The objective of the master's thesis called 'Photograph as the copyright and copyright protection of photographer' is to describe the basic foundations and characteristics of the current regulation of copyright work, specifically of photography. The Czech legal system do not contain a complex regulation of photography; therefore, the thesis deals with the individual aspects of copyright law related to the characterisation of photographs as a copyright work, the rights of photographers or their rights related to the protection of their copyright. The thesis is based primarily on copyright law commentaries, copyright regulation on the Czech, international and European level and on the decisions of both Czech and foreign courts due to rapid development of copyright law in the information society and the inflexibility of the current legislation. Due to the author's interest in photography, the thesis is enriched with personal observations from her own experience with photography. The thesis is divided into seven chapters. The first deals with the general description of copyright, its principles, basic concepts and the moment of copyright formation. Chapter two focuses on photography and discusses the subject of copyright protection. Chapter three deals with authorship of photography, defines under...

Legal Protection of Works of Copyright on Social Networks This thesis is focused on the legal aspects of the works of copyright protection on social networks. The thesis in its introduction defines the term of social network, in particular as the service of the internet service provider, and furthermore it deals with the nature of the contractual relation between the social network service provider and its user. The thesis deals with the definition of 'work of copyright' in relation to social networks, while the rights of the author to his or her work of copyright published on the social network are defined. Furthermore, the thesis deals with the possibility of rightful use of the works of copyright published on the social networks by other entities than authors of such works. The thesis defines the scope of the licences provided to the social network service provider, another users of the social network and the to another non-user entities. In relation to this the thesis is based on the terms and conditions of the currently largest social networks (in the first place it is Facebook, followed by Instagram and YouTube) that are establishing content of the contractual relationship between the social network and its user. In its final part the thesis deals with the legal aspects of an unauthorised use...

O presente estudo tem como objeto a norma contida no artigo 184 do Código Penal, consistente no crime de violar direitos de autor e os que lhe são conexos. A ideia central da pesquisa é perceber as raízes e a finalidade da criminalização das condutas violadoras que, em certa extensão, revelam a eventual dignidade do bem jurídico penal e, aliada à eventual necessidade, fundamenta a manutenção do dispositivo no ordenamento jurídico. Nesse contexto, a preliminar delimitação do bem jurídico penalmente protegido se mostra indispensável para a compreensão da matéria proibida, bem como para o processo de interpretação casuístico. Contudo, o tema é controverso, haja vista que a criminalização das infrações aos direitos intelectuais de forma geral não é consenso entre os penalistas ao redor do mundo, assim como a efetiva aplicação das respectivas penalidades pelos magistrados brasileiros. Isso porque equivocadamente se entende que os direitos de autor seriam, em analogia aos demais direitos intelectuais, uma espécie de direito de propriedade, e a incriminação das condutas infratoras teria por finalidade única a tutela do direito exclusivo de exploração econômica de sua criação ou invento. Da referida análise concluiu-se que, diferentemente dos direitos de Propriedade Industrial, os autorais não se resumem a direitos de cunho patrimonial. O sistema francês denominado Droit d Auteur, absorvido pela legislação brasileira, está guiado para a proteção do autor enquanto criador, de sua personalidade e individualidade, e se concretiza pela concessão de um direito exclusivo de participação pela utilização econômica de sua criação. Trata-se, pois, de um Direito sui generis, haja vista a índole imaterial de seu objeto, bem como sua natureza jurídica peculiar, que o aparta dos demais direitos privados. Portanto, sua colocação em risco produz, de forma mediata, prejuízos a toda a sociedade, como o desincentivo dos esforços e investimentos realizados por sujeitos interventores no processo criativo e comercial, e, consequentemente, a diminuição do progresso técnico, econômico, cultural e social. Concluiu-se, desse modo, que os direitos de autor são dignos da tutela penal ante a seriedade das lesões aos direitos de autor e as consequências nocivas para o livre desenvolvimento da comunidade. Igualmente, a tutela faz-se necessária e adequada diante da falibilidade dos meios de proteção menos gravosos, tal qual a via administrativa e a civil. Por outro lado, criticou-se a previsão normativa contida no caput do artigo 184, em termos de oportunidade, porque a incriminação genérica de toda a esfera do Direito de Autor degenera a finalidade do Direito Penal e, em termos de legalidade, porque carece da determinação, fundamental ao tipo incriminador, visto que não descreve minimamente a conduta típica de modo a permitir ao destinatário da norma orientar a sua conduta. Tais desacertos trazem consequências danosas tanto para o equilíbrio do sistema penal quanto para a aplicação concreta da norma ao fato concreto. Para tanto, sugeriu-se a criação de uma abertura legal para que a prática da administração da justiça permita, em algumas situações nas quais o castigo penal resulte desproporcional ou ineficaz, minimizá-lo, substituí-lo ou, inclusive, afastá-lo. Do mesmo modo, o sistema penal deve hierarquizar os direitos intelectuais no sentido de atribuir-lhes os valores sociais, econômicos, materiais e espirituais que lhes tenham sido dados pelos ordenamentos jurídicos internacionais, constitucionais e legislativos especiais. / The object of the present study is the provision of the article 184 of the Brazilian Criminal Code, consistent on the crime of violating copyright and neighbor rights. The central idea of the research is to identify the background and the purposes of copyright violating conducts criminalization. That understanding, to some extent, reveals the dignity of the legal protected right and, allied with its potential need, justifies the maintenance of the referred provision in the legal system. In that context, the preliminary delimitation of the legal protected right under criminal law shows itself to be essential to comprehend the forbidden behaviors, as well as to the process of interpretation on a case by case basis. The topic is controversial, however, since the criminalization of intellectual property rights infringements is not in consensus among the indoctrinators around the world, as well as the effective execution of the respective penalties this is also the case in the Brazilian magistrates. The reason for that is because copyright is erroneously considered by some a sort of property right similarly to other intellectual property rights and the sole purpose of criminalization would consist on the protection of an exclusive right regarding to the economic exploitation of their creation or invention. From this analysis it was concluded that, unlike industrial property rights, copyright may not be reduced to patrimonial rights. The French system called Droit d\' Auteur, absorbed by the Brazilian legislation, seeks the protection of the author as creator - his personality and individuality - and is materialized by the granting of an exclusive right of participation in the economic use of his creation. This is, therefore, a sui generis right, given the intangible nature of its object, as well as its peculiar legal nature, which separates it from the other private rights. Hence, the threat to such rights produces, indirectly, losses for the whole of society, as the discouragement of the efforts and investments made by the creativity industry, and, subsequently, a reduction in technical, economic, cultural and social progress of the country. It was concluded, therefore, that copyright justifies a criminal protection in face of the seriousness of the injuries to the authors and the harmful consequences for the free development of the community. Also, the criminal safeguard is necessary and appropriate given the failure of other protection fields less severe, such as administrative and civil spheres. On the other hand, the normative contained in the head of article 184 it was criticized, in terms of opportunity and legitimacy. In relation to opportunity because the generic criminalization of the broad field of copyright degenerates the purposes of criminal law. Additionally, vis-à-vis legitimacy, it lacks determination - vital to the incriminating articles , since it does not minimally describe the illegal conduct in order to allow the receiver to guide his behavior. Such misunderstandings have harmful consequences to the balance of the criminal system, as well as to the concrete application of the criminal law. As a result, the creation of a legal breach has been suggested so that the practice of Justices administration allows - in some situations where the criminal punishment will result disproportionate or ineffective to minimize it, replace it or even not to consider it. Likewise, the criminal system must designate the intellectual rights in order to assign them the social, economic, spiritual and material values that have been given by international legal systems, special laws and constitution.

The Napster case has created a frenzy of controversy and confusion. The Peer to Peer technology developed by Napster creator Shawn Fanning, has forced the courts, the legislature, corporations, and individuals to reconsider the use of the Internet. Peer to peer networks create new challenges for the application of copyright law. However, these challenges are not that different from those which copyright law has evolved to accommodate in the past. Copyright law is intended to balance the interests of the creators and the public to promote the progress of science and useful arts. The premise behind copyright protection is to ensure that people continue creating, and that the public continues to enjoy those creations, through the mechanism of rewarding the creators with a temporary monopoly over their works. This balance of interests is fundamental to the interpretation of copyright law by the United States Congress and the Courts. This thesis focuses on the application and interpretation of copyright law through a case study of the law in the United States, in particular the Napster case. Although it now appears that the Internet can be subject to some form of regulation with the aid of technological innovation to enforce the regulation, the Courts in the Napster case have misinterpreted the previous judicial consideration attributed to copyright law. In essence, the fundamental principle of the balancing of interests has been lost. We are now left with an unequal balance in favor of large media conglomerates. It can be argued that the media conglomerates have used Napster as an example of their power to control the technology of peer to peer networking as a model of distribution. Napster demonstrates that peer to peer is an effective way of sharing information with an extremely large amount of people. This has the music industry scared, resulting in their legal battle to shut down the Napster technology. The claims of copyright misuse raise awareness of the need for regulation and a reassessment of copyright application in a digital age. There is a need for regulation. However, any attempts at further application of law and regulation to the Internet concerning copyright protection should consider the intent of the constitutional founders of the United States -- copyright law is intended to protect the interests of both the artists, and the public. / Law, Peter A. Allard School of / Graduate

The aim of this thesis is to present the issue of copyright infringement in cyberspace. I choose it because it is very dynamic and actual topic, connected with modern technologies. Sometimes the legislator is not able to react on new technologies properly, they are just too fast. From that reason in several chapters i am focusing on important court decisions. The work itself is divided into 7 chapters. The first chapter describes the difference between the Internet and Cyberspace. Subsequently, I define the Cyberspace and divide it into individual parts, which are described in more detail. This will allow us to better understand the space in which we are moving and what are the differences from the real world . The second chapter focuses on legal protection of copyright. It is internally divided into three parts. In the first, I am describing historical development of copyright and important international treaties. Then I am focusing on copyright on the level of European Union. Finally, I deal with domestic legislation. I explain how copyright in Czech republic looks like, and how is protected as well as how the work of authorship is protected by the criminal law. The whole chapter ends with an analysis of case law about damages by the Supreme Court. The third chapter explores digital right management....

This thesis explores the interplay between copyright and tertiary education, and their roles for sustainable human development in Ethiopia. Access to learning materials is used as a context for the exploration. Despite its recognition of development as a human and constitutional right, Ethiopia emphasizes economic growth as the core of its national development objectives. To this end, tertiary education is often considered for its instrumental role in human capital formation. Given this narrow lens of development, the thesis observes the neglect of human development as the enlargement of human capabilities. It is underscored that development-oriented copyright and tertiary education are both vital in themselves and complementary for sustainable human development. Nonetheless, their complementing roles depend upon relevant policy and legal flexibilities that facilitate access to learning materials. As a major context for the interplay, access to learning materials is essential for both sustainable creative innovation and quality tertiary education. Noting a restrictive copyright system as one of the impediments, the thesis thus inquiries into the regime and finds out the non-incorporation of relevant international copyright-related flexibilities. Adopting a TRIPs-plus approach, the existing national copyright law in Ethiopia has left out a number of legal flexibilities relevant for increased access to learning materials. Stifling creative and learning freedoms or capabilities, this has serious ramifications for sustainable human development. From human development perspective, the thesis further unveils lack of coherence in the regimes and proper orientations towards human development. Therefore, it is imperative to revisit the regimes, forge a coherence, and retract the excessive protection. A comprehensive integration of appropriate flexibilities is recommended to promote creative and learning capabilities for enhanced human development.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.

Law / LL.M.

Society’s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection