Publication date: 14.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
1. Regulatory base
1.1 Law of Ukraine "On Copyright and Related Rights"
Definition of copyright: The law defines the concept of copyright and the acquisition of its origin, which applies to all types of creativity, including cinema.
Objects of copyright: The law defines that films, like other types of works of art, are subject to copyright protection. prices for lawyer services
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1.2 Criminal Code of Ukraine
Copyright infringement articles: The Criminal Code provides for criminal liability for copyright infringement, including illegal use and distribution of copyrighted materials without the owner's permission.
1.3 Offenses and sanctions
Piracy and Copyright Infringement: Involves the illegal copying, distribution or public display of films without the permission of the copyright holder.
Fines and Imprisonment: Fines and imprisonment are provided for copyright infringement, depending on the circumstances of the case and the damage caused to the copyright holders.
1.4 International agreements
Berne Convention: Ukraine is a member of the Berne Convention on the Protection of Literary and Artistic Works, which establishes international standards for copyright protection.
TRIPS Agreement: Ukraine is a member of the World Trade Organization and is obliged to comply with the rules of the TRIPS Agreement regarding the protection of intellectual property, including the copyright of films.
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in such situations depends on many factors, for example, the degree of piracy.
2. What is piracy and how does Ukrainian legislation respond to such actions
2.1 Definition of piracy
Illegal copying and distribution: This includes illegally downloading, copying or distributing movies without proper permissions from the copyright holders.
Public screening without permission: Organizing a public screening of a film without proper licenses and permits is considered copyright infringement.
2.2 Reaction of Ukrainian legislation
Criminal liability: Ukrainian legislation provides for criminal liability for copyright infringement, including film piracy. Penalties can include fines and imprisonment, depending on the circumstances of the case and the damage caused.
Administrative sanctions: Persons involved in movie piracy may be subject to administrative fines and confiscation of property.
Civil lawsuits: Copyright owners can file civil lawsuits for damages caused by the illegal use of their films.
2.3 International obligations and agreements
Cooperation with other countries: Ukraine cooperates with other countries in the field of fighting film piracy within the framework of international treaties and conventions, in particular the Berne Convention and the TRIPS Agreement.
International human rights mechanisms: Ukraine uses international human rights mechanisms, such as international secret negotiations, to protect copyright and fight piracy at the international level.
3. Protection of rights, if you are suspected of committing such actions
3.1 services of a lawyer in court
Finding an experienced attorney: A person who is served with suspected movie piracy should immediately contact an experienced attorney who specializes in criminal and intellectual property rights.
Consultation and preparation for defense: The lawyer will provide legal advice, explain the client's rights and opportunities, and prepare a defense strategy at the stage of investigation and trial.
3.2 Preservation of evidence
Documentary evidence: The client and his attorney must preserve all possible evidence of his innocence or ignorance of copyright infringement.
Evidence and documents: These can be any documents that confirm the location and activities of the client at the time of the crime, as well as the testimony of persons who can confirm his innocence.
3.3 Representation in court
Participation in the investigation: The lawyer will represent the client's interests during the investigation, providing legal protection, assisting with questioning and documenting answers.
Representation at court: At the stage of the legal process, the lawyer will defend the interests of the client before the court, arguing his innocence and the absence of direct evidence of the commission of a crime.
3.4 Possibility of appeal
Appeal and cassation procedures: In the event of an inappropriate court decision, the client can exercise the right to appeal and cassation, during which the lawyer will continue to protect his rights and interests.
Finding New Evidence: In the event of an appeal, the attorney may continue to seek new evidence or arguments that support the client's innocence. lawyer services online
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