Publication details
Člověk jako dílo ve smyslu autorského zákona
| Title in English | Man as an Authorial Work within the Meaning of the Czech Copyright Act |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | This article concerns the issue of the perception of human appearance and its possible copyright protection. The author discusses the difference between copyright protection and general personality rights. In this context, he mentions the difference between the object of private rights (an intangible thing in the legal sense) and the subject of rights (human being). On the basis of the Eva & Adele litigation, which was decided by the German courts, the author concludes that a person's appearance, however original, forms part of the human personality and is protected by general personality rights (§ 81 and § 84 of the Czech Civil Code), not by copyright. Individual artistic applications using the artist's original appearance, for example in the form of specific paintings, sketches, dramatical plays, gags, etc., may be protected by copyright. In addition, the protection of photographs or audiovisual works may also be considered. However, a person's appearance, which he or she normally uses, nevertheless forms part of his or her personality and is thus subject to the protection of general personality rights. |