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1

Copyright abuses in the world of electronic documents

100%
Senkei-Kis Z.
Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)
|
2007
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vol. 54
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issue 3
103-108
EN
Copyright protection for electronic documents - which aims to protect the interest of many while hurting the interests of an even larger number of people - has been one of the most controversial issues related to recent copyright debates. In article, the author calls the attention to two typical cases of copyright infringement: copyright breaking relating to databases and abuses relating to file sharing.
2

Legal regulations in full-text on the Internet. Freedom of information in electronic environment and its consequences for libraries

100%
Karoliny E.
Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)
|
2006
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vol. 53
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issue 5
238-241
EN
Due to the recent entry into force of the Act No. 90 of 2005 on the electronic forms of the freedom of information, many changes have occurred in the availability and distribution of Hungarian legal texts. This article presents the new databases published in 2006, and offers an overview of the most important Internet sources on the Hungarian legislative process, as well as past and present law.
3

INTERNET OFFENCES RELATED TO COPYRIGHT LAW

63%
Wisniewski A.
Studia Prawnicze
|
2005
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issue 4(166)
135-140
EN
In the Polish penal law all crimes related to computer using are provided in the Penal Code (art. 165, 267, 268, 269, 278 par. 2, art. 287, 293) and in Copyright Law (1994). Since 1997 the Polish penal law is consistent with the provisions of Recommendation R. (89) 9 of the Committee of the Ministers of Council of Europe. Scope of the provisions of Polish Copyright Law on computer-related crimes was narrower then the WIPO Copyright Treaty. The author shows legislative aspects of ratification of the Treaty and TRIPS Agreement and analyses rules referring the offences of violation of copyright law in Internet after change of Copyright Law in April of 2004. In conclusion, he indicates that Polish legislation is consistent with copyright treaties, especially with WIPO Copyright Treaty.
4

Technologies controlling the use of digital contents protected by copyright

63%
Toszegi Z.
Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)
|
2006
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vol. 53
|
issue 10
447-456
EN
Digital Rights Management technologies intend to detect, hinder or block unauthorized use of digital works protected by copyright. Not only information professionals must get familiar with these technologies: DRM is becoming an important topic of discussion in the everyday life too. This paper aims to answer various questions that have emerged in connection with the practical use of digital works protected by any of the DRM technologies.
5

New strategies in the electronic services related to intellectual property

63%
Bakos E., Haszonits A.
Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)
|
2008
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vol. 55
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issue 11/12
505-510
EN
The development trends in information services related to intellectual property are driven by the innovation policies of the economically most developed countries and the European Union. Therefore, information service providers are fostering closer partnerships with the industrial sector and with various players of the innovation process. Over the past decade, support to innovation based on information services related to industrial property has gained increasing importance in the innovation policies of international intellectual property rights organisations.
6

C) and CC): two different cultures?

63%
Drotos L.
Tudomanyos es Muszaki Tajekoztatas ( Scientific and Technical Information; Hungarian journal of library and information science)
|
2006
|
vol. 53
|
issue 4
159-167
EN
With the widespread use of digital technologies, the balance of the distribution and use of creative works started to lurch. Producers and consumers of cultural products equally feel that the new technologies and the legal stipulations reflecting the old approach have led to the restriction of their rights. The debate between supporters of copyright and those of copy left is sharpening. Libraries, whose mission has been and will always be to ensure free access to scientific and cultural information by all users, while respecting the relevant legal regulations, may become victims of this debate. The study sets out the factors that have provoked the copyright problems of the digital age. The author also outlines possible solutions to be lobbied for by the libraries in order to fulfil their preservation and service tasks while protecting fair use. An interesting initiative is Creative Commons, already introduced in Hungary too, that aims to advocate free culture besides traditional permission culture.
7

PROTECTION OF THE COPYRIGHT VERSUS PROTECTION OF THE COMPETITION (NOT ONLY) IN THE VIEW OF EU COURTS' CASE LAW (Autorskopravna ochrana versus ochrana hospodarskej sutaze (nielen) vo svetle judikatury komunitarnych sudov)

51%
Kralickova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
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vol. 93
|
issue 4
390-398
EN
The aim of the article is to determine the common and distinct features in the relationship between the copyright law and competition law. In this point of view, those cases are stressed in the article, in which it can come to concurrence between both branches of law. The copyright law and intellectual property law as well, includes in itself an exclusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised those cases, when it can come to anticompetitive behaviour on the market and that by concluding agreements restricting competition or by abusing a dominant position on the market. Those cases are especially those, when contractual terms in the licences are able, after fulfilling special circumstances, to restrict the competition. Collective management organizations of copyright and related rights are also not allowed to perform those activities, which can lead to separation of the market. Effective disclosure of the anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.
8

K MEZINÁRODNÍM MAXIMŮM PRÁVNÍ ÚPRAVY OSIŘELÝCH DĚL

51%
Prchal P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 5
509 – 516
EN
The article describes and surveys the nature of orphan works issue and international maxima of orphan works legislation. First, the author describes a topicality of this issue and finding its resolution in the recent international context. Further, the author describes the nature of the orphan works issue and its relation to international maxima. Then the author surveys international maxima of the orphan works legislation which is based on statutory exception from the perspective of the three-step test, the international maxima of extended collective licensing from the perspective of the prohibition of formalities. Finally, the author brings the reader orphan works legislation contained in the Appendix of the Berne Convention and its significance. In conclusion the author reiterates the essence of the issue of orphan works in a societal context.
9

RELATIONSHIP BETWEEN COPYRIGHT AND ECONOMIC COMPETITION - PERMANENT CONFLICT? (Vztah autorskeho prava a hospodarskej sutaze - permanenty konflikt?)

51%
Kralickova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 6
508-520
EN
The aim of the article is to determine the common and distinct features in the relationship between the copyright law and antitrust law. In this point of view, those cases are stressed in the article, in which it can come to concurrence between both branches of law. Copyright law and Intellectual property law as well, include in itself an exlusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised cases, when it can come to anticompetitive behaviuor on the market and that by concluding agreements restricting competition or by abusing of a dominant position on the market. Those cases are especially those, when contractual terms in the licences are able, after fulfilling special circumstances, to restrict the competition. Collective management organizations of copyright and related rights are also not allowed to perform those activities, which can lead to separation of the market. Effective disclosure of anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.
10

IMMATERIAL PREJUDICE AND ADEQUATE SATISFACTION UNDER UNFAIR COMPETITION LAW AND COPYRIGHT LAW (Nemajetkova ujma a primerane zadostucinenie v prave nekalej sutaze a v autorskom prave)

51%
Vozar J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 4
323-332
EN
The article deals with the issue of immaterial prejudice. It refers to the theoretical definition of this term. It further analyses conditions of the financial compensation for immaterial prejudice in decision-making practice of Slovak and Czech courts in the area of unfair competition law and copyright law. In this area of law the decision-making activity of a court plays a very important role, therefore the stability in decision-making practice and the stability of criteria for determination on the amount of compensation for immaterial prejudice are crucial.
11

BALANCING INTERESTS IN PARODY CASES (Vyvazovani zajmu pri posuzovani pripadu parodii)

51%
Salamoun M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 4
259-268
EN
While the copyright law contains parody as one of the forms of legal licences, the problem at hand is to define what parody is. The parody as such is a derivative work derived from another copyright. To create parody involves, in legal terms, the use of the original copyright. Due to the legal licence, this can be performed without consent of the author of the original piece of work, but it remains necessary to observe general terms and conditions concerning the use of copyright and which are required in connection with the legal licences. One of the conditions is the use of the copyright in the scope that is limited to what is necessary. U.S. law practice, with a number of cases having been dealt with, shows that limitation of such scope brings up a number of issues. Historically, we can see that an author of parody can use gradually larger and larger parts from the parodied work.
12

VEREJNÝ ZÁUJEM V AUTORSKOM PRÁVE. VÝNIMKY A OBMEDZENIA – REŠTRIKTÍVNE?

44%
Husovec M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 5
472 – 498
EN
The aim of this paper is first, to point out, in our opinion incorrect, author-centric wave of restrictivism concerning the interpretation of copyright exceptions and limitations, and also illustrate its conflict with public interest in the copyright law. Second aim is to illuminate several existing internal and external legal instruments that can help the courts to rectify lot of these conflicting situations and thus defend the public interest. Third and last aim is to propose, within current Union law framework, the most flexible provisions for expected new Slovak Copyright Act.
13

KOLEKTÍVNA SPRÁVA PRÁV VERSUS SÚŤAŽNÉ PRÁVO Z HĽADISKA NAJNOVŠÍCH LEGISLATÍVNYCH SNÁH NA ÚROVNI EURÓPSKEJ ÚNIE

38%
Králičková B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 5
517 – 527
EN
The contribution deals with some basic thoughts on application of the competition law on the area of collective management of copyright. In this regard it analyses latest legislative initiatives on the level of EU law, especially the 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 – COM (2012) 372 (hereafter as “Directive”). Attention will also focus on the arguments which will be in the favour/in contrary of new Directive proposal and on potential risks, which can arise in the future. As a biggest potential risk seem to be in this matter the necessity of more intensive competition among each individual collecting society on the market. Contribution focuses on several important aspects, which need to be assessed very sensitively and which need to be taken into serious consideration in the process of approval of the new Directive proposal. Important aspect in this regard is traditional aim of existence of collecting societies connected with protection of cultural heritage and change of its perception, which the new Directive proposal brings. Subsequently the contribution deals with questions, whether the more intensive competition among collecting societies will be a positive advantage of the Directive proposal, especially with regard of improving the quality of rights´ management. At the same time the contribution focuses on new tasks for collecting societies, with which they will need to cope in the future after the final approval of the Directive proposal.
14

MEDZIGENERAČNÝ POHĽAD NA VÝVOJ PRÁVA DUŠEVNÉHO VLASTNÍCTVA V SLOVENSKO-ČESKEJ VEDECKEJ SPOLUPRÁCI

32%
Švidroň J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 4
307 – 312
EN
The article briefly summarizes history of the development of the Intellectual property law within the mutual Slovak and Czech scientific cooperation, especially focusing on the period of transformation after the year 1989. Slovak legal science had stepped into this process fully ready since the 1990 and had properly reflected new European and global challenges of that time (EU, Council of Europe, WIPO, WTO etc.). The author who was at that time actively involved into this process (by his scientific, pedagogical activities as well as within the framework of active international cooperation), nevertheless after more than twenty years he claims not only positive, but also some negative results of this process. He stresses their importance and offers them as a new challenge especially to the new generation of legal scientists in this field. (Paper prepared for Olomouc Days of Law, Palacky University, Olomouc, Czech Republic, 24th – 25th May 2012)
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