Copyright: how to protect your works in Ukraine?

Creativity is important, but it is even more important to protect your rights to it. In a world where information spreads lightning fast, copyright becomes a key aspect for every creator. Copyright protection ensures that your ideas expressed in your works are properly appreciated and protected from unauthorised use. In Ukraine, copyright law protects your works from copying, distribution and other forms of unauthorised use. This article will provide you with the necessary information on how to protect your creative achievements and what rights you are guaranteed by law.

Section 1: What is copyright and what does it protect?

Copyright is a set of rights granted to authors for their original works. It acts as a guarantor of recognition of creative work and protects the intellectual property of authors. Understanding what is protected by copyright in Ukraine is fundamental for every creator. In this section we will look at the main aspects of copyright, namely, what kinds of works fall under its protection, as well as what rights are granted to authors – mine and individual non-mine. This will help you to recognise the importance of protecting your work and to use the mechanisms provided by the law effectively.

Subsection 1.1: Types of protected works

Copyright in Ukraine protects a wide range of creative works. The law defines a list of works that fall under protection, guaranteeing authors exclusive rights to use them. Understanding this list will help you determine whether copyright covers your work.

Here are some categories of works protected by copyright in Ukraine:

• Literary works: This includes novels, novellas, short stories, poems, plays, scripts, articles, blogs, computer programmes and other written works.
• Musical Works: This includes compositions with or without lyrics, arrangements, remixes.
• Artistic works: Paintings, graphics, sculpture, photography and other visual arts.
• Audiovisual works: Films, video clips, TV programmes, animation.
• Choreographic works and pantomimes.
• Architectural works: Building designs, models, buildings themselves.
• Photographic works: Original photographs and their processing.
• Computer programmes: Software code, databases.
• Cartographic works: Maps, plans, globes.
• Works of applied art: Handmade items, designs.
• Derivative Works: Translations, adaptations, annotations and other revisions of existing works.

Important to remember: Copyright protects the form of expression of an idea, not the idea itself. For example, the idea of writing a novel about love is not protected, but the specific text of the novel you wrote falls under the protection of copyright. 

What is not protected by copyright:

• Official documents (laws, regulations, court decisions).
• State symbols.
• Folk art (folklore).
• Ideas, concepts, principles, methods, techniques, processes, systems, ways, solutions to technical, organisational or other problems, discoveries, facts, programming languages.

Knowing about the types of works protected by copyright in Ukraine is an important step to protecting your creativity. If you are not sure whether your work is protected, it is better to consult a lawyer specialising in intellectual property issues. This will help you avoid trouble and protect your rights.

Sub-section 1.2: Property and personal non-property rights of the author

Copyright law grants authors two main types of rights over their works: property rights and personal non-property rights. These rights are inalienable and closely related, providing comprehensive protection for creativity. Understanding the difference between them will help you to manage your rights effectively and defend them if they are infringed.

Personal non-property rights:

These are rights that are closely related to the personality of the author and his work. They are non-property rights, i.e. they cannot be sold, gifted or transferred to other persons. Personal non-property rights are valid indefinitely. These include:

• Right of authorship: The right to be recognised as the author of a work and to prohibit others from appropriating its authorship.
• Right to Name: The right to use one’s work under one’s own name, pseudonym or anonymously.
• Right to inviolability of the work: The right to prohibit others from altering the work without the author’s consent.
• Right to make the work public: The right to decide if and when the work will be presented to the public for the first time.

Property rights:

These are rights that allow the author to benefit materially from the use of his work. They can be transferred to other persons by contract. Property rights are valid during the life of the author and 70 years after his death. These include:

• Right of reproduction: The right to make copies of a work in any form (print, electronic, etc.).
• Right of distribution: The right to sell, gift or otherwise distribute the work.
• Public performance right: The right to perform a work publicly (e.g., recite poetry, play music).
• Right of public display: The right to display a work publicly (e.g., to show a film).
• Right of public display: The right to display a work publicly by technical means (e.g., to broadcast a film on television).
• Right of revision: The right to create new works from an existing work (e.g. translations, adaptations).
• The right to make a work available to the public: For example, posting a work on the internet.

Understanding the difference between property and non-property rights is important to protect your work. Knowing your rights will help you manage them effectively and prevent infringement.

Section 2: How does copyright arise?

The question often arises as to when exactly a work is considered copyrightable. Is it necessary to go through complicated registration procedures, or does protection arise automatically? In this section we will consider the mechanism of the emergence of copyright in Ukraine, explain the principle of automatic protection and tell you about the advantages of registration, although it is not mandatory. Understanding these aspects will help you to be sure that your creation is protected from the moment of its creation.

Subsection 2.1: Automatic protection

In Ukraine, copyrightin a work arises automatically from the moment it is created. This means that you do not need to register your work with any state body to get protection. Your rights arise by virtue of the very fact that the original work was created.

What does “moment of creation” mean?

The moment of creation is the moment when a work takes on a finished form that is sufficient for it to be perceived. It can be the moment when the last line of a poem is written, when a painting is completed, when a film is finished, and so on. It is important that the work be expressed in an objective form that allows its reproduction.

Advantages of automatic protection:

• Simplicity: You do not have to go through bureaucratic registration procedures.
• Time and cost savings: You don’t waste resources on paperwork and fees.
• Immediate protection: Your rights are protected from the first day you create your work.

Although copyrightregistration is not mandatory, it has a number of advantages, which we will discuss in the next subsection. However, even without registration, your work is already protected by copyright.

In order to strengthen the protection of your rights and make it easier to prove authorship if necessary, it is recommended that you:

• Save drafts and previous versions of the work: This can serve as proof of the creation process and your authorship.
• Fix the date of creation of the work: For example, put the date on the manuscript, publish the work online and fix the date of publication.
• Use special services for depositing works: This will allow you to register the work and obtain additional proof of authorship.

Subsection 2.2: Registration of copyright

As we have already mentioned, in Ukraine copyrightregistration is not mandatory for the origin of the right itself. Copyright arises automatically from the moment of creation of the work. However, registration with UKRNOIVI (Ukrainian Institute of Intellectual Property) provides the author with a number of significant advantages, which can be decisive in case of disputes regarding authorship or infringement of rights. Protection against plagiarism becomes much more effective when your rights are officially registered.

Benefits of registration:

• Simplifying proof of authorship: A certificate of copyright registration is an official document confirming your authorship and greatly simplifies the process of defending your rights in court. This is especially important in complex cases where proving authorship without documentary proof can be difficult.
• Strengthening your position in case of disputes: Having a certificate of registration can deter potential infringers and make it easier to prove plagiarism. It gives you a strong argument in negotiations and litigation.
• Increasing the credibility of your work: Registration shows that you are serious about protecting your rights and increases the credibility of your work with partners and clients. This can be an important factor when entering into contracts and co-operation with other parties.
• Possibility of using the work as collateral: A registered copyright can be used as an intangible asset to obtain a loan. This expands your opportunities in the financial sphere.

Copyrightregistration is carried out by UKRNOIVI. To register, it is necessary to submit the relevant application and pay the state fee. More detailed information on the procedure and cost can be found on the official website of UKRNOIVI.

Required Documents:

• Application for copyright registration .
• Two copies of the work (or part of it) in a form that allows its reproduction. In some cases, a fragment of the work may be sufficient.
• A document confirming the payment of the state fee.

Although registration is not mandatory, it is an important step for any author who takes his or her work seriously and wishes to protect it from illegal use. It provides additional safeguards and makes it easier to protect your rights.

Section 3: How to protect copyright in Ukraine?

Knowing your rights is the first step. The next step is to be able to protect them. Copyright law in Ukraine guarantees you a number of mechanisms to protect your creativity from illegal use. In this section, we look at practical tools and strategies to help you protect your works, including copyright contracts, anti-plagiarism measures and recourse to the courts. This is a practical guide for every author who seeks to ensure that their intellectual property is properly protected.

Subsection 3.1: Copyright Contract

Copyright contract is one of the key tools for protecting copyright and regulating the relationship between the author and the person wishing to use the work. It is a written agreement that clearly defines the terms of use of the work, rights and obligations of the parties, as well as financial aspects of co-operation. A properly drafted copyright contract will help you avoid misunderstandings and protect your interests.

What should an author’s contract contain?

• Subject of the contract: A clear definition of the work that is the subject of the contract (title, type, scope, etc.).
• Ways of using the work: Specifying the specific ways in which the work will be used (e.g., publication, distribution, translation, adaptation). The more detailed these terms are, the better.
• Term of the contract: The period during which the other party has the right to use the work.
• Territory of the contract: The geographical area where the use of the work is authorised.
• Amount and procedure of remuneration payment: A clear definition of the amount of author’s remuneration and its payment schedule.
• Rights and obligations of the parties: A detailed list of the rights and obligations of the author and the user of the work.
• Liability for breach of contract: Conditions and sanctions for failure to fulfil or improper fulfilment of obligations under the contract.

Types of copyright contracts:

There are a variety of copyright contracts that can be tailored to specific situations. The most common types are:

• Licence agreement: Grants the user the right to use the work under certain conditions, with the author retaining the copyright.
• Exclusive Rights Transfer Contract: The author transfers to the user the exclusive right to use the work for a specific period of time and territory.
• Contract of commission: The work is created by the author at the request of the user, and the rights to the work are determined by the terms of the contract.

Drafting an author’s contract is a complex process that requires knowledge of the law and consideration of many nuances. It is recommended to contact a lawyer specialising in intellectual property to obtain qualified assistance in drafting a contract that will protect your interests to the maximum extent possible.

For more detailed information, please read our article: “Copyright Contracts: Types and Specifics of Conclusion“.

Subsection 3.2: Protection against plagiarism

Plagiarism is a serious copyright infringement that involves the unlawful use of another person’s work without the author’s permission. Plagiarism protection is an important aspect for every creator and there are several ways to protect your rights.

Ways to protect yourself from plagiarism:

• Copyright registration: As mentioned earlier, registration with UKRNOIVI provides you with additional proof of authorship and simplifies the process of defending your rights in court.
• Deposit of the work: Storing a copy of the work in special deposit services allows you to fix the date of creation and provide additional proof of authorship.
• Publishing with clear attribution: Always include your name (or pseudonym) and the year of creation when publishing your work.
• Use of watermarks: Images and videos can be watermarked to make it difficult to copy and use without your permission.
• Monitoring the internet: Regularly check the internet for copies of your work without your permission. There are specialised services that help automate this process.
• Technical safeguards: For software and other digital works, technical safeguards can be used to protect against copying.

What to do if plagiarism is detected:

• Contacting the infringer: Send the infringer a written warning demanding that they stop using your work illegally.
• Making a claim: If the infringer does not respond to the warning, you can send them a formal claim for compensation.
• Going to court: If an agreement with the offender is not reached, you have the right to go to court to protect your rights.

Defending against plagiarism is an ongoing process that requires the author to be vigilant and proactive. Knowing your rights and how to protect them will help you effectively counter plagiarism and preserve your intellectual property.

Section 3.3: Legal recourse

Going to court is an extreme, but often necessary measure to protect copyright in Ukraine. If negotiations with the infringer have failed, a lawsuit may be the only effective way to restore justice and receive compensation for damages.

When is it worth going to court?

• If the infringer ignores the author’s claim.
• If there are significant financial losses from the infringement of rights.
• If the infringement is widespread.
• To set a precedent and prevent further violations.

Procedure for going to court:

1. Collection of evidence: It is necessary to collect evidence to prove your authorship and the fact of infringement (e.g. copyright registration certificate, screenshots, video recordings, witness statements).
2. Drafting a statement of claim: The statement of claim must contain a clear statement of the author’s claims and justification of the infringement of rights.
3. Filing a lawsuit with the court: The lawsuit is filed with the court at the place of registration of the defendant or at the place where the infringement took place.
4. Trial: During the trial, the parties are given the opportunity to present their evidence and arguments.
5. Judgement: Following the hearing of the case, the court issues a judgement, which may provide for cessation of infringement, payment of compensation, seizure of counterfeit goods, etc.

What can be demanded in court?

• Recognition of authorship.
• Obligation to cease infringement of rights.
• Compensation for material damage.
• Compensation for moral damage.
• Refutation of inaccurate information.

Applying to court is a complex process that requires knowledge of the law and procedural rules. It is recommended to contact a qualified lawyer to obtain professional assistance at all stages of the court proceedings. This will significantly increase your chances of success and help protect your rights.

Section 4: Liability for Copyright Infringement

Copyright infringement entails liability under the current legislation of Ukraine. Depending on the nature and scale of the infringement, the consequences may vary from civil to criminal liability. Understanding the types of liability will help potential infringers to realise the seriousness of the consequences of their actions, and authors to protect their rights.

Ukrainian law provides for several types of liability for copyright infringement:

• Civil liability:This is the most common type of liability. It may include:
  • Obligation to stop the infringement.
  • Compensation for pecuniary damage: Covering the financial losses suffered by the author as a result of the infringement.
  • Compensation formoral damages: Compensation for the moral suffering of the author due to the infringement of his rights.
  • Compensation payment: A fixed amount that is paid to the author regardless of the existence of damages. The amount of compensation is determined by law or contract.
• Administrative liability: Provides for penalties for infringement of rights that do not entail significant material damage. For example, illegal distribution of copies of works.
• Criminal liability: The most severe type of liability, which applies in cases of significant copyright infringements that cause substantial harm to the author or society. For example, illegal commercial use of works on a particularly large scale.

It is important to remember that ignorance of the law does not exempt you from liability. Therefore, before using someone else’s work, make sure that you have the right to do so or have received permission from the author. This will help you avoid unpleasant consequences and save your reputation.

Conclusions

Copyright is an important tool for protecting creative work. Understanding the basic principles ofcopyright, the types of protected works, and how to protect their rights will help authors effectively manage their works and prevent their illegal use. Although copyright arises automatically from the moment a work is created, registration with UKRNOIVI provides additional benefits and facilitates the process of protecting rights. If copyright is infringed, there are various ways to protect yourself, including a copyright contract, negotiating with the infringer, and going to court. Remember, it is your responsibility to protect your creativity.