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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 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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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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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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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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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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