Publication date: 08.06.2024
Protection of the rights of authors and performers in Ukraine
Introduction
Protection of authors' and performers' rights is an important component of intellectual property. In Ukraine, this protection is regulated by a set of legislative acts that define the rights and obligations of authors and performers, as well as the mechanisms for protecting their rights. In this article, we will consider the main aspects of legal regulation of the protection of authors' and performers' rights in Ukraine.
Legal framework
The main legal acts regulating the protection of authors' and performers' rights in Ukraine are:
- The Civil Code of Ukraine: Contains general provisions on intellectual property, including copyright and related rights.
- The Law of Ukraine "On Copyright and Related Rights": Defines the rights of authors, performers, phonogram producers and other subjects of copyright and related rights, as well as the mechanisms for their protection.
- The Law of Ukraine "On Cinematography": Regulates issues related to the rights of authors and performers in the film industry.
- International treaties: Ukraine is a party to many international treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and others.
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Rights of authors and performers
Copyright:
- Property rights: The author has the right to use the work (reproduction, distribution, public performance, display, broadcasting, etc.) and to receive remuneration for its use.
- Personal non-property rights: Include the right of authorship, the right to name, the right to inviolability of the work, and other personal rights that cannot be transferred to others.
Related rights:
- Performers' rights: Include the right to fix the performance, the right to reproduce and distribute the performance, and the right to remuneration.
- Rights of phonogram producers: Includes the right to reproduce, distribute, and otherwise use phonograms.
- The rights of broadcasting organizations: Includes the right to record, reproduce and distribute broadcast programs.
Protection of the rights of authors and performers
Administrative protection:
- The State Intellectual Property Service of Ukraine: Responsible for registering copyrights, monitoring compliance with intellectual property legislation and reviewing complaints of rights infringement.
Judicial defense:
- Authors and performers may apply to the court to protect their rights, including claims for damages, compensation, cessation of infringement, and other remedies.
- The courts may apply interim measures to prevent further infringement, including seizure of property and a ban on the use of a work.
Collective management of rights:
- Collective management organizations operate on the basis of permits issued by the State Intellectual Property Service and represent the interests of authors and performers in collecting and distributing remuneration for the use of their works.
