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Hana Schelová Bachrachová: Copyright, AI, and the Boundaries of Digital Freedom

The guest of Episode 10 is JUDr. Hana Schelová Bachrachová, Ph.D., LL.M., an attorney and university lecturer specializing in IT law, cybersecurity, and the digital environment. She serves as a guarantor of the courses Foundations of Law and Cybersecurity at Unicorn University and is also the author of books on social etiquette and professional conduct.

What is this episode about?

✔ How Hana Schelová found her way to law and IT law specialization
✔ How IT law differs from — and aligns with — traditional law
✔ What developers should watch out for when building apps and digital projects
✔ How copyright works in the digital world
✔ How to respond to the misuse of photos and online content
✔ How the law is dealing with AI, deepfakes, and tools like ChatGPT
✔ Common legal myths among students
✔ Why law, ethics, and social etiquette are closely connected

Hello and welcome to another episode of the Unicorn University podcast. Today, we’ll be talking about law, information technologies, and etiquette. Our guest today is Hana Schelová, an attorney who, among other things, specializes in IT law. She is also the guarantor of the courses Fundamentals of Law and Cybersecurity at Unicorn University.
Hana, welcome to our podcast—we’re very happy to have you here.

Hello, thank you for the invitation.

What led you to IT law, and what do you enjoy about this field?

I would probably start by saying that coincidence has played a major role in my life. I was never the type of person who dreamed of studying law or becoming a lawyer from an early age—not at all.
When I was in elementary school, for reasons I can’t quite explain, I fell in love with the idea of becoming a diplomat and studying diplomacy. At that time, the typical path was to complete a university degree in the humanities—ideally law—and then continue at a diplomatic academy. I wanted to go to Vienna.

So I started studying law. And the more I got into it, the more I started to enjoy it. I eventually stayed with law without really knowing what I wanted to do with it.
Again, more or less by coincidence, I got into legal practice, passed the bar exam, and then—once again by chance—I moved into IT law. And yet another coincidence eventually brought me to Unicorn.

How does IT law actually differ from traditional law? Is it about applying the same principles and laws in a different—IT—environment, or is IT law truly specific?

In fact, both are true. IT law is specific to a certain extent, but at the same time it’s important to say that the term “IT law,” or information technology law, is very broad. It can include working with computers in general, but most of the specific issues and challenges arise mainly in the area of internet law or, more broadly, in cyberspace.

From a legal perspective, the internet is something that is not very precisely defined. Law works with concepts such as subjects, objects, legal relationships, and so on, but the internet itself does not have a clear legal definition. That’s why we rely on general legal principles. You could say that the internet is a certain space or network in which we operate, and over time it has become clear that existing legal regulations can be applied quite well in this environment too.

A typical example is a purchase contract. If I conclude a purchase contract online, I still use the purchase contract as defined in the civil code. There is no need to create a completely new type of contract or a new legal regulation. Of course, there are certain specifics—which most of us know from everyday practice, for example when shopping on platforms like Alza. These include contracts concluded at a distance, consumer protection, the right to withdraw from a contract within fourteen days without giving a reason, and so on. But the basic principle remains the same: one party delivers the goods and transfers ownership, the other pays. Just like in the so-called “real” world.

The same applies in criminal law. We have statutory definitions of criminal offenses, typically fraud, which is very common in the internet and cyber environment. Fraud consists of misleading someone in order to gain a benefit. We are all familiar with this today—fraudulent emails, SMS messages, fake requests for passwords. The media report on these scams almost every day.

From a legal point of view, it is not that important whether the fraud takes place on the internet, in cyberspace, or face-to-face in everyday life. The legal definition of the offense is the same. If it happens, for example, over the phone, it may fall under telecommunications law, which again can be considered part of the broader field of IT law.

So generally speaking, IT law is based on the same principles as traditional law, but it applies them to a new environment. And that is precisely why the concept of IT law is so broad.

What should students or developers pay attention to when creating their own application or project?

That’s again a very broad question. The key thing is to realize in what position and relationship you are creating the work. If I create something as an employee, the situation is relatively straightforward from a legal perspective – by entering into an employment contract, I also transfer my copyright to the employer. The employer can then sell, distribute, and otherwise exploit the copyrighted work that I create as a programmer or developer. For me, that means I follow my work duties, go to work, have social security, and generally don’t have to deal with the legal aspects in much detail.

The situation changes significantly if I decide to do business – that is, to work as a developer or IT specialist as a freelancer, or to set up my own company. In that case, I need to be careful about many things. I must comply with all regulations related to doing business, such as trade licensing laws, tax regulations, and the general rules of civil law. In essence, it is standard business activity – there are no major exceptions just because it is IT.

If I am creating computer programs, it is important to know that a computer program is always considered a copyrighted work. That means copyright law applies. And one very important rule is to have everything agreed on in writing. A typical situation looks like this: someone approaches you to create a website or an application, offers attractive money, everything sounds great, so you jump right in without thinking about signing anything or clearly agreeing on the conditions. You start working, deliver part or all of the project, and then the client says it’s not what they imagined and refuses to pay.

At that point, you may want to defend yourself, but without evidence it is very difficult. If I have nothing in writing – for example, no agreed price, deadline, or scope of work – it’s hard to prove what we actually agreed on. That’s why I always tell students: having things in writing is the absolute foundation. It doesn’t have to be a complex contract. I understand that people in IT often don’t like contracts, and sometimes it feels awkward, especially if it’s a friend or someone you know well.

But even simple written communication is enough – an email, a WhatsApp message. For example: “So it applies that I’ll build the website for you and you’ll pay me half a million?” If the other party replies “yes,” at that moment you have a contract – and most importantly, written evidence that can be used in court if a dispute arises.

Do you encounter myths or prejudices about law among students?

I don’t think so, actually. Interestingly, I feel that older people are more likely to be afraid of law. I often ask students whether they are afraid of law, what their attitude toward it is, or whether they would be afraid to go to a lawyer. And today’s students usually say no – that they wouldn’t be afraid to go to a lawyer.

Perhaps there is still a lingering myth that law is boring and that lawyers are dull people who just sit and write documents. Of course, there are lawyers who do their work mainly for money, and there are also those who don’t really do the legal profession much honor. But that exists in every field.

I try to show students that law is actually not boring. To some extent, it’s a bit like a sport – you represent one side, one team, and you try to “win.” You have to look for arguments and strategies, but at the same time you must follow the rules of the game, which are the laws. Sometimes you try to push the boundaries slightly, but that’s exactly where a good lawyer or advocate should tell you how far you can go while still staying within the law.

I think this perspective resonates with students. And I have to admit that they often tell me that law started to be fun for them thanks to my classes.

That’s great!

Someone once even told me that they were looking forward to the exam with me.

I actually wanted to ask – how do you like teaching at Unicorn University, and what do you enjoy most about it?

What I enjoy most is definitely the interaction with young people. I like the overall environment of the school – not just the students, but also my fellow lecturers, the department, the study office, and the entire operation. I think it’s a great team. We support each other, help each other out, and I don’t feel any competition here. Everyone does their own work, and the atmosphere at the university is excellent.

Teaching itself depends a lot on the students. There are semesters when students are rather passive, don’t engage much, look at their laptops or phones, and you don’t really know whether they are taking notes or doing something completely different. In those cases, teaching is harder – it’s not bad, but it’s just not the same.

And then there are semesters like this one, when the group is excellent. Students ask questions, discuss, we sometimes go off-topic, they bring their own practical examples. The classes are lively, interactive, and very practice-oriented. And that’s what I enjoy the most.

At that point, it doesn’t even feel like work anymore – it’s more like a conversation. And that’s wonderful. Young people also bring different opinions and fresh perspectives. We have international students here as well, for example from Slovakia, so we can compare experiences, talk about differences in law, or share experiences from abroad. Every class is different – and that variability is what makes it so enjoyable.

I understand. Hana, copyright law in the digital world is often quite complicated. What should every creator—such as a graphic designer, developer, or web author—know?

I already touched on this a bit in the previous question. Copyright law, not only in the digital world, is indeed very complicated. I believe it is one of the more complex areas of law, mainly because it deals with something intangible. It concerns intellectual property, which is then expressed in a tangible or objectively perceptible form.

When I buy a book or a computer program, I’m not primarily interested in the physical book, the binding, or the medium itself, but in the content. A computer program is considered a literary work, because it is written, and therefore it falls under copyright law and the provisions related to literary works.

From the creator’s perspective, what is crucial—again, as I mentioned earlier—is to pay close attention to the contractual relationship when creating something. Ideally, a licensing agreement should be concluded, or at least the order should be confirmed in writing. Such an order should always clearly specify the deadline by which the work must be completed. This helps avoid later problems, such as contractual penalties or disputes over delayed delivery. Very often, clients refuse to pay precisely because a deadline was not met.

It is equally important to have the price or remuneration clearly agreed upon. These are absolutely essential elements that should always be documented in some form.

As for copyright itself, it always belongs to the author—that is the basic rule. However, in the case of computer programs and some other types of copyrighted works, there are exceptions where the economic rights are exercised by the client, meaning the person who commissioned the work.

Overall, copyright law is a very complex area of law, so I wouldn’t go into all the details at this point.

I can think of a practical example: what if someone publishes my photograph without my consent—one that I have on my private profile? How can I defend myself and how should this be handled?

Publishing a photograph from a private profile, typically on social media, has two legal dimensions. The first is the protection of privacy. If someone publishes my likeness without my consent, they may be infringing my personality rights under the Civil Code. Protection of one’s likeness is also one of the fundamental constitutional rights—an image of a person may only be published with their consent.

The second dimension is copyright. If I have a photograph on my profile that I took myself—for example, a picture of swans on a lake or a sunset—it is a copyrighted work. Copyright arises automatically, regardless of whether the photograph is considered artistic or not. If I wanted to monetize the photograph, exhibit it, or share it with someone, that is my right as the author. If someone else publishes it elsewhere without my consent, they are infringing my copyright.

So it always depends on whether the issue concerns a violation of privacy—publishing someone’s likeness—or a violation of copyright, or potentially both at the same time.

How can one defend against this? In general, the first step in the legal system should be to notify the person who infringed the right. Often, people are not even aware that they are acting unlawfully. Even today, many people simply don’t know that such behavior is not allowed. So I would first inform the person that they are violating my copyright or my right to privacy and ask them to remove the photograph.

However, a frequent problem in cyberspace is anonymity. We often don’t know who the person is; they use a nickname and are difficult to identify. In such cases, it is possible to contact the platform itself—for example, Facebook. These platforms provide forms for reporting rights infringements. Once reported, the platform should remove the content.

If the platform fails to do so, it is possible to pursue legal action against the service provider, which is often easier than dealing with an anonymous individual. But this is quite a broad topic—feel free to come to my classes, I’d be happy to explain it in more detail.

Thank you. And how do you think today’s laws are coping with the rise of tools like ChatGPT?

That is another major legal challenge. Artificial intelligence, ChatGPT, and similar tools raise many new questions. As I mentioned earlier, I don’t think it will be necessary to create entirely new, special laws for AI. Rather, it will be about applying existing legal principles to new technologies.

If criminal offenses related to AI were to arise, existing criminal law would apply. Another major topic is liability—who is responsible for the actions of artificial intelligence. We already face similar questions today with autonomous vehicles. If a self-driving car crashes, who is responsible? The manufacturer, the operator, or someone else?

In law, responsibility must always be assigned to a specific person or entity. New technologies are therefore gradually fitted into existing legal frameworks. Technology develops much faster than law, which must go through a legislative process. As a result, law often lags behind technological development. For us lawyers, this means that new technologies constantly bring new challenges and surprises.

I can think of a very concrete example—I vividly remember a video where a well-known public figure was made to “say” things they had never actually said. It was a video, which makes it even more convincing. You look at it and think: this must be real. Something like this appeared earlier this year at the Slavík Awards—in the case of Eva Farna. In that instance, however, it was done with her consent.

The real question is what happens when something like this is done without the person’s consent. In such a case, I would again start by notifying the person responsible.

But here we encounter one of the fundamental problems of cyberspace and the internet in general—its lack of territorial boundaries. The internet is a global environment. The person responsible could be located somewhere completely different, for example in India. And in that situation, Czech law may not even apply to their actions.

This is one of the major challenges of cyberspace: legal violations occur globally, across borders, and assigning legal responsibility becomes very complicated.

That sounds quite frightening, but let’s move on to something more pleasant. I learned that you studied law in Passau and that you speak legal German. How did this experience influence your professional practice?

I completed approximately one year of studies in Passau, which concluded with an LL.M. degree. It’s somewhat comparable to an MBA, but in the legal field. The main goal was to gain basic knowledge of German law and, above all, to learn legal German. That was definitely the greatest benefit for me.

Even before that, I had the opportunity to compare European legal systems—German, Czech, and others. These systems developed historically in parallel, but they are still different. We can see this even between the Czech Republic and Slovakia—although we originally shared the same laws, the systems gradually adapted to different conditions.

What surprised me at the time was that studying in Germany was more practically oriented. The textbooks contained many examples, although it was still a traditional university system based on memorization. In this regard, I think Unicorn University is different and much more practice-oriented.

Any experience with studying or living abroad is extremely valuable. I also tell my students this—if they have the opportunity to go on Erasmus or another exchange, they should definitely take it. It enriches you for life.

I also learned that besides legal texts, you have written books on social etiquette. What led you to that?

Again, it was a coincidence. Before studying in Passau, I lived in Austria, where I went already during high school, shortly after the Velvet Revolution. I lived with family friends in a very conservative, Catholic, and aristocratic environment. Many of the people I met there were members of the nobility or church officials.

In the 1990s, etiquette wasn’t really a topic in the Czech Republic, so I learned it there. Sometimes I felt like Julia Roberts in Pretty Woman, learning how to eat properly. But I adapted quite quickly.

Later, I met an author of books on social etiquette and started intervening a lot in his texts. I was actually even more conservative and strict about certain rules because of my upbringing. Eventually, we started writing together, and several books were published.

Of course, social behavior has loosened significantly over time. I must say that in this area we were somewhat overshadowed by Ladislav Špaček. Some passages are very similar to ours, which again touches on copyright—but we never commented on it publicly.

Do you see a connection between etiquette and legal culture, for example in professional communication or business meetings?

Definitely. When people think of the legal world, many imagine an office with leather chairs, a lawyer in a suit, perhaps with a cigar and a glass of cognac. Law firms still cultivate this image to some extent—through their offices, clothing, and overall presentation.

As lawyers, we have a code of ethics that also governs our behavior and appearance. For example, we are not allowed to wear short skirts to court. There are clear rules about how we should behave to uphold the dignity of the legal profession.

At the same time, the legal profession is gradually becoming more relaxed. This is especially visible in the IT sector, where formal dress codes are less important—shirts, jeans, and casual attire are common. People often address each other informally, and no one sees it as a problem.

For example, I have Austrian clients—very successful IT professionals of retirement age—who automatically address me informally. Then I find myself wondering whether I should do the same. This kind of informal–formal mix can be quite charming.

We also see the influence of American culture—titles are often omitted on business cards. In the legal world, titles are still important because it’s a traditional profession. But even here, things are slowly changing.

I have one final question for you. If everyone were to take away one thing from your books, what should it be?

It’s not easy to reduce it to a single thing. But I often say—also to my son—that my goal was to raise a decent person who doesn’t have to be ashamed of themselves.

I believe this applies to all behavior—social, professional, and student life. We all make mistakes, that’s normal. But they should happen within certain honorable boundaries, so that we can say we are decent people.

Thank you very much for a pleasant conversation.

Thank you. Goodbye.

Links and resources

Photogallery from the podcast recording

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