Copyright infringement: how to protect your rights?

In today’s world, where information and creative works are more accessible than ever before, the problem of copyright infringement is becoming particularly acute. Every day we come across cases of illegal copying, plagiarism and misuse of works, be it music, video, text, photography or software. Many authors are not even aware that their rights are being infringed or do not know how to protect them effectively.

This article is intended to raise awareness among authors of their rights and to provide practical advice on how to protect themselves from infringement. We will look at what exactly is considered copyright infringement, what are the ways to protect your rights, what evidence should be collected in case of infringement, and what are the penalties for such actions.

Remember that your work is your intellectual property and it has value. Do not let others use the results of your work with impunity. Know your rights and know how to defend them! And this article will be your reliable assistant on this way.

Section 1: What is considered copyright infringement?

Before you can talk about protecting your rights, you need to be clear about what is considered copyright infringement. After all, not every use of someone else’s work is illegal. There is a whole list of situations when the law allows the free use of works without the author’s consent and without payment of remuneration.

Therefore, in this section we will look in detail at the types of actions that qualify as copyright infringement. We will look at different types of infringement, from illegal copying and plagiarism to unauthorised distribution and other ways of illegally using works.

Understanding these aspects will help you to correctly identify infringement of your rights and choose the most effective way to defend yourself.

Subsection 1.1: Illegal copying

One of the most common types of copyright infringement is illegal copying. What is meant by this term? Illegal copying is the reproduction of a work or part thereof in any form or by any means without the authorisation of the author or other right holder.

legal copying can manifest itself in different forms, depending on the type of work. Here are some examples:

• Literature:
  • Printing and distributing pirated copies of books.
  • Copying text from websites without authorisation from the author and without attributing the source.
  • Making electronic copies of books and making them freely available on the Internet.
• Music:
  • Downloading music files from pirate sites.
  • Recording music from radio to cassettes or other media for further distribution.
  • Making pirated copies of CDs or vinyl records.
• Taking photos and videos:
  • Downloading photos or videos from the Internet and using them for commercial purposes without the author’s permission.
  • Copying videos from YouTube and other platforms and posting them on other resources without the consent of the copyright holder.
  • Making pirated copies of DVDs and Blu-ray discs.
• Software:
  • Installing unlicensed copies of software on your computer.
  • Hacking software and distributing cracked versions.
  • Using pirated copies of operating systems.

It is important to realise that any copying of a work without the author’s permission is illegal, even if it is not done for commercial purposes. The only exceptions are cases stipulated by law, such as free use of a work for personal purposes (but not distribution!).

You can learn more about the types of illegal copying and liability for them in the article “Illegal copying: types and liability”.

If you encounter illegal copying of your works, do not ignore it. There are various ways to protect your rights, which we will discuss below.

Subsection 1.2: Plagiarism

Another serious copyright infringement is plagiarism. What is plagiarism? Plagiarism is the attribution of authorship of another’s work or part of it, the publication of another’s work under one’s own name, or the use of another’s ideas or creative solutions without proper citation of the source.

Plagiarism can manifest itself in various forms:

• Verbatim plagiarism: Copying text, text fragments, illustrations, musical excerpts, etc. without modification and without attribution.
• Paraphrasing: Retelling another person’s text in one’s own words without changing its content and without citing the source.
• Compilation: Creating a new work by combining fragments from different sources without proper citation and referencing.
• Assignment of ideas: Using other people’s original ideas, concepts, creative solutions without attribution.

It is important to distinguish between plagiarism and legitimate quotation. A quotation is a short passage from another work that is used for the purpose of illustrating, confirming, or criticising a particular thought. Legitimate quotation presupposes:

• Reasonableness of scope: The quotation must be appropriate in scope and consistent with the purpose of the quotation.
• Source citation: The author and the title of the work from which the quotation is taken must be indicated.
• Use of inverted commas: The quotation is enclosed in inverted commas to clearly separate it from the author’s text.

Plagiarism is not just a breach of ethical standards, but a serious violation of copyright law that can have legal consequences. If you have been the victim of plagiarism, you have the right to defend your authorship and seek redress.

For more information on plagiarism, its types and consequences, see the article Plagiarism: Definition, Types and Consequences.

Subsection 1.3: Unauthorised distribution

In addition to illegal copying and plagiarism, unauthorised distribution of works is also a copyrightinfringement . What is meant by this term? Illegal distribution is any distribution of copies of a work without the authorisation of the author or other right holder.

How can unauthorised distributionoccur ? Here are some examples:

• Selling pirated copies of books, music, film or software discs. This can happen both in the real world (e.g. selling pirated discs on the street) and online (e.g. selling electronic copies of books through illegal online shops).
• Making works freely available on the Internet without the author’s permission, such as posting scanned copies of books, music albums or films on file-sharing services or torrent trackers.
• Unauthorised publication of works in print or on the Internet, such as publishing an article or photograph on a website without the author’s consent.
• Public performance of musical works without the author’s permission or royalty payments. For example, performing songs at a concert without a licence from a collective rights management organisation.
• Showing films in public without the permission of the copyright holder. For example, organising illegal film screenings in a cafe or club.
• Renting works without the author’s permission, such as renting pirated copies of films on DVDs.

Illegal distribution causes significant damage to authors and rightsholders, depriving them of legitimate income and control over their works. Defence against this type of infringement is therefore extremely important. If you encounter facts of unauthorised distribution of your works, do not ignore it and take action to protect your rights.

Section 2: How to Protect Your Copyrights

When you discover an infringement of your copyright, it is important not to be confused, but to act decisively and effectively. Fortunately, there are a number of defences that can help you get justice and stop the unlawful use of your work.

In this section, we will look at the main ways of copyrightprotection : pre-trial settlement and going to court. Each of these methods has advantages and disadvantages, and the choice of a particular option depends on the circumstances of the case and your goals.

Understanding the different avenues of defence will help you choose the best way to restore your rights and obtain proper compensation.

Subsection 2.1: Pre-trial settlement

Before going to court, it is worth trying to resolve the conflict peacefully, using pre-trial settlement. This method allows you to save time, money and nerves, as well as to avoid lengthy court proceedings.

Pre-trial settlement may include the following actions:

1. Negotiating with the infringer: Try to contact the person who is infringing your copyright and discuss the situation. The infringer may not realise that their actions are illegal and may agree to stop the infringement voluntarily.
2. Sending a complaint:If negotiations fail, send a formal written complaint to the infringer. In the claim, you should
   • :Specify what your rights have been violated
   • . Provide evidence of your authorship and the fact of violation.
   • Clearly state your demands (e.g., stop using the work, remove it from the site, pay compensation)
   • . Set a deadline for fulfilling your demands.
   • Warn about the consequences of failure to
   • fulfil
   • the claim, in particular, about going to court.

Examples of effective pre-trial settlements:

• Removing content from a website: If your work is illegally posted on a particular website, you can file a complaint with the website owner demanding that the content be removed. Many websites have special forms for filing copyright infringement complaints.
• Stop selling infringing products: If you discover that someone is selling infringing products featuring your work, you can contact the seller to demand that they stop selling and remove the infringing products from circulation.

Advantages of pre-trial settlement:

• Speed: You can resolve a conflict much faster than in court.
• Cost savings: You don’t have to pay court fees or spend money on legal services.
• Confidentiality: Dispute resolution is confidential, without publicity.

Disadvantages:

• Not always effective: The infringer may ignore your demands or refuse to comply.
• Difficulty in identifying the infringer: Sometimes it can be difficult to identify the infringer, especially if the infringement occurs on the Internet.

You can learn more about the pre-trial settlement procedure in the article “Extrajudicial method of resolving copyright conflicts”.

Despite possible difficulties, pre-trial settlement is an effective tool of copyright protection, which should be used in the first place.

Subsection 2.2: Going to Court

If attempts at pre-trial settlement have not yielded the desired result, and the infringer continues to ignore your legitimate demands, the only way left is to defend your copyright in court. Appeal to the court is a more complicated and lengthy process, but at the same time, it is the most effective way to restore the violated rights and bring the infringer to justice.

The procedure of copyrightprotection in court includes several main stages:

1. Preparing a statement of claim: You need to prepare a statement of claim in which you clearly state the essence of the infringement, substantiate your claims and provide relevant evidence.
2. Submission of the statement of claim to the court: The statement of claim should be submitted to the local court at the location of the defendant (violator) or at your place of registration (if you are an individual). Together with the statement of claim you need to submit documents confirming your rightfulness, as well as pay the court fee.
3. Consideration of the case in court: The court considers the case on the merits, listens to the positions of the parties, examines the evidence and makes a judgement.
4. Enforcement of the court judgement: After the court judgement enters into legal force, it is subject to compulsory execution. In case of failure to execute the court judgement voluntarily, you may apply to the enforcement authorities for its compulsory execution.

Important points:

• Legal assistance: The court process is complex and requires specialised legal knowledge. It is advisable to contact a qualified lawyer or advocate who will be able to provide you with professional assistance in preparing a statement of claim, gathering evidence and representing your interests in court.
• Evidence base: The success of the case largely depends on how much convincing evidence you can provide to the court. Therefore, it is very important to prepare thoroughly for the trial and collect all the necessary documents and materials.

Advantages of applying to the court:

• Binding nature of the decision: The court decision is binding on all persons in Ukraine.
• Possibility to receive compensation: The court may order the infringer to pay you monetary compensation for the damage caused, including lost profit.
• Liability of the infringer: Not only civil, but also administrative and criminal liability is provided for copyright infringement.

Disadvantages:

• Length of time: Court proceedings can last from several months to several years.
• Financial costs: You will have to pay a court fee, as well as pay for the services of a lawyer or attorney.
• Complexity of the procedure: The court process requires knowledge of the procedural law and the ability to correctly draw up documents.

You can learn more about court procedures and procedures in the article “Copyright Protection: Court Procedures and Procedures”.

Going to court is a serious step that requires careful preparation. But in some cases it is the only way to protect your copyright and get justice.

Chapter 3: Proving Copyright Infringement

So you have experienced an infringement of your copyright. You know that you can try to resolve the dispute in pre-trial proceedings or go to court. But no matter which way you choose, you will need convincing evidence that the infringement has actually taken place.

In this section we will talk about how to properly record the fact of copyright infringement and what kind of evidence you will need. The quality of the collected evidence directly affects the success of the entire case, so this issue should be approached with maximum responsibility.

Please note that gathering evidence is a complex process that often requires specialised knowledge and skills. Therefore, at this stage, we strongly recommend that you seek legal assistance from professionals, such as Polikarpov Law Firm. Experienced lawyers will help you to properly record all necessary evidence and prepare a strong legal position to protect your interests.

Subsection 3.1: Fixing the fact of infringement

The first thing you should do when you discover a copyright infringement is to properly record the fact. The ability to prove your case in the future will depend on how competently and timely you do it.

Here are a few ways to record the fact of an infringement:

1. Screenshots:If the violation occurred on the Internet (e.g., illegally posting your work on a website), take screenshots of the relevant web pages. The screenshots should clearly show
   • :The URL of the page.
   • The date and time when the screenshot was taken.
   • The fact of the infringement itself (illegally posted text, image, video, etc.).
   • If possible, information about the owner of the website (if publicly available).
2. Notarisation: In order to make screenshots more legally valid, a notary can be contacted to notarise the web page. The notary will draw up an inspection report of the webpage, in which he or she will record the content of the webpage at a certain point in time. This is especially important if there is a possibility that the offender may remove the illegally posted content from the site.
3. Video recording: As an alternative to screenshots, you can use video recording. Record a video of your computer screen showing you opening the infringing page, recording the date and time, and the infringement itself.
4. Save a copy of the work: If possible, save a copy of the infringing work (e.g., download a file from a website or make a copy of the infringing product).
5. Involve witnesses: If the infringement occurred in an offline environment (e.g. selling counterfeit goods), involve witnesses who can verify the infringement.

Important tips:

• Act quickly: The sooner you recognise the infringement, the better. The offender may remove the illegally posted content or make changes to the page.
• Keep the original files: Do not delete the original files of screenshots or videos, as they may be needed for forensic analysis.
• Seek professional help: If you are not sure how to properly document the infringement, seek help from lawyers, such as Polikarpov Law Firm. They will help you gather all the necessary evidence as required by law.

Remember, proper recording of the violation is the foundation on which your entire defence will be built.

Subsection 3.2: Confirmation of Authorship

Establishing the fact of copyright infringement is only half the battle. It is equally important to convincingly prove that you are the author or legal owner of the infringed work.

What documents and materials can serve as evidence of your authorship?

1. Original works and drafts: If you retain original manuscripts, sketches, drafts, source files of the work (e.g. PSD image files for graphic design or source code for software), this will be the best evidence of your authorship. Also keep a history of the creation of the work, including dates of creation of individual elements.
2. Copyrightregistration certificate : If you have registered your rights to the work with UKRNOIVI, the registration certificate will be the official proof of your authorship.
3. Deposit of the work: As we mentioned earlier, the deposit of the work with a specialised organisation can also serve as proof of your authorship and, importantly, the date of creation of the work.
4. Publication of the work with your name on it: If your work has been published (e.g. in a book, magazine, website) and your name is given as the author, this can also be proof of your authorship. Keep a copy of the publication or take a screenshot of the web page.
5. Bespoke contract: If you have created a bespoke work, a contract with the client identifying you as the author will be evidence of your rights.
6. Evidence from people who can verify your authorship: This may include colleagues, friends, customers who were present at the creation of the work or saw it in its early stages.
7. Expertise: In some cases, it may be necessary to have an expertise carried out to confirm that you are the author of the disputed work.

Important: When providing evidence of authorship, pay attention to dates. You need to prove that you created the work before the infringement occurred.

Recommendation: Store all materials related to the creation of your works in a safe place. This can be either a physical archive or cloud storage. The more evidence you can provide, the stronger your position will be in the event of a dispute.

Remember that proof of authorship is the key to protecting your copyright. And if you have difficulties in preparing the necessary evidence, contact the professionals at Polikarpov Law Firm, who are always ready to provide qualified legal assistance.

For more information on what evidence you may need to protect your rights, see the article “Evidence of Copyright Infringement: What Evidence Is Required?”.

Section 4: Liability for Copyright Infringement

So, we have learnt what copyright infringement is, how to fix it and how to prove your authorship. Now it is time to talk about the most important thing – what responsibility an infringer bears for his illegal actions.

Knowing the types of liability and possible sanctions is an important deterrent to potential infringers. In addition, this understanding gives you, as an author, a clear idea of what you can expect in case of successful defence of your rights.

In this section we will consider what types of liability are provided by the Ukrainian legislation for copyright infringement. We will talk about civil, administrative and criminal liability, as well as what sanctions can be applied to infringers.

Subsection 4.1: Civil Liability

Let’s start with civil liability, which is the main type of liability for copyright infringement. This type of liability is aimed at restoring the violated property and personal non-property rights of the author or other right holder, as well as at compensating the losses caused.

What can the author demand within the framework of civil liability?

1. Recognition of right: The author can claim recognition of his right of authorship of a work if it is disputed or not recognised by another person.
2. Cessation of infringement: This is one of the most important requirements. The author has the right to demand from the infringer to stop any actions that infringe his copyright, for example, to remove illegally posted content from the website, to stop selling counterfeit products and so on.
3. Compensation for damages: The author may claim damages from the infringer. Losses include both direct losses (e.g. the value of illegally sold copies of the work) and lost profits (i.e. income that the author could have received if his rights had not been infringed).
4. Compensation: Instead of damages, the author may claim compensation. The amount of compensation shall be determined by the court taking into account the nature of the infringement, the duration of the unlawful use of the work, the form of the infringer’s guilt and other circumstances. The amount of compensation may range from 10 to 50,000 minimum wages established by law at the time of the court judgement.
5. Withdrawal and destruction of counterfeit goods: The author may demand the withdrawal from circulation and destruction of all illegally produced copies of the work, as well as the equipment and materials used for their production.
6. Publication of the court judgement: In some cases, the author may request publication of the court judgement of infringement of his copyright in order to restore his business reputation.

It is important to note that in order to bring the infringer to civil liability, the author needs to prove in court the fact of infringement of his rights and the amount of damage caused (if he demands compensation).

Applying to the court with a claim for copyright protection is an effective way to restore the infringed rights and receive proper compensation.

Subsection 4.2: Administrative and Criminal Liability

In addition to civil liability, administrative and criminal liability may arise in some cases for copyrightinfringement .

Administrative liability

In accordance with the Code of Ukraine on Administrative Offences, unlawful use of an object of intellectual property right (in particular, copyright), misappropriation of authorship, or other deliberate violation of rights to an object of intellectual property right protected by law, shall entail the imposition of a fine from ten to two hundred untaxed minimum incomes of citizens with confiscation of illegally manufactured products and equipment and materials intended for their manufacture.

Criminal liability

Criminal liability is incurred for more serious violations of copyright. Under article 176 of the Criminal Code of Ukraine, unlawful reproduction, distribution of works of science, literature and art, computer programmes and databases, as well as unlawful reproduction, distribution of performances, phonograms, videograms and broadcast programmes, their unlawful duplication and distribution on audio and video cassettes, copyright and related rights, if this has caused material damage on a significant scale, shall be punishable by a fine of from two hundred to one thousand untaxed minimum incomes of citizens, or by correctional labour for a term of up to two years, or by deprivation of liberty for the same term.

What does “significant amount of damage” mean?

The Criminal Code states that harm is considered significant if it is twenty or more times the non-taxable minimum income of citizens.

It is important to understand:

• In order to bring the offender to administrative or criminal responsibility, it is necessary to apply to law enforcement authorities.
• The decision on bringing to responsibility is made by the court.
• The existence of administrative or criminal liability does not exempt the offender from civil liability.

To summarise:

Administrative and criminal liability apply to more serious copyright infringements and have stricter sanctions than civil liability. Knowledge of these types of liability will help you more effectively protect your rights and hold infringers accountable.

Conclusion

Copyrightprotection is an important and sometimes difficult task. We have considered the main aspects of this topic: what is considered an infringement, what are the ways of defence, what evidence should be collected and what responsibility is provided for illegal use of works.

To summarise, I would like to emphasise once again: don’t be afraid to protect your rights! Your creativity has value, and you have every right to protect it from unlawful infringement.

Remember the main points:

• Fix the facts of infringements: Take screenshots, save the evidence, contact a notary if necessary.
• Confirm your authorship: Keep original works, drafts, register your rights, deposit your works.
• Try to resolve the dispute amicably: Send a complaint to the infringer and try to agree on a pre-trial settlement.
• Failure to reach an agreement – go to court: Remember that legal defence is your legal tool for restoring justice.
• Seek legal assistance: Do not neglect qualified legal support. Experienced lawyers, such as the Polikarpov Law Firm team, will help you understand the intricacies of the law and protect your rights in the most efficient way.

Copyright protection is not just a legal procedure, it is a defence of respect for creative work and intellectual property. Don’t let your rights be violated, be active and persistent, and remember that the law is on your side!