If a third party or organization violates your copyright, you can apply for their protection in court. In some cases, the effect may also have a solution to the problem out of court, namely by sending a claim to the offender. If this measure did not give a result, the last word is with the court.
Necessary
- - computer;
- - access to the Internet;
- - Printer;
- - a postal envelope, blanks for an inventory of attachments and a return receipt;
- - proof of your authorship;
- - an example of a statement of claim for copyright protection;
- - fountain pen;
- - money to pay for postal services and state fees in court.
Instructions
Step 1
It is better to take care of proof of your authorship in advance. These can be a sealed letter or a parcel post with a finished work or parts of it and a list of attachments, sent by the author to himself with a receipt acknowledgment, and evidence of sending and receiving it (postal receipt, notice with the author's signature of receipt and mail marks), notarized inspection protocol a computer or laptop with a description of the file with the work and indicating the dates of its creation and last modification, documents confirming the fact of depositing the work in the author's society and some others.
It is best to provide any or all of them at once when the work is ready, without waiting for its unauthorized use.
Step 2
If you establish the fact of illegal use of your work by a third party, identify the culprit. If it is broadcast, published in the media or published in a book, the culprit is obvious: the editorial board of a TV channel or radio station, a print publication, a publisher. face. It is not difficult to install a hoster and domain registrar using any WHOIS service. No one will provide you with the personal data of the offender. But you can claim them from the hoster at the court's request. Often, the effect is given by a written appeal to the hosting provider: he can remove copyrighted content.
Step 3
If the culprit is identified, send an email with a return receipt and a list of attachments to his address. A copy of the complaint sent by letter can be certified by a notary and saved. Also save the receipt of receipt. It, in combination with a copy of the claim, will be an additional argument in your favor if the case goes to court. In the claim, indicate which work of yours is used by the perpetrator, the illegality of this use, that you did not give permission to use it and prohibit doing so in the future. State your requirements.: stop using your work, if this is not possible (for example, the circulation of a newspaper or book has already sold out), limit yourself to the amount of the desired compensation.
Step 4
If within a month after the delivery of your letter you were not answered or a refusal was sent, go to court.
To do this, you will need to draw up a statement of claim. It is written in free form, subject to a number of requirements. Examples of such statements are easy to find on the Internet. Each of your statements and claims in a lawsuit must be substantiated by references to specific provisions of the current legislation: articles up to paragraph and part of the Civil Code of the Russian Federation, the Civil Procedure Code, other laws and other regulations. Pay the state duty and take the application and all the documents that you deem necessary to the court (available evidence of authorship and attempts at pre-trial settlement of the issue).
Step 5
Go to court at the time appointed by the judge. Prepare carefully for the process, sketch out the main theses of your future speech and the provisions of the current legislation to which you will appeal, on paper.
Try to find and read the stories of those who have already defended copyright in court. This will help to anticipate the possible arguments of the defendant and prepare a worthy rebuke on them. No one can guarantee you that the case will win 100%, but the chances of this are great.
