DRCZ309 Copyright and legal form of theatre

Theatre Faculty
Winter 2024
Extent and Intensity
1/1/1. 2 credit(s). Type of Completion: graded credit.
Teacher(s)
Mgr. Ondřej Glogar (lecturer)
JUDr. Lenka Valová (lecturer)
Guaranteed by
prof. PhDr. Václav Cejpek
Theatre Management and Stage Technology Department – Dean’s Office – Theatre Faculty – Janáček Academy of Performing Arts
Supplier department: Theatre Management and Stage Technology Department – Dean’s Office – Theatre Faculty – Janáček Academy of Performing Arts
Prerequisites
The student has completed at least 4 semesters of studies in theatre dramaturgy or theatre directing and has basic knowledge of practical dramaturgy, directing and theatre operation.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
To acquaint the student with the problems of authors' and performers' rights as well as related relations in the field of intellectual property rights protection so that the student is able to understand the current copyright legislation and is able to apply the legislation to specific situations in the artistic field. The student is thus able to independently search for an adequate form of the necessary contractual relations between users and copyright holders and to prepare documents for the preparation of the relevant license agreement. They are able to communicate with the management of an art institution and art agencies (collective administrators) in order to secure the copyright of artistic works.
Learning outcomes
Knowledge: The student will gain a basic overview of copyright issues in the field of dramatic arts from the position of the author, performer and user. Skills: The student will be able to search for adequate uses of the works or artistic performances under consideration. The student is able to find appropriate licensing of these user rights. In negotiations with agencies and collective administrators, the student is able to formulate precise requirements and assess the optimality of their proposed solutions. Competence: The student is an informed copyright holder and can negotiate the required contractual relationships for the use of another's rights.
Syllabus
  • The subject is taught in the following units using the appropriate teaching method:
    I. Intellectual property rights - definition of basic copyright concepts with regard to the students' major field of study of dramaturgy and directing by means of an overview of the basic stages of the process of creation of a work of art and its possible uses with the help of analysis of concrete examples from practice
    II. The scope of personal and proprietary rights of authors - after a guided analysis of the legal text, students solve the given specific situations of assessing the protection of the rights of the author, translator, producer and adaptor of the work and the performer with an emphasis on the specific position of the director
    III. Free use of works - analysis of the issue of use for personal (operational) use and gratuitous legal licenses, using concrete examples the student is led to identify common and especially borderline situations of free use of works
    IV. Licensing Agreements - after getting acquainted with the obligatory and the most common optional elements of licensing agreements, students are guided through the analysis of specific contractual texts to understand the reasonableness of their use in order to realize the necessity and indispensability of knowledge of copyright issues for the full and responsible fulfillment of artistic intentions
    V. Collective management of copyright - after prior self-study of the available documents of DILIA, OSA, INTERGRAM and AURAPONT, students are guided to find the differences between the agency activities of these agencies and their performance of compulsory and voluntary collective management using the general principles of model solutions of author-user-state relations
    VI. Legal Forms of Theatre Establishment - a description and basic evaluation of possible legal forms of theatre establishment leads students to the learned application of the methodology of theatre establishment in practice
Literature
    required literature
  • Zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon). 2000. info
  • SRSTKA, Jiří. Autorské právo v divadle. 2. vydání. Praha: Leges, 2022, 141 pp. ISBN 978-80-7502-582-1. info
    recommended literature
  • CHLOUPEK, Vojtěch and A KOL. Smlouvy v divadelní praxi. 1. vyd. Praha: AMU, 2013, 233 pp. Management umění - umění managementu. ISBN 978-80-7331-293-0. info
  • Licenční prvky Creative Commons Česká republika online www.creativecommons.cz
  • Michal Šalomoun Ochrana názvů, postav a příběhů uměleckých děl, C.H. Beck Praha 2003. info
  • JOHNS, Adrian. Pirátství - boje o duševní vlastnictví od Gutenberga po Gatese. 2014. info
  • Milan Kundera Nechovejte se tu jako doma,příteli, Atlantis 2006. info
  • Hana Krejčí Typy právních forem profesionálních divadel v České republice a jejich vliv na řízení divadla,. info
Teaching methods
Lecture, independent work with the legal texts, heuristic methods.
Assessment methods
For the award of classified credit, the student submits a seminar paper in which they present an author's solution to a real dramaturgical plan of a selected Czech theatre. For each title of the dramaturgical plan, the student demonstrates the readiness to argue the possibility of obtaining licences of use from all the copyright holders concerned and presents a realistic way of obtaining them from the respective collective administrators and artistic agencies, or from the artists themselves or their heirs. This seminar paper is a simulation of the situation that a graduate of the discipline will actually find himself in when creating and adopting a dramaturgical plan for a theatre.
Part of the evaluation includes the student's overall activity in seminars and attendance ( a student is required to attend at least 80% of the seminars).
Language of instruction
Czech
The course is also listed under the following terms Winter 2014, Winter 2017, Winter 2019, Winter 2020, Winter 2021, Winter 2022, Winter 2023.
  • Enrolment Statistics (Winter 2024, recent)
  • Permalink: https://is.jamu.cz/course/difa/winter2024/DRCZ309