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Copyright exceptions and limitations with regard to the online environment
Wittlich, Herbert ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
1 Abstract: Copyright exceptions and limitations with regard to the online environment This thesis focuses on the concerns of copyright law exceptions and limitations, with a focus on how they apply in the digital world, especially on the internet. Key elements of copyright law, such as exceptions and limitations, have come under increased examination, particularly in light of current technical developments and the digital revolution. The directive on copyright in the Digital Single Market (DSM Directive), which will be incorporated into Czech law in 2023, is a recent development that is examined in the thesis' analysis of European copyright law. The thesis compares diverse techniques, including those from Anglo-American and European legal traditions, to define and explain exceptions and limitations. The author also looks into how these techniques may be combined, especially how open clauses might be added to the European list of exclusions and limitations. The "three-step test" is looked at in another section of the thesis as a legislative ceiling for the addition of additional exceptions and restrictions. Both at the legislative level and in the implementation of copyright law, this institute is significant. The crux of the thesis is an analysis of the exception for temporary technological reproductions...
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Inspiration and issues regarding creative continuity from a copyright law perspective
Taimr, Martin ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Inspiration and issues regarding creative continuity from a copyright law perspective Abstract An omnipresent element in the emergence of copyright-protected works is the inspiration by the creative work of previous authors and creative continuity with its results. Yet in which manner does copyright law deal with situations when the personal imprint of the author in the form of a work is not exclusively the imprint of the sole author? Problematic in fulfilling the goal of fostering creativity remains establishing the regulatory balance between protecting existing works and protecting the possibility of freely creating new works. The topic of this paper is an analysis of non-contractual flexibility which copyright law offers to authors building upon previous works, including an evaluation of the current regulation. At first, the terms inspiration and creative continuity are placed in a copyright law context and the areas which are key to enabling non-contractual flexibility are identified. The thesis is divided into two pivotal parts, which contain ten analytical sections. The first part deals with an analysis of the definition components of a copyright protected work, which represent the general limits of copyright protection. The aim of this part is to outline the differentiation between copyright...
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Non-contractual legal institutions of the use of copyrighted work
Žilinčíková, Zuzana ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
- English The topic of my thesis is limitations and exceptions to copyright. It describes the ways of use of copyright without author's consent. Specifically, I talk about the free work, free use and statutory licences. The provisions must always be interpreted in accordance with the three-step test described in a separate chapter. I focus especially on issue of orphan works. Of course, I also deal with an issue of copyright in general and its sources.
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Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...
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Non-contractual legal institutions of the use of copyrighted work
Žilinčíková, Zuzana ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
- English The topic of my thesis is limitations and exceptions to copyright. It describes the ways of use of copyright without author's consent. Specifically, I talk about the free work, free use and statutory licences. The provisions must always be interpreted in accordance with the three-step test described in a separate chapter. I focus especially on issue of orphan works. Of course, I also deal with an issue of copyright in general and its sources.
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