Release:2017, Vol. 3. №2
About the authors:Andrei A. Khamadiarov, Postgraduate Student, Civil Law and Process Department, Institute of State and Law, Tyumen State University; firstname.lastname@example.org
This article aims to point out the main mistakes made by lawmakers in the copyright field during the last decade. The historical and legal comparative analysis of two similar phenomena, which had a strong impact on the copyright, is carried out in order to identify the modern condition of the legal mechanism regulating relations on intellectual results: the Internet and book printing. Its ineffectiveness is stated as a result.
It is notable that the main subject of criticism of the research is not copyright law, itself, but those ineffective ways of preventing copyright violation, which have been so strongly promoted by the legislator for decades.
Since the beginning of the electronic era, Russian lawmakers have been working tirelessly both on development of new copyright laws and on their continuous improvement. At first, the position of the legislator, expressed in the development of unique laws, aimed at protecting authors’ rights in the Internet, seems to be justified.
The ineffectiveness of the existing scheme is argued by the fact that there has not yet been a precedent of a truly effective prevention of spreading illegal content in the world practice. In other words, the sites are continued to be blocked, more and more law changes are made, but illegal content keeps to be spread. In addition, while posting such illegal controversial materials as, for example, drugs propaganda, usually does not find public support, copyright infringement has already become a cult.
Obviously senseless waste of time and resources, caused by the cumbersome archaic state mechanism, is not considered to be as a significant obstacle by the politics. The acquired experience allows stating the fact that the government is not able to impose its conditions in the Internet space. It can only “catch up” with progress.