JŠK Legal Flash
Duchess Meghan's copyright
In the ongoing dispute between the Duchess of Sussex (Meghan Markle) regarding unlawful publication of her private letters addressed to her father, the court will deal not only with breach of moral rights but also with a copyright infringement claim. Our London colleagues argued that private letters are considered literary works and that their publication in the newspapers infringed the Duchess's copyright.
Public figures often struggle with breaches of privacy. However, it is well established that they are deemed to accept a higher degree of public scrutiny, rendering their personality claims difficult to enforce. Copyright claims, on the other hand, apply equally for all citizens. Claiming copyright infringement significantly increases the chances of the action's success and it would be worth considering applying the same strategy in similar lawsuits before Czech courts.
An employer may prohibit an employee from performing certain work only expressly
The Supreme Court recently held that the activity of an employee who remains at the workplace and continues to work despite being instructed by the employer to go home constitutes execution of a work task and that the employer is liable for a work-related injury that the employee suffers during this activity. In this case, the employee did not follow the employer's instruction to "go home" and started preparing material for his work, even though this was the responsibility of another worker. The Supreme Court ruled that such an activity must be qualified as execution of a work task because the employer can instruct the employee not to execute certain work only expressly and any other means is insufficient.
(Judgment of the Supreme Court No. 21 Cdo 2034/2019 of 21 January 2020)
The Chamber of Deputies passed a bill known as Lex Covid. What measures have been prepared for corporations?
The impossibility of holding meetings of corporate bodies, especially supreme ones, was identified as the main problem during the preparation of the bill. The solution, according to Lex Covid, will be to allow decision-making by means of the use of appropriate technical facilities or correspondence voting (per rollam) even in cases where such decision-making is not allowed in the founding legal act, for the duration of the government measures. In addition, the offices of members of elected bodies will be automatically extended (if the members do not express their disagreement), and for capital companies and cooperatives the deadline for discussing the ordinary financial statements will be extended, in both cases by up to three months after the end of the government measures (for discussing the ordinary financial statements no later than 31 December 2020).