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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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Copyright in the aspects of television broadcasting
Rennerová, Zuzana ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
This thesis deals with copyright issue in the field of television broadcasting. Regarding the topic extend, the thesis does not examine all the issues down to the least detail. Neither it mentions sociological aspects of the legal matter, nor elaborates findings from the field of media communication and television production. The submitted text tries in nine chapters to present a summarising insight into copyright from the view of television production as per legal status on June 30th 2011. First, the analysis of the valid right is carried out by means of interpretation, grammar- language, word meaning (semantic), systematic, theological, logical and historical methods. The findings gained are then processed by means of a comparative method. However, the text also takes into consideration former copyright regulations as well as relevant provisions of the international copyright and EU law. A great attention is paid to doctrinal interpretations and to judicature in the limited extend as well.
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Legal protection of design focusing on fashion industry
Tomášková, Lucie ; Růžička, Michal (advisor) ; Pítra, Vladimír (referee)
This thesis focuses on definition of all possibilities of legal protection of design relating to the fashion industry and fashion design. Thesis defines term design, its fundamental types, typical characters and special features. Next part deals with design as the immaterial thing, as the thing in legal sense and its categorization due to adoption of New Civil Code and broader concept of the thing in legal sense differentiating on material and immaterial. From the area of forms of legal protection thesis pursues particularly protection through copyright, industrial designs, trademarks and unfair competition. Simultaneously it compares the relationship of protection through copyright and industrial designs as well as industrial designs and trademarks. Another part is dedicated to public and private legal means which designer may use providing that there is interference with his rights. Apart from specification of forms and means of legal protection, which are available in the Czech Republic, this thesis aims to describe opportunities of designer in the international area and area of the European Union. Thesis concerns registered and unregistered industrial design from the point of view of the European Union, from the international area it mentions all international agreements important for...
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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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Internet law
Meissnerová, Anna ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
! 69! Internet Law - Master Thesis Abstract This study explores and describes the discipline of Internet Law as well as the problems arising from applying its jurisdiction. Furthermore, it deals with liability limitation in the on-line world and presents various tendencies in the development of the Internet Copyright Law in the Czech Republic, USA and France. This study is divided into two main chapters. The first one deals with the theoretical and philosophical foundations of the Internet phenomenon and the second focuses on practical aspects of the on-line legal regulation. The tendencies in interpretation and application of the legislature are presented through important case studies. The research strategy for this thesis was data gathering followed by its analysis. Providing examples of local legislature (Czech, USA, French) together with presentation of corresponding case studies I was searching for the keys for interpretation and application strategies of this relatively young and dynamically developing field of law. The study's objective was to find answers to the following two questions: a) Is there a general need for the Internet legal regulation? And if so b) What should the legislative tendency within the Internet Copyright Law be? During the writing process I had to confront two opposite...
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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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Copyright in TV practice in the light of new civil legislation
Ryšávková, Veronika ; Wünschová Pujmanová, Alexandra (referee) ; Křesťanová, Veronika (referee)
This rigorous thesis deals with the copyright issues related to practice of TV companies emphasizing the specific area of TV news and journalism. It presents a basic survey of methods applied by TV stations to ensure the requirements of the copyright law for a copyright protection of the works which are supposed to be used. A difference is made between the use on the basis of a contract, above others through a standard license contract or a contract for work, and a non- contractual use on base of a free licence and quotations used most frequently in the sphere of reporting and journalism. Even the regime of collective management of copyrights is described, considering in particular audiovisual works and their individual components. In the context of the private law recodification with its foreseen effectivity from 1 January 2014 this thesis is also pursuing both direct and indirect impacts of the new civil code in the field of copyright. On a theoretical level, it deals with issues which should be resolved in connection with this significant legislative change.
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Audiovisual production and Copyright
Novák, Marek ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
Audiovisual Productions and Copyright - Summary The topic of this thesis are audiovisual productions in relation to copyright law and selected legal relations, which can take place during audiovisual productions. These legal relations are important mainly from the perspective of copyright law, but also overlaps into neighboring branches of law are mentioned, with regard to the civil code recodification. The first chapter is focused on defining key concepts. Firstly, there is defined the concept of audiovisual production as a type of business and the legal conditions for its performing. The concept of audiovisual work in the context of copyright law is defined next. The characteristic attributes of audiovisual work are defined and the specific conception of authorship is considered, followed by traditional division of audiovisual works and its perception through certain public-law norms. With regard to the specifics of audiovisual works, the character of works audiovisually used is also mentioned. In the end of the first chapter the term producer is defined, his relation to the author of audiovisual work and specific rights, to which is entitled by the copyright code. The main chapter deals with selected legal relationships, which take place in the audiovisual sector. It concerns primarily the concept of...
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The application of copyright in film production
David, Ivan ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The Application of Copyright in the Film Production (Abstract) This diploma thesis on a general basis describes and analyses the application of copyright in the film production. Because the copyright regulating the relationships coming from the process of production and exploitation of audiovisual work is the part of a broader group of norms comprised within the transbranchial "film law", this paper also indicates what other legal enactments - of civil law as well as of public law origin - have to be respected in the film production. The first part of the paper specify the basic terms and concepts which could be found in the film law as well as in the practical film production itself governed by this law. First of all, the paper defines the main areas of the film law, meaning copyright and its neighbouring rights, unfair competition law, media law, advertising law and protection of personality rights. Further on, it is specified what could be understood in legal theory by terms film, film work, audiovisual work, cinematographic work and underlying work. Next, the paper briefly explains the process of film production, its function, stages and forms, as well as the following process of the film distribution. Finally, this part of the paper defines and explains the main professions which are to be found within...
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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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