Our company provides legal protection of the results of your creativity by conducting state registration of copyright on literary works, works of art, images and the like.
The company's lawyers will carry out competent registration in Ukraine, Russia, European countries, as well as in the Library of Congress.
When registering the rights to work in Ukraine, our specialists carry out:
- Initial consultation of the Client on the definition of the type of object of intellectual property rights;
- preparation of a package of documents for submission to the State Intellectual Property Service;
- filing an application for copyright registration;
- legal support of the application process by the State Intellectual Property Service;
- obtaining a certificate of registration of copyright for a work.
How to register copyrights in Ukraine?
To register copyright and obtain a certificate, it is necessary to submit to the Ministry of Economic Development and Trade of Ukraine an appropriately compiled set of application materials for registration of your rights. The submitted application is considered for compliance with the established requirements, after which a decision is taken in relation to the registration of copyright.
List of documents required for filing an application for registration of copyright in a work
- A copy of the work in material form (literary work - on paper or electronic media, music - in the form of musical notation, video or sound recording, phonogram, photographs, drawings, maps, plans, etc. - on paper or electronic media, computer programs - in the form of the source text).
- Information about the author or authors of the work in Ukrainian (full name, author / author's address).
- A power of attorney by patent attorneys to represent the applicant's interests in the relevant institutions.
Legal aspects of registration and protection of copyright in Ukraine
The main legislative act of Ukraine with respect to copyright and related rights is the Law of Ukraine "On Copyright and Related Rights".
According to the Law, the following objects of copyright may be:
- literary written works of fictional, journalistic, scientific, technical or other nature (books, pamphlets, articles, etc.);
- speeches, lectures, speeches, sermons and other oral works;
- computer programs;
- Database;
- musical works with text and without text;
- dramatic, musical-dramatic works, pantomimes, choreographic and other works created for the stage show, and their productions;
- audiovisual works;
- works of fine art;
- works of architecture, town planning and landscape art;
- Photographic works, including works performed in ways similar to photography;
- works of applied art;
- illustrations, maps, plans, drawings, sketches, plastic works relating to geography, geology, topography, engineering, architecture and other fields of activity;
- Theatrical processing of works, processing of folklore, suitable for stage display; derivative works;
- collections of works, collections of folklore processing, encyclopedias and anthologies, collections of ordinary data, other compiled works provided that they are the result of creative work;
- texts of translations;
- other works.
According to the Law copyright is protected as published works, and unpublished, completed and unfinished. The copyright to a work arises from the fact of its creation. For the origin and implementation of copyright, registration of a work is not required. Thus, each author, having created a work, automatically acquires ownership rights to it. In addition, in Ukraine, as in other countries, there is a mechanism for registering the author's rights. Registration is handled by a special authorized agency: the State Department of Intellectual Property, which registers the works of authors, issues certificates to them.
It is necessary to distinguish between the author's property and non-property rights.
Non-property rights include:
- the right to demand recognition of one's authorship by properly indicating the author's name on the work and its copies and during any of its public uses;
- the right to prohibit, during the public use of a work, the mention of his name, if he as the author of the work wishes to remain anonymous;
- the right to choose a pseudonym, to require the indication of an alias on the work and its copies and during any of its public use;
- the right to demand the preservation of the integrity of the work and to oppose any distortion, distortion or other alteration of the work, or any other encroachment on a work that may damage the author's honor and reputation.
The property rights include:
- the exclusive right to use the work;
- the exclusive right to authorize or prohibit the use of the work by others.
From the property rights follows the author's right to prohibit their reproduction, public execution, processing, etc. In addition, it is on the basis of property rights that the author has the opportunity to receive remuneration for the use of his work.
The law establishes the period of validity of the author's property rights throughout his life and 70 years after his death (the reward for the use of the work after the death of the author is obtained by his heirs). Non-property rights of the author are protected indefinitely.
Although registered and unregistered works are protected in the same way under the law, registration of the copyright to a work gives an opportunity to obtain a document (certificate) that confirms the ownership of copyright to one or another person.
The certificate is the only convincing means of confirming one's authorship of a work if it is misused by other persons, in court cases, when concluding agreements to receive remuneration for the use of a work, etc.
