Copyright in literary works: peculiarities of protection

Copyright in literary works is not just dry legal wording, but, without exaggeration, the shield and sword of every writer, poet, journalist, and anyone who works with words. Creating an interesting book, a fascinating article, a heartfelt poem is a lot of work that requires not only talent, but also time, effort, and inspiration. And, of course, every author wants to be sure that his or her work is protected, that no one can use the fruits of his or her labour without permission. Therefore, the topic of copyright in literary works is always relevant and important. In this article, we will discuss how this protection works, what rights the author has, and what to do if these rights are violated.

Section 1. What is covered by copyright in literary works?

Before we can talk about protection, we need to clearly understand what we are actually protecting. What exactly is covered by copyright in literary works? In other words, what works are considered literary from the point of view of the law? Is there a difference between a novel, a scientific article and a social media post? And are translations protected, or only original texts? Let’s find out.

In this section, we’ll look at what kind of works fall under the definition of “literary” and enjoy copyright protection. We will talk about different genres, from fiction books to scientific works, and find out how translations and collections of works are protected.

Subsection 1.1: Written works of various genres

Copyright in literary works is primarily about protecting written works. It does not matter whether it is a large-scale novel of a thousand pages, a short story, a scientific article, or even just a poem. The law equally protects all written works, regardless of their genre, length or artistic value. The main thing is that the work must be the original result of the author’s creative work.

Literary works include:

• Fiction: novels, novellas, short stories, novellas, plays, poems, ballads, etc.
• Academic literature: monographs, articles, dissertations, textbooks, manuals, lectures, etc.
• Publicistics: articles, essays, reports, interviews, feuilletons, etc.
• Technical literature: manuals, reference books, descriptions of inventions, etc.
• Computer programs ( yes, they are also considered literary works in terms of copyright).
• Databases, if they are the result of creative work on the selection and organisation of data.

This is certainly not an exhaustive list. The main criterion is the written form of expression and the creative nature of the work. Therefore, if you have created something original and put it down in writing, rest assured that your work is protected by copyright.

Subsection 1.2: Translations

Translations of literary works should be mentioned separately. Are they covered by copyright? The answer is unequivocal – yes! Translation is not just a mechanical reproduction of a text into another language, but a complex creative work that requires a deep understanding of the original, a mastery of the language and a creative approach from the translator.

The law considers translation as a separate object of copyright. This means that a translator has his or her own rights to the translation he or she has created. These rights are independent of the rights of the author of the original work. In other words, the translator is the author of the translation and has the right to use his or her work.

What rights does a translator have?

• The right to a name: a translator has the right to indicate his or her name on the translation.
• The right to the inviolability of thetranslation: no one has the right to make changes to the translation without the translator’s consent.
• The right to remuneration: a translator has the right to receive remuneration for the use of his or her translation.

It is worth noting that in order to create and use a translation, it is necessary to obtain permission from the author of the original work or other copyright holder. This is called the “right to translate”, and it is one of the exclusive property rights of the original author.

Thus, translators enjoy double protection: on the one hand, they are the authors of their own works (translations), and on the other hand, they must respect the rights of the authors of the original works.

Subsection 1.3: Collections

Collections of works are another type of literary works that enjoy copyrightprotection . The situation here is a little more interesting than with ordinary books or articles. After all, a collection is essentially a combination of several independent works united by a certain principle. And copyright protection has its own peculiarities.

What is a collection? It is an ordered set of works by different authors or by the same author, selected on a certain basis: thematic, genre, chronological, etc. For example, it can be a collection of poems by different poets about love, or a collection of scientific articles on a certain topic, or a collection of works by one writer published in different years.

Copyright in a collection has a two-tier structure:

• Copyright in individual works included in the collection: Each work included in the collection is protected by copyright independently of the collection. That is, the author of each individual work retains all his or her rights to it.
• Copyright in a collection as an integral work: The compiler of a collection, i.e. the person who selected and arranged the works, has the copyright in the collection as a separate work. This right arises provided that the compilation of the collection is of a creative nature. That is, a mere mechanical combination of works does not create a new object of copyright.

Thus, the compiler of a collection has his own rights that do not depend on the rights of the authors of individual works included in the collection. The compiler has the right to the name, to the inviolability of the collection as an integral work, to use the collection in any way, and to receive remuneration for the use of the collection. But, of course, the compiler must respect the rights of the authors of individual works included in the collection and obtain permission from them to use their works.

Section 2: Exclusive rights of the author of a literary work

So far, we have established that the copyright law protects a wide range of literary works, including translations and collections. Now let’s talk about what rights an author has. What does it mean to be an “author” from a legal point of view? What opportunities and privileges does this status provide?

The copyright grants the author of a literary work a number of exclusive rights that allow him or her to control the use of his or her work and receive remuneration for his or her work. These rights can be divided into two main groups: property and non-property rights. In this section, we will focus on property rights, which, as the name implies, have an economic dimension. In other words, these rights allow the author to monetise their work.

Subsection 2.1: The right of reproduction

One of the key property rights of the author of a literary work is the right to reproduce. What does it mean? In simple terms, it is the right to make copies of your work in any form and by any means. The author may allow or prohibit others from reproducing his or her work.

What is considered reproduction? Here are some examples:

• Printing: Publishing a book is a classic example of reproduction.
• Copying: Photocopying the pages of a book, scanning an article, or recording a work on an electronic medium (e.g., a USB stick or hard drive) is also reproduction.
• Saving to a computer: Saving a work of literature to a computer or other electronic device is also reproduction.
• Creating an audiobook: Recording an author’s text in an audiobook format is one of the ways of reproduction.

It is important to understand that any copying of a work without the author’s permission is a violation of the author’s right to reproduce. Even if you have made a copy for personal use and do not intend to distribute it, it is still technically considered an infringement.

Therefore, if you want to make a copy of a literary work, make sure you have permission from the author or other copyright holder. This will help to avoid misunderstandings and legal problems.

Subsection 2.2: The right of distribution

Another important property right of the author is the right to distribute copies of his/her work. This means that the author can control how and where his or her work will be sold, given away, leased or rented, or otherwise distributed. Only the author has the right to decide how his or her work will reach the public.

Distribution can be done in different ways:

• Sale: This is the most common way of distributing literary works. The author may sell copies of his or her work independently or through bookstores, online stores, etc.
• Giving: The author may give copies of his/her work to anyone at his/her discretion.
• Lending: The author may lend copies of his or her work, for example, through libraries.
• Other means of alienation: This may include, for example, an exchange of copies of a work for other goods or services.

It is important to note that the right to distribute only applies to the first sale of a copy of the work. This means that after you have bought a book in a store, you can freely resell it, give it away, or rent it out without asking the author’s permission. This is called “exhaustion of rights”.

However, this rule does not apply to electronic copies of works. If you have purchased an e-book, you cannot resell or give it as a gift, as this would be considered illegal copying and distribution of the work.

Therefore, if you plan to distribute literary works, you need to obtain permission from the author or other copyright holder. This will help you avoid misunderstandings and legal problems.

Section 2.3: The right of public performance

The right of public display is another property right of the author, which is closely related to the right of distribution, but has its own peculiarities. What does it mean?

In simple terms, it is the author’s right to control any public presentation of his or her work when the work can be accessed by a wide audience. This can happen both directly and through technical means.

Here are some examples of public displays of a literary work:

• Public reading: A public reading of a work at a literary event, festival, library, or any other public place.
• Screen display: Displaying the text of a work on a screen during a lecture, presentation, or other public event.
• Exhibiting copies of a work: For example, displaying first editions of a book in a museum or library.
• Use in a play: When excerpts from a literary work are used in a performance.

It is important to distinguish between a public performance and the mere distribution of copies of a work. For example, if you simply sell books in a store, this is not a public display. But if you organise a public reading of excerpts from the book in the same store, this will be a public display.

Therefore, the author has the exclusive right to publicly display his or her work. This means that anyone who wants to publicly display a work must obtain permission from the author or other rights holder.

Subsection 2.4: The right to translation

Let us now consider the right of translation. This is the author’s exclusive right to allow or prohibit the translation of his or her work into other languages. In other words, if you want to translate, for example, a novel by a Ukrainian author into English, Italian or any other language, you will first need to obtain official permission from the author or another copyright holder.

Why is this important? Here are some key aspects:

• Quality control: The author knows his or her work better than anyone else and is interested in ensuring that the translation is as accurate and adequate as possible. Permission to translate gives the author the opportunity to control the quality of the translation and preserve the original idea.
• International distribution: Translation opens the way to new readers and expands the audience of a work. By granting permission for translation, the author can choose in which markets and countries his or her work will be presented.
• Financial aspect: The translation of a literary work is often associated with commercial use. The author has the right to receive remuneration for the use of his or her work in translation.

It is also worth remembering that by creating a translation, a translator becomes the author of a new work – a translation. However, their rights depend on the rights of the author of the original work. This means that a translator cannot freely dispose of his translation without the consent of the original author.

Thus, the right to translate is an important tool that allows the author to control the fate of his or her work internationally, preserve its integrity and receive appropriate remuneration.

Subsection 2.5: The right of processing

The last but not least property right we will discuss is the right to process a work. What is meant by processing? It is the creation of a new, creatively reinterpreted work on the basis of an existing literary work. Adaptation, film adaptation, staging, creation of comic books based on a book are all examples of reworking.

How does an adaptation differ from, say, a translation? A translation is a reproduction of a work in another language, preserving the form and content. Revision involves deeper changes, making author’s changes to the form, structure, genre of the work.

• Adaptation: This is the adaptation of a work for another art form or for another audience. For example, adapting a novel for children or for people with special needs.
• Adaptation: The creation of a film or television series based on a literary work.
• Adaptation: This is the creation of a theatre production based on a literary work.
• Creation of derivative works: For example, writing fanfiction (a work based on the universe of the original work), creating comics, games based on a book.

The author has the exclusive right to process his/her work. This means that no one else can make any alterations without his or her permission. This right allows the author to control the quality and nature of the processing, as well as to receive remuneration for the use of his or her work in a new format.

Thus, the right to process is an important tool of copyright protection that allows the author to expand the sphere of influence of his or her work, while maintaining control over its content and form.

Section 3: Term of copyright in literary works

We have already considered in detail what rights belong to the author of a literary work. But no less important is the question: how long do these rights last? Are they indefinite, or do they still have a certain time limit?

This is what we will discuss in this section. We will find out how long the author can use his or her exclusive rights, as well as what happens to the work after thecopyright expires .

Looking ahead, I will say that the copyright of is not lifetime, although it is protected for a long period of time. So, fasten your seat belts, we are diving into the world of legal terms and dates.

So, how long is thecopyright for literary works valid for? According to the general rule established by the Law of Ukraine “On Copyright and Related Rights”, , the term of copyright for literary works is the author’s lifetime and 70 years after his or her death. These 70 years begin on 1 January of the year following the year of the author’s death.

What does this mean in practice?

• During the life of the author: The author has all the exclusive rights to his or her work, as discussed in the previous sections. He can use the work at his own discretion, allow or prohibit its use by others, and receive remuneration for the use of the work.
• 70 years after the author’s death: During this period, the property copyright passes to the author’s heirs. They can use the work, dispose of the rights to it, and receive remuneration for the use of the work.
• After the 70-year term expires: The work enters the public domain. This means that anyone can freely use the work without permission and without paying remuneration.

It is important to remember that we are talking about property rights. The author’s personal non-property rights, such as the right of authorship and the right to a name, are protected in perpetuity.

Thus, the term of copyright in literary works is quite long, which ensures reliable protection of the rights of authors and their heirs.

Section 4: Protection of copyright in literary works

Having understood what rights the author of a literary work has and how long they are valid for, we now turn to the most important question: how to protect these rights? What should you do if you discover that someone is using your work illegally?

In this section, we will discuss the practical aspects of copyrightprotection . We will look at the procedure for registering copyright, as well as find out what steps to take if you find that your rights have been infringed.

Section 4.1: Registering copyright

Although copyright in a literary work arises automatically from the moment of its creation and does not require mandatory registration, registration has a number of significant advantages. It can be compared to insurance: it is not mandatory, but in the event of an insured event (i.e. copyright infringement ), it will make your life much easier.

Advantages of registration:

• Official confirmation of authorship: Acopyright registration certificate is an official document that confirms your authorship of a work.
• Simplification of the procedure for protecting rights: In the event of a dispute over authorship, a certificate will greatly simplify the procedure for proving your rights in court.
• A deterrent to potential infringers: Information about a registered copyright can serve as a deterrent to people who intend to illegally use your work.
• Proof of date of creation: Registration records the date of creation of the work, which can be important in case of a dispute over authorship.

How to register

Registration of thecopyright in Ukraine is carried out by the Ukrainian National Institute of Intellectual Property. The registration procedure is quite simple and does not require significant time and money. It requires submission of an application in the prescribed form, a copy of the work and a document confirming payment of the registration fee to the UCRDC.

Thus, although copyright registration is not mandatory, it is an effective tool to protect your rights and interests as an author.

Subsection 4.2: What to do in case of copyright infringement

Even if you have registered your copyright, unfortunately, no one is immune to infringement. What should you do if you discover that your literary work is being used illegally?

Here is a step-by-step guide:

1. Gathering evidence: First of all, you need to document the infringement. Take screenshots of web pages, save emails, record videos – collect as much evidence as possible of the illegal use of your work.
2. Identify the infringer: Try to find out who exactly is infringing your rights. It can be either an individual or a legal entity.
3. Pre-trial settlement: Try to contact the offender and resolve the situation amicably. Write a complaint in which you state your claims and suggest ways to resolve the problem.
4. Filing a lawsuit : If pre-trial settlement fails, you have the right to file a lawsuit to protect your copyright.
5. Contacting law enforcement authorities: In some cases, if the copyright infringement has the elements of a criminal offence, you may contact law enforcement authorities.

Examples of violations

• Unlawful copying and distribution of a work: For example, pirating e-books on the Internet.
• Use of a work without the author’s permission: For example, publishing excerpts from a book in a magazine without the author’s consent.
• Plagiarism: Taking credit for someone else’s work or part of it and publishing it under your own name.

Remember that copyrightprotection is an important tool that allows authors to protect their work and receive proper remuneration for their work. Don’t be afraid to assert your rights and seek professional help if necessary.

Conclusions.

So far, we have discussed in detail the topic of copyright in literary works. Let us summarise the results and once again focus on the key points. Copyright is not just a formality, but a real tool for protecting your intellectual property and your creative work.

Literary works, be they novels, poems, articles or even translations and collections, automatically receive protection from the moment they are created. The author has a number of exclusive rights that allow him or her to control the use of his or her work and receive remuneration for it.

Remember that these rights are valid throughout the author’s life and for another 70 years after his or her death. Although registration of copyright is not mandatory, it can be a strong piece of evidence in the event of an authorship dispute.

If your copyright has been infringed, do not give up! There are effective mechanisms of protection – from pre-trial settlement to going to court.

Protect your works, be informed, and don’t be afraid to assert your rights! After all, your creativity is a significant contribution to the cultural treasure trove, and it deserves proper protection.