Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).
The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.
AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.
The AUCI journal uses the Creative Commons license: CC BY 4.0.
Long-term archiving of the digital content of the journal is provided by Portico.
AUC IURIDICA, Vol 54 No 4 (2008), 7–20
Určení rozhodného práva pro odpovědnost vyplývající z užití díla v kyberprostoru
[Law Applicable to Non-Contractual Obligations Arising from Use of Copyrighted Works in the Cyberspace]
Jiří Čermák
DOI: https://doi.org/10.14712/23366478.2024.52
published online: 24. 01. 2025
abstract
The Article deals with applicability of the principle of territoriality, as introduced in the Berne Convention for the Protection of Literary and Artistic Works and new Regulation (EC) No 864/2007 on law applicable to non-contractual obligations (Rome II) to obligations arising from an infringement of copyright. The recognized principle of lex loci protectionis, meaning the law of the country in which protection is claimed (on which e.g. the Bern Convention and Regulation Rome II are built), stipulates that the state shall apply its own law to an infringement of copyright infringement that is in force in its territory. This rule, also known as the “territoriality principle,” requests that the courts apply the law of the country where the violation (copyright infringement) was committed. This solution confirms that the rights held in each country are independent. The key issue, however, is how the principle of territoriality shall be applied to copyright infringements committed through the Internet. An author of the article concludes that as a general rule, the principle of territoriality should be interpreted in a way that a copyright holder who complains that his work has been exploited without regard for his rights will be entitled to the protection given him by the copyright law in the country where the alleged infringement was committed. In particular, in case of communication of copyrighted works to the public over the Internet, laws of all countries from which such disseminated work can be accessed may be applied in addition to the copyright laws of the jurisdiction where a server (on which the infringing content is stored) is located. In case of downloading from the Internet, such act should be governed by copyright laws of a jurisdiction in which an end user (who initiates such download) or such end user’s computer is located.
keywords: Internet; copyright; infringement; choice of law; governing law; conflict of laws; Regulation Rome II; Berne Convention; principle of territoriality; tort; liability
Určení rozhodného práva pro odpovědnost vyplývající z užití díla v kyberprostoru is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
