Résumé: Limits of work of copyright in visual art This diploma thesis primarily deals with the concept of copyright work in the current Czech law and its relation towards works of contemporary visual art. The main aim of this thesis is to carry out a complex analysis of conceptual features of work of copyright under the Czech Copyright Act No. 121/2000 Coll. (including key and not always properly interpreted terms such as work of art, originality, or creativity) and then to apply these features to examples of the world's major works of visual art from the twentieth and twenty-first century. Author of this thesis tries to find out whether even specific works of visual art "meet legal requirements" imposed on works of copyright and thus may enjoy the copyright protection in the Czech legal system. It is the effort to identify boundaries between works of copyright and objects which are not under the protection of copyright law what is reflected in the title of this diploma thesis. Text of this thesis is divided into two main units. The first unit, which is the core of the thesis, is called "Limits of work of copyright", the second unit is called "Limits of appropriation". In the general part of the first unit the author tries to focus deeply on theoretical inquiry about the concept of work of copyright under...

The thesis examines to what extent copyright holders can enforce the online reproduction and communication rights against online service providers in Egypt. The objective of the thesis is therefore to highlight that the existing Egyptian copyright law 2002/82 is insufficient to impose liability on internet service providers, both substantively and also with regards to enforcement. Various recommendations are thus made to improve the legislative framework in Egypt, all with a view of achieving that a fair balance is struck for all those parties, who/which are involved in digital communications, particularly online end users, so that their rights to online privacy and access to information are preserved. For this purpose, a comparative methodology has been adopted and recourse is made to US and European laws. This comparative approach is further complemented by a critical examination of existing deficiencies within the legislative liability regime for internet service providers in the US and Europe in order to ensure that foreign laws are not merely transplanted, but that the best and most suitable legislative framework is adopted by the Egyptian legislator.

This Master's thesis entitled Author rights protection organizations in the Czech Republic - their activities and presentation focuses on the area of copyright protection, especially in the field of musical work. The aim of the thesis is to provide a comprehensive overview of the current situation of collective societies operating in the Czech Republic and to compare them in selected areas of activity. The aim of the work is also to evaluate the practical functioning of the collective societies and explain some myths that are routed by the general public about the collective administration. The theoretical part of the thesis contains the definition of basic concepts, as the basis for other chapters dealing with specific collective societies, namely OSA, INTERGRAM and DILIA. This part of the thesis is based on annual reports analysis of these organizations, as well as personal interviews and written communication with these institutions' representatives. This master thesis is particularly helpful as a summary and evaluation of collective organizations' activities that are part of the culture and therefore have a significant impact on the level of Czech and other cultures.

The significant part of the diploma thesis is oriented on the aspects of audiovisual content copyright law and the illegal usage in two countries, such as Czech Republic and Russia. The main task is to concentrate on pros and cons of their copyright law protection against content rights infringing, i.e. piracy. For deeper analysis, Czech and Russian laws investigation in details is to be made in relation to the law enforcement to the audiovisual content. Then the comparison of the punishments for the copyright law infringement is to be provided and the results of antipiracy activities within appropriate organizations in mentioned countries is to be considered. Subsequently the theoretical part is to be applied in concrete cases of court practices and finally the conclusion of the whole work is to be made. The value of the diploma thesis lies in the attempt of answering the questions, why piracy still exists in the chosen countries. This question is connected to antipiracy actions and their possible obstructions.

This thesis covers the topic of copyright law in schools. It is an overview of the usage of the copyright law, especially in the practice of pupils, students, teachers and other pedagogical workers. It tries to present an integrated overview of basic rules which can be used in the educational process in the areas of creation of an original work, licenses, non-contractual usage of the original works and the liabilities for breaching the copyright law. It covers the situations when the pupils, students, teachers and other pedagogical workers are the creators of an original work as well as cases when these people want to use original works created by others. A part of this thesis are comments from practice and findings based on surveys and discussions with the pupils and pedagogical staff.

L’étude des rapports de la culture des communautés traditionnelles et du droit implique une vision large, mêlant approche comparative et internationale, car les conceptions sont variées et les instruments divers. Au Brésil, pays doté d’une grande diversité culturelle, la nécessité de la protection de la culture populaire est une demande croissante, justifiée et nécessaire. La France, de son côté, présente le double avantage d’être le berceau du droit d’auteur et de connaître, elle aussi, une part de culture traditionnelle. En outre, dès les années 1970, le mouvement international autochtone occupe progressivement une place grandissante dans les débats internationaux.Deux axes émergent alors pour tendre à protéger la culture des communautés traditionnelles. Il ressort d’abord des processus de négociations internationaux la possible utilisation des instruments classiques de protection des droits de propriété intellectuelle. A ensuite émergé, ces dernières années, une tendance à l’élaboration d’une protection spécifique de la culture traditionnelle.Dans cette perspective, l’analyse comparative des systèmes juridiques français et brésilien enrichit la réflexion sur des régimes dont la mise en œuvre effective s’avère particulièrement complexe. Cette thèse invite aussi à s’interroger sur les raisons de ce dysfonctionnement, en livrant une étude portant sur plusieurs instruments normatifs. Le résultat est une analyse à trois focales (internationale, nationale et, dans certains cas, locale) qui vise à mettre en évidence les enjeux majeurs de la régulation de la culture traditionnelle. / The study of the relationship between the culture of traditional communities and law implies having a wide perspective, combining a comparative and an international approach, as the concepts are varied and the instruments diverse. In Brazil, a country with a great cultural diversity, the need for the protection of popular culture is a growing, justified and necessary demand. France, on the other hand, has both the benefit of being the birthplace of copyright and possessing, too, a part of traditional culture. In addition, since the 1970s, the international indigenous movement gradually took a growing place in international debates.Thus, two directions rise attempting to protect the culture of traditional communities. Firstly, the possible use of traditional instruments for the protection of intellectual property rights will result from the international negotiating processes. In addition, in recent years, the tendency of elaborating a specific protection for traditional culture has emerged. In this perspective, the comparative analysis of the French and Brazilian legal systems can allow us to broaden our reflection on regimes whose effective implementation seems to be particularly complex. This thesis prompts us to question the reasons for this dysfunction by providing a study on several normative instruments. The result is a three-level analysis (international, national and, in some cases, local) aiming to highlight the major challenges of regulating traditional culture.

The issue is based on two main focuses. It records the conference reports from the “4th Liechtenstein Talks on Economic Criminal Law”, which deal in depth with various topics relating to business and compliance. This meeting was organized by the editor Konstantina Papathanasiou and can be seen as setting the pace for the current discourse on white-collar criminal law. But also other articles also found their way into the edition. An overarching focus is the discussion of artificial intelligence in whistleblowing and copyright law. This is how Markus Endres writes about whistleblowing tools such as AI-Supported Data Analysis. Clemens Danda delves deeper into AI and EU copyright law. Another article is dedicated to the topic of anti-money laundering compliance compliance in context with the trade of Art NFTs. This article complements the edition thematically with the area of criminal art law. To sum up, the issue contains a colorful bouquet of many current and future-oriented compliance aspects, takes a close look at them and provides solutions and answers

Thesis (LLD)--Stellenbosch University, 2013. / The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ensure it meets its original purpose of promoting the learning of the society. The research primarily focuses on how to broaden copyright limitations and exceptions for the public to access and use learning materials. Within the framework of the copyright law system, other mechanisms that allow users to access copyrighted materials at a reasonable price also are considered. Such mechanisms include an efficient collective copyright management system and various licensing schemes. In an information network environment, it is time for developing countries to reform copyright law in order to promote education and research. It is hoped the findings of this study not only benefit South Africa and People's Republic of China, but also provide insights and guidelines to other developing countries with similar conditions.

走過資本與勞力密集的工業時代後，全世界已邁向知識密集的新局面，在這樣的潮流下，各國無不發展知識經濟以提升競爭優勢，我國政府也開始設法將內容、創意與科技結合，積極推動數位內容產業，此外，文化創意產業同樣已成為新世紀知識經濟的主流之一，由此可知，任何產業皆須開始重視內涵與創意，而文化又是知識的累積和傳承，若能將對國家的文化認同運用於創意產業，並深入表現在國民的生活文化裡，不啻為符合環境趨勢又能造就一種新經濟形態的好方法。 有鑑於數位出版典藏成長力道之強勁，以及目前國際間無不致力從事國家典藏數位化的工作，再加上我國包括「數位典藏國家型科技計畫」等數位典藏工作之進行，和近幾年針對數位典藏各層面問題之探究所召開的多場研討會，在在顯示數位內容產業之一的「數位典藏」愈來愈受到關注，而將文物數位化保存只是起步，運用數位典藏內容素材進行加值應用從而促進數位典藏與文化創意產業的發展才是更大的價值所在，因此本研究選擇以「數位典藏加值應用」為研究焦點，且由於數位典藏內容在加值應用過程中，包括數位內容之取得、保護、利用、甚至於授權、行銷等，每個階段都與法律考量環環相扣，如何確保數位典藏內容從產生到流通的過程中，創作者受到法律規範應有的保護，又不致過度妨礙知識的擴散以激發更多創新，是值得研究的議題，因此本研究擬分別由理論面與實務面歸納出與數位典藏加值應用發展相關的重要法律議題加以分析論述。 本研究在理論面係針對「資料庫之法律保護」與「科技保護措施衍生的法律爭議」兩大主題為探討，至於實務面則以個案訪談方式瞭解典藏機構與業界加值應用的現況、所遭遇的法律問題與挑戰、以及對於未來發展的看法，最後即根據文獻資料分析與訪談發現歸納研究結論與提出建議。 本研究在進行法律文獻研讀並比較國內外法制發展之後，認為著作權法對資料庫的之保護不足，以其它方式保護亦有其限制，為促進數位典藏資料庫之建置並保護投資，以推廣數位典藏之加值應用，因此建議我國應推行以雙軌制保護資料庫之立法。至於科技保護措施的立法方面，本研究主張為適當維護數位典藏內容擁有者與加值應用者的權利，以及符合我國政府推動數位內容產業的政策目標，並順應國際立法趨勢，必須就數位環境與網路時代下之數位內容給予更有力的保護，故我國仍應立法規範禁止規避科技保護措施的行為，但必須正視美國數位千禧年著作權法案之反規避條款所造成的諸多問題，亦即未來我國立法勢必要考量公益與產業情況。 值得一提的是，本研究在訪談中發現文化資產保存法第十六條規定在適用上似與著作權法第四十三條有所衝突，應修法使得文化資產保存法的定位更加明確，惟基於促進國家整體文化發展，本研究認為屬於公有的文化資產不妨儘量傳播並供後人利用。再者，進行數位典藏工作及其後的加值應用，均須留意智慧財產權問題，且在授權方面，應儘可能取得「再授權」他人利用的權利，以便於能就利用成果再創價值，而考量到數位時代大量運用著作的需要及效率，亦應催生著作權集體管理機制之建立。 關於數位典藏加值應用的推行，進而驅動數位內容與文化創意產業的發展，本研究在個案訪談後亦有數點建議。首先應正視文化認同問題，畢竟要形成產業必須活絡消費，而其根源在於整個社會人民是否對於我國文化仍有信心與熱愛；其次當然要重視創意與內容，因為這才是消費者最終體驗的核心。 又因我國擁有中華文化且位居多元文化交融之處，以華文市場為基石並準備進軍國際，是我國運用文化內容以發展創意產業的機會所在，其它如善用行銷與通路把創意的產品或服務帶到消費者面前、加強智慧財產權教育與宣導、培養包括創意人才、A型人才與智慧財產權專業人才等，皆是產業發展的關鍵要素。 附帶說明，本研究在訪談中，發現業界對於公部門的定位不清有其憂慮，故本研究建議政府應該提供一個公平、開放，讓市場機制自由運作的環境，並應避免過度介入反而有礙產業進展。 數位典藏讓珍貴文物資產有更多重的運用空間，其後續的加值利用更是商機無限，期待在整體環境日趨健全的情況下，透過典藏機構、學界與業界的合作，能真正實現「文化產業化、產業文化化」的願景。 / As the capital-intensive and labor-intensive industry era went by, the whole world has marched toward the knowledge-intensive new situation. Under this trend, many countries develop the knowledge economy to improve the competitiveness .Our government also begins to combine the content and originality with technology and develop the digital content industry positively. Besides, the cultural creative industry has already become one of the mainstreams of the knowledge economy in the new century. Thus every industry must pay attention to intension and creativity. Culture is the accumulation and inheritance of the knowledge. If we apply the cultural identification to the creative industry and make it display deeply in people's life, it will not only be the good method that can bring up a kind of new economic form, but can be corresponded with the environmental trend. Because digital publishing and digital archiving grow up powerfully, many countries are devoted to digitizing national collections at present. Besides, our country proceeds to digitize national collections, such as ' National Digital Archives Program '. Many seminars are held with many aspects of questions on digital archiving in recent years. The above-mentioned situations show that ' digital archive ' draws more and more attention. However, the digitization of historical relics is just the beginning. The greater value is to use digital archive content or materials to go into value-added applications and then push the development of digital content and cultural creative industry. Thus the ' value-added applications for digital archiving ' is focused in this study. Because in the process of value-added applications for digital archive content, including acquirement, protection, utilizing, authorizing and marketing , many questions should be considered with the law at each stage. How to guarantee that the creator is under the protection of the law from the beginning to circulation of digital archive content and make sure that these protections will not hinder the diffusion of knowledge is the worth studying topic. Thus this study plans to generalize some important legal issues which are relevant to the development of value-added applications for digital archiving from aspects of theory and practice and then analyze and discuss them. In the theoretical aspect, this study focuses on ' the legal protection of the database ' and ' the legal dispute of the technological protective measures '. In the practical aspect, the writer collects information about the archive institutions and industry’s present situation, legal questions, challenge and views on development in the future of value-added applications for digital archiving by means of case interview. Finally, the study puts forward the conclusion and the suggestion according to documents analysis and interview finding. After studying legal documents and comparing the development of domestic and international legal system, the writer thinks that the protection of database by copyright law is insufficient and is also limited by other way. This study suggests that our government should pursue the legislation of protecting the database with the dual track approach for the sake of promoting the construction of digital archive database and protection of investment to popularize value-added applications for digital archiving. As for the legislation of the technological protective measure, this study advocates that our government must offer stronger protection on digital content under digital environments and internet era to protect the rights of digital archive content owner and those who use digital archive content to add value properly. To accord with the policy goal that our government promotes the digital content industry and comply with the international legislative trend, our country should legislate against circumventing technological protective measure in the future. Nevertheless, our government must face the questions derived from anti-circumvention provisions of the Digital Millennium Copyright Act in US. It means that our government must consider public good and industry's situation in future lawmaking. It deserves to be mentioned that this study find there is likely conflict between application to article 16 of Cultural Assets Conservation Law and article 43 of copyright law in interview. Thus our government should revise law to make the orientation of Cultural Assets Conservation Law clearer. However, in the cause of bringing about an advance of national whole culture, this study has an idea that cultural assets belong to the public should be propagated and utilized as far as possible. Moreover, it must be looked out for intellectual property right on digital archiving and its value-added applications. In terms of authorization, this study suggests that authorized people should obtain the right of 'reauthorization ' so that they can use the achievement to create value again. Considering the need and efficiency of work utilization, our government should expedite to set up the collective management mechanism of copyright. In regard to the development of value-added applications for digital archiving and then drive digital content and cultural creativity industry, this study also propose several suggestions after case interview. First, we should face the question of cultural identification. Activating consumption can form the industry and its origin lies in whether the whole society is still confident of and has deep love for the Chinese culture. Second, we certainly should pay attention to the creativity and content because those are the cores that consumers experience ultimately. Because our country has Chinese culture and occupies the place where plural culture blend, it is the opportunity for our country to use cultural content to develop creativity industry and base on Chinese-language market to march into world. The rests of suggestions such as making the best of marketing and channel to take the creative products or service to consumers and strengthening the education and propagation of intellectual property right and training including creative talent , A type talent and professional talent of intellectual property right, etc. The foregoing are all key elements of industry development. Additionally, this study found in interview that the industry is worried about the unclearly position of the common department , so the writer advise government should offer fair and open environment to let market mechanism free operate so that avoid getting involved excessivly and hinder industry's progress instead . Digital archive lets precious historical assets have more multiple application space, and its follow-up value-added application bring limitless business opportunity. We expect that the vision of ' culture industrialization and industry culturalize' can really carry out by means of the cooperation between archive institutions and industry.

After the initial excitement about the Internet as a space outside of governmental control has evaporated and courts in several states have applied national laws to ‘Cyberspace’, there is now a consensus among scholars that regulators have in principle the authority and capacity to regulate the Internet. Nevertheless, the application of the established tools of regulation - legislation and adjudication - to the current challenges to copyright regulation posed by the Internet has proven to be ineffective and produced undesirable side effects. Although market self-regulation has been suggested as a more efficacious approach to regulating the Internet and has proven effective in content regulation and Internet governance, the market has so far been unsuccessful in providing an effective and efficient remedy to the challenges to copyright regulation. The purpose of this thesis is to examine a novel approach to regulation and analyse its benefits and limitations. The novel approach defies the conceptualisation as co- and self-regulation, but introduces the solution from outside the regulated environment through entrepreneurship and innovation, and relies on the forces of the market to become effective. In this thesis, I analyse the regulatory systems implemented by two private organisations, Noank Media and Creative Commons, in China’s reportedly ineffective copyright law environment and find that their market-based and innovative approach to regulation can be understood as a form of social entrepreneurship. Social enterprises have been claimed to deliver social goods more effectively and efficiently than governmental intervention, because they are said to rely on local knowledge, to be driven by the demand of the stakeholders, and to be focused on social value creation. Based on quantitative and qualitative fieldwork with Noank Media’s and Creative Common’s stakeholders in China I analyse to what extent these two enterprises managed to successfully leverage the assets of social entrepreneurship. I conclude that while the novel approach has demonstrated the potential to produce more effective and more efficient regulation, it does not automatically result in Better Regulation. Further efforts are required to ensure participation, transparency, and public accountability, and to avoid regulatory fragmentation.