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Publication date: 20.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
In Ukraine, book copyright is regulated by the Law of Ukraine "On Copyright and Related Rights". According to this law, copyright arises automatically from the moment a work is created and does not require registration or other formalities for its acquisition. A book copyright gives the author or authors the right to control the use of their work, such as copying, distribution, adaptation, and performance. Copyright lasts for the life of the author and 70 years after his death. After this period, the work enters the public domain and becomes publicly available.
The legislation of Ukraine provides the authors of works with a wide range of rights to protect their creative work. The main rights of the author of the work in accordance with the Law of Ukraine "On Copyright and Related Rights" include:
Right to authorship: The author has the right to be recognized as the creator of his work and to have appropriate rights to his identification.
Reproduction Right: This right allows the author to control the copying of his work, including printing, publication in any form, and other forms of reproduction.
Right of distribution: The author has the right to control the distribution of his work, including sale, use, rental, public display, etc.
Right of performance and public performance: This right allows the author to control the performance of his work in a public place or through broadcasting, television, radio broadcasting, etc.
The right to adaptation and translation: The author has the right to prohibit or allow the adaptation of his work to other forms, as well as its translation into other languages.
The right to prohibit use without permission: The author has the right to prohibit the use of his work without his consent, except in cases provided by law.
Copyright registration has several advantages, including:
Proof of authorship: A copyright certificate from a government agency can serve as proof of authorship in court cases or in cases of conflicts with the abuse of rights by others.
Increased level of protection: Registration can provide an additional level of copyright protection, as a certificate from a government authority is an official document.
Information database: Registration allows you to enter information about the work in the appropriate database, which may be useful for persons looking for information about authors and their works.
Easier access to enforcement: In some cases, having a copyright certificate can simplify the process of protecting rights and taking enforcement action.
Despite these advantages, it is worth noting that copyright registration is not mandatory for acquiring or securing rights to a work. Ukraine has a system of automatic acquisition of copyright from the moment a work is created. This means that authorship and the author's rights to the book arise immediately when the work is created and recorded in some material form (for example, in written or electronic form).
General copyright registration procedure:
Drafting documents: Collect all necessary materials for copyright registration. This may include the text of the work, information about the author, date of creation, etc.
Filling out the application: Fill out a special application for copyright registration. In this application, you should provide all the necessary information about yourself as the author and about the work.
Submission of documents: Submit the completed application and all necessary documents to the appropriate authority responsible for copyright registration. The Ukrainian body responsible for this is the National Intellectual Property Authority (NIPO).
Waiting for a decision: After submitting the documents and payment, the authorized body reviews the sent documents and makes a decision.
Obtaining a certificate: In case of a positive decision, the author receives a certificate of copyright registration for the work. This certificate confirms the rights to the work and can be used if necessary.
Development of documents by a lawyer in the process of copyright registration:
It is extremely important that the development of the application and all documents development is carried out in accordance with the requirements of the law. The lawyer will ensure the copyright registration process, help in the process of drawing up an application and submitting it to the IPOR. Therefore, the development of an application by a lawyer is a guarantee that the author will receive a positive result and will be able to comprehensively protect his copyright.
