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Traditional and new legal concepts in the environment of internet network
Miroš, Petr ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
The internet has become the biggest phenomenon of last two decades. In a significant manner it affects our society and changes its behaviour in private, commercial and public life. Through an easy connection with almost any part of the world our current society has become global indeed. Facilitation and significant acceleration of communication and transfer of relatively large amount of data bears many difficulties and risks. Therefore this thesis is focused on some aspects and corresponding legal concepts, including those, which are of entirely new nature because of the internet evolvement. The work is divided into four main parts according to areas they are related to. First one introduces general matters of the internet, its formation and fundamental issues of its structure, operation and legal consequences. Next part describes the internet from the scope of copyright and impacts on this legal concept. Legal implications of P2P networks, position of ISPs and statutory development in some countries whereof consequence is the limitation of fundamental human rights and freedoms in favour of higher efficiency in application of copyright protection is also subject of this chapter. Third part concerns entirely new instrument and concept - domain names. Though its legal nature is not defined and...
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Digital library Kramerius and its use by students of historical sciences
Fišer, Marek ; Bratková, Eva (advisor) ; Večeřová, Petra (referee)
The thesis focuses on the digital library Kramerius, that provides electronic access to mainly Bohemian documents from 19th and 20th century. Its aim is not to describe all parts of this system and its hinterland - the thesis focuses rather on the user point of view. The core of the thesis is formed by user survey, which is conducted among the students of historical disciplines at the Faculty of Arts, Charles University in Prague, namely the students enrolled in the study programme Historical sciences. In the first part, there is a characteristic of digital library Kramerius with the focus on the aspects, that are closely related with its usability (user interface, accessibility of documents, conversion of the original documents to machine- readable form). The user survey, which is described in the second part, is devided into two parts.
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Public licenses and public domain as alternatives to copyright
Köppel, Petr ; Šisler, Vít (advisor) ; Fáberová Slušná, Kateřina (referee)
The work first introduces the area of public licenses as a space between the copyright law and public domain. After that, consecutively for proprietary software, free and open source software, open hardware and open content, it maps particular types of public licenses and the accompanying social and cultural movements, puts them in mutual as well as historical context, examines their characteristics and compares them to each other, shows how the public licenses are defined by various accompanying movements, and also analyses which obstacles to the usage of public licenses are put by the Czech law. Keywords Copyright, licenses, open source, creative commons, public domain, software, design.
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Copyright and related aspects of advertising
Seewald, Michaela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The objective of this doctoral thesis is to provide an integral view of legal regulation of copyright and subsequently the right of advertising with focus on their intermingling. The doctoral work is divided into seven extensive chapters. The first chapter deals with the historical development of copyright and its existing legal regulation from international and especially local point of view. The second extensive chapter of the doctoral thesis specifies in more detail the possibilities of trading with proprietary rights and describes the possibilities of use of a copyright work on the basis of a contract, i.e. on the basis of a copyright authorization, and on the other hand the possibility of use of the work without any contract within the framework of the so-called statutory licence, further of the so-called free works, where the duration of proprietary rights has already expired, and last but not least the so- called free uses of works for personal use. This chapter is supplemented by an interesting phenomenon of copyright, the so-called "three-step test". The third chapter of the doctoral thesis describes legal regulation of works with a special legal regime. The fourth chapter of the doctoral thesis deals with protection, limitations and specific unprotected works of copyright. The fifth...
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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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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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Software piracy
Cholasta, Roman ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
The main target of this thesis is to outline the issues connected with software piracy to the reader. To clarify this issue some legal background connected with software needs to be explained. First it is necessary to define what software is and clarify its connection with a computer program. Next step is to define a computer program, which parts of it are protected and which parts are not. In order to define what is software piracy the thesis defines a rightful use of a computer program. After that it is possible to define software piracy and take a closer look at it. Also in the conclusion there are some current issues in this area that have a significant impact on the perception of software piracy by the public. This thesis is divided into ten chapters. The introduction outlines the issues of software law and software piracy and attempts to clarify the origin of this issue considering a new borderless area - the internet. The second chapter deals with the terms software and computer program, their relation and the differences and also with other terms which are used in this thesis including the legal source of a computer program with an overview of the current case law of the European Union Court of Justice. The third chapter is focused on a computer program as an object of law together with...
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Copyright protection of software, software as a servis
Kalabza, Viktor ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
This diploma thesis describes Czech legislation on copyright protection of computer programs in European and international law context. The commentary is mostly focused on current, practical issues, which often aren't clearly and satisfactorily solved, or issues which are subjects of current or recent litigations before European courts. First chapter introduces special characteristics of computer programs in copyright law, shortly mentions other possibilities of their legal protection and outlines some problems connected with massive technology development and international dimension of these questions, which are enlarged in following chapters. It also defines basic terminology used in the thesis. Chapter two, called "Sources of international and European law" mainly focuses on international treaties and EU directives, on which current Czech copyright protection of computer programs is based. Following chapter describes Czech copyright protection of computer programs, respecting, in general, structure of Czech Copyright Act and simultaneously gives deeper look into selected up to date problems. It compares computer programs with traditional copyrighted works, explains i.a. concept of "employee's work" and closely focuses on author's moral and, mainly, economic rights. Special attention is dedicated...
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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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Copyright in architecture
Žižková, Šárka ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
94 Abstract The purpouse of my thesis is to provide a comprehensive overview of the issues of copyright in architecture. I tis very complex topic and orientation in it brings many difficulties not only to public. As revealed in my work, there is very few litigation on this issue, but that doesn't mean that they doesn't exist at all. However, architects or architectural ateliers mostly aren't interested in venturing into protracted disputies and the vast majority of these disputies ends with out court settlements. This behavior is understandable, since building design represents architect's livehood, they rather abates in their opinions rather than undergoing the time and economically disadvantageous battle with the investor. My diploma thesis consists of six chapters, each of them examines architectural work from a different perspective. The purpouse of the first chapter is to clarify the concept of architecture and traditional architecture, which the Copyright Act concieves just very briefly. The second chapter analyzes the characteristics of an architectural work, including the urbanistical work. Another part focuses on legal conceptual characteristicss that work must fulfill to be under the protection of copyright law. Beside that, I describe concept of authorship, co-autorship and employee work issues....
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