How to protect your copyright in case of infringement?

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What are the procedures and safeguards?

01.06.2023 19:30 515

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Photo of lorina200215 Lorina Fedan

In case of copyright infringement, the author has the right:

  1. To demand recognition and renewal of one's rights, to prohibit actions that violate copyright or create a threat of their violation.

  2. Apply to the court with a claim for restoration of violated rights and termination of actions that violate copyright or create a threat of their violation.

  3. File claims for damages (material damage), including lost profits. Or about the collection of income received by the infringer as a result of his copyright infringement.

  4. File lawsuits for moral damages.

  5. To demand the cessation of preparatory actions for the violation of copyright, including the suspension of customs procedures, if there is a suspicion that counterfeit copies of works, phonograms, videograms may be passed into or out of the customs territory of Ukraine.

  6. To participate in the inspection of production premises, warehouses, technological processes and economic operations related to the production of copies of works, phonograms and videograms, in respect of which there are grounds for suspecting a violation or threat of violation of copyright.

  7. Demand publication in the mass media of information on the facts of copyright infringement and court decisions regarding these infringements.

  8. Demand from violators to provide information about third parties involved in the production and distribution of counterfeit copies of works, as well as means of circumventing technical protection measures, and about their distribution channels.

Methods of copyright protection:

Subjects of copyright have the right to apply to the court in accordance with the established procedure for the protection of copyright. If there are reasons, you can contact the National Police. The first and most effective measure in the process of protecting and restoring the violated rights of the author is to send a claim to the address of the person who committed such a violation. If signs of such a violation are detected on the Internet, then a substantiated claim, with an explanation of the arguments and a reference to the norms of the current legislation, must also be sent to the hosting provider and the owner of the domain name of the relevant resource.

02.06.2023 11:49

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