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Strong evidence of authorship

In disputes over intellectual works, the parties claim that the authorship belongs to her, and opponents use the work illegally. The victory goes to the party that will provide more convincing evidence of their copyright to the work.

Strong evidence is considered:

Publication of the work with the indication of the author in paper journals, books, periodicals.
If Your article is published in a paper journal and the publication date is earlier than the publication date of the other party, the copyright will be recognized as Yours.
Notarized Protocol of examination of the work posted on the account in the social network or website.
If you have published your work on a social network or on a website, you can certify the fact of publication by a notary. In this case, if the date of the certified inspection report is earlier than the date of publication of the work by the other party, the copyright will be recognized for You.
Certificate of copyright to the work.
Such certificate shall be issued by the special organization by the Registrar. This means that the organization has undertaken to preserve your work for 70 years and to provide evidence that you are the author.
Many authors use technical means of copyright protection. For example, imagine sending a registered letter. But there are a number of reasons why sending a letter to yourself is not the best proof. First, Yes, there really is a postmark and You sent it. But the letter can break, get lost, and if you are constantly creating copyright objects, then in a few years you will have a good archive the size of a room. And the question is: how then to understand what work is in the envelope? Then it is necessary to be consistent, to sew and sign the manuscript, to put on it the date of creation and to form an inventory of investments in the envelope, so that you can distinguish works from one another.

It is also impossible to rely on testimony. First, in a few years, even if You still communicate with their witnesses and they will not leave, it is unlikely to be able to say exactly and in detail, as it was. In addition, the court is quite entitled to doubt their testimony, because few people remember what happened to him even a month ago.

You can, of course, include the disk for depositing copyright works in RAO, if You are a musician and haven’t tried. But in accordance with its Charter RAO does not establish authorship, so for the payment of remuneration you will be offered to come as soon as the songs sound on the radio. And then bring one of your own. Therefore, unfortunately, it is impossible to refer to the fact of registration in RAO or WIPO as a basis for the emergence of the right. But this may be circumstantial evidence, if it happens that there are no others.

But why complicate things? After all, if you have a certificate and the date of issue of the certificate before the date of publication of the work by the other party, the copyright is recognized for you.

Legal practice shows that the certificate is the most reliable way of registration of ownership of the intellectual work. Therefore, the rights to the most valuable digital objects (for example, copyrights to an article on the Internet) must be registered immediately after creation.

10 Янв
2019

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