In the age of digital technologies, copyright issues are particularly important for anyone who wants to attract the attention of the world to itself. Whether it is a programmer, designer or business owner, the issue of copyright infringement and its reliable protection can affect everyone.
Copyright can be defined as the aggregate of rights that belong to an author in connection with the creation and use of a work of literature, science or art.
The essence of the presumption of authorship principle is that copyright in a work arises upon its creation, that is, registration or other formalities are optional. The author is the person who is indicated in the work, unless otherwise is proven (usually in court).
The “material embodiment” or the external form of expression of the work (text, drawing, photo, video) is protected.
Abstract ideas, conceptions, facts, techniques, etc. are not copyright objects and are not subject to protection
With it, sometimes there are disputable situations about the object authorship. To protect yourself in advance, you can use several of the proposed tools:
- publication of a work with the author’s name in print and online publications;
- sending a work to yourself by mail: the date stamp on the envelope can serve as evidence in the event of a legal dispute;
- copyright registration is a procedure that is exclusively voluntary and is not subject to any examination; the actually authorized body (Ministry for Development of Economy, Trade and Agriculture of Ukraine) fixes the fact of copyright registration by issuing a certificate.
As the practice and experience of the law firm VigoLex shows, a copyright certificate is the fastest and most effective mean that can minimize the risks of intellectual property rights infringement.
Benefits of registered copyrights:
- officialconfirmationthatthework has alreadyexistedatthedateofapplication;
- additional remedies at the copyright owner in comparison with unregistered rights when defending interests in court about infringement of intellectual property rights;
- a privileged position in relation to all other parties, therefore, a potential infringer will not be able to challenge the copyright existence in court until it challenges the authorship certificate (for example, in the USA);
- possibility to make entries in the customs registers on the prohibition of import of intellectual property objects on the basis of documents on registered copyrights;
- possibilitytoregisterpropertyrightsforaworkonanotherperson, andnotontheauthorhimself/herself;
- possibility to assess a work in monetary equivalent.