The specifics of the emergence and confirmation of copyright is the absence of requirements to register them through authorized bodies. This automatically complicates the process of protection of personal and exclusive rights of the author, if they are violated by other persons. In this material we will consider what violations the author or right holder has to face, and how the protection of copyright objects takes place.
Authorship of the results of creative work can arise only for individuals. However, a legal entity or an entrepreneur may acquire exclusive rights to a work. Let us distinguish the grounds with which the law associates the emergence of copyrights:
Only the author or the right holder will be able to make a claim in case of detection of violations. Moreover, a situation may arise where dissimilar claims can be made by the creator of the work and the actual owner of the property rights, if they do not coincide in one person.
The use, copying or distribution of a work by others will be considered legitimate only with the consent of the author and/or copyright holder. Consent or permission can be expressed in the following ways:
In the presence of such consent, the scope of permitted use will be determined by the terms of the contract, the will, the legal regime of exclusive rights.
The lack of consent or permission to use, copy and distribute would be an infringement of personal or proprietary rights. Let us distinguish the most common types of violations, which the owner of personal or proprietary rights may encounter:
Types of liability and the list of measures to be taken against the guilty parties will depend on the nature of the violation, the amount of damage caused, and other factors. Let's consider how to prove the fact of violation and what sanctions may face the perpetrators.
The copyright holder can identify infringement on his own or through law enforcement, customs and other agencies. For this purpose open sources of information, analysis of content on the Internet, control purchases in retail outlets or on the wholesale market, and other methods can be used. Evidence of the illegal use of objects of creativity may be:
In addition to revealing the fact of violation, it is necessary to assess and prove the amount of damage caused. This is necessary for the recovery of damages, the calculation of punitive compensation, as well as for the correct qualification of the criminal offense.
The author or right holder can independently use protective measures against violators, or ask for help from law enforcement agencies. The law gives an opportunity to protect interests in the following directions:
In almost any format of infringement it is possible to demand confiscation of material or digital carriers with the illegally used work, equipment and raw materials intended for the production of counterfeit. If the counterfeit goods are not banned for circulation in Russia, the rights holder has the right to file a petition for the transfer of the seized tangible media.
When applying to the court, it is possible to recover damages, or to demand compensation. The amount of damages must be proved by the plaintiff, but this will not be necessary when claiming punitive compensation. The law allows for the calculation of compensation in the following ways:
The exclusive rights of the author or right holder are subject to evaluation. Therefore, when claiming damages or considering criminal cases, it is necessary to present evidence confirming the amount of damage. For this purpose, an expert examination is carried out - at the initiative of the plaintiff or law enforcement authorities. The expert opinion will be used as evidence in any variant of liability proceedings.
Protective measures can also be presented when the personal rights of the author are violated:
These violations may be discovered after the death of the author. In this case, the heirs or legal successors of the creator of the creative object will be able to file a claim or lawsuit. In this case, the consent to change the work or its name the author may leave in the will, which will be executed by the heirs.
We have to deal with copyright infringement every day, and illegal copying or distribution of works on the Internet is not difficult even for ordinary users. Even a minor infringement of copyright can lead to significant losses or lost profits. Our company offers a full range of services to protect the interests of authors and copyright holders:
We will achieve a full protection of personal and proprietary rights to works and other objects of creativity, we will help to bring the offenders to justice. To find out more about working with our specialists please use phone consultation or ask questions through the feedback form on the website.