How to prove copyright

The problem of proof of copyright infringement, to date, largely because of the existence of Internet is one of the most acute and important. In order that, if necessary, to easily prove your copyright should legally competent and timely approach to gathering evidence of his authorship.

Instruction

According to article 9 of the RF Law "On copyright and related rights", the author of the work, in the absence of proof to the contrary, shall be the person indicated as the author on the original or one of the copies of the work. Thus, if the author of the publication on paper are sufficient to prove their rights to present an instance, published or printed before the pirate, the person who posted his work on the website, no proof of the date of publication. In this situation, you can resort to the testimony of the witnesses, but it is not always possible to find, and the court may treat their testimony very skeptical.

Ensure the protection of their copyright. Contact the notary by which it is possible to prove the authorship of not only articles, but also audio and video recordings, and even a whole website with all its content. A document certified by a notary, has substantial probative value in litigation.

Assure at the notary the text of the publication, with the sign of authorship, the author's name and year of publication. The notary certifies the signature of the author and indicates the date of a notarial act, it is further noted in the registry.

To prove your copyright on audio, video or web site with the content pack into the envelope binder sheets and disks with information. When making the envelope, the notary will seal it with my seal, and together with you will leave a signature. Date of transfer of the envelope will be recorded in the registry. The author can pick up an envelope from or write to storage at the notary.

In most cases, digital works require appropriate digital protection. It can be almost accurately identifying the author watermarks, which are used in the files. The second method is the analogue of the notary certification of works in digital form is a web-Depository that stores copies of works with a fixed date entry in the registry. This option avoids the need for translation of works in analog form. In this case, shall be certified by not only the date of receipt of the works to the Depositary, but also the work itself that is a powerful argument in litigation.

When creating works in the framework of their duties, a sign not only of civil-legal contract, but also get the drafting of author's contract. It is necessary to distinguish the concept of copyright and the exclusive right to dispose of the product. The copyright of the works is the company – the employer of the author. The author has the right to dispose of the product at its discretion only in case, if the owner has not used the product of the authorship within three years. These nuances included in the author's contract will help to avoid any unpleasant situations with the proof of authorship.

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