Illegal copying: types and liability

In the digital age, when access to information and content has become extremely easy, the problem of illegal copying has become particularly acute. Copying music, films, books, software and other works without the permission of the copyright holder has become commonplace for many Internet users. But do we ever think about the fact that such actions violate the law and cause damage to authors and other rights holders?

Illegal copying is not just harmless fun, but a serious offence that has negative consequences for both content creators and society as a whole. It undermines the foundations of intellectual property, reduces incentives for creativity and innovation, and results in significant economic losses.

Therefore, it is extremely important to understand what illegal copying is, what types of illegal copying exist, what liability is provided for this offence and how you can protect yourself from it. This is what we will talk about in this article. We will look at various aspects of illegal copying in different spheres in order to give the reader a holistic view of the problem and its consequences.

Section 1: What counts as illegal copying?

Before talking about the types of illegal copying and liability for it, it is necessary to clearly define what exactly falls under this concept. After all, not every use of a work without the author’s permission is a violation of the law.

In this section, we will find out what actions qualify as illegal copying under Ukrainian law. We will distinguish the concepts of lawful and unlawful use of works, so that you can navigate the world of copyright law and not unintentionally violate the law.

Subsection 1.1: Definition of illegal copying

So what is illegal copying in terms of the law? In general, it is any reproduction of a work without the authorisation of the author or other right holder, unless such reproduction falls within the exceptions established by law.

The Law of Ukraine “On Copyright and Related Rights” provides an exhaustive list of actions that are considered the use of a work. These include, in particular:

• Reproduction: This is the making of one or more copies of a work in any material form, as well as their recording for temporary or permanent storage in electronic (including digital), optical or other form that can be read by a computer.
• Distribution: This is any act by which originals or copies of a work are directly or indirectly offered to the public, including by sale or other transfer of ownership or possession, leasing or renting, providing access to the work, and the like.
• Public display: This is the demonstration of an original or copy of a work to the public directly or on a screen by means of film, slide, television frame, etc. (other than broadcasting or cablecasting). (other than broadcast or cablecast).
• Public performance: This is the presentation of works, performances, phonograms, broadcasts of broadcasting organisations by recitation, playing, singing, dancing and other similar means, either directly (live) or by any devices and processes, in places where persons who are not members of the family or close acquaintances of the family are or may be present, whether they are present in the same place and at the same time or in different places and at different times.
• Translation: This is the reproduction of a work in another language.
• Revision, adaptation, arrangement and other similar modifications of works: This is the creation of new works based on an existing work.

So, if you do any of these things to a copyrighted work without the permission of the copyright holder and it does not fall under free use, you are committing unlawful copying.

It is important to understand:

• Not only is it illegal to make exact copies of a work, but also any reproduction of it with minor changes, as long as the creative component of the original is preserved.
• Ignorance of the law does not exempt you from liability. Even if you did not know that a work was protected by copyright or did not realise that your actions were unlawful, this does not absolve you from liability for unlawful copying.

Therefore, always check that you have permission from the copyright holder before using any copyrightedwork .

Subsection 1.2: Distinguishing between lawful use and unauthorised use

It is important to distinguish betweenunlawful copying and cases of lawful, or legitimate, use of works. The Law of Ukraine “On Copyright and Related Rights” provides for a number of exceptions when the use of a work without the consent of the author (or other person having copyright), but with the obligatory indication of the author’s name and the source of borrowing, is allowed.

Cases of free use of works without the consent of the author (or other person having copyright):

• Quotations: It is permitted to use quotations (short extracts) from published works to the extent justified by the intended purpose, including quoting articles from newspapers and magazines in the form of press reviews, if it is due to the critical, polemical, scientific or informative nature of the work in which the quotations are included.
• Use of literary and artistic works as illustrations: Liter ary and artistic works may be used as illustrations in publications, broadcasts, sound recordings or video recordings of an educational nature to the extent justified by the purpose.
• Reproduction of works for judicial and administrative proceedings: The reproduction of works for judicial and administrative proceedings shall be permitted to the extent justified by the purpose.
• Public performance of musical works: Public performance of musical works during official and religious ceremonies and funeral rites shall be permitted to the extent justified by the nature of such ceremonies.
• Personal reproduction: Prior lawfully released works may be reproduced exclusively for personal or family use.

It is important to remember:

• In all the above cases, it is obligatory to indicate the name of the author and the source of the borrowing.
• The free use of the work shall not prejudice the normal use of the work and shall not unreasonably restrict the legitimate interests of the author.
• The list of exceptions is exhaustive and not subject to extended interpretation.

Difference from illegal copying:

The main difference is that in cases provided by law as free use, permission of the author or other copyright holder is not required. However, if you use the work in a way that does not fall under any of these exceptions, or do not comply with the requirements to indicate the name of the author and the source of the borrowing, your actions will be considered illegal copying.

For example:

• Using a few lines from a poem by a contemporary poet in your research paper with the obligatory citation of the author and source is legal citation.
• Downloading the full text of a book from a pirate website is illegal copying.
• Using a photo from the Internet to illustrate your blog post without crediting the author or source is copyright infringement.

Understanding the line between legal use and illegal copying will help you avoid copyright infringement and the hassles associated with it.

Section 2: Types of Illegal Copying

Having dealt with the definition of unlawful copying and its distinction from lawful use, let us proceed to the consideration of specific types of this offence. After all, illegal copying can manifest itself in various forms and depends on the specific circumstances and actions of the offender.

In this section, we will look at the most common types of illegal copying, which can be encountered in practice. Understanding these types will help both authors and rightsholders to protect their rights more effectively and ordinary users to avoid unintentional infringements.

Subsection 2.1: Copying without the authorisation of the right holder

The most obvious and widespread type of illegal copying is reproduction and distribution of works without obtaining consent from the author or other right holder. This is a direct infringement of the exclusive property rights to the work belonging to the person holding the copyright.

How does this happen in practice?

• Downloading and distributing music, films, books via torrent trackers and file-sharing networks: Users download content from unofficial sources and then distribute it to other users, thus violating the rights of copyright holders.
• Making “pirated” copies of software: Hacking software, making unlicensed copies and distributing them further is a typical example of illegal copying in the software sector.
• Xeroxing textbooks and other printed materials: Often students or pupils photocopy entire textbooks or parts of textbooks instead of buying licensed copies.
• Illegal use of images: Copying photographs, illustrations, paintings from the Internet or printed sources and using them for your own purposes without the author’s permission (e.g., website design, advertising, publication in magazines, etc.).
• Illegal use of music in public places: Playing musical works in cafes, restaurants, shops without concluding an agreement with organisations for collective management of authors’ property rights.
• Creation and distribution of illegal copies of films and video games: Recording films from the cinema screen, hacking games and their further distribution via the Internet.

Areas in which this type of offence is most common:

• Literature: pirate digital libraries, illegal photocopying of books.
• Music: pirate music download sites, illegal public performance.
• Film and television: pirate torrent trackers of films and TV series, illegal online cinemas.
• Photography: illegal use of photographs on the Internet and in print media.
• Software: pirated copies of software, software hacking.
• Fine arts: illegal use of reproductions of paintings, sculptures, etc.

This list is not exhaustive, but it illustrates the main areas where illegal copying without the permission of the copyright holderis most common . It is important to remember that any use of a copyrighted work without the authorisation of the author or other copyrightholder is an infringement of the law, unless it falls under the free use cases we discussed earlier.

Subsection 2.2: Breach of the terms of the licence agreement

Even if you have purchased a licensed product, such as software, a music album or a film, this does not mean that you can use it however you like. Use of the work must be in accordance with the terms of the licence agreement you enter into with the copyright holder. Violation of these terms can also lead to illegal copying.

What is a licence agreement?

A licence agreement is a contract under which the copyright holder (licensor) grants the user (licensee) permission to use a work in a certain way and under certain conditions. The licence agreement may provide for various restrictions on the use of the work, and their violation is an infringement of copyright.

What terms of the licence agreement can be violated?

• Limitation on the number of copies: The licence may only allow installation of the software or use of the content on one or a certain number of devices. It is an infringement to install the software on more devices than the licence allows.
• Restrictions on the territory of use: The licence may limit the use of the work to a certain territory (for example, only within Ukraine). Use of the work outside the authorised territory is an infringement.
• Restrictions as to the manner of use: The licence may prohibit certain uses of the work, such as commercial use, processing, public display, etc.
• Limitation on the duration of the licence: A licence may be granted for a certain period of time, after which the use of the work becomes unlawful.
• Prohibition of transfer of rights to third parties: The licence may prohibit the transfer of rights to use the work to third parties (e.g. sale or donation of a licensed copy).

Examples of breaches of licence agreements:

• Installing one copy of the software on multiple computers, if the licence provides for use on one device only.
• Using music for commercial purposes (e.g. in a cafe or restaurant) if the licence only provides for personal, non-commercial use.
• Showing a film purchased for home viewing to the public without obtaining a licence.
• Reselling a licensed copy of the software to another person where this is prohibited by the terms of the licence.

Violation of the terms of the licence agreement may have the same consequences as any other illegal copying. The right holder may apply to the court for the termination of the infringement, damages and compensation.

Important:

• Read the licence agreement carefully before signing it or before using the work.
• Pay attention to all restrictions and conditions stipulated in the licence.
• Do not violate the terms of the licence agreement, even if you think it is a minor infringement.

Compliance with the terms of the licence agreement is not only a legal requirement, but also shows respect for intellectual property rights.

Subsection 2.3: Circumvention of technical defences

Copyright owners often use technical means to protect their works from unauthorised copying and distribution. Circumventing these means to gain unauthorised access to a work is also a type of illegal copying.

What are technical copyright protection tools (DRM)?

Digital Rights Management (DRM) is a technology that allows copyright holdersto control access to their works and prevent their illegal copying, distribution and use.

Examples of technical security features:

• Content encryption: Files containing music, films, e-books may be encrypted in such a way that they cannot be played back without a special key or programme.
• Device or account linking: Some works may be linked to a specific device or user account, making it impossible to use them on other devices or by others.
• Copy protection systems: Software may have built-in mechanisms that prevent unauthorised copies from being made.
• Watermarks: Invisible marks that are added to digital files to trace their origin and detect illegal distribution.
• Limit the number of activations: The software can only allow a limited number of activations on different devices.

What is considered bypassing technical security features?

Any action aimed at eliminating or neutralising the protection mechanisms that prevent unauthorised access to a work is considered circumvention of the technical means of protection. This can be:

• Software Hacking: Using special software to crack the security of software, games, etc. Д.
• Use of “crackers” and “patches”: The use of software tools that circumvent restrictions set by the developer.
• Decrypting content: Using software to decrypt protected files.
• Removing or alter ing watermarks: Removing or altering inconspicuous markings that identify the owner of content.
• Use of devices or programmes that allow you to bypass tethering to a device or account.

Bypassing technical means of protection is punishable by liability similar to liability for illegal copying. This may be both civil and administrative liability, and in some cases criminal liability.

Important:

• Circumventing technical means of protection in order to gain unauthorised access to a work is illegal, even if you do not intend to distribute the work.
• The law protects not only the work itself, but also the technical means of protecting it.

Therefore, using any means of circumventing technical means of copyrightprotection is a serious offence that may have negative consequences. Respect intellectual property rights and use only legal means of accessing works.

Section 3: Illegal Copying in Different Spheres

Illegal copying affects virtually all areas of creative endeavour and has its own characteristics in each. From literary works and music to software and video games, the problem of piracy exists wherever there are copyrighted works.

In this section we will look at the manifestations of illegal copying in different areas. This will help to better understand the scope of the problem and realise that infringement of copyright can occur not only on the Internet but also in real life.

Subsection 3.1: Literature and Printed Publications

Illegal copying in the field of literature and print media has a long history and, unfortunately, remains a pressing problem today. Despite the availability of legal e-books and online libraries, piracy in this sphere continues to flourish.

Types of illegal copying in literature:

• Pirate digital libraries: Websites that offer electronic versions of books for download without the permission of the copyright holders.
• Illegal photocopying: The reproduction of books, textbooks, study guides by copying machines without the permission of the publisher or author.
• Illegal printing and distribution of books: Clandestine printing houses that print and distribute books without the permission of the copyright holders.
• Violation of e-book terms of use: For example, transferring an e-book file to others where this is prohibited by the licence agreement.
• Illegal distribution of audiobooks: Downloading and distributing audiobooks via torrent trackers and other illegal platforms.

Examples:

• A student downloads an electronic version of a textbook from a pirate website instead of buying it from a bookstore.
• An instructor makes photocopies of sections from a book and distributes them to students instead of encouraging them to purchase a licensed copy.
• A user shares the e-book file with friends on social media.
• An underground printing company prints and sells pirated copies of bestsellers.

Consequences:

• Losses for authors and publishers: Illegal copying leads to reduced income for authors and publishers, which undermines the financial basis of book publishing.
• Reduced quality of literature: Due to insufficient funding, authors and publishers are unable to invest in the creation of quality works.
• Restricted access to knowledge: Piracy can make some books inaccessible to readers, especially those published in small editions or with a highly specialised nature.

Combating piracy of literature is a complex task that requires a comprehensive approach, including improving legislation, raising the legal awareness of citizens and developing legal platforms for book distribution.

Subsection 3.2: Music and audio recordings

The music industry was one of the first to feel the negative impact of illegal copying. The advent of the Internet and digital music formats has made it extremely easy to copy and distribute audio recordings, leading to the flourishing of music piracy.

Types of illegal copying in the music sphere:

• Illegal downloading of music: Downloading music files from pirate sites, torrent trackers, file-sharing networks without paying for them and without the permission of the right holders.
• Creation and distribution of pirated copies: Recording music on CD/DVD discs, flash drives and other media for the purpose of further sale or free distribution.
• Illegal public performance: Playing music in public places (cafes, bars, restaurants, shops) without signing a contract with collective management organisations and paying royalties.
• Violation of the terms of use of streaming services: For example, recording music from a streaming service and its further distribution if it is prohibited by the terms of use.
• Using music in videos without permission: Adding musical accompaniment to videos posted on the Internet without obtaining a licence from the copyright holder.

Examples:

• A user downloads a music album from a torrent tracker instead of buying it from an official online shop.
• A café owner turns on music for visitors without having a contract with a collective management organisation.
• A blogger uses a popular song as background music for his YouTube video without the permission of the copyright holder.
• A user records music from a streaming service and shares it with friends.
• Creating compilations of music on CD discs and selling them on the market.

Consequences:

• Losses for musicians and record companies: Illegal copying leads to significant financial losses for the music industry, which reduces opportunities to invest in new artists and the creation of quality music.
• Reduced quality of music production: Due to lack of funds, musicians and record companies are forced to economise on music production, which negatively affects the quality of music.
• Demotivation of musicians: When musicians are not properly remunerated for their labour, it can lead to a decrease in their motivation and creativity.
• Restricted access to music: Piracy can result in some music becoming unavailable to listeners, especially those that are not commercially successful.

The fight against music piracy is a complex task that requires joint efforts on the part of copyright holders, the state and society. An important role is played by the development of legal music services that offer an affordable and convenient way to consume music.

Subsection 3.3: Films and video content

The film and video content industry is also heavily affected by illegal copying. With the development of the Internet and the advent of high-speed network access, the illegal distribution of films, TV series, TV shows and other video content has become widespread.

Types of illegal copying in the film and video industry:

• Downloading and distributing films via torrent trackers: Users download films from unofficial sources and then share them with other users via peer-to-peer networks.
• Illegal online cinemas: Websites that offer online viewing of films and TV series without the permission of the copyright holders.
• Streaming illegal content: Streaming live video content over the Internet without a licence.
• Recording films from the screen: Illegally recording films during their screening in cinemas and then distributing copies.
• Violation of the terms of use of video content platforms: For example, recording video from a platform and then distributing it if it is prohibited by the platform’s rules.
• Illegally copying and selling DVD/Blu-ray discs: Making and selling unlicensed copies of movies on physical media.

Examples:

• A user downloads a new Hollywood blockbuster from a torrent tracker without waiting for its official release on online platforms.
• A website offers free viewing of popular TV series without permission from the copyright holders.
• A user streams a sporting event through an unofficial channel, infringing the rights of a TV company that has exclusive broadcasting rights.
• A cinema visitor secretly records a film on camera and then uploads it to the Internet.
• Making and selling pirated copies of films on DVD discs.

Consequences:

• Huge losses for the film industry: Illegal copying of films results in billions of dollars in losses for film studios, distributors and other market players.
• Reduced investment in film production: Due to the high risks of piracy, investors are reluctant to invest in the production of new films.
• Reduced quality of film productions: Lack of funding leads to lower quality films, savings on special effects, actors’ fees and the like.
• Closure of cinemas: Illegal distribution of films on the Internet leads to reduced attendance at cinemas, which may lead to their closure.
• Job losses: Piracy in the film industry leads to job losses in film production, distribution and exhibition.

Combating film and video piracy is a priority for rights holders and government agencies. Various methods are used, including blocking pirate sites, prosecuting offenders, and educating the public about the importance of legal content consumption.

Subsection 3.4: Software

Software (Software) is one of the most vulnerable copyrightsubject matter in terms of illegal copying. The ease of copying and distribution of digital products has led to the widespread use of pirated software.

Types of illegal copying of software:

• Use of unlicensed copies of software: Installing and using software without purchasing the appropriate licence.
• Software hacking: Removing or bypassing security mechanisms built into software for the purpose of illegal use.
• Distribution of “cracked” software: Placing unprotected software on Internet resources (file-sharing, torrent trackers) for free download.
• Use of “crackers”, “patches”, key generators: Use of special programs or instructions to bypass licence restrictions.
• Unauthorised copying of software components: Using parts of the code or other elements of the software in your own development without the permission of the copyright holder.
• Violation of the terms of the licence agreement: For example, installing the software on more computers than the licence stipulates.

Examples:

• A user installs a Windows operating system downloaded from a torrent tracker on his computer instead of purchasing a licensed copy.
• A company uses professional graphics software hacked with a “crack” in its operations.
• A student uses a key generator to activate the software for statistical data analysis.
• A website offers “cracked” software builds for download.
• The programmer uses code fragments from someone else’s software in his own project without the permission of the copyright holder.

Consequences:

• Losses for software developers: Illegal copying of software results in significant financial losses for development companies.
• Reduced investment in new software development: Piracy may cause companies to reduce investment in new software development.
• Malware distribution: Pirated copies of software often contain viruses and other malware that can harm the user’s computer.
• Lack of technical support and updates: Users of pirated software do not have access to technical support and updates, which can lead to security and stability problems.
• Legal liability: Using unlicensed software can lead to legal consequences, including fines and even criminal liability.

Combating software piracy is an important task both for rightsholders, and for the state. A variety of methods are used, including improving technical means of protection, raids to identify infringers, and information campaigns aimed at raising users’ awareness of the need to use licensed software.

Section 4: Liability for Illegal Copying

Illegal copying ofcopyrighted works , is a serious offence for which there is liability. In this section, we will look at the different types of liability to which those guilty of illegal copying and distribution of works may be held.

It is important to realise that copyrightinfringement can have both civil and administrative, and in some cases even criminal consequences. Knowledge of these legal provisions will help both copyright owners to protect their interests and ordinary users to avoid the trouble associated with inadvertent infringement.

Subsection 4.1: Civil Liability

Civil liability is the main type of liability for copyrightinfringement , including illegal copying. It is primarily aimed at restoring the violated rights of the right holder and compensating the losses caused to him.

What can a right holderclaim in case of infringement of his rights?

In accordance with the Civil Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights”, the right holder, whose rights have been violated, can apply to the court with such claims:

• Recognition of the right: The court may formally recognise the fact that the copyright of a work belongs to a certain person.
• Cessation of infringement: The court may order the infringer to stop the illegal actions, e.g. remove infringing content from the website, stop selling pirated copies, etc.
• Compensation of damages: The right holder has the right to demand from the infringer compensation for all damages caused to him, including both real damages (e.g., the value of unsold licence copies) and lost profits (income that the right holder could have received if his rights had not been infringed).
• Compensation: Instead of damages, the right holder may claim compensation, the amount of which is determined by the court within the limits established by law. It is often used when it is difficult to determine the exact amount of damages. The Law of Ukraine “On Copyright and Related Rights” provides that compensation shall be paid by court order in the amount of 10 to 50,000 minimum wages, in lieu of damages or recovery of income.
• Seizure and destruction of counterfeit copies: The court may order the seizure and destruction of all illegally made copies of the work, as well as the equipment and materials used to make them.
• Publication of the court decision: The right holder may demand publication of the court decision on the infringement of his rights at the expense of the infringer.

Peculiarities of civil liability:

• In order to bring the infringer to civil liability, it is necessary to prove the fact of infringement, the amount of losses caused (if compensation is required) and the causal link between the infringer’s actions and the losses.
• Civil liability is incurred regardless of the fault of the offender. That is, even if the offender did not know that his actions were unlawful, this does not exempt him from liability.

Important:

• Applying to the court with a lawsuit for copyright protection is the most effective way to fight illegal copying.
• Judicial defence allows you not only to stop the infringement, but also to receive financial compensation for the damage caused.

By defending your copyrights in court, you not only restore justice to yourself, but also contribute to the fight against piracy and foster respect for intellectual property in society.

Subsection 4.2: Administrative Liability

In addition to civil liability, administrative liability is also provided forunlawful copying ofcopyrighted works . This type of liability is imposed for committing offences that do not have a degree of public danger sufficient to be considered as crimes.

Legal regulation:

Administrative liability for infringement of copyright and related rights is established by Article 51-2 of the Code of Ukraine on Administrative Offences (CUoAP).

Offences for which administrative liability is provided:

• Unlawful use of an intellectual property right object: This includes unlawful copying, distribution, public display, leasing and other unlawful acts in relation to copyrighted works without the authorisation of the copyright holder.
• Assignment of Authorship: Publishing another’s work under one’s own name or other intentional assignment of authorship.
• Infringement of rights to the object of intellectual property right: Committing other actions that infringe the rights to the object of intellectual property right and which contain signs of an administrative offence.

Type and amount of penalty:

For the commission of the above offences an administrative penalty in the form of a fine with confiscation of illegally manufactured products and equipment and materials intended for their manufacture and distribution is provided.

• Amount of fine: From ten to two hundred non-taxable minimum incomes of citizens.

Who is authorised to consider cases on administrative offences?

Cases on administrative offences under Article 51-2 of the CUAO are considered by:

• Courts: Judges of district, city district, city or city district courts.
• Bodies of the National Police: Authorised employees of the National Police bodies have the right to draw up protocols on administrative offences.

Peculiarities of bringing to administrative responsibility:

• Administrative responsibility is incurred in the presence of guilt of a person in the form of intent or negligence.
• Proceedings on cases on administrative offences shall be carried out in accordance with the procedure established by the Code of Administrative Offences.
• A ruling on a case on an administrative offence may be appealed in court.

Comparison with civil-law liability:

• Administrative liability, unlike civil-law liability, has a public-law character and is applied by the state represented by authorised bodies.
• Administrative penalties are less strict than civil law sanctions.
• Bringing to administrative responsibility

Subsection 4.3: Criminal liability

The strictest type of liability for copyrightinfringement , including illegal copying, is criminal liability. It is incurred for committing socially dangerous acts that are qualified as offences.

Article 176 of the Criminal Code of Ukraine (CCU) provides for criminal liability for infringement of copyright and neighbouring rights.

Criminal liability under article 176 of the Criminal Code of Ukraine is incurred for the following actions:

• Illegal reproduction, distribution of works of science, literature and art, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcasting programmes, their illegal duplication and distribution on audio and video cassettes, floppy disks, other data carriers.
• Other intentional infringement of copyright and related rights.

Important conditions:

• These actions constitute an offence if they caused material damage in a significant amount.
• Significant amount of damage starts from the amount that exceeds twenty or more times the non-taxable minimum income of citizens (as of 2023, it is from 26,840 UAH and more).
• Especially large size – the amount of one thousand and more times exceeding the non-taxable minimum income of citizens (as of 2023, it is from 1 342 000 UAH and more).

Depending on the gravity of the offence, Article 176 of the Criminal Code of Ukraine provides for the following types of punishment:

• Fine: from two hundred to three thousand untaxed minimum incomes of citizens (from 3,400 to 51,000 UAH).
• Correctional labour: for up to two years.
• Imprisonment: for a term of up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Qualifying signs (aggravating circumstances):

• Committing the offence repeatedly.
• Committing an offence by prior conspiracy by a group of persons.
• Committing an offence by an official using his official position.
• Committing an offence by an organised group.
• Infliction of material damage on a large or especially large scale.

Presence of qualifying signs entails stricter punishment.

Peculiarities of bringing to criminal liability:

• Criminal proceedings are initiated at the request of the victim (right holder) or at the initiative of law enforcement bodies.
• Pre-trial investigation is carried out by investigative bodies.
• The case is considered by the court in accordance with the procedure established by the Criminal Procedure Code of Ukraine.
• The court’s guilty verdict may be appealed in the appeal and cassation procedure.

Important:

• Criminal liability is the strictest type of liability for copyright infringement.
• It is applied only in cases where the infringement has a significant socially dangerous character and has caused significant material damage.

Although criminal liability is less common than civil or administrative liability, it plays an important role in deterring the most brazen copyright infringements and ensuring that intellectual property is adequately protected.

Chapter 5: How can I protect myself from illegal copying?

We have looked at the different types of illegal copying and the liability for these actions. Now it is time to talk about how authors and other rightsholders can protect their works from unauthorised use.

There is a whole range of measures that can be taken to prevent illegal copying, or at least to reduce its negative effects. These measures can be divided into two main groups: legal protection and technical means of protection.

In this section we will look at the main means of protection against illegal copying that are available to right owners in Ukraine.

Subsection 5.1: Legal protection

The primary means of defence against illegal copying is the legal protection of works, which is based on copyright law. Let us consider the main aspects of legal protection in Ukraine.

Fundamentals of Ukrainian CopyrightLegislation

• Constitution of Ukraine: Article 54 of the Constitution guarantees freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, copyright, moral and material interests arising from various types of intellectual activity.
• Civil Code of Ukraine (Book 4): Regulates personal non-property and property rights of intellectual property, including copyright.
• Law of Ukraine “On Copyright and Related Rights”: The main law that regulates in detail the relations in the sphere of copyright.
• International Treaties: Ukraine is a party to many international treaties in the field of intellectual property, in particular the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, etc.

Что дает правовая охрана?

• Признание авторства: Закон признает за автором личные неимущественные права на произведение (право на признание авторства, право на неприкосновенность произведения и т.д.).
• Исключительные имущественные права: Автор или другой правообладатель имеет исключительное право на использование произведения любым способом, включая воспроизведение, распространение, публичный показ, переработку и т.д.
• Возможность защиты прав в суде: В случае нарушения авторских прав правообладатель может обратиться в суд за защитой своих прав и требовать прекращения нарушения, возмещения убытков, выплаты компенсации и т.д.

Copyrightregistration

Although copyright arises automatically from the moment a work is created and does not require mandatory registration, copyright registration with UKRNOIVI is an important preventive measure of protection.

Advantages of registration:

• Simplification of proving authorship: The registration certificate is an official document that confirms your authorship and the date of creation of the work.
• Additional argument in court: Having a certificate significantly strengthens your position in court in the event of a dispute.
• Possibility to register your work with the customs authorities: This will help prevent the illegal import and export of counterfeit copies of your work.

Recommendations:

• Fix the date of creation of the work: Keep source files, drafts, sketches, and other materials that can confirm the date of creation of the work.
• Use the © mark: Place the copyright mark on all copies of the work.
• Consider copyrightregistration : Registration is especially recommended for works that have commercial value or a high risk of illegal copying.
• Enter into contracts with users: If you grant the right to use the work to others, enter into written contracts that clearly define the terms and conditions of use of the work.

Legal protection is the foundation of copyright protection. Knowing the law and taking preventive measures such as copyright registration will help you protect your works from unauthorised copying and ensure that your intellectual achievements are adequately protected.

Subsection 5.2: Technical means of protection

In addition to legal protection, there are also technical means that help rights holders to protect their works from unauthorised copying. These means are not a panacea, but they can significantly complicate unauthorised access to content and its further distribution.

The main types of technical means of protection:

• Digital Rights Management (DRM) systems:This is a set of hardware and software tools that allow controlling access to digital content, restricting its copying, distribution and use. DRM systems can be used to protect music, movies, e-books, software, etc.
  • Examples: encrypting files, linking to a device or account, limiting the number of copies or activations.
• Digital watermarks:These are invisible tags that are embedded in digital content (images, audio, video) and allow the identification of the copyright holderand tracking of the distribution of the work. Watermarks can be visible (e.g. a logo on a photograph) or invisible (hidden in the file code)
  • .Benefits: help identify the source of leaked content, can serve as evidence of copyright infringement.
• Copy protection: Special technologies applied to optical discs (CD, DVD, Blu-ray) to prevent unauthorised copying.
• Access control systems: Used to protect content posted on the Internet. For example, access to certain parts of a website may be restricted by a password or available only by subscription.
• Anti-piracy software: Special software that helps to detect and remove unlicensed copies of software from your computer.

Advantages of using technical means of protection:

• Preventing illegal copying: Technical protections can make it significantly more difficult or even impossible for unauthorised copying of a work to occur.
• Controlling the use of content: Rights holders can control how, where and by whom their content is used.
• Tracking the distribution of a work: Some technologies, such as digital watermarks, can track the distribution path of a work on the Internet.

Disadvantages:

• Not absolute protection: Advanced users may find ways to bypass technical protections.
• May inconvenience legal users: Overly rigid DRM systems may restrict the rights of users who have purchased licensed content.
• Additional costs: Implementation and maintenance of technical protection measures are associated with additional costs for rights holders.

Recommendations:

• Use technical remedies selectively, taking into account the specifics of the work and potential risks.
• Combine technical remedies with legal protection to ensure comprehensive copyright protection.
• Inform users about the use of technical remedies and how to use content.

The use of technical defences is an important element of an anti-copying strategy. However, it should be realised that these tools are not a panacea and should be used in combination with other methods of copyright protection.

Conclusion

Illegal copying is a serious problem that harms authors, copyright holders and society as a whole. We have looked at what is considered illegal copying, what types of illegal copying exist, and what the penalties are for this offence in different areas, including literature, music, film and software.

It is important to remember that there are both legal and technical defences to illegal copying. Copyrightowners should know their rights and be able to protect them, using all available tools, including copyright registration, the use of technical defences, and recourse to the courts in case of infringement of their rights.

However, the fight against illegal copying is not only the task of rightsholders. Each of us as consumers of content should be aware of the negative consequences of piracy and make our choice in favour of legal sources. Respect for copyright and intellectual property is an important component of building a civilised society.

Of course, it can be difficult to understand all the intricacies of copyrightlaw and the nuances of protection against illegal copying on your own . That is why it is important to have a reliable partner who can provide qualified assistance. Polikarpov Law Firm has many years of experience in protecting intellectual property and, in particular, copyright. Our lawyers will help you develop an effective strategy to protect your works, provide advice on the legality of content use, and represent your interests in court in case of disputes. With Polikarpov Law Firm you can be sure that your copyrights are well protected.

We hope that this article has helped you to better understand the problem of illegal copying and ways to solve it. Remember that using licensed content is not only legal, but also profitable, because you get a quality product, support from developers and make your contribution to the development of creativity and innovation.

We also recommend reading the article “Copyright Infringement: How to Protect Your Rights?” to deepen your knowledge in the field of copyright protection .