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Copyright & Related Rights
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«APL Patents»,

Lesi Ukrainki Blvd, 24, оffice 39, Kiev, 01133,Ukraine

+38(067) 444-57-82, +38(068) 761-47-47, +38(099) 635-80-40

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Copyright and Related Rights

 

Copyright Holders 

Copyright holders are the authors of the works, their heirs, and persons to whom the authors or their heirs have assigned their proprietary rights.

 

Objects of Copyright

Objects of copyright shall be works in the fields of science, literature and art, i.e.:

written works of a literary, journalistic, scientific, technical or other nature (books, brochures, articles, etc.);

speeches, lectures, addresses, sermons and other oral works;

computer software;

databases;

musical works with or without lyrics;

dramatic, musical drama works, pantomimes, choreographic and other works created for stage presentation, and staging versions thereof;

audiovisual works;

works of fine art;

works of architecture, urban engineering and garden and park landscaping;

photographic works, including works made by methods similar to photography;

works of applied art, including works of decorative weaving, ceramics, carving, casting, art glass, jewelry, etc., if these are not protected by the laws of Ukraine on the legal protection of objects of industrial property;

illustrations, maps, plans, drawings, sketches and plastic works relating to geography, geology, topography, engineering, architecture and other spheres of activity;

stage interpretations of works specified in point (1) of this part, and folklore versions that can be presented on stage;

derivative works;

collections of works, collections of folklore versions, encyclopedias and anthologies, collections of regular data, and other composite works, provided that they are the result of creative work involving the selection, co-ordination or arrangement of the content without prejudice to the copyright covering the integrated works;

texts of translations for dubbing, sound-tracking of and adding Ukrainian and other language subtitles to foreign audiovisual works;

other works.

The legal protection shall be granted to all works both disclosed and undisclosed, finished and unfinished, irrespective of their purpose, genre, volume, or aim (education, information, advertising, propaganda, entertainment, etc.).

The legal protection stipulated by law shall be extended only to the form of expression of a work, and shall not apply to any ideas, theories, principles, methods, procedures, processes, systems, means, concepts or discoveries, even if they are expressed, described, explained or illustrated in a work.

  

Objects Not Covered by Protection

The following items shall not be objects of copyright:

daily news or details of current events that constitute regular press information;

works of folk art (folklore);

official documents of a political, legislative or administrative nature (laws, decrees, resolutions, court awards, State standards, etc.) issued by government authorities within their powers, and official translations thereof;

State symbols of Ukraine, government awards; symbols and signs of government authorities, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations;

bank notes;

transport schedules, TV and radio broadcast schedules, telephone directories and other similar databases that do not meet the originality criteria and to which the sui generis right (a particular or special right) is applicable.

 

Emergence and Exercise of Copyright.

The author of a work shall be the primary holder with whom copyright rests.

Unless proven to the contrary, the person indicated as the author on the original or a copy of a work shall be deemed to be the author (presumption of authorship).

Copyright in a work shall arise by virtue of the work’s creation. No registration of a work or any other special formalization thereof, nor performance of any other formalities, shall be required for the emergence and exercise of copyright.

A copyright holder may, in order to certify his authorship (copyright) with respect to a disclosed or undisclosed work, the fact and date of publication of the work, or to certify contracts relating to the author’s rights in a work, have its copyright registered at any time during the copyright protection term in the appropriate State registers.

The State registration of copyright or of contracts relating to the author’s rights in a work shall be implemented by the Agency in compliance with the procedure approved by the Cabinet of Ministers of Ukraine. The Agency shall draw up and periodically issue catalogs of all State registrations.

The fees prescribed by the Cabinet of Ministers of Ukraine shall be paid for the preparation by the Agency (Ukrainian Agency of Copyright and Related Rights) of the State registration of copyright and the contracts relating to the author’s rights in a work.

The Agency shall issue a certificate concerning the registration of copyright in a work. A State fee shall be paid for the issue of the certificate, and the relevant proceeds shall be transferred to the State budget of Ukraine. The amount of the State duty charged for the issue of the certificate and the relevant payment procedure shall be stipulated by legislation.

Normal registration term - 2-3 months

A person possessing the material object in which a work is embodied (expressed) may not impede copyright registration by the person holding the copyright.

 

Copyright and Ownership Right to the Material Object in which a Work is Embodied

Copyright and ownership right to the material object in which a work is embodied shall not be interdependent. The alienation of the material object in which a work is embodied shall not signify the alienation of copyright and vice versa.

 

Coauthorship

Coauthors are persons whose joint creative effort has resulted in a work being produced.

Copyright on a work created in coauthorship shall be vested in all the coauthors, irrespective of whether the work is a single inseparable item or is composed of parts each having independent significance.

Relations between coauthors shall be defined by agreement between them.

The right to publish or otherwise use a work as a whole shall be vested in all the coauthors.

If a work created in coauthorship is a single inseparable item, no coauthor shall, without sufficient grounds, deny permission to the other authors to publish or otherwise use or alter the work.

 

An Author’s Personal Non-Proprietary Rights

The following personal non-proprietary rights shall be vested in the author:

the right to require recognition of his authorship by properly indicating the author’s name on a work and its copies and during any public use of the work, if practicable;

the right to prohibit the mention of his name during public use of a work, if the author wishes to remain anonymous;

the right to choose a pseudonym, indicating and requiring an indication of a pseudonym instead of the author’s real name on a work and its copies, and during any public use thereof;

the right to require preservation of the integrity of a work, and to counteract any distortion, deformation or other alteration of a work, or any other encroachment thereon that may prejudice the author’s honor and reputation.

The author’s personal non-proprietary rights shall not be assigned (alienated) to other persons.

 

Proprietary Rights of an Author 

The proprietary rights of an author (or other copyright holder) shall include:

the exclusive right to use a work;

the exclusive right to allow or prohibit the use of a work by other persons.

The proprietary rights of an author (or other copyright holder) may be assigned (alienated) to another person, whereupon this person shall become a copyright holder.

An author’s (or other copyright holder’s) exclusive right to use a work shall allow him to use the work in any form and in any manner.

The exclusive right of an author (or other copyright holder) to allow or prohibit the use of a work by other persons shall entitle him to allow or prohibit:

reproduction of works;

public performance and broadcast of works;

public demonstration and public display;

any repeated disclosure of works, if carried out by an organization other than that which carried out the first disclosure;

translations of works;

versions, adaptations, arrangements and other similar alterations to works;

inclusion of works as components in collections, anthologies, encyclopedias, etc.;

distribution of works by first sale or alienation by another method or by transferring for property lease or rental, and by other transfer prior to the first sale of copies of a work;

communication to the public of his works such that its representatives may access the works in any place and at any time of their own choosing;

transfer for property lease and/or commercial rental after the first sale, alienation by another method of the original or copies of audiovisual works, computer software, databases, musical works as sheet music, as well as of works fixed on a phonogram or videogram or in a computer-readable form;

import of copies of works.

This list is not exhaustive.

Authors’ exclusive rights to use works of architecture, urban engineering and garden and park landscaping shall also envisage their right to participate in the implementation of the relevant work projects.

If copies of a lawfully published work are legally placed in public circulation through their first sale in Ukraine, it shall be permissible to bring them repeatedly into circulation through sale, bestowal, etc., without the consent of the author (or other copyright holder) and without payment of the author’s remuneration, except for works of fine art for which retains the resale royalty right. However, in this case the right to transfer for property lease or commercial rental shall be reserved exclusively to the copyright holder.

 

Period of Validity of Copyright

Copyright on a work shall arise as a result of the fact that it is created, and shall be effective from the day on which the work is created.

Copyright shall remain in effect throughout the author’s lifetime and for 70 years after his death, except in the cases stipulated by law.

With respect to works disclosed anonymously or under a pseudonym, the period of validity of copyright shall end 70 years after the disclosure of the work.

Copyright in works created in coauthorship shall remain in effect throughout the coauthors’ lifetimes and for 70 years after the death of the last coauthor.

If a whole work is published (disclosed), not in its entirety, but in consecutive volumes, parts, issues, series, etc., the period of validity of copyright shall be stipulated separately with respect to each published (disclosed) portion of the work.

Copyright in works of posthumously rehabilitated authors shall remain in effect for 70 years after their rehabilitation.

Copyright in a work that was first published within 30 years of the author’s death shall remain in effect for 70 years after the date of lawful publication of the work.

Any person who discloses an undisclosed work for the first time, once the term of protection of copyright in the work has expired, shall enjoy protection equal to the protection of the author’s proprietary rights. The term of protection, in this case, shall be 25 years from the time when the work was first disclosed.

The author’s personal non-proprietary rights shall be protected in perpetuity.

 

Assignment (Alienation) of Proprietary Rights of Copyright Holders 

The author (or other copyright holder) may assign his proprietary rights, as specified in law, to any other person fully or partially. The assignment of the proprietary rights of the author (or other copyright holder) shall be formalized by means of an author’s contract.

The proprietary rights that are assigned under an author’s contract shall be stipulated therein. Proprietary rights not specified in the author’s contract as alienated shall be deemed not to have been assigned.

 

Objects of Related Rights

 

Objects of related rights, irrespective of destination, content, value, or method and form of expression, shall be:

performances of literary, dramatic, musical, musical drama, choreographic, folklore and other works;

phonograms, videograms;

broadcasting organization transmissions (programs).

 

Related Rights Holders

Related rights holders shall be:

performers of works, their heirs, and persons to whom related proprietary rights to performances have been assigned on legal grounds;

producers of phonograms, their heirs (successors), and persons to whom related proprietary rights to phonograms have been assigned on legal grounds;

producers of videograms, their heirs (successors), and persons to whom related proprietary rights to videograms have been assigned on legal grounds;

broadcasting organizations and their successors.

Performers shall exercise their rights subject to their observance of the rights of the authors of the works performed and of other copyright holders. Producers of phonograms and of videograms shall observe the rights of copyright holders and performers. Broadcasting organizations shall observe the rights of copyright holders, performers and producers of phonograms (videograms).

 

Emergence and Exercise of Related Rights

The primary related rights holders shall be the performer, producer of a phonogram, producer of a videogram, and the broadcasting organization.

A related right shall arise by virtue of the performance of a work, the production of a phonogram, production of a videogram, and the disclosure of a broadcasting organization’s transmission.

No formalities will be required for the emergence and exercise of related rights.

 

Period of Validity for Related Rights

Performers’ proprietary rights shall be protected for 50 years from the date of the first recording of a performance.

Performers’ personal non-proprietary rights, as stipulated by law, shall be protected in perpetuity.

The rights of the producers of phonograms and videograms shall be protected for 50 years from the date of first publication of a phonogram (videogram), or from the first sound or video recording thereof, if the phonogram (videogram) was not published within said period.

Broadcasting organizations shall enjoy the rights granted under law for a period of 50 years from the date of the first broadcast of a transmission.

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