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Intellectual property Compensation for copyright infringement

Zal Dmytro Oleksandrovych

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zal@prikhodko.com.ua

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Compensation for copyright infringement

Copyright infringement is a common problem that is becoming increasingly relevant in the digital age. Protecting intellectual property rights is one of the main tasks of authors and content owners, because without proper protection of their works, it is impossible to ensure fair compensation for their use. In this article, we will consider the main aspects of compensation for copyright infringement in Ukraine, including grounds for going to court, types of compensation and mechanisms for obtaining it.

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Grounds for filing a lawsuit for compensation for copyright infringement

An author or other copyright owner has the right to file a lawsuit if their rights have been violated. The main grounds for filing a lawsuit include:

Illegal use of a work without the owner’s permission.
Plagiarism or copying of a work.
Illegal distribution or sale of a work.
Distortion of a work that violates the author’s right to protect their reputation.

To successfully protect their rights, the author must prove the fact of infringement, as well as provide evidence confirming their authorship or other rights to the work.

Types of compensation for copyright infringement

Ukrainian legislation provides for several types of compensation that can be collected for copyright infringement:

Compensation for damages. This is one of the most common types of compensation, which includes compensation for actual losses caused by the infringement, as well as loss of profits that could have been obtained if the rights had not been infringed.
Compensation for moral damage. The author may demand compensation for moral damage if the infringement of his rights caused him moral suffering, damaged his reputation or otherwise negatively affected his personality.
Collection of remuneration provided for by the legislation on copyright and related rights. In certain cases, the legislation provides for mandatory remuneration to the author when using or reselling property rights (for example, in accordance with Article 30 of the Law “On Copyright and Related Rights” – by right of resale). In such cases, if these requirements are violated, the author can collect such remuneration as determined by law.
Fixed compensation. According to the law, in particular, paragraph 4, part 3, article 55 of the Law “On Copyright and Related Rights” establishes that the author has the right to demand the recovery of a fixed amount, which is established by the court at its subjective discretion within the maximum rates. This allows to avoid the complex process of calculating the actual damage. Thus, the law establishes the following maximum amounts of compensation:

from 2 to 200 subsistence minimums for able-bodied persons in case of violation of the author’s rights
fixed double, and in case of intentional violation – triple the amount of remuneration that would be paid for the provision of permission to use the object of copyright or an object of related rights,
persons who have been granted the exclusive right to use objects or who have the right to receive a share of the remuneration for the use of objects, collective management organizations and persons with special rights (sui generis) – have the right to a fixed double, and in case of intentional violation – triple the amount of remuneration that would be paid for the provision of permission.

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The procedure for obtaining compensation for copyright infringement

The procedure for obtaining compensation for copyright infringement includes several key stages:

Appealing to court. The author or owner of the rights files a lawsuit in court demanding compensation. All necessary evidence of the infringement of rights and documentary evidence of the damage caused must be attached to the claim.
Trial. During the trial, both parties present their arguments and reasons. The court evaluates the evidence and decides whether the copyright has been infringed and what compensation should be awarded.
Execution of the court decision. After a decision is made in favor of the author, he has the right to collect compensation. If the violator does not voluntarily comply with the court decision, the author can apply to the enforcement service for forced collection.

International Copyright Protection Issues

Given globalization and the development of the Internet, copyright protection issues often extend beyond the borders of one country. It is important to understand that copyrights are protected internationally, in particular through Ukraine’s participation in various international conventions, such as the Berne Convention for the Protection of Literary and Artistic Works. This means that the author may demand protection of his rights and compensation for their violation in other countries that are parties to these conventions.

Challenges and Prospects for Copyright Protection in Ukraine and Receiving Compensation for Illegal Use

Despite the existing protection mechanisms, the process of receiving compensation for copyright infringement in Ukraine remains complex and often protracted.

The main challenges include

imperfections in the legislation in terms of recording the facts of infringement,
insufficient effectiveness of the judicial system
low level of legal awareness of citizens.

At the same time, the active development of digital technologies and the growing number of authors working online stimulate the need to improve legal mechanisms for protection and increase their effectiveness.

It will also be useful: Intellectual Property Lawyer

Compensation for copyright infringement is an important tool for protecting the interests of authors and content owners. Despite the difficulties associated with receiving compensation, modern legislation provides sufficient opportunities to protect their rights. Authors should actively use these mechanisms to protect their works and receive fair compensation for their use.

Lawyers and attorneys of the law firm “Prikhodko and Partners” are ready to help authors receive fair compensation and punish violators of their intellectual property rights.

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