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Copyright law and advertising
Boštičková, Aurora ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Copyright law and Advertising This thesis deals with copyright law, a branch of law belonging to the field of intellectual property law, as well to intangible goods, and as a second topic it deals with advertising. The aim of the thesis is to introduce the reader firstly copyright law, advertising and then to unite these two main topics and last but not least to deal with prohibited advertising. The core of the thesis is to connect copyright law and advertising, specifically the subject of copyright, which is the copyright work, and advertising, and to highlight the use of specific copyrighted works in advertising. The thesis is divided into an Introduction, a General Part consisting of 8 chapters, a Special Part dealing in two chapters with decisions of Czech courts and a Conclusion. The first chapter deals with the concept and classification of copyright law, its origin, content and object. The second chapter provides an overview of international, EU and Czech sources of legislation. The third chapter deals with the concept of advertising, its types and legal regulation of advertising. This chapter is logically followed in Chapter Four by advertising entities, which are defined by the Advertising Regulation Act, and Chapter Five, which follows it, and deals with supervisory authorities defined by...
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Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
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Conceptual characteristics of a copyright work in the light of case law
Filipová, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Conceptual characteristics of a copyrighted work in the light of case law The diploma thesis deals with the analysis of the conceptual characteristics of a copyrighted work enshrined in Article 2 Section 1 of the Copyright Act (the so-called general clause) and it deals with the analysis of other associated provisions necessary for the correct identification of a copyrighted work. The general clause represents a key provision of copyright law and forms an imaginary gateway to the regime (rights and obligations) of the Copyright Act. The goal was to analyze individual conceptual characteristics and evaluate them in terms of abstractness and clarity. Given that the conceptual characteristics are vaguely defined in the law, they were described using the judicial interpretation of Czech courts and the Court of Justice of the European Union, as well as doctrinal interpretation. The acquired knowledge was applied to specific cases, problematic aspects of conceptual characteristics that occur in practice and that could be improved de lege ferenda were also determined. The analysis of conceptual characteristics in the light of case law (jurisprudence) shows that the courts and doctrine interpret the conceptual characteristics relatively consistently, however, the main inconsistency can be found in the...
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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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The relationship between trade mark protection and copyright protection under Czech law
Jurášová, Monika ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
Resume A relationship between trademark protection and copyright protection under the czech law Both trademarks and copyrights are imovable articles and are parts of intellectual property. A Trademark is stated in the Trademark Code n. 441/2003 as a mark which is used to identify products or services produced by one person (an individual or a legal entity) and distinguish them from products and services produced by another one so that consumers are able to recognize the origin of the products or services. According to the law the mark is a name, word, phrase, logo, symbol, color, design, image, or a combination of these elements, it must be created in graphic form perceptible objectively. The mark must be distinctive, original and it must have a relationship with a product or service. A mark complying with all the above mentioned conditions can be registered at the particular Trademark office and subsequently obtain a trademark certification and protection. A Copyright is protected under the Copyright Law n. 121/2000 as a creative and artistic work created by author's intellectual activity and expressed in a form objectively perceptible. The author has exclusive rights to his work. The rights are divided into exclusive personal and exclusive economy rights. In particular he has a right to be presented as...
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A comparison of copyright protection of author and performing artist
Pivoda, Radomír ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
Radomír Pivoda Srovnání autorskoprávní ochrany autora a výkonného umělce A comparison of copyright protection of authors and performing artists The main goal of this thesis is to compare the key aspects of the copyright protection of authors and performing artists in the Czech Republic. The basic differences are explained with respect to its historical evolution, which is put into context with the current social situation in the field of art. The paper is divided into six chapters. The first chapter gives an explanation of the basic terminology used in the area of copyright law and sets the frame for the comparison of authors and authorship and performing artists and their artistic performances. In the Czech Republic, authorship is based on the expression of a piece of art in any way perceivable by human senses. There is no registration principle in effect. This fact provides the starting point for the protection of authors' rights. Therefore it is important to precisely define what can be considered a piece of art and who can be recognised as an author or a performing artist. The second chapter deals with the legal treatment of authors according to the Czech Copyright Act and other legal regulations, including the recent case law and description of the most often infringements of the copyright...
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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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Filmmaker's incomes and the forms of film financing under the Income Tax Act
Valeková, Anna ; Marková, Hana (advisor) ; Boháč, Radim (referee)
The reason why I chose this subject matter is my interest in a possible interconnection between two fields of law, apparently far from each other-financial and copyright law. As a link between the copyright and financial law I chose the filmmakers' incomes di-rect taxation of 1) their own final incomes prepared to be freely spent and 2) their in-comes gained to be used for the financing of the creation and exploatation of the film. The above mentioned groups of incomes affect each other, since if the filmmakers want to earn their own, final incomes, first they have to gain finances (taxable incomes) ne-deed to finance the film. I focused on the filmmakers' incomes resulting from the exer-cise of their copyrights. I also analyzed taxation of filmmakers' incomes other than tho-se arising from the exercise of the copyright but yet somehow connected to the film. At the beginning of the thesis (namely in the second chapter) I selected a few types of persons that are involved in the film creation and exploatation and I named them "filmmakers. Eventually I analyzed their incomes from the Income Tax Act point of view. The third chapter deals with an application of the Income Tax Act in the case when the filmmakers gain finance to fund the film. When appropriate I dealt with the application of the Income Tax Act...
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Copyright legislation of the Czech republic
Rakušanová, Sophia ; Benda, Josef (advisor) ; Bednařík, Petr (referee)
In this digital age we meet copyrighted contents on a daily basis and we often work with them and use them for different purposes. Lack of knowledge about the copyright legislation may often lead to complications, sanctions and sometimes may end up at court. The aim of this thesis is to describe the legislation of copyright in the Czech Republic. Main parts of this thesis are supposed to describe the development of copyright legislation (mainly twentieth century), including international treaties, which have influenced the copyright legislation and also to describe the current copyright legislation in the Czech Republic. Particularly with focus on author's work, author, copyright, exceptions and limitations to copyright, rights related to copyright and collective management of rights. For the purpose of both aims I have just described I have used the official legislation and appropriate publications about the topic. Another aim of this thesis is to mention the problematics of copyright regulation of copyrighted contents shared through the Internet, where I have used works of recognized professors, who had been focusing on this topic for years. Thesis also mentions Creative Commons licenses and an oppinion of a possible change of the apporach of media to the strongly promoted copyright regulation...
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Limits of copyright in visual art
Sýkora, Matěj ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Résumé: Limits of work of copyright in visual art This diploma thesis primarily deals with the concept of copyright work in the current Czech law and its relation towards works of contemporary visual art. The main aim of this thesis is to carry out a complex analysis of conceptual features of work of copyright under the Czech Copyright Act No. 121/2000 Coll. (including key and not always properly interpreted terms such as work of art, originality, or creativity) and then to apply these features to examples of the world's major works of visual art from the twentieth and twenty-first century. Author of this thesis tries to find out whether even specific works of visual art "meet legal requirements" imposed on works of copyright and thus may enjoy the copyright protection in the Czech legal system. It is the effort to identify boundaries between works of copyright and objects which are not under the protection of copyright law what is reflected in the title of this diploma thesis. Text of this thesis is divided into two main units. The first unit, which is the core of the thesis, is called "Limits of work of copyright", the second unit is called "Limits of appropriation". In the general part of the first unit the author tries to focus deeply on theoretical inquiry about the concept of work of copyright under...
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