Rus Articles Journal

How to protect the copyright?

Each of us in a varying degree are the author. One compose verses or music, take the picture, others create scientific works or write articles to magazines. In the modern world at a modern level of development of information technologies more and more people create works in a digital form. Keeping work in the form of the file, publishing it in the Internet, many do not reflect how actual is a question of protection of copyright, considering availability and simplicity of copying, and subsequently, perhaps, and illegal use of work of the author by other people.

According to the legislation of the Russian Federation of official procedure of registration of copyright does not exist. The exception is made only by the computer programs and databases registered in Rospatent. In paragraph 4 of article 1259 of the Civil Code of the Russian Federation it is written down: “Emergence, implementation and protection of copyright does not require registration of work or observance of any other formalities“. However in practice very often authors face need in advance to provide proofs of the rights for object of intellectual activity to insure itself from loss or non-recognition of the rights of the author.

The main method of preventive (preliminary) protection of copyright is the method of providing itself with proofs of existence at the author of certain objects of copyright of a certain date. The most popular methods of formation of such proofs are: deposition of work in author`s society or law firm, the notarial certificate of date and time of work, use special the Internet - services or sending work by mail to the address.

the Mailing of documents to the address

the Letter is not opened with

before dispute emergence. The stamp with date on a post envelope provides the proof of date of existence of documents. However this way of providing a temporary priority is represented inconvenient as is disposable, unreliable and easily challenged as extremely seldom envelopes are ideally sealed, and respectively, the opponent in court can declare that the envelope was opened.

Deposition of works

Deposition of works are engaged in

many organizations, for example, author`s societies or law firms. A deposition essence - placement in archive of the organization of the printing copy of the registered work and issue of the relevant document confirming the fact of deposition and its date.

Deposition is not the state registration of copyright and therefore does not guarantee “automatic“ recognition for the applicant of authorship, and in fact, just fixes time of presentation of work or work. I.e. copyright all the same will be able to challenge in case of presentation of the corresponding, stronger evidences, and the court will consider the document on deposition as one of proofs, on an equal basis with others.

In this regard, the notarial certificate of date and time of registration of work is more “solid“ proof since it is carried out not by the organization, and the authorized officer having the state license and often deposition costs cheaper, than.

Perhaps, the only practical advantage of deposition, for example, in the Russian Author`s Societies (RAS) before a notarial way is that a number of the companies prefers to deal with authors in the presence at them the certificate of Russian joint stock company on work registration (for example, some concert organizations).

the Notarial certificate

Notarial an udostovereniyedata and time of presentation of the document (for example, the text of work), is the good and proved way of protection of copyright. However and this way has certain “minuses“.

The main conditions of commission of notarial actions are: understanding the notary of sense of the certified document and presence at the shown document of the corresponding requisites, for example, the autographic signature or the “wet“ press of the organization.

All this does not create problems in the certificate of usual, printing documents, but complicates or makes impossible the notarial certificate of electronic documents, especially if the electronic document and its printing copy have serious divergences owing to features of a format of the electronic document, density of information or its size. For example, when printing photos in big permission the image received on paper will not correspond to the electronic copy since permission and color will change.

Therefore for document registration and works in a digital form it is better to use specialized the Internet - services.

Services of registration of electronic documents

the services rendering services of formation of a priority can be divided Today into two main categories:

• the services using own mechanism of fixing of time and data;

• the services using services of the specialized organizations.

In essence, the first category of services differs in nothing from usual depositary, besides time of the publication of data on such website is provided with nothing, except the word of honor of his administrator, and the invariance of the deposited data is not guaranteed. Thus, the facts formed in such a way are not reliable .

The principle of work of the services getting to the second category consists in receiving for the registered data of a digital stamp of time which can be considered as the proof of existence of the electronic document (data) on a certain timepoint.

For receiving digital stamps and the certificate of time such services interact with the Certification centers having the state license of FSB and FSTEC of Russia and operating according to the federal law N 1 - Federal Law of January 10, 2002. “About a digital signature“.

The proof of existence of the electronic document for date and time can be used for various purposes, in particular - for the proof of copyright of the registered object of intellectual work or the fact of precedence of the event recorded in the digital document (the text, the image, a sound).

As activity of such service is based on provisions of the federal law (the law on the EDS), such way of formation of the proof of copyright can be considered comparable on reliability with the notarial certificate.