Navigating Copyright Infringement In A Globalized World: Understanding Your Rights And Options

Afghanistan has had copyright laws in place since 2008, with the Law Supporting the Rights of Authors, Composers, Artists and Researchers (Copyright Law) as the main IP law enacted by the country's legislature. This law protects works published or broadcast during the author's lifetime for 50 calendar years after their death, unless the author has decided otherwise. Joint works are protected for 50 years after the death of the last author, and works published under a pseudonym are protected for 50 years from the first year of publication.

In terms of reporting copyright infringement in Afghanistan, it is unclear what the specific process is. However, given that Afghanistan is a member of the World Trade Organization and the World Intellectual Property Organization (WIPO), there are likely established procedures in place for addressing copyright violations. It is recommended to consult with legal professionals or relevant government authorities in Afghanistan to understand the specific steps for reporting and enforcing copyright infringement in the country.

Afghanistan's copyright law

Under this law, works published or broadcast during the author's lifetime are protected for 50 years after their death, unless the author specifies otherwise. Joint works are protected for 50 years after the death of the last surviving author. Works published under a pseudonym are protected for 50 years from the first year of publication. Unpublished works are protected for 50 years from the first year of publication or broadcast, and audiovisual works are protected for 50 years from fixation if they are not published or broadcast. Photography and painting works are also protected for 50 years from the first year of publication or broadcast.

In addition to these protections, the law also addresses National Folklore, which includes oral expressions such as tales, popular poetry, and riddles, as well as musical and motion expressions like popular songs and dances. National Folklore is considered public property of the state and is protected by the Ministry of Information and Culture.

It is important to note that Afghanistan has had a complex history with copyright issues. Before the 2008 Copyright Law, the country lacked a formal patent or copyright system, and its trademark laws were outdated. Afghanistan has also had a tumultuous political history, with coups, invasions, and civil war impacting its ability to establish and enforce consistent copyright laws.

Regarding international agreements, Afghanistan ratified the Agreement on the Importation of Educational, Scientific and Cultural Materials in 1958. In 1979, it accepted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. More recently, Afghanistan joined the World Trade Organization in 2016 and the Berne Convention came into effect in the country in 2018.

While Afghanistan has taken steps to establish and enforce copyright laws, it is important for rightsholders to understand the specific protections and enforcement mechanisms available in the country.

Reporting copyright infringement to the US government

Copyright infringement can be a direct threat to your intellectual property and livelihood. If you identify a copyright infringement, act quickly to get it removed. The longer it remains online, the higher the risk of losing revenue and customers and damaging your content's value.

Step 1: Gather proof of the infringement

Evidence of the specific copyright infringement will be important as you go forward with getting it removed. This proof should include screenshots, links to the infringement, and any other information you can collect—the more the better. During this time, you should also find any official registrations you have for your content, as this will make it easier to prove your ownership.

Step 2: Send a DMCA takedown notice

Once you have gathered the proper evidence, you can contact the infringer. A DMCA takedown will serve as a notice to the offender that they have infringed upon your copyright. It will also notify them that legal action will be taken if the content is not removed. File a DMCA takedown and send the official notice to the offender, with a deadline to remove the content.

Step 3: Report the infringement to the US government

You can report copyright infringements to the US government here. This reporting will serve more as a record rather than work to take down the infringement.

Step 4: Report the infringement to all applicable sources

Report the infringement to as many authorities as applicable. Most marketplaces and social media platforms have their own reporting tools. You can also report copyright infringements to web hosts, search domains like Google, and federal and local authorities. This expansive approach will increase your chances of getting the infringement removed.

Not everything is protected by copyright law, and brand owners and content creators need to know what won’t be enforceable. Content that isn’t covered by copyright laws includes ideas and non-tangible works, trademarkable content, and content in the public domain.

Copyright infringement and brand protection

Copyright infringement is a serious issue that can have detrimental effects on a brand's reputation and revenue. It involves the unauthorised use or reproduction of copyrighted material, such as written texts, music, images, videos, and software codes. Brand protection is essential to safeguard a company's intellectual property and prevent copyright infringement.

Understanding Copyright Infringement

Copyright infringement occurs when an individual or entity reproduces, distributes, performs, publicly displays, or creates derivative works from a copyrighted work without the permission of the copyright owner. This can include stolen photographs, graphics, music, movies, and text, which are often shared on social media platforms. Copyright infringement can lead to brand dilution and damage a brand's reputation, as well as result in financial losses for the copyright owner.

Brand Protection Strategies

To protect against copyright infringement, brands can implement the following strategies:

• Register intellectual property, including trademarks and copyrights.
• Use non-disclosure agreements (NDAs) with partners to protect confidential information.
• Combat rogue websites by registering relevant domain names and removing harmful sites.
• Establish a strong social media presence to counter impersonation and scams.
• Educate customers to recognise legitimate products and raise awareness about the harms of counterfeiting.

Monitoring and Enforcement

Monitoring for copyright infringement can be done manually or with the assistance of attorneys or brand protection companies. Automated technologies, such as bot-powered searches and machine learning, can also help detect and remove infringing content across multiple platforms. When copyright infringement is identified, it is important to gather evidence, such as screenshots and URLs, and send a takedown notice to the infringer.

Legal Action

In some cases, legal action may be necessary to protect a brand's intellectual property. This can involve sending cease and desist letters, pursuing civil litigation, or working with law enforcement to criminally prosecute egregious or large-scale commercial infringement.

International Considerations

It is important to note that copyright laws and enforcement vary internationally. While Afghanistan has copyright laws in place, the specific protections and procedures for reporting infringement may differ from those in other countries.

Copyright infringement poses a significant threat to brands, and it is crucial for companies to proactively protect their intellectual property. By implementing brand protection strategies, monitoring for infringement, and taking swift enforcement actions, businesses can safeguard their reputation, revenue, and creative works.

Copyright infringement and impersonation

Afghanistan's copyright law has been governed since 2008 by the law on the support of the right of authors, composers, artists, and researchers. The country joined the WTO in 2016 and the Berne Convention came into effect in Afghanistan in 2018.

Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. Copyright infringement can occur when someone makes a reproduction of a copyright-protected work without consent from the creator. This can include the use of copyrighted photographs, graphics, text, music, and movies.

Impersonation refers to when a third party claims to be, represent, or be affiliated with an authentic brand or individual without authorization. This can include the unauthorized use of trademarks, copyrighted works, or other forms of intellectual property to deceive customers.

To address copyright infringement and impersonation, it is important to gather proof of the infringement, such as screenshots, links, and official registrations of the content. A DMCA takedown notice can then be sent to the infringer, notifying them of the infringement and the potential for legal action. The infringement can also be reported to various authorities, including local governments, web hosts, search domains, and federal and local law enforcement agencies.

In the case of Afghanistan, it is important to note that as of 2005, the country had no official copyright relations with the United States. This means that works published in Afghanistan may not be copyrighted in the United States, and vice versa. Therefore, when addressing copyright infringement and impersonation involving Afghanistan, it is crucial to refer to the relevant laws and authorities in the respective countries.

Copyright infringement and fair use

Afghanistan has had copyright laws in place since 2008, with the law on the support of the right of authors, composers, artists, and researchers (Copyright Law). However, as of 2005, Afghanistan has no official copyright relations with the United States, meaning that works published in Afghanistan are not copyrighted in the US and vice versa.

Copyright infringement occurs when someone reproduces a copyright-protected work without the creator's consent. This can include reproducing photographs, manuscripts, and web copy, or uploading music and movies and making them available for free on illegal sites.

Fair use is a legal doctrine that permits the unlicensed use of copyrighted works in certain circumstances. It promotes freedom of expression and allows for the unlicensed replication of copyrighted content if certain criteria are met. Fair use is determined on a case-by-case basis, and there are no bright-line rules. However, four factors must be considered when determining whether a use constitutes fair use:

• The purpose and character of the use: This factor focuses on whether the use is commercial or non-commercial and whether it is transformative, meaning it adds something new and does not substitute for the original use of the work. Non-commercial and transformative uses are more likely to be considered fair.
• The nature of the copyrighted work: This factor considers whether the work is more creative or factual. Using a creative work is less likely to support a fair-use claim, while using a factual work is more likely to be considered fair.
• The amount and substantiality of the portion used: This factor looks at both the quantity and quality of the copyrighted material used. Using a large portion of the work or the "heart" of the work is less likely to be considered fair use.
• The effect of the use on the potential market: This factor considers whether the use harms the current or potential market for the copyrighted work. If the use results in lost sales or could cause substantial harm if it became widespread, it is less likely to be considered fair use.

In summary, fair use allows limited reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. It is important to weigh all four factors when determining whether a particular use is fair.

Frequently asked questions