Combating piracy: current challenges and legal mechanisms to counteract them

In the digital era, the issue of intellectual property protection has become particularly relevant. Piracy - that is, the illegal copying, distribution or use of other people's works - has become a global problem that causes significant losses to authors, rights holders, businesses and the state. As a country integrating into the European legal space, Ukraine is gradually improving its legislation to effectively combat copyright infringement in the digital environment.

What is piracy?

Piracy is any unauthorized use of copyright and related rights without the consent of the copyright holder. This includes:

• distribution of movies, music, programs, or books without a license;

• selling counterfeit copies of software;

• publishing someone else's content on the Internet without citing the source or permission;

• creating websites that offer free access to paid content.

Such actions not only violate the rights of authors, but also reduce confidence in the digital market, hinder the development of the creative economy, and reduce tax revenues to the budget.

Legal framework for combating piracy in Ukraine

The main documents regulating copyright and related rights are The Law of Ukraine "On Copyright and Related Rights". Also important are the provisions of the Criminal Code, the Civil Code and the Code of Administrative Offenses.

In 2023-2024, Ukraine took a number of steps to harmonize its national legislation with European norms, in particular EU Directives 2001/29/EC and 2019/790/EU. This includes:

• Increased liability for the distribution of pirated content;

• expanding the powers of authorities monitoring the online space;

• improving mechanisms for blocking websites that systematically infringe copyright.

Internet piracy: the main threat

The Internet has become the main medium for distributing pirated content. Websites with illegal movies, music, or programs attract millions of users, generating advertising revenue. However, for copyright holders, this means direct financial losses.

Ukraine, together with its international partners, is implementing cyber monitoring mechanisms that allow for the prompt detection of violations. In 2024, the following came into force "Anti-piracy" amendments to the advertising legislationwhich provide for fines for advertising on resources that distribute illegal content.

This was an important step: advertisers will now be held liable on a par with the owners of such sites, as advertising financially supports pirate platforms.

International experience

Most countries around the world are actively implementing technologies to protect copyrighted content, from blocking IP addresses to automatically removing infringing materials.
In the United States, there are Digital Millennium Copyright Act (DMCA)which obliges online platforms to respond quickly to complaints from rights holders. The EU actively applies the principle of "notice and take down" - "notification and deletion".

Ukraine is gradually implementing these mechanisms, developing a national system for the protection of rights in the digital environment.

Liability for piracy

Ukraine provides for different types of liability:

• Administrative - fines of up to several thousand tax-free minimums;

• Civilian - compensation for losses and non-pecuniary damage;

• Criminal - a fine or imprisonment of up to 6 years for large-scale infringement of intellectual property rights.

In addition, computers, data storage media and equipment used to create or distribute pirated content may be confiscated by court order.

How to protect your content

1. Register copyrights to works, software, videos, or photos.

2. Use digital security toolssuch as watermarks, DRM technologies, or NFTs.

3. Monitor the Internet for violations using specialized services.

4. Contacting lawyersspecializing in the protection of intellectual property.

5. File complaints with the cyber police or directly to the court.

Conclusion.

The fight against piracy is not only the government's task, but also the responsibility of business, media, and users. Only through joint efforts can we create a civilized digital market where the rights of authors are respected and consumers receive high-quality legal content.

Ukraine is making steady progress in this direction, building a legal system capable of effectively combating intellectual property infringements and ensuring decent remuneration for creators.

Do you want to protect your rights or file a copyright infringement claim?
Legal team of Axel Legal will help to conduct an audit, prepare documents and provide legal support in court and out-of-court procedures.