Legal responsibility for violation of copyright and related...

Legal liability for copyright and related rights violation

Civil liability (property) responsibility

The concept of civil liability

Legal responsibility is one of the institutions of protection and protection of copyright and related rights and their rights. Civil liability is a sanction for an offense that causes the offender to have negative consequences in the form of deprivation of subjective civil rights or the imposition of new or additional civil obligations.

This type of liability occurs when there are grounds and conditions. The basis is a violation of subjective civil law.

The conditions for the onset of civil liability are:

- the presence of damages (harm). By harm are meant those negative consequences that occurred in the property sphere of the victim as a result of a civil offense;

- wrongful conduct, ie. violation of actions or inaction rules of law, as well as subjective civil law without due authorization. It should be noted that the law provides for cases when compensation is subject to harm caused by lawful actions (Article 1067 of the Civil Code of the United States).

With regard to contractual relations, as noted by N. N. Karkhalev, unlawfulness is expressed in violation of the contract, as well as the subjective right of the empowered person of this obligation relationship,

is the causal link between wrongful conduct and the onset of harm, which is an objective concrete connection between two (or more) phenomena, one of which (reason) development of the material world causes another (new, not identical) phenomenon (consequence);

- the following condition is fault. Wine is the psychic attitude of the offender to his unlawful behavior and its consequences. In accordance with paragraph 1 of Art. 401 of the US Civil Code, a person who has not fulfilled the obligation or performed it improperly is liable in the presence of guilt (intent or negligence), except in cases when the law or the contract provides for other grounds for liability.

A person is considered innocent if, with the degree of care and diligence that was required of him by the nature of the obligation and the terms of the turnover, he took all measures for the proper discharge of the obligation.

In addition to art. 401 of the US Civil Code, the concept of guilt is also mentioned in Art. 1064 and 1250 of the US Civil Code.

Civil liability among other types of legal liability is applied for violation of exclusive rights, including copyright and neighboring rights objects (Figure 9.1).

The above rules identify individuals and legal entities as subjects of civil liability.

Federal Law of July 2, 2013 № 187-FZ in the US Civil Code introduced art. 1253.1, regulating the specifics of the responsibility of the information intermediary. In accordance with the provisions of this article, a person who transfers material in the information and telecommunications network, including the Internet network, a person who provides the opportunity to post material or information necessary to obtain it using the information and telecommunications network, the person providing the ability to access the material on this network, - the information intermediary - is responsible for the violation of intellectual property rights in the information and telecommunications network their grounds, provided by the US Civil Code, in the presence of guilt. Thus, guilt is an indispensable condition for liability for the information intermediary.

In addition, the specified rule provides for cases where the information intermediary is released from liability. In particular, the information intermediary carrying out the transfer of material in the information and telecommunications network shall not be responsible for the infringement of intellectual rights resulting from this transfer, while at the same time observing the following conditions:

1) it is not the initiator of this transfer and does not determine the recipient of the specified material;

2) he does not change the specified material in the provision of communication services, except for the changes made to ensure the technological process of transferring the material;

Types of civil liability for violation of exclusive rights

Fig. 9.1. Types of civil liability for infringement of exclusive rights

3) he did not know and should not have known that the use of the corresponding result of intellectual activity or the means of individualization by the person initiating the transfer of material containing the corresponding result of intellectual activity or means of individualization is unlawful.

The information intermediary that provides the possibility of placing material in the information and telecommunications network is not liable for intellectual property infringement that occurred as a result of placement in the information and telecommunications network of the material by a third party or at its direction, while observing the following conditions by the information intermediary:

a) he did not know and should not have known that the use of the corresponding result of intellectual activity or the means of individualization contained in such material is unlawful;

b) in case of receipt in writing of the application of the right holder about infringement of intellectual rights with the indication of the page of the site and (or) the network address in the network "Internet", on which such material is placed, in a timely manner took necessary and sufficient measures to stop the violation intellectual rights. A list of necessary and sufficient measures and the procedure for their implementation can be established by law.

In spite of the fact that in the above cases the information intermediary is released from liability, claims to protect intellectual property rights may be brought against it in the manner prescribed by law.

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