Vishnivetsky Ju.V. Foreign Experience in Regulating the Protection and Defense of the Rights of Authors of Works Presented on the Internet
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.15
Julian V. Vishnivetsky, Master’s Student, Department of Civil and Private International Law, Volgograd State University (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0008-7370-7943
Introduction: the author investigates the subject of intellectual property protection, and especially various inventions, know-how in production, industrial designs and especially the rapid spread of intellectual property objects on the Internet, where their commercial value is reduced or leveled. In this regard, the chosen research topic is of particular interest and social significance. The Internet information and telecommunications network provides its users with a lot of freedom, which, unfortunately, generates many offenses. But progress is also going in a positive direction. The latest technologies of the same Industry 4.0 come to the aid of authors, helping them to protect their works. Purpose: to identify gaps in the legal regulation of copyright protection for works on the Internet, to consider the specifics of the copyright protection procedure, as well as to develop scientifically sound recommendations and proposals aimed at filling the gaps in the legislation. Methods: the study was conducted based on the general scientific and specific scientific methods. Such general scientific methods as the dialectical method and the logical methods of analysis, synthesis, induction and deduction were applied. The comparative method, which was used to analyze the experience of foreign countries, and the formal legal method, became special research methods. The historical research method was used to study the main characteristics of modern copyright, its problems and their causes. Results: a number of problems have been identified in the study of blockchain prospects in the field of copyright, as well as in the development of proposals to improve the legislation in terms of depositing copyright objects. The work contains the author’s provisions aimed at regulating the use of blockchain technology by authors and owners of blockchain platforms, which is practically absent today. The work is focused on practical results, namely, the stable and efficient operation of blockchain platforms in the field of copyright. Conclusions: it is revealed that on the basis of foreign experience, the directions for the development of the Russian legislation in the field of protection of exclusive rights are being created, namely: the simplification of the procedure for registration of copyright and exclusive rights, the organization of protection systems in an administrative manner – through contacting state bodies, the formation of administrative liability measures for infringers of copyright, exclusive rights, the consolidation of the procedure for commercialization of intellectual property.
Key words: protection and defense of the rights of authors, intellectual property, machine-readable law, electronic signature, blockchain technology, copyright and related rights on the Internet, exclusive rights.
Citation. Vishnivetsky Ju.V. Foreign Experience in Regulating the Protection and Defense of the Rights of Authors of Works Presented on the Internet. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 112- 119. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.15
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