Ukraine Copyright | Copyright Guide

What is Artwork and Copyright?

Artwork 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.).

Artwork is created by the author as a result of intellectual and creative effort. Applying creative effort the author creates a work that is original and novel.

Artworks are protected regardless of their completeness, purpose, value, etc., as well as the manner or form of their expression.

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 moral rights and pecuniary rights of authors and their successors related to the creation and use of works. Copyright originates at the moment of the artwork’s creation. A person who owns copyright may use a special copyright sign — © — to notify of their rights.

Copyright arises as a result of the creation of the artwork. An atrwork is considered created from the moment of its initial presentation in any objective form (written, tangible, electronic (digital), etc.). The author of the artwork is an individual who created it by way of their creative activity.

The author of an artwork is the individual who created the work throughtheir 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.

Examples of Artworks

The most common artworks are as follows:

• written works — novels, poems, articles, scripts, methods;
• 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;
• computer programs;
• databases.
• oral works - lectures, speeches, sermons, etc.;
• collections of works;

Why register 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:

• 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;
• 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;
• 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;
• 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;
• Using property rights to the work as collateral, securing obligations, as well as in other civil relations;
• Assessment of an intangible asset — the examiner must be provided with 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).

Ukrainian Copyright Certificate

As a result of state registration of copyright, the National Intellectual Property Authority deposits the work, makes an official publication of the registration, and issues Certificates of Registration of Copyright for a Work and Decision on Registration.The registered work is not published, and access to its copy by other persons is possible only with the written permission of the author or by court decision.

The applicant receives two documents:

Copyright Registration Certificate is a form issued by the National Intellectual Property Authority (formerly Ukrpatent) that confirms the existence of intellectual property rights to a work. In particular, it contains the reference number and date of registration, the type and title of the work, the author's full name and/or pseudonym.

Along with the certificate, the author also receives a decision on copyright registration, which, in particular, contains the number and date of the application, the type and title of the work, the author's full name and/or pseudonym.

Territorial Limits of Copyright Protection

Copyright for a work has no territorial limitations and is valid worldwide. Therefore, copyright registration in Ukraine can serve as proper confirmation of authorship in other countries as well.

The main goal of “DESTRA Patent Law Firm when providing copyright registration services is to provide the highest level of service and comply with the client's best interests, including the choice of the type of registration and the correct classification of the work.

What are Author’s Rights

Author’s Moral Rights:

• the right to be recognized as the author of the work;
• the right to request that author’s name be mentioned in connection with the use of the work, if practicable;
• the right to require indication of his/her name in connection with use of the work, if it is practically possible;
• the right to a pseudonym - the author has the right to choose a pseudonym and to require the pseudonym to be indicated instead of the author's real name on copies of the work and when using it;
• 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 pecuniaty rights:

• the right to use the work in any manner;
• 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.

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