Title in English: Copyright, Public Domain and Human Rights.
The book deals with the issue of the non-protected parts of copyrighted works in the view of constitutional law protection. Firstly, the author focuses on the copyright-free elements of the author's works in the context of the commons. Based on the conclusions of Peter Drahos and Alexander Peukert we can divide the commons into two separate groups: goods which belong to nobody (Gemeinfreiheit, negative commons), and goods which belong to everyone (Gemeinschaftsgüter, positive commons). The last category (works excluded from copyright protection due to the requirements of public interest; Sec. 3 of the Czech Copyright Act) includes two not very cohesive groups of human creations. While official works (laws, governmental regulations, court or administrative decisions) can be considered as collective goods belonging to all (positive inclusive commons), "works of traditional folk culture" are common goods that do not belong to anyone. The author deals with three methodological approaches to the copyright-free elements: the method of balancing competing interests, the method of distinguishing between individualized and non-individualized elements, and notably the method of balancing fundamental rights and freedoms (proportionality test, practical concordance).
