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...

Author's Contract Law The aim of the thesis is to analyze legal regulation of license agreements within the legal branch of "droit d"auteur", or "author"s right". The main object of interest is typified license agreement, which serves as a standard contractual type to exercise authors" economic rights to their works. Recently issued Czech Civil Code shall become applicable on January 1, 2014. Unlike the currently applicable Civil Code, which leaves the regulation of license agreements to special acts, the new code includes provisions which regulate license agreements for the whole area of intellectual property, i.e. author"s right, as well as industrial property. This regulation is in line with a tendency to unite provisions that deal with license agreements, since a unification process concerning contract licenses within author"s right, has already happened with the enactment of the current authors" code in the year 2000. A comparative review of the current "droit d'auteur' and future civil regulations of author"s type license agreement takes a significant part of the thesis. Chapter 1 lists general principles and respective sources of law for further analysis. Chapter 2 deals with traditional civil and common law approaches to author"s right and copyright respectively and approaches existing...

License Agreement in copyright - abstract Copyright according to Czech laws is based on dualistic conception that means we distinguish moral rights from property rights of authorship. In the Czech Republic only the property rights are transferable and can be a subject of license agreement. The thesis is dedicated to description of license agreement according to current legislation with regards to modern trends related to internet network. First chapter describes briefly current legislation related to copyright and license agreements concerning domestic laws, international treaties and rules of European law. Second chapter is focused on division of licenses in general and afterwards deals with attributes of the license agreement. The short notice is made about protection of the author as a weaker contracting party. The most important part of the thesis is contained in the third chapter of the thesis. It explains requirements of the license agreement demanded by Act. No. 121/2000 Sb., the copyright act, and focus on the other arrangements which may the license agreement contain, i.e. security, option right. Last but not least the space is dedicated to reward for author and to description of public offer of the license agreement and its unaddressed acceptation. Chapters 4 and 5 focus briefly on publishers...

- CONTRACTUAL COPYRIGHT LAW This theses deals with contracts in copyright law. Its main aim is to describe legal regulation concerning most frequent types of contracts in copyright law and to compare the regulation of these contracts as it was before the recodification of Czech private law, which was done by the new civil code, with the state after it and to mark out main terminological and conceptual changes, which have some connection to contractual copyright law. The work consists of eight chapters. The first chapter contains a brief overview of domestic sources of contractual copyright law. The second chapter explains some basic concepts of copyright law which have some relation to the contractual law - the concepts of authors' rights and prohibition of its transfer to other person and terms of license and consent in copyright law. In this chapter reader also finds subchapters on new legal definition of things and ownership in the new civil code and how these new definitions influence copyrighted works and license agreements. Chapters three to eight describe the legal regulation of the most important types of contracts in the contractual copyright law. The third chapter is the core of the work. It describes in detail the license agreement. It points out irregularities of contractual process in...

Agreements and contracts within Copyright Law This thesis examines the Contractual Copyright Law, which is a part of the Intellectual Property Law. The aim of the thesis is to analyze the valid legislation dealing with license agreement in the Czech Republic. The thesis is composed of eleven chapters. Chapter One is introductory, it explains the importance of the Copyright Law and briefly describes the structure of the thesis. Chapter Two examines the sources of the Contractual Copyright Law on Czech, European and international level. Chapter Three provides the initial introduction to the Copyright and Intellectual Property Law in general. It explains specific terms of this branch of law, such as "the work" and "constitutive transfer of rights", which are crucial for understanding of the topic of thesis. Chapter Four describes the License Agreement itself and the legal relationship arising out of it, its purpose, subjects, object and content, while chapter Five examines the ways of classification of License Agreements. Chapter Six concentrates on problems of principles governing the License Agreement and its elements. Chapter Seven deals with the transfer of the license and chapter Eight with the special ways of a legal relationship termination based on the License Agreement. Chapter Nine contains...

Summary: Software Licensing The thesis deals with different practical aspects of commercial software licensing from the perspective of the Czech legal system. The focus is put on software license agreement as the most important legal instrument granting rights of use for computer programs. The thesis opens with a summary of Czech legislation in force in this area in the context of European community law and international law. The legislation in effect is largely governed by the Copyright Act. Coming into effect from 1st January 2014, the software licensing agreement legislation moves into the New Civil Code. The thesis deals with the changes arising from this transition. The fifth chapter considers the regulation of pre-contractual liability in the New Civil Code as it is especially important in protecting confidential infor- mation in pre-contract negotiation. In summarising the issue of software licensing, the thesis builds on the elements of legal relationship. It examines the roles of licensee and licensor, the two parties of software license. The text also deals with cases where a licensor of creative work is a different from the creator of the work. The role of licensor can be assumed by a legal successor or by a party authorized to exercise property rights to work made for hire. The next part explores...

Trademarks and their practical use in economic competition The aim of my thesis is to highlight both the possibility of practical use of trademarks in economic competition and the problems associated with use of the trademarks. The thesis is divided into five main chapters. . The first chapter defines which label may or may not become a trade mark and also describes the registration procedure. In this charter I also point to the current conservative approach concerning sound and smell trademarks and try to suggest a possible future legislation, because in my view the trade mark law is constantly evolving and it is necessary to adapt it to the future market needs. This issue is discussed from the national, european and international point of view. The following chapters concentrate on particular ways of use of trademarks in economic competition. The emphasis is placed mainly on two areas - license agreement and protection against unfair competition. The license agreement is currently the most common means by which the industrial rights are transferred. For this reason I try to outline possible problems arising from a conclusion of a license agreement and from its duration; with reference to the current legislation. Very interesting, but in my point of view, rather controversial opinion was expressed...

Analysis of dissertation is focused on problematic aspects of trademark license agreement that exist throughout the conclusion, validity and termination of a contract. Problematic aspects are understood as legal interpretation cases where common and special norms have to be interpreted taking into account specifics of a contract object (right to a trademark). Problematic aspects are conditioned by two reasons: non comprehensive regulation of trademark license and sui generis nature of a contract. Those aspects are related to registration of license in trademark register, legal status of parties of license agreement, right to a trademark (its validity and modifications), transfer of a right to trademark, competition law, delimitation of trademark license agreement from other types of agreements and other problematic aspects. It is concluded that trademark license registration system does not correspond to the tendencies of modern trademark law anymore and registration system should be transformed by refusing of license registration as a condition to use license against third parties, however, leaving a possibility to register license if any of the parties wish to do so; right to apply to a court should be broadened for a non-exclusive license; licensee should not be per se deemed acting unfairly if he takes an action to revoke a trademark that is being license to him because of non use or invalidate it is because of non compliance to absolute grounds; absence of quality... [to full text] / Disertacijoje nagrinėjami prekių ženklo licencinės sutarties probleminiai aspektai, egzistuojantys licencinės sutarties sudarymo, jos galiojimo ir pasibaigimo metu. Probleminiai aspektai darbe suprantami kaip sutartį reglamentuojančių teisės normų aiškinimo atvejai, kuriems esant bendrąsias ir specialiąsias teisės normas būtina aiškinti atsižvelgiant į sutarties objekto (teisės į prekių ženklą) specifiką. Probleminiai aspektai yra sąlygojami dviejų priežasčių: neišsamaus licencinės sutarties reglamentavimo ir sui generis sutarties pobūdžio. Tai aspektai, susiję su sutarties registracija prekių ženklų registre, su sutarties šalių teisiniu statusu, su teise į prekių ženklą (jos galiojimu ar modifikavimu), šios teisės perdavimu, konkurencijos teise, licencinės sutarties atribojimu nuo kitų sutarčių ir bei kiti probleminiai aspektai. Darbe daromos išvados, jog prekių ženklų licencinių sutarčių registracijos sistema neatitinka šiuolaikinės teisės tendencijų ir licencinės sutarties registracijos kaip sąlygos sutartį panaudoti prieš trečiuosius asmenis turėtų būti atsisakyta, tačiau paliekant galimybę registruoti sutartį vienos iš sutarties šalių valia; siūloma išplėsti neišimtinio licenciato teisės kreiptis į teismą ribas; pažymima, kad licenciato veiksmai ginčijant jam licencijuojamą ženklą remiantis absoliučiais ženklo negaliojimo pagrindais ar dėl ženklo nenaudojimo neturėtų būti laikomi savaime nesąžiningais; licenciaro atliekamos kokybės kontrolės licencinėje sutartyje... [toliau žr. visą tekstą]

Context Spyware is “computer software that obtains information from a user's computer without the user's knowledge or consent” [25]. Spyware is often embedded in another application and is usually stated in End User License Agreement (EULA) [20]. However it is quite common to accept the EULA without even reading it. Therefore beside the traditional spyware analysis techniques, automated EULA analysis can be helpful for common users in order to identify the spyware [18]. Objectives The techniques of automated EULA analysis do exist however the process of taking a binary application, analyze it, and prepare it in order to extract the EULA has not been studied in existing research. There is a need for such a tool that can extract and analyze the EULA text from an installer binary without executing it. Objectives of this research are to investigate the techniques to unpack the binary file, extract the EULA, analyze it and present the analysis results to the end user. Methods In order to establish basic understanding of the related concepts preliminary study is done. In this study a number of article sources are used, including ACM Digital Library, Compendex, Inspec, IEEE Xplore, and Springer Link. Material has been selected after reading titles and summaries. Prototype of an open source tool is designed and developed. This tool extracts the EULA from executable binary installers, analyzes the extracted text and gives suggestions about legitimate level of the software. Results To evaluate our application we downloaded 150 executables from different web sites, which were already classified as bad or good by [23]. We used our tool to extract EULA text from executables. We were able to extract EULA from 48 percent of selected binary files. Analysis of extracted EULAs was also done to classify the software as good or bad. This analysis assists the user to make a decision to accept or reject the installation of software without reading even a single word of EULA. During the extraction and analysis process there was no significant impact on performance of the host system. Conclusion We conclude that EULA can be extracted from a binary file without executing it. However because of limited time it was not possible to extract EULA from all installer binaries. The rate of EULA extraction can be improved in future research.

Contractual copyright law The theme of this dissertation is the contractual copyright law. Its main purpose is to describe the most important contractual types in the area of copyright law and the most important changes that Act No. 89/2012 Coll., Civil Code, brought in relation to contractual copyright law as well. The thesis consists of nine chapters. The first chapter contains a brief overview of the most important sources of the contractual copyright law. The second chapter is focused on the copyright law and its specifics and also defines other concepts from the area of intellectual property. The third chapter deals with the impact of recodification of private law on the contractual copyright law. It is about the concrete changes, which influence the contractual copyright law significantly, both directly and indirectly. Besides other things, there are described the changes concerning licence agreement, contract for work, a new conception of a thing and adjustment of principles of the contractual law. The fourth chapter concentrates on the specifics of the transfer of author's right, or the legal prohibition of its transfer respectively. The fifth and the sixth chapter are about the legal regulation of licence agreement. The fifth chapter describes the term of licence in general and some its...