Difficulty in identifying copyrighted content

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It turns out that native advertising labeling is necessary, but reporting on it will be submitted differently than for regular advertising.


To obtain clarification on the criteria by costa rica telegram number database which copyrighted content is determined and how to evaluate advertising in it, the Association of Bloggers and Agencies sent a request to Roskomnadzor.

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The Federal Service responded with a letter dated 17.11.2023 No. 03-111159, in which it did not provide clear criteria. RKN specialists referred to the provisions of the Civil Code, including Article 1259 of the Civil Code of the Russian Federation . At the same time, Roskomnadzor noted that it has no competence in the field of copyright.

In this case, the question arises about objects of copyright - what of the existing content can be classified as them. Texts, pictures, videos, music and almost everything else that surrounds the user on the Internet can be recognized as the result of intellectual activity. If we generalize, the object of copyright is any work that is expressed in an objective form and is the fruit of creativity. This definition does not include information messages (news), folk works (songs, ditties).

Article 1259 of the Civil Code of the Russian Federation specifies what may be considered objects of copyright:

derivative works, which include translations of foreign works, cover versions, image/video processing;
works of art, literature, science, including their constituent parts, such as the chorus of a song, the best moment of a video clip;
composite works that include encyclopedias and collections.
All these objects have in common that they must be new or reworked works. It turns out that a ready-made post for sowing on VKontakte will not be considered copyrighted. At the same time, the integration developed and recorded by the blogger can be called an author's work. But in some cases, copyright must be proven. Usually, this requires demonstrating who exactly is the original source, for example, you can post the work on your own blog, add it to cloud storage, save the correspondence where the author sends his content.