National Repository of Grey Literature 9 records found  Search took 0.01 seconds. 
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...
Performers and term of protection of their rights
Costantini, Simona ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Main objective of this thesis is to examine in detail the topic of performers' intellectual property rights and their term of protection, offering an insight based both on the historical background and the current state of legal regulation (Czech, European and international). Especially, I deal with the changes resulting from implementation of Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. A significant part is also dedicated to the recently adopted Beijing Treaty on Audiovisual Performances (2012). The introductory chapter consists of a comprehensive historical overview that covers important events and sources of law relevant to performers' intellectual property rights and their term of protection. Certain documents can be considered milestones, such as Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty and the Beijing Treaty on Audiovisual Performances. A substantial part is also dedicated to the harmonisation of term of protection of copyright and certain related rights through European law. The second chapter gives a brief overview of the concept and...
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.
Regulation of Labour Relationships of Symphonic Orchestra Players in the Czech Republic
Ciprys, Pavel ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
The present diploma thesis deals with the specifics of employment relationships of symphonic orchestra players in the Czech Republic. Individual chapters outline many aspects of this activity from historical view of orchestral tradition on the territory of the present Czech Republic, up to individual internal mechanisms of the functioning of symphonic orchestras, like the establishing of employment relationship on the competitive basis, the position of functional players within the system of orchestra work, the schedule of working hours and job description of an orchestra player, care for employees, health hazards of that profession etc. The basic activity of symphonic orchestras is their concert activity, where concerts take place on a domestic stage of each orchestra, but very often also as concert tours for economic, educative and comparative purposes. The author of this thesis elucidates the role of a conductor as the main manager, who is responsible for the artistic result of the whole orchestra. This part of the thesis is complemented by an exclusive interview with maestro Jiří Bělohlávek, the Music Director and Chief Conductor of the Czech Philharmonic Orchestra. The author also deals with the role of the artistic board, the main advisory body of the orchestra management on artistic issues. Other...
Protection of Rights and Interests of Performing Artists
Číhalová, Monika ; Wünschová Pujmanová, Alexandra (advisor) ; Žikovská, Petra (referee)
The aim of this work was to provide complete overview of rights that the law confers on performers and to focus in more detail on the possibility of protection and defence of these rights. This goal is reflected in the whole concept of the work - the first chapters describe the performer's rights and the second part focuses on the protection of these rights whether by the performer him or herself or by the collective administrator. The opening chapter deals with explanation of the basic terms. First, it was necessary to clarify, who is a performer from the lay point of view but also under the Copyright Act definition. Then I define the subject of the performer's rights in general - the performance. Finally, the chapter covers also the joint representative of performers who often represents an artistic body externally. The second chapter is slightly more extensive. It deals with the historical development of copyright. Because the Czech copyright is significantly influenced by international and European law, the following two big sub-chapters focus on these two huge legal systems and mainly on agreements and regulations that have directly affected the performers' rights in our country. Very important for the whole work is the third chapter which contains moral and economic rights of performers. This...
Legal status of performing artist
Reichert, Michal ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Synopsis This thesis is focused on the rights, which accompany the performer. Does not aim to focus on the details of individual institutions, but rather to organize informations about the rights attaching to the performer and artistic performance. In four chapters the author tries to depict these rights since their inception, since the creation of an artistic performance to the moment when the performance become a part of public domain, as well as the right to the these free artistic performances. The first chapter is an introduction to the subject, defines the legal concepts - an author, performer, author's work, artistic performance etc. and also covers the concept non- legal - art, in spite of its abstractness, to author of this thesis seems to be crucial in the legal definition of a performer. The second chapter deals with the own performer's rights, property and personality rights and their duration. In the third chapter the autor drala with legal representation of performers by common agent, who represents performers when dealing with the rights to jointly created performance. Furthermore, in the sekond part of this chapter focuses on a different type of legal representation: mandatáry manager collective rights and collective management in general. The last, fourth chapter describes the use of...
Copyright questions related to the position and activity of bands and organisers of musical performances
Machuta, Václav ; Boháček, Martin (advisor) ; Patočka, Radim (referee)
This bachelor thesis deals with copyright questions related to bands, organisers of musical performances and collective rights managers. It analyses every subject separately as well as their mutual relations. The aim of this thesis is to assess whether the contemporary Copyright Act provides for the copyright position of bands, organisers of musical performances and collective rights managers sufficiently, and also for their mutual judicial relations. The main source of information is the qualitative research method in the form of interviews with musicians and other representatives of music industry and the longterm author's activity in this branch. The work also discusses the certain related rights to the copyright and deals with the admission of the amendment of the directive prolonging the protection of these rights.
Impact of the authors' rights on the performing artist's profession
Sanigová, Jana ; Boháček, Martin (advisor) ; Spirit, Michal (referee)
The authors' rights nowadays concern every individual. They significantly influence the performing artists, who use authors' works to make their living. This thesis analyses the specific impact of the Czech legal regulations on the professional musicians, describes the competences of the collecting societies, refers to the difficulties due to differences in the legal regulations on the international scale and defines musical theme as a new term in the legal context. The thesis proves the advantage of potential use of this term in both Czech and international courts practise.
Piece of music and its legal protection in relation to internet piracy
Jakubíček, Petr ; Spirit, Michal (advisor) ; Boháček, Martin (referee)
The thesis deals with contemporary author's law which is effective in Czech republic in relation to a piece of music and its legal protection. The goal of first chapters is to outline the crucial statutes concerning subjects as authors, executive artists and recording producers. A great deal of the thesis concerns with internet music piracy which results from a mass file-sharing. It also includes an evalution of current author's law and its efficiency in today's information society.

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