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Copyright protection in music industry
Cittová, Gabriela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
In this work, the copyright protection in the music industry is discussed. I am focusing in particular on the description of copyright, rights related to copyright, collective management and protection of these rights. In the beginning, I mention the national, international and European sources of copyright and I am explaining the concepts of copyright, copyright work (including musical and processed work of art), and authoring. Furthermore, I explore the copyright law in terms of its origin, content and restrictions. Copyright is based on the quasidual concept, which simply means that we distinguish the moral rights from the property rights. In this work, I explain the content of all of these individual rights. I also address the licensing contract, by which the author authorizes another person to administer the rights to use his piece. I am focusing on cases of the so-called non-contractual use of production, which means that the user may use the work without the consent of the author and free of charge. Furthermore, I define the idea and the content of performer's rights to his artistic output, the manufacturer of the sound and image recording rights to his sound recordings and radio and television broadcaster's rights to his broadcast. At the end of this work, I am focusing on the activities of...
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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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Collective management of musical works in Czech Republic
Matějičný, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of this thesis is Collective management of musical works in Czech Republic. Copyright law is specific area of Intellectual property law that protects copyright works. Intangible character of copyright law is the reason of lower level of possible protection by the right holders themselves. This is the reason why copyright holders unite in associations so called Collective management associations (CMA). CMA can ensure better protection than right holders themselves and push ahead their interests. CMA acts in their names but on the account of the right holders. CMA mainly protects two types of rights- mechanical rights (reproduction, renting etc.) and performing rights (concerts, background music etc.). Because of worldwide boom of internet piracy, income from mechanical rights in the beginning of 21st century drastically declined. In accordance with this trend declines the importance of mechanical rights in their original form. That's why this thesis is concern mainly on performing rights that are connected on communication to the public. The importance of mechanical rights is carrying on the internet and also on private copying levies which are also mentioned in special chapters. Performing rights are divided according to the type of usage into five categories of rights: live performing...
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Collective management in the context of modern technologies
Smolka, Lucie ; Dobřichovský, Tomáš (referee)
COLLECTIVE MANAGEMENT IN THE CONTEXT OF MODERN TECHNOLOGIES MGR. BC. LUCIE SMOLKA, PH.D. The thesis focuses on transformation of the role of collective management in the online world. The main goal and the research question that this work sets is to analyse and provide an answer to the question how the collective management and its position changes depending on modern technologies (especially the Internet). Within this main research question, two tendencies are observed, two main areas influenced by the general characteristics of copyright, reflected in the functioning of collective management in the environment of modern technologies. An aspect that permeates the work is the view of copyright territoriality and its influence and its changes regarding the collective management. The goal is to find out how the application and perception of the principles of territoriality is changing in a context of ever-increasing intersection of copyright and modern technologies. In addition to the general features of collective management, in connection with the territoriality, we will concentrate on multi-territorial licensing instruments, which were introduced, despite the previous efforts, only through the Collective Management Directive. The second examined feature and an important principle is the autonomy...
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Collective management and use of copyright on the Internet
Sliwka, Rostislav ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Collective management and use of copyright on the Internet Abstract This thesis is dealing with two main areas. The first on is a concept of collective management, particularly the collective management of rights in musical works. At the beginning it is described as a general concept. More detailed aspects such as the inner organization of a collective society, its relations with another persons and entities and the exercise of collective management through setting tariffs, licensing and distribution of remuneration are explained thoroughly on the example of OSA. The difficulties for OSA in the field of extended collective licensing in connection with the royalty-free music are pointed out while describing the regimes of collective management. The second area is the use of musical works on the Internet with regards to collective management. At first, the terms Internet and Internet Service Providers (ISPs) are described. Closely analysed is a liability of these providers for the content online and limitation of this liability with so-called safe harbours. It is argued that these harbours need to be revised as it is shown on the example of YouTube. Focus then turns on the possible ways of using musical works online - downloading, streaming, linking, webcasting and simulcasting. The greatest attention is paid...
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An Author's Right in the Information Society and Across the Internal European Union Market
Mikita, Peter ; Kříž, Jan (advisor) ; Srstka, Jiří (referee) ; Hendrychová, Michaela (referee)
Copyright law is a special category of civil law which, with the upswing of the Internet, has become important for different types of stakeholders in the global information society. The 'participative web' operates with content generated by users. This user-generated content has often disputable origins in terms of copyright clearance. The Internet has opened the possibility for developing new forms of communication between anonymous or individual users who are not easily identifiable. Especially peer-to-peer file sharing and recently the information services offered and operated by the so-called 'cyberlockers' are the reason of questioning the role of copyright protection online which needs a beneficial solution. Copyright infringement in the era of information society is a complex phenomenon with a multiplicity of contributing factors like the importance of information data with big business potential, personal attitudes shown by internet users towards the value and scarcity of intellectual property, or legal responsibility of internet service providers (ISP) who paradoxically act from the safety of the so-called safe harbours as intermediaries of information exchange, representing a new element in the communication chain between rights holders and users. Commercial and business models operating...
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Changes in the area of extended collective management in relation to memory institutions
Straková, Lucie
The submitted contribution will focus on the changes brought by the amendment to the Copyright Act (Act No. 102/2017 Coll.) and the relation between extended collective management and memory institutions. In particular, the focus will be given to conservation and teaching purposes and the associated extended collective management. The paper shall analyze the adopted regulation, compare it with the previous state, analyzes its effects and infl uences especially on the GLAM area. Attention will also be paid to the forthcoming changes at the level of the European Union, in particular to the proposal for a Directive on copyright in the digital single market.
Fulltext: Fulltext_Strakova_EN -  PDF
Slides: prezentace_Strakova_CZ - PDF
Video: NUSL2017-Strakova -  MP4
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Collective administration of copyright and neighbouring and relating rights
Baloghová, Alžběta ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The subject of the submitted master thesis is Collective management of copyright and related rights. The purpose of this thesis is to describe the system of collective management and its legal framework in the Czech Republic and to point out the current changes and news in the European and Czech legislation. Furthermore it gives an insight into the regulation of collective management in Switzerland and enables comparison with the Czech regulation. Except for the introduction and the conclusion the work is divided into four chapters that represent four thematic sections. The first chapter is an introduction to copyright law. Firstly it presents historical development of copyright law in the world and on the territory of the present Czech Republic. This chapter contains also definitions of the basic terms that are used in the thesis, such as the author, the moral and economic rights of author, the work or related rights. The second chapter is dedicated to the regulation of collective management that is currently legally binding in the Czech Republic and its judicial and academic interpretation. It deals with the basic principles, terms and institutes of collective management. Also the individual Czech collective management organisations are mentioned there. The third part of the thesis is split into...
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Czech collective management in the context of new European legislation
Ullmannová Wünschová, Berenika ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
This doctoral thesis is devoted to collective management, especially with regard to the adoption of Directive2014/26/EU. It outlines the regulation of Czech collective management, and highlights the particular institutions whose regulation is in terms ofthe new directive sufficient. Within the section, which deals with the content of the new directive, are highlighted in particular the areas that are in the CzechCopyright Act inadequately regulated or not regulated at all. Particular emphasis is placed on the granting of multi-territorial licensing of rights to musical works online.
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