Analyzing the current trends in relation to copyright infringement on the Internet, it is seen that a fairly large number of such infringements occurs in social networks.
Social networks are accounts in the form of personalized pages. On such pages, their owner puts this or that information in the form of text, video and photographic materials.
The legislation does not enshrine the term “Social network” and its owner in this or that regulatory legal act.
However, the Law of Ukraine “On Copyright and Related Rights” defines the term “Web pages” and its owner. Thus, the owner of a web page is the person who owns the account used to host a web page on a website and manages and / or posts electronic (digital) information within such a web page. The owner of the website is not the owner of the web page if the latter owns the account, which allows him to independently post and manage information on the web page independently of the owner of the website.
Thus, the legislation distinguishes between the concepts of the owner of the website and the website being not identical concepts. The owner of the website may not be the owner of the website, which means that the latter can, at will, publish this or that information on the website, completely independently of the owner of the website. That is, in our case, it can be interpreted as the owner of the web page – the owner of the social network account, and the owner of the website – the owner of the social network.
For example, the problem of copyright infringement on the Facebook network is quite relevant today and the protection of the right to the inviolability of business reputation, honor and dignity in this network is quite specific. For example, on Facebook, intellectual property rights can be challenged to identify the correct respondent. This means identifying the person responsible for the violation of the right to the inviolability of intellectual property rights. Thus, if it is possible to identify and prove the belonging of an account on a social network to a particular individual, when preparing a statement of claim in court, this will be the owner of the web page.
However, if, for example, it is not possible to identify the defendant while the copyright is seriously damaged, the defendant will be directly the owner of the website hosting the web page.
However, in practice, going to court in the case when the defendant – the owner of the website (social network) has certain difficulties, since physically and legally such a defendant may be located outside the territory of Ukraine.
A web page, like a website, is a kind of property of a virtual information nature, containing photos, videos, text and sometimes graphic materials, and makes it possible to distribute such materials on the Internet, thanks to which the authors of this or that material can benefit from, and attackers the opportunity, in their intentions, to illegally use someone else’s intellectual property.
Protection of the violated right to the inviolability of intellectual property has certain features and it is better to seek help from a specialist in this field.