Copyright protection in Ukraine: ways and mechanisms

Your copyright has been infringed? Do not despair! Copyright protection in Ukraine is a reality and you have every opportunity to fight for your rights. In this article we will consider various ways and mechanisms of copyright protection, from pre-trial dispute resolution to judicial protection and assistance of specialised organisations. Remember that your creative works have value and the law is on your side!

Section 1: What is considered copyright infringement?

Before looking at ways to protect copyright, it is important to understand what is considered infringement. Copyright law guarantees authors exclusive rights to use their works, whether literary, musical, artistic or any other. Copyright infringement is any use of a work without the author’s permission that damages the author. In this section we look in detail at the most common types of copyright infringement, in particular illegal copying and distribution of works, and illegal use of a trade mark.

Subsection 1.1: Illegal copying and distribution

Illegal copying and distribution is one of the most common types of copyright infringement. It consists of reproduction and distribution of a work without the author’s permission, which causes both moral and material damage to the author.

What is considered illegal copying and distribution?

• Plagiarism: Directly copying part or all of a work and presenting it as your own. This can include lyrics, music, images, software code, and the like.
• Illegal posting of works on the Internet: Posting works on websites, forums, social networks without the author’s permission. This applies both to uploading complete works and fragments of them.
• Distribution of counterfeit products: Making and selling copies of works (books, films, music albums, etc.) without the permission of the copyright holder.
• Illegal use of works for commercial purposes: Use of works in advertisements, presentations, videos without the appropriate licence or permission of the author.

Examples of offences:

• Copying an article from the Internet and publishing it on your own site without linking to the source and permission of the author.
• Uploading someone else’s music to file-sharing sites and giving access to it to other users without the permission of the copyright holder.
• Selling pirated copies of films on DVD.
• Using a photograph from the Internet in an advertising campaign without the photographer’s permission.

Important to remember: Any use of a work without the author’s permission is an infringement of copyright, even if you do not benefit financially from it. Exceptions to this are those cases provided for by law, such as quoting a source and using works for educational purposes under certain conditions.

Subsection 1.2: Copyright Infringement on the Internet

In the digital age, online copyright infringement has become particularly prevalent. The ease of copying and distribution of digital content creates significant challenges for copyright protection.

The most common forms of copyright infringement on the Internet are:

• Illegal downloading and distribution of files: Downloading and distributing works (music, films, books, software, etc.) via torrent trackers, file-sharing and other online platforms without the permission of the copyright holder.
• Streaming pirated content: Watching illegal broadcasts of films, TV series, sporting events and other audiovisual works.
• Illegal use of works on websites and social media: Publishing other people’s texts, photos, videos and other content without the author’s permission. This includes the use of works for commercial purposes, such as in advertisements or on online shop pages.
• Plagiarism on the Internet: Copying and using other people’s texts, articles, blog posts and other online publications without citing the source and without the author’s permission.

Features of online copyright infringement:

• Scale: Internet infringement can reach a huge audience, resulting in significant financial losses for copyright holders.
• Anonymity: Infringers often operate anonymously, making them difficult to identify and prosecute.
• Cross-border: Infringement may occur in one country, but content may be distributed in other countries, creating enforcement difficulties.

Important: Copyright protection on the Internet requires special attention. Authors and right holders need to take measures to protect their works by using technical means of protection, carefully monitoring the online space and seeking help from specialised organisations and lawyers.

Section 2: Pre-trial dispute resolution

The discovery of copyright infringement is an unpleasant situation, but it does not always require immediate recourse to court. Often the conflict can be resolved amicably through pre-trial dispute resolution. This section will explain effective methods of pre-trial settlement, such as negotiating with the offender and sending them a written complaint. This can save you time and resources, and preserve business relationships if appropriate.

Subsection 2.1: Negotiating with the infringer

Negotiating with the infringer is the first step to a pre-trial settlement of a copyright infringement dispute. Often the infringer does not realise that their actions are illegal and is willing to stop infringement and pay damages after a constructive conversation.

How to negotiate effectively:

• Gather evidence of infringement: Before you start negotiating, make sure you have enough evidence to prove that copyright infringement has occurred. This may include screenshots, copies of works, recordings of correspondence, and the like.
• Address the offender in writing: It is recommended to address the offender in writing, e.g. by e-mail or registered letter. This will make it possible to record the fact of your appeal and the content of your claim.
• State the essence of the claim clearly and concisely: Explain to the infringer exactly what your copyright has been infringed and what your demands are (cessation of the infringement, payment of compensation, etc.).
• Offer ways to resolve the conflict: Be prepared to offer the infringer compromise options to resolve the dispute. For example, conclude a licence agreement for the use of your work.
• Negotiate calmly and constructively: Even if you are outraged by copyright infringement, try to remain calm and negotiate constructively. Avoid emotional outbursts and insults.
• Document the results of the negotiation: If you are able to reach an agreement with the perpetrator, document it in writing, such as an agreement or protocol.

When negotiation may not be effective:

• The infringer does not admit guilt: If the infringer categorically denies infringement, negotiations may be ineffective.
• The infringer does not contact you: If the infringer ignores your attempts to contact him/her, negotiations are impossible.
• The infringement is extensive and causes significant damage: In cases of serious infringements that cause significant material or moral damage, it is advisable to go straight to court.

If negotiations with the offender fail, the next step may be to send a written complaint to the offender.

Subsection 2.2: Claim against the infringer

If negotiations with the infringer have not led to the desired result, the next step in pre-trial dispute resolution is to send a written claim to the infringer. A claim is an official document in which you clearly state your demands for cessation of copyright infringement and compensation for damages.

How to draw up a claim:

• Provide your and the infringer’s details: Full name, address, contact details.
• Describe the infringed work: Title of the work, date of creation, type of work (literary, musical, artistic, etc.). If the work is registered, provide the number of the certificate.
• Describe in detail the fact of violation: Specify what actions of the violator you consider illegal. Provide evidence of the violation (links to the site, screenshots, copies of the work, etc.).
• Make your demands clear: Demand that the infringement cease, that the work be removed from the illegal posting, that compensation for damages be paid, that a retraction be published, and so on. Set a clear deadline for compliance.
• Warn about the consequences of non-compliance: Indicate that if you fail to comply within the deadline, you will be forced to take legal action.
• Attach evidence confirming your rights and the fact of violation.
• Sign and date the claim.

Example of a claim:

[Your details].

[Infringer’s details]

Copyright Infringement Claim

This letter is to inform you that my copyright in the work “[Title of Work]” created by [Date of Creation] has been infringed.

[Describe the infringement and provide evidence].

I demand that you, within 10 days of receipt of this claim:

1. Cease unlawful use of the work “[Title of work]”.
2. Remove the work from the website [website address].
3. Pay compensation for the damage caused in the amount of [amount].

In case of failure to fulfil my demands in due time, I will be forced to apply to the court to protect my copyright.

[Date] [Signature]

Important: Sending a claim is an important step because it demonstrates your willingness to defend your rights and may encourage the offender to settle without litigation. Keep a copy of the claim and proof of sending it.

Section 3: Judicial defence of copyright

If pre-trial settlement of a dispute over copyright infringement has failed, the next step is to go to court. Judicial protection ofcopyright is an effective mechanism that allows you to hold the infringer accountable and recover damages. In this section we will look at the procedure for legal defence, the evidence required and the types of liability for copyright infringement. Going to court can be a complicated process, so it is important to understand your rights and have a clear plan of action.

Subsection 3.1: Legal action

A lawsuit in court is a key tool for judicial protection of copyright. A properly drafted and substantiated claim is the basis for successful consideration of the case and obtaining a fair decision.

Where to apply:

Claims for copyright protection are filed in economic courts at the place of registration of the defendant (infringer).

Content of the claim:

The statement of claim must contain:

• Name of the court to which the claim is filed.
• Data of the plaintiff (author) and defendant (infringer): full name, address, contact details.
• Description of the infringed work: Title, date of creation, type of work. If the work is registered, provide the certificate number.
• Circumstances of the case: A detailed description of the fact of copyright infringement, indicating the specific actions of the infringer.
• Evidence of infringement: List and copies of evidence confirming the fact of infringement (screenshots, copies of the work, expert opinions, etc.).
• Claimant’s claims: Clearly formulated claims, e.g., cessation of the infringement, compensation for material and moral damages, seizure of infringing products, publication of a retraction, etc.
• Amount of the claim: If you are claiming damages, it is necessary to substantiate their amount and provide relevant calculations.
• List of attached documents.
• Date and signature.

Legal aspects of defence:

It is important to remember that the legal process can be complex and lengthy. It is advisable to seek the assistance of a qualified lawyer who specialises in protection of intellectual property. The lawyer will help you to correctly draw up statement of claim, collect the necessary evidence and represent your interests in court.

Where to apply for legal assistance:

• To specialised law firms that deal with intellectual property.
• To lawyers who specialise in copyright law.

Filing a lawsuit in court is an important step in protecting your copyright. Careful preparation and professional legal assistance will greatly increase your chances of success.

Subsection 3.2: Evidence of infringement

The success of a copyrightcase in court depends heavily on the evidence provided. The evidence of infringement must be compelling and clearly establish that your work is being used illegally.

What evidence may be used:

• Original Work: If possible, provide the original work or a certified copy of it. This can be a manuscript, layout, digital file, or the like.
• Certificate of copyright registration (optional, but desirable): Having a certificate greatly simplifies the process of proving authorship. However, even without registration, copyright arises from the moment the work is created.
• Screenshots: Screenshots of web pages that host your work without authorisation can be used as evidence of illegal use.
• Video recordings: Video recordings that show evidence of infringement, such as the sale of infringing products, can also be used as evidence.
• Audio recordings: Audio recordings of unlawful use of a musical work, such as during a public performance without the author’s permission.
• Notarised copies of the work: Notarising copies of the work may give them additional legal effect.
• Expert testimony: In some cases, expert testimony may be required to prove authorship or copyright infringement.
• Witness testimony: Witnesses can confirm that you created the work or that the infringer used it illegally.
• Correspondence with the infringer: Correspondence in which the infringer admits to using your work or refuses to negotiate can be used as evidence.

Important considerations regarding evidence:

• Credibility: The evidence must be credible and beyond doubt as to its authenticity.
• Relevance: The evidence must be directly related to the fact of copyright infringement.
• Admissibility: Evidence must be legally obtained.

The collection and proper presentation of evidence is a key factor in the success of a lawsuit. It is recommended to seek the assistance of a lawyer to prepare evidence and present it to the court.

Subsection 3.3: Types of liability for infringements

Infringement of copyright entails various types of liability provided for by the legislation of Ukraine. The purpose of sanctions is not only to compensate losses to the author, but also to prevent further violations.

Civil liability:

• Compensation for damages: The offender is obliged to compensate the author for all damages caused, both material and moral. Material damages may include lost profits, legal costs and the like. Moral damages are compensated by a sum of money, the amount of which is determined by the court.
• Compensation: In lieu of damages, the author may claim compensation ranging from 10 to 50,000 minimum wages established at the time of infringement. The specific amount of compensation is determined by the court, taking into account the nature of the infringement and the consequences for the author.

Administrative liability:

• Fines: Administrative fines are provided for copyright infringement. The amount of the fine depends on the severity of the infringement.
• Confiscation of counterfeit goods: Illegally manufactured products that infringe copyright are subject to confiscation.

Criminal liability:

In cases of particularly serious copyright infringements, causing significant damage, criminal liability may be imposed. This provides for punishment in the form of a fine, restriction or imprisonment.

The type of liability depends on the nature and scale of the offence and the intent of the offender. The court considers all the circumstances of the case when deciding on the type and amount of punishment.

Section 4: Organisations that help with copyright protection

Copyright protection can be a complex process and authors often need the help of specialist organisations. In this section we will look at organisations that support authors in protecting their rights in Ukraine, in particular the UAASP and law firms specialising in intellectual property. Knowing about these resources will help you to effectively protect your creative works and get qualified assistance in case of infringement of your rights.

Subsection 4.1: UAACP

The Ukrainian Agency for Copyright and Related Rights (UAACR) is the key organisation dealing with copyright protection in Ukraine. It represents the interests of authors and right holders of various types of works – literary, musical, artistic, audiovisual, etc.

Activities of the UAASP:

• Collective management of property rights: UAASP collects and distributes royalties for the use of works. This allows authors to receive income from the use of their works in various spheres, such as public performance of music, broadcasting of films, copying of works, etc.
• Copyright protection: UAASP provides legal assistance to authors in cases of infringement of their rights. This includes counselling, drafting claims, and representing authors in court.
• Seminars and trainings: UAASP organises educational events for authors and right holders to raise their awareness of copyright protection.
• Cooperation with international organisations: UAASP cooperates with similar organisations in other countries to ensure the protection of Ukrainian authors’ copyrights abroad.

How to contact UAASP:

You can find contact information and details of UAASP on their official website.

Advantages of co-operation with UAASP:

• Professional support: UAASP has extensive experience in the field of copyright protection and provides qualified assistance to authors.
• Collective strength: UAASP represents the interests of a large number of authors, which strengthens their position in relations with infringers.
• International co-operation: UAASP can help you protect your rights not only in Ukraine, but also abroad.

The UAASP is an important resource for authors and rightsholders in Ukraine. Contacting this organisation can greatly simplify the copyright protection process and ensure that you receive fair remuneration for the use of your works.

Subsection 4.2: Law Firms

In addition to specialised organisations such as the UAASP, authors can seek assistance from law firms specialising in the protection of intellectual property, in particular copyright.

Advantages of contacting a law firm:

• Individual approach: Law firms provide personalised advice and develop a protection strategy, taking into account the specifics of each case.
• Comprehensive defence: Specialists of law firms can help not only with copyright issues, but also with other aspects of intellectual property, such as protection of trademarks, patents, etc.
• Court representation: Experienced lawyers will provide professional representation of your interests in court, which significantly increases the chances of successful resolution of the case.
• In-depth understanding of the law: Lawyers constantly monitor changes in legislation and court practice, which allows them to provide up-to-date and effective legal advice.
• Assistance in pre-trial settlement: Law firms can assist in negotiating with the wrongdoer and drafting claims, which can help resolve disputes amicably.

How to choose a law firm:

• Experience and specialisation: Pay attention to the firm’s experience in intellectual property and whether it has lawyers who specialise specifically in copyright.
• Reputation and testimonials: Research the firm’s reputation and read client testimonials.
• Cost of services: Compare the cost of services of different firms and choose the best option.

Contacting a law firm is an investment in protecting your copyright. Skilled legal assistance will allow you to fight infringement effectively and receive proper compensation.

Conclusions

Copyright protection in Ukraine is an important task that requires knowledge and active actions on the part of authors. Ignoring copyright infringements can lead to significant financial and moral losses. Fortunately, there are various ways and mechanisms for protection, ranging from pre-trial dispute resolution through negotiations and claims, to judicial defence with the possibility of collecting compensation and bringing the infringer tojustice. It is important to remember that you are not alone in this fight. Organisations such as the UAASP and specialised law firms are ready to provide you with professional support and assistance. Don’t be afraid to assert your rights and protect your creative works!

You can learnmore about how to register copyright in Ukraine by following the link: “How to register copyright in Ukraine“.