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Songwriters and copyright and other related rights of performing artists and the way they exercise them in their practice
Horníčková, Gabriela ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This thesis is focused on copyright as it is exercised by musicians. The goal of this thesis is to find out more about the Czech copyright law awareness among the existing as well as future songwriters and other performing musicians and artists. Based on answers provided by particular respondents musicians as well as anonymous respondents from among those who study music and arts, the thesis attempts to find a solution, elements and changes to an amendment to the copyright law so that musicians and performers could pursue their jobs better, and the law would reflect their views on the particular topics. The goal is to find out how deep the copyright awareness among the musicians and artists is, what particular difficulties as well as advantages arise from the law, and what changes could be incorporated into an amendment to the copyright law.
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Selected legal questions concerning artwork
Hendrychová, Jitka ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This diploma thesis deals with selected legal questions regarding artwork in Czech Republic. Author focuses on artwork from copyright and civil legal perspective, specifically author´s rights and copyright and its legal protection (civil, administrative and criminal). It also addresses questions concerning licenses and licensing agreements, relation between artwork and its material object, buying and selling artwork, purchase agreement and other types of contract that artists usually encounter. The aim of this thesis is to identify the current state of legislation in this matter and issues that need to be addressed. Among other methods, author used a comparative method and a research in a form of survey in this thesis.
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The lease agreements
Melišová, Tereza ; Spirit, Michal (advisor) ; Votava, Tomáš (referee)
The bachelor thesis is concerned with the issues of the lease agreements, it is particularly focused on the lease agreements of flat. The introductory part deals with the historical development of the institute of a lease contract. The main part is dedicated to the current legislation of the lease agreement, rights and obligations of the contracting parties. The thesis clarifies next special types of the lease agreements and also the most frequent problems arising during the lease of a flat from the side of a lessee as well as from the side of a landlord. The practical part is devoted to the analysis of the lease agreements commonly used in practice.
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Current legal issues of copyright infringement of musical works
Kubešová, Eliška ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
This diploma thesis identifies the most important changes in legislation and submitted proposals in the area of copyright between years 2012 and 2013 and in the beginning of 2014 in the Czech Republic, the EU and the USA. These changes are evaluated from a legislative point of view and also from the point of view of a music consumer. For thorough understanding, the thesis contains also an overview of the current Czech legislation of copyright. Furthermore, it evaluates the current situation in a broader context of law, history, technology, culture and consumer behaviour and defines it as opposed to previous periods. It describes the history of music piracy and its current situation and features some of the most important cases of copyright enforcement of the period 2012 to 2014. The thesis contains also a research performed in the Czech Republic and Sweden, which describes past and present habits of music listeners. Following the identification of previous development and current trends, the thesis discovers future development and suggests future solutions to the problem of copyright in music.
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The Role of Non-Governmental Organisations in International Law
Nohová, Zuzana ; Grmelová, Nicole (advisor) ; Votava, Tomáš (referee)
The main aim of this bachelor's thesis is to analyze the role of non-governmental organisations in international law. The work answers three questions involving: The status of non-governmental organisations, participation in conferences and negotiations and enhancing the participatory status of non-governmental organisations within the international legal system. Case study provides an example of functioning of international non-governmental organisations in the framework of the international community illustrated by the example of Amnesty International -- one of the most influential non-governmental organisations of our times.
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The issue of the United Nations Security Council from the perspective of the public international law
Kubová, Gabriela ; Grmelová, Nicole (advisor) ; Votava, Tomáš (referee)
This Bachelors thesis deals with the matter of reforming the United Nations Security Council Membership (UN SC). Security Council is divided into two groups of states. The first group consists of the five permanent members, which has the privilege of the veto. Ten member states are in the secont group of non-permanent members and they are elected for two years. This system did not change during last fifty years and is grossly unfair to some parts of the world. Member states of the UN are calling for many years for the reform, which would fix current status.
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Legal and ethical framework for the use of nudity in marketing communications of companies of the fashion industry
Vénosová, Veronika ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
The thesis deals with the legislative framework governing the display of human nudity in marketing communications of the fashion industry. Its aim is to explore the legal and ethical framework which governs its use in advertising in the Czech Republic and selected EU member states (The United Kingdom, France, Italy) and the United States. Firstly, the very concept of fashion is defined, followed by historical overview that focuses on the methods of promoting fashion brands, with particular regard to nudity, from the very beginning of the 20th century to the present. Following is the current practice in marketing communications, including its online aspects. Thesis then describes the legal framework and ethical framework that regulates the use of nudity. It includes an outline of selected cases, when complaints about allegedly improper use of nudity in advertising were judged by state or self-regulatory bodies. There are also results of the poll among companies which already used nudity in their marketing communication and the results of the public survey. Work is concluded by prediction of the possible use of this phenomenon in the future based on an extrapolation of current developments.
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Legal issues of protection of sound recordings of musical compositions
Grishina, Marina ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
In my diploma thesis i deal with legal aspects of the protection of sound recordings of musical compositions in the Czech Republic and the Russian Federation. In connection with the development of modern technoligies that facilitate access to copyright works, for example the internet, protection of copyright and rights related to copyright is becoming a very important and should be corresponding. The first chapter deals with the definition of the basic concepts of copyright. The second chapter focuses on the issue of copyright infringement and infringement of related rights in the Czech Republic and Russia. In the following section copyright's international treaties (TRIPS, ACTA and others) are analyzed and liabilities, which arise from them. The fourth chapter deals with the issue of enforcement of copyright. In the last chapter, I compare effectiveness of Czech and Russian legal norms for the protection of copyright, based on anonymous sociological research among university students relatively to the origin of audio recordings of musical compositions.
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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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Legal aspects of organizing music events
Hálková, Kateřina ; Boháček, Martin (advisor) ; Votava, Tomáš (referee)
The thesis entitled "Legal aspects of organizing music events" deals with musical performances from the perspective of organizers, performers, but also the wider public. The aim is to identify the legal issues that must be seen to by the organizer of musical performances and to evaluate the operation and use of the services of collective rights management societies and to evaluate the impact of copyright infringement and attitude of the society to its violation. The introductory chapter provides an overview of the legislation and discusses copyright and certain organizations that work in this field. The second chapter describes the activities of collective rights management companies. Equally important is the third chapter, which deals with license agreements and the different types of licenses. The final chapter applies the theoretical knowledge gained from previous chapters into practice.
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