Term of copyright and related rights

It is extremely important for authors and users to understand copyright term and copyright term. These concepts determine how long a work is protected by law and when it enters the public domain. There are also neighbouring rights, which, although related to copyright, have their own characteristics and conditions of protection. In this article, we will take a closer look at the differences between copyright and neighbouring rights and the peculiarities of their functioning.

Section 1: Duration of the author’s property rights

Unlike personal non-property rights, which are lifelong, the author’s property rights are valid for a limited period of time. The definition of this term is extremely important, because it establishes the period when the author (or his legal successors) has the exclusive right to control and benefit from the use of the work. After the expiry of this term, the work passes into the public domain.

1.1 The general rule for determining the term of copyright in Ukraine

In Ukraine, as in most countries of the world that have acceded to international conventions, the general rule for determining the term of validity of copyright is based on the life expectancy of the author. According to Ukrainian legislation, the term of copyright protection for a work is valid for the entire life of the author and 70 years after his death.

This term starts counting from 1 January of the year following the year of the author’s death. For example, if the author died on any day in 2050, his property rights would expire on 31 December 2120. This approach to determining the term of protection is the standard set by international treaties (in particular the Berne Convention), and is intended to ensure a sufficient period of economic benefit for both the author himself and the next two generations of his heirs. This period concerns only property rights; the author’s personal non-property rights, as we mentioned in the previous article, are unlimited in time.

1.2 Peculiarities of determining the term for co-authorship

If a work is created in co-authorship, i.e. two or more individuals who have created the work by their joint creative labour, the rule for determining the term of validity of property rights changes somewhat. In this case, copyright is valid during the lifetime of each of the co-authors, and the 70-year term is counted after the death of the last co-author who survived the others.

For example, if a work has two co-authors, one of whom died in 2040 and the other in 2055, the 70-year term of protection would begin on 1 January 2056 and expire on 31 December 2125. Such a rule is designed to ensure that a work is protected during the lifetime of all its immediate creators and a standard term after the death of the last of them. This applies both to the case when the contribution of co-authors is indivisible and to the case when each co-author has created his own part of the work that can be used separately (for example, music and lyrics of a song), unless otherwise provided by agreement between them.

1.3 Term of copyright for anonymous and pseudonymous works

What about the term of protection if the author’s name remains unknown to the public? For anonymous or pseudonymous works ( when the pseudonym does not allow the author to be identified), the legislation establishes a different rule. Copyright in such works expires 70 years after the work was first lawfully publicised ( i.e. first made available to the public).

For example, if an anonymous article was first published in 2025, the property rights in it will last until 31 December 2095. This rule applies because it is not possible to count back from the death of the author if the author’s name is unknown.

However, if, during this 70-year period, the author of an anonymous or pseudonymous work reveals his identity or his identity is undoubtedly established, the general rule – the term of copyright during the author’s life and 70 years after his death – will apply from then on. The countdown in this case will also begin on 1 January of the year following the year of death.

1.4 Term of validity for works published posthumously

There are cases when a work was not made public during the author’s lifetime, but became available to the public only after his death. For such works, the legislation also provides a special rule for determining the term of protection of property rights.

If a work is first lawfully published after the author’s death, the term of copyright expires 70 years after the date of its publication.

For example, if the manuscript of an author who died in 2050 was first published by his heirs in 2060, the 70-year term of protection would begin on 1 January 2061 and expire on 31 December 2130. This rule protects such works for a significant period after publication, enabling heirs to realise property rights.

1.5 Commencement of the period of validity

In order to avoid confusion, the legislation clearly establishes the rule of starting the countdown of the 70-year term of protection of the author’s property rights. Regardless of the principle on which the term is determined (from the death of the author, the last co-author, or from the date of disclosure of the work), the countdown always starts from 1 January of the year following the year in which the legally significant event occurred ( death of the author/co-author or lawful disclosure of the work).

That is, if the event (death or disclosure) occurred on 15 March 2050, the 70-year term will start counting from 1 January 2051. If the event occurred on 20 December 2050, the term will also start to run from 1 January 2051. This harmonised rule simplifies calculations and makes them more predictable.

Section 2: Transfer of works into the public domain

An author’s property rights do not last forever. After the end of their term of protection, which we have discussed in detail in the previous section, the work passes into a special status that opens up new possibilities for its use by the general public.

2.1 What does “public domain” mean?

When a work is said to have entered the public domain, it means that it is no longer subject to the exclusive right of the author (or his successors and assigns) to control its use. As a rule, a work acquires this status after the expiry of the statutory term of validity of proprietary copyrights. This essentially means that the work becomes available for free use by anyone without the need to obtain permission and pay remuneration to the right holders for uses that previously required permission.

Public domain status can also apply to works that have never been protected by copyright (e.g. ideas, facts, official documents – as we mentioned in the previous article) or works whose protection expired under the laws of the country of origin before they entered the territory of another country. Public domain does not mean that the work has become a “nobody’s property”. It simply belongs to society as a whole, and every member of society has an equal right to use it. It is an important mechanism for preserving cultural heritage and fostering further creativity based on existing works.

2.2 Legal Consequences of the Transfer of a Work into the Public Domain

The main legal consequence of the transfer of a work into the public domain is the possibility of its free use by any person without obtaining the authorisation of the right holder and without payment of remuneration. This means that anyone can:

• Reproduce the work (print new copies of books, copy music recordings, take photographs of paintings).
• Distribute copies of the work.
• Perform publicly (play music at a concert, recite poetry at an evening).
• To show publicly (show films, exhibit paintings).
• Remake, adapt, arrange a work (e.g., write a new screenplay based on a classic novel, create an arrangement of a musical work, make a translation).
• To bring the work to the public (post it on the Internet).

For example, works by Taras Shevchenko, Lesya Ukrainka, classical music by Bach or Mozart, most works of world literature of the 19th century and earlier, photographs taken more than 70 years ago by authors whose term of protection has expired – all these are examples of works in the public domain in Ukraine (subject to the rules for calculating the term for a particular author/work). These works can be freely published, performed, used in new works and the like. It is important to remember, however, that although the work itself is in the public domain, its particular performance or recording may be protected by neighbouring rights (more on this later). Also, the title of a work may be registered as a trade mark, which imposes certain restrictions on its use for commercial purposes.

2.3 Non-property rights of the author after the transfer of the work into the public domain

When a work enters the public domain, the author’sproperty rightscease to apply. This means that no one else has the exclusive right to control the use of the work for economic purposes. However, the author’s personal non-proprietary rights that we mentioned earlier (the right to recognition of authorship, the right to a name, the right to the integrity of the work) remain in force forever and do not pass into the public domain.

This means that even when using a work that is in the public domain, you are obliged to:

• Identify the name of the author ( if known). For example, when publishing a work, it should be stated who the author is.
• Preserve the integrity of the work. While adaptations and revisions of works in the public domain are permitted, any distortion or misrepresentation that may damage the honour and reputation of the deceased author is unacceptable. For example, it is not permissible to publish a work with significant alterations, passing it off as the author’s original, or to use the work in a context that disparages the author’s memory.

Thus, the public domain concerns only the economic aspect of copyright. The moral rights of the author remain inalienable and unlimited in time, emphasising the creator’s eternal connection with his creation.

Section 3: Concept and types of neighbouring rights

In addition to the rights of the creators of original works (authors) themselves, intellectual property law also protects the interests of persons and organisations that make a significant contribution to bringing these works to the general public or to the recording and dissemination of performances or broadcasts. These rights are referred to as neighbouring rights.

3.1 Definition of neighbouring rights and their difference from copyrights

Related rights are rights granted to performers, producers of phonograms (audio recordings), producers of videograms (video recordings) and broadcasting organisations in relation to their performances, phonograms, videograms and broadcast programmes. As the name suggests, these rights are “neighbouring” to copyright, as they often relate to objects containing or connected to copyright objects (e.g. performance of a musical work, recording of a song, broadcasting of a film).

Themain difference between neighbouring rights and copyright is the object of protection and the moment when the rights arise. While copyright protects the original work of science, literature or art created by the author, neighbouring rights protect:

• Performance ( as a creative interpretation of a work or even folklore).
• Phonograms/videograms ( as a technical recording of sounds or images).
• Broadcast programmes ( as the result of organisational and technical activities for the preparation and broadcasting of programmes ).

An example that helps to understand the distinction: a composer who wrote music for a song is an author and has copyright on the musical work. A singer who performs the song at a concert is a performer and has related rights to his or her performance. The record company that recorded the singer’s performance in a studio is the producer of the phonogram and has neighbouring rights to that recording. And the radio station that broadcast the recording of the song on the air is the broadcasting organisation and has related rights to its broadcast. As you can see, copyright and neighbouring rights can coexist in relation to the same object (a song), but belong to different subjects and protect different results of activity (creativity of the composer, skill of the singer, fixation of sound by a company, organisation of broadcasting by a radio station). Related rights are derived from copyright in the sense that their exercise must not infringe the copyright of the work used (for example, a singer cannot perform a song and a radio station cannot broadcast a recording without the authorisation of the author of the music and lyrics, if this is required by law).

3.2 The main subjects of neighbouring rights

The legislation clearly defines the range of persons and organisations that are subjects of neighbouring rights. These include three main categories:

• Performers: These are actors, singers, musicians, dancers, conductors, stage directors and others who, through their creative labour, perform a work of literature, art or folklore. For example, a musician playing a classical sonata on the violin or an actor playing a part in a play. Their right relates specifically to their live performance or its recording.
• Phonogram producers and videogram producers: These are natural or legal persons who have taken the initiative and responsibility for making the first recording of a performance or other sounds (for a phonogram) or the first recording of moving images with or without sound (for a videogram). For example, a recording studio that produced a recording of a music album (phonogram producer) or a film studio that made the first recording of a film (videogram producer). Their right relates directly to the recording itself.
• Broadcasting organisations: These are radio and television organisations that transmit programmes to the public. For example, a television channel broadcasting a news programme or a radio station broadcasting a live concert. Their right relates specifically to their broadcast programmes.

These actors play a key role in bringing works and other content to audiences, and neighbouring rights provide them with legal tools to protect their investment and creativity.

3.3 Rights of each subject of neighbouring rights

Each category of subjects of neighbouring rights has its own set of exclusive rights that allow them to control the use of the objects of their neighbouring rights:

• Performers’ rights:
  • The right to use their performance (e.g. to authorise or prohibit its recording, inclusion in a phonogram/videogram).
  • The right to record his/her performance, which has not been previously recorded.
  • The right to publicly communicate (broadcast) their performance that has not been previously communicated.
  • The right to receive fair remuneration for certain uses of their performance (e.g. for public performance or public communication of phonograms in which their performance is recorded).
• Rights of producers of phonograms and videograms:
  • The right to reproduce their phonogram or videogram.
  • The right to distribute copies of their phonogram or videogram (by sale, lease, etc.).
  • The right to make one’s phonogram or videogram available to the public in such a way that members of the public can access the recording from anywhere and at any time of their choice (e.g. posting on online services).
  • The right to receive fair remuneration for certain uses of phonograms (e.g. public performance or public notice).
• Rights of broadcasting organisations:
  • The right to use their broadcast programmes.
  • The right to fix its broadcast programmes.
  • The right to publicly announce its programmes by retransmission by another broadcasting organisation.
  • The right to publicly display their programmes in places with paid admission.

These rights allow performers, record producers and broadcasters to control how their work is distributed and utilised, ensuring that they can generate income from their activities.

Section 4: Duration of neighbouring rights

Like proprietary copyrights, neighbouring rights are not unlimited in time. They are also valid for a certain period of time, after which the objects of related rights (performances, phonograms, videograms, broadcast programmes) can be used freely (with certain reservations). It is important to be aware of these terms, as they differ from the term of validity of copyright.

4.1 Duration of performers’ rights

Performers’ rights are related to their creative interpretation of a work or folklore. The term of protection of performers’ neighbouring rights lasts for 50 years. As a rule, this term begins to run from the date of the first recording of the performance in a phonogram or videogram. If the performance was not recorded (for example, it was a live performance at a concert that was not recorded), the term of protection of the performer’s rights begins to run from the date of the very first performance.

That is, if a musician first recorded a performance of a work in a studio in 2025, his neighbouring rights to that particular performance recorded in the recording will be valid until the end of 2075. If, on the other hand, it was a unique live performance that was not recorded anywhere, and it occurred in 2025, the rights to that particular performance will also run until the end of 2075. This rule provides legal protection for the performer’s skill and creative interpretation for a significant period.

4.2 Duration of the rights of producers of phonograms/videograms

The rights of producers of phonograms and videograms relate directly to the recordings themselves – the technical fixation of sounds or images. The term of protection of the neighbouring rights of producers of phonograms and videograms is also 50 years. However, the starting point of this term is different from that for performers.

For the producer of a phonogram, the period starts to run from the date of the first publication of the phonogram. Publication is the release of copies of a recording into circulation with the consent of the producer (for example, the release of a music album on CD, vinyl or its availability on streaming platforms). If the phonogram has not been published, the term of protection begins to run from the date of its first fixation.

For the producer of a videogram, the term starts to run from the date of the first publication of the videogram (e.g. release of a film, release on DVD, posting on video services). If the videogram has not been published, the term of protection starts from the date of its first fixation.

For example, if a recording studio first published a music album (phonogram) in 2025, its rights to that phonogram will last until the end of 2075. This rule protects the investment and labour put into making a quality recording.

4.3 Duration of the rights of broadcasting organisations

The rights of broadcasting organisations are related to their activities in preparing and broadcasting programmes. The term of protection of related rights of broadcasting organisations is also 50 years.

This term begins to run from the date of the first public notification of a broadcast programme. Public notice is the first broadcasting of a programme by a radio or television station.

For example, if a television channel first broadcast a particular programme in 2025, its rights to that particular broadcast programme will last until the end of 2075. This right protects the activities of broadcasters in relation to their content and signals.

4.4 Specific features of the commencement of the duration of neighbouring rights

As in the case of copyright, there is a uniform rule for the commencement of the term of protection for neighbouring rights. Regardless of the event that triggers the countdown (first fixation, first performance, first publication or first public notice), the 50-year term of protection starts on 1 January of the year following the year in which the event occurred.

• For performer’s rights: If the first fixation of the performance took place on 10 April 2025, the 50 years start to run from 1 January 2026.
• For the rights of the producer of the phonogram/videogram: If the first publication of the recording took place on 1 December 2025, the 50 years count from 1 January 2026.
• For the rights of the broadcaster: If the first public announcement of the programme took place on 25 June 2025, the 50 years run from 1 January 2026.

This rule is consistent and makes it possible to precisely determine the end date of the term of related rights for each object.

Section 5: Protection of neighbouring rights

Having understood the concept of neighbouring rights, their subjects and duration, the question logically arises: how exactly are these rights acquired and what instruments exist for their protection?

5.1 Emergence of neighbouring rights

An important feature of neighbouring rights, which makes them similar to copyright, is the principle of their origin. Related rights arise automatically by virtue of the fact of performing the relevant activity and do not require any registration, other special registration or observance of formalities for their arising or exercise.

• The right of the performer arises from the first performance of the work or object of folklore or the first recording of the performance in a phonogram or videogram.
• The right of the producer of a phonogram arises from the moment of the first fixation of sounds.
• The right of the producer of a videogram arises from the first recording of moving images (with or without sound).
• The right of the broadcaster arises from the first public announcement of the broadcast programme.

For example, as soon as a musician has performed a work and the performance has been recorded, the musician has the performer’s neighbouring rights to that performance, and the person who made the recording has the rights of the producer of the phonogram. No documents or appeals to state authorities are needed at this stage. This principle of automatic protection greatly simplifies the acquisition of neighbouring rights.

5.2 Opportunities for registration of neighbouring rights

Despite the automatic nature of arising, Ukrainian law may provide for the possibility of state registration of neighbouring rights. Such registration, if available, is not a prerequisite for the creation or exercise of rights, but, as in the case of copyright, may serve as an important tool to confirm the existence of rights and the date of their creation (date of fixation, execution, or first notice).

Registration of neighbouring rights, if carried out, can provide the right holder with additional evidence of his or her rights, which can be useful, for example, when contracting for the use of neighbouring rights or in the event of infringement. Like copyright, state registration of neighbouring rights, if provided for by law, is not mandatory for their occurrence, but may provide additional evidence of their existence. For more information on how to register copyright and the procedure for registration of copyright in Ukraine for works, as well as the general registration and protection of copyright, you can learn in our separate article “How to register copyright in Ukraine in 2025“. Such registration, if carried out, may be certified by an appropriate document. About the document issued during the registration of copyright – copyright certificate – and its meaning of copyright certificate, as well as the procedure for obtaining a certificate of AP, read our article “Copyright certificate: procedure for obtaining and the meaning of the document“. In practice, registration of neighbouring rights in Ukraine is less common than copyright registration, and the procedures may differ depending on the subject matter.

5.3 Related Rights Protection: Commonalities and Differences from Copyright Protection

The protection of neighbouring rights is in many respects similar to that of copyright, but has its own peculiarities related to the nature of the objects of protection. An infringement of neighbouring rights is any use of them without the permission of the right holder, if such permission is required by law (for example, unauthorised copying of a phonogram, public performance of a recording without payment of remuneration, retransmission of a broadcast programme without the permission of the organisation).

General defence:

• Legal basis: The defence is based on the Law of Ukraine “On Copyright and Related Rights”.
• Methods of protection: The same legal tools are used – pre-trial dispute resolution (sending claims, negotiations), judicial defence (filing a lawsuit in court), measures of administrative and criminal liability for infringers.
• Possible claims: A court action may include claims for cessation of the infringement, damages (real losses and lost profits) or compensation, seizure and destruction of infringing copies.

Distinctive in defence:

• Object of defence: In defending neighbouring rights, the right to a particular performance, recording or broadcast programme is proved, not the original work. The evidentiary basis will concern the facts of performance, recording, publication, notification, and not the fact of creation of the work.
• Subjects of defence: The claim is brought by the performer, phonogram/videogram producer or broadcasting organisation, not by the author of the original work (although they may be co-plaintiffs or third parties in cases involving the use of works protected by neighbouring rights).

For example, if your phonogram is illegally posted on the Internet, you, as the producer of the phonogram, have the right to demand its removal and compensation. If someone illegally uses a recording of your performance, you as the performer are entitled to a defence. Although the defence of neighbouring rights is very similar to the defence of copyright, success depends on the correct definition of the infringed right and the proper evidentiary basis for the subject matter of the neighbouring rights.

Conclusions

Over the course of this article, we have looked in detail at what the duration of protection for various intellectual property items is. We have learnt that copyright in a work generally lasts for the life of the author and 70 years after his death, with certain exceptions for co-authored, anonymous/pseudonymous and posthumously published works. At the end of this period, works enter the public domain and become available for free use (while retaining the author’s non-proprietary rights).

We were also introduced to the concept of neighbouring rights, which protect the interests of performers, producers of phonograms/videograms and broadcasting organisations. It is important to realise that the term of protection of neighbouring rights is different from that of copyright and is generally 50 years, counting from the event of fixation, performance, publication or communication.

A clear distinction between copyright and neighbouring rights, as well as knowledge of the specific term of protection for each type of subject matter, is critical. It helps you to use works and related rights lawfully, to conclude correct contracts and to effectively defend your rights in case of infringements.

Let this understanding become your reliable reference point in the world of intellectual property!