Legal encyclopedia. Letter H

PROTECTION OF COPYRIGHT AND RELATED RIGHTS

- a set of measures aimed at the restoration and recognition of these rights when they are violated or challenged.

Subjects of the right to protection are authors of works of science, literature and art, holders of related rights, as well as their heirs and other successors.

Violator of copyright and related rights is a physical or legal entity that does not comply with the requirements established by law.

Civil, criminal and administrative responsibility for violation of the copyright and related rights provided by the current legislation.

Ways of protection of copyright and related rights are legal-enforcement measures of a forced nature by means of which restoration (recognition) of violated (contested) rights and influence on the offender are made.

Owners of exclusive copyright and

Related rights have the right, at their choice, to use the following methods of protection:

1) recognition of copyright or related rights arises when the presence of a person's right is questioned, copyright or related rights are disputed, denied or there is a real threat of such actions;

2) the restoration of the situation that existed before the violation of the law and the cessation of actions that violate the law or threaten its violation (for example, the author who discovered that during the preparation of his work for publication or in the course of its use there were made unconstrained changes, May require the restoration of the work in its original form);

3) compensation for losses, including lost profits;

4) recovery of income received by the violator as a result of violation of copyright and related rights, instead of compensation for damages;

5) payment of compensation in the amount of 10 to 50 000 times the minimum wage established by the legislation of the Russian Federation, determined at the discretion of the court or arbitration court, instead of compensation for damages

Or collection of income;

6) adoption of other measures provided for by legislative acts related to the protection of their rights.

In addition to damages, collection of income or payment of compensation in a fixed amount, a court or arbitration court for violation of copyright or related rights collects a fine of 10% of the amount awarded by the court in favor of the plaintiff. The amount of fines is sent in accordance with the procedure established by legislation to the appropriate budgets.

For the protection of their rights, holders of exclusive copyright and related rights have the right to apply to the court, arbitration court, arbitration court, inquiry body, preliminary investigation bodies in accordance with their competence in the established order.

Counterfeit copies of works or phonograms are subject to mandatory confiscation by decision of the court or judge alone, as well as by a decision of the arbitral tribunal. Confiscated counterfeit copies of works or phonograms are subject to destruction, except for cases of their transfer to the owner of copyright or related rights at his request. The court or judge alone, and

The arbitral tribunal may decide to confiscate materials and equipment used to manufacture and reproduce counterfeit copies of works or phonograms.