Ukraine Copyright | Motion Pictures

1. Copyright Protection for Audiovisual Works — Movies, Videos, Presentations, Reels

Copyright protects the author's rights to an audiovisual work created by them - a movie, video, presentation, reel - from the moment the work is expressed in material form. Both finished works and working materials are subject to protection. Ideas are not subject to copyright protection.

Copyright protects all kinds of audiovisual works (cinema movies, TV movies, video movies, filmstrips, slide films), regardless of the method of fixation (movie film, magnetic film, magnetic disk, CD, memory card), the method of visual display (cinema screen, television screen, computer monitor, tablet or smartphone screen), and genre (game, documentary, animated film):

According to the Law of Ukraine "On Copyright and Related Rights", the authors of an audiovisual work are:

• director/producer;
• author of script and/or lyrics, dialogues;
• author of a musical work with or without lyrics, specially created for the audiovisual work;
• art director;
• cinematographer.

One and the same natural person may combine two or more authorship functions. Usually, based on international practice, the spirit of the law and common sense, the list should not be exclusive, although in Ukraine, especially in disputes with tax authorities, the list is usually interpreted as exclusive.

The author or another party to whom the author has transferred their proprietary rights to the audiovisual work has the following exclusive rights:

• to reproduce, copy, distribute, publicly display, demonstrate the work, including on the Internet;
• to make subtitles for and duplicate the text of the work;
• to allow licenses other parties to perform the above actions, including by issuance of licences.

The authors of the audiovisual work have the right to receive fair remuneration for the disclosure and each public performance, demonstration or transfer thereof for property lease and/or commercial rental; the remuneration shall be distributed and paid out by collective management organizations or by another method.

Authors whose works have been incorporated into an audiovisual work (both those that existed before and those created in the process of working on the audiovisual work) shall each retain the copyright to their works, and can use it independently of the entire audiovisual work, unless otherwise stipulated in a contract with the organization that produces the audiovisual work, or with the producer of the audiovisual work.

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 films, videos, presentations, videos, 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. Several audiovisual works can be included in one application.

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.

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.

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