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How to register and how to protect the copyright of a book? Description of different ways

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Dear colleagues, 06/16/2019 - more than a month ago, I asked you to provide financial assistance in connection with the situation around the portal and the search for ways out of it. Today I can tell you about the first results of the campaign to collect donations and what else has changed.

Why is registration necessary?

Both international legislative acts (Berne Convention of 1886) and civil law establish provisions that copyright is not required to be registered, and that the fact of creation of a work gives the person the authority to use the object of intellectual property.

However, the law does not establish a direct prohibition on the deposit, notarization or use of other methods to indicate yourself as the author: in the future, if there are disputes during the creation, during or after the publication of the book, the author will have evidence to file claims or lawsuits against the copyright infringer and exclusive rights.

The legislative framework

Copyright and, in particular, the right to publish a literary work can be divided into two categories of regulators:

  • international law (represented by a number of conventions and treaties in which the Russian Federation participates),
  • national law (Part Four of the Civil Code of the Russian Federation, certain legislative and by-laws).

Among international treaties, the following are important:

  1. 1886 Berne Convention for the Protection of Literary and Artistic Works.This document is one of the most important regulators of copyright and related rights worldwide, despite the fact that it has been around for many years. As a regulator of copyright in a book, the convention approves the following provisions:
    • which work is considered published
    • rights of authors who are citizens of non-member countries of the convention,
    • regulation of the exclusive rights of the author of a literary work, etc.

The Convention allows concessions to the national laws of the participating countries in certain matters, for example, in setting its copyright term after the death of the creator of the work (50 years under this convention).

  • Universal Copyright Convention (Geneva, 1952).This convention is a more modern version of the Berne Convention. It does not cancel its predecessor, but supplements it with separate provisions and sets less stringent standards (for example, it reduces the minimum term of copyright after the death of the author to 25 years, while not prohibiting national law from setting its own longer term). The rules of this document do not have retroactive force, i.e. do not apply to works written before the state joined the convention.
  • WIPO Copyright Treaty (1996). The copyright agreement (its second name) recognizes the current effect of the Berne Convention, establishes the necessary prohibition on the distribution of a work on the Internet without the knowledge of the author, etc.
  • TRIPS Agreement (1994).Distribution of this treaty relates to the World Trade Organization. Its main principles also include recognition of the legal force of the Berne Convention, but in contrast to it, the TRIPS agreement protects the copyright of not only citizens of the countries participating in the agreement, but also authors around the world in general.
  • It is necessary to highlight the regulatory acts governing liability for copyright infringement:

    • Administrative Code of the Russian Federation (Article 7.12 regulates liability for the illegal use of copyrighted works, and part 2 of Article 14.33 regulates unfair competition in the field of the circulation of intellectual property results, including books).
    • Criminal Code (Article 146 of the Criminal Code of the Russian Federation regulates liability for plagiarism in a large (more than one hundred thousand rubles) amount and illegal use of a work that brought the offender income in a large or especially large (more than 1 million rubles) amount).

    If the composition of the copyright infringement on the book coincides with the above compositions, the person must apply not to the judicial, but to the law enforcement bodies:

    1. To initiate an administrative case - to the Ministry of Internal Affairs.
    2. To initiate a criminal case, go to the investigative department of the IC of the Russian Federation at the place of residence.

    Validity

    In accordance with Art. 1281 of the Civil Code of the Russian Federation copyright lasts throughout the life of the author of the book and 70 years after his death. The calculation of the term begins on January 1 of the year following the year of death of the person.

    The course of the copyright term for works published anonymously or under a pseudonym (when the real identity of the writer is unknown) is regulated somewhat differently. It begins on January 1, following the year of the publication of the work, and lasts for 70 years.

    How to protect?

    The author of a literary work has the right to choose any method of protecting his rights: both pre-trial and claim. Both forms suggest the following outcome for a person if he has enough evidence:

    • recognition of the right of the author,
    • suppression of further violation by the opponent,
    • compensation for losses incurred by the author,
    • compensation for harm
    • seizure of counterfeit goods.

    Pre-trial defense

    This type of protection is also called claim. The author of the work draws up a letter to the person who violated his rights, which should contain:

    1. Name (or name of organization) and address of the violator.
    2. Name and address of the person whose right has been violated.
    3. Title of the document (“Claim of copyright infringement”).
    4. Grounds of claim (the essence of the violation).
    5. References to the legislation.
    6. Information proving the violation.
    7. Requirements of the author (the amount of damage, including moral damage, the requirement to stop committing certain actions, etc.).
    8. A list of documents in the annex to the claim (if any).
    9. Date and signature of the author.
    • Download Book Infringement Claim Form
    • Download a sample letter of claim for copyright infringement on a book

    Since the claim procedure is not required in the protection of copyright, a person has the right to apply to the court immediately or after receiving a refusal to fulfill the conditions of the claim letter.

    Intellectual property law distinguishes the following judicial remedies:

    • recognition of copyright - allows you to establish the true copyright holder of intellectual property (work),
    • Compensation claim - designation of the amount calculated taking into account the degree of guilt of the offender, the duration of the offense, etc.),
    • Compensation of damage - recognized as an alternative to compensation claims, most often put forward when the defendant uses a work without a license agreement, which caused damage to the author and subsequently led to loss of profit,
    • suppression of the commission of a further offense,
    • seizure of counterfeit copies of the book,
    • publication of a court decision in the media is an additional confirmation of the recognition of copyright in order to avoid further disputes.

    Proving

    In order to avoid legal disputes and resolve everything in a complaint procedure or to do without such problems at all, the author of the work is recommended to register or otherwise officially confirm his attitude to the written work. Why is it recommended? Domestic law recognizes the writer his rights from the moment the work is created.

    Escrow

    The escrow procedure means the transfer of a copy of a work to a specialized organization for storage. Thus, the date of receipt of the work is fixed, and it will matter in court who previously confirmed their rights to the book.

    Deposits, except for the date, fix:

    • the fact of the existence of a literary work in the form in which its author brought it,
    • copyrights of the person who provided the book (in accordance with Article 1257 of the Civil Code of the Russian Federation).

    In order to make a deposit, the author needs:

    1. Submit an application to the depositor selected by the author.
    2. Conclude an agreement with such an organization to keep a copy of the work.
    3. Prepare the necessary documents, in this case, a printout of the book.
    4. Pay for the registration of the deposit (each organization sets its price).
    5. Get a certificate of registration.

    Other methods

    There are other ways to confirm copyright in a literary work.:

    1. Notarization. In fact, this procedure will be called the "certificate of time of presentation of the document" Art. 85 of the Fundamentals of the legislation of the Russian Federation on notaries, i.e., again, the author will be able to prove that he wrote the book before. To implement this procedure, you must:
      • provide a passport and 2 copies of the work, at the end of each leaving enough space for notarial printing,
      • receipt of payment of a notarial tariff (the price is determined by a notary independently, taking into account the Fundamentals of the legislation of the Russian Federation on notaries).
    2. Sending a letter to yourself. The creator of a literary work can send a registered letter or parcel via mail, which will allow him to re-register the date of departure. This method is acceptable in the electronic version, by sending yourself an email or message on a social network.
    3. Public release of the work. This method is risky. If the book is “stolen” and registered with a notary or is donated by another person, the court will most likely take his side. Publication is best done after registration procedures.

    Required documents

    To register a book, you must provide:

    • a statement containing the name of the work, full name of the author and co-authors,
    • passport of a citizen of the Russian Federation (if a copy is provided, it must be notarized) or a birth certificate if the author has not reached the age of 14, with the permission of the parents,
    • if available - SNILS and author TIN,
    • permission to process and disseminate personal data,
    • an agreement signed by a person with RAO,
    • copy of the work with the signature of the author and its decoding.

    There is a difference in the design of printed and electronic documents. All electronic documents must contain a qualified electronic signature.

    If filing is done through a representative by visiting the organization, a power of attorney must be attached to the documents.

    Step-by-step instruction: how to issue?

    1. Submission of documents. It can be done in several ways:
      • in person (by visiting an organization in Moscow on B. Bronnaya St., 6A, p. 1) or through a representative,
      • by post
      • by e-mail, after specifying all the details (E-mail: [email protected]).
    2. Provide originals of some documents at the request of RAO.
    3. Entering information in the base of radioactive waste.

    In the Russian Book Chamber

    The Russian Book Chamber allows authors of works to register them with themselves, which in the future can also serve as proof of copyright. Deposits are made for a period of 10 years. In addition to him, a person who has written and has not yet published a book receives:

    • proof of copyright
    • bibliographic processing of the work.

    As such, the RCP does not currently exist.. The organization has been liquidated, all of its powers have been transferred to ITAR-TASS.

    Step-by-step instruction: how to do?

    1. The application and documents can be submitted by personal visit, by mail (Moscow, Zvezdny Boulevard, house 17, building 1. room 302 (office building, 3rd floor) or electronically ([email protected]).
    2. After receiving all the necessary documents, registration of the work is carried out. Information is also displayed on the ITAR-TASS website.

    There are many ways for authors to register their book: this is sending a letter to oneself, notarization, depositing, and contacting organizations working with authors. Each writer can choose the method that is most convenient for himself and, in any case, will benefit from disputes.

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