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Protection of Rights and Interests of Performing Artists
Číhalová, Monika ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this work was to provide complete overview of rights that the law confers on performers and to focus in more detail on the possibility of protection and defence of these rights. This goal is reflected in the whole concept of the work - the first chapters describe the performer's rights and the second part focuses on the protection of these rights whether by the performer him or herself or by the collective administrator. The opening chapter deals with explanation of the basic terms. First, it was necessary to clarify, who is a performer from the lay point of view but also under the Copyright Act definition. Then I define the subject of the performer's rights in general - the performance. Finally, the chapter covers also the joint representative of performers who often represents an artistic body externally. The second chapter is slightly more extensive. It deals with the historical development of copyright. Because the Czech copyright is significantly influenced by international and European law, the following two big sub-chapters focus on these two huge legal systems and mainly on agreements and regulations that have directly affected the performers' rights in our country. Very important for the whole work is the third chapter which contains moral and economic rights of performers. This...
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Collective administration of copyright and neighbouring and relating rights
Amler, Pavel ; Wünschová Pujmanová, Alexandra (advisor) ; Holcová, Irena (referee)
- Collective administration of copyright and neighbouring and relating rights Key words: collective administration; copyright This thesis is focused on collective management of copyright and related rights carried out in accordance with copyright law and EU law. The aim of the manuscript is to explain this topic and to provide a review of collective management and its modification in accordance to European law. The thesis is divided into eight chapters each containing a specific aspect of collective management of copyright and related laws. First chapter is dedicated to the basic definition and concept of collective management and the anchoring and adjustment in the Czech legal order. Moreover, there are discussed the purpose and effectiveness of the institute of collective management, the conditions imposed on the collective administrator and how collective administrator authorization is declare and finally, progress and possibilities of supervision over collective management. Second chapter is focused on the activities of collective administrator. The most important work obligations of collective administrator are analyzed e.g. blanket and collective licenses and also the management of revenues from collective management. Third chapter deals with the object of collective management and...
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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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Liability of the particular participants of Internet plant and P2P file sharing networks
Steinhauser, Antonín ; Žikovská, Petra (referee) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences within all legal aspects of internet plant. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. Also deals with inevitably international nature of internet plant and connected questions of jurisdiction and applicable law. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with sharing P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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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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Licence agreements in theatre environment
Hodonický, Václav ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
1 Abstract The purpose of this thesis is to deal with the institute of copyright license agreements as it is applied in a specific background of theatre. Theatre is specific for its unlimited artistic diversity, which is not subject of such an interest from public or businesses as film or music is. This is the reason why there is not any special legal regulation in Czech Copyright law. The secondary goal of this thesis is to provide theatre employees responsible for drafting and entering into license agreement with theoretical knowledge of all relevant issues in this regard. Besides the prologue and epilogue, the thesis is divided into seven chapters. First five chapters deal with copyright law and copyright licenses in general and the sixth and seventh apply the gained theoretical knowledge on practice of theatre production. The prologue views thesis' matter from theoretical point of view and outlines the problems that theatres have to deal with. The first chapter classifies general copyright law within the system of the Czech law. The aim of chapter two is to enumerate the sources of the Czech copyright law. It is subdivided into three subchapters dealing with the Czech legal system, International law and law of the European Union. In the third chapter, which consists of three subchapters, we can read...
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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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Collective administration of copyright and neighbouring and relating rights (Czech - French legal comparison)
Randárová, Jitka ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The purpose of the thesis is to analyse the collective administration of copyright and neighbouring and relating rights, as the very title suggests. Based on the yearlong Erasmus stay in Paris, I decided to compare the Czech legislation with the legal system of France. Following after the opening, the second chapter is meant to be informative and should provide an explanation of basic concepts which the reader encounters at work. Third chapter, by a relatively brief section, describes the legal anchoring of collective administration in both jurisdictions. The fourth chapter, which is structured thematically rather than chronologically, introduces readers to the historical development of the Institute of collective management. The concept of collective administrator and analysis of its origin and status of the legal system are to be found in the fifth chapter. Chapters six and seven have an identical theme - control. The main focus is on the different types of external and internal statutory control of collective administrators. First of all, it is an external control exercised by the Ministry of Culture. The same principle of control is also applied in the French legislation, but there is a possibility of a much wider control mechanisms. Chapter eight concentrates on the core object of collective...
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Liability of the particular participants od Internet plant
Steinhauser, Antonín ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences in legal protection of intelectual property on Internet. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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The Internet and copyrigh
Bernklauová, Lenka ; Holcová, Irena (advisor) ; Wünschová Pujmanová, Alexandra (referee)
Lenka Bernklauová Internet a autorské právo Diplomová práce, 2013 Abstract The work named Internet and Copyright focuses on issues of copyright law and its protection after genesis and huge expansion of the Internet network all over the world. The key computer network for this work is the Peer-to-Peer network that enables easy distribution of the information between individual users of the network. The original purpose of this network was to provide larger amount of users with information which had been inaccessible or hardly accessible, as time went on the Peer-to-Peer begun to be used for distribution of the works that had no approval for distribution or the license for distribution was not agreed upon. This work tries to capture this non-legal part of data distribution on the Peer-to-Peer networks and at same time tries to offer the tool for protection which could at least limit the infringements into the copyright law of individual authors and which would not restrict the right on free access to information. As the special type of the Computer networks existing on the Internet Social networks are described in this work, these networks have become more and more popular in the whole world. This work also analyses the most important legislation, national, European or international, that regulate the...
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