Protection of copyright content at the state level
Let's start with the fact that the main task of the laws, which is often forgotten, is not to punish the offender, but to make amends for the harm done and not to allow it to be caused in the future. The second forgotten is the answer to the question “why do taxes are taken at all?”. Citizens of Russia (yes, yes, citizens) are used to the fact that taxes are taken "for air." But they must take on something. A road tax is levied for the construction and repair of roads, a medical tax on the development of health care, and a pension for the sake of pensions for the elderly and disabled. Therefore, if the state undertakes to protect intellectual property, it has the right to take taxes for it and penalize violators, but has no right to profit from it.
Based on a recent article , as well as these postulates, a content protection scheme has taken shape, which, in my opinion, has some potential. So:
1. A separate state service is being created, let's call it the Author Content Protection Service (SZAK), which will be engaged in this.
2. The author (or rightholder) can optionally protect his content by contacting this service. If not addressed - the content is not protected by anyone and nothing, copy and use on health.
3. When applying, the applicant evaluates independently the price of his content, and depending on it, pays tax.
4. The tax is progressive, the higher the price of the content, the greater the tax. If the price is less than 1000 rubles, then the fixed tax is 500 rubles. If more, then it is calculated using some formula from 50% for content at the price of 1001 rubles, and up to 1% per 100 million. Those. the higher the price of content, the lower the percentage of tax (but the tax itself is still more).
5. The term of protection by the state of content is one year. The applicant may, on his own initiative, extend it under the same conditions, making the same amount for each extended year.
6. If the applicant plans to make a profit from the sale of content, then an additional tax is established for him, equal to 3% of the profits. Thus, the article sold by the author to the journal for 2000 rubles is subject to an additional 60 rubles of tax. The film, which brought 2 million, will bring SZAK 60 000 rubles. It is considered ONLY the income received during the content protection action, i.e. 1 year from the date of application.
7. When drafting an application, the author lists in detail by whom, how and when distribution is possible. For example, the author of music can give the go-ahead to track rotation on any body and radio stations. The author himself has full rights to his content.
8. After entering the list of protected content, SZAK is obliged to disclose this information within 1 day. In practice, SZAK has a website with a full list of protected content and deadlines for protection. On this site, anyone can check whether the private distribution of specific content is legal, and if legal, from whom and in what way can it be obtained. Example: A person wants to watch the anime "Purren Pagan." He enters the site, looks at the list and sees that it is protected from copying and can be obtained (purchased) only from Peanimedia. And the anime "Poku no Pico" is not protected by anyone, where you will find - there is yours too.
9. A month before the end of the term of protection, SZAK makes it possible to extend it. At the same time, information about the timing on the site is updated, and thus, the protection remains continuous. If the author does not extend the protection, then within the prescribed period the content disappears from the list and then it can be distributed indiscriminately. However, the author can at any time add it to the list again.
10. From the moment the content is added to the list, SZAK protects against illegal distribution by automatic, semi-automatic, and manual scanning of networks, followed by removal of counterfeit. The basic reality is also monitored. Illegal printing of books, recording discs, etc. is stopped.
11. If an illegal copy of the content is found, Szak informs the offender about it and gives him a day to eliminate it.
12. If the content is not deleted in a day, SZAK initiates an administrative case against the offender and amounts to a penalty in the amount of 1% of the price of the protected product per day, while not ceasing attempts to eliminate the content in all possible ways (domain removal, disconnection from provider, etc.).
13. The fine collected from the violator is distributed between SZAK and the author. The higher the price of content specified during registration, the greater the percentage goes to the author. From 99% for the 100 millionth price, up to 20% for the price of 1001 rubles. The penalty for illegal distribution of content at the price of less than 1,001 rubles goes completely to SZAK to cover expenses. Thus, the greater the price the content has, the greater the penalty will be paid by the violator, and the greater the percentage of it will go to the right owner.
In general, all coefficients should be chosen so that the content owner covers 110% of his losses caused by illegal distribution, and SZAK covers the costs of work and maintenance of the state for the same 110%. Of course, you can tear five skins from content owners and violators, taking profits into your pocket, but then the system will not work.
Example 1 Novice director Nikita Pugalkov shot a blockbuster “Plane and Ass”, spending 1 million rubles on shooting and advertising. A week before the premiere, he contacts SZAK and introduces his “defense”. The price of the film is 1 million. Protection tax of about 10% = 100 000r. Tax on the sale of protected content 3%. Suppose that for the year of rental and sale of discs, the film brought 2 million, which will be another 60 000 rub. So, the sum of expenses of the author of content on protection is 160 000 rubles for the first year. For this money, the state provides reliable protection against illegal use. Some time passed, and Szak discovered “Plane and Ass” on the Ra-tracker and Ry-tracker, and informed both of them in the letters. Ra-tracker immediately removed the film and got off with a slight fright, and Ry-tracker scored. A week later, he lost his domain and hosting, and the owners "got" a fine. 1% of 1 million will be 10 000r per day. For seven days - 70 000 rub. Pugalkov will leave about 60%, i.e. 42000r., Covering lost profits from the film. A year later, Pugalkov decides to extend the protection, pays another 100 000r immediately and 3% during the year. The film sells poorly and does not even cover the cost of protection, so in the third year Pugalkov does not renew it and the film can be downloaded and viewed absolutely legally by anyone.
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Example 2 The author has written an article for the Pabra-Pabor network blog and wants its uniqueness and originality to be defended by the state. For this purpose, he communicates with SZAK, estimates the article at 100 rubles, pays 500 rubles. tax (the price of content is less than a thousand) and the state, represented by SZAK, monitors the Internet in search of plagiarism. If it is, it tries to remove. If Ry-tracker distributed this article during the week, then the penalty would be 7 rubles, of which the author would not receive a penny.
Based on a recent article , as well as these postulates, a content protection scheme has taken shape, which, in my opinion, has some potential. So:
The points
1. A separate state service is being created, let's call it the Author Content Protection Service (SZAK), which will be engaged in this.
2. The author (or rightholder) can optionally protect his content by contacting this service. If not addressed - the content is not protected by anyone and nothing, copy and use on health.
3. When applying, the applicant evaluates independently the price of his content, and depending on it, pays tax.
4. The tax is progressive, the higher the price of the content, the greater the tax. If the price is less than 1000 rubles, then the fixed tax is 500 rubles. If more, then it is calculated using some formula from 50% for content at the price of 1001 rubles, and up to 1% per 100 million. Those. the higher the price of content, the lower the percentage of tax (but the tax itself is still more).
5. The term of protection by the state of content is one year. The applicant may, on his own initiative, extend it under the same conditions, making the same amount for each extended year.
6. If the applicant plans to make a profit from the sale of content, then an additional tax is established for him, equal to 3% of the profits. Thus, the article sold by the author to the journal for 2000 rubles is subject to an additional 60 rubles of tax. The film, which brought 2 million, will bring SZAK 60 000 rubles. It is considered ONLY the income received during the content protection action, i.e. 1 year from the date of application.
7. When drafting an application, the author lists in detail by whom, how and when distribution is possible. For example, the author of music can give the go-ahead to track rotation on any body and radio stations. The author himself has full rights to his content.
8. After entering the list of protected content, SZAK is obliged to disclose this information within 1 day. In practice, SZAK has a website with a full list of protected content and deadlines for protection. On this site, anyone can check whether the private distribution of specific content is legal, and if legal, from whom and in what way can it be obtained. Example: A person wants to watch the anime "Purren Pagan." He enters the site, looks at the list and sees that it is protected from copying and can be obtained (purchased) only from Peanimedia. And the anime "Poku no Pico" is not protected by anyone, where you will find - there is yours too.
9. A month before the end of the term of protection, SZAK makes it possible to extend it. At the same time, information about the timing on the site is updated, and thus, the protection remains continuous. If the author does not extend the protection, then within the prescribed period the content disappears from the list and then it can be distributed indiscriminately. However, the author can at any time add it to the list again.
10. From the moment the content is added to the list, SZAK protects against illegal distribution by automatic, semi-automatic, and manual scanning of networks, followed by removal of counterfeit. The basic reality is also monitored. Illegal printing of books, recording discs, etc. is stopped.
11. If an illegal copy of the content is found, Szak informs the offender about it and gives him a day to eliminate it.
12. If the content is not deleted in a day, SZAK initiates an administrative case against the offender and amounts to a penalty in the amount of 1% of the price of the protected product per day, while not ceasing attempts to eliminate the content in all possible ways (domain removal, disconnection from provider, etc.).
13. The fine collected from the violator is distributed between SZAK and the author. The higher the price of content specified during registration, the greater the percentage goes to the author. From 99% for the 100 millionth price, up to 20% for the price of 1001 rubles. The penalty for illegal distribution of content at the price of less than 1,001 rubles goes completely to SZAK to cover expenses. Thus, the greater the price the content has, the greater the penalty will be paid by the violator, and the greater the percentage of it will go to the right owner.
In general, all coefficients should be chosen so that the content owner covers 110% of his losses caused by illegal distribution, and SZAK covers the costs of work and maintenance of the state for the same 110%. Of course, you can tear five skins from content owners and violators, taking profits into your pocket, but then the system will not work.
Now examples
Example 1 Novice director Nikita Pugalkov shot a blockbuster “Plane and Ass”, spending 1 million rubles on shooting and advertising. A week before the premiere, he contacts SZAK and introduces his “defense”. The price of the film is 1 million. Protection tax of about 10% = 100 000r. Tax on the sale of protected content 3%. Suppose that for the year of rental and sale of discs, the film brought 2 million, which will be another 60 000 rub. So, the sum of expenses of the author of content on protection is 160 000 rubles for the first year. For this money, the state provides reliable protection against illegal use. Some time passed, and Szak discovered “Plane and Ass” on the Ra-tracker and Ry-tracker, and informed both of them in the letters. Ra-tracker immediately removed the film and got off with a slight fright, and Ry-tracker scored. A week later, he lost his domain and hosting, and the owners "got" a fine. 1% of 1 million will be 10 000r per day. For seven days - 70 000 rub. Pugalkov will leave about 60%, i.e. 42000r., Covering lost profits from the film. A year later, Pugalkov decides to extend the protection, pays another 100 000r immediately and 3% during the year. The film sells poorly and does not even cover the cost of protection, so in the third year Pugalkov does not renew it and the film can be downloaded and viewed absolutely legally by anyone.
')
Example 2 The author has written an article for the Pabra-Pabor network blog and wants its uniqueness and originality to be defended by the state. For this purpose, he communicates with SZAK, estimates the article at 100 rubles, pays 500 rubles. tax (the price of content is less than a thousand) and the state, represented by SZAK, monitors the Internet in search of plagiarism. If it is, it tries to remove. If Ry-tracker distributed this article during the week, then the penalty would be 7 rubles, of which the author would not receive a penny.
Source: https://habr.com/ru/post/120949/
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