The fact of carrying out advertising activities as a criterion for liability for copyright infringement on the Internet

The fact of carrying out advertising activities as a criterion for liability for copyright infringement on the Internet

Authors

  • Maksim KAMENSKIУ Permanent Mission of the Republic of Mari El to the President, Moscow

Keywords:

advertising, online advertising, works, results of intellectual activity, exclusive rights, rights holders.

Abstract

The article discusses the peculiarities of the development of judicial practice on the issues of infringement of copyright and related rights in the Internet, related to the implementation of advertising activities. The author makes a conclusion about the use in judicial practice of the fact of carrying out advertising activities and receiving income from its implementation as one of the criteria that allow to identify cases of infringement of rights to the results of intellectual activity, the responsibility for which should be borne by the owners of online services, including social networks and trading platforms. The importance of taking into account the "single intent of the infringer" approach developed by judicial practice to determine the amount of compensation in cases of infringement of copyright and related rights in advertising activities is noted. The conclusion is made that it is necessary to further develop judicial practice, taking into account the existing needs of economic activity.

Author Biography

Maksim KAMENSKIУ, Permanent Mission of the Republic of Mari El to the President, Moscow

PhD in Law, Deputy Head of Administrative Department

Published

2025-01-13

Issue

Section

Актуальные вопросы частного права
Loading...