What is copyright and what objects are protected by it?

Do you want to understand what copyright is? It is a set of rights that reliably protects your work from unauthorised use. It is difficult to overestimate the role of copyright in the legal system – it drives the development of science, culture and art. Understanding its essence and limits of protection is crucial for authors, users and businesses. In this article, we take a closer look at the key concepts and objects protected by the law.

Section 1: The concept and essence of copyright

Before talking about which objects are protected by law, it is necessary to clearly define what copyright is in general, on what principles it is based and what place it occupies among other instruments of intellectual property protection.

1.1 Legal definition and basic principles of copyright in Ukraine

According to the Law of Ukraine “On Copyright and Related Rights”, the concept of copyright covers a set of personal non-property and property rights belonging to the author in connection with the creation of a work of science, literature or art. This right is an inalienable attribute of the creator and arises by virtue of the fact of creation of the work.

Among the main principles of copyright in Ukraine are:

• Principle of automatic protection: Copyright arises from the moment of creation of a work in objective form and does not require registration, other special registration or compliance with any formalities for its arising.
• Principle of Independence of Protection: Copyright protection does not depend on the purpose, genre, scope, aim or mode of reproduction of the work.
• Principle of Protection of Form of Expression, Not Ideas: Copyright protects the original form in which ideas, concepts, techniques, etc. are expressed, not the ideas or concepts themselves (more on this in Section 3).
• Principle of combination of personal non-property and property rights: The author has both the right to be recognised as a creator (non-property) and the right to use the work and receive remuneration for it (property).

These principles form the basis of the legal regulation of copyright in Ukraine, protecting the interests of authors and promoting creativity.

1.2 When did copyright arise: is registration necessary?

One of the key points for understanding copyright is the time of its origin. As already mentioned, according to the Ukrainian legislation (which corresponds to the norms of the Berne Convention), copyright arises automatically from the moment of creation of the work. That is, as soon as your idea has acquired an objective form – you have written a text, painted a picture, created a musical melody, written a programme code – you immediately have copyright on this work. For this you do not need registration, any formalities, marks like ©, depositing or other actions.

However, while registration is not mandatory for the origin of a right, it is possible and strongly recommended tocertify it and facilitate protection. The certificate of state registration of copyright issued by UKRNOIVI is an official document confirming your authorship (presumption of authorship) and the date of registration, which is extremely valuable evidence in case of disputes or infringements. Registration makes your rights publicly recognised by the state. Read more about how to register copyright in Ukraine and all the steps of this procedure in our full manual on copyright registration “How to register copyright in Ukraine in 2025: full manual“.

1.3 Relationship of copyright to other types of intellectual property

Copyright is only one facet of the larger world of intellectual property. It is important to understand its differences from other IP objects, as each of them protects different results of human activity and has its own specifics of acquiring and exercising rights.

• Inventions and utility models: These are protected by patent and relate to technical solutions (devices, methods, substances). Inventions must fulfil the criteria of novelty, inventive step and industrial applicability. Protection is granted only after successful examination and state registration of the patent. Copyright, on the other hand, protects the form of expression rather than the technical substance. For example, copyright will protect the text of a description of an invention or a drawing, but not the invention itself.
• Industrial designs: Protected by a patent and relate to the appearance of a product (design). The key criteria are novelty and originality of appearance. Also require state registration. Copyright may protect a design as a work of fine or applied art (e.g. a drawing for fabric or a sketch for furniture), but an industrial design gives the exclusive right to use that design specifically in a product.
• Trade marks: Protected by a certificate and serve to distinguish the goods and services of one person from similar goods and services of others (e.g. brand name, logo). The key criterion is distinctiveness and lack of confusing similarity with previously registered marks. Require state registration. A logo may be subject to copyright as a graphic work, but only registration as a trade mark gives the exclusive right to use it to mark goods/services.
• Trade secret: This is confidential information (technical, organisational, commercial) that has commercial value and for which measures have been taken to protect it. It does not require registration, but protection is based on the confidentiality regime.

The main difference of copyright lies in the object of protection (original works of science, literature, art) and in the moment of origin (automatically). All other listed IP objects require mandatory state registration to acquire legal protection.

Section 2: Detailed list of objects protected by copyright

Ukrainian legislation clearly defines the range of objects covered by copyright. Understanding this list is fundamental for every author and user to know which works have legal protection and for which the author’s rights must be respected.

2.1 General requirements for a work as an object of copyright (originality, objective form)

In order for the results of creative activity to be considered objects of copyright and therefore protected by copyright, they must fulfil two basic requirements: originality and objective form of expression.

• Originality: This criterion means that the work must be the result of the author’s own intellectual activity. It must not be completely copied from another existing work. It is important to realise that originality in copyright law is not equal to novelty in patent law. A work need not be unique in the world or have no analogues. It is enough that it bears the imprint of the author’s personality, was created by his own creative labour, and was not a simple reproduction of something already known. For example, two different photographs of the same object can be original works if they are taken by different authors and have differences in composition, lighting, perspective, etc.
• Objective form of expression: An idea in itself, as long as it exists only in the mind of the author, is not protected by copyright. Only the form in which the idea has been embodied and made available for perception by others is protected. Such a form may be a written text, a drawing on paper, a sound recording, a video recording, a programme code, a sculpture, an architectural structure and the like. The work must be expressed in some material (or digital) form that can be recorded, reproduced, perceived. This may be a manuscript, printed text, audio file, video file, image file, programme source code, musical notation, and the like.

If the result of creativity fulfils these two requirements, it, regardless of its quality, value or purpose, may be considered an object of copyright and subject to legal protection.

2.2 Categories of works subject to legal protection in Ukraine

Ukrainian legislation grants legal protection to a wide range of works, which are the result of human creative activity. The list is not exhaustive, but includes the main categories:

• Literary and written works: This is one of the broadest categories, covering any work expressed in written form. This includes novels, short stories, articles, essays, poetry, dramatic works (plays), scripts, letters (if they are creative), speeches, speeches, lectures. Even texts for websites, advertising slogans (if they are original enough) and other textual content on the Internet can be copyrighted as literary works.
• Scientific works: Monographs, dissertations, dissertation abstracts, scientific articles, research reports, textbooks, manuals, lectures, popular scientific works. Importantly, it is the form of presentation of scientific material that is protected, not the scientific facts, discoveries or theories themselves.
• Computer programmes and databases: Computer programmes are protected as literary works, namely their source code (programme text). Databases (collections of material arranged in such a way that the material can be retrieved by electronic means or otherwise) are protected as collections or as original databases (which protects the selection and arrangement of the material, not its content).
• Musical works: These are works with and without text, including songs, operas, symphonies, instrumental music, and arrangements. The melody, harmony, rhythm and, if any, the lyrics are protected as a separate literary work.
• Works of fine art: Paintings, drawings, watercolours, engravings, lithographs, sculptures, installations, works of arts and crafts, illustrations, sketches, diagrams, charts, plans. Photographs also fall into this category if they are original.
• Works of architecture, urban planning and landscape art: These are projects, drawings, sketches, models, as well as realised constructions, landscape designs of parks and gardens. Both the design documentation and its realisation are protected.
• Audiovisual works: Motion pictures, television films, video films, diafilms, slide films, video clips, animated films. These are complex objects that include image, sound, sometimes text, music.
• Works of arts and crafts, scenography: Works used in industry, crafts or everyday life, such as ceramics, glass, wood, metal, textiles, fashion design, theatre sets and costumes.
• Translations, adaptations, arrangements and other derivative works: These are works that are the result of a revision, adaptation or other modification of an existing work. They are protected as independent objects of copyright, but their creation and use is possible only with the authorisation of the author of the original work. For example, translating a book from one language into another or creating an arrangement of a musical composition.
• Collections of works (encyclopaedias, anthologies, databases) as objects of protection: Collections and other composite works are protected regardless of whether the works included in the collection are protected by copyright or not. It is the creative nature of the selection and arrangement of the material in the collection that is protected.

This detailed list helps to understand the scope of protection afforded by copyright and emphasises that protection extends to a variety of forms of creative expression.

Section 3: Objects not covered by copyright

Despite the broad list of subject matter to be protected, the law clearly defines the categories of materials and ideas that are not covered by copyright. This is done to ensure a balance between the interests of authors and society, to stimulate the free exchange of information and scientific progress.

3.1 Ideas, concepts, discoveries, methods, processes, systems

This is perhaps one of the most important things to understand about copyright: it protects the form of expression, not the content, ideas or concepts. That is, if you have a brilliant idea for a novel, a new concept for a mobile app, you have made a scientific discovery, developed a new teaching method, a business process, or a unique classification system – these ideas, concepts, discoveries, methods, processes, or systems are not themselves copyrightable and are not protected bycopyright.

The reason is simple: ideas are too abstract, and their legal monopolisation would significantly limit the creative and scientific development of society. Imagine if someone could get an exclusive right to the idea “to write a book about love” or “to create a social network”. That would be absurd.

Instead, what is protected is the specific embodiment of those ideas in a particular objective form. Copyright law will protect:

• The text of the novel, expressing the idea of love.
• Software code and interface design of a mobile application that implements the concept.
• Text of a scientific article or monograph describing a discovery or method.
• A diagram, drawing, description of a business process or system.

Thus, you can freely use any ideas, methods or systems, but you cannot copy the original form of their expression created by another author. This principle provides an opportunity to develop existing ideas, embodying them in new, original forms.

3.2 Official documents of state bodies, symbols, signs

To ensure citizens’ access to public information and the functioning of the state, legislation establishes that copyright does not apply to certain types of official documents, symbols and signs. These include:

• Acts of state authorities, local self-government bodies of official nature: laws, resolutions, decrees, decrees, official letters, instructions, orders and the like. These documents are created within the framework of fulfilment of state functions and should be available for free use and dissemination by citizens.
• Drafts of official symbols and signs (flags, coats of arms, anthems, state awards, etc.) approved by state authorities, local self-government bodies: State symbols and officially approved signs themselves are not objects of copyright. This is due to their public, nationwide significance.
• Public monetary signs: Banknotes and coins in circulation are also not protected by copyright. This is obvious since they are a means of payment and their use cannot be restricted by the designer’s copyright.
• Vehicle timetables, television and radio schedules, telephone directories and other similar databases that do not fulfil the criteria of originality: If the database is a simple collection of facts without creative selection or arrangement, it may not be protected by copyright as a distinct subject matter. However, if the compilation of the database required creative labour (for example, an original structure or search system), it may qualify for protection as a composite work.

The use of these official documents, symbols and signs in their official form is free, although there are restrictions on their misuse (e.g. counterfeiting money or using state symbols in a way that defames the state).

3.3 Folk art (folklore) without specific authorship

Folk art or folklore (folk songs, fairy tales, legends, dances, rituals, works of arts and crafts), which has no specific author or group of authors whose names are known, is also not protected by copyright.

This is due to the fact that copyright traditionally belongs to a specific individual – the creator. Folklore is the result of collective creativity of many generations, its origin is often lost in time, it is impossible to identify a specific author or even a group of authors. Therefore, folklore is considered part of the public domain.

It is important to distinguish between folklore itself and derivative works created on its basis. For example, the processing of a folk song, literary adaptation of a folk tale, stage staging of a folk dance, if they are original results of creative activity, can be objects of copyright of their authors (processors, adaptors, staging). However, in order to create such a derivative work (if we are not talking about “pure” folklore, but about a work that has a known author, but has already passed into the public domain by the term of validity of rights), the permission of the right holder of the original may be required (although folklore, by definition, does not have such a right holder).

3.4 News of the day or current events that are in the nature of routine press information

Another category of material that is not covered by copyright is news of the day or current events having the character of ordinary press information. This point is also related to the principle that copyright protects the form of expression, not the facts or information themselves.

Mere reports of facts that have occurred (e.g. “A new bridge opened in city N today”, “The national football team won the match”) are not copyrightable. They are merely statements of fact. Anyone can use this information.

However, journalistic materials that analyse events, contain author’s comments, research, interviews, written in an original style and have a unique structure of presentation are protected by copyright as literary works. That is, you can report a fact about the opening of a bridge, but you cannot copy a journalist’s article about this event if it is of a creative nature.

This exception ensures the free flow of relevant information and news to the public without creating a monopoly on the facts themselves.

Section 4: Rights of the author with respect to objects of protection

Copyright is not only an abstract protection of a work, but also a specific set of rights belonging to its creator. These rights allow the author to control and benefit from the use of his work. Legislation distinguishes two main groups of author’s rights: personal non-property rights and property rights.

4.1 Personal non-property rights

The personal non-property rights of the author are inseparable from his personality. They arise simultaneously with the creation of a work and belong to the author for life. Their main feature is that they cannot be transferred (alienated) to another person. Even if the author has sold his work or transferred all property rights to it, the personal non-property rights remain with him.

The author’s personal non-property rights include:

• The right to recognition of authorship (right to name). This is the author’s right to demand that his or her name (real or pseudonym) appear on his or her work and copies thereof. It is a fundamental right that confirms the author’s connection to his creation. For example, when a book is published, the author’s name must appear on the cover and title page.
• The right to prohibit the mention of his name in public use of the work if he wishes to remain anonymous. This is the author’s right to be anonymous or to use a pseudonym. If the author does not want his name to be associated with the work, he may request that his name not be mentioned or that he use a pseudonym of his choice. For example, a street artist can leave his work anonymous.
• The right to choose a pseudonym: The author has the right to create under an assumed name and to demand that this pseudonym appear on the work instead of his or her real name.
• The right to demand that the integrity of the work be preserved: This is the author’s right to oppose any distortion, mutilation or other alteration of the work, including the title of the work, which may damage the author’s honour and reputation. For example, a publisher may not, without the author’s consent, shorten the text of a novel or change its ending; a director may not radically alter the script of a film without consulting the screenwriter. This right protects the work as an expression of the author’s personality.
• The author has the exclusive right to decide when and in what form his work will be made available to the public for the first time (for example, to publish a book for the first time, to publish an album, to hold an exhibition of paintings).

These rights are moral rights of the author and cannot be subject to transfer contracts; they remain with the author independently of his property rights.

4.2 Property rights

Unlike non-property rights, property rights of the author are related to the possibility of obtaining material benefits from the use of the work. These rights can be transferred (alienated) to another person on the basis of a contract or provided for use under a licence agreement. These rights are the basis for commercialisation of creativity.

The property rights of the author include:

• The right to use the work in any way. This is a broad right that covers all possible ways of exploiting the work. The use of a work shall be deemed to include, inter alia:
  • reproduction (making one or more copies of the work);
  • incorporation of the work as an integral part in another work;
  • sale, alienation by other means, or lending or renting;
  • public performance, public display, public demonstration, public notice;
  • translation of the work;
  • reworking, adaptation, arrangement of the work;
  • communication of the work to the public in such a way that its representatives can access the work from any place and at any time they choose (this applies to posting on the Internet);
  • importation of copies of the work.
• The exclusive right to authorise or prohibit the use of the work by others. This is the main right that gives the author a monopoly over his work. No one may use the work in any of the ways listed above without the express permission of the author (or other owner of property rights), except in cases of free use provided by law. This right is the basis for granting licences.
• Right to receive remuneration (royalty): The author has the right to receive payment for any use of his work by others, unless such use is free or is made free of charge under a contract. The forms and amount of remuneration are determined in the contract (for example, in a licence contract or a contract for the transfer of rights).

It is property rights that are the subject of transfer or licence agreements, allowing the author to benefit economically from his or her work, while personal non-property rights always remain inalienable.

Conclusions

This article has helped to understand what copyright is and which creative outputs are copyrighted. We found out that copyright objects are various original works of science, literature and art expressed in objective form, while ideas, facts or official documents are not protected.

Understanding these boundaries of protection is a first and important step for every author. It is necessary for further actions aimed at effective management, registration or protection of their rights. To learn about cost of copyright registration and how much it costs to register a copyright you can read our article “Cost of copyright registration in Ukraine: current prices“.