| Abstract [eng] |
The title of this master's thesis is Change of Copyright Protection Limits in the Context of Decisions of the European Law Department under Ministry of Justice (Web Definition of a New Part of Society and Issues of National Court Jurisdiction). The objective of this thesis is to investigate and assess the qualification of publicity and validity of the „new public“ criterion and its effect on the EU copyright system. „New public“ is being analyzed not only in the context of the internet but also including other types of use of work protected by copyright. The first part of thesis is dedicated to analyze notion of „publicity“ in a broad sense by finding out how it is being interpreted in the EU legislature, rulings of ECJ, and jurisprudence opinions. Furthermore, it is being examined how publicity reveals itself in separate rights of copyright, to be exact – distribution, communication to the public and public performance. Second part of thesis consists of EU legislature and the ECJ rulings analysis in order to find out the rise and evolution of a „new public“ criterion. It is important to reveal the beginning of this criterion, changes done to it by the EJC and a future outlook of how this criterion would change the protection of copyright. Furthermore, the effects on national court’s jurisdiction are being analyzed. With respect to the fact that the subject of this master's thesis is fairly complex and wide, the second part of thesis is being ended with a subsection that concisely gives the most important information in order to receive a better understanding of the subject. |
