Ukraine Copyright | Architecture

1. Copyright Protection for Works of Architecture, Urban Planning, Garden and Park Art

Copyright protects the author's rights to a work of architecture, urban planning, garden or park art created by them from the moment of expression of the work in material form (in the form of a drawing, sketch, model, illustration; map or plan of a settlement; constructed building, facility, park; plastic work in the field of geology, topography, technology, architecture and other fields of activity). Both finished works and working materials are subject to protection. Ideas are not subject to copyright protection.

The owner of the material object in which the original of a work of fine art or architecture is embodied shall not be allowed to destroy the object without first offering it to the author at a price not exceeding the cost of the materials used for the creation thereof. If it is impossible to preserve the object in which the original of a work is expressed, the owner of the material object in which the original of the work is embodied shall allow the author to make a copy of the work in the relevant form, and in the case of an architectural structure they shall allow the author to take photographs of the work.

Authors’ exclusive rights to use works of architecture, urban engineering and garden and park landscaping shall also envisage their right to participate in the implementation of the relevant work projects.

Unlike most other objects of copyright, it shall not be permissible to reproduce works of architecture in the form of buildings and facilities, previously disclosed lawfully, for personal purposes or for close relatives without the consent of the author (or other copyright holder) and without payment of the author’s remuneration.

Despite the fact that the law is on the side of the author and provides him with unconditional protection, there are often violations related to the illegal use of other people's works of architecture, urban planning, garden and park art, which leads to pre-trial and court disputes.

In such cases, in order to initiate the protection of your rights and get the infringement stopped, you need to have proof that you are the author.

The most reliable way to confirm your authorship is the state registration of copyright, as a result of which you receive a certificate. One application can include several works of architecture, urban planning, garden and park art.

Registration of copyright in Ukraine

The examination of the application takes place within 2 months.

The application for registration of copyright to a work must contain:

• a statement in the Ukrainian language, drawn up according to the approved form;
• a copy of the work (published or unpublished) in printed form or in electronic form;
• if it was published earlier - a document testifying to the fact and date of publication of the work;
• a document on the payment of a fee for preparation for the registration of a copyright for a work or a copy of a document confirming the right to be exempted from paying the fee;
• a document on the payment of the state duty for the issuance of a certificate or a copy of the document confirming the right to exemption from the payment of the duty for the issuance of a certificate;
• a power of attorney issued in the name of a patent attorney (does not require notarization);
• other documents, depending on the situation.

Consultations On Copyright Protection

We provide consultations on copyright protection in Ukraine and abroad, as well as written materials explaining the stages and cost of registration.

The following are provided free of charge:

• •  
  • first 15 minutes of oral consultation on copyright protection;
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  • standard written materials on the stages and cost of copyright registration.

In most cases, free consultations and basic written materials are enough to make a decision to start working with us.

Order a free consultation

Order a free consultation