainly the international electronic network that provides files and data transfer called Internet. This development caused that almost everyone is able to get a pirated copy of copyrighted work by using any computer on any place. That's why the protection of copyrighted works and intellectual property rights in general is becoming very important question of law. The reason why I have chosen this topic is that I have been working as a software auditor for a few years. I also use computers every day in work and at home as well. Study of law provides me with a different perspective of view and because of that I was able to combine technical and legal components in my work. The purpose of my work was to define software piracy in general, but it is almost impossible without many single definitions which I have included in first two chapters. In three following chapters I have defined classes of software (computer programs) and common examples of breaching the intellectual property law in connection with software piracy. I have also mentioned some exceptions relating to software, particularly copy for personal use. The largest chapter of my work deals...
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Copyright infringement on the internet
Bejdák, Marián ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Main aim of the presented rigorous thesis is to describe legislation related to the Internet in Czech and Slovak Republics, european legislation and protection of distribution of work through the Internet. This thesis specifies process of creation of Internet network in context of the Internet history and its tools /webpages, forums, e- mail, torrents/, defines concept of copyright contravention and its regulation within international legislation, particular forms and methods of infringement on the Internet, propagation of multimedia works, responsibility relations liability for damages.
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Collective administration of copyright and neighbouring and relating rights
Rychtářová, Kamila ; Wünschová Pujmanová, Alexandra (advisor) ; Císařová, Zuzana (referee)
- Collective administration of copyright and neighbouring and related rights Key words: collective administration (kolektivní správa); copyright (autorské právo) This thesis is focused on the collective administration of copyright and neighbouring and related rights performed in accordance with Act No. 121/2000 Coll., on Copyright, as amended (the "Copyright Act"). I have chosen this topic for my thesis because I am interested in collective administration and because it is up-to-date topic for its close relation to the development of new ways of creation, production and use of works, to the mass use of computer and communication networks and also to the on-line sharing of works through the internet. The purpose of my thesis is to provide explanation of the collective administration and focus on certain issues which are not yet solved by the legal regulation and are not consistently interpreted by legal experts. This thesis is composed of nine chapters, in which I address to the concept, function and history of the collective administration. Further, I describe the institute of the collective administration, i.e. prerequisites and method of grating license for its operation and supervision over its operation. I also mention which rights is the collective administrator entitled to administer and how...
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Trade mark law and the issues of parallel imports under Czech law
Pavlík, Ondřej ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of the thesis is to analyse the phenomenon of parallel imports, define the pros and cons of parallel trade for respective entities and also society as a whole as well as describe how the trademark law may influence parallel importation of trademarked goods. In addition, the thesis analyses individual means of legal protection against parallel imports identified as illegal. After the introduction summarizing why it is appropriate to deal with the parallel importation phenomenon, the second part of the thesis describes the basic concepts in the context of parallel import issues: trademarks, parallel imports and exhaustion of trademark rights. The second part also describes the positive and negative impacts of parallel trade and why the doctrine of exhaustion of trademark rights appears to be the most appropriate way how to solve the difficulties in the relationship between trademark owners and parallel importers. The third part of the thesis aims to provide a reader with the basic sources of law which affect the phenomenon of parallel importation from the trademark law's point of view. As it follows from the third part of the thesis and also the whole work, the key legal source for the European region, including the Czech Republic, is the law of the European Union together with the case...
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Collective administration of copyright and neighbouring and relating rights
Burda, Matěj ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (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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Painting art work as the subject of the legal negotiations
Cenkerová, Markéta ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
in English Painting as an Object of Jurudical Acts The work is focused on individual types of legal proceedings connected with the painter's artwork. First, it offers an excursion to the basics of copyright, its development and contemporary issues. The work provides classification of copyright in the system of intellectual property rights and briefly explains the differences between continental and Anglo-American concepts. The following chapters attempt to define the terms "author", "work" and "painting". Then, it deals in more detail with specific types of artworks, such as restoration, book illustrations, derived works, parody and cartoon and street-art. In the next chapter, the thesis explains the relationship between the author and the owner of the work and some copyright restrictions that this situation brings, in the subchapter the work analyzes the export of painting artworks abroad. In its main part, the work gradually focuses on the individual types of legal proceedings connected with the painting, their characteristics and their adaptation. In the sorting of different ways of using it proceeds according to the system of the law, the largest range is devoted to the sale and purchase of the painter's artwork. In the subchapters, the work deals with the issue of pricing of painting artworks,...
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Legal instruments of protection of copyright and the related rights
Tomková, Lenka ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
This doctoral thesis deals with a quite wide theme - legal means of copyright protection and related rights. The objective of this work is to present forms of violation of copyright and copyright related rights and particular possibilities of protection from such violations. Shortages in copyright are pointed out in the thesis together with proposalsof possible solutions. Attention is also paid to preliminary questionsasked within the frame of disputes of copyright and related rights. Its extensive part is dedicated to present practice of courts in the Czech Republic andwithin EU as well, when different resolutions in similar cases are pointed to.In the thesis there is also an analysis of violation of copyright and related rights, accordance of EU Law Court resolutions, and accordance of Czech expressions with general lawyers' standpoints. Final part of the thesis is used for comments to the last amendment of copyright andalso to EU Law harmonisation and efforts to reform EU Law and related questions. The thesis represents a general view of protection of copyright, legal meansserving to such protection and summary of the most important practice of courts within the given theme frame, though it is a very wide theme.
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Media Law in the field of broadcasting
Morgensteinová, Denisa ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
v angličtině Diploma thesis is focused on media law in the area of broadcasting. The sources for the diploma thesis were broadcasting legal frameworks of the Czech Republic and the European Union, available case-law and doctrinal findings. The goal of the diploma thesis is to systematically and analytically describe individual institutes of media law in broadcasting, which in sum compose the legal framework of broadcasting in the Czech Republic. Diploma thesis contains systematic definition of broadcasting mainly from the viewpoint of general media theory, furthermore overview of the legal framework of the broadcasting itself. In the diploma thesis is evaluated the legislation concerning traditional broadcasting media and broadcasting through the internet. Diploma thesis furthermore contains chapter dedicated to regulation of broadcasting and regulatory bodies operating in the Czech Republic. The diploma thesis is concluded with a chapter dedicated to further possible developments in media law in the area of broadcasting mainly due to the proposed changes of individual laws.
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