The purpose of the thesis is to analyse the collective administration of copyright and neighbouring and relating rights, as the very title suggests. Based on the yearlong Erasmus stay in Paris, I decided to compare the Czech legislation with the legal system of France. Following after the opening, the second chapter is meant to be informative and should provide an explanation of basic concepts which the reader encounters at work. Third chapter, by a relatively brief section, describes the legal anchoring of collective administration in both jurisdictions. The fourth chapter, which is structured thematically rather than chronologically, introduces readers to the historical development of the Institute of collective management. The concept of collective administrator and analysis of its origin and status of the legal system are to be found in the fifth chapter. Chapters six and seven have an identical theme - control. The main focus is on the different types of external and internal statutory control of collective administrators. First of all, it is an external control exercised by the Ministry of Culture. The same principle of control is also applied in the French legislation, but there is a possibility of a much wider control mechanisms. Chapter eight concentrates on the core object of collective...

- Collective administration of copyright and neighbouring and relating rights Key words: collective administration; copyright This thesis is focused on collective management of copyright and related rights carried out in accordance with copyright law and EU law. The aim of the manuscript is to explain this topic and to provide a review of collective management and its modification in accordance to European law. The thesis is divided into eight chapters each containing a specific aspect of collective management of copyright and related laws. First chapter is dedicated to the basic definition and concept of collective management and the anchoring and adjustment in the Czech legal order. Moreover, there are discussed the purpose and effectiveness of the institute of collective management, the conditions imposed on the collective administrator and how collective administrator authorization is declare and finally, progress and possibilities of supervision over collective management. Second chapter is focused on the activities of collective administrator. The most important work obligations of collective administrator are analyzed e.g. blanket and collective licenses and also the management of revenues from collective management. Third chapter deals with the object of collective management and...

- Collective administration of copyright and neighbouring and related rights Key words: collective administration (kolektivní správa); copyright (autorské právo) This thesis is focused on the collective administration of copyright and neighbouring and related rights performed in accordance with Act No. 121/2000 Coll., on Copyright, as amended (the "Copyright Act"). I have chosen this topic for my thesis because I am interested in collective administration and because it is up-to-date topic for its close relation to the development of new ways of creation, production and use of works, to the mass use of computer and communication networks and also to the on-line sharing of works through the internet. The purpose of my thesis is to provide explanation of the collective administration and focus on certain issues which are not yet solved by the legal regulation and are not consistently interpreted by legal experts. This thesis is composed of nine chapters, in which I address to the concept, function and history of the collective administration. Further, I describe the institute of the collective administration, i.e. prerequisites and method of grating license for its operation and supervision over its operation. I also mention which rights is the collective administrator entitled to administer and how...

This thesis deals with collective administration of copyright and neighbouring and relating rights with focus on comparison of Copyright Act Amendment (Act No. 102/2017 Coll.) and previous effective law and collective administration in the nightclub and music bar area. The aim of this thesis is to describe the collective administration, including its purpose and its categories. It also focuses on collective administrators and includes a summary of collective administrators in the Czech Republic. The further aim is to compare Copyright Act Amendment, which became effective during finalization of this thesis, and previous effective law. The thesis is divided into five chapters. The first chapter, which is structured chronologically, is about the development of the collective administration in the world and in the Czech Republic. The second chapter compares previous effective law regarding collective administration and Copyright Act Amendment. It includes a core, a purpose, principles and categories of collective management. It focuses also on an institute of the collective administrator and describes requirements and a method of grating license for its operation and Ministry of Culture supervision. I also mention relations between collective administrators and users, collective administrators and...

- Collective administration in Copyright Law (including considerations de lege ferenda). Keywords: collective administration; copyright law. The purpose of my thesis is to analyse the collective administration of copyright and neighbouring rights ("collective administration") in the Czech republic under the Act No. 121/2000 Coll., on Copyright ("Copyright Act"). The thesis is composed of seven chapters. Chapter One is introductory and includes basic definition of collective administration, its goals, models of administration and the current applicable law in the Czech republic. Chapter Two examines the main activities of copyright collecting societies in two parts. The first part focuses on the blanket licensing while the second describes the internal rules according to which the fees collected by copyright collective societies are distributed among the interested parties. Chapter Three is subdivided into three parts and provides an outline of rights that can be collectively administered. The first part describes the mandatory collective administration of rights. The second part focuses on the so-called extended collective licensing. The third part describes the voluntary collective administration. Chapter Four concentrates on the copyright collecting societies in four parts. The first part focuses...

Collective administration of copyright, focusing on the unjust enrichment from the collective rights manager's point of view Key words: Collective administration, copyright, unjust enrichment This master's thesis is focused on the collective management of copyright in the Czech Republic and it especially focuses on the issue of claiming an unjust enrichment from the colletive administrator's perspective. The main aim of the theses is to introduce the aforementioned and systematically discuss the legal adjustments and the functioning of the institutions on both theoretical and practical levels. The theses is divided into two imaginary halves, the first half focuses on the collective administration of copyright in general terms, the second half deals with the enforcement of unjust enrichment by the collective administrator itself. The thesis is divided into ten chapters. The first chapter deals with the basic definitions of the concept of collective administration and it's inclusion into the Czech legal system as well as the definitions of the basic concepts and issues used in this area of law. The second chapter briefly discusses the history of collective administration in the world as well as in the Czech Republic. The third chapter describes the rights which are the subject of collective...

CoordenaÃÃo de AperfeiÃoamento de Pessoal de NÃvel Superior / ABSTRACT The basic question directing this research was: How do the public schools at primary and secondary levels in the State of Cearà that have the Development School Plan (DSP) respond to a constitutional demand that the principal of Democratic Management be applied in all public schools. The inclusion of democratic management in the Federal Constitution of 1988 was something rather new as no other federal document had included it. The study tried to verify the existence of effective collegiate participation in school management in the public state schools of CearÃ. It also tried to discover what level of relationship existed between these same schools and other departments in the State Secretariat of Education (SEDUC) and the regional centers for educational development (CREDE). The research was carried out through non structural interviews with representative members of school councils in 82 of the state schools. Personal observation of the manner in which these councils met and functioned was also carried out. The interpretation and explanation of what was discovered was based strictly on the principles of hermeneutic phenomenology. Seven distinct categories were presented as concrete expressions of democratic school participation: the notion of participation, the participation of different segments of the school and local communities, the decisions made at council meetings, the number of meetings held, the difficulties involved in participation for various segments of school management, the organizations present in the school management, and the relationship between the school, CREDE an SEDUC. We concluded that contrary to what was idealized the working together of members of school management and local communities, the mechanism used the system simply did not work. / RESUMO Ponto fundamental norteou este trabalho: como as escolas pÃblicas do Ensino Fundamental e MÃdio da rede pÃblica do Estado do Cearà e que tenham PDE â Plano de Desenvolvimento da Escola, respondem ao imperativo constitucional que estabelece o princÃpio da gestÃo democrÃtica do ensino pÃblico. A inclusÃo da gestÃo democrÃtica do ensino pÃblico na ConstituiÃÃo Federal de 1988 foi uma inovaÃÃo, jà que nenhuma outra carta anterior o fez. Mesmo a legislaÃÃo infraconstitucional de procedÃncia federal nÃo consignou o tema como um princÃpio a ser adotado. Este estudo se circunscreverà a verificaÃÃo de existÃncia de participaÃÃo efetiva do colegiado escolar na gestÃo das escolas pÃblicas estaduais, e saber qual o nÃvel de relacionamento dessas escolas com outros ÃrgÃos do sistema (Secretaria de EducaÃÃo do Estado â SEDUC e os centros regionais de desenvolvimento da educaÃÃo - CREDES) A pesquisa baseou-se em dois tipos de levantamentos de dados. No primeiro, entrevistas de carÃter nÃo estruturado com os membros representativos de conselhos escolares de oitenta e duas escolas. No segundo levantamento, foram feitas observaÃÃes do funcionamento das reuniÃes desses colegiados. As interpretaÃÃes e explicaÃÃes dos achados foram feitas com base nos princÃpios estritos da hermenÃutica fenomenolÃgica. Sete categorias distintas, mas intimamente relacionadas, foram enunciadas como expressÃes concretas da gestÃo democrÃtica â a idÃia de participaÃÃo, a participaÃÃo dos diferentes segmentos da comunidade escolar e local na gestÃo da escola, o referendado nas reuniÃes dos conselhos, o nÃmero de reuniÃes realizadas pelo colegiados, as dificuldades na participaÃÃo dos vÃrios segmentos na gestÃo da escola, os organismos escolares presentes na gestÃo da escola e a relaÃÃo da escola com o CREDE e a SEDUC. Foi possÃvel constatar que, ao contrÃrio do que se idealiza sobre a convivÃncia entre membros da comunidade escolar e local, os mecanismos adotados pelos sistemas nÃo lograram bom termo.

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...

The purpose of my thesis is to analyse the recent development of collective administration of rights (CRM). I have chosen this topic because of its actual impact and current changes on the field of CRM. The growing importance of the Internet and of digitisation technologies is opening up new possibilities for distributing creative content online. This is not in harmony with territorial principles of administration of right in Europe. So, there are challenges which can change the way how CRM cooperate and compete. First chapter briefly describes collective administration of rights in Czech Republic. Second chapter is focused on public licences concretely Creative commons. Their impact on CRM is unexceptionable and the national legislature has to react on this new phenomenon of licensing of copyright works. The goal of this chapter is to introduce that public licence, describe their compatibility with Czech law system and draw attention to problematic paragraphs which blocks simple and lawful way how to use them. Digitalization project such as Europeana open up the orphan works problem which is due by the fact that new digital media provide unprecedented opportunities for reutilizing 'old' existing content. There is a huge problem of right clearance of copyright and related rights which can influence...