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The Internet and copyright-the scope of liability of individual parties involved and modes of protection against piracy
Mačenbacher, David ; Císařová, Zuzana (advisor) ; Holcová, Irena (referee)
Resumé The Internet and copyright - the scope of liability of individual parties and modes of protection against piracy. The main purpose of my graduation thesis is to analyze and evaluate the current situation in copyright law, with an emphasis on the general liability of the Internet Service Providers and other respective subjects in the information society. An inseparable part of this thesis is an overview of international treaties, European law and national law. The final part highlights new trends in copyright piracy with the provisions for combating these. From my perspective there are two reasons why this topic attracted my attention. Firstly, I could hardly hide my personal interest as a person who is a computer specialist by profession. Secondly, copyright law is a subject of perpetual and significant change, inspiring new ideas and new approaches. The work is divided into five chapters, which are divided into various subchapters. An introduction to the topic is broadly provided in the first and second chapter which describes this new medium of the Internet from several angles. These points of view often go far beyond copyright law, describing the axioms of constitutional law and the principles of humanism and human rights. These principles are threatened considerably in the globalised society with...
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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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Harry Potter in Czech : Official and Fan Versions
Ešnerová, Kateřina ; Jettmarová, Zuzana (advisor) ; Švelch, Jaroslav (referee)
The thesis looks at fan translation of fiction, a phenomenon that, unlike fan translation of anime and videogames, has been mostly overlooked by translation studies until recently. More specifically, we examine fan translations of Harry Potter books. The thesis aims to address a wide range of aspects pertaining to fan translation of fiction. In the opening chapters, it gives a brief overview of the history of fan translation in general and of research papers dedicated to the subject. Based on comparison with fan translations of anime and videogames, the thesis defines functions of fan translations of fiction in relation to official translations. The phenomenon of fan translation of fiction is then set in a wider context, one chapter detailing its relation to fan communities and one addressing the question of copyright. The nature of fan translations of fiction is further explored through comparison with official translations, which in this particular case focuses on Czech translations of Harry Potter books. First, we compare the translation process in case of both official and fan translations and then chosen extracts from the last book, Harry Potter and the Deathly Hallows. We also focus on differences between the collective fan translation and the fan translation done by an individual. We draw...
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Infringement of intellectual property in the environment of computer networks
Jeřábek, Tomáš ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Title: Intellectual Property Rights Infringements in Computer Networks Environment The focal point of the presented thesis is a description of relevant legislation and case law and an analysis of various kinds of liability. The legislation has been described starting on the level of international treaties, including the TRIPS Agreement and the WIPO Internet Treaties, through European directives and finally closing with the Czech national law, the Copyright Act in particular and other selected norms of both civil and criminal law. The thesis deals with foreign regulations in France and the United States known for their consistency in copyright protection. The Czech Supreme Public Prosecutor Office guidance note has been discussed shortly followed by an analysis of civil, administrative and criminal liability. Case law spans the decisions from the Czech Constitutional Court, Supreme Court and Supreme Administrative Court, then the European Court of Justice judgement in the Scarlett case and a several foreign decisions, especially Dutch judgements in matters of the professional association BREIN and the American Betamax case.
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Approriatioon and recycling of media images
Černá, Iveta ; Láb, Filip (advisor) ; Slanec, Jaroslav (referee)
The bachelor thesis Appropriation and Recycling of Media Images focuses on how media images get outside their original context and how this changes their function and meaning. The work contains of three parts. The first part acquaints the reader with the method of appropriation and recycling, with its beginnings and its specificity. The second part investigates what icons are and how art uses them. We need to introduce basic semiotic terms in order to be able to explain how the meaning changes and how media icons work. In the third part, I focus on particular cases of appropriation and recycling, which are divided into separate subthemes according to their character, i. e. painting, political iconography, models and self-projection into iconic photographs. The fourth part occupies with the relationship between appropriation and copyright. It embraces subchapters on Czech copyright, Creative Commons licences, theories about free culture and particular cases of apropriation and recycling from the point of view of copyright infringement.
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Legal protection of logo in a view of Copyright Act and Trade Mark Act
Krbová, Lucie ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
In this thesis I explain the problematic situation presented by the legal protection of logos in the Czech Republic. I chose this topic because logos are a daily part of everyones' lives helping us make important every day decisions. Yet logo is not a legal term and sometimes it can be difficult to define what logo actually is. This doesn't mean to say that logos do not have legal protection. It always depends on the definition of logo. Usually a logo enjoys the same rights as the brand it represents giving it equal protecton under the law. In many cases logos are a registered trademark giving it full protection under the trademark act. Even unregistered logos enjoy some of the same protections afforded to registered logos and it may be additionally protected by unfair competition laws. Often logos are the work of a single artist and therefore covered by the copyright act. In the opening of the thesis I wrote about the legal protection of logos in view of the copyright act and explained the requirements a logo must meet to qualify for protection under this act. Thustly explaining the rights possessed by the author of the logo, the process of transfering those rights to another person, and finally what measures the author can take to defend his rights. Next, I desribed logo in the terms of a...
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License Agreement in Copyright Law
Kadlečková, Hana ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
License Agreement in copyright - abstract Copyright according to Czech laws is based on dualistic conception that means we distinguish moral rights from property rights of authorship. In the Czech Republic only the property rights are transferable and can be a subject of license agreement. The thesis is dedicated to description of license agreement according to current legislation with regards to modern trends related to internet network. First chapter describes briefly current legislation related to copyright and license agreements concerning domestic laws, international treaties and rules of European law. Second chapter is focused on division of licenses in general and afterwards deals with attributes of the license agreement. The short notice is made about protection of the author as a weaker contracting party. The most important part of the thesis is contained in the third chapter of the thesis. It explains requirements of the license agreement demanded by Act. No. 121/2000 Sb., the copyright act, and focus on the other arrangements which may the license agreement contain, i.e. security, option right. Last but not least the space is dedicated to reward for author and to description of public offer of the license agreement and its unaddressed acceptation. Chapters 4 and 5 focus briefly on publishers...
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The recent development of collective administration of rights
Pařík, Jiří ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The purpose of my thesis is to analyse the recent development of collective administration of rights (CRM). I have chosen this topic because of its actual impact and current changes on the field of CRM. The growing importance of the Internet and of digitisation technologies is opening up new possibilities for distributing creative content online. This is not in harmony with territorial principles of administration of right in Europe. So, there are challenges which can change the way how CRM cooperate and compete. First chapter briefly describes collective administration of rights in Czech Republic. Second chapter is focused on public licences concretely Creative commons. Their impact on CRM is unexceptionable and the national legislature has to react on this new phenomenon of licensing of copyright works. The goal of this chapter is to introduce that public licence, describe their compatibility with Czech law system and draw attention to problematic paragraphs which blocks simple and lawful way how to use them. Digitalization project such as Europeana open up the orphan works problem which is due by the fact that new digital media provide unprecedented opportunities for reutilizing 'old' existing content. There is a huge problem of right clearance of copyright and related rights which can influence...
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Copyright protection of software
Beluský, Michal ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Diploma Thesis Abstract The aim of this thesis is to summarize the relevant means of protection of a computer program. My intention was to think and consequently write about the past and present of legal protection of computer programs of all sorts, aiming especially on czech status quo of this protection. The main source of rules was and still is the czech Author Act, but I've also tried to analyze other, mainly european, laws. Together with history of a computer program my goal was to put before-mentioned into a broader context. At the beginning of the thesis, after the explanatory and historical part, in the chapter about the subject matter of author law, the computer program, I'm trying to delimitate the differences between source and object code. In the process of writing this thesis, I've tried to summarize the relevant means of use, especially the action of installing a program, legal means and connotations of this process. Also I wrote about distribution of a computer program regarding author rights. Consequently I'm briefly analyzing the relatively fresh decision of Court of Justice of the European Union, which is about protection of a graphical user interface of a computer program. In the two final chapters I'm describing the issues in licensing of software and various available legal actions to...
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Web social networks and galleries as the support of building career of individual in the field of the art photography
Synek, Pavel ; Souček, Martin (advisor) ; Němečková, Lenka (referee)
The master thesis is focused on recent inosculation of photography and modern information technologies and also on a daptation of photography to current trends in communication. Special emphasis is set on fine-art photography. Besides delimitation of problem the first part of the text is dedicated to foundation and history of photography where the author refers to dramatic changes that had taken place in the early beginnings. The second part is dealing with contemporary phenomenon - social networks and their moving into the virtual space of the Internet during last decade. The author aims on key aspects of social networks which have a significant influence when in combination with photography. The next part shortly deals with problems of copyright that show up in relation to digital photography. Part of text is devoted analysis of several selected systems specialized in fine-art photography publishing and eventually their selling. The author describes their significant attributes, principles on which they are based and mentions differences among each other. The fundamental part of the document is focused on practical view of interconnection between fine-art photography and digital information technologies whereas the ideas relates to pieces of knowledge gained from several selected and interviewed...
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