Protection of information rights. Regulatory aspect.
Protection of information rights. Regulatory aspect
The main modern source of information is the Internet. Information resources of the World Wide Web include information in the form of electronic documents of various types — text, audio and video materials, graphic objects, databases, programs, etc. Due to such popularity of the Internet, there is a need for everyone to be aware of what protection of information rights implies. At the same time, today there are no clear rules governing activities on the Internet. Nevertheless, it is still necessary to solve emerging problems by referring to regulatory documents. Information security is supported by related documents.
Sources of information law
The «Law on Copyright and Related Rights» can be recognized as a normative document capable of establishing order in this area; its articles are referred to as sources of information law. According to the Law on Copyright and Related Rights, copyright extends to both published works and unpublished works that exist in any objective form. The emergence and exercise of copyright does not require registration of the work, other special design of the work, or compliance with any formalities. Sources of information lawstate: any information that identifies a work or object of related rights, the author, holder of related rights or other holder of exclusive rights, or information on the terms of use of a work or object of related rights, which is contained on a copy of a work or object of related rights, attached to them or appears in connection with a message to the public, or the communication to the public of such a work or object of related rights, as well as any numbers and codes that contain such information.
Protection of information rights is based on the fact that information law, as one of the branches of Russian law, is a system of legal norms regulating relations in the information sphere. This is one of the youngest branches in the Russian legal system. Information rights of citizensimply that no one has the right to change or remove from works information on copyright and related rights, which identifies the work or object of related rights, the author, the holder of related rights, as well as information on the conditions of their use. Intentional removal or distortion of such information violates the information rights of citizens. According to paragraph 2 of Article 19. of the Law, electronic forms of works can be stored and used only on library premises, without the possibility of copying them.
It is a mistaken belief that posting materials on the Internet is free, so there is no violation of copyright. At the same time, the author can even pay the user. At the same time, the author will not receive the profit that he expected when selling the work through a retail network, because many have already downloaded the work from the Internet. As a rule, most copyright owners often have difficulties associated with substantiating their legal position in court and collecting evidence. Russian legislation assumes that each party is obliged to prove the circumstances to which they refer in the dispute, so an important task of the copyright holder is to collect evidence of the fact of violation of his rights on the Internet. The specificity of copyright infringements in «online» is the ability to eliminate all traces of unauthorized use of information. Protection of information rights in court is complicated by the fact that it is extremely difficult to prove circumstances that are important for an objective consideration of the case.