The problem of proof of copyright infringement, today, largely due to the existence of the Internet, is one of the most acute and important. In order to easily prove your copyright, if necessary, you need to legally competently and timely approach the collection of evidence of your authorship.
According to Article 9 of the Law of the Russian Federation "On Copyright and Related Rights", the author of a work, in the absence of evidence to the contrary, is the person who is indicated as the author on the original or one of the copies of the work. Thus, if it is enough for the author of a publication on paper to prove his rights to present a copy that was published or printed before the pirated one, then the person who posted his work on the site cannot prove the date of publication in any way. In this situation, one can resort to the testimony of witnesses, but they cannot always be found, and the court may be very skeptical about their testimony.
Protect your copyright in advance. Contact a notary, with which you can prove the authorship of not only the article, but also audio and video recordings, and even an entire website with all its content. A document certified by a notary has significant evidentiary force in a legal dispute.
Attest to the text of the publication with a notary, indicating the sign of authorship, the name of the author and the year of publication. The notary certifies the author's signature and indicates the date of the notarial act, which is additionally noted in the register.
To prove your copyright for audio and video recordings or the website and its content, pack the binder sheets and discs of information in an envelope. When accepting the envelope, the notary will seal it with his own seal and leave a signature with you. The date of delivery of the envelope will be recorded in the register. The author can pick up the envelope right away or leave it for safekeeping with a notary.
In most cases, digital works require appropriate digital protection. It can be almost unmistakably author-identifiable watermarks that are used in the files. The second method is an analogue of notarization of a work in digital form - web depositories, which store copies of works with a fixed date of entry into the register. This option avoids the need to translate the work into analog form. In this case, not only the date of receipt of the work in the depository is certified, but also the work itself, which is a weighty argument in litigation.
When creating works as part of your job duties, sign not only a civil contract, but also get an author's contract drawn up. It is necessary to distinguish between the concepts of copyright and the exclusive right to dispose of a work. The copyright holder of the work is the employer of the author. The author has the right to dispose of the work at his own discretion only if the copyright holder has not used the authorship product for three years. Such nuances included in the copyright agreement will help to avoid unpleasant situations associated with proof of authorship.