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Publication date: 08.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
With the rapid spread of digitalization, sites are becoming more and more important, with the help of which information is distributed, goods, services, works are advertised, and many other socially useful functions are performed. At the legislative level, the site is a rather complex collection of intellectual property objects (electronic information, domain name, graphic images). Along with this, it is no less important to register the copyright for such an object of intellectual property rights as a website, because the presence of registration will act as an additional guarantee of protection against illegal actions for the owners.
Features of copyright on the site:
First of all, it is necessary to determine who exactly can be considered the owner of the site. According to Art. 1 of the Law "On Copyright and Related Rights" states that the owner of the site is the person who owns the account and establishes the order and terms of use of the site. If there is no evidence to the contrary, then the owner will be the person who registered the corresponding domain name through which access to the site is implemented, or the recipient of hosting services. It is worth noting that the owner of a web page, as a component of a site, even if he is the owner of an account that allows him to freely post information, is not the owner of the site. Moving on to the analysis of the structural elements of the site, it can be understood that many specialists are involved in its development, who create software, design, and provide high-quality text content - accordingly, the authors of each of these structural elements will be the specialists who developed them. Therefore, the site owner should take care of the contractual regulation of the development process with each of the specialists in advance. Usually, in such a case, contracts are concluded on the performance of works and the transfer of exclusive property rights to created copyright objects, according to which the person who is the subject of property rights transfers to another person (second party) the rights he has in full or part. When concluding contracts, it is worth paying attention to the essential conditions (subject, price, term of validity), as well as conditions on responsibility for non-compliance with the conditions stipulated in the contract, force majeure circumstances, which will exempt the party from responsibility for non-fulfillment of its obligations, etc. The legislation establishes that no additional registration is required for the creation and exercise of copyright, but along with this, for the purpose of certification of existing personal non-property or property rights, the possibility of registration is provided. Properly registered copyright for software, text content, and video materials that will be posted on the site will allow for more reliable protection of the owner's rights in case of infringements using legally prescribed methods. A domain name acquires a special meaning as a unique website address, which is often registered as a trademark.
Copyright registration procedure:
1. The first step is the formation of an application, which will consist of an application, a copy of the copyright object, a receipt for the payment of the fee, etc. The above can be made both in writing and in electronic form. It is worth noting that the application submitted to the body authorized to carry out registration must refer to one exclusive object of copyright.
2. The authority that will register the copyright is UKRNOIVI, and it is to him that the formed application should be submitted. After receiving it, NOIP will conduct an analysis of the documents from which the application is made, for compliance with all legally established requirements. A period of two months has been set for consideration.
3. If the authorized body satisfied the application by making a decision on registration, within ten days, information is entered into the relevant register and a certificate is issued, which will certify the fact of copyright registration. The certificate is issued in paper or electronic form.
Consultation of a lawyer when registering a copyright on the site:
A lawyer in the registration process will help not only save the time and money of the site owners, but also guarantee compliance of each step, from the moment of preparing the application to obtaining the certificate, with all the requirements of the law with a proper legal evaluation. Legal analysis of the situation, ensuring the conclusion of contracts with developers, preparation of an application, and in the case of an unjustified refusal to register, the implementation of an appeal in court - these are the main tasks that a lawyer will perform.
