PERFORMANCES AND PHONOGRAMS IN DIGITAL FORMAT: PROBLEMS OF LAW ENFORCEMENT

Abstract

Technological and social transformations in society contribute to the active use of information and telecommunication networks in various spheres of human activity. Intellectual property objects are made publicly available in various online services and other information resources. The digital environment becomes a platform for communication and entertainment of users, as well as for doing business by rightholders. In the process of law enforcement, the uncertainties associated with the identification of the rightholders of performances and phonograms are revealed, which are due to the peculiarities of these intellectual property objects. In civil circulation, several similar phonograms with performances recorded on them, the rights to which belong to different rightholders, can be used simultaneously. In some cases, it is difficult to prove that it is the phonogram of a certain rightholder that is being illegally used in an information and telecommunications network. The purpose of this article is not only to identify problematic aspects related to the use of performances and phonograms in digital format, but also to identify possible directions for the development of technology that contributes to the identification of objects of copyright and related rights, including in law enforcement. The article analyzes the Russian and foreign legislation in the field of copyright and related rights. As possible directions for the development of the identification procedure, the use of blockchain technology, pre-registration of copyright and related rights before filing an application for the protection of infringed rights by judicial authorities, as well as improving the algorithm for placing protected intellectual property results in information and telecommunications networks, in particular, specifying more identifiers when uploading phonograms to information resources, which could facilitate the task of law enforcement.