The article mentions copyright registration. Do you have to register each of your works (e.g. each photo or blog post) to protect it, and is there a difference when to do it - before or after publication on the Internet?

Although copyright arises from the creation of the work and registration is not mandatory for it to arise, it greatly strengthens your position in proving authorship, especially in court. It may not be time and cost effective to register every minor work. However, for key, commercially valuable or frequently used works, registration is highly recommended. This can be done either before or after publication. Registering before an offence is detected will give you more advantages, as it will serve as a preventive measure and strong evidence.

The DMCA is mentioned in the article. Is this procedure valid only for American platforms (like YouTube, Google), are there effective analogues or similar mechanisms to remove content from Ukrainian or European resources if the infringer is there?

The DMCA (Digital Millennium Copyright Act) is a US law and its “notice and takedown” procedure is the most standardised and effective for platforms based or with a significant presence in the US. For European resources, there is the EU Directive on Copyright in the Digital Single Market, which also provides mechanisms for dealing with infringement, although procedures may differ. In Ukraine, although there is no direct analogue of the DMCA with the same fast procedure, you can send claims to hosting providers and site administrators, referring to Ukrainian copyright law. Effectiveness depends on the policy of a particular resource and willingness to co-operate.

What if the infringer is anonymous, uses a VPN or is located in a country where copyright protection is virtually non-existent (e.g. some offshore zones)? Is there any point in starting a fight at all?

This really complicates the situation. If the identity of the infringer cannot be established, direct contact with him or her becomes unfeasible. In such cases, the focus is on liaising with the site’s hosting provider, domain name registrar or the administration of the platform where the content is hosted. Even if the offender himself is anonymous, these intermediaries are often obliged to respond to valid complaints. As for countries with weak defences – this greatly reduces the chances of a successful prosecution there. However, if a site is available in Ukraine (or another country where your rights are protected) and causes you harm here, it is possible to consider blocking access to such a resource in your jurisdiction. The point of the fight is there, but the strategy will be different – more aimed at restricting access to content than at punishing a particular offender.

The article mentions compensation. What exactly does its amount depend on in Ukrainian courts for online offences, and does it always cover the costs of lawyers and litigation?

The amount of compensation under the Law of Ukraine “On Copyright and Related Rights” may be determined by the court in the amount from 10 to 50,000 minimum wages in lieu of damages or recovery of income. In determining the specific amount, the court will take into account the nature of the infringement, its scale, duration, the intent of the infringer, the damage caused (including reputational damage), and whether the infringement is one-time or systematic. Whether compensation will cover costs depends on many factors: the complexity of the case, the length of the process, the amount of legal fees and the amount awarded by the court. In some cases, legal costs (including some legal aid costs) may be recovered from the defendant, but not always in full. It is therefore important to weigh up the potential costs against the possible outcome before commencing litigation.

If I knowingly allowed my work to be used for free but with attribution (e.g. under a Creative Commons Attribution licence) and someone used it without attribution or, for example, started selling it (which is prohibited under a Non-Commercial licence). Is this an infringement of my copyright and can I apply the same protection mechanisms as described in the article?

Yes, this is clearly considered infringement. Granting permission to use a work under certain conditions (as in Creative Commons licences) does not constitute a waiver of copyright. If the terms of the licence are violated (no author is indicated, it is used for commercial purposes when it is prohibited, etc.), then such use becomes unlicensed, i.e. it violates your exclusive property rights (the right to reproduce, distribute) and personal non-property rights (the right to a name). Accordingly, you can apply all the same protection mechanisms described in the article: fixing the infringement, sending a complaint to the infringer (with a demand to comply with the licence terms or stop using it), appealing to the administration of the platform or hosting provider, and, if necessary, appealing to the court.

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