Publication date: 05.07.2024
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Infringement of copyright and related rights: challenges of the digital age
Introduction
The rapid development of digital technologies and the Internet has significantly changed the world of intellectual property. Today, more than ever before, the works of authors, performers, producers of phonograms and videograms can be copied, distributed and used without their consent and appropriate remuneration. This creates numerous challenges for the protection of the rights of copyright holders and requires effective mechanisms for countering violations.
In this article, we will consider the main types of violations of copyright and related rights in modern conditions, legal means of combating them, and also analyze the key trends in this area.
The main types of violations
Unauthorized copying and distribution of works
The most common form of infringement is mass unauthorized copying and downloading on the Internet of works of literature, music, movies, computer programs, etc. This is the so-called "piracy", when works are distributed through torrent trackers, file-sharing networks, specialized sites without the consent of the copyright holders.
One of the most resonant situations in this area was the activity of the Swedish file-sharing site The Pirate Bay, which for many years provided access to millions of pirated copies. The owners of the site were prosecuted, but for a long time they were able to avoid responsibility thanks to the use of complex technological schemes.Unauthorized use of works
In addition to simple copying, there is also unauthorized use of works for commercial purposes. For example, placing musical compositions on websites, playing video content in public places, public performance of musical works without obtaining a license and paying a fee to the rights holders.
A striking example was the court case between the American singer Marvin Gaye and the music group Pharrell Williams and Robin Thicke over the song "Blurred Lines", which, according to Guy's heirs, heavily borrowed the main elements from his composition "Got to Give It Up". In 2015, the court awarded Guy's heirs $7.4 million in compensation.
Bypassing technical means of protection
An important aspect of copyright protection is the use of various technological solutions - passwords, encryption, digital watermarks, etc. However, attackers are constantly developing ways to bypass such tools to gain unhindered access to protected content.
One high-profile example was the hacking of the DeCSS DVD protection system, which made it possible to freely copy their contents. The developers of DeCSS were accused of violating the Digital Copyright Act (DMCA), but were acquitted in court on the basis of the right to free expression.
Plagiarism
Another serious violation is plagiarism - appropriating the authorship of someone else's work or its essential part. This can apply to texts, musical works, artistic works, computer programs, etc.
Loud scandals were associated, for example, with the discovery of similarities between the songs "Lose Yourself" by Eminem and "Bagstarz" by the Iranian artist Shahin Najafi, as well as between the novel "How I Became Russian" by Oleh Sentsov and the novel "Uncle Stepan" by Vasyl Zemlyak.
Counterfeit production
One of the classic forms of violation of copyright and related rights is the production and distribution of counterfeit products - copies of works, phonograms, videograms, computer programs without the permission of the copyright holders.
A clear example of large-scale counterfeiting was the work of the Chinese company Chengdu GeekyPanda Technology, which established the production and sale of millions of counterfeit USB drives under the SanDisk brand.
Legal means of combating violations
Legislative regulation
The basis of legal protection of copyright and related rights is the national legislation on intellectual property, in particular the Laws of Ukraine "On Copyright and Related Rights", "On Distribution of Copies of Audiovisual Works, Phonograms, Videograms, Computer Programs, Databases", Criminal and Civil Codes .
These regulatory legal acts provide for a number of property and non-property rights of authors, performers, producers and other rights holders, as well as establish types of violations, sanctions for them (fines, confiscation of counterfeit products, criminal liability) and legal protection procedures.international cooperation
Since many violations are transnational in nature, cooperation between countries in the field of protection of intellectual property rights is important. This is implemented through the conclusion of international agreements, harmonization of national legislation, exchange of information and experience in combating crimes.
In particular, Ukraine is a member of the Berne Convention for the Protection of Literary and Artistic Works, the World Convention on Copyright, and the Rome Convention for the Protection of the Interests of Performers, Producers of Phonograms, and Broadcasting Organizations. This imposes on it certain obligations regarding the establishment of effective mechanisms for the protection of related rights in national legislation.
Collective management of rights
Organizations of collective management of property rights play an important role in countering violations. They collect remuneration for various types of use of works, phonograms, videograms, and then distribute it among the right holders
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