Certain Aspects of the Law Enforcement Practice of Determining the Status of Persons Responsible for Copyright and (or) Related Rights Violation on the Internet and Determining the Parties Involved in the Dispute

The article aims at studying specific aspects of violations of the rights of copyright holders of works on the Internet to determine the parties involved in the disputes and their practical consideration in court. The article discusses the peculiarity of violation of copyright and related rights utilizing a video streaming service and the possible consequences for the site owner where the violation was committed using this service. The authors conclude that it is necessary to determine the status of the video streaming service in the national legislation to ensure legal regulation. Establishing the rule on the exemption of a video streaming service website owner from compensation for damage to the copyright holder or recovering compensation for a violation is unacceptable since it does not comply with the general principles of protecting rights. The authors believe that an effective way to prevent violations and identify the perpetrators of the distribution of “pirated” content will be mandatory registration with user identification on the site, a video streaming service. In this case, the site owner will provide an opportunity to identify the person who posted the content without the copyright holder’s consent and, as a result, to filing him as a respondent in the case. For the owner of the information platform (video streaming service), it is proposed to establish a norm that in case of refusal to establish rules for registration and identification of persons posting messages on the service, ensuring the identification of those responsible for the placement of “pirated” content, the owner of the site (information platform), will be found liable including in terms of payment of compensation for violation of copyright and (or) related rights committed on the service. © 2022, The Author(s), under exclusive license to Springer Nature Switzerland AG.