The growth of fast fashion retailers, availability of knockoff fashion apparel, and proposed apparel copyright law prompted this study. Fast fashion retailers are expanding rapidly and producing knockoffs fashion apparel in a matter of weeks, but current U.S. copyright laws do not protect apparel. The primary purpose of this study was to identify prominent visual fashion apparel attributes that could determine perceived copyright infringement. A secondary purpose was to examine the effects of fashion apparel attributes on perceived copyright infringement, perceived risk, and purchase intention. A sequential exploratory mixed method approach was used to explore the relationship between: Attributes, perceived copyright infringement, perceived risk, and purchase intention. This study consisted of a: Study one, study two, and study three. Twelve hypotheses were proposed, and five were supported. Quality significantly affected both perceived copyright infringement and purchase intention. Performance, social, and asset significantly affected purchase intention of knockoff fashion apparel.

Radim Gelner Overview of specific modes of authorial work protection including the comparison with the general mode of protection - Diploma Thesis Summary In this thesis we analyze specific modes of protection of authorial works provided by the Czech Copyright Act 121/2000 Sb. as amended. These specific modes of protection are invoked either by the type of authorial work (for example computer programs) or by legal circumstances at the time the authorial work is created (for example existing employment relationship). In the first part of the thesis we discuss the parties of intellectual property relationships. Although the author is the primary party of such relationships there are other subjects as well such as heirs, employers, licensees, movie producers etc. We briefly describe the natural rights and the property rights of the author relating to the authorial work and modes of their transferral to other subjects of the intellectual property relationships. Then we follow up with the description of authorial work as a subject of intellectual property relationships. The legal definition of authorial work is provided and analyzed as well as specifics of various kinds of authorial works and modes of its creation (such as joint-authorship). In the third part we discuss the content of natural and property rights...

Sports and Intellectual Property Law - Copyright Focus Intellectual property affects with bigger or lower intensity almost all areas of modern society, sports not being an exception. Inventions of new technologies allow sportsmen and sportswomen to reach better results and to compete in new sports disciplines. Impact of broadcasting rights and branding of teams and their sponsors were detrimental to financial grow of sports and allowed sports to become a quasi-religion for many people round the world. Audience is attending sports for mental satisfaction and other reasons similar to those for visiting theater. In antic Greek Olympics were sportsmen in direct competition with poem writers or rhetoricians. This thesis focuses on copyright ability of "Sports" itself (term "Sports" is used in this thesis as including sports moves/complexes of sports moves and sports events). In "Part 1 - Introduction" is discussed the role of intellectual property in sports and the role of sports in modern society in general but yet with more details. Farther, in part 1 are set forth definitions of terms used later in the thesis. Part 2 examines the legal possibility of copyrighting sports first from the U.S. point of view - where this matter was already brought to attention by several scholars and several papers have...

Copyright protection of computer programs This thesis deals with copyright protection of specific works of authorship - computer programs. The thesis deals with the definition of works of authorship and the conditions in which the computer program is a work of authorship, at least as a legal fiction. For the term computer program, the thesis is trying to find a suitable definition that is sufficiently general, but also accurately captures it's notion. Various known forms of expression of the computer program (source code, machine code, but also a code in an intermediate language) are described and the thesis explains, why it is appropriate to protect the computer program in any form. The thesis clarifies, why the term "software" and the term "computer program" are not identical and arbitrarily exchanging them can cause problems. Furthermore, the thesis deals with the author of the computer program and co-authorship. The next part deals with the rights of the author of the work. The exclusive rights of the author (the moral rights of the author and copyright) are discussed. The thesis describes the rights of exploitation of a computer programs, with a focus on differences againts other works of authorship. One of the rights of the author is also the right to provide an authorization to exercise the right to...

The purpose of this thesis is to deal with copyright law institutes which are applied in a theatre field. It is important to bear in mind that there is not special legal regulation of copyright law when it comes to the theatre field. The reason is most likely because of diversity within art, which is not easy to be covered by legal regulations. Also there is not enough space for theatre field as it is necessary in Czech copyright law. Another goal of this thesis is to provide audience from theatre field with information included in this work. That fact was also taken into account. Besides introduction and conclusion the thesis is devided into ten chapters. Firstly there is a list of theoretical terms which are essential for understanding the thesis and later there is analysis of specific institutes. Introducing chapter number two defines list of theoretical terms from both theatre and copyright law field. Only a few of them are explained for easier understanding of following chapters. Third chapter deals with license agreements, as it is essential term in copyright law field. Fourth chapter introduces contracts of work and consists of two subchapters. First subchapter provides information about contracts of work with intangible result which is base for second subchapter contract of ordered work. It...

This thesis focuses on European copyright legislation and its impact on national laws. The aim is analysis and description of EU legislation and relevant case of the CJEU as well as comparative study of Czech Republic, UK and Ireland. The structure of this thesis is composed by five chapters. The introductory chapter concentrates on the concept copyright and its international aspects. There is brief description of copyright and its main features with regard to the relevant international treaties. Moreover, there is analysis of differences between copyright law and authors right system. Consequential chapter deals with a development of digital technologies. It considers an influence of such technologies as the WWW on the copyright protection. This chapter closely describes an international legal instrument, which were amended in the course to respond the challenges posed by such technologies on copyright law. The third chapter covers the European Union legislation and it splits into 6 Sections. The explanation is focused on secondary law of the EU, upcoming EU legislation in field of copyright law as well as liability of the ISSP under existing EU law. The fourth chapter provides closer examination of the EU case law delivered by the CJEU. Especially, it focuses on the enforcement of copyright and...

This thesis focuses on definition of all possibilities of legal protection of design relating to the fashion industry and fashion design. Thesis defines term design, its fundamental types, typical characters and special features. Next part deals with design as the immaterial thing, as the thing in legal sense and its categorization due to adoption of New Civil Code and broader concept of the thing in legal sense differentiating on material and immaterial. From the area of forms of legal protection thesis pursues particularly protection through copyright, industrial designs, trademarks and unfair competition. Simultaneously it compares the relationship of protection through copyright and industrial designs as well as industrial designs and trademarks. Another part is dedicated to public and private legal means which designer may use providing that there is interference with his rights. Apart from specification of forms and means of legal protection, which are available in the Czech Republic, this thesis aims to describe opportunities of designer in the international area and area of the European Union. Thesis concerns registered and unregistered industrial design from the point of view of the European Union, from the international area it mentions all international agreements important for...

La qualification du contrat au regard du droit d’auteur met en exergue un renversement de la logique présidant habituellement à la construction des catégories contractuelles : les divers contrats nommés et, au-delà, tous les contrats d’auteur, sont moins définis par égard à leurs effets, à savoir le transfert de droit et les obligations qui en sont la contrepartie, que par référence à leur environnement. En effet, alors que l’effet translatif est commun à tout contrat d’auteur, sa qualification dépend avant tout de son environnement « matériel », c’est-à-dire du type d’oeuvre de l’esprit ou de droit d’exploitation visés au contrat, ou de son environnement humain, c’est-à-dire la qualité des parties, notamment celle d’auteur. À l’inverse de la qualification du contrat au regard du droit d’auteur, celle du contrat d’auteur au regard du droit civil dépend plus de ses effets que de son environnement, ce qui s’avère logique dès lors que les catégories contractuelles du code civil ne sont pas définies en fonction de ce dernier. Dès lors que la nature du droit d’auteur ne constitue pas un obstacle aux qualifications civiles, les effets du contrat constituent les seuls critères de distinction opératoires. Lorsque l’obligation d’exploiter ne peut être réduite à une obligation accessoire, la qualification de vente ne peut qu’être évincée. Les modalités de la maîtrise de l’exploitation font alors apparaître que les contrats d’édition, de représentation et de production audiovisuelle sont en réalité, le plus souvent, des contrats de bail. / Characterization of contracts in view of French Authors’ Rights Law brings out a reversal of the logic usually governing the construction of contractual categories. Various authors’ rights contracts, whether they have legally specified names or not, are more defined in relation to their environment than in relation to their effects. The conveyancing effect is common to any author contract. The mention of a price and the obligation of exploitation are commonplace in several “legally named contracts” in French author law. Therefore the characterization of an author law contract is first and foremost related to its human and material environment: i.e., the kind of creation, or the kind of authors’ right mentioned in the contract, or the legal identity of the parties, notably the identity of the contracting party as an “author”. Contrary to characterization of an author contract in view of French Authors’ Right Law, characterization of an author contract in view of French Civil Law relates more to its effects than to its environment. This is logical, since contractual civil code categories are not defined in relation to the environment of contracts. Because the legal nature of an author contract is not an obstacle to its characterization in the field of Civil Law, the effects of author contracts are the only relevant criteria for distinguishing between them. When the obligation of exploitation is not subsidiary, the characterization of an author contract as a sale contract can only be set aside. The terms and conditions of exploitation management in some author contracts underline the fact that, most of the time, publishing contracts, representation contracts, and production contracts are in fact contracts of lease.

94 Abstract The purpouse of my thesis is to provide a comprehensive overview of the issues of copyright in architecture. I tis very complex topic and orientation in it brings many difficulties not only to public. As revealed in my work, there is very few litigation on this issue, but that doesn't mean that they doesn't exist at all. However, architects or architectural ateliers mostly aren't interested in venturing into protracted disputies and the vast majority of these disputies ends with out court settlements. This behavior is understandable, since building design represents architect's livehood, they rather abates in their opinions rather than undergoing the time and economically disadvantageous battle with the investor. My diploma thesis consists of six chapters, each of them examines architectural work from a different perspective. The purpouse of the first chapter is to clarify the concept of architecture and traditional architecture, which the Copyright Act concieves just very briefly. The second chapter analyzes the characteristics of an architectural work, including the urbanistical work. Another part focuses on legal conceptual characteristicss that work must fulfill to be under the protection of copyright law. Beside that, I describe concept of authorship, co-autorship and employee work issues....

80 Abstract The aim of this thesis is to describe various ways of use of works on the Internet and method of their copyright protection in this specific environment. Because without any doubt the Internet interferes with everyday life of today's society and subsequently has a significant effect on further development of a legal system, this topic becomes very relevant. The thesis itself is divided into four chapters. The first chapter is devoted to general description of the Internet and copyright law, and contains explanation of development of this private law area in the territory of the independent Czech Republic, including list of national and international legal sources. The second chapter defines the copyrighted work and its different types according to the Czech Copyright Act, an individual author, use of the work, whether in the form of a contractual or non-contractual disclosure and also important topic of making the work available through the Internet. The third chapter analyzes the copyright protection in the private and public spheres, and technical means of such protection (DRM). The last, and with respect to the discussed topic the most important, fourth chapter deals with various ways of use of works on the Internet, including their detailed description. Downloading and uploading, legislation...