Intro

So you’ve created something cool – you’ve written a song, painted a picture, developed a software programme. Now you want to know how to copyright your work? Great! It’s a lot easier than you think. In this article, we’ll give you some simple but actionable tips to help you protect your creative achievements. No complicated legal terms – just practical advice that you can apply right away.

Section 1: Fixing authorship

The first and most important step in protecting your copyright in a work is to fix authorship. How can you prove that you are the author if there are any misunderstandings? In this section we will look at some simple ways to fix your authorship and the date of creation of the work to protect yourself from possible problems in the future. Copyrighting a work starts with doing just that!

Subsection 1.1: Date of Creation

Fixing the date of creation of your work is one of the most important aspects of copyrightclearance . It can be a decisive factor in case of disputes about authorship. So how to fix the date of creation correctly to make it legally valid?

Here are a few ways:

• Notarisation: You can go to a notary who will certify the date of creation of your work. To do this, you need to provide him/her with a copy of the work. The notary will draw up an appropriate act, which will be a confirmation of the date. This method is quite reliable, but it is also the most expensive.
• Depositing your work: You can deposit your work with a specialised organisation that stores works of authorship. The deposit confirms the date of creation and authorship. (Unfortunately, there is currently no state system of depositing works in Ukraine, so depositing services are mainly provided by private companies. You should carefully check the reputation and reliability of such organisations).
• Recommended letter to self: This method is considered “folk” and does not have the same legal effect as the previous two, but can be used as additional evidence. The idea is to mail yourself a copy of the work. The date on the postmark will be considered the date of creation. Important: Do not open the envelope until you need to prove the date of creation.
• Electronic timestamp registration: There are online services that allow you to register your work and receive an electronic timestamp certificate. This method is convenient and fast, but its legal validity may be limited. (It is worth carefully researching the service you use and checking its reputation.)
• Date publication: If you publish your work, the date of publication can provide evidence of the date of creation.

The choice of how to fix the date of creation depends on your needs and capabilities. Registering copyright correctly means anticipating all possible scenarios and choosing the most secure method of protection.

Subsection 1.2: Author’s Notes

Author’s marks are a simple but effective way to assert your rights to a work and to warn potential infringers. Although they are not required forcopyright , their use demonstrates that you are serious about protecting your work.

Copyright Mark (©):

The most common copyright designation is the copyright protection mark – ©. It consists of the Latin letter “C” in a circle, followed by the author’s name and the year of first publication of the work.

Examples of correct design:

• © Ivan Petrenko, 2023
• © Ivan Petrenko, 2023
• Copyright © 2023 by Ivan Petrenko

Other copyright designations:

In addition to the © mark, you may use other designations that specify your rights and terms of use for the work. For example:

• “All rights reserved”: This phrase emphasises that any use of the work without your permission is an infringement of copyright.
• “May not be copied without the author’s permission”: This mark clearly indicates the restrictions on copying the work.

Where should author’s marks be placed?

Author’s marks should be placed on all copies of the work, both print and electronic. For example:

• Books and articles: On the title page or on the back of the title page.
• Photographs and illustrations: Directly on the image or in its description.
• Websites: At the bottom of the page, under “Copyright”.
• Software: In the licence agreement file or in the software code itself.

Important: Using copyright markings is not a substitute for copyright registration , but it is an additional tool for protecting yourcopyright and informing others of your rights. By clearly labelling your work, you send the message that you are serious about protecting your intellectual property.

Subsection 1.3: Preservation of Drafts and Intermediate Versions

Preserving drafts, sketches, preliminary versions, and other intermediate materials created while working on a work is critical to copyrighting and protecting the work. These materials can serve as strong evidence of your authorship in the event of a dispute.

Why is it important?

Imagine a situation: someone accuses you of plagiarism. How can you prove that it was you who created the work? Drafts and intermediate versions show the process of your work, the evolution of an idea, and the sequence of creation. They are the “fingerprints” of your creative process and help establish authorship.

How to store drafts and intermediate versions:

• Printed materials: Keep all manuscripts, sketches, notes, printouts, and the like. Dating these materials (e.g., putting a date on each page) can be an added plus.
• Electronic files: Save different versions of your files on a regular basis, using a clear naming system that reflects the date of creation and modification (e.g., “Title_production_v1_2023-10-26”). Store your files on secure media and back them up. Cloud services can be a convenient option for storing and synchronising files.
• Photography and video: For some types of works (e.g. sculptures, installations), it may be useful to take photographs or video of the creation process. This will visually capture the stages of your work and provide additional proof of authorship.

Tips

• Organise storage: Create a convenient system for storing drafts and intermediate versions so that you can quickly find what you need when you need it.
• Keep materials for a long time: Copyright lasts for the life of the author and 70 years after his or her death, so it is important to keep evidence of authorship for a long period of time.

By following these simple tips, you will be able to protect your rights and prove your authorship of a work in the event of a dispute.

Section 2: Contracts and licences

When it comes to the use of your work by others, it’s important to have clear agreements. In this section we look at how to use copyright agreements and Creative Commons licences to regulate the use of your work by others. This will help you maintain control of your works and avoid misunderstandings.

Subsection 2.1: Copyright Contract

A copyright contract is a document that governs the relationship between the author of a work and the person who wants to use it. It is an important tool for protecting your rights and receiving remuneration for the use of your work.

When do I need a copyright contract?

A copyright contract is needed in any case of transferring the rights to use a work to another person, such as:

• Publishing a book
• Using photography in an advertising campaign
• Creating a film based on your script
• Placing music on a streaming service

What should a copyright contract contain?

The copyright contract should clearly define:

• Parties to the contract: The names and details of the author and the person who receives the rights to use the work.
• Subject of the contract: Description of the work to which the rights are transferred.
• Uses: A list of the ways in which the work may be used (e.g., printing, distribution, public display).
• Contract Term: The period during which another person has the right to use the work.
• Territory of the contract: Geographical boundaries in which the use of the work is authorised.
• Amount and procedure of remuneration payment: How and when the author will receive remuneration for the use of his work.
• Liability of the parties: What happens if either party breaches the terms of the contract.

Subsection 2.2: Creative Commons licences

Creative Commons (CC) licences are a standard set of licences that allow authors the flexibility to manage their copyright. They allow others to use your works under certain conditions without having to ask you separately for permission.

What is Creative Commons?

Creative Commons is a non-profit organisation that has developed standard licences for copyrighted works. These licences allow authors to retain their copyright while granting others certain rights to use their works.

How do CC licences work?

CC licences are based on a combination of four basic conditions:

• Attribution (BY): Attribution. Anyone who uses your work must credit you as the author.
• NonCommercial (NC): Non-commercial use. The work may only be used for non-commercial purposes.
• NoDerivatives (ND): No derivative works. The work may not be modified or reworked.
• ShareAlike (SA): Distribution under the same terms. If someone modifies or reworks your work, they must distribute the derivative work under the same CC licence terms.

By combining these terms, you can create different types of CC licences, for example:

• CC BY: Any use of the work is permitted, including commercial use, modification and creation of derivative works, provided attribution is given.
• CC BY-NC: Permission is granted for non-commercial use of the work, including commercial use, modification and creation of derivative works, provided attribution is given.
• CC BY-ND: Any use of the work, including commercial use, is permitted, provided attribution is given and the work is not modified.
• CC BY-NC-ND: Only non-commercial use of the work without modification is permitted, provided attribution is given.
• CC BY-SA: Any use of the work, including commercial use, modification and creation of derivative works is permitted, provided that attribution is given and the derivative work is distributed under the same conditions.
• CC BY-NC-SA: Non-commercial use of the work, including commercial use, modification and creation of derivative works, is permitted, provided attribution and distribution of the derivative work under the same conditions.
• CC0: Copyright Waiver. The author fully waives their rights to the work and it may be used by anyone for any purpose.

Using Creative Commons licences is an easy and convenient way to give others access to your work, while retaining control over the terms of use.

Section 3: Online tools for copyright clearance

In the digital age, there are many online tools available that simplify the copyright clearanceprocess . In this section, we look at useful services for depositing works and generating copyright contracts to help you protect your creativity online.

Subsection 3.1: Work Deposit Services

Online escrow services offer a convenient and relatively inexpensive way to record the authorship and date of creation of your work. They allow you to upload a copy of your work to a server where it is stored with a time stamp that serves as proof of your authorship.

Advantages of using escrow services:

• 24/7 accessibility: You can upload your work anytime, from anywhere in the world where you have internet access.
• Speed: The depositing process usually takes only a few minutes.
• Proof of authorship: The service provides you with a time-stamped proof of deposit that can be used in the event of an authorship dispute.
• Secure storage: Your work is stored on secure servers, minimising the risk of losing it.

Examples of popular services:

(Important: Before using any service, please read its terms and conditions and privacy policy carefully. The following services are only examples and their availability and terms may vary).

• Copyrighted.com: A popular international copyright escrow service.
• Safe Creative: Another well-known international service with a variety of pricing plans.
• Myows: A service offering copyright registration and escrow.

How to use escrow services:

In general, the process of depositing a work on most services is as follows:

1. Create an account on the chosen service.
2. Upload a file with your work.
3. Pay the fee (if provided in the fee schedule).
4. Receive a time-stamped proof of deposit.

Important to remember: Depositing a work on an online service is not the equivalent of an official copyright registration with UKRNOIVI. However, it can be a useful additional proof of your authorship, especially for works distributed in digital format. The use of such services is recommended, especially for those who actively publish their works online.

Subsection 3.2: Copyright contract generators

Online copyright contract generators are handy tools that help you quickly create a basic copyright contract for a variety of situations. They offer contract templates that can be customised to your specific needs by filling in the required fields.

Advantages of using copyright contract generators:

• Convenience and speed: You can create a contract in minutes, without wasting time searching for templates and formulating complex legal provisions yourself.
• Simplicity: Most generators have a simple and intuitive interface, making them accessible even to those without a legal background.
• Affordability: Many online copyright contract generators are free or offer affordable pricing plans.

Limitations of author contract generators:

• Standard templates: Generators offer standardised contract templates that may not take into account all the nuances of your specific situation.
• Need for adaptation: Contract templates need to be carefully checked and adapted to your needs. Incorrectly completed or unadapted clauses may lead to undesirable consequences.
• Do not replace legal advice: Copyright contract generators cannot replace full legal advice. In complex cases or significant transactions, it is always advisable to consult an intellectual property specialist.

Online copyright contract generators are useful tools for creating basic contracts, but they cannot replace professional legal advice. Use them with caution, check them carefully and adapt the contract templates to your needs. In case of doubt, consult a lawyer. Remember that a properly drafted author’s contract is the guarantee of successful co-operation and protection of your rights.

Conclusions

Copyrighting your work is not as difficult as it may seem at first glance. By following a few simple tips, you can protect your work and avoid potential problems in the future. Capturing the date of creation, using author’s marks, saving drafts, entering into copyright contracts and using Creative Commons licences are all important steps towards protecting your intellectual property.

Online tools such as work deposit services and copyright contract generators can make this process much easier. However, remember that they are not a substitute for legal advice, especially in complex cases.

If you want to learn more about copyright registration in Ukraine, we recommend reading our article “Copyright registration of a work: why and how to do it?“.