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The Users' Rights in the Information Society
Jirsa, Jiří
1 H. Summary The Users' Rights in the Information Society Dissertation thesis "The Users' Rights in the Information Society" focuses on the copyright exceptions and limitations (hereinafter referred to as copyright limitations) as an area which, in addition to the licensed use, affects users of copyrighted works in the most direct way. The term "users" is understood in the concept of this work, in accordance with foreign and Czech scientific literature, in a broad sense, covering also consumers of copyrighted works or users of digital content on the Internet. In the context of copyright limitations users are allowed to use copyrighted works on a non-contractual basis, without the consent of the author, either for free or in the form of a paid statutory license. Copyright limitations include a wide range of uses reaching from the quotations through the use for a private purpose to the so-called news reporting and governmental statutory limitations. The concept of users' rights (despite - as seen from a certain angle - its actual existence) has not been so far defined in the legal literature in a consistent manner. However it attracts an exceptional academic attention for its conceptual and strategic importance. The concept of users' rights represents - rather than a framework of real subjective rights - a...
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Non-contractual legal institutions of the use of copyrighted work
Čuřík, Martin ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
The aim of this thesis is to summarizingly describe non-contractual institutions of the use of copyrighted work, to define this legal branch under the system of copyright law as well as to briefly introduce the essential institutes and concepts of copyright law as such. The second chapter focuses on the explanation of the concept of copyright law and its placement in the system of law. Afterwards, a brief historical background of copyright law on the territory of the Czech Republic and the most important reasons for providing copyright protection are introduced. In the third chapter, the essential concepts of copyright law are defined, such as author's work, the characteristics of author's works, categories of author's works, exceptions to copyright and the concept of authorship. The description of when the copyright protection is created follows. Then, the definition of the content of copyright, including the scope of moral and economic rights of author of the work, is presented. Finally, the institution of public domain is explained. The fourth and main chapter of this thesis contains a digression in the field of copyright contracts, followed by the introduction to the field of the non-contractual institutions of the use of copyrighted work. Next, there is an overview of the European and...
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The legal institution of making a copy for personal use in the information society
Navrátil, Vladimír Gabriel ; Žikovská, Petra (advisor) ; Wünschová Pujmanová, Alexandra (referee)
in english The private copying exception, as a traditional part of Copyright in the European Continental law, has become nowadays due to the development of information technologies and especially Internet probably the most discussed topics in the field of Copyright. The aim of my thesis is to offer a complex view on the exception, so I therefore deal with many related issues which are important for answering the question: "Is the private copying exception still justifiable - or to what extent - in Information society, when you can get almost every book, painting, music work or movie in few minutes on the Internet?" The thesis introduces the most influent traditional justifications for copyright and examines whether the copyright is able to preserve its known attributes - especially aspect of exclusivity - while in the age of Internet the link between the intangible creative work and physical medium has been broken. However, central point of my thesis is the three- step test, the crucial provision in the current system of intangible property, both on international and EU level. The three-step test should maintain adaptation of copyright to the changing technological and social conditions, because every single using of copyrighted work formally falling within the extent of exception has to fulfil its...
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Statutory licenses with reference to the broadcasting of sports events
Šrámková, Kateřina ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
Statutory licenses with reference to the broadcasting of sports events This thesis is focused on the topic of statutory licenses with reference to the broadcasting of sports events. As mentioned right at the beginning of the thesis, the statutory licenses belong together with the free use and compulsory licenses to the extra-contractual institutes. They enable any third person, while meeting statutory requirements, the use of a copyright work or a subject-matter of related rights without a consent of the rightholder. The main reason why they were introduced into the international, European and national legal systems, was especially the endeavour to achieve a fair balance of rights and interests between different categories of rightholders and users of protected subject-matters. The crucial document on the European level in the field of treatment of exceptions and limitations to the rights is the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society which provides a comprehensive list of one mandatory and twenty facultative exceptions and limitations, as well as the so-called three-step test. This Directive is closely discussed throughout the whole thesis. Nevertheless, the...
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The Users'Rights in the Information Society
Jirsa, Jiří ; Kříž, Jan (advisor) ; Pítra, Vladimír (referee) ; Vychopeň, Martin (referee)
1 H. Summary The Users' Rights in the Information Society Dissertation thesis "The Users' Rights in the Information Society" focuses on the copyright exceptions and limitations (hereinafter referred to as copyright limitations) as an area which, in addition to the licensed use, affects users of copyrighted works in the most direct way. The term "users" is understood in the concept of this work, in accordance with foreign and Czech scientific literature, in a broad sense, covering also consumers of copyrighted works or users of digital content on the Internet. In the context of copyright limitations users are allowed to use copyrighted works on a non-contractual basis, without the consent of the author, either for free or in the form of a paid statutory license. Copyright limitations include a wide range of uses reaching from the quotations through the use for a private purpose to the so-called news reporting and governmental statutory limitations. The concept of users' rights (despite - as seen from a certain angle - its actual existence) has not been so far defined in the legal literature in a consistent manner. However it attracts an exceptional academic attention for its conceptual and strategic importance. The concept of users' rights represents - rather than a framework of real subjective rights - a...
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Communication to the public of broadcast works by radio or television receivers as an economic right in copyright and the exception thereto in favour of health establishments
Věžníková, Petra ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
The intellectual property concept of 'communication to the public of the broadcast works by radio or television receivers' in Article 23 of the Czech copyright act is a current issue especially in a relation to the exception to this right in favour of health establishments that has been called in a question in front of both Czech courts and CJEU. The most important criteria of communication to the public -- laid down by CJEU -- suggest that the concept should be interpreted broadly, covering all transmissions, regardless of the means used and the nature of the place for the communication. A public refers to an indeterminate but fairly high number of people who constitute so called new public. In order to fall within the scope of a lawful exception the criteria of the so called 'three-step test' must be met as well as the formal criteria stated in the abovementioned Article. The most recent cases discussed in this work dealt with the transmission of the protected works by means of television sets located in the bedrooms of the guests of spa establishments. Although it was held by CJEU that this exception does not comply with EU law, it is still part of the Czech law and Czech courts must cope with it.
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