Out-of-court protection in the internet environment of the works fulfilled for training purposes
The article defines the range of the main problems related to the extra-judicial protection measures in the Internet environment. The peculiarities of distribution of the copyright works in the Internet environment, the specificity of the law enforcement regime regulating copyright in the Internet environment and the lawful ways of disseminating information in the information and communication networks are revealed. The isolation in the legal doctrine of the works created for educational purposes in the civil circulation in general and in the Internet environment in particular, is indicated. The position of the domestic legislator has been studied, which in turn envisaged restrictions on the authors ’property rights in the sphere of education in the national law, while not restricting non-property rights to the name, recall, disclosure and protection of reputation, which in turn makes it possible to directly satisfy moral interests of the author, while the author has no direct economic benefit. A certain legal collision has been revealed, a clash between regulatory legal acts regulating the same or related legal relationships that contribute to the denial of implementation of the copyright and related rights in the Internet environment for a number of reasons, which is unacceptable. The author analyzes the powers of the organization in Russia, which by virtue of the law is authorized to exercise supervision in the field of communications, information technology and mass communications for protection of copyright in the Internet environment. Particular attention is paid to the procedure for responding (blocking) illegal content. The practice of blocking Internet resources is studied, and the author gives an assessment of the position of the legislator on the sufficiency and admissibility of measures of extrajudicial protection of the works in the Internet environment. Additionally, the article analyzes the issues of legal regulation of administrative responsibility for violation of copyright requirements in the Internet environment and highlights the problems and prospects for improving this institution.