How to register a copyright in Ukraine in 2025?

In today’s world, where intellectual property is becoming increasingly valuable, knowing how to properly register copyright for your work in Ukraine is extremely important. Copyright registration in Ukraine in 2025 is not just a formality, but a key step towards reliable protection of your creative achievements.

Copyright protects a variety of copyrighted works, from literary and artistic works to computer programmes. You can find out more about what copyright is and what objects are protected by it in our separate article: What is copyright and what objects are protected by it.

Formal registration can help you both secure copyright in your work, providing strong evidence of your authorship and simplifying procedures for defence in the event of infringement.

Section 1: Basic Concepts and Copyright Legislation

Before diving into the practical steps of copyright clearance, it is extremely important to understand the basic terms and the basis of this branch of law in Ukraine. This will provide a solid foundation for further understanding of the whole process.

1.1 Definition of copyright and its sources in Ukraine

So, what is the concept of copyright? In simple words, copyright what it is It is a set of rights belonging to the author of a work of science, literature or art from the moment of its creation. These rights are divided into personal non-property rights (for example, the right to be recognised as the author) and property rights (the right to use the work, to authorise or prohibit its use by others). It is important to realise that copyright arises automatically by virtue of the fact of creation of a work, without requiring special registration or formalities. However, as we will see below, registration provides the author with significant advantages.

The main source of copyright in Ukraine is the Law of Ukraine “On Copyright and Related Rights”. This law regulates in detail the relations arising in connection with the creation, use and protection of works. In addition, Ukraine is a party to a number of international treaties and conventions in the field of copyright, such as the Berne Convention for the Protection of Literary and Artistic Works, which is also part of the national legislation and applies to legal relations. Also of significance are the Civil Code of Ukraine, other laws and by-laws relating to this area. Understanding these sources will help authors to effectively protect their rights.

1.2 Which works are considered to be objects of copyright under the current legislation

The legislation of Ukraine clearly defines which copyright objects are subject to protection. The main requirement for such work is its originality and objective form of expression. That is, the idea itself is not protected, only its concrete embodiment is protected. The list of copyright objects is quite broad and covers various spheres of creative activity. These include, in particular:

• Literary works: books, brochures, articles, lectures, computer programmes, databases and the like. It can be fiction prose, poetry, scientific works, journalism. For example, a novel you’ve written, a collection of poems, or even a script for a video all fall under this category.
• Musical works: with or without lyrics. This includes songs, symphonies, operas, and instrumental compositions. It is important that both the music itself and the text to it, if it is original, are protected.
• Dramatic, musical-dramatic works and scripts: plays, librettos, film scripts. That is, works intended for stage or screen adaptation.
• Audiovisual works: films, television programmes, video clips, animated films. These are complex objects that may include music, text, images.
• Works of visual art: paintings, sculptures, illustrations, sketches. Anything that has a visual form and is the result of the creative labour of a painter or sculptor.
• Works of architecture, urban planning and garden and park art: projects, drawings, models, finished constructions. It is important that both the project itself and its realisation are protected.
• Photographic works: regardless of the method of photographing. Any original photograph is an object of copyright.
• Works of applied art: handicrafts, ceramics, glass, metal, wood, etc., which have both aesthetic and practical functions.

This list is not exhaustive, and other works that fulfil the criteria of originality and objective form of expression may also be protected by copyright.

1.3 Differences between copyright and neighbouring rights

Very often the concepts of copyright and neighbouring rights are confused or identified, although they are different categories of intellectual property rights. Copyright, as we have already learnt, belongs directly to the author of the original work (writer, artist, composer). But, related rights are rights granted to persons who contribute to bringing works to the general public, but are not themselves the authors of the original work.

Subjects of neighbouring rights include:

• Performers: actors, singers, musicians, dancers and other persons who bring a work to life through their performance (for example, performing a musical work at a concert).
• Producers of phonograms (audio recordings): persons who first recorded the performance of a work or other sounds (e.g., a music label recording an artist’s album).
• Producers of videograms (video recordings): persons who first recorded moving visual images with or without sound.
• Broadcasters: television and radio broadcasters who produce programmes and broadcast them.

For example, imagine a song. The author of the song (composer and poet) has a copyright on the music and lyrics. The singer who performs the song has the performer’s neighbouring right to his/her performance. The record company that made a studio recording of the song has a neighbouring phonogram producer’s right to that recording. And the radio station that broadcasts the song on the air has a related right of the broadcasting organisation to its programme. As you can see, the objects of these rights are different, although they are closely related to the original work. To further understand the differences between these categories of rights and to learn about copyright term, we advise you to read our article“Copyright Term and Related Rights: What’s Worth Knowing”.

Section 2: Step-by-step procedure for state registration of copyright in 2025

Now that we’ve got the basic concepts and legislation sorted out, let’s move on to the most important thing – the practical steps you need to take to formalise and enshrine your copyright through state registration. Although, as we have already mentioned, the right arises from the moment of creation, a certificate of registration is strong evidence and can greatly simplify the protection of your rights in the future.

2.1 State Registration Authority

The central body responsible for the state registration of copyright in Ukraine is the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI), formerly known as Ukrpatent. It is this institution that accepts applications, examines them and issues certificates of copyright registration. UKRNOIVI is a state enterprise belonging to the management of the Ministry of Development of Economy, Trade and Agriculture of Ukraine. Its functions include not only registration of copyright, but also rights to other intellectual property objects, such as inventions, trade marks, industrial designs, etc. Applying to this body is a prerequisite for obtaining an official certificate of state registration of copyright, which is recognised by the state and has the appropriate legal force. The procedure of interaction with UKRNOIVI is clearly regulated by the legislation, and each stage of consideration of your application is carried out in accordance with the established norms and rules.

2.2 List of documents required to apply for registration

To understand how to obtain copyright by registration, it is necessary to carefully prepare a package of documents for submission to UKRNOIVI. This is a key step, because any inaccuracies or lack of required paperwork can lead to a delay or even denial of registration. Usually the standard package of documents includes:

• Application for state registration of copyright for a work. This is an official form, which specifies the data of the author (or applicant, if it is not the author himself), the title of the work, its type, the date of creation and the like. The application must be filled out very carefully, observing all the requirements of the form.
• A copy of the work in an objective form: it may be a printed text of a book, a musical recording of a musical work, a copy of a painting, a recording of audio or video on an electronic medium, the source code of a program on a disc or flash drive, drawings of an architectural project, and the like. It is important to provide the work in a form in which it can be perceived by others. For example, for a computer programme, this would be its code, not just the idea of the programme.
• A document certifying the fact and date of publication of the work (if the work has been published). This may be a copy of the publishing contract, the date of publication, a screenshot of the publication on the Internet with the date, and so on. If the work has not been published, this document is not needed.
• A document on payment of the fee for preparation for state registration. The amount of this fee is set by the legislation and may change, so it is important to check the current amount before paying it. Information about the cost of copyright registration and required payments can be found in our separate article “Cost of copyright registration in Ukraine: current prices”.
• A document on payment of the state fee for the issuance of the certificate. This is a separate payment, which is made after the decision on registration, before the direct receipt of the certificate.
• A power of attorney or other document certifying the authority of a representative (if the documents are submitted through a representative). For example, if you use the services of a law firm for registration.

Collecting a complete and properly executed set of documents is half of the success on the way to obtaining a certificate.

2.3 Document review stages and decision-making timeframes

After submitting a full package of documents to UKRNIIVIVI, the review process begins, which consists of several stages:

• Date of application submission: This is the official date from which the review period begins. It is set after UKERNOIVI has received all the necessary documents and paid the relevant fee.
• Formal examination: At this stage, it is checked whether all the necessary documents are available, whether the application is filled out correctly, and whether the submitted materials comply with the formal requirements of the legislation. UKRNOIVI experts check whether a copy of the work is attached, whether the fee has been paid, whether the applicant’s data are correctly indicated, etc. If deficiencies are found, a request is sent to the applicant with a proposal to eliminate them within a certain period of time (usually 2 months).
• Substantive examination (usually not carried out for copyright): Unlike the registration of inventions or trade marks, there is no examination of the originality or novelty of the work for copyright. Copyright protects the form of expression itself, not the idea. Therefore, this stage for copyright is essentially absent or is reduced to a minimal check of compliance of the work with the categories of copyright objects.
• Decision on registration or refusal of registration. Based on the results of the formal examination, UKRNOIVI makes a decision. If all documents are in order and formal requirements are met, a decision on state registration is made. If there are discrepancies that have not been eliminated within the prescribed period of time, a decision to refuse registration may be taken.
• Entry of information in the State Register: After a favourable decision is made, information about the work and its author is entered in the official State Register of Certificates of Copyright Registration for the work. From this moment the registration is considered to be realised.
• The final stage – after payment of the state fee, the applicant is issued a certificate of state registration of copyright in the work.

Legislation establishes that the time period for considering an application and making a decision (excluding the time required for the applicant to respond to queries) should not exceed one month from the date of submission of the application. However, in practice this period may vary.

2.4 Typical application mistakes and how to avoid them

Unfortunately, despite the relative simplicity of the copyright registration procedure compared to other IP objects, applicants often make mistakes that delay the process or lead to a refusal. Knowing these common mistakes will help you avoid them:

• Filling in the application incorrectly. This is one of the most common mistakes. Incorrectly stated data of the author, mistakes in the title of the work, incorrect indication of the type of work – all this may cause a request from UKRNOIVI. Carefully check each item of the application before submitting it.
• Submitting an incomplete application. Forgot to add a copy of the artwork? Failed to pay the fee? No power of attorney? The application will not be accepted for substantive consideration until all documents have been submitted. Use the checklist for verification.
• Inappropriate form of the copy of the work: The copy of the work must be presented in an objective form that allows the work to be identified. For example, presenting only the title of a song without its lyrics or musical notation is an error.
• Errors in the details of payment of fees and charges. Incorrect account, incorrectly specified purpose of payment – and your payment will not be identified. Check current details on the official website of UKRNOIVI or specify them directly.
• Ignoring UKRNOIVI requests: If the expert receives a request from the expert to clarify information or provide additional documents, be sure to provide a response within the established deadline. Ignoring the request will result in a negative decision.
• Attempting to register an idea rather than its expression. As we have already mentioned, copyright law protects the form. You can’t register an “idea to create a social network”, you can register the code for a particular social networking programme or the design of its interface.

To minimise the risks and how to obtain copyright quickly and without unnecessary hassle, especially if you have no experience of interacting with state authorities, it may be worth contacting specialists. If you do not want to spend time studying all the nuances and want to avoid typical mistakes when making an application, our specialists can help you to formalise copyright efficiently and reliably.

Section 3: Costs and required fees for copyright registration

When deciding to formally register a copyright, authors and copyright owners certainly think about how much it will cost. Understanding the cost structure will help to plan the budget and avoid surprises in the registration process.

3.1 Cost structure: government fees and charges

The main part of the official costs of copyright registration consists of mandatory state fees. The legislation of Ukraine provides for two main types of such payments:

• Fee for preparation for state registration of copyright. This payment is made at the stage of submitting documents to UKRNOIVI. It covers the administrative costs associated with the acceptance, registration and formal examination of your application. The amount of this fee is fixed and depends on whether the applicant is an individual or a legal entity. As of 2025, these amounts may vary slightly for different categories of applicants and types of works, although for most standard cases of registration of literary, scientific or artistic works they are uniform. It is important to pay this fee before or at the same time as filing the application, as the document of payment is a mandatory element of the application package (as we discussed in Section 2). This fee is part of the total cost of copyright registration that you pay to the government for the application process.
• State fee for the issuance of the certificate: This is the second mandatory state payment. It is paid after UKRNOIVI has taken a favourable decision to register your work and enter information about it in the State Register. Payment of the fee is a condition for the direct issuance of a certificate of state registration of copyright to you. The amount of the state copyright registration fee is also set by law and may differ for individuals and legal entities. As in the case with the application fee, before making a payment, it is worth checking the current details and the amount of the fee on the official resources of UKRNOIVI.

These two payments are mandatory official expenses that cannot be avoided if you wish to obtain a certificate of state registration.

3.2 Possible additional costs (legal services, examinations)

In addition to the official government fees and charges, there may be other, additional costs that affect how much it costs to register a copyright in general. These costs are not mandatory and depend on the applicant’s own circumstances and choices. The most common are:

• Cost of legal or consulting services. Many authors and companies prefer to entrust the registration process to specialists – patent attorneys or lawyers specialising in intellectual property. This saves time, avoids mistakes and provides qualified support at all stages. The cost of such services may vary depending on the complexity of the case, the reputation of the company and the scope of work. This is a significant item of possible additional costs, but for many it is justified by the convenience and guarantee of correctness of registration. If you are considering hiring professionals to find out how much it costs to register a turnkey copyright with their help, you can consult our experts.
• Costs of preparing the materials of the work: For example, if your work exists only in electronic form, you may need to print it or record it on a suitable medium for submission to UKRNOIVI.
• If the work or part of the documents is submitted in a foreign language, an official translation into Ukrainian may be required, which also incurs costs.
• Postage or courier services: If you send documents to UKRNOIVI by post or courier service, these will also be additional costs.
• Expertise costs (rare): In exceptional cases, if there are doubts or disputes about the work, special expertise may be required, but this is very rare for the copyright registration procedure.

Thus, the total cost may vary significantly depending on whether you limit yourself to mandatory state fees only, or use additional services.

3.3 Factors affecting the total cost of registration

As we have seen, the price of copyright registration is not absolutely fixed (if all possible costs are taken into account), and several key factors can influence the final amount:

• The status of the applicant: For individuals, government fees and charges are usually lower than for legal entities. This is an incentive for individual authors to formalise their rights.
• Type of work: Although for most types of works the fees are standard, for some specific objects (e.g. topography of integrated circuits, which although they are objects related to copyright, but the registration procedure may be different) other fees may be set. However, for standard literary, artistic, musical works, programmes, photos – the cost is unified.
• Volume and complexity of the work: The volume of the work itself (for example, the number of pages of a book or the length of a music album) does not usually affect the amount of state payments. However, it may affect the cost of preparing a copy of the work or the cost of a representative if the representative charges a fee based on the complexity of the work.
• The need to remedy deficiencies: If deficiencies are identified during the formal examination process and you need the assistance of specialists to prepare a response to the UKRNOIVI request or to finalise the documents, this will also entail additional costs for their services.
• Hiring a representative: Using the services of a patent attorney or a lawyer, as already mentioned, is one of the biggest additional costs. However, it is this factor that most influences the total turnkey cost of copyright registration, while saving the applicant time and nerves.

By understanding these factors, you can more accurately estimate future costs and make an informed decision about the registration procedure and the need for specialists.

Section 4: Copyright Certificate: Meaning and Process of Obtaining it

Having passed the stages of preparation of documents and their consideration in UKRNOIVI, the author or his legal successor receives an official confirmation of state registration of his rights – copyright certificate. This is the final and very important step in the registration process.

4.1 What is a copyright certificate and its legal validity

Copyright certificate is an official document of the state sample, which is issued by UKRNOIVI and certifies the fact of registration of copyright for a particular work in the State Register. It contains key information: data on the author, title of the work, date of creation (if indicated by the author), date of registration and registration number. Although, as we have already said, copyright arises from the moment of creation of the work and does not require registration for its existence, the certificate has an extremely important legal significance.

Its main legal power lies in the fact that it is indisputable proof in official bodies (courts, police, customs) of the fact of registration of copyright on a specific date. This greatly simplifies the process of proving your rights in case of their infringement. Imagine a situation: someone has illegally used your work. Having a certificate immediately confirms that your right to that work was officially registered before a certain date, which is a strong argument against the infringer. The certificate does not create the copyright (it already existed), but it certifies its registration, making it public and officially recognised by the state. Getting a copyright certificate is essentially an official how to get a copyright in the form of a government endorsement. To learn more about this document, its functions and procedure for obtaining a certificate of AP, we advise you to read our article Copyright certificate: procedure for obtaining and the meaning of the document.

4.2 Procedure for issuing the certificate after registration

After UKRNOIVI experts have completed the review of your application and made a favourable decision on the state registration of copyright, the stage of issuing the certificate comes. This procedure for obtaining an AP certificate includes several steps:

1. Receipt of notification of the decision. UKRNOIVI sends an official notification to the applicant that a decision on registration has been made.
2. Payment of the state fee for the issuance of the certificate. As mentioned in Section 3, this is the second mandatory payment. It must be made after receiving notification of a favourable decision. It is important to pay the fee within the established deadline.
3. Submission of the document on payment of the fee: After payment of the fee, a copy or the original of the payment document must be submitted to UKRNOIVI. This is the basis for the preparation and issuance of the certificate.
4. Preparation and issuance of the certificate: After receiving confirmation of payment of the fee, UKRNOIVI prepares the certificate itself. It is a document of the established form with a unique registration number.
5. Issuance of the certificate to the applicant (or his/her representative). The finished certificate can be received in person at the UKRNOIVI office or it can be sent by post to the address specified in the application. If the documents were submitted through a representative (e.g. a law firm), the certificate will be issued to him/her on the basis of a power of attorney.

The time between the decision on registration and the actual issuance of the certificate depends on the speed of payment of the fee by the applicant and UKRNOIVI’s internal processes, but usually takes from a few days to a few weeks after confirmation of payment of the fee.

4.3 Validity of the certificate and conditions for its renewal

Here it is very important to distinguish between the term of validity of copyright as such and the “term of validity” of the certificate itself as a document.

Copyright in Ukraine, as in most countries of the world in accordance with international norms, is valid throughout the life of the author and 70 years after his death. This is the basic principle. For co-authored works, the 70-year period runs from the death of the last co-author who survived the others. For some specific categories of works (e.g. anonymous works or works created under a pseudonym where authorship is undisclosed; or works owned by legal entities – although this provision has its own nuances in modern law), other rules for counting the term may apply, usually 70 years after the first publication of the work. During this long period, the author and his heirs (or legal successors) have exclusive property rights to the work.

But the copyright certificate as a document has no definite validity period in the sense that it does not need to be “renewed” every few years. The certificate certifies the fact of registration, which took place on a certain date. It is valid proof of this registration for the entire term of protection of the copyright in the work established by law. That is, if the copyright in a work is valid for another 50 years, the certificate confirming its registration remains valid as a document certifying this fact.

Thus, it is incorrect to speak of “renewal of the certificate”. It is not the certificate that needs to be renewed or continued, but the copyright protection itself, but the law already provides for its long term of validity after the death of the author, and this term is inherent in the right. No additional action is required to “renew” the copyright protection itself (within the statutory term). To learn more about the nuances of calculating the term of protection and to learn more about neighbouring rights, which have different terms, we recommend reading the article “Term of copyright and neighbouring rights: what you should know“.

Section 5: Specifics of copyright clearance for different types of works

Copyright law protects a very wide range of works – from books and paintings to computer programmes and architectural projects. Despite the fact that the basic procedure of state registration is unified, there are certain peculiarities related to the nature of the object of the right itself. Understanding these nuances will help to prepare the documents correctly and avoid problems when registering a particular type of your work. Taking into account these peculiarities, many authors and companies turn to specialists to correctly register copyright for their particular type of work.

5.1 Registering rights in software and websites

In today’s world, digital works, in particular software and websites, are extremely valuable assets. From a copyright perspective, computer programmes are protected like literary works. This means that it is the copyright on the code (source code of the programme) that is subject to protection, not the idea, algorithms or functions implemented by the programme. When registering software with UKRNOIVI, as a rule, a deposited copy of the source code (its part or full code, depending on the requirements and scope), as well as possibly an abstract, a description of functionality or a user’s manual are submitted.

With respect to websites, copyright in is a more complex issue. A website can be considered as a composite work (compilation) that includes various copyright objects:

• Literary works: texts of articles, descriptions, blogs on the website.
• Computer programme: software code that provides the functionality of the site (front-end and back-end).
• Visual content: photos, illustrations, banners.
• Design: graphical interface, layout, overall visual design.

When registering the copyright of a website, one usually registers it as a composite work or database, submitting materials identifying its content and structure, as well as, optionally, key parts of the programme code and visual elements. The difficulty lies in the need to clearly define the object of registration and to properly prepare the deposited materials representing the various components of the site. It is important for developers and owners of online projects to know the nuances of protecting their digital creations. You can learn more about software code copyright and protection of other online content from the article “Software code copyright and online content: protection for developers“.

5.2 Copyright in musical works and song lyrics

Music is a special form of creativity and its legal protection has its own characteristic features. When it comes to a song, it is important to understand that it consists of at least two copyright objects: music (melody, harmony, rhythm) and lyrics (literary work). Copyright for a song as a complete work may belong to a single author (if he created both music and lyrics) or to co-authors (if one author wrote the music and another wrote the lyrics).

When registering a musical work (with or without lyrics), a musical notation of the work is usually submitted to UKRNOIVI. If there are lyrics, they are also submitted separately or together with the sheet music. For works that do not have sheet music (e.g. some genres of contemporary music), or as supplementary material, an audio recording of the work may be submitted. Music is copyright protected regardless of its genre or style. Registration is desirable, especially if the work has commercial potential and there are plans to publish, perform or transfer rights. It gives authors the confidence to protect their rights against unauthorised use, copying or recycling. Find out all the details about registration of music copyrights and the nuances of their protection by reading our article “Copyright for music and songs: registration, use, protection“.

5.3 Copyrighting visual content: photo, video, design

Visual works play a huge role in the modern world, especially in the Internet, advertising and media. Photo copyright arises from the moment an original photograph is created. Originality may consist in the choice of angle, lighting, composition, processing. A copy of the photograph (e.g., a high-quality printout or digital file on a medium) must be submitted for registration. Importantly, copyright belongs to the photographer, regardless of who owns the camera or on whose order the photo was taken (unless otherwise provided for in the contract).

Copyright on a video clip (audiovisual work) is more complex, as a video clip is a combination of various objects: a script (literary work), musical accompaniment (musical work), the video sequence itself (may contain photographic elements, animation), sound sequence (narrator’s voice, sound effects). The right holders of an audiovisual work are its authors (director-director, scriptwriter, author of a musical work specially created for this audiovisual work, production designer, cameraman-director), as well as the producer (producer) who organised the creation of the work. A copy of the video clip (on an electronic medium) and, if desired, accompanying materials (script, list of authors) are submitted with the registration.

Copyright for the design (graphic design, interface design, fashion design, industrial design, etc.), if it is original, is also protected by copyright as works of fine or applied art. A copy of the design – sketches, layouts, images of the finished product or interface – is submitted for registration. It is important to distinguish between design protection by copyright (which protects the form of expression) and industrial design protection (which protects the appearance of the product and requires examination for novelty and originality). Copyright arises automatically, industrial design only after registration. Registering yourvisual content rights is an effective tool to protect your creative solutions. More details about video copyright, design copyright and photo copyright and the specifics of their registration can be found in our specialised article “Video, design and photo copyright: specifics of registration and protection“.

Section 6: Disposition and Transfer of Proprietary Copyrights

Owning a copyright is not only about protecting yourself from illegal use, but also about legally allowing others to use your work and receiving remuneration for doing so. This section focuses on how exactly you can dispose of your rights and what tools are available to transfer them.

6.1 The rights of the author and the owner of property rights

Copyright law clearly distinguishes between two types of rights belonging to the author: personal non-property rights and property rights. Understanding this distinction is critical in any copyright transaction.

• Personal non-property rights of the author:These rights are not linked to material gain and belong to the author from the moment of creation of the work for life and are inalienable. Even if the author has transferred all property rights to the work to another person, his personal non-property rights remain with him. These include:
  The
  • right to demand recognition of one’s authorship by mentioning the author’s name on the work and its copies (the right to a name);
  • the right to prohibit, during public use of the work, the mention of one’s name if one wishes to remain anonymous (the right to anonymity);
  • the

  right

  • to choose a pseudonym and to request that it be indicated instead of the author’s real name on the work and its copies;
  • the right to demand the preservation of the integrity of the work and to resist any distortion, mutilation or other alteration of the work which may damage the honour and reputation of the author (right to the integrity of the work). These rights are inviolable and cannot be transferred or alienated.
• Property rights of the author: These rights are related to the possibility of obtaining material benefit from the use of the work. Unlike non-property rights, property rights can be transferred (alienated) to another person or authorised for their use on the basis of a contract. The main property rights include:
  • the right to use the work in any way;
  • the exclusive right to authorise or prohibit the use of the work by others. This right allows the author to control who, how and under what conditions can use his work.

The owner of property rights can be either the author himself or another natural or legal person who has obtained these rights under a contract or by inheritance/succession. For example, a publishing house may become the owner of exclusive property rights to a book under a publishing contract, or a film studio may become the owner of rights to a film. It is important to remember that even by transferring property rights, the author retains his personal non-property rights.

6.2 Types of contracts for the transfer of rights: licence agreement and agreement on the transfer of exclusive/non-exclusive rights

In order to perform the transfer of copyright (more precisely, the transfer of property rights or granting permission to use them), legislation provides for the conclusion of written contracts. There are two main types of such contracts:

• Licence agreement. Under this contract, the owner of property rights (licensor) grants another person (licensee) permission to use the work in a certain way, within certain limits and under certain conditions. The licensor retains ownership of the property rights. Licence agreements can be:
  • Exclusive licence: The licensor grants the right to use the work only to one licensee in a certain territory and for a certain period of time. The licensor cannot itself use the work within the limits granted to the licensee and cannot grant licences to others for the same use.
  • Non-exclusive licence: The licensor grants the right to use the work to the licensee, but retains the right to use the work itself and to grant licences to others for the same use.
  • Single licence: Granted to only one licensee, but the licensor retains the right to use the work itself. A licence agreement is a flexible tool that allows the author or right holder to receive income from the use of the work while retaining control over it.
• Contract on transfer (alienation) of property rights of intellectual property. Under this contract, the owner of property rights fully or partially transfers these rights to another person. In fact, it is a contract of purchase and sale of copyright (or part thereof). After the conclusion of such a contract and fulfilment of its conditions, the person who received the rights becomes the new owner of the property rights within the limits defined by the contract. For example, an author may sell exclusive rights to publish his book to a publishing house. In this case, the publisher becomes the owner of these specific rights, and only it can decide on matters related to publication. The contract should clearly define what rights are transferred (e.g., reproduction, distribution, public performance, etc.) and the territory and term for which they are transferred (although often rights are transferred for the entire copyright term and the entire world).

Concluding contracts for the disposal of property rights requires a thorough understanding of the legal intricacies. In order to properly execute a copyright transfer or licence and protect your interests, we recommend seeking professional assistance.

6.3 The question of copyright relinquishment: is it possible in Ukraine?

Sometimes the question arises: is it possible to waive copyright on one’s work? For example, if the author wants to make the work completely free for use by all comers (transfer it to the public domain).

According to the legislation of Ukraine, it is impossible to waive copyright in full, especially personal non-property rights. Personal non-property rights are inalienable and belong to the author for life. The author cannot waive the right to be recognised as the author of the work or the right to its integrity.

As for property rights, they can be transferred (alienated) by contract to another person (as we have considered above). This is not an “abandonment”, it is precisely a transfer of property rights. It is also possible to grant a non-exclusive licence, actually allowing wide use of the work without receiving remuneration, if this is provided for in the agreement (for example, under some Creative Commons free licences, which are, in fact, public licence agreements).

However, to completely “abandon” property rights in the sense of terminating their existence or transferring the work into the public domain at the will of the author before the end of the statutory term of protection – Ukrainian legislation does not expressly provide for such a procedure. Even if the author publicly declares “renunciation”, it does not terminate the copyright to the work. Property rights may pass to the author’s heirs upon his death.

In practice, when people talk about wanting to make a work “free”, they usually mean granting the widest possible non-exclusive licence to an indefinite number of people (for example, publishing under the Creative Commons Zero – CC0 licence, which is as close to the public domain as possible, but is legally a licence). It is important to understand the consequences of relinquishing copyright (if you mean transferring property rights or granting a licence) – you lose control over the use of the work or the right to receive remuneration. You can learn more about the legal aspects and whether it is possible to waive copyright in Ukraine from the article“Copyright Waiver: Is it Possible and What Are the Consequences?“.

Section 7: Copyright Protection and Actions for Infringement

Even with official registration, copyright can be infringed. Knowing what actions can and should be taken in such situations is key to effectively asserting one’s rights and bringing infringers to justice.

7.1 Possible types of copyright infringement (plagiarism, illegal use)

Any use of a work without the author’s (or other copyright holder’s) permission, if such permission is required by law, is considered copyright infringement. There are several main types of such infringements:

• Reproduction of a work This is the creation of copies of a work in any material form (printing a book without permission, copying software code, replicating music discs).
• Distribution of copies of the work Sale, lease or other alienation of copies of the work that were created without the authorisation of the right holder.
• Public demonstration or public display of the work. For example, showing a film in a cinema without a rental certificate and permission of the right holder, displaying photographs at an exhibition without the consent of the photographer.
• Public performance of a work: Performing a musical work at a concert, lecture or poem in public without permission of the author or collective rights management organisation.
• Revising, adapting, arranging and other similar modifications of a work. Creating a derivative work without the authorisation of the original author (e.g. writing a screenplay based on a book, creating a remix of a song, adapting a software program for another platform).
• Making a work available to the public in such a way that members of the public can access the work from anywhere and at any time they choose. It is a typical Internet violation to post a work on a website for downloading or viewing without permission.
• Plagiarism: This is a specific type of infringement, which consists in the publication, distribution or other use of a work (or part thereof) under the name of a person who is not the author of that work. That is, it is attribution of authorship. Plagiarism is a gross violation of both property and personal non-property rights of the author. For example, publishing a book, the text of which is copied in whole or in part from the work of another author, identifying oneself as the author.
• Circumvention of technical means of protection. Overcoming technologies (e.g. DRM systems) designed to prevent unauthorised copying or access to a work.

Any of these actions committed without the proper authorisation of the right holder (unless otherwise provided for by law, e.g. cases of free use) are grounds for defending one’s rights.

7.2 Pre-trial ways of dispute settlement (claims, mediation)

Copyright infringement does not always require immediate recourse to court. Often a dispute can be resolved more quickly and with less expense through pre-trial settlement. This can be:

• Sending a claim (demand). This is the first and very important step. The right holder sends a written claim to the person who violated his rights. The claim clearly states the essence of the infringement (what work, how it is used without authorisation), references to legal norms confirming the applicant’s rights and the fact of infringement, as well as specific demands (to stop use, to withdraw copies, to pay compensation, etc.). The claim shall be sent by registered mail with return receipt requested, in order to have proof of receipt by the addressee. A properly drafted claim often induces the infringer to voluntarily cease unlawful actions, as he understands the seriousness of the right holder’s intentions.
• Negotiations: After or even before the claim is sent, negotiations with the infringer may be attempted. The aim is to reach an agreement to end the infringement and possibly pay compensation without formal litigation.
• Mediation: This is a form of dispute resolution involving a neutral third party, a mediator. The mediator helps the parties to establish communication, identify their interests and find a mutually acceptable solution. Mediation is a confidential and voluntary procedure.

Pre-trial settlement allows you to avoid lengthy litigation, preserve business relationships (if possible) and receive compensation more quickly. If you have discovered an infringement of your rights, the first step is often pre-trial settlement. To competently draft a claim and negotiate, you can contact our lawyers, who will help to effectively protect copyright.

7.3 Judicial defence: filing a lawsuit, evidentiary basis

If pre-trial methods have failed, or if the infringement is serious and requires an official court decision, the right holder has the right to appeal to the court. Judicial defence is the most formal and coercive way of restoring violated rights.

The process of judicial defence includes several stages:

1. Gathering the evidence base: This is probably the most important stage. It is necessary to collect all possible evidence confirming your authorship of the work (especially valuable is the certificate of state registration, if it was carried out), as well as evidence of the fact of infringement (screenshots, photo/video recordings of illegal use, copies of counterfeit products, witness statements, expert opinions, etc.). The more complete and convincing will be your evidence base, the higher the chances of success in court.
2. Preparing and filing a lawsuit: Based on the collected evidence, a statement of claim is prepared. The statement of claim sets out the circumstances of the case, the essence of the infringement, the legal basis for the claims and the specific requirements for the court (for example, to recognise the fact of infringement, to prohibit further use of the work, to recover compensation for damages or in the amount provided for by law). The lawsuit is filed with the appropriate court – it may be a local general court (if the parties are natural persons) or an economic court (if the parties are legal entities or natural persons-entrepreneurs).
3. Trial : The court examines the evidence presented, listens to the parties’ explanations, and may appoint expertises. The trial can be quite lengthy, especially in complex cases.
4. Adoption of a court judgement: Upon consideration of the case, the court makes a decision by which it satisfies the claim in full or in part, or refuses to satisfy it. If the claim is satisfied, the court may order the infringer to stop using the work, withdraw from circulation and destroy counterfeit copies, as well as recover compensation in favour of the right holder. The amount of compensation may be determined as the amount of real losses (lost profits) or in a fixed amount established by law (often from 10 to 50 thousand minimum wages for each infringement).

The process of judicial defence is complex and requires in-depth knowledge of the law and court practice. In order to effectively defend your rights in court, it is worth protecting your copyright with the help of experienced lawyers.

7.4 Peculiarities of copyright protection in the digital age and the Internet

The Internet has created unprecedented opportunities for the distribution of works, but at the same time has made online copyright protectionmuch more complex . The speed of copying, the anonymity of users and the cross-border nature of the network require specific approaches.

• Detecting infringements: The first step is to monitor the internet for illegal use of your content. There are specialised services and tools to search for copies of text, images, videos and music.
• Fixing evidence: Gathering evidence on the Internet has its own peculiarities. It is important to properly record the fact of violation: take screenshots of pages with the date and time, save copies of illegally posted content, fix the URLs of the offending pages. Sometimes it may be necessary to notarise the evidence.
• “Notice and Takedown” procedures: Many platforms (hosting, social networks, video hosting like YouTube) have their own procedures for responding to complaints from rights holders. You can send the administration of the resource a notice of infringement, demanding the removal of illegally posted content (this is similar to the DMCA procedure in the US). This is often quicker than a lawsuit.
• Technical defences: watermarking photos, embedding metadata, using digital rights management systems (DRM) can make illegal copying more difficult, but does not guarantee full protection.
• Legal tools: The use of pre-trial claims and lawsuits is also possible in the digital sphere. Lawsuits can be filed against website owners, hosting providers or even internet service providers if their actions or omissions contributed to the infringement.
• How can I protect the copyright of text on the Internet? In addition to monitoring and legal methods, it is possible to use technical means (e.g. banning copying of text on a website – although this is easily circumvented), as well as publishing the text with a clear indication of authorship and terms of use.
• Combating online plagiarism requires a systematic approach. This includes regular monitoring, the use of uniqueness checking services, and readiness to respond promptly to identified cases – from sending demands to legal action.

Given the speed of content distribution and anonymity on the web, copyright protection on the Internet requires specific knowledge and tools. To effectively combat plagiarism and other online offences, you can get professional help.

Section 8: International Copyright Protection

Creativity has no borders, and works of Ukrainian authors can be popular and used all over the world. However, legal protection of intellectual property, including copyright, has its own international peculiarities. Understanding these peculiarities is key to effectively protecting your rights abroad.

8.1 The territorial principle of copyright

The fundamental principle on which international copyright law is based is the territorial principle. It means that copyright granted by the legislation of a certain country is valid, as a rule, only on the territory of that country. In other words, copyright arising in Ukraine under Ukrainian laws is automatically protected in Ukraine. But in order for a work to be protected in another country (for example, Germany or the USA), it must fall under the laws of that particular country.

Let’s say you have written a book in Ukraine. Your copyright for this book is automatically valid on the territory of Ukraine. But if your book is illegally published in France, your rights will be protected under French law. This territorial principle could create significant difficulties for authors whose works are distributed worldwide, because they would have to study the laws of each individual country. Fortunately, international treaties exist to solve this problem.

8.2 International agreements and conventions (e.g. the Berne Convention)

In order to overcome the limitations of the territorial principle and to ensure copyright protection at the international level, a system of international agreements and conventions has been developed. The most important of them is The Berne Convention for the Protection of Literary and Artistic Works, concluded back in 1886. Ukraine is a party to this convention.

The basic principle of the Berne Convention is the principle of national treatment. It means that each State Party to the Convention grants to nationals of other States Parties and their works the same rights and the same level of protection that it grants to its own nationals and their works. That is, if your work is created in Ukraine (which is a party to the Berne Convention), it automatically receives protection in all the other 180+ member states on the same terms as the works of the national authors of those countries.

Apart from the Berne Convention, there are other important international instruments affecting international copyright law, in particular:

• TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement within the World Trade Organisation (WTO). This agreement sets out the basic standards of IP protection to which WTO member countries must adhere and refers to the main provisions of the Berne Convention.
• The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), which are “internet treaties” and adapt copyright and related rights norms to the digital environment.

Thanks to these agreements, Ukrainian authors receive automatic legal protection for their works in most countries of the world without having to carry out any formalities (e.g. registration) in each individual country.

8.3 How to protect your work abroad: procedure and possibilities for international registration

Based on the national treatment principle of the Berne Convention, there is noformal single international registration of copyright that would grant protection worldwide under one procedure at the same time (like the international systems for trade marks or patents) . Copyright arises automatically from the moment a work is created in a country party to the Convention and, according to the principle of national treatment, extends to other member countries.

So, how to protect copyright abroad? Since protection is granted under the laws of the country where protection is required, the main thing is to be able to prove your authorship in accordance with the requirements of that country. Although copyright registration in Ukraine is not a prerequisite for obtaining protection abroad (thanks to the Berne Convention), it can be a strong proof of the fact and date of creation/registration of the work in case of a dispute in another country. A UKRNOIVI certificate can be an official document that can help confirm your rights.

Practical steps for protecting rights abroad include:

• Clearly indicating copyright information on the work: Using a copyright mark (©), the author’s name and the year of first publication (e.g. © Author’s Name, 2024). While this is not a requirement of the Berne Convention for protection to arise, it is a good practice to inform users of your rights.
• Preserving evidence of creation: Save drafts, files with creation dates, correspondence confirming the process of creation. This evidence may be needed in any country to prove your authorship.
• Use of deposit systems (optional): Some countries have voluntary deposit systems for works (e.g. the US Register of Copyrights). This is not a registration in the Ukrainian sense, but may be additional proof of the existence of the work on a certain date.
• Appealing to local lawyers: In case your rights are infringed in a particular foreign country, you will probably need the assistance of local lawyers who know the specifics of the legislation and judicial practice of that country.

Thus, the main mechanism of copyright protection abroad is based on international conventions and national legislation of the participating countries, rather than on a single international registration. Ukrainian registration can be useful evidence, but is not a prerequisite for protection in other Berne Convention member countries. To get in-depth knowledge and understand all the nuances ofhow to protect your work abroad, we advise you to read our article “International copyright registration: how to protectyour work abroad“.

Conclusions

Here we have gone through all the key stages and aspects related to copyright clearance in Ukraine in 2025. From understanding the basic concepts and legislation to the practical steps of registration, cost, obtaining a certificate and protecting your rights both nationally and internationally.

We have learnt that copyright in your work arises automatically at the moment of its creation. However, as our tutorial has shown in detail, official state copyright registration in Ukraine through UKRNOIVI provides the author or right holder with significant advantages.

• Firstly, the registration certificate is a strong official proof of your authorship and the date on which the right was registered.
• Secondly, its presence greatly simplifies the procedures for the disposal of property rights (for example, the conclusion of licence agreements) and, most importantly, the protection of your rights in the event of their infringement, both in pre-trial proceedings and in court.

The registration procedure requires careful attention to the preparation of documents and knowledge of certain nuances, especially when it comes to specific types of works, such as software or music. Although international protection is based on other principles, Ukrainian registration may be useful along the way.

Do not ignore the opportunity to officially register your copyright. It is an investment in protecting your intellectual property. Collect your documents carefully, research the procedure, or seek help from qualified professionals if you feel the need to do so. Your works are valuable and deserve strong legal protection.