I don't know too much about it holding up in court, now days.
But I do know from experience* that if you are talking about digital content, contacting the web host of the content "thief" will spark an investigation with a reputable web host and could end up in the web host sending notice to the account holder to remove the content and can lead to the account holder losing their hosting account.
(*From experience I do not mean I was on the reciveing end of these actions)
Quote: "I'm not a lawyer."
Nor am I, but as noted I speak from experience.
As far as instant intellectual rights upon creation, that is a toss up. Which is why "Creative Commons" is a joke and holds no ground. With the exception of, if you violate it, the associated community will "boo" you.
If you get right down to it, "rights" all breaks down to: Do you have the money to defend your rights, if not you are pretty much up the creep without a paddle.