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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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Blockchain and copyright
Novotný, Martin ; Holcová, Irena (advisor) ; Žikovská, Petra (referee)
1 Blockchain and copyright Abstract The purpose of this Thesis is to familiarize the reader with the phenomenon of blockchain, both technically and legally, and then to describe the points of intersection of the sets of this phenomenon with copyright law, especially the copyright law of the Czech Republic. The first and second chapters of the Thesis focus on introducing the reader to the blockchain (especially in its technical aspect) and on defining important institutes of copyright law, both in general and regarding the Czech legislation. In the third chapter, the thesis focuses on the assessment of the applicability of certain copyright institutes to the blockchain, particularly its possible regulation as a quasi-work under Section 2(2) of the Copyright Act. The following chapter follows this intersection of blockchain and copyright law with a deeper analysis of NFTs, as this is the area of blockchain most often in contact with copyright law. Considerable attention is paid to assessing whether NFTs can be considered a copyright work. The fifth chapter of the Thesis is devoted to the emerging phenomenon of the metaverse, in particular the definition of its typology. Subsequently, certain points of contact between the metaverse, blockchain and copyright are set out, where this interpretation is followed by...
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NTF copyright protection issues
Nováková, Magdalena ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
NTF copyright protection issues Abstract This thesis examines the new emergent phenomenon of non-fungible tokens known as "NFT". NFT reflects the direction in which today's society is moving, that is toward digitalization. Although this phenomenon crosses multiple branches of law, this thesis examines its role in the context of copyright law, with some intersection into other branches which are directly related to it. In particular, the aim of the thesis was to examine the relationship between the NFT, its underlaying material and various aspects of intellectual property rights, in particular the copyright law sector. Whether the application of these legal rules is relevant and the consequences the phenomenon will bring in the future. Last but not least, this thesis seeks to explain the potential that is behind the universality of possible use of NFTs. The challenging aspect has been the under-explored field in which the NFT is found, which offers possibilities of free reflection and speculation. Because of the lack of legal regulation, one of the main methods used in this thesis has been the analogy of legal norms that can be reasonably applied. The process of comparison with other digital assets and their placement in the context of the law also helped in understanding the role and function of NFTs. In...
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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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Protection of Computer Games and Video Games
Brádlerová, Andrea ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Protection of computer games and video games Abstract This thesis focuses on the phenomenon of video and computer games and their protection under intellectual property law, especially copyright law. It aims to provide a comprehensive assessment of the position of video games in Czech copyright law and an overview of possible protection regimes, while also reflecting on the current practice of the video game industry. The interpretation of the issue is introduced by the concept of video games as an interdisciplinary subject of research. The history of development of video games and their technical nature are also adequately addressed. The beginning of the discussion on the legal nature of video games is defined by a review of relevant legislation in the international and national context, where the role of harmonisation through European directives is particularly emphasised. The thesis then discusses the basic copyright concepts of national legislation and moves on to outline the breadth of possibilities for the concept of the video game in current copyright law, presenting arguments and considerations relevant to specific classifications of the video game as an object of its protection, supported by contributions from scholarly discourse. Attention is paid to the debate on the concept of the video game as...
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Copyright and the Internet (liabilities, copyright law enforcement)
Štefek, Jakub ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Copyright and the Internet (liabilities, copyright law enforcement) Abstract The topic of this thesis is the legal status of copyright work on the Internet with a focus on liability relations that exist between authors and those, who unlawfully interfere with their rights by using the author's work on the Internet without authorization or allowing their unauthorized use by third parties. The main purpose of this thesis is to create a practical guide to the issue of copyright infringement on the Internet. It is also the ambition of this work to summarize the key jurisprudence and interpret its conclusions in a comprehensible manner. The thesis is divided into five chapters. The opening chapter describes the basic characteristics of copyright, defines the term of a copyright work, and specifies different ways of using the work. The second chapter is devoted to the basics of tort law and its integration into copyright law. Since the work is mainly focused on the issue of civil liability of entities that interfere unjustly with the rights of authors, in this chapter the reader is primarily introduced to the claims that the author can use for their defence in such situations. However, in the second chapter, the thesis also describes liability under criminal law and administrative law. The third chapter first...
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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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Blockchain and Copyright
Kociánová, Vanda ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
1 Blockchain and copyright Abstract The aim and objective of this Thesis is to introduce the phenomenon of blockchain technology and some of its applications in the field of copyright. The thesis focuses primarily on the areas of databases, NFT and Smart Contracts, and their application in the existing, particularly Czech law. In its first chapter the author defines the blockchain technology, describing the basic terminology, such as node, block, hash, transaction, peer-to-peer network, proof of work. The chapter then explains how blockchain works, describing its key characteristics. The author dwells on three types of blockchain and finally discusses the issue of ethics and privacy protection. The next chapter on copyright summarizes basics of this area of law which has been experiencing fast development of new technologies. A sub-chapter on author's property rights, whereby special attention is paid to the issue of digital reproductions, constitutes an important part the the Thesis. Central chapters deal with Smart Contracts, blockchain, collective rights management and NFT (Non-fungible Tokens). Smart Contracts have the potential to simplify the process of contracts conclusion and to make it more user-friendly. The same applies in the field of copyright, for instance in the form of automatic deduction of...
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Legal Protection of a Computer Program
Korčák, Václav ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Computer programs make up a large part of assets of modern companies. Therefore, legal protection of computer programs is of great importance for supporting the creation and development of start-ups and technology companies in the Czech Republic. The legislator must take into account the special nature of computer programs and balance the interests of all actors. The aim of this thesis is to analyse the current state of legal regulations of computer programs in the Czech Republic, in particular copyright and patent protection. Furthermore, the thesis describes other valid methods of legal protection of computer programs (unfair competition, administrative law, criminal law) and influential alternative forms of protection that have emerged as a solution to the problem of the special nature of computer programs (WIPO sui generis protection, model software petite patent, Manifesto model, utility model). At the end of the analytical part, the thesis points out the types of computer programs that differ in some essential features (artificial intelligence, computer game, website). The synthetic part compares and comments on the various forms of legal protection of computer programs in force and alternative forms in terms of applicability under the Czech legal system, duration of protection, subject...
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Fanworks and Copyright
Macáková, Michaela ; Petrlík, David (advisor) ; Dobřichovský, Tomáš (referee)
Fanworks and Copyright Abstract Fan works are works of authorship created by fans of a preexistent work from which they adopt characters, plots and worlds, and are distributed especially via the Internet. However, by doing so, the fan-author may infringe upon the copyright of the author of the preexistent work. The thesis Fanworks and Copyright introduces fanworks from a copyright perspective and starts a discussion whether current copyright statues are still appropriate in the era of massive growth of the Internet and online creative fan communities. Although it is not possible to state in general that fanworks infringe upon copyright, as there are multiple factors to take into account (what elements the author-fan adopts from the preexistent work, whether the author of the preexistent work has given consent for such use, whether the term of protection of the preexistent work has expired and whether there is a statutory exception), it can be stated that a large number of fanworks use copyrighted elements from preexistent works without the authors' consent, and since there is no exception in the Czech (and European) legislation that can be applied to fanworks, copyright is often being infringed upon. The complexity of the legislation and the legal uncertainty associated with its inconsistent application may...
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