How to protect your copyright?
Each of us in one degree or another is the author. Some compose poems or music, take photographs, others create scientific works or write articles for journals. In the modern world with the modern level of development of information technologies, more and more people create works in digital form. While keeping the work as a file, publishing it on the Internet, many people do not think about how relevant the issue of copyright protection becomes, given the availability and ease of copying, and later, possibly, the illegal use of the author’s work by other people. In accordance with the laws of the Russian Federation, there is no official copyright registration procedure. The only exceptions are computer programs and databases registered in Rospatent. Clause 4 of Article 1259 of the Civil Code of the Russian Federation states: “For the emergence, exercise and protection of copyright does not require registration of the work or compliance with any other formalities.” However, in practice, very often the authors are faced with the need to provide in advance evidence of their rights to the object of intellectual activity in order to insure themselves against the loss or non-recognition of the rights of the author. The main method of preventive (preliminary) protection of copyright is the method of providing oneself with evidence of the existence of certain objects of copyright on a certain date. The most popular methods of forming such evidence are: depositing the work in the authors’ company or law firm, notarizing the date and time of the work, using special Internet services or sending the work by mail to your address. Mailing documents to your address The letter is not opened until a dispute arises. The date stamp on the postal envelope provides proof of the date of existence of the documents. However, this method of ensuring temporary priority is inconvenient because it is one-time, unreliable and easily disputed, since it is extremely rare for envelopes to be perfectly sealed, and accordingly, the opponent in court may declare that the envelope has been opened. Depositing works Many companies, for example, copyright societies or law firms, are involved in the depositing of works. The essence of the deposit is the placement in the archive of the organization of a printed copy of the registered work and the issuance of the relevant document confirming the fact of the deposit and its date. Depositing is not a state registration of copyright, and therefore does not guarantee “automatic” recognition of the authorship to the applicant, but in fact, simply fixes the time for presentation of the work or work. That is, the copyright will still be able to challenge in the case of the presentation of relevant, stronger evidence, and the depositary document will be considered by the court as one of the evidence, on an equal basis with other. In this regard, the notarization of the date and time of registration of the work is more “solid” proof, since It is carried out not by an organization, but by an authorized person having a state license, and often costs less than a deposit. Perhaps the only practical advantage of depositing, for example, in the Russian Authors’ Society (RAO) over the notary, is that a number of companies prefer to deal with authors if they have a certificate of RAO about registration of a work (for example, some concert organizations). Notarization Notarization of the date and time of presentation of the document (for example, the text of the work) is a good and proven method of copyright protection. However, this method also has certain “minuses”. The main conditions for the performance of notarial actions are: understanding by the notary of the meaning of the certified document and the presence of the relevant details of the presented document, for example, a handwritten signature or “wet” seal of the organization. All this does not create problems in certifying ordinary printed documents, but makes it difficult or impossible for notarization of electronic documents, especially if the electronic document and its printed copy have serious discrepancies due to the format of the electronic document, the information density or its size. For example, when printing photos in high resolution, the image obtained on paper will not correspond to the electronic copy, since change the resolution and color. Therefore, for the registration of documents and works in digital form, it is better to use specialized Internet services. Electronic Document Registration Services Today, services that provide priority services can be divided into two main categories: • services using their own time and data latching mechanism; • services that use the services of specialized organizations.