Copyrights Law in Ukraine
Certainly! Here's a detailed overview of Copyright Law in Ukraine:
πΊπ¦ Copyright Law in Ukraine
Legal Framework
The core legislation is the Law of Ukraine "On Copyright and Related Rights", initially adopted in 1993 and substantially amended in 2001, 2018, and 2022 to align more closely with European Union standards.
Ukraine is a party to major international copyright treaties:
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty (WCT)
Rome Convention
TRIPS Agreement
Marrakesh Treaty (accessible format copies for persons with visual impairments)
Subject Matter Protected
Copyright protection in Ukraine applies to original works of authorship, including:
Literary works (books, articles, computer programs)
Audiovisual works (films, TV shows)
Musical compositions with or without lyrics
Photographic and visual artworks
Dramatic and choreographic works
Architectural designs
Databases and compilations (if creative)
Rights Granted
Economic rights: Include the exclusive right to use the work (reproduce, distribute, display, perform, translate, adapt, etc.) or authorize others to do so.
Moral rights: Include the right to be recognized as the author, to object to distortion, and to preserve the integrity of the work.
These rights may be transferred or licensed, though moral rights are inalienable and remain with the author for life.
Duration of Protection
Copyright lasts for the life of the author plus 70 years after their death.
For joint works, the term is calculated from the death of the last surviving co-author.
For anonymous or pseudonymous works, and for works created under pseudonyms, itβs 70 years from the date of publication.
Related rights:
Performers: 50 years from the performance
Producers of phonograms: 50 years from first fixation
Broadcasting organizations: 50 years from first broadcast
Exceptions and Limitations
Ukrainian law provides for certain fair use and public interest exceptions, including:
Use for teaching, criticism, news reporting, or research
Use by libraries, archives, and museums
Reproduction for personal, non-commercial use
Use in legal and administrative proceedings
These uses must not conflict with normal exploitation of the work or unreasonably prejudice the legitimate interests of the right holder.
Enforcement
Ukraine provides civil, administrative, and criminal remedies for copyright infringement:
Civil: Injunctions, compensation for damages, and seizure of infringing goods
Administrative: Fines and confiscation
Criminal: Fines, community service, or imprisonment for willful infringement on a commercial scale
The Ukrainian National Office of Intellectual Property and Innovations (UANIPIO) oversees copyright administration.
Registration
Not mandatory: Copyright arises automatically upon creation.
Optional registration: Authors can register their works with UANIPIO for legal evidence in disputes.
Recent Reforms
In 2022, Ukraine passed significant amendments to strengthen copyright enforcement and align more fully with EU directives, particularly as part of its EU accession path. This includes:
Better protection for digital rights management
Clarification of licensing and collective management
Enhanced liability for online infringement
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