Le contrat de gestion collective est un acte qui a toujours suscité réflexion et qui demeure un mécanisme original. Son étude devait, en premier lieu, permettre d’en identifier la nature juridique. Qualifié d’« autorisation de gestion » par l’ordonnance n° 2016-1823 du 22 décembre 2016 et d’« apport » par la quasi-totalité des statuts desgestion collective, celui-ci permet d’organiser l’exercice collectif des droits d’auteur. L’examen de son objet, de ses finalités, ainsi que de ses effets, aussi bien à l’égard des parties qu’à l’égard du droit transmis en gestion, était nécessaire, pour découvrir sa structure juridique, ainsi que sa dynamique. Aussi, la présente thèse propose de retenir une qualification unitaire à l’égard de ce contrat particulier, pratiqué désormais depuis des siècles, et qui conserve la particularité de mettre en exergue les nouveaux modes d’exercice de la propriété, et singulièrement de la propriété intellectuelle. / The contract of collective copyrights management is an act, which has always been source of doctrinal reflection and which remains original in many aspects. Studying this mechanism required to identify its legal (judicial) nature. Qualified as an “authorization of management” by the ordinance n° 2016-1823, from the 22th December 2016, and as a “company contribution” by the articles of these companies, it allows organizing the collective exercise of copyright which is usually individual. The assessment of the object, of the use, as well as the effects on contracting parties and on transferred rights was necessary to discover its legal framework and its own dynamism. The purpose of this thesis is to underline its originality of this contract, which brings to light the fact of new ways of the exercise of property, and singularly of the intellectual property.

Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...

Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...

Diploma Thesis Abstract The aim of this thesis is to summarize the relevant means of protection of a computer program. My intention was to think and consequently write about the past and present of legal protection of computer programs of all sorts, aiming especially on czech status quo of this protection. The main source of rules was and still is the czech Author Act, but I've also tried to analyze other, mainly european, laws. Together with history of a computer program my goal was to put before-mentioned into a broader context. At the beginning of the thesis, after the explanatory and historical part, in the chapter about the subject matter of author law, the computer program, I'm trying to delimitate the differences between source and object code. In the process of writing this thesis, I've tried to summarize the relevant means of use, especially the action of installing a program, legal means and connotations of this process. Also I wrote about distribution of a computer program regarding author rights. Consequently I'm briefly analyzing the relatively fresh decision of Court of Justice of the European Union, which is about protection of a graphical user interface of a computer program. In the two final chapters I'm describing the issues in licensing of software and various available legal actions to...

Higher education has experienced challenges defining and implementing copyright compliance. Confusion among faculty and staff appears to be common regarding copyright and fair use. The original copyright doctrine was drafted over 200 years ago, which predates practically all technological advances that have and will continue to occur. Change is slow and onerous with most legislation; there is not much possibility the small amendments made to the law will be able to keep pace with the continual technological evolution. Further, judges are citing precedents in court rulings of copyright disputes that were made using the best interpretation of the law, even though those earlier adjudicators had nothing concrete upon which to base decisions. The cycle of loose interpretations further exacerbates the copyright and fair use problem involving technology. Moreover, this concern has been magnified due to the digital nature of lesson delivery most learning institutions are adopting today. The rapid, widespread move toward online learning methods creates an entire set of copyright and fair use circumstances that extend beyond the traditional, face-to-face pedagogical issues. Invariably, schools will be left to attempt to decide what will be considered legal and safe, often by trial and error, until clearer, universally accepted guidelines can be created. A group consensus for best practice was achieved over three rounds of surveying with the help of a Delphi panel highly experienced in copyright laws. Opinions converged early during the process, where proper fair use assessment was one of the major themes appearing during the first round. Respondents also agreed future educators will undoubtedly continue to struggle with fully understanding the intricacies of fair use. An overall consensus reached for many questions was sufficient for answering the proposed research questions and drafting a list of recommendations for technological fair use. The outcome should add to the existing knowledge base, given the limited number of studies that have been conducted regarding the complexities of copyright topics in distance and online education. Recommendations for further investigations encourages researchers to continue where this effort ends to remain current and compliant with the ubiquitous changes in technologies.

Die Nutzungsrechtseinräumung in Deutschland und die cession in Frankreich sind Urheberrechtsverträge, die eine Verwertung des Monopolrechts des Urhebers durch einen Dritten ermöglichen. Häufig will der Urheber über sein Urheberrecht die Kontrolle behalten und der Inhaber von Nutzungsrechten hat ein Interesse an einem Nutzungsrecht, das bestandskräftig ist und ihm erlaubt selbst gegen Verletzer vorzugehen. Dieser Interessenkonflikt spielt bei der Bestimmung der Rechtsnatur der Nutzungsrechte, die diese Verträge vermitteln, eine große Rolle. Im Hinblick auf eine weitergehende europäische Harmonisierung des Urhebervertragsrechts wurde im Rahmen der vorliegenden Arbeit die Rechtsstellung der Inhaber von Nutzungsrechten in Deutschland und Frankreich unter Berücksichtigung der Frage, wie in diesem Verhältnis der Urheberschutz umgesetzt wird, untersucht. Ausgehend von dem in Deutschland anerkannten Dualismus zwischen Schuld- und Sachenrecht folgt aus den Drittwirkungen eines Rechts dessen Qualifizierung als schuldrechtliches oder dingliches Recht. Aus diesem Grund wurden eventuelle Drittwirkungen der im Wege der Nutzungsrechtseinräumung bzw. cession vermittelten Rechte anhand von vier Fallkonstellationen betrachtet, in denen sich die Frage nach der Rechtsnatur dieser Rechte besonders prägnant stellt: die Verletzung des Nutzungsrechts durch Dritte, die nachfolgenden Verfügungen über das Urheberrecht, der Zusammenbruch einer Vertragskette und die Insolvenz des Rechtegebers. / The Nutzungsrechtseinräumung in Germany and the cession in France are copyright agreements which allow a third party to exploit the monopoly right of the copyright owner. Often the copyright owner wants to retain control over his copyright and the owner of rights of use has an interest in a right that is strong and allows him / her to take action against infringers. This conflict of interests plays a big role when determining the legal nature of the rights conveyed by those contracts. With regard to a further European harmonization of copyright contract law, the legal status of the holders of rights of use in Germany and France was examined in the present work, taking into account the question of how the protection of the copy right owner is implemented in this relation. Based on the dualism, accepted in Germany, between contract and property law, third-party effects of a right determine its legal qualification. For this reason possible third-party effects of the rights conveyed by a Nutzungsrechtseinräumung or cession have been examined in four situations, in which the question of the legal nature of those rights arises: the infringement of the right of use by third parties, the subsequent dispositions of copyright, the collapse of a chain of contracts and the insolvency of the initial owner of the rights of use.

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The text explores the challenges that generative AI poses to EU copyright law, focusing on two main issues: the use of copyrighted materials in developing AI models and the publication of generated digital content. The inquiry assesses the applicability of existing copyright exceptions for tasks like data mining, temporary reproduction, and database rights during the development of AI models. For the publication of generated content, the focus is on determining conditions for legal recognition as a derivative work. The text argues that generative AI falls under the flexible concepts of Arts. 3 and 4 CDSMD, with potential support for AI models generating marketing or entertainment content. However, existing exceptions do not fully support the generative AI development process. Commercial deployment of generated output may not be covered by exceptions, and its classification as a lawful derivative work depends on further clarification from the EU legislator or CJEU. The text suggests that non-authorial output should be allowed as derivative works, considering the low threshold for originality and recognizability criteria. To be lawful, derivative AI works should incorporate original parts that fade into the background, with personal style not protected by copyright but considered in an adapted derivatives test. Fair remuneration is proposed for generative AI services to address economic impacts on creatives.

The aim of this study was to investigate the various reasons consumers continue to infringe on copyrighted content, specifically in the South African context, even if the law forbids it. This investigation is two-fold since it also recognises that there are many individuals who do not infringe on copyrighted content even though they have access to peer-to-peer file sharing technology. This information could prove valuable since it can then be used to find comprehensive market-led solutions to the problem that targets the end-user. This study adopted a mixed method approach in order to cross validate findings and to reveal aspects of empirical reality. The target population for this study consisted of 100 adult South Africans who have access to the internet. Data was collected through an online, self-administered questionnaire. Quantitative data was analysed through descriptive statistics, while qualitative data was analysed through thematic analysis. The results show that there are variety of factors that influence respondents’ attitudes towards copyright infringement of films and/or television series through peer-to-peer file sharing technology, each of which is discussed in detail. The study concluded by identifying 24 factors that favourably influence people’s attitudes towards copyright infringement, including high prices of legitimate goods, historical inequality in South Africa, and perceived low risk of being caught and punished. Based on the conclusion above, the study recommends that policy makers such as government officials, boards of directors, managers, committees, and executives use the results of the study when making decisions and determining policies, especially in the South African context. / Communication Science / M.A. (Communication Science)