Protection of content from an illegal copying, or protection of authors’ rights on the Internet

The Internet is full of various information for the time being. We can find there everything we want; it is required just to type the necessary words in the search box. Similarly easy is to copy data from one website and place it on another. Certainly, such an act is illegal and, moreover, criminally punishable. How to protect the web content from swindlers in today’s realities? Exactly this issue is to be raised.
Protection of a website, its internal and external content is conducted under the Law of Ukraine “On authors’ and related rights”. However, the practice shows that the application of the above-mentioned normative act’s provisions is not rational so far. In fact, many notions, such as the web site, content, etc., have been not defined.
First of all, it is important to find out which one type of content you wish to protect: multimedia or text. The most widespread method being effective in 90 percent of cases is the application of so-called “watermarks” on author’s images, prohibition of text selection on the website pages or right-clicking of mouse. Certainly, these methods have some effect only on very lazy “copyrighters” who don’t know what other methods may be used to steal information from the website, but they are really effective enough. Such a method protects both multimedia and text.
The second method is a direct influence on an infringer. But in what way? Writing of a letter to the website owner. The letter may allege that a definite website violated your copyrights, addressing to the provisions of current legislation, and requiring to delete the stolen data. Is it lawful, if the copyrights of your web content have not been registered yet? Undoubtedly, as the part 2, article 11 of the Law of Ukraine “On authors’ and related rights” provides for that the copyright on the work arises as a result of fact of his creation. For the establishment and realization of copyright, registration of the work or any other form of its recording is not required, as well as the implementation any other formalities.
The next method is the influence on a provider. Provider is a person who offers the hosting for a website that violated your copyrights. Pursuant to the current legislation, the provider does not bear responsibility for everything stored on websites he gives hosting to. But the notice with a requirement for deleting the data from the website hosted by the provider may be filed, as it goes about the business reputation of such a hosting.
It is important that the search engines struggle against illegal copying of the content as well, because the quality of a search still cannot be high, while the same information appears in every single page. For instance, a search engine Google offers an opportunity to file an electronic report on the stolen content, it will be considered, and as a result, the copied resource will be removed, or your website will be cited as an original source.
Any of the described methods of web content protection can be secure for certain but it is possible to try to protect the copyrights and punish the infringers by the above-mentioned methods.
If any of the methods was effective, then it means that it is necessary to apply to the court with a lawsuit for the protection of the violated author’s rights. Important, the facts that the court proceedings may result in a considerable delay and the collection of a necessary evidential base is complicated enough, shall be taken into consideration. For the present, the screenshots of a website in court do not have the force of proper evidence, therefore the conduction of corresponding expertise is required. There are only a few resources within Ukraine being able to fix the fact of your authors’ text or image theft. But exactly that can become a good defence in court by claiming damages for the harm to business reputation, lost income etc.]]>

Protection of content from an illegal copying, or protection of authors’ rights on the Internet
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A new law on virtual assets: the picture is formed, but without details. On September 8, 2021, the Verkhovna Rada has finally adopted the long-awaited law "On Virtual Assets", which clarified many ambiguous points. This is especially true for the status of cryptocurrency and the rules of its circulation in the country. Let`s take a closer look at novelties. An ambiguous term Let's start with what the legislator actually means by "virtual assets". There are the following features:  they are an intangible good (cannot be represented on tangible media)  fall under the list of objects of civil rights (that is, they can be owned and be disposed of)  represent an electronic form of a set of data (essentially, they are blocks of information put in order);  the existence and circulation of assets are due to software tools (specific electronic environment). From these features we can draw the following conclusion: virtual assets are not limited to cryptocurrency. Digital currency is part of the concept, but other instruments, such as tokens, NFTs, or even in-game items, fall under the definition. Actually, the actual existence of most digital products, having a certain value, is due to the software environment (ecosystem), either it is blockchain technology, a trading platform, or an online game server. It should be noted that the attempt to define virtual assets was already made in the adopted Law of Ukraine in counteracting money laundering. In this act, they understand it as digital means of payment, which goes against the new definition. As a result, there are now two different explanations for virtual assets, which causes significant confusion not only in regulation but also in interpretation. It is definitely necessary to expect clarifications from competent state bodies. Let's return to the new law. Its application covers legal relations in which the "Ukrainian element" is present:  provider or recipient of services represented in Ukraine;  an agreement according to which the turnover of virtual assets is carried out in accordance with Ukrainian legislation;  the acquirer of assets (or both counterparties) is a resident(s) of Ukraine. The law also introduces an interesting division of all virtual assets into two groups: secured and unsecured. Here again, there is a problem of interpretation. The first category includes products exchanged for (state) currency, the second category includes instruments that can be exchanged only for other digital assets. There is an alternative opinion: that the turnover of secured assets is supported by real goods (money or other property), while unsecured ones are not supported by anything. The latter interpretation is the most credible, as the new law stipulates that virtual assets are NOT means of payment. Moreover, they cannot be exchanged for real goods, be they property, services or money. This significantly narrows the potential for the use of virtual assets not only for commercial but also for civilian purposes. About obligatory licensing The new law states that in some cases, the use of virtual assets will require licensing. The 4 types of activity are mentioned:  storage and management of virtual assets (or its` keys)  servicing of exchange operations with virtual assets (both for other analogues and for real goods);  translation of digital assets;  any intermediary services. A list is quite impressive, but there are some important exclusions:  if your service works with cryptocurrency wallet (it means users can dispose of accumulations into cryptocurrency independently);  If your service works on smart contracts or decentralized protocol, based on which internal transfers are performed. As to intermediary services, everything is more compicated. Actually, any mediation is based on the public share offering. That is why it is subject to licensing. How to get a license? A company that wishes on legal grounds to engage in virtual assets must satisfy legislative requirements. The key role is played by the minimum amount of the statutory capital, which equals 1,19 million hryvnyas (for non-residents it is 5,95 million hryvnyas) in case of storage and administration. For other types of activity (trading, translation and mediation services) the minimum size of the statutory capital amounts to 595 thousand hryvnyas (for non-residents is 2,98 million hryvnyas). The order of the registration of license:  to compose an application and prepare documents.  to pay state fee (68-136 thousand hryvnyas for residents and 340-680 thousand hryvnyas is for non-residents).  to pend review of the request (30 days).  to get a license. The duration of the license is 1 year. No norms about the continuation of legal force of permission are set (we are expecting amendments or explanations from the Ministry of Digital transformation of Ukraine). Notably that non-residents must pay a far greater sum, than domestic companies. The Ukrainian legislator obviously encourages an internal market, getting rid of a strong foreign presence (that, in fact, coincide with modern politics of the state on the whole). Together with an application, the following documents must be prepared: The access code to the copy of the Statute of the company (or the foundation agreement) kept in an electronic file in the database of the Unified State Register of Enterprises and Organizations (USREO);  Funding sources of the statutory capital (where the money are taken from);  confirmation of the actual injection of money;  information about beneficiaries (special attention must be paid to business reputation);  the information about the director and founders;  the check about payment of state fee;  the internal regulations, in accordance with which ones, the privacy policy rules are regulated. In the terms of volume of necessary documentation of licensing is very alike with complete registration of legal entity. It is understood that the state wants the severe adjusting of activity of organizations that will engage in virtual assets. Is it already possible to get a license? The adoption of the law by the parliament is a significant step forward in adjusting and legal market of virtual assets creation in Ukraine. However, the new rules haven`t come into effect yet - their term of introduction depends on making amendments in the Internal Revenue Code. It is yet unknown, when a legislator will decide to enter the renewed system of taxation for such assets. Being "IT-hub" and territory, where cryptocurrency enjoys large popularity, the question of taxes must be decided maximally safely. Despite the presence of obvious gaps in interpretation, a new law on virtual assets gives the official narrative of what takes place and that, how the legal relationships related to cryptocurrency will be regulated. It is to be hoped that in the nearest time the Ministry of digital information will give out the detailed explanations concerning debatable norms.

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