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cc-south-caucasus - Re: [Cc-south-caucasus] CC Violation by Armenian media outlet

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Subject: Creative Commons in the South Caucasus

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Chronological Thread  
  • From: onnik AT oneworld.am
  • To: Movses Hakobyan <movses.hakobyan AT gmail.com>
  • Cc: cc-south-caucasus AT lists.ibiblio.org
  • Subject: Re: [Cc-south-caucasus] CC Violation by Armenian media outlet
  • Date: Thu, 05 Mar 2009 14:55:07 +0400

Hi Movses,

Thanks for the detailed response. I've sent a complaint to Yerevan Press Club as I'd much rather not settle this in court, but you're right, sooner or later the situation will only change when someone does take legal action.

Cheers,
Onnik

Quoting Movses Hakobyan <movses.hakobyan AT gmail.com>:

Dear Onnik,
It's really pity that your copyright is disregarded regularly by Armenian
mass media that are supposed to be more law-abiding. However, as a matter of
fact, protection of copyright shall be directed by rights holders themselves
according to our legislation. I don't know whether you have time and desire
to sue smb in the court of law but you could (I think) get assistance from
"Armauthor" NGO that has a huge and successful practice in dealing with such
cases. Even if they would not be in a position to provide legal assistance,
I think you can hire a lawyer to rectify and restore your property rights.

Concerning the CC application in Armenia, I shall note that in this case
your authorship is evident (as for Law), on the other hand, copyright
infringer too. Note that CC is not an alternative to traditional copyright
but along with it. It means that there is no obstacles for you to defend
your rights in a way provided by national legislation. Moreover, if there
would be any ambiguity with exercising CC rights in the court, at this
point, it will be beneficial for you because the court will turn to the
basics of traditional copyright thus respondent will not be able to refer to
freed rights of Copyright (if any) under CC trying to justify such
unauthorized use of creative work.
Finally, I am sure that after couple of demonstrative lawsuits especialy
successful ones, such terrible situation will be changed.
I hope that nothing is missed.
All the best
*
--
Movses Hakobyan
Internews' Center for Information Law and Policy*


From: Onnik Krikorian <onnik AT oneworld.am>
To: cc-south-caucasus AT lists.ibiblio.org
Date: Wed, 04 Mar 2009 19:13:48 -0800
Subject: CC Violation by Armenian media outlet
Dear All,

A1 Plus have broken the terms of my Creative Commons license two times in
the past week and refuse to do anything to rectify matters.

http://www.a1plus.am/en/?page=issue&iid=69595

http://www.a1plus.am/en/?page=issue&iid=70028

As adoption of CC in Armenia will be dependent on the ability to protect
materials, what to do next? Can this be a test cast to get resolved now or
do I have to take them to court and if so any suggestions?

If CC and standard cannot be protected, what's the point?

Cheers and thanks for any advice. Enough is enough and this isn't the only
example -- ArmenPress, Zhamanak, Hetq Online and others have done the same.

--


Onnik Krikorian
---
Oneworld Multimedia | http://www.oneworld.am

The Frontline Club | http://frontlineclub.com/blogs/onnikkrikorian/

Caucasus Regional Editor | http://www.globalvoicesonline.org




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