CHALLENGES OF CIVIL PROTECTION OF THE RIGHTS OF BROADCASTING ORGANIZATIONS

Abstract

The socially useful effect of broadcasts by broadcasting organizations aimed at distributing creative objects and information to representatives of the public is rewarded by the recognition of exclusive rights to the results of their intellectual activity by these organizations. Although illegal rebroadcasting of radio and television broadcasts on the air or by cable are not excluded, most violations of the exclusive rights of broadcasting organizations are currently committed in information and telecommunications networks, including the Internet. The purpose of this article is to identify problematic aspects in the protection of the rights of broadcasting organizations in court. The article analyzes the Russian legislation concerning the activities of broadcasting organizations, as well as judicial practice in cases of violation of the exclusive rights of broadcasting organizations. In case of violations of the exclusive rights of broadcasting organizations on the Internet, broadcasting organizations use, among other things, protective mechanisms provided for by the legislation on information, information technologies and information protection, and may also apply to the Moscow City Court for the application of preliminary interim measures of copyright and related rights protection against illegally used objects. However, broadcasting on the Internet around the world remains a gray area from the point of view of law, and legal relations with the participation of broadcasting organizations require additional legal regulation. There is no unambiguous answer in Russian legislation to the question whether the rebroadcasting on the Internet can be considered as making to the public, or such rebroadcasting should be considered as an independent way of using broadcasting that is not reflected in the Civil Code of the Russian Federation.