Copyrights protection in court

Today, copyright protection in court is a very relevant issue. This is confirmed by dozens of cases, the solution of which has been worked on and continues to be worked on by the qualified specialists of our legal company “PRIKHODKO & PARTNERS”.

In an objective sense, copyright is a set of legal norms that regulate social relations regarding the creation and further use of works of literature, science, and art. In a subjective sense, copyright represents personal property and non-property rights that arise from the author after the creation of the work and are protected at the legislative level.

Among the objects of copyright relations: an intangible good that is embodied in the form of a product of spiritual creativity (we are talking about works of literature, science, art).

According to Article 54 of the Constitution of Ukraine, “citizens have the right to freedom of artistic, literary, technical and scientific creativity, protection of copyright, intellectual property, material and moral interests.” Thus, every author, creator who has a patent for his product can count on copyright protection in court.

Subjects of copyright

Article 52 “On copyright and related rights” stipulates that “the protection of personal property and non-property rights of the subject of copyright is carried out in the manner established by civil, administrative and criminal legislation.” In case of violation of the legal rights of copyright holders, they can apply to the court in accordance with the established procedure.

Subjects of copyright may:

1. File claims for compensation for non-pecuniary (moral) damage or material damage (damages).
2. Demand renewal and recognition of their rights. We are talking, among other things, about the prohibition of actions that create a threat of infringement or violate copyright.
3. Demand the adoption of other measures that are provided for by law and are related to the protection of copyright.

Protection of copyrights in court is carried out in accordance with Article 255 (Code of Ukraine on Administrative Offenses). As for protection under criminal law, it is carried out through the court’s sentencing.

Copyright protection in Ukraine

Examples of violation of intellectual rights of the author are numerous. Unfortunately, the use and distribution of copyrighted products is a common practice in today’s computerized world. Most often, the author’s rights are violated on content that is posted on social networks or on the Internet in general.

Ukrainian legislation provides for the principle of presumption of authorship. What is it about? The author of an intellectual product is considered to be the person who was marked as the author on the copy or original of the work (in the absence of evidence of the authorship of another). Human rights defenders and content creators, in accordance with current Ukrainian legislation, have effective ways and methods of copyright protection. However, some provisions of the law can be used to the detriment of the real content creator. We are talking about situations when the author of the work did not take measures to protect it, for example, did not register the fact of his authorship at the legislative level.

In order not to protect copyright in court in the future, it is necessary to act in advance.

There are the following preventive methods of copyright protection:

• Fixing the creation of an author’s product.
• Consolidation of rights by the author – creator or their transfer from the creator to the right holder, if he acts as a customer of the content.
• Prevention of facts of illegal use of author’s product, prevention of violations.
• Creation of a reliable basis for the most effective use of all copyright protection opportunities.

In this way, you will be able to protect your rights as a content author. If the case has already reached the court, the lawyers of our company “PRIKHODKO & PARTNERS” will help you protect your copyright.

Where do you need to start? To begin with, the natural or legal person whose actions/inactions led to copyright infringement is established. The next stage is the preparation of a substantiated claim. If this was not enough, the filing of a subpoena begins. It is with the subpoena that you have to go to court.

Upon proof of an offense, administrative and, in some cases, criminal liability follows.

Thus, in order to maximize the protection of one’s copyrights, it is necessary to defend a clear strategy of protection both from competitors and from infringers. Protecting intellectual property will allow you to gain customer loyalty and consolidate leadership positions on the market.

The lawyers of “PRIKHODKO & PARTNERS” have many years of experience in the field of copyright protection. We will help you develop the right strategy for protecting your intellectual property!