Protection of the copyright and neighboring rights in court is effected by filing a claim containing the demands of the claimant to the defendant regarding the cease of the right infringement and prohibition of the illegal use of the artwork in question and/or charge of a compensation, and the circumstances proving the claimant’s demands.
The most complicated issue in preparing a claim on cease of copyright and neighboring rights infringement is proving the fact that the claimant is the true right holder.
If your copyright or neighboring rights are infringed, or vice versa if somebody raises a claim against you regarding the infringement of their copyright or neighboring rights, the lawyers of Zuykov and Partners will be happy to help you in protecting your interest.
If the interests of the copyright holder are violated, you should first confirm the fact of illegal activity and send a letter with a claim to the violator. If the offender has not complied with the requirements of the copyright owner, it is advisable to go to court. In the statement of claim, the person sets out the requirement to stop the illegal use of the work and indicates the amount of compensatory claims put forward. The greatest difficulty in drawing up and filing a claim is that the copyright holder must provide a reasoned justification and confirmation of the existing powers. After receiving the documents, the court will consider the application of the copyright holder and restore the violated rights.