Aktuální otázky práva autorského a práv průmyslových 2023

ABSTRACT

The first chapter of this publication explains basic considerations on the issue of artificial intelligence in relation to copyright law, with a focus on AI voice models used in dubbing, as well as the issues of development, training, and further use of AI tools and their implications in the copyright area, the possibility of creating copyrightable subject matter and rights to them, and related liability. In line with the objectives of the research, the purpose of this chapter is also to reflect on the extent to which the existing concept of copyright protection and its level can stand up today in the digital age, the age of artificial intelligence, so as not to devalue it and endanger legal certainty. By the beginning of year 2023, one of the so far most comprehensive amendments to the Civil Code, commonly known as the consumer amendment due to its primary objective, came into force. The transposition of Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services - somewhat overshadowed by the changes in the area of consumer protection – was carried out by this amendment, largely by introduction of a new contractual type into the Civil Code: the agreement on supply of digital content. The second chapter explains its new regulation. At the beginning of last year, an amendment to the Czech Copyright Act came into force. This amendment transposed the Directive of the European parliament and of the Council on copyright and related rights in the Digital Single Market and the Directive of the European parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes. The third chapter aims to acquaint the reader with the original text of Article 17 of the Directive, to summarise the transposition process of the both aforementioned directives and, in particular, to provide an overview of the changes that the implementation of the aforementioned Article 17 of the Directive has brought to Czech copyright law. On March 24, 2022, CJEU issued a judgment concerning the question of whether and how the private copy remuneration applies to situations where the reproduction is not made on a physical medium, but on a storage located in the so-called cloud, i.e., on an internet server of a third party, which provides internet storage to users for a fee. The fourth chapter presents how the recent regulation in the Czech Republic will fare in the light of the above-mentioned conclusions of the CJEU and how the Czech legislator should react. Using a simple example, it shows that the current regulation is unsatisfactory and incapable of reflecting the reality of cloud technology. Finally, the last chapter analyses new EU Regulation No. (EU) 2023/2411 in the field of geographical indications for non-agricultural products. Within the context of already existing traditional and robust protection in the Czech Republic, it formulates

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