Publication details

Přínos Karla Knapa ke chráněné a nechráněné složce autorského díla

Title in English Karel Knap's Contribution to the Protected and Unprotected Component of a Copyright Work
Authors

KOUKAL Pavel

Year of publication 2024
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description The presentation examined Karel Knap's contribution to the theory of protected and unprotected components of a copyright work within the Czechoslovak and international legal context. Knap, one of the most prominent Czechoslovak copyright law theorists, defined the concept of "copyright individuality," distinguishing between general elements of a work that are not protected and specific individual expressions that are subject to copyright protection. This approach helped clarify the boundary between original creation and free elements, such as themes or general cultural motifs, with its implications evident in both case law and legislation. Furthermore, the paper explored how Knap's theory influenced the notion of originality in Czechoslovak copyright law, particularly through the concept of "statistical uniqueness." Knap emphasized that a copyright work must exhibit uniqueness that is not merely a result of common general foundations but stems from an individual creative approach. This idea is crucial for understanding why creations of a technical or functional nature, such as inventions, are not subject to the same principles of protection as artistic or literary works. The presentation aims to provide a new perspective on Knap's work and its enduring significance for modern copyright theory.
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