The right of the author arises immediately after the creation of the work, and in some cases, a separate part of it. From that moment almost any use of copyright and related rights without the permission of the author or other legal owner is a violation of the law. In this article we will consider how to prove authorship of a work or any other result of creative process, and what is the procedure for bringing to responsibility.
The regime of copyright protection in Russia is regulated by the norms of the Civil Code of the Russian Federation. In addition, our country is a party to all international conventions and agreements in this sphere, which allows the protection regime to extend to almost any territory. Emergence of exclusive copyrights is connected with the following peculiarities:
The law allows the emergence of rights from the customer of the work (e.g., when executing a copyright contract). If the rights are transferred to other persons, whether gratuitously or remuneratively, the authorship is not revoked and is not alienable.
If the state where the work was first published is a party to international conventions, the exclusive rights arise at once in the territory of all participating countries. Other rules may be stipulated in the national legislation, or in the norms of international treaties.
What can be recognized as the object of copyright and related rights in the Russian Federation? This list is given in Articles 1225 and 1304 of the Civil Code of the Russian Federation:
From the moment of creation or registration of a work, its author or legal owner, a set of exclusive rights arises - for independent use and distribution, for transfer to other persons, for protection against unauthorized use or distribution.
In most cases, lack of authorization of the author to use the object is a violation of the law. Exceptions are the cases directly specified in the Civil Code of the Russian Federation. There will be no sanctions for the use or application of the work by a citizen for personal purposes, if it was legally acquired or obtained from public sources without copyright infringement. For example, the purchase of an electronic or optical medium with musical works allows a citizen to listen to and play them without additional permission from the copyright holder (if this is not connected with generating income).
Illegal use of another's copyrights may arise in the following cases:
Since authorship does not need to be registered, difficulties may arise in proving the rights to works. In addition to notarization and deposit of a copy, the author has the right to place the signs of protection on the work - the symbol "C" (copyright), the year of the first publication of the work, information about the author. In literary publications such information may be placed on the information page of the book or on the title page. Works of fine art may be signed by the author indicating the year of creation of the painting or other object.
Even a single fact of copyright infringement entails liability. If the damage from unlawful activity entailed a large or especially large amount, in addition to compensation for material damage, criminal or administrative penalties will follow. Let's allocate the basic directions on which the author or other right holder can realize the right on protection:
The right holder may use all or several forms of protection. The most effective option is to go to court. At the initial stage of the process it is possible to request interim measures - a ban on the release of counterfeit copies of the product, the suspension of the company's activities, etc.
After the claim is satisfied, all copies of the products released in violation of copyrights, as well as materials and equipment, are subject to confiscation. At the request of the plaintiff, the specified objects and items may be handed over to him or the seized property is subject to destruction.
Penalty for copyright infringement
The main measure of influence for violation of copyright and related rights, are financial penalties. Article 1301 of the Civil Code of the Russian Federation allows one of the following sanctions to be claimed in court:
The choice of one of these options is the right of the plaintiff. If damages are recovered, the plaintiff must justify their amount. If punitive damages are recovered, the calculation of damages need not be submitted to the court, it is enough to prove the fact of violation.
Regardless of the method of protection of rights, the infringer will be obliged to stop the unlawful activity. For each subsequent fact of violation, liability will follow according to the general rules.
The firm of patent attorneys Prof-Patent specializes in the protection of copyright and related rights. Our services include:
Extensive experience of similar cases and impeccable reputation of our specialists allows us to succeed even in the most complex situations. To take advantage of our services and clarify the terms of cooperation, make an appointment for a consultation - you can do this by phone, indicated on the website, or via the feedback form.