Konflikt technologického vývoje a práva na příkladu autorského práva
| Title in English | Conflict of Technological Development and Law on the Example of Authors’ Rights |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Field | Law sciences |
| Keywords | intellectual property; authors’ rights; copyright; technology development; information |
| Attached files | |
| Description | The article is concerned with the influence of technology advancement on the development of legal regulation of intellectual property rights. The decision of the US Supreme Court in the White-Smith Music Publishing Company v. Apollo Company case of 1908 is a starting point and a corner stone of the whole article. Certain tendencies in the intellectual property law, which seem to be a product of last few years, are identified by the analysis of the White-Smith case in order to show that such tendencies were also present more than a hundred years ago. Firstly the dichotomy between the idea and its expression is analysed with the accent on the general issue of unique fixation of creative ideas. Secondly, a tendency called “allocation of paradigmatic responsibility” is discussed. It is a dynamic relationship of legislative and judicatory powers and their capabilities to influence the development of law in accordance with technological advancement. The last tendency discussed is the gradual widening of the sphere of activity of legal regulation of intellectual property by addition of new subjects into the complex system of both legal and non-legal relationships. All three tendencies are demonstrated using examples from recent cases and statutes. The article argues in its final part that due to the fact that all the tendencies can be found both in the recent and old cases, it is a manifestation of the design of the whole system. The system has therefore more and more difficulties with new challenges which are brought about technological development. |
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