Publication date: 15.07.2024
Legal aspects of copyright protection on the Internet
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Introduction
With the development of information technology and the Internet, the problem of copyright protection is becoming increasingly important. The Internet provides ample opportunities for content distribution, but at the same time creates new challenges for copyright holders in the field of protection of their rights. In this article, we will review the main legal aspects of copyright protection on the Internet, including the legal framework, protection mechanisms and remedies.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to property, including intellectual property. Article 41 of the Constitution stipulates that everyone has the right to own, use and dispose of their property and the results of their intellectual and creative activity.
The Law of Ukraine "On Copyright and Related Rights"
This law is the main legal act regulating copyright protection in Ukraine. It defines the rights of authors to their works, the procedure for their use, protection and liability for copyright infringement.
Law of Ukraine "On Electronic Commerce"
This law regulates relations in the field of electronic commerce, including the use and protection of copyright on the Internet. It establishes requirements for contracts concluded in electronic form and consumer protection.
International treaties
Ukraine is a party to a number of international copyright treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, and others. These treaties establish international standards for copyright protection and the obligations of the member states.
Rights of authors and rights holders
Property rights
Authors' property rights include the right to use a work, the right to receive remuneration for the use of a work, the right to distribute a work, the right to public performance and other rights that enable the author to receive material benefits from the use of his or her work.
Non-property rights
Non-property rights of authors include the right to recognition of authorship, the right to name, the right to inviolability of the work, the right to publish the work and other rights that enable the author to protect his or her reputation and personal interests.
Mechanisms of copyright protection on the Internet
Rights to prevent and terminate infringement
Authors and rights holders have the right to address online platforms, providers and other entities with a request to stop copyright infringement. This may include requests to remove illegally posted content, block access to infringing websites, or stop the illegal use of works.
Notice and takedown
The "notice and takedown" mechanism provides for the possibility of right holders to send notices to Internet platforms or providers demanding to remove or block access to infringing content. The platforms are obliged to respond promptly to such notices and take appropriate measures.
Judicial protection
Authors and rights holders have the right to go to court to protect their rights. The court may order compensation for damages, impose fines, prohibit further copyright infringement, and take other measures to help protect rights.
Administrative protection
Right holders may apply to state authorities, such as the State Intellectual Property Service of Ukraine, with a request to take measures to protect copyrights. These authorities are empowered to conduct investigations, impose administrative penalties and take other measures to enforce rights.
Protection of rights through self-regulatory organisations
Self-regulatory organisations in the field of copyright can protect the rights of their members, including monitoring infringements, negotiating with infringers, organising collective management of rights, etc.
Means of combating copyright infringement
Technological remedies
Authors and rights holders can use technological protections, such as digital watermarks, digital rights management (DRM) systems, encryption, etc. to prevent unauthorised use of works.
Infringement policies
Online platforms may implement policies regarding copyright infringement, including blocking or deleting user accounts of repeat copyright infringers, imposing sanctions on infringers, and other measures.
Education and awareness raising
Education and awareness-raising among Internet users about copyright and liability for copyright infringement is an important aspect of combating infringement. This may include information campaigns, training, distribution of copyright materials, etc.
Conclusion
Copyright protection on the Internet is a complex task that requires a comprehensive approach, including legal, technological and educational measures. Ukrainian legislation and international treaties establish the basic legal framework and mechanisms for copyright protection that allow authors and rights holders to effectively protect their rights and interests. The introduction of technological remedies, infringement policies, and awareness-raising among users helps to reduce the number of infringements and increase the level of copyright protection on the Internet.
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- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
