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Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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Copyright protection of architectural work, current development trends
Güttlerová, Alice ; Žikovská, Petra (advisor) ; Křesťanová, Veronika (referee)
Title of thesis Copyright protectionof architectural work, current developmental trends Abstract This thesis explores the concept and protectionof architectural work and developmental trends in this legal area in the Czech Republic with respect to the valid copyright legislation. Architectural work is a work expressedthrough an architectural drawing,study, project documentation or a model, whereas in the absolute majority of cases the building itself is a reproduction of the architectural work. Subsequently, architectural work in the form of a building cannot be equated to the legislative term of architectural work in the sense of the copyright law. The work may be protected as architectural work only in the case that it fulfills the conceptual traits of author's work stipulated by the copyright law. These are defined both positively as well as negatively whereas the copyright law exempts some author's work from the copyright protection.Accordingtothe copyright law architectural workis definedas unique work of art which is the result of the creative work of an author and is expressed in an objectively perceivable form. Copyright therefore does not protect architectural ideas (concepts,notions) as such, but only their outer expression.The value of the work and its social significance is not decisive for the...
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Legal Protection of Artistic Performance
Leška, Rudolf ; Císařová, Zuzana (referee)
The thesis offers a systematic overview of the law of performers' rights. This specific field of law forms no major area of law by itself, but rather covers various legal regulations that are related to artistic performances. The author argues for specific protection of an artistic performance which emanates from the protection of a persona as it is understood by the theory of natural law. The author thus opposes those who consider the protection of a performer to be only a protection of an investment in the economic competition. That being said, it is impossible to automatically apply authors' rights to performers because of numerous differences between the two. The performer is not creating a new work of art which would enrich the knowledge of mankind, but only performs an existing work of art, making the societal benefit of an authors' work greater. The author therefore opposes the notion that Art. 34(1) of the Czech Charter of Fundamental Rights and Freedoms can be applied to artistic performances. Nevertheless, the protection of artistic performances is necessary because the society does not need only the existence of authors' creations, but also needs the art to be performed, if live art is to exist at all. Today, when live art is endangered more than ever before by technologies allowing...
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Sui Generis Database Rights and Official Work Exception
Míšek, Jakub
Sec. 94 of Copyright Act was amended by “Open Data act” in the way that official work exception applies mutatis mutandis, to the maker of the database. The new regulation it easier to work with public sector databases, including grey literature databases. However, it presents interpretation difficulties. This paper points to them and suggests solutions. The first part deals with sui generis database right in the context of grey literature. The second part analyzes the official work exception, its legal construction and the possibility of its application to sui generis database rights. The third part analyzes the transitional provision, which contains the amending act.
Fulltext: Fulltext_Misek_EN -  PDF
Slides: prezentace_Misek_CZ - PDF; prezentace_Misek_EN - PDF
Video: NUSL2018-Misek -  MP4
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Legal Protecion of Artistic Performance
Leška, Rudolf ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee) ; Srstka, Jiří (referee)
The thesis outlines the law of performers' rights, including its historical and theoretical background, relation to other areas of law, explanation of moral and economic rights of performers, problems of contractual law and issues related to the enforcement of rights. The core of the thesis lies in analyses of the terminology of artistic performances (including the performances of variety and circus artists) and the notion of a performer, the borders between protected and unprotected performances and the relation to a work of art, as well as in practical issues related to the collectively delivered performances by the members of an ensemble and their representation by a so-called joint representative. The thesis focuses on those aspects which are specific to performers or which cause particular difficulties in practical application; in these cases, the author offers his own solutions.
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Copyright in the digital photos on the internet
Matějíčková, Lucie ; Sigmund, Tomáš (advisor) ; Čermák, Radim (referee)
The thesis is focused on copyright in the digital photos on the internet. The aim is to identify whether website owners act in accordance with copyright law, on the contrary infringers and to what extent the use and acquisition of photos, images and graphics on the Internet. The sociological research was used to achieve this goal. In conclusion of the thesis are results of the survey, their analysis and proposals of suggestions. The first part is an introduction to the theoretical elucidation of copyright and its relationship to digital photos published on the Internet. The organization dedicated to the protection of copyright and download sources of photos published on the internet is included. In the second part, based on previous theoretical knowledge, two research questions and six hypotheses were asked. The benefits of this thesis are recommendations for new and existing businesses on the internet and for bloggers that have emerged from the evaluation conducted sociological research.
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Copyright Act - Analysing and solving selected problematic situations
Pořádek, Jiří ; Doucek, Petr (advisor) ; Veber, Jaromír (referee)
This thesis dealing with copyright law of the Czech Republic and its reflection in practice is divided into two imaginary parts. The first part introduces the copyright as a part of the intellectual property rights in general, puts Czech copyright law - Act No. 121/2000 on Copyright and Rights Related to Copyright and an Amendment to Certain Acts (the Copyright Act) as amended by latest acts - into the context of history and international law and then describes copyright law relation to business informatics. Also it analyses the text of the mentioned Copyright Act. The second part is about three selected problem situations. It proposes a potential solution to their problems on copyrights base which are in accordance with the Czech Copyright Act and other related legislation. Each of them is described and then are discussed various important aspects of this situation that may affect its copyright essence. Various legal options which determine the final solution are then derived from the aspects. The first problem relate to the issue of co-authorship of a computer program, the second to the creation of digital libraries, and finally the third to creation of websites.
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Audio distribution on the Internet
Gleza, Jan ; Jandoš, Jaroslav (advisor) ; Šedivá, Zuzana (referee)
This thesis analyzes current situation of audio distribution on the Internet, its authorized and unauthorized option. Predicts future development by application of cryptography and offers solutions for increase the share of authorized audio distribution by means of three pillars -- shopping simplification, increase user friendliness and offer to include added value to authorized distribution.
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