PROCEDURE FOR TERMINATION OF COPYRIGHT VIOLATIONS USING THE INTERNET: INNOVATIONS IN LEGAL REGULATION
Authors: Tarasenko Leonid 
Published: July 2023

The article considers the legal analysis of copyright protection in an extrajudicial manner using the Internet. The author analyzes the procedure for terminating copyright violations that occur in the digital environment. It is established that the Law of Ukraine «On Copyright and Related Rights» No. 2811-IX normalized relations in a new way, including taking into account the development of the digital environment and in connection with the transformation of many copyright objects into digital form. It is established that the legislative changes relate to the procedure for copyright protection. One of the innovations was the updating of the procedure for out-of-court protection of copyright and related rights that are violated on the Internet (the so-called «TAKE DOWN NOTICE» procedure). It is proven that this procedure is important considering the fact that, as of today, almost all objects of copyright have moved to the digital environment, to the Internet, each website is a collection of digital content that includes various objects copyright (written works, photographic works, audiovisual works, etc.). It is also proven that the introduction of an updated procedure for out-of-court protection of copyrights that have been infringed on the Internet is a positive trend for proper legal protection of copyrights. It is substantiated that the specified out-of-court procedure can enjoy significant popularity and be useful to the subjects of property copyrights, provided that the procedure for publishing data about website owners, which is provided for by the copyright law, is established. It is established that the TAKE DOWN NOTICE procedure provided for by the copyright law contains certain debatable points, but its minor shortcomings or certain controversial provisions should not stand in the way of its wide application. It is also established that the participants of the TAKE DOWN NOTICE procedure are the subject of copyright, the provider and the owner of the website. The subject of copyright, for the protection of whose rights this procedure is initiated, is either the author or another subject of property copyright. It is substantiated that it is advisable to extend the extrajudicial procedure for copyright protection to the protection of moral rights (such as the right to a name, the right to preserve the integrity of a work, etc.). In the absence of relevant changes to the law on copyright, it is possible to apply the analogy of the law. It is concluded that unlike the previous copyright law, which allowed the use of the TAKE DOWN NOTICE procedure only for certain objects, such as audiovisual works, musical works (with or without text), computer programs, phonograms, videograms, programs (transmissions) of broadcasting organizations that are in electronic (digital) form, the new approach of the legislator expanded the list of objects of copyright and related rights that may be the subject of protection, and may refer to any object of copyright (and related rights), which falls under the concept of digital content. It is highlighted that a statement on the termination of copyright infringement in the digital environment is a position exclusively of the subject of the appeal (that is, the position of the right holder), which may be unfounded and unfounded. Therefore, the owner of the website (web page) can defend himself and prove the legality of the presentation of digital content on his website (web page) by providing evidence that he has the appropriate copyright for the use of this content or that he has permission for such use. It is established that the right holder may not always be able to identify the owner of the website or web pages, as the registrars, guided by the legislation on the protection of personal data and GDPR, do not publicly disclose information about natural persons - the owners of the website. It is stated that in the event of a dispute regarding the legality/illegality of placing certain digital content on the Internet, the right holder shall provide the hosting provider with confirmation of the opening of court proceedings on the protection of copyright for the object placed as digital content, in respect of which an application for termination of infringement. It is substantiated that submitting an application for the termination of copyright infringement in written form is possible only at the stage of submitting the application and receiving a response to it, because in the future all correspondence between the copyright holder, the owner of the website (web page), the provider will take place only in electronic form, because in the opposite case it is impossible to comply with short deadlines (24-48 hours) for taking certain actions, which are provided by law. It is proven that returning to the written form of correspondence within the framework of the TAKE DOWN NOTICE procedure is impractical. It is established that the owner of a website or web page is not liable for copyright infringement committed using the Internet, if within 48 hours after receiving a notice of termination of the violation, he has prevented access to the digital content referred to in the notice.