Introduction

The creation of any work, whether it is a literary text, music, a work of visual art or a computer program, is the result of your intellectual labour. Copyright registration for a work is an important step to protect your rights as a creator and ensure that your work is properly recognised. In this article, we will look at the main aspects of copyright registration in Ukraine: why it is important, when it is mandatory and how to implement it in practice. 

Section 1: Why register copyright in a work?

You may have heard that copyright in Ukraine arises automatically from the moment a work is created. This is true, but copyright registration provides you with a number of advantages that greatly simplify the protection of your rights and expand the possibilities for commercial use of your creation. In this section, we look at the main reasons why it is worth registering copyright in a work, even if it is not compulsory.

Subsection 1.1: Proof of authorship

In the digital age, where content spreads at the speed of light, copyright protection becomes extremely important. You have created something unique, put your time, energy and talent into it. But how can you prove that you are the author if someone decides to copy your work and pass it off as their own?

That’s where copyright registrationcomes into the arena . A certificate of copyright registration for a work, issued by UKRNOIVI, is your indisputable proof of authorship, your legal shield in the world of content. Imagine that your work is a valuable painting, and the certificate is a certificate of authenticity, confirming its originality and value.

Why is this important? Imagine a situation: you have written a script for a film that a film studio is interested in. But suddenly another person comes along and claims that the script belongs to him. Without a registration certificate, you will have to gather evidence of your authorship – drafts, correspondence, witness statements, which can be a long and not always successful process.

But with a certificate, you can easily and quickly prove your rights in court. The certificate contains all the necessary information: your name, the title of the work, the date of creation. It is an official document that is recognised by the court and has legal force. This is a strong argument in your favour, which significantly increases your chances of success in the event of a dispute.

So, copyright registration is not just a formality. It is an important step that will protect your intellectual property and ensure that your work is properly recognised. Don’t neglect this right – register your work and have peace of mind about its future.

Subsection 1.2: Simplifying the enforcement of rights

Copyright registration not only provides you with indisputable proof of authorship, but also makes it much easier to enforce your rights in court. Imagine that your work is being used illegally. Without registration, it can be extremely difficult to prove infringement and defend your interests. With a registration certificate, you have a powerful legal tool.

How does registration simplify protection?

• Strong legal basis: A copyright registration certificate for a work is an official document that is recognised by a court of law. It clearly establishes your rights and confirms your authorship, providing a solid legal basis for your defence.
• Reduced costs of litigation: With a certificate, you will not have to spend additional money and time on gathering evidence of authorship in court. This can significantly reduce your legal costs and speed up your case.
• Increased chances of success: Having a registration certificate increases your chances of winning your case in court. The court is more likely to side with an author who has officially registered their rights.
• Preventing infringement: The mere fact of registration can have a deterrent effect on potential infringers. They will know that you are serious about protecting your rights and are willing to defend them.

Copyright registration is your legal weapon to help protect your creativity from unlawful use. It not only entitles you to compensation for damages, but also provides the moral satisfaction of knowing that your rights have been properly protected.

Subsection 1.3: Opportunities for commercial exploitation

Copyright registration is as much about protecting as it is about unlocking the commercial potential of your work. It opens the door to opportunities to profit from your work, providing you with a clear legal basis for contracting and remuneration.

How does registration facilitate the commercialisation of works?

• Licensing: A certificate of registration simplifies the process of licensing your work. Potential licensees will be assured of your legal ownership of the work, making negotiations more transparent and efficient. You will be able to receive remuneration (royalties) for each copy sold or use of your work.
• Sale of copyrights: If you want to sell the rights to your work, having a registration certificate will greatly simplify the process. The buyer will be sure of the “cleanliness” of the transaction and the absence of risks associated with the rights of third parties. This will allow you to get the maximum price for your work.
• Contracting: Registration may be a prerequisite for some contracts related to the use of your work, such as contracts for the creation of an audiovisual work based on your script, publishing contracts and the like. Having a registration certificate demonstrates your seriousness and responsibility, which makes you a more attractive partner for co-operation.

Benefits of registration for commercialisation:

• Increased trust of partners: Registration demonstrates your professionalism and interest in protecting your creativity, which increases your credibility as an author and partner.
• Increased profitability: Registration allows you to monetise your work more effectively by being rewarded for its use.
• Increased opportunities: Registration gives you access to a wider range of opportunities to commercialise your work, including licensing, rights sales, and collaboration agreements.

Mandatory registration is not always necessary, but it can make the process of commercialising your work much easier. It makes you more competitive in the business world and helps you maximise the benefits of your work.

Section 2: When is registration mandatory?

Although copyright registration in Ukraine is not mandatory for most types of works, there are cases when it is a prerequisite for protecting your rights and legally using your work. In this section, we will look at situations where copyright registration is mandatory under Ukrainian law.

Subsection 2.1: Computer programmes

In today’s world, where technology plays a key role, copyright for computer programmes is particularly important. Unlike most other types of works, copyright registration is mandatory for computer programmes in Ukraine. This is due to the peculiarities of the digital environment and the need to ensure reliable protection against piracy and illegal copying.

Why is registration mandatory?

• Difficulty in proving authorship: The code of a computer programme can be easily copied and modified, making it difficult to prove authorship without an official document.
• High risk of piracy: Computer programmes are one of the most vulnerable types of works to piracy. Compulsory registration aims to reduce this risk and protect the interests of developers.
• International Standards: Compulsory registration of copyright in computer programmes is a common practice in many countries around the world. This helps to ensure a uniform level of protection and facilitates international co-operation in software development.

Consequences of lack of registration:

• Difficulty in defending rights in court: Without a registration certificate, it will be very difficult to prove authorship of a computer programme.
• Loss of commercialisation opportunities: Registration is a prerequisite for many contracts on the use of computer programs, such as licensing agreements.

If you have developed a computer program, copyright registration is a mandatory step to protect your rights and realise the commercial potential of your work. Don’t neglect this important step – register your programme and ensure that it is properly protected.

Subsection 2.2: Official Registration of Phonograms: Protection of Musical Works

Mandatory registration in Ukraine applies not only to computer programmes, but also to phonograms. A phonogram is any recording of sound, such as a music album, an audiobook, or a concert recording. Phonogramcopyright registration is an important step to protect the rights of both performers and phonogram producers.

Why is registration of phonograms mandatory?

• Protection of performers’ rights: Phonogram registration allows performers (singers, musicians) to protect their rights to perform the work recorded on the phonogram. This ensures that they can control the use of their performance and receive remuneration.
• Protecting the rights of phonogram producers: Registration also protects the rights of phonogram producers (recording studios, labels) who have invested in the creation of the recording. This allows them to control the distribution and copying of the phonogram and to profit from its sale.
• Combating piracy: The music industry is one of the most vulnerable to piracy. Mandatory registration of phonogrammes helps to protect the rights of performers and producers and reduce the level of illegal copying and distribution of music.

Consequences of non-registration:

• Making it more difficult to defend rights in court: Without a registration certificate, it will be much more difficult to prove one’s rights to a phonogram.
• Loss of control over phonogram use: Performers and producers risk losing control over how their phonogram is used, distributed and copied.

Conclusion:

If you are a performer or producer of a phonogram, copyright registration is mandatory to protect your rights and receive remuneration for your creativity. By registering your phonogram, you have legal protection and can effectively fight piracy.

Section 3: How to register copyright on a work?

The process of registering copyright for a work in Ukraine is quite simple and straightforward. It includes several key stages: collecting the necessary documents, submitting an application to UKRNOIVI and obtaining a certificate. In this section, we will examine each stage in detail so that you can easily and quickly register your rights to the work.

Subsection 3.1: Gathering the necessary documents: The first step to registration

Before applying for copyright registration, you need to collect a package of documents that confirm your authorship and contain information about the work. Properly executed documents are the key to successful and fast registration.

Here is the list of documents you will need:

• Application for copyright registration: This is the main document that contains your data as the author (full name, address, contact information), title of the work, type of work and other necessary information. The application form is set by UKRNOIVI and is available on their official website.
• Copy of the work: You need to provide UKRNOIVI with a copy of your work in electronic or printed form, depending on the type of work. The requirements for a copy can also be found on the UKRNOIVI website.
• Document confirming payment of the registration 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 amount of the fee and details for payment can also be found on the UKRNOIVI website.

Detailed information on the list and execution of documents can be found in our article “How to register copyright in Ukraine?“

Important: UKRNOIVI may require additional documents in some cases, such as a power of attorney if you are acting through a representative, or documents confirming your right to inheritance if you are the heir of the author. Therefore, it is recommended to contact UKRNOIVI or an intellectual property specialist to clarify the list of required documents before submitting the application.

Subsection 3.2: Applying to the UKRNIIVI: Steps to obtaining a certificate

Once you have collected all the necessary documents, it’s time to apply for copyright registration with the Ukrainian Institute of Intellectual Property (UKRNIIVI). Fortunately, there are two convenient ways to apply: online and in person.

1. Applying online:

• Advantages: Convenience, speed, saving time and money.
• Procedure:
  1. Register on the official UKRNOIVI website and create a personal account.
  2. Fill in the electronic application form, indicating all the necessary information about yourself and your work.
  3. Upload electronic copies of all required documents.
  4. Pay the state fee online.
  5. Submit your application through your personal account.

2. Submitting an application in person:

• Advantages: Opportunity to receive counselling from UKRNOIVI specialists directly at the time of application.
• Procedure:
  1. Visit the UKRNOIVI office at the address: 1 Glazunova St., Kyiv.
  2. Submit the package of documents to UKRNOIVI staff.
  3. Pay the state fee at the UKRNOIVI cash desk or through a terminal.
  4. Receive a confirmation of acceptance of the application.

Important: Regardless of the chosen method of application, make sure that you receive a confirmation of acceptance from UKRNOIVI. This is important to keep track of the status of your application and certificate.

Subsection 3.3: Waiting for a decision and obtaining a certificate

After submitting your application to UkrNIIVIVI, the application review stage begins, which may take some time. At this stage, UKRNOIVI experts check your application and documents, as well as conduct an examination of the work to ensure that it meets the criteria for protectability.

Application review timeframe:

• Typically, the copyright registration application process takes between 6 and 12 months.
• The timeframe may vary depending on the type of work and the workload of UKRNOIVI.

Tracking the status of your application:

• You can track the status of your application online on the official UKRNOIVI website using the application number you received after submission.

Issuance of the certificate:

• If your application is approved, UKRNOIVI will issue you a certificate of copyright registration. This is an official document that confirms your authorship and gives you exclusive rights to use the work.

Obtaining a certificate:

• You can receive the certificate in person at UKRNOIVI or order its delivery by post.

Important: Keep the copyright registration certificate in a safe place, as it is an important document confirming your rights to the work. In the event of a dispute over authorship or infringement of your rights, the certificate will be strong evidence in your favour.

Conclusions

Copyright registration for a work is an important step for every creator seeking to protect their rights and realise the potential of their work. Although copyright arises automatically from the moment the work is created, registration provides a number of advantages that simplify the protection of your rights and expand the opportunities for commercial exploitation of your creation.

In this article we have reviewed the main aspects of copyright registration in Ukraine:

• Why register: Registration provides indisputable proof of authorship, simplifies the defence of rights in court and opens up opportunities for commercial use of the work.
• When registration is mandatory: Registration is mandatory for computer programmes and phonograms.
• How to register: The registration process includes collecting documents, submitting an application to UKRNOIVI and obtaining a certificate.

Protect your creativity – register copyright for your work. This is an investment in your future as a creator and a guarantee that your work will be properly recognised and protected.