Ukraine Copyright | Software, Data Bases, Websites

1. Copyright Protection of Computer Programs, Databases, Websites

Copyright protects the author's rights to the computer program, database and website created by them.

Copyright of the author originates at the moment of the work’s expression in material form, regardless of the method or form of expression.

Despite the fact that the law is on the side of the author and provides them with unconditional protection, there are often violations related to the illegal use of someone else's software, databases, content or software code of a website, 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.

Registration of copyright for computer programs

Computer programs are protected as literary works. This means that the form is protected, and not the essence and methods embedded in the computer program. Accordingly, another programmer can implement the same solution using a different program code. (If you want to protect the idea and the underlying algorithm for solving the problem, you can do so by patenting the data processing method.) However, copyright registration is cheaper than patenting, and in many cases registering a copyright on a computer program is quite enough to obtain the necessary protection for one's software.

To register a copyright on a computer program, it is necessary to prepare and submit a copy of the program in the form of the source code (fragments of the source code) of the program in the amount necessary for its identification. The applicant independently decides which fragments of the source code of the computer program to transfer to storage, and can remove from the presented fragments of the source code places that, in his opinion, should not be covered.

Registration of copyright on databases

A database is a collection of works, data or any other independent information in any (including electronic) form, selected, created and organized through creative work. The legal protection of databases does not extend to the data or information itself and does not affect any copyright related to the data or information contained in the database.

Traffic schedules, television and radio broadcast schedules, telephone directories and other similar databases that do not meet the criteria of originality are not protected by copyright.

In order to register a copyright on a database, it is necessary to prepare and submit a copy of the database in the form defined for the corresponding object of copyright, which is an integral part of the database. Instructions for using the database and a description of the structure of the database are attached to the application for copyright registration of the database.

Website copyright registration

Websites — from the point of view of copyright — are a collection of such copyright objects as computer programs, texts (literary works), drawings, photographs, drawings, videos, sounds, etc., which are accessed through the address on the Internet. The work of the site can be considered as a set of images of pages displayed on the screen.

In order to register a website copyright, it is best to submit for registration the printed materials of the website in the form of pages displayed on the device.

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;
• 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