Creative Commons in the South Caucasus

[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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