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ASSESSING THE LEGITIMACY OF THE CHANGES OF COPYRIGHT WORKS. METHODOLOGICAL PREVIEW UNDER THE CZECH LAW (Posuzovani opravnenosti zmeny autorskeho dila. Metodicky nahled podle ceskeho prava)

100%

Telec I.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

303-311

EN

The article is devoted to the legal assessment of the legitimacy of changes in eligibility of the copyright works under the Czech law. The article is structured as a methodological guide. Part of the paper deals with the description of the changes of the work (f. i. the modification) which occurred or to occur in the future. Other questions are focused on the practical or legal reasons for the modification of the works. Finally, the issues are focused on the different factual and creative elements of the work that are affected by changing of the work and on the influence of the changes to the aesthetic value of the copyright work.

2

SELECTED ISSUES OF CO-AUTHORSHIP OF SCIENTIFIC WORKS (Wybrane zagadnienia wspólautorstwa w pracach naukowych)

100%

Nieweglowski A.

Ius Novum

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2010

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nr 2

174-188

EN

The author discusses the issue of co-authorship of scientific works. The adopted meaning of 'scientific works' is very broad, not limiting the matter to the sphere of copyright which is naturally brought to mind. Co-authorship in the discussed field is examined on three planes. The first one is copyright. The second one is intellectual property law, especially a problem whether an author of a scientific work can be treated as a co-inventor. The last, third plane, deals with the provisions of the civil code in connection with publicity rights which, among others, refer to scientific work. According to the author, not only scientific work is protected but also scientific co-work treated as a publicity right. The civil code can supplement the role of copyright and intellectual property law in this respect, protecting the interests of those authors of scientific works who are not protected by those latter acts. Discussing the issues, the author focuses on the analysis of the binding legislature in Poland. He also formulated conclusions de lege ferenda, calling for some changes in law.

3

Digitization and copyright

100%

Toszegi Z.

Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)

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2004

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tom 51

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nr 2

55-60

EN

The Hungarian Journal for Library and Information Science has several times touched upon the library-related aspects of the new copyright law. Articles published so far were written by legal experts. This time, readers are offered an explicit summary of essential copyright information for digitization activities by an author who is applying copyright rules in practice day by day. The importance of the topic is emphasised by the fact that at the end of 2003, new amendments have been made to the copyright law, which has an effect both on content provision via the Internet, and on the digitization work going on at libraries and museums.

4

Pirátské strany: nový fenomén v politice

100%

Brunclik M.

Naše společnost (Our Society)

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2010

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tom 8

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nr 1

21-29

EN

Pirate parties are new phenomena in politics. The first pirate party was established in Sweden in 2006 and inspired rise of pirate parties across the world. The aim of this article is to review discussion on pirate parties, describe major pirate issues and pirate parties' sympathizers as well as to attempt to explain the rise of pirate parties. Pirate parties may be conceived as a sort of liberal parties, which are focused on free internet, communication and unrestrained access to public information. The rise of pirate parties is related to developments of information society and information technologies, which - in spite of clear advantages - pose a risk: they might be abused against individual freedom and privacy.

5

DEVELOPING THE TRADITION OF CZECHO-SLOVAK SCIENTIFIC COOPERATION IN THE FIELD OF COPYRIGHT (WITH A MOSAIC OF PERSONAL MEMORIES) (Rozvijanie tradicie cesko-slovenskej vedeckej spoluprace v oblasti autorskeho prava (s mozaikou osobnych spomienok))

100%

Svidron J.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

287-302

EN

The author presents a retrospective view on the development of intellectual property law with special focus on the area of copyright and related rights under the influence of social changes since the sixties of 20th century to the present with the culmination into open questions of value concerning not only copyright, and intellectual property rights, but generally civil (private) law in its most recent European and international context.

6

NEHMOTNÉ KULTÚRNE DEDIČSTVO Z POHĽADU ETNOLÓGIE

88%

Luther D.

Etnologické rozpravy (Ethnological Disputes)

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2015

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tom 22

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nr 1

15 – 23

EN

The paper deals with the category of intangible cultural heritage in the UNESCO documents and its ethnological interpretation. The introduction of the term has opened a new area of research, education, access to information and intellectual property rights of traditional culture bearers. Theoretical starting point for research and preservation remains a challenge for ethnology. Ethnological research based on axiological perspective of culture does not lead to relevant understanding of intangible heritage. It is emic approach that should be applied in the study and interpretation of intangible heritage. The paper opens also the question of protection of intangible heritage, particularly traditional folk culture, in the Slovak legislation (Copyright Act). The present act does not protect property rights of bearers of tradition, but rights of authors and artists who use traditional folk culture as a source of inspiration in their creative work.

7

K NOVEJ ÚPRAVE KOLEKTÍVNEJ SPRÁVY V RUSKOM AUTORSKOM PRÁVE

88%

Dietz A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 4

395 – 410

EN

The aim of the article is to provide an overview over most significant changes, which have brought the new legal regulation of collecting societies in the Russian copyright law entered into the force by adoption of the amendment of the Russian Civil Code. The article tries to stress out advantages as well as negatives of the new legal regulation and at the same time to compare it with the previous legal regulation regarding collecting societies in Russia. An important innovative element within the new regulation of collecting societies in Part IV of the Russian Civil Code is the distinction between accredited and non-accredited collecting societies. The former have a privileged status, but have to apply for accreditation, and are supervised by a special authority. The consequences and reach of that important distinction are discussed in the article as is the general legal status of collecting societies with respect to their members (the right owners) and also the work users in the relevant fields of exploitation of protected works.

8

IMITATION OF THE TITLE AND EXTERNAL DESIGN OF THE WORK - COPYRIGHT AND UNFAIR COMPETITION PROTECTION (Napodobeni nazvu nebo vnejsi upravy dila (autorskopravni a nekalosoutezni pohled))

88%

Koukal P.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

333-343

EN

This paper concerns the issue of double protection of the copyrighted work as well as of the external design of the work. The author focuses on the copyright protection based on the Art. 45 Czech Copyright Act and its relation to the unfair competition protection under the Czech Commercial Code.

9

AUTORSKÉ PRÁVO DE LEGE FERENDA

75%

Adamová Z.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 5

459 – 471

EN

The aim of this paper is to present a scientific view on the current state of copyright in Europe and the vital and urgent need for fundamental changes to ensure the effective operation of copyright in the future. The current continental copyright, which is largely determined by EU law, does not sufficiently reflect the needs and expectations associated with the use of copyright works in a digital environment. Thecopyright law is not respected and, ultimately, it is not only contrary to the public interest, but also to the private interests of authors and other rightholders. For these reasons, for several years there has been an ongoing discussion in professional circles on the urgent need for copyright reform and the possibilities and modalities for its implementation. The aim of such an endeavor would be to achieve flexibility of copyright, balancing of interests and the overall upgradation of copyright for the new digital world. It is in this context that this paper deals with the need for copyright reform and particularly focuses on one area of copyright – exceptions and limitations in de lege lata and de lege ferenda context including the three-step test reform (proposed inclination to the fair use doctrine). The paper presents several models that will be compared with reform efforts at the EU level. In conclusion of this paper a call to realize reform changes in order to balance the interests between authors, users and third parties with a view to promoting Internet economy and competitive environment will be presented.

10

DIGITALIZATION OF THE CULTURAL HERITAGE AND ITS (PROSPECTIVE) FUTURE DEPENDING ON THE FOLLOWING OF PUBLIC AND PRIVATE INTERESTS (Slovak title below)

75%

Adamova Z.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

312-322

EN

(Slovak title: Digitalizacia kulturneho dedicstva a jej (perspektivna) buducnost v zavislosti od sledovania verejnych a sukromnych zaujmov). The article provides some considerations on copyright protection at national and European level in the context of digitalization of cultural heritage. It is focused on the interpretation of the three-step test as the most important instrument to balance private and public interests in copyright; it defines possibilities of application of copyright exceptions and limitations within national and European digital projects. The article tries to stress out that copyright is now increasingly focused on the interests of secondary right holders to protect their investment. However, neither the author should be in a position to control all uses of his work; some interference is tolerated to the extent they are justified by the interests which are overriding interests of the right holder. In this regard, it is necessary to find the lost balance between the interests of authors, secondary right holders, users and the general public. In the context of digitalization of the cultural heritage it is essential to promote the public interest - the preservation of cultural heritage.

11

VÝNIMKY A OBMEDZENIA AUTORSKÉHO PRÁVA Z POHĽADU KNIŽNÍC VO SVETLE ZMIEN AUTORSKÉHO ZÁKONA

75%

Bačárová R.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 5

528 – 542

EN

The article provides an overview of the European rules which are dedicated to the creation of a single digital market of the European Union with particular regard to the position and role of libraries in this process. It discusses the current amendments to the Copyright Act which have also amended the legal license that regulates the use of a work by the library or an archive. It points out the unresolved problems of libraries related to the use of book covers and tables of contents of the Works included in the library on-line catalogues. The article analyses the legal nature of the objects of legal protection used by libraries in their on-line catalogues and deals with the issues of works reproduction and making available to the public.

12

SELECTED ISSUES OF THE COPYRIGHT IN MUSICAL COMPOSITION (PART I.) PROBLEMS OF QUOTATION, EPIGONISM AND PLAGIARISM IN THE CONTEXT OF LEGAL PROTECTION OF A MUSICAL PIECE (Slovak title - below)

75%

Adamov N.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2009

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tom 92

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nr 4

351-363

EN

(Title in Slovak - 'Vybrane otazky autorskeho prava v oblasti hudobnej tvorby (I. cast) Problematika citacie, epigonstva a plagiatu v nadvaznosti na pravnu ochranu hudobneho diela'). A quotation of the musical piece in another musical piece is common, however, in practice it brings problems specific to this particular kind of authorial work. The topic of the quotation also relates to the distinction between quotation and allusion. Another problem is how to define academism and epigonism as phenomena which are parts of the so called everyday creativity however they do not break the law. Where epigonism is concerned, here there cannot be any consideration of responsibility for a breach of authorial right, because the protection of the Slovak law on authorship does not (among other things) relate to the method, system, principle, etc. Unlike plagiarism, which is not a means of author's creativity in the right meaning of the word and rather, other works are subject to parasitism. The author suggests that plagiarism be defined as the production of mutations of concrete material from the work of another author.

13

HARMONIZÁCIA KOLEKTÍVNEJ SPRÁVY

75%

Škreko A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 5

499 – 508

EN

The article deals with the latest legislative step of the EU Commission in the field of the collective management. A proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market could be considered as the revolutionary initiative, the final call for the harmonization of the collective management of copyright and related rights. Despite the very need of the EU legislation harmonizing the conduct of the special services provided by the collective administrators – legal persons mostly based on the principle of representation of its members and other right holders – the job seems to be completed. The proposal contains two main areas of regulation: (i) the collective management organisation and (ii) multi-territorial licensing of the music for online use. On the one hand there is a call for transparency, efficiency and responsible exercise of the collective management from the side of the collective management organisation itself targeting the benefit of the right holders and users as well, but on the other hand there is no regulation of the legal status of the collective management organisation or the supervision over the collective management exercise. The second area – multi-territorial licensing stopped also on the halfway while the regulation deals only with the music work and shall not apply to the audio-visual works, literary works and the producers rights nonetheless. However, there are two current Presidency compromise proposals and the debate is still open, so there is still chance to adjust the proposal to have the reasonable and functional harmonization.

14

FIRST YEARS OF POLISH BOOK TRADE INDUSTRY TRANSFORMATION. RECONSTRUCTION OF 1989-1995 MILESTONES (PART TWO). (Poczatki transformacji polskiego rynku ksiazki. Rekonstrukcja najwazniejszych wydarzen z lat 1989-1995 (czesc druga))

63%

Tobera M.

Przegląd Biblioteczny

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2010

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tom 78

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nr 4

429-446

EN

The author discusses milestones in Polish book trade industry after 1989 (years 1989 to 1995), recalling background facts and figures from the communist Poland (in particular second half of 1980s) and addressing current situation. The breakdown of Polish book market in 1992 is analyzed with focus - among else - on the collapse of Skladnica Ksiegarska (book wholesale company) and its impact on other book-selling companies as well as legal and ethical abuse accompanying the whole situation. The paper ends with the description of the conflict that arose during the organization of International Book Fair in Warsaw in 1993 and apprehension around the introduction of Polish daughter company of Bertelsmann concern to Polish book market.

15

FILM AS THE RESULT OF THE COOPERATION BETWEEN AUTHORS AND PRODUCERS (Film ako vysledok spoluprace tvorcov a producentov)

63%

Skreko A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

344-358

EN

Audiovisual culture is nowadays one of the most popular fields of the cultural expressions. The film industry holds very powerful instrument to address the lives of the people all around the globe and to bring them education, entertainment and information on the one hand, but also the expressions of the national cultural heritage, values and new ideas on the other hand as well. This unlimited cross-border 'movementt' of the audiovisual products that are also protected by copyright brings the legal science and the legal practice as well as the various types of questions, issues and queries that should be address and solved in order to secure the legal distribution and using of the films, audiovisual recordings and other potential protected (audiovisual) works. Other priority of the legal science in the field of the audiovisual creation can be found in the relationships inside the filmmaking process, it means the rights and relationships between the authors (the director, screenplay author(s), cameramen, performing artists etc.) and the producers (studios), especially in the connection with the further distribution of the film and the protection of the investments in the whole process. Presented study should be the 'invitation' for the further scientific discussion on the above mentioned issues. The study brings the historical comparison of the development of the basic institutes of the 'film law' and the deliberation on the main possibilities of the legal structuring of the rights and relationships inside the - what we call - audiovisual work.