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1. What is an essay?
A work is an original result of the intellectual creative work of the author in the field of science, literature, art, expressed in any objective form (written, material, electronic, etc.).
The work is created by the author as a result of work of an intellectual and creative nature. The creative work of the author creates a work that is original and new.
Works are protected regardless of their completeness, purpose, value, etc., as well as the manner or form of their expression.
Copyright protects, in particular, the following types of objects:
- written works — novels, poems, articles, scripts, methods;
- oral works - lectures, speeches, sermons, etc.;
- stage works — dramatic works, musical and dramatic works, pantomimes, choreographic works, etc.;
- musical works (with or without lyrics);
- audiovisual works — videos, movies, reels, presentations;
- works of painting, graphics, sculpture, architecture;
- photographic works;
- works of applied art;
- illustrations, maps, plans, sketches and plastic works relating to geography, topography, architecture or science;
- translations, adaptations, arrangements and other processing of literary or artistic works;
- collections of works;
- computer programs;
- databases.
What cannot be protected by copyright?
Copyright shall not extend to ideas, processes, methods of acivity or mathematical concepts as such. If you have an idea that you want to protect, it must be expressed in material form - in the form of a drawing, sketch, scenario, software code - in such a case you will be able to protect your idea within the limits embodied in such a work.
In addition, the following are not subject to copyright in Ukraine:
- Announcements about the news of the day or other facts of the nature of ordinary press information;
- News reports of the day or other facts that are of the nature of ordinary press information.
- Acts of state authorities, local self-government bodies, official documents of a political, legislative, administrative and judicial nature (laws, decrees, resolutions, decisions, state standards, etc.), as well as their drafts and official translations;
- State symbols, state awards; state signs, emblems, symbols and signs of state authorities, the Armed Forces of Ukraine and other military formations of Ukraine, approved by state authorities; symbols of territorial communities of Ukraine, approved by relevant local self-government bodies;
- Money signs;
- Traffic schedules, schedules of television and radio broadcasts, telephone directories and other similar databases that do not meet the criteria of originality and are covered by the right of a special kind (sui generis);
- Abbreviations;
- Photographs that do not have signs of originality (are not photographic works).
2. What is copyright on a work?
Copyright — is a legal term used to describe the rights that creators have, which apply to their literary and artistic works. Copyright protects the personal non-proprietary rights and proprietary rights of authors and their successors related to the creation and use of works. Copyright to a work originates at the moment of the work’s creation. A person who owns a copyright shall use a special copyright sign — © — to notify of their rights.
Copyright in a work arises as a result of the creation of the work. A work is considered created from the moment of its initial presentation in any objective form (written, tangible, electronic (digital), etc.). The author of the work is an individual who created the work through his creative activity.
The author of the work is the primary subject of copyright. He always has non-property rights and may have property rights.
Other natural or legal persons to whom property rights to a work have been transferred on the basis of a deed or law may become subjects of property copyright.
The copyright for a work created in co-authorship belongs to the co-authors jointly, regardless of whether such a work is one inseparable whole or consists of parts, each of which may also have an independent meaning.
6.2. Non-proprietary rights of the author:
- the right to be recognized as the author of the work;
- the right to require indication of his/her name in connection with use of the work, if it is practically possible;
- to prohibit the indication of his/her name in connection with use of the work;
- to counteract any twisting, distortion or other change of the work or any other encroachment on the work that may harm the honor or reputation of the author, and this also applies to accompanying the work without their consent with illustrations, forewords, afterwords, comments, etc.
- the right to name the work or leave it untitled;
- the right to dedicate the work to a person(s), event or date.
The author's non-property rights cannot be alienated and are protected indefinitely.
The author of the work and/or other natural and legal persons who have acquired rights to the works in accordance with the contract or law have the following property rights:
- the right to use the work in any way(s);
- exclusive right to allow the use of the work (issue a license);
- the right to transfer (alienate, sell) property rights to the work in full;
- the right to transfer (alienate, sell) the property rights to the work in part — to certain ways of using the work in the territory of all countries of the world or to certain ways of using the work in the territory of certain countries of the world, or to all ways of using the work in the territory of certain countries of the world;
- the right to prevent illegal use of the work, including prohibiting such use.
According to the general rule, the term of validity of intellectual property rights to a work is valid for the lifetime of the author plus 70 years.
The person who owns property rights (author, acquirer of rights, successor, licensee) can notify about his property rights by using the copyright protection sign - ©, next to which the name (designation) of the subject of property rights to the work and the year of the first publication of the work.
3. Why register a copyright?
In the absence of evidence to the contrary, the author of the work is considered to be the natural person indicated in the usual way as the author on the original or copy of the work (presumption of authorship).
Registration of a work is not required for the emergence and exercise of copyright. However, the subject of copyright (author or other person who owns property rights) can register a copyright in the state register to certify the ownership of property and non-property rights, as well as to achieve one or more of the goals listed below.
The purpose and advantages of state registration of copyright and the contract relating to property rights to the work:
- 2.1. Documentary confirmation of authorship by obtaining a state certificate — may be required when concluding contracts on sales, transferring rights, as proof of authorship or ownership of rights in court or during pre-trial settlement of a dispute.
- proof of authorship or ownership of rights in pre-trial settlement of a dispute — the presence of a certificate is a presumption of authorship, so there is no need to prove this fact in a more complicated way;
- 2.2. Increasing the amount of compensation in case of violation of rights - many countries have limits on sums for claims if copyright is not registered.
- improving the position of the author (rights holder) during negotiations regarding the transfer / use of rights to the work — as the lack of a state registration certificate can encourage dishonest partners to take illegal actions;
- 2.3. Improving the position of the author when concluding a contract — the presence of an official document confirming authorship increases trust in the author (or other owner of property rights) on the part of a potential customer, buyer, publisher.
- confirmation of rights to register an intellectual property object in the customs register;
- 2.4.Reputational benefits, popularity, satisfaction of non-material needs - the presence of a copyright registration certificate may be indicated in a dissertation or on a CV, it may be included in a portfolio; a corporate entity may use copyright to maintain reputation, for advertising, or to increase goodwill.
- simplifying the registration of inheritance — because there is a practice of refusal by notaries to issue a certificate of the right of inheritance to property copyrights to works due to the lack of state registration of copyrights to works and contracts relating to the author's right to works belonging to a deceased person. In case of receiving such a refusal, you will have to prove your rights in court;
- 2.5. The option of optimizing taxation — lowering the tax base by placing the appropriate intangible asset on the balance sheet and charging depreciation; the option of paying money to the manager and the founder in the form of royalties (with the calculation of personal income tax excluding social security contributions); transfer of royalties abroad (tax on repatriation of income does not arise if the object of intellectual property is registered to a foreign entity from the very beginning).
- the possibility of using property rights to the work as collateral, securing obligations, as well as in other civil relations;
- ordering an assessment of an intangible asset - the expert must provide a document confirming ownership of the work. Such a document can be a state registration certificate;
- reputation benefits, popularity, satisfaction of non-material needs - the presence of a copyright registration certificate can be indicated in a dissertation, resume, or included in a portfolio; a legal entity can use copyright to maintain reputation, advertising, increase goodwill;
- ensuring participation in the negotiation procedure of public procurement — the need for a certificate is determined by Part 2 of Article 40 of the Law on Public Procurement;
- the possibility of optimizing taxation — reducing the tax base by placing the corresponding intangible asset on the balance sheet and charging depreciation; transfer of royalties abroad (tax on repatriation of income does not arise if the object of intellectual property is registered to a foreign entity from the very beginning).
4. What is the cost of copyright registration?
| Description | Cost, UAH. | |
| 40301 | SERVICE regarding the preparation and submission of an application for copyright registration - coef. 1 | 2500.00 |
| 40302 | SERVICE related to keeping records until the completion of the registration procedure (tracking deadlines, receiving documents, informing about requests) - coef. 1 | 1000.00 |
| 40303 | FEE for submitting an application for copyright registration | 255* / 510** |
* individual
** legal entity
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;
- 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.