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Copyright law and advertising
Boštičková, Aurora ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
Copyright law and Advertising This thesis deals with copyright law, a branch of law belonging to the field of intellectual property law, as well to intangible goods, and as a second topic it deals with advertising. The aim of the thesis is to introduce the reader firstly copyright law, advertising and then to unite these two main topics and last but not least to deal with prohibited advertising. The core of the thesis is to connect copyright law and advertising, specifically the subject of copyright, which is the copyright work, and advertising, and to highlight the use of specific copyrighted works in advertising. The thesis is divided into an Introduction, a General Part consisting of 8 chapters, a Special Part dealing in two chapters with decisions of Czech courts and a Conclusion. The first chapter deals with the concept and classification of copyright law, its origin, content and object. The second chapter provides an overview of international, EU and Czech sources of legislation. The third chapter deals with the concept of advertising, its types and legal regulation of advertising. This chapter is logically followed in Chapter Four by advertising entities, which are defined by the Advertising Regulation Act, and Chapter Five, which follows it, and deals with supervisory authorities defined by...
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Copyright law and advertising
Aichingerová, Nikola ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
- Copyright and Advertising Advertising, as a rapidly evolving social phenomenon based on the promotion of goods and services, consists of copyrighted works that it creates or uses. Advertising work is often considered to be a unique result of creative intellectual activity, could it not therefore meet the conceptual characteristics set out in the Copyright Act and receive the same protection? If the advertisement includes a copyrighted work, artistic performance or other value protected by the copyright law, the advertiser, the client or other party in the advertising sector must deal with the copyright properly. The way to address it is set out in the Copyright Act. Could a person involved in making advertisements or an ad agency employee be the author? Does the legislation reflect the actual situation in the advertising sector at a time when advertising law contains public, private and ethical norms? This thesis is not just a description, but aims to analyse the legal regulation of copyright with a closer focus on copyrighted works in the context of advertising activities and their creators. The first analytical part deals with the development of copyright law with emphasis on the resulting separation of the material medium from the product of creative intellectual activity, i.e. the separation...
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Conceptual characteristics of a copyright work in the light of case law
Filipová, Kateřina ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Conceptual characteristics of a copyrighted work in the light of case law The diploma thesis deals with the analysis of the conceptual characteristics of a copyrighted work enshrined in Article 2 Section 1 of the Copyright Act (the so-called general clause) and it deals with the analysis of other associated provisions necessary for the correct identification of a copyrighted work. The general clause represents a key provision of copyright law and forms an imaginary gateway to the regime (rights and obligations) of the Copyright Act. The goal was to analyze individual conceptual characteristics and evaluate them in terms of abstractness and clarity. Given that the conceptual characteristics are vaguely defined in the law, they were described using the judicial interpretation of Czech courts and the Court of Justice of the European Union, as well as doctrinal interpretation. The acquired knowledge was applied to specific cases, problematic aspects of conceptual characteristics that occur in practice and that could be improved de lege ferenda were also determined. The analysis of conceptual characteristics in the light of case law (jurisprudence) shows that the courts and doctrine interpret the conceptual characteristics relatively consistently, however, the main inconsistency can be found in the...
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Copyrighted work and advertising
Vojtovič, Jakub ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Aim of this thesis is to link the theoretical aspects of copyright with its practical use. Specifically it is an analysis of relationship between copyright and advertising. In the thesis I am trying to find an answer for two main questions. First, if it is possible to grant a copyright protection to an advertisement and if so, then it is my goal to discover its usefulness. Second, the other answer should be based on analysis of preexisting copyrighted works used in advertisement. The thesis is divided into 8 chapters which consist of other sub- chapters. The first chapter is dedicated to copyright, its legal framework and analysis of historical and social background of its development. The second chapter is focused on advertising. Since the definition of advertising offered by the Czech laws is insufficient for the purpose of this thesis I decided to offer a marketing point-of-view to clarify the subject. The third chapter offers an analysis of current legislation of copyrighted work in the Czech Republic. The fourth chapter represents the first encounter of the two ostensibly unrelated topics: advertising and copyright. This chapter also presents a copyrighted work as a new notion while focusing on its creation and purpose. Here, we can also find a small turnoff to a copyright legislation of...
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Copyrighted work and advertising
Piskačová, Bára ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
Copyrighted work and advertising This diploma thesis explores the field of intellectual property law and deals with the current legal regulation of copyrighted work and advertising. The thesis aspires to introduce the basic attributes of the individual legislative regulations of the concepts of copyrighted work and advertising and to show the basis on which works are protected by the Copyright Act, what rights the authors have concerning their works and how can this issue be reflected in the process of creating advertising. At its core the thesis discusses the relationship between the copyrighted work and advertising and points out the factual intersection and proximity of these two areas. This thesis also looks into the decisions of Czech courts in the area of copyright infringement when using a specific foreign copyrighted work in advertising. The thesis consists of an introduction, which presents the topic to the reader, and continues to introduce the two main areas, the copyrighted work and advertising, which are further divided into 8 chapters. The first chapter describes the systematic incorporation of the copyright law in the field of intellectual property law, the constitutional basis which the copyright law relies upon and intangible assets, as the subject of protection of this legal...
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Moral rights in copyright
Wegschmiedová, Markéta ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Moral rights in copyright Abstract This thesis, after a brief introduction to the issue of copyright, defines the basic concepts relating to author's moral rights and its nature. It provides an insight into the issue from various different points of view, focusing on the natural nature of moral rights and the natural nature of an author's work, that is reflected in the copyright legislation. The thesis also offers a comparison of two major legal systems of copyright - the authors' right system and the copyright system, which demonstrate the key institutes and characterize both legal cultures through their typical features and differences. The thesis draws attention to the fact that the regulation of copyright and moral rights in particular is far from uniform in the national context and that there are significant differences not only between the different legal systems but also within those legal systems. The thesis also presents copyright and moral rights in valid Czech legislation in terms of the systemic and conceptual definition of the Czech copyright law and then discusses in detail the individual moral rights of authors. An important part of this thesis is the issue of originality as one of the conceptual features of the work. The thesis explains the role of the Court of Justice of the European Union...
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Unlawful use of a copyrighted work
Vik, Michal ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This diploma thesis deals with the topic of unauthorized use of copyrighted work. The aim of the thesis is to offer the reader an insight into the issue of the use of copyrighted work in general and the current possibilities of copyright protection in the Czech Republic. For this purpose, it defines basic copyright terms, by which it acquaints the readers with the content of the rights of authors and other entitled persons, as well as the claims that such persons may claim in the event of unauthorized interference with their rights. By listing the cases and the ways of fair use of the copyrighted works, the reader will, a contrario, be introduced to the issue of unauthorized use and unauthorized interventions, and consequently the claims with which one can defend against such unauthorized interventions. At the same time, the reader will be informed of the responsibilities and penalties that threaten the violators of the protected rights, whether civil, administrative or criminal. The thesis also attempts to compare the new amendment of the Copyright Act, especially in the field of collective management of copyright and related rights, based on the implementation of Directive 2014/26/EU, which substantially changed the form of Title IV of the Copyright Act. It also reports on the recent changes in...
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