Siberian Daria Gushchina writes fiction novels about witches and offers them to readers on the Internet – now she is entirely web author. On the website of the literary school she has a personal shop where you can buy new works of the author – that is, to download them paying a small amount, less than 150 rubles. Compared with prices in ordinary bookstores (which, by the way, in the mode of self-isolation do not work) charge for downloading at least half the time – but Daria and under such circumstances, manages to draw from their literary works a no income. To a living wage, he does not hold, but also to enrich Daria puts. For her charge readers for new works – rather, a matter of principle. And the old books it offers for free – but only on its resource.
And recently, Daria found that the number of readers much more than she imagined. It turned out that her books offer download, and absolutely free, three dozen of digital libraries. Which the author, of course, no rights in their works transferred.
Darya began his “witch hunt” and was able to close the books on pirate websites. To close, as she believes, temporarily. Correspondence with the administrators of the network resources taken away from the writer so much that new creative exploits them is not enough. Although now these network resources have become much more tractable – before they first of all demanded that the authors of the evidence that they wrote a particular book. However, the law is mandatory registration of rights to the work and its Creator does not require, and, knowing this, Daria Gushchina went to the counter: no, you show me the author’s permission for publication! Worked.
– Network library occupy the position of “it wasn’t us, it’s all readers, and administration for hosting content is not responsible”. But who is? Is it not possible to find radical ways of dealing with piracy? asks Daria. – To make the punishment for the actual theft in a Network is almost impossible. And we are talking not only about the violation of personal rights, the law is violated – then it is not only my personal business. Stealing will always be, and with such readers nothing about it. So, we need clearer laws for network libraries. So they finally took responsibility for that place – whether they want it or not.
Gushchina Colleagues on a creative workshop recognized that each of them at least once in life tried to struggle with pirates in the same way – to remove illegally posted content. They are unanimous in saying that it is extremely exhausting and also futile – with one resource book will disappear and another will appear. Piracy in the Network is huge, and some of the authors have not just accepted him but even see the pros, imagining that their stolen books is free promotion.
the Most rational still looks the way that was chosen by a Moscow writer Alexander Cherching (and thousands of other authors), she, along with the percentage of sales transfers rights to their books, network share, and already his staff are engaged in the promotion of books, and fight pirates. It is much easier – it’s not the author alone, and skilled legal service, saving the writer from the fight with the windmills.
In Russia, there are a number of legal standards aimed at protecting copyright. Provided for their violation and administrative liability (article 7.12 Cao RF), and criminal (article 146 of the criminal code). Finally, there is the Federal law “On information, information technologies and protection of information”, where the procedure for the blocking of pirate websites. Why Daria Gushchina not to take advantage of all these opportunities?
Alas, she most likely will not use. Because the authors lone legitimate ways of dealing with pirate libraries on the teeth. As told “RG” in management of roskomnadzora on the Siberian Federal district, their Agency is ready to block network share for copyright infringement and even will do everything necessary during the day. But establish the fact of such violation, the Agency is not engaged. That is Rob, the author must first go to court. And not in place of your own residence, and in the only country that considers such things – the Moscow city court. But when the claims of the author are satisfied, then the state machine will work, and the pirate site is blocked. However, very soon the web will be its twin, but that’s another story. The important thing is that Daria Gushchina won’t make the first step for her high postage costs required for treatment in the Moscow city court, and one post will not do here.
As noted in conversation with the correspondent “RG” the teacher of chair of civil law NUITS TSU Eugene Babanov, trials always require overhead, and the courts in cases of copyright infringement is no exception. Thus, according to the lawyer, judicial filter in this case is necessary, otherwise there will be utter confusion. Therefore, the authors should either entrust the protection of their rights to publishers, or to be patient and wait when the market will become civilized – that it will happen sooner or later, Yevgeny Babanov sure.
in the meantime, Russia has probably the only decent example, when the malicious infringer of copyright in books were punished. To achieve this he managed a major publisher, but even he had to spend on the prosecution of pirates a few years, not to mention have��e about the means. As a result, in 2016, the founder of the online library “Liter”, which was visited by millions of users for copyright infringement two years probation and paid the publisher copyright holder of five million rubles compensation.
meanwhile
As explained “RG” specialist in copyright law, senior lecturer of civil law Department of TSU, Leonid NUITS Mouth, in Russia there is another mechanism for copyright protection through the organization, managing property rights of authors on collective basis (Russian authors ‘ society and others). They are industry-specific (RAO is mainly engaged in musical works and movies), but can extend the range of objects to include books in the law on this account there are no restrictions. “This way of copyright protection should be developed”, – said Leonid Mouth.
Gennady Prashkevich, the writer:
– If you write wonder if your book attract attention, they certainly (but not necessarily) will be stolen. A lot of my electronic and audio books constantly for sale on the Internet. The audiobook is often done shamelessly bad. Who recites what a greedy ignorant people do not know. Look in the Internet and you will see a long row of my books are from “the Great Krabben” to “Spy”. To fight to the author this is impossible. Hiring experts is pointless. Still did not return, and to lose just lose. Of course, you can laugh: just steal, so there’s that. But theft is always a theft. The author is virtually powerless – there need public assistance. And where to get it, if the destruction of the reputation of the writer began with thrown into the crowd slogan: “You are free! Write what you want, do what you want”? But writing is a hard work. But to steal is easy, especially on the Internet. Need a special protection Institute, you need to return the classical understanding of culture. And classical education.
