Publication date: 09.07.2024
Legal regulation of copyright protection in Ukraine
Introduction
Copyright is an integral part of intellectual property law, which covers the legal protection of works of literature, science, art and other results of creative activity. Copyright protection is an important element of providing incentives for the creation of new works, their use and distribution. The legal regulation of copyright protection in Ukraine is based on international standards and national legislation that ensures legal protection and enforcement of the rights of authors and other copyright holders. In this article, we will review the main principles, regulations and bodies that regulate copyright protection in Ukraine.
Basic principles of copyright protection
The legal regulation of copyright protection in Ukraine is based on several basic principles that ensure effective protection of the rights of authors and other copyright holders:
Theprinciple of automatic protection. Copyright in a work arises automatically from the moment of its creation without the need for registration or other formalities.
Theprinciple of territoriality. Copyright protection is carried out in accordance with the laws of the country in which protection is claimed.
Theprinciple of national treatment. Foreign authors enjoy the same rights on the territory of Ukraine as national authors in accordance with international agreements and national legislation.
Theprinciple of free use of works. The use of works without the author's permission is allowed only in cases stipulated by law, in particular for personal, educational and scientific purposes, as well as in other cases determined by law.
Theprinciple of limited term of protection. Copyrights are protected for a certain period of time, after which the works pass into the public domain and can be freely used by all without restrictions.
Main regulatory acts
The legal regulation of copyright protection in Ukraine is based on a number of regulations, among which the key ones are
TheCivil Code of Ukraine. The Civil Code contains general provisions on copyright, defines the objects of copyright, copyright holders, and the procedure for acquiring, exercising and protecting copyright.
TheLaw of Ukraine "On Copyright and Related Rights". This law establishes the legal and organizational framework for the protection of copyright and related rights in Ukraine, defines the rights of authors and other copyright holders, the procedure for their exercise and protection.
TheLaw of Ukraine "On Cinematography". The law regulates relations in the field of creation, distribution and demonstration of films, including the protection of copyright in cinematographic works.
TheLaw of Ukraine "On Television and Radio Broadcasting". The Law defines the legal basis for the activities of television and radio organizations, including the protection of copyright in television and radio programs.
TheLaw of Ukraine "On Publishing". The Law regulates relations in the field of publishing, including issues of copyright protection for publishing products.
International agreements. Ukraine is a party to a number of international agreements in the field of copyright protection, including the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the WIPO Copyright Treaty and others.
Objects of copyright
The objects of copyright are works of literature, science, art and other results of creative activity, regardless of their purpose, content, scope, purpose and method of expression. The main objects of copyright include:
Literary works. These are books, brochures, articles, scientific works, speeches, lectures, reports and other written and oral works.
Musical works. These are works with or without lyrics, including operas, musicals, symphonies, songs, instrumental compositions, and other musical works.
Dramatic works. These are plays, scripts, pantomimes, and other dramatic works.
Cinematographic works. These are films, television programs, video clips, and other cinematic and audiovisual works.
Photographic works. These are photographs, including both fiction and documentary images.
Works of fine art. These are paintings, sculptures, graphic works, and other works of fine art.
Works ofarchitecture. These are designs of buildings, structures, urban ensembles and other works of architecture.
Computer programs. These are computer programs, including application programs, operating systems, utilities and other programs.
Subjects of copyright
Copyright holders are individuals and legal entities that have rights to works of literature, science, art and other results of creative activity. The main subjects of copyright include:
Authors. These are individuals who created a work by their own creative efforts. Authors have exclusive property and non-property rights to their works.
Authors'heirs. These are persons who receive copyright as a result of inheritance after the author's death.
Authors' successors. These are persons who receive copyright on the basis of a copyright assignment agreement or other transaction.
Legal entities. These are organizations that may be copyright holders in cases provided for by law, in particular if the work was created in the course of an official task or order.
Rights of authors and other copyright holders
Copyright is divided into property and non-property rights. The main rights of authors and other copyright holders include:
Non-property rights
The right ofauthorship. This is the right to be recognized as the author of a work and to demand that this right be recognized by other persons.
Theright to name. This is the right to use or authorize the use of one's name or pseudonym in connection with a work.
The right to theinviolability of the work. This is the right to prevent any distortion, misrepresentation or other alteration of the work that may harm the author's honor and reputation.
Property rights
Theright to use the work. This is the right to authorize or prohibit the use of the work in any form and by any means, including reproduction, distribution, public performance, public display, broadcasting, cable retransmission, and other means of use.
Theright to remuneration. This is the right to receive remuneration for the use of a work by other persons.
The right to transferrights. This is the right to transfer property rights to a work to other persons on the basis of a contract or other transaction.
Protection of copyright
Copyright is protected through various legal mechanisms that ensure proper enforcement of copyright law. The main methods of copyright protection include:
Administrative protection. It is carried out by applying to the state authorities, in particular to the Ukrainian Parliament Commissioner for Human Rights or the National Agency of Ukraine on Copyright and Related Rights.
Civil remedies. This includes filing lawsuits for recognition of rights, compensation for damages, recovery of compensation for copyright infringement, cessation of infringing actions, and other claims.
Criminal defense. Certain types of copyright infringement, in particular, unlawful reproduction, distribution, and public performance of works, are subject to criminal liability.
Administrative sanctions. Administrative fines and other sanctions may be imposed for copyright infringement in accordance with Ukrainian law.
Conclusion.
The legal regulation of copyright protection in Ukraine is an important tool for ensuring the protection of the rights of authors and other copyright holders, stimulating creative activity and disseminating intellectual property. It includes the regulatory framework, activities of state regulatory and supervisory authorities, rights of authors and other copyright holders, as well as copyright enforcement mechanisms. Effective legal regulation contributes to the development of culture, science and art, raising the level of respect for intellectual property and ensuring a stable legal environment in Ukraine.
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