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Agreements and contracts within copyright law
Skoupá, Linda ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...
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Agreements and contracts within copyright law
Vlasák, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...
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Agreements and contracts within copyright law
Valeková, Darina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Author's Contract Law The aim of the thesis is to analyze legal regulation of license agreements within the legal branch of "droit d"auteur", or "author"s right". The main object of interest is typified license agreement, which serves as a standard contractual type to exercise authors" economic rights to their works. Recently issued Czech Civil Code shall become applicable on January 1, 2014. Unlike the currently applicable Civil Code, which leaves the regulation of license agreements to special acts, the new code includes provisions which regulate license agreements for the whole area of intellectual property, i.e. author"s right, as well as industrial property. This regulation is in line with a tendency to unite provisions that deal with license agreements, since a unification process concerning contract licenses within author"s right, has already happened with the enactment of the current authors" code in the year 2000. A comparative review of the current "droit d'auteur' and future civil regulations of author"s type license agreement takes a significant part of the thesis. Chapter 1 lists general principles and respective sources of law for further analysis. Chapter 2 deals with traditional civil and common law approaches to author"s right and copyright respectively and approaches existing...
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Agreements and contracts within copyright law
Veselý, David ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Contractual copyright law A theme of the diploma thesis is the contractual copyright law. The main purpose of this thesis is to provide an overview of the contractual copyright law, mainly focused on the copyright license agreement. The thesis consists of seven chapters. The first chapter describes sources of the contractual copyright law. It consists of four parts which introduce elemental international sources, European Union law, constitutional regulations and primary and secondary legislation. The second chapter explains basic terms of the copyright law, which are necessary for better comprehension of the contractual copyright law. The third and the fourth chapter are crucial parts of the thesis. The third chapter generally explains licenses and its division to contractual, legal and compulsory licenses. This part is also an introduction for the fourth chapter which is a core of the thesis and deals with the copyright license agreement. In the fourth chapter, license agreement is described from its conclusion to termination (e.g. withdrawal of the agreement or unilateral termination of the agreement). Besides conclusion and termination, this chapter describes parts, purpose, subject and content of the contract. The fourth chapter also analyses obligatory and facultative terms of the license...
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Agreements and contracts within copyright law
Bartošová, Kateřina ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Contractual copyright law The theme of this dissertation is the contractual copyright law. Its main purpose is to describe the most important contractual types in the area of copyright law and the most important changes that Act No. 89/2012 Coll., Civil Code, brought in relation to contractual copyright law as well. The thesis consists of nine chapters. The first chapter contains a brief overview of the most important sources of the contractual copyright law. The second chapter is focused on the copyright law and its specifics and also defines other concepts from the area of intellectual property. The third chapter deals with the impact of recodification of private law on the contractual copyright law. It is about the concrete changes, which influence the contractual copyright law significantly, both directly and indirectly. Besides other things, there are described the changes concerning licence agreement, contract for work, a new conception of a thing and adjustment of principles of the contractual law. The fourth chapter concentrates on the specifics of the transfer of author's right, or the legal prohibition of its transfer respectively. The fifth and the sixth chapter are about the legal regulation of licence agreement. The fifth chapter describes the term of licence in general and some its...
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Selected copyright and other aspects in a theatre field
Horáková, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The purpose of this thesis is to deal with copyright law institutes which are applied in a theatre field. It is important to bear in mind that there is not special legal regulation of copyright law when it comes to the theatre field. The reason is most likely because of diversity within art, which is not easy to be covered by legal regulations. Also there is not enough space for theatre field as it is necessary in Czech copyright law. Another goal of this thesis is to provide audience from theatre field with information included in this work. That fact was also taken into account. Besides introduction and conclusion the thesis is devided into ten chapters. Firstly there is a list of theoretical terms which are essential for understanding the thesis and later there is analysis of specific institutes. Introducing chapter number two defines list of theoretical terms from both theatre and copyright law field. Only a few of them are explained for easier understanding of following chapters. Third chapter deals with license agreements, as it is essential term in copyright law field. Fourth chapter introduces contracts of work and consists of two subchapters. First subchapter provides information about contracts of work with intangible result which is base for second subchapter contract of ordered work. It...
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License Agreements concerning trademarks
Dráb, Ladislav ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee)
The thesis deals with license agreements in relation to trademarks, specially the trademark license agreement. The thesis contains in its theoretical interpretation of the concept and sources of the license agreement. There are also analyzed various types of license agreements, including modifying the license agreement in the new Civil Code, and related types of contracts as a franchising or merchandising. Another interpretation is more concerned with trademark and trademark license agreement with regards to contentious issues. The part of the thesis are some of the issues of competition law and criminal law in connection with trademarks.
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Agreements and contracts within copyright law
Vlasák, Tomáš ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...
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Software Licensing
Nygrýnová, Dominika ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Summary: Software Licensing The thesis deals with different practical aspects of commercial software licensing from the perspective of the Czech legal system. The focus is put on software license agreement as the most important legal instrument granting rights of use for computer programs. The thesis opens with a summary of Czech legislation in force in this area in the context of European community law and international law. The legislation in effect is largely governed by the Copyright Act. Coming into effect from 1st January 2014, the software licensing agreement legislation moves into the New Civil Code. The thesis deals with the changes arising from this transition. The fifth chapter considers the regulation of pre-contractual liability in the New Civil Code as it is especially important in protecting confidential infor- mation in pre-contract negotiation. In summarising the issue of software licensing, the thesis builds on the elements of legal relationship. It examines the roles of licensee and licensor, the two parties of software license. The text also deals with cases where a licensor of creative work is a different from the creator of the work. The role of licensor can be assumed by a legal successor or by a party authorized to exercise property rights to work made for hire. The next part explores...
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Work of art in copyright law
Pokorná, Tereza ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The goal of this thesis was to show the basic issues of copyright in the area of works of art with pointing out a special treatment, which is paid to these works on the basis of specific characteristics resulting from the nature of a work of art. The main specifics are immediate connection of works with its material expression. The introduction of thesis outlines the concept of copyright and its sources. It deals with main principles of copyright and an author as a person.This chapter also includes a part devoted to the subject of copyright, which is author's work, and a part devoted to characteristic features of a work of art. The following chapter is devoted to the rights of the author, which arise by creating of a work of art and subsequently during the use of the work. It contains a division of rights to the personality and property ones in which it devotes to the right to use the work of art and mainly to the right to remuneration during resale of it. The Copyright Act provides to use a work of art without authorization granted by an author and these issues are dealt with mainly in the chapter of constructive use of the works of art. The License Agreement providing the right to use a work is the basic institute in law enforcement. A properly drafted licence contract prevents possible disputes...
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