10 October, 2024

How to register a copyright in Ukraine?

Insights
8 minutes

Introduction

Have you created something incredible and want to protect your masterpiece? Great! Copyright registration is exactly what you need. It will help you prove your authorship and protect your rights to the work. Don’t worry, it’s not as difficult as it may seem. In this article, we’ll take you step-by-step through how to register copyright in Ukraine so you can sleep easy knowing that your creative achievements are well protected.

Section 1: Why Register Copyright?

You may have heard that copyright in Ukraine arises automatically. And it is true! But then should copyright registration? In this section we look at the benefits of registration and whether it is compulsory. You will learn why registration is an important step to protect your work, even if it is not legally required.

Subsection 1.1: Advantages of registration

Although copyright arises automatically, copyright registration provides you with a number of significant advantages that can be crucial in the event of a dispute or infringement of your rights. That’s why it’s worth considering registration:

  • Irrefutable proof of authorship: A copyright registration certificate serves as official proof of your authorship and the date of creation of the work. This makes it much easier to prove your rights in court and to defend yourself against unlawful claims by third parties. Imagine a situation where someone tries to misappropriate your work. With a certificate of registration, you have an ironclad argument in your favour.
  • Simplified defence of rights: Having a certificate makes it much easier for you to defend your rights in case of infringement. You don’t have to spend time and resources gathering evidence of your authorship – the certificate already contains all the information you need.
  • Increasing the market value of the work: Copyright registration can increase the market value of your work because it gives it official status and confirms your legal ownership of it. This is especially important if you plan to commercialise your work, such as selling the rights or entering into a licensing agreement.
  • Protection against plagiarism: Having a certificate of registration can deter potential plagiarists. They will know that you are serious about protecting your rights and are ready to defend them.
  • International recognition: Copyright registration in Ukraine can be recognised in other countries, making it easier to protect your rights abroad.

So, while registration is not mandatory, it is an important step to protect your creativity and secure your rights as an author. It gives you additional legal tools and peace of mind knowing that your works are well protected. Registering your copyright is an investment in the future of your creativity.

Subsection 1.2: Is registration compulsory?

Many authors hesitate whether they need to register copyright, especially considering that in Ukraine it arises automatically from the moment the work is created. The answer is simple: no, registration is not mandatory from the point of view of the law. Once your work has taken its final form – whether it is a painting, musical work, software code or literary text – it is already protected by copyright. You do not need to take any additional steps to have your rights recognised.

However, while formal registration is not necessary for copyright toarise, it offers many practical advantages that make it much easier to protect your rights in the event of a dispute. Imagine a situation: someone copies your photograph and uses it for commercial purposes without your permission. Without a registered copyright, proving that you are the author of the photo can be difficult and require considerable effort and resources. Having a registration certificate greatly simplifies the process, providing you with indisputable proof of your authorship.

Let’s consider an analogy: you have a car. You can drive it without number plates – technically, the car is yours. But once a dispute arises (accident, theft), it will be much more difficult to prove your ownership. Licence plates (like the registration certificate copyright) are the official proof of your ownership, which makes life easier in case of problems.

So, although you are not required by law to register yourcopyright, it is highly recommended, especially if you plan to use your work commercially or simply want peace of mind that your rights are well protected. Registering yourcopyright is an investment in the security of your creation.

Section 2: Step-by-step instructions for registration

Decided to register your copyright? Great! In this section we will provide you with a clear step-by-step instruction, which will help you to go through this process without unnecessary difficulties. From preparing documents to obtaining a certificate – we will consider all stages of registration copyright in Ukraine.

Subsection 2.1: Preparation of documents

The first step to copyrightregistration in Ukraine is to prepare the necessary documents. Collected and properly executed package of documents will save your time and avoid misunderstandings during the registration process.

Here is the list of documents you will need:

  • Application for copyright registration: This is the main document that contains information about the author, the work and the claimed rights. The application must be filled out clearly and legibly, without mistakes or corrections. The application form is established by UKRNOIVI and is available on their official website.
  • Copy of the work: The application must be accompanied by a copy of the work you wish to register. The form of submission depends on the type of work. For example, a literary work may be submitted in printed or electronic form, while a musical work may be submitted as a musical recording or audio file. More information on the requirements for filing copies of different types of works can be found on the UKRNOIVI website.
  • Document on payment of the state fee: Copyright registration is a paid service. The amount of the fee depends on the type of work and the number of authors. Information on the current amount of the state fee can be found on the UKRNOIVI website.

Additional Documents:

In some cases, additional documents may be required, such as:

  • Power of Attorney: If you are applying through a representative, you will need a notarised power of attorney.
  • Succession documents: If you are the successor of the author, you will need to provide documents confirming your right to the work (e.g. inheritance certificate).

Please note that the requirements to the documents may change, so it is recommended to check the current information on the official UKRNOIVI website or consult an intellectual property specialist before submitting an application. The step-by-step instructions on document preparation will help you avoid unnecessary expenditure of time and money.

Subsection 2.2: Filing an application with UKRNIIVIS

After you have prepared all the necessary documents, the next step is to submit an application to the Ukrainian Institute of Intellectual Property (UKRNIIVIS). There are several ways to submit an application:

  1. In person: You can submit your application in person by visiting UKRNOIVI at the address: Kyiv, Dmytro Godzenko str. (1 Glazunova str.). When submitting the application in person, you will receive a confirmation of its acceptance.
  2. By mail: You can send your application by registered mail with a list of enclosures to UKRNOIVI. In this case the date indicated on the postmark is considered to be the date of application submission.
  3. In electronic form: The most convenient way to submit an application is through the electronic cabinet on the UKRNOIVI website. To do this, you need to register on the website and fill in the electronic application form.

Regardless of the method of submission, make sure that:

  • All documents are filled out correctly and without errors.
  • All necessary documents, including a copy of the work and a document on payment of the state duty, are attached to the application.
  • You have received a confirmation of submission of the application (if submitted in person or electronically).

Once the application has been submitted, UKRNOIVI will proceed with its review. We will discuss the stages of review and the timeframe for issuing the certificate in the next subsection. Please note that the address and contacts of UKRNOIVI may change, so it is recommended to check the current information on the official website.

Subsection 2.3: Review of the application and issuance of the certificate

Once the application is submitted to UKRNOIVI, the application review process begins and consists of several stages:

  1. Formal examination: At this stage, UKRNOIVI checks whether your application meets the formal requirements, whether all documents have been submitted in full and whether the state fee has been paid correctly. If deficiencies are found, you will be given time to rectify them.
  2. Qualification examination (for computer programmes and databases): This stage is carried out only for copyright registration of computer programmes and databases. UKRNOIVI experts check whether the work fulfils the criteria of protectability.
  3. Registration and issuance of a certificate: If the application successfully passes all stages of examination, UKRNOIVI registers the copyright and issues you a certificate. The certificate is an official document that confirms your authorship and secures your rights to the work.

Application processing timeframe:

Application processing times depend on the type of work and the workload of UKRNOIVI. Tentatively, the registration process can take from several months to a year. You can track the status of your application on the UKRNOIVI website.

Obtaining a certificate:

After registration, you will receive a certificate of copyright registration. The certificate can be received in person at UKRNOIVI, sent by mail or received electronically through the electronic cabinet.

Receipt of the certificate is the final stage of the registration process. From this point on, you have an official document that confirms your rights to the work and can be used to protect your interests.

Section 3: Cost and timing of registration

When planning copyright registration, it is important to consider not only the procedure but also the costs and timescales involved. In this section, we will look at the factors that influence the cost and estimated timeframe for the UKRNOIVI application. 

Subsection 3.1: Factors Affecting Cost

The cost of copyright registration in Ukraine is not fixed and depends on several factors. Understanding these factors will help you better plan your budget and avoid surprises.

Factors affecting cost:

  • Type of work: The cost of registration may differ depending on what type of work you are registering (literary, musical, software, etc.). This is due to the different complexity of examination and processing of applications for different types of works.
  • Number of authors: If a work is co-authored, the cost of registration may increase in proportion to the number of authors indicated in the application.
  • Urgency of registration: In some cases, UKRNOIVI may offer an expedited registration service for an additional fee. This may be useful if you need to obtain a certificate within a short time frame.
  • Additional services: The cost may also include additional services such as obtaining an extract from the register, a copy of the certificate, etc.
  • Changes to the application: Making changes to the application after it has been submitted may also require an additional fee.

Where can I find up-to-date information on fees?

Up-to-date information on the amount of the state fee and the cost of other services related to copyright registration, can be found on the official website of UKRNOIVI.

It is advisable to familiarise yourself with this information before filing to avoid unexpected costs and delays in the registration process. Budget planning is an important step copyright registration.

Subsection 3.2: Application Processing Timeframe

The processing time for a copyright registration application UKRNOIVI depends on several factors and may vary. While UKRNOIVI endeavours to process applications as quickly as possible, it is important to be prepared that the process may take some time.

Factors affecting timelines:

  • Type of work: The complexity of the work and the specifics of its examination can affect the review timeline. For example, registration of a computer programme may take longer than registration of a photograph.
  • Quality of submitted documents: Correctly executed application and complete package of documents speed up the review process. Inaccuracies, errors or missing documents may lead to enquiries from UKRNIIWISI and increase the timeframe.
  • Workload at UKRNIWISI: The current number of applications pending at UKRNIWISI may also affect registration timelines.
  • Urgency of registration: If you have opted for expedited processing (if this service is available), the timeframe will be much shorter.

Approximate timelines:

On average, copyright registration in Ukraine takes from a few months to a year. The exact timeline depends on the factors mentioned above. You can track the status of your application on the UKRNOIVI website to keep abreast of the progress of the review.

Recommendations:

  • Prepare your documents thoroughly: A clearly and correctly completed application form and a complete package of documents will help avoid delays.
  • Monitor the status of your application: Regularly check the status of your application on the UKRNOIVI website to respond to any queries.
  • Seek advice: If you have questions about the timing or procedure of registration, seek advice from an intellectual property specialist.

As you plan your registration, consider these factors and be patient. Copyright registration is an important step that requires time and attention.

Conclusion

Copyright registration is an important step to protect your creativity. Although copyright arises automatically, registering with UKRNOIVI provides you with a number of advantages, in particular, it simplifies the process of proving authorship and defending your rights in court. We have looked at step-by-step instructions on how to register, including preparing documents, applying and obtaining a certificate. We also discussed alternative ways of fixing authorship, which can be useful as additional protections.

Remember that your creativity is your valuable asset. Protect it by registering copyright. More information onhow to register copyright can be found in our article “How to register copyright: simple tips“.

Can I register a copyright for a work created in co-authorship?

Yes, it is possible to register copyright for a work created in co-authorship. In this case, the registration is made for all co-authors, and the rights to the work belong to them jointly.

Important!

  • Contract: It is recommended that co-authors enter into a contract that clearly defines the contribution of each of them to the creation of the work, the allocation of rights and obligations, and the procedure for using the work.
  • Application: When applying for copyright registration, all co-authors should be named in the application and a copy of the work should be provided.
  • Certificate: After successful registration, a certificate of copyright registration is issued for all co-authors.

For example:

  • If two people co-wrote a book, they would both be listed as authors on the application for copyright registration.
  • If two people have jointly created a musical work, they will both have the right to use the work.

Note: In the event of a dispute between co-creators over the use of a work, the contract they have entered into will be the key document for resolving the conflict.

What documents are required if a work is co-authored?

If the work is co-authored, you will need to provide the following documents for copyright registration:

  1. Application for copyright registration:
  • The application must include all co-authors of the work, their full names, addresses, and contact information.
  • It is necessary to clearly describe the work, specify the type of work (e.g. literary, musical, artistic, computer programme).
  • It should also be noted that the work is co-authored and each co-author confirms their participation in the creation of the work.
  1. A copy of the work:
  • A copy of the work to be registered must be provided.
  • The format of the copy depends on the type of work. For example, for a literary work it may be an electronic document, and for a musical work it may be an audio recording.
  1. Co-authorship agreement:
  • It is recommended that co-authors enter into a co-authorship agreement that clearly defines the contribution of each of them to the creation of the work, the distribution of rights and obligations, and the manner in which the work will be used.
  • Although the agreement is not mandatory, it will greatly simplify the process of distributing rights and avoiding future disputes.
  1. A document on payment of the state fee:
  • Copyright registration is a paid service and the fee depends on the type of work and the number of authors.

Additional information:

  • Details on the document requirements can be found on the website of the Ukrainian Institute of Intellectual Property (UKRNOIVI).
  • Before submitting an application, it is recommended to contact an intellectual property specialist for counselling.

How do I register a copyright for a work that has already been published?

Registering copyright in a work that has already been published is possible, and it is important to do so in order to protect your rights. The registration procedure is no different from registering an unpublished work.

Here are the steps you need to take:

  1. Gather the necessary documents:
    • Application for copyright registration (with all necessary information about the author and the work).
    • A copy of the work (in the appropriate format).
    • Document of payment of the state fee.
  2. Submit an application:
    • You can submit an application in person to the Ukrainian Institute of Intellectual Property (UKRNIIVISI) or send it by post.
    • The most convenient way is to apply online through the electronic cabinet on the UKRNIIVISI website.
  3. Wait for consideration:
    • Once submitted, UKRNOIVI will review the application within a certain amount of time (timeframe may vary).
  4. Receive a certificate:
    • If the application is approved, UKRNOIVI will issue you a certificate of copyright registration.

Important!

  • Publishing a work does not automatically confer copyright.
  • Registering the copyright in a published work strengthens your legal position and simplifies the process of protecting your rights in the future.

Can I apply for copyright registration online?

Thus, from 2023 it is possible to apply for copyright registration online via an electronic cabinet on the website of the Ukrainian Institute of Intellectual Property (UKRNOIVI).

Advantages of online submission:

  • Convenience: No need to visit UKRNOIVI in person, or send documents by post.
  • Speed: The online application process is much faster.
  • Time and cost savings: You don’t have to spend time and money on document delivery.

How to apply online:

  1. Register online: Create an account on the UKRNOIVI website.
  2. Complete the electronic form: Complete the electronic application form by uploading the required documents (application form, copy of the work, fee payment document).
  3. Receive confirmation: After successful submission, you will receive a confirmation to your email address.

Important:

  • Make sure you have a valid electronic digital signature (EDS) to sign the application.
  • Check the current requirements and instructions on the UKRNOIVI website before submitting.

Conclusion:

Applying online is the most convenient and fastest way to register copyright in Ukraine.

Are there cases where copyright cannot be registered?

Yes, there are cases when copyright cannot be registered. This applies to works that do not meet the requirements of protectability under Ukrainian law.

Works that cannot be registered:

  • Ideas: The law protects the expression of an idea, not the idea itself. For example, you cannot register a copyright for the “idea” of a novel about love.
  • Facts: Facts, scientific theories, discoveries, are also not subject to copyright.
  • Official documents: State acts, laws, court decisions cannot be copyrightable.
  • Works that are not creative: Works that are mere combinations of known elements without original contribution of the author cannot be registered.
  • Works contrary to public order or moral principles: Works, propagandising violence, hatred, discrimination cannot be registered.

Conclusion:

To be sure that your work meets the requirements for protectability, it is advisable to contact an intellectual property specialist for advice before applying for registration.

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