Year: 2025
Type: article
Abstract: On December 1, 2000 the Act No. 121/2000 Coll., on Copyright, Rights relating to Copyright and Amendments to other Acts (Copyright Act) entered into force. After more than 35 years it supersedes the original copyright regulation (Act No. 65/1965 Coll., on literary, scientific works and works of art, in wording of subsequent provisions /Copyright Act/) and represents very progressive norm responding to the continually accelerating technical and technological development in the field of creation and use (understand the impact of the phenomena of so called “Information society”) of author’s works with a very marked accent to an achievement of full compatibility with the right of European Union in the sense of a reflection of a series of relevant directions of the Community and other documents of international law from the sphere of the copyright protection. It is a completely new provision from the point of view of contents and also conception regulating not only the copyright and rights relating to copyright but also the right of compilers to the databases created by him and also the field of protection of rights and collective administration of copyrights relating to copyright in the past solved in a separate act. The continental conception of copyright remains preserving but in comparison with the original purely monistic conception there is dualistic, respectively quasi dualistic conception of personality and property rights the basis at present. Important is the legal definition of some meritorious terms of copyright (f. e. the author as an individual person), the definitions of which were the subject of doctrinaire interpretations up to now. In accordance with the right of community we observe the strengthening of legal safeguard of subjects of copyright relationships, apart from other things also with respect to the principle of contractual freedom (compare the original strict and non-flexible regulation), what leads in its consequence to the possibility that the author can treat the property rights in the framework of granting (constituting) authorisation to exercise the right to use the work (licence) in conformity with his will. Also the regulation of the protection of computer programs and databases is in principle identical with the conception of the right of the European Union. In addition to the traditional instruments of the protection of copyright, there is also possible to use subsidiary other general legal provisions, especially (in conformity with the German law) the provisions for protection against unfair competition. In conclusion is to state that the new copyright manifests that it is a norm based consistently on the European context, creating extremely compatible milieu for protection of results of intellectual creative activity in global European space.
Source: AUC IURIDICA
Author: Jan Kříž
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407523723