Thursday, June 30, 2011

How to protect your copyrights?


Some write poems or music,CD take photos, others create research papers or writing articles in magazines.  In the modern world at the present level of development of information technology, more and more people create works in digital form.  Keeping the product in the form of a file by posting it on the Internet, many do not realize how urgent is the issue of copyright protection, given the accessibility and ease of copying, and then, possibly, illegal use of labor's other people.
In accordance with Russian law a formal procedure of registration of copyright exists.  The only exceptions are the computer programs and databases that are registered in Rospatent.  Paragraph 4 of Article 1259 of the Civil Code reads: "For the creation, implementation and protection of copyright works do not require registration or compliance with any other formalities."  However, in practice very often the authors are faced with the need to provide documentation proving their rights to the object of intellectual activities to insure against loss or non-human author.
The main method of prevention (pre-) copyright protection is a method of providing evidence of the existence of the author of certain objects of copyright on a certain date.  The most popular methods of forming such evidence are: deposit of copyright works in the community or law firm, notarization date and time works, and special online services or send the product by mail to your address.
Mailing documents to your own address
The letter will not be opened until the dispute.  Stamp with the date on the mail envelope provides evidence of the date of the existence of the documents.  However, this method appears to provide temporary priority uncomfortable, because it is a one-time, insecure and easily challenged because rarely perfectly sealed envelopes, and accordingly, the opponent in court may declare that the envelope was opened.
Deposition in the works
Deposit of works by many organizations, for example, copyrights, society or law firms.  The essence of the deposit - accommodation in the archives of the printed copy of the recorded works and issue an appropriate document confirming the deposit and the date.
Deposition is no state registration of copyright , and therefore does not guarantee the "automatic" recognition of the applicant authorship, and in fact, simply fixes the time of presentation of the work or works.  Ie  copyrights will still be able to challenge in case of presentation of the more compelling the evidence and document the deposit of the court would be regarded as one of the proofs, along with the other.
In this regard, notarization date and time of registration of the work is more "solid" evidence, because  by not an organization but an authorized person who has a state license, and often costs less than the deposit.
Perhaps the only practical advantage of deposit, for example, in the Russian Authors' Society (RAO) in front of a notary method is that some companies prefer to deal with the authors if they have a certificate of registration of waste products (eg, some concert halls).
Notarization
Notarization of the date and time of production of the document (eg, text, product) is a good and proven way to protect copyrights.  However, this method has some "cons".
The main conditions the commission notarial acts are: understanding the meaning of identity document by the notary and the presence of a charge against the relevant details of the document, such as a handwritten signature or a "wet" printing organization.
All this is not a problem in the certification of conventional, printed documents, but makes it difficult or impossible for notarization of electronic documents, especially if the electronic document and hard copy are important differences due to the nature of the electronic document format, information density or size.  For example, if you print photographs in high resolution image, taken on paper, does not correspond to an electronic copy, as  change resolution and color.
Therefore, for the registration of documents and works in digital form is better to use specialized Internet services.
Services registration of electronic documents
To date, projects that provide services to the formation of priority, can be divided into two main categories:
• services using its own mechanism for fixing the time and data;
• services that use the services of specialized organizations.
At its core, the first category of services is no different from conventional depositary, to the same time, the publication of data on this website in no way is provided, but an honest expression of his administrator, and the immutability of deposited data is not guaranteed.  Thus, formed in this way the facts are not reliable.
The principle of operation of services that fall into the second category, is to get to the recording is digital time stamp, which can be considered as proof of the existence of an electronic document (data) at a given time.
For digital certificates and stamps of the time these services interact with the certification authority, which have a state license and FSTEC FSB of Russia and acting in accordance with federal law N 1-FZ of January 10, 2002 "On electronic digital signature".

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