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Collective management in the context of modern technologies
Smolka, Lucie ; Dobřichovský, Tomáš (referee)
COLLECTIVE MANAGEMENT IN THE CONTEXT OF MODERN TECHNOLOGIES MGR. BC. LUCIE SMOLKA, PH.D. The thesis focuses on transformation of the role of collective management in the online world. The main goal and the research question that this work sets is to analyse and provide an answer to the question how the collective management and its position changes depending on modern technologies (especially the Internet). Within this main research question, two tendencies are observed, two main areas influenced by the general characteristics of copyright, reflected in the functioning of collective management in the environment of modern technologies. An aspect that permeates the work is the view of copyright territoriality and its influence and its changes regarding the collective management. The goal is to find out how the application and perception of the principles of territoriality is changing in a context of ever-increasing intersection of copyright and modern technologies. In addition to the general features of collective management, in connection with the territoriality, we will concentrate on multi-territorial licensing instruments, which were introduced, despite the previous efforts, only through the Collective Management Directive. The second examined feature and an important principle is the autonomy...
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Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
1 Abstract Private enforcement of EU Competition Law Private enforcement of competition law is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The analysis of a right to seek the antitrust damages and its development is based on decisions of the Court of Justice of the European Union as well as preparatory works on the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (the "Directive"). The first chapter describes the development of the new fully recognized branch of competition law within the EU. The CJEU has focused on the interpretation of the principles of effectiveness and equivalence and the direct effect of Articles 101 and 102 TFEU. The second chapter includes the analysis of a total of four research questions such as who may be the claimant or the defendant, which court has a jurisdiction and when the limitation period exactly starts to run. Answers to these questions provide injured persons with a higher degree of legal certainty in relation to enforcement of their rights. Also, the Directive and the Czech transposition legislation, including the already available case law of the CJEU, are critically analyzed. Collective protection of the rights and protection...
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Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
Private enforcement of EU Competition Law Abstract The topic of this Juris Doctor thesis deals with private enforcement of competition law, which is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The author describes the development of the right to seek the antitrust damages in the first part of his thesis. This deep analysis involves an exhaustive presentation of key decisions of the Court of Justice of the European Union, accompanied by the analysis of the preparatory work on the Directive 2014/104/EU. The latter includes synthesis of numerous comments drafted and issued by member states, national competition authorities and other stakeholders as well. Following the first part described above, the author carefully examines the whole text of adopted Directive 2014/104/EU and describes its transposition. There was created a new fully recognized branch of competition law within the EU, which doesn't replace or threaten both the EC and NCA public enforcement of competition law. Moreover, these private antitrust damages actions serve as a complement of a public-law sanction. The European private damages directive establishes certain new procedures and law institutes, all of which are thoroughly analyzed and...
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The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark.
Kraus, Adam Daniel ; Dobřichovský, Tomáš (advisor) ; Žikovská, Petra (referee)
The provision of online music streaming services and the management of copyright in the light of the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark Abstract This thesis presents an insight into the management of copyright in musical works, with particular focus on their use in provision of online streaming services, together with the discernment of the individual aspects of such management in the context of changes brought about by the Directive 2014/26/EU and its implementation in the Czech Republic and Denmark. The aim of this thesis is to primarily describe the various models of copyright management and their importance for both the users of works and the right holders in the contemporary era of digital uses, and at the same time to analyse the individual legislative interventions into these models, confront them and infer possible de lege ferenda implications. The introductory part of the thesis also describes the streaming technology itself, especially with regard to its copyright aspects, whose grasp is essential for a proper description of the different modes of protection and application of copyright. The thesis is divided into eight chapters. The first chapter describes the historical development of copyright protection of works in the digital environment. The...
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