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Defense in a case of copyright infringement

Copyright is understood as a whole set of personal non-property and exclusive rights of an author to a work created as well as other rights such as the right to remuneration or the right of inheritance.

The law makers provide, depending on an extent and degree of harm caused to an author, for:

  • administrative liability,
  • civil-law liability,
  • criminal liability.

It is to be noted that the infringer's ignorance of the existence of copyright does not relieve him/her from the duty to stop use of an intellectual property object immediately and from liability.

Methods of protection

Infringed rights of an author may be protected by one of the following methods:

  • Claim-based pretrial procedure of settling a dispute;
  • Protection of the author's interests before a court.

The method of protecting copyright depends primarily on the fact what exactly author's right is infringed. As a rule, an infringement relates to the exclusive right to use an intellectual property object.

Thus, in a case of illegal use of a work, its author may claim:

  • recognition of his/her right;
  • termination of its illegal use and seizure of material carriers containing the work;
  • recovery of damages or payment of a compensation in an amount provided for in the law;
  • publication of a court decision indicating the real author.

In a case where the author's personal non-property rights are infringed, i.e. the rights that belong to him/her in virtue of the fact of creation, are inalienable and not subject to registration, the author is entitled to claim, apart from the above, that the infringer should:

  • restore the state of affairs existing before infringement of the right;
  • pay a compensation for moral damages (instead of reimbursement of losses).

Legal services in the field of copyright include:

  • Follow-up in the pretrial regulation procedure in cases of disputes over copyright infringement;
  • Preparation of a legal position and an evidence base, representation on a court of any instance;
  • Preparation of a set of documents required for deposition and registration of the author's rights with the Russian Authors' Society.