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Are my copyrights infringed?
The story is like this. I compose news for my site. I learn about the news from some sources, after which I go to the official Russian-language website of the company and look for a press release on the topic. Looking for related images. I repeat the same for the American, English and German sites, I find a lot of information and images. In my own words, I rewrite the text taken from the Russian site, sometimes I leave some paragraphs as in a press release. I make comparative tables of characteristics (if we are talking about technology), sometimes I take tables entirely from a press release; I choose and adapt images for my site. I publish the news on my website, at the bottom at the end of the article I put my copyright like this: © Compilation of the review, full name, date. Based on materials (link to the manufacturer's Russian website). Reprinted only with the written permission of the author.
Then one respected Ukrainian site takes my news, changes the title of the article, and publishes it on their site in the news section. Some of the pictures are used, some are not. Sometimes skips tables. Below puts a link like this: Source (the word "source" in the form of a link), this link leads to my site to my news.
Question 1. Are my rights being violated? Do I have the right to be indignant about such misdeeds of a well-known Ukrainian site?
Question 2. Do I myself have the right to put my own copyright, even with the explanation “Compilation of a review”, while I explicitly use press materials taken from the official website of the manufacturer?
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From your description of what you do, it is not entirely clear to me whether there is an element of creativity in your actions, or do you simply remake or translate the news from another site and post it on your own?
In any case, we must remember that:
Copyright arises only for those works of literature, science and art in which there is an element of creativity. A press release, as far as it seems to me, is purely informational in nature - it reports on an event.
The only thing that remains open is the question of the images that you find and adapt for your site. It is unlikely that the placement of the entire image can be recognized as a citation in justified volumes.
But in my opinion, you can apply this to your actions:
Статья 1259. Объекты авторских прав
6. Не являются объектами авторских прав:
4) сообщения о событиях и фактах, имеющие исключительно информационный характер (сообщения о новостях дня, программы телепередач, расписания движения транспортных средств и тому подобное).
"Гражданский кодекс Российской Федерации (часть четвертая)" от 18.12.2006 N 230-ФЗ
(принят ГД ФС РФ 24.11.2006)
(ред. от 24.02.2010)
Статья 1260. Переводы, иные производные произведения. Составные произведения
2. Составителю сборника и автору иного составного произведения (антологии, энциклопедии, базы данных, атласа или другого подобного произведения) принадлежат авторские права на осуществленные ими подбор или расположение материалов (составительство).
If you admit that you have copyright for the selection and arrangement of information materials on the site (including reprinting several sources in your own words into one news item), then it is quite possible to try to make a claim.
It's my opinion. Based on it, the answers to both your questions are: “Yes”.
Friends, it worked!
Either the publication of my question on Habré helped, or common sense helped ...
However, the articles taken from my site were redone on a respected Ukrainian site, and the link was removed.
By the way, there is no link with contacts on the reputable site, so I had to write to their forum publicly ...
Is it really a victory?
The Ukrainian legislation is ruled by “On copyright and related rights”, where such interesting things are written:
Art. 15, Property rights of the author
5. Except as provided in Articles 21-25 of this Law, the author (or other copyright holder) has the right to demand payment of remuneration for any use of the work. The remuneration may be in the form of a one-time (lump-sum) payment, or deductions for each copy sold or each use of the work (royalties), or combined payments.
There is nothing in articles 21-25 that would justify the Ukrainian site. So ask for money :)
www.copyright.ru/ru/library/zakonodatelstvo/zarubezhnoe_zakonodatelstvo/ukraina_ob_avtorskom_prave_smezhnyh_pravah/
You are subject to the laws of the Russian Federation, you are prescribed the following by the Civil Code of the Russian Federation: Article
1274.
Free use of a work for informational, scientific, educational or cultural purposes
1) quoting in the original and in translation for scientific, polemical, critical or informational purposes lawfully published works to the extent justified by the purpose of quoting, including the reproduction of excerpts from newspaper and magazine articles in the form of press reviews;
Is your citation volume justified? :) Then they are not to blame.
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