Copyright and related rights are under criminal and civil protection according to regulations governing the legal matter for which protection is sought (criminal or civil). Protection of copyright and related rights include the protection of technological measures against violation of rights. Jeff Hershberg Toronto will advise you how to protect yourself.
Under the Law on copyright and related rights of persons entitled to protection is the author, the right holder, the person authorized to use the right and organization (right holders).
A person whose right is violated with a reasonable doubt or has a real threat of violation of rights is entitled to apply for:
- protection of law and
- interim and other measures.
The procedure is urgent.
When a right provided by the law is violated, each of the holders of that right by a third party can seek protection too. When the person who violated the law will meet the requirements of one of the holders of the same law, the obligation shall cease for the other right holders. In case of litigation in progress holders of the right shall be considered as a single party. When there are more infringers of a right under this act each of them is jointly and severally liable for the infringement.
Content of the protection law
The right to protection has the following requirements:
- termination of the infringement action;
- compensation for material damage;
- compensation for non-pecuniary damage;
- increased fee;
- indication of the author;
- the return of the benefits obtained from unauthorized use;
- removal of trade in violation of the law and
- publication of the court judgment.
Material damage
If a violation of this law caused a material damage, the person has the right to seek compensation for alleged damages and lost profits. The fee is determined in the amount that the defendant would have paid if requested (customary fee) or in the amount prescribed by the relevant tariffs or general agreement.
Non-pecuniary damage
In case of infringement of moral right and regardless of the pronounced increased compensation and damages, the court may award an author to be paid a fair monetary compensation for suffered mental pain and suffering as a consequence of the violation of the moral law if they find that the circumstances caused some damage.
If the law is violated by intent or gross negligence, the person may request payment of the agreed or normal fee for such use, increased to 200%, regardless of whether the injury suffered property damage (civil penalty). When deciding on the request for payment of this fee and determining the amount, the court shall consider all the circumstances, particularly the degree of culpability of the defendant, the amount of the agreed or usual remuneration.
Ask for a help from legal person if you have the same or similar problems. Do exactly what they tell you and make sure you don’t break any law.
