Copyright term is a question that, without exaggeration, bothers every author. Well, or almost every author, not me. You have created a masterpiece and you want it to be protected. But how long does this protection last? A year? Ten? Seventy? Or maybe for life? And what does it depend on? Confusing, isn’t it? Let’s try to make sense of it. In other words, in this article we will, as they say, put everything on the shelves and find out how long copyright is valid in Ukraine. And not only in Ukraine, I’ll tell you ahead of time.
After all, there are also international conventions, and you should remember them too. After all, copyright is not a joke, it is the protection of your intellectual property, your creative endeavours, your soul, after all. Therefore, knowing your rights is a must have for every author.
Section 1: General Provisions on Copyright Term Limits
Before we get into the details and specific cases, let’s go over the basics. So to speak, let’s find out the rules of the game, so that there are no surprises later. So, let’s talk about copyright terms, and let’s start with the basics – with the countdown of these very terms.
Subsection 1.1: Countdown of Time Limits
The Law of Ukraine “On Copyright and Related Rights” clearly says: copyright starts from the moment of creation of the work. It sounds simple, but what does it mean in practice? In other words, it is the moment when your creative idea takes some objective form. You wrote a poem – there it is, creation. Make a film – same thing. Create a sculpture – same thing. That is, it doesn’t matter whether you have published your work or registered it somewhere. The main thing is that it exists, and it can be seen, heard, read.
Of course, the law does not force us to run to a notary with every written poem to witness the date of its creation. Although, if the poem is brilliant and you anticipate millions of dollars in royalties, you can witness it. But in general, it’s your headache – how to prove that it was you and exactly when you created this masterpiece. So my advice to you is to take care of the evidence in advance. You can, for example, send a copy of the work to yourself by post with return receipt. Or you can save drafts, sketches, sketches – anything that confirms the creative process. Some even take a photo of the computer screen with the date and the open file of the work. Well, this is, of course, to your taste and colour. The main thing is to have something to prove your authorship in case of anything.
Separate mention should be made of joint works. Here the rule is a little different. If you created a work together with someone else, the copyright term will run from the date of death of the last co-author. That is, as long as at least one of the authors is alive, the copyright is valid. And after the death of the last one, the countdown of those very 70 years begins, which we will talk about a little later.
So, let’s summarise. The countdown of the copyright term starts from the date of creation of the work. And it is important to have evidence to support this date. Remember this, and your creative legacy will be well protected. Well, now we come to the next question: how long does this protection last? This will be discussed in the next subsection.
Subsection 1.2: Duration of Protection
So, we’ve figured out when the copyright termbegins . Now the most interesting thing is how long does this protection last? Here everything, at first glance, is simple. The general rule is: copyright lasts for the life of the author and 70 years after his or her death. This means that your works are protected by law for a long time, even after you are gone. This ensures that your descendants will have certain rights to your creative legacy.
However, there are nuances. And how can it be without them? Firstly, as we have already mentioned, for joint works the term of copyright is calculated from the date of death of the last co-author. Secondly, some types of works have separate terms of protection. For example, for official works or works published anonymously or under a pseudonym. We’ll talk more about this in the next section.
For now, remember the main thing: the length of of your copyright protection is quite impressive – your entire life plus 70 years after your death. This gives you the opportunity to create in peace without worrying that someone will use your ideas without your permission. And that, you’ll agree, is very important for any author.
Section 2: Duration of copyright for different types of works
So, the general provisions have been dealt with. Now – the most interesting! Let’s get down to specifics. After all, the world of creativity is a multicoloured and multifaceted thing. There are novels, there are poems, there are films, there are computer programmes, there are photographs….. And each type of work may have its own nuances regarding copyright terms. Don’t be frightened, it’s not as scary as it seems. It’s just a matter of figuring it out.
In this section we will look at how the length of protection is determined for different types of works. We will talk about works published during the author’s lifetime and those published after the author’sdeath . We’ll discuss the specifics of collaborative works and some specific types of works, such as photographs or audiovisual works. In other words, we’ll lay it all out so you have a clear understanding of what term you can settle on.
So, who’s ready to dive deeper into the world of copyright? Let’s go!
Subsection 2.1: Works published during the author’s lifetime
Let’s consider the works that were published during the author’s lifetime. Everything seems to be simple here: the protection is valid during the life of the creator and for another 70 years after his death. But what is to be considered a publication? Are a novel published in thousands of copies and a poem read in a small circle of friends equally protected?
The law clarifies: publication is the release of a work into the world, with the author’s permission, in a number of copies sufficient to meet the “reasonable needs of the public”. What does this mean? Let’s look at some examples:
- Putting a poem on the internet? It’s a publication.
- Released by a publishing house? Sure, publication.
- Printed out a few copies of the story for people you know? Yes, and this can also be considered a publication.
So, if the work has been published, the 70-year term after the death of the author is counted from 1 January of the year following the year of death. A simple example: the author passed away in 2023, therefore, copyright on his works will be valid until 1 January 2094.
But it is important to remember: publication is not a prerequisite for copyright! Even if a work was never published during the author’s lifetime, it is still protected. In this case, the 70-year countdown starts on 1 January of the year following the year when the work was first published.
To summarise: for works published during the author’s lifetime, the rule “life plus 70 years” always works. The main thing is to be clear about the date of the author’sdeath and the date of publication of the work.
Subsection 2.2: Works published posthumously
What about works that the author never managed to publish during his lifetime? Are they protected bycopyright? Of course they are! Creativity does not disappear with the author. The rule “life of the author plus 70 years” also applies here, but there are some nuances.
If the work first saw the light after the death of the author, the term protection is counted from 1 January of the year following the year of publication. That is, if the author died, say, in 1990, and his novel was first published in 2023, then copyright on this novel will be valid until 1 January 2104. By the way, note that in this case the duration of protection can exceed 70 years.
It would seem that everything is simple. But there is one important point. The law says that copyright on posthumously published works is valid only if the publication took place within 70 years after the death of the author. If, however, this term has expired, the work passes into the public domain. In other words, after 70 years from the death of the author, if the work is still unpublished, anyone can use it without permission and without remuneration.
Therefore, if you are the heir of an author who left unpublished works, take care to publish them in time. This will allow you to retain copyright and receive proper remuneration for the use of the works.
Subsection 2.3: Duration of copyright in joint works
Co-creation is always exciting, but it’s also a little more complicated from a legal standpoint. So how is the term of copyright for co-authored works determined? Here, too, there are peculiarities.
- The general rule: copyright on a joint work is valid during the life of all co-authors and 70 years after the death of the last of them. That is, as long as at least one co-author is alive, the work is protected.
- Countdown: The 70-year term after the death of the last co-author begins on 1 January of the year following the year of his or her death.
- Indivisibility of Copyright: It is important to understand that the copyright in a joint work is indivisible. This means that each co-author has the right to use the work, but cannot dispose of it independently without the consent of the other co-authors. For example, it cannot sell the exclusive rights to the work or inherit it without the consent of the other co-authors.
Co-creation is a kind of creative duo, or trio, or even a whole orchestra. And copyright, in this case, is like a conductor’s baton, which provides harmony and order. Therefore, it is important to remember the indivisibility of copyright and to harmonise your actions with other co-authors.
Subsection 2.4: Specific Terms of Protection for Certain Types of Works (Photographs, Audiovisual Works, etc.)
As we have already mentioned, the law provides special terms of protection for certain types of works . Let’s take a look at the most common cases.
- Photographs: Photographs are copyrighted for the life of the author and 70 years after his death. Here everything is standard, as for most works.
- Audiovisual works (films, TV programmes, etc.): The term of copyright for audiovisual works is also the life of the author and 70 years after his death. But there is an important nuance! If an audiovisual work is created by several authors, the term is calculated from the death of the last of such co-authors: the director-producer, the author of the script, the composer of a musical work specially created for this audiovisual work.
- Anonymous and pseudonymous works: If a work is published anonymously or under a pseudonym, copyright lasts for 70 years from the date of publication. If, however, the author reveals his or her name within that period, the general rule applies – the life of the author plus 70 years after death.
- Official Works: These are works created in the performance of official duties. Copyright in such works belongs to the author, but property rights belong to the employer. The term of copyright is standard, the life of the author plus 70 years.
So, as you can see, there are peculiarities, but they are not so complicated. The main thing is to understand the principles and apply them to a specific situation.
Section 3: What happens after copyright expires?
So we’ve worked out how long copyright lasts. But what happens after that? What happens to a work when the term of its protection expires? Where does it go, so to speak? Let’s break it down.
When copyrightexpires a work enters the public domain. What does that mean? In other words, the work becomes publicly available. Anyone can freely use it, copy it, distribute it, translate it, create new works based on it, all without permission and without paying any remuneration.
Imagine a library that holds all the works whosecopyright has already expired. This is the public domain. A real treasure trove for researchers, publishers, artists! Here you can find classic works of literature, music and painting – and draw inspiration from them without worrying about copyright.
The transition of a work into the public domain is an important stage in the life of any work. It means that it becomes part of the cultural heritage available to everyone. And who knows, it may be your work that will inspire new generations of artists many years from now.
Conclusion
So, to summarise. Copyright deadlines are an important issue for every author. Understanding these terms allows you to effectively protect your works and avoid unpleasant surprises. Remember that copyright lasts for the life of the author and 70 years after the author’s death. There are nuances for joint works and some individual types of works, which we have discussed in this article.
Knowledge is power! And in the field of intellectual property it is especially relevant. Therefore, I recommend you to familiarise yourself with additional materials on this topic. For example, the articles “Copyright: How to protect your works in Ukraine?” and “Types of copyrighted works“. The more you know about your rights, the better you can protect them. And your work is your intellectual property, and it deserves to be well protected.
Does a work need to be registered to obtain a copyright and does registration affect the term of the copyright?
No, registration of a work is not mandatory for obtaining copyright. In Ukraine, as in most countries of the world, copyright arises automatically from the moment of creation of a work. This means that your work is protected by law from the moment of its fixation in any objective form – written, drawn, recorded, etc. You do not need to complete any formalities such as registration or deposit to obtain copyright.
Registration of a work is voluntary and does not affect the term of copyright, which is known to last for the life of the author and 70 years after his death. Registration also does not affect the scope of the author’s rights.
However, registration has certain advantages:
- Simplified proof of authorship: A certificate of registration is an official document that confirms your authorship and the date of creation of your work. It can be an important piece of evidence in the event of an authorship dispute.
- Protection against plagiarism: Registering a work makes information about it publicly available, which can make it more difficult to copy and use illegally. Potential infringers will know that the work is protected and this can deter them from plagiarising.
- Dispute resolution: having a registration certificate can simplify the process of resolving copyright disputes, both out of court and in court.
- Possibility of using the registration certificate as collateral: in some cases, a copyright registration certificate can be used as collateral to obtain a loan.
To summarise: Registration of a work is not a prerequisite for the emergence of copyright and does not affect its validity. However, registration gives the author additional advantages related to proving authorship and protecting the work from infringement. If you plan to use your work for commercial purposes, or if you believe it is of high value and may be subject to plagiarism, we recommend that you consider registering it.
Please note: Copyright registration procedures may vary depending on the type of work and country. For detailed information on copyright registration in Ukraine you can contact the specialists of Polikarpov Law Firm. We provide professional legal advice and assistance in registration of copyrights for various types of works.
If a work is co-authored, how is the term of copyright determined if one of the co-authors dies and the other is still living?
In the case of co-authorship of a work, the term of copyright is determined whether all co-authors are alive or not. As a general rule, copyright in a joint work lasts for the lifetime of all co-authors and 70 years after the death of the last co-author.
This means that even if one of the co-authors dies, the copyright in the work remains in force as long as at least one of the co-authors is alive, and for another 70 years after the death of the last co-author. The period runs from 1 January of the year following the year of death of the last co-author.
It is important to understand: The death of one of the co-authors does not terminate the copyright for the joint work. The rights of a deceased co-author are transferred to his heirs, who together with the other co-authors (if they are alive) will exercise property rights to the work. Non-property rights (the right of authorship, the right to a name, the right to protect the author’s reputation) are non-transferable and non-inheritable, but heirs may protect these rights of the deceased author.
Example:
Two authors co-wrote a play. One of them died in 2010, the other – in 2023. Copyright in the play would continue until 1 January 2104 (70 years after the death of the second co-author in 2023 + 1 year). Until 2024, property rights to the play would be exercised jointly by the living co-author and the heirs of the deceased co-author. After 2024, property rights are exercised only by the heirs of both co-authors.
Nuances of the use of a joint work:
- Indivisibility of rights: Property rights in a joint work belong to the co-authors jointly. This means that none of the co-authors (or their heirs) can independently dispose of the work without the consent of the other right holders. For example, the sale of exclusive rights to a work requires the consent of all co-authors (or their heirs).
- Contract between co-authors: In order to avoid misunderstandings and conflicts, it is recommended that the co-authors conclude a contract that defines the procedure for the use of the work, the distribution of income, the procedure for making decisions on the disposition of the work, and so on.
Conclusion: The death of one of the co-authors does not terminate the copyright in the joint work. The term of copyright is calculated from the death of the last co-author. It is important to remember the indivisibility of property rights to a joint work and the necessity to coordinate actions between all right holders. For detailed advice on co-authorship and copyright protection of joint works, contact the experts of Polikarpov Law Firm. We will help you understand all the nuances and protect your interests.
What is the "public domain" and when does a work pass into it? Can works in the public domain be used for commercial purposes?
The public domain is a set of works for whichcopyright has expired. This means that these works are no longer protected by copyright and can be freely used by anyone without authorisation and without payment of royalties. They become public domain, hence the term.
When does a work enter the public domain?
A work enters the public domain when the copyright expires. This is usually 70 years after the author’s death. For works published anonymously or under a pseudonym, the term is calculated from the moment of publication and is also 70 years. There are also separate rules for audiovisual works and service works, which are described in detail in the Law of Ukraine “On Copyright and Related Rights”. It is important to remember that each case may have its own nuances, so it is recommended to consult specialists to determine the exact term of transfer of a work into the public domain.
Can public domain works be used for commercial purposes?
Yes, public domain works can be freely used for commercial purposes. Since copyright is no longer in force, anyone can copy, distribute, adapt, translate and use these works to create new works, including commercial projects, without having to obtain permission or pay royalties.
Examples of commercial use of public domain works:
- A publisher may publish a book of works by a classic of literature without paying royalties to the heirs.
- A theatre can stage a Shakespeare play without paying royalties.
- An artist can create a new painting based on a public domain work and sell it.
- A company can use music from the public domain in its advertising.
Important:
Although public domain works can be used freely, certain rules should be followed:
- Respect for authorship: Even though the copyright of a work has ended, authorship should be respected and the name of the author of the work should be mentioned when using it. This is an ethical principle that allows you to preserve the memory of the creator of the work.
- Protection against distortion: You may modify and adapt works from the public domain, but you must not distort them in a way that may harm the honour and dignity of the author.
Conclusion:
The public domain is an important resource for society that provides free access to cultural heritage. The use of public domain works for commercial purposes is legal and allows the creation of new products and services based on existing works. If you have any questions regarding the use of public domain works, contact the lawyers of Polikarpov Law Firm for professional advice. We will help you understand all the nuances and avoid potential problems.
If an author has published a work under a pseudonym, how is the term of copyright calculated, and will it change if the author reveals his or her real name?
The publication of a work under a pseudonym does not affect the origin of copyright, which, as we know, arises automatically from the moment the work is created. However, the use of a pseudonym affects the calculation of the term of copyright, as well as some other aspects of legal protection.
How is the copyright term for a work published under a pseudonym calculated?
If the authorship of the work is undisclosed, i.e. the work is published anonymously or under a pseudonym and the author’ s real name remains unknown, copyright is valid for 70 years from the date of lawful publication of the work. Lawful publication in this case means making the work public with the author’s permission (even if under a pseudonym) so that copies of the work are made available to the public. If the work has not been made public, 70 years are counted from the date of creation of the work. The year of death of the actual author does not matter in this case.
What happens if the author reveals his real name?
If the author of a work published under a pseudonym reveals his or her real name, the copyright term changes and begins to run according to the general rule: during the author’s lifetime and 70 years after his or her death.
Important:
- Proof of authorship: If the author decides to reveal his name and move to the general term of copyright, he will need to prove that he is the real author of the work published under a pseudonym. This can be done through a variety of evidence: manuscripts, testimony, correspondence, etc.
- Public Disclosure: The disclosure of a name must be public, i.e., one that is publicly known. For example, the author may officially claim authorship in the media or publish the work under his or her real name.
Example:
A writer published a novel under a pseudonym in 1960. If he does not reveal his real name, the copyright on the novel will last until the end of 2030 (70 years after publication). If, however, the writer publicly claims authorship in 2023, the copyright will be extended until 70 years after his death.
Conclusion:
Using a pseudonym when publishing a work does not deprive the author of his rights, but it does affect the way the copyright term is calculated. Disclosure of the author’s real name changes the term of copyright to a general term. If you have any questions regarding the use of a pseudonym and its impact on copyright, please contact the experts at Polikarpov Law Firm for advice. We will help you understand all legal aspects and protect your rights as an author.
What are some ways to prove the date of creation of a work if it has not been officially registered, and why is this important in determining the duration of copyright?
Proving the date of creation of a work is critical for copyright protection, especially if the work has not been officially registered. The date of creation determines when copyright arises and, in some cases, affects the duration of copyright (e.g., for anonymous and pseudonymous works). If an authorship dispute arises, proving priority of creation – i.e. who created the work first – will be a key argument.
Since registration of a work is not mandatory in Ukraine, authors often do not have an official document that would confirm the date of creation. In such a case, it is possible to prove the date of creation with the help of a combination of evidence, which together may convince a court or other authority.
Ways of proving the date of creation:
- Notarisation: The author may apply to a notary public to certify the date of creation of the work. The notary can certify a copy of the work or a separate document that records the date of creation. This is one of the most reliable ways of proving the date.
- Deposit: Some organisations, such as artists’ unions or specialist agencies, offer a deposit service for works. When depositing, the work is kept by the organisation and the author receives a document confirming the date of deposit.
- Registered letter to self: The author can send himself/herself a registered letter with a description of the work and a copy of it. The date on the postmark will be considered the date the work was created. It is important not to open the envelope to preserve the integrity of the evidence. It should be noted that this method is considered outdated and has limited evidentiary value.
- Witness testimony : Witnesses who can testify that they saw or heard about the work before a certain date can also be used as evidence. Testimony should be clear, specific and convincing.
- Publications and performances: If the work was published in a magazine, newspaper, book, or presented at an exhibition, conference, etc., the date of the publication or performance can be used as evidence of the date of creation. Keep copies of publications or posters.
- Digital evidence: The date the file was created on a computer, the metadata of the file, the history of changes to the file, social media postings with a date can all be used as evidence. It is important to ensure that digital evidence is authentic. Screenshots of a dated screen are not sufficiently reliable evidence as they can easily be faked.
- Photographs and video record ings: Photographs or video recordings of the process of creating the work, the author’s workplace with the work, can be used as supporting evidence.
Why it is important.
The date of creation of a work is the starting point for determining the term of copyright. Without establishing the date of creation, it is impossible to determine precisely when copyright expires and the work enters the public domain. In addition, the date of creation is a key factor in resolving copyright disputes.
Conclusion:
Proving the date of creation of a work can be a complicated process, especially in the absence of official registration. Keep all materials relating to your work and use various methods of fixing the date of creation to maximise your copyright protection. If you have questions or need help proving the date of creation of a work, contact the experts at Polikarpov Law Firm. We provide professional legal services on copyright and intellectual property protection.
