Copyright
Protect Your Creativity
We assist businesses not only with registration or agreements, but also in developing protection strategies and providing guidance on all matters that arise during the use of intellectual property. Our team has many years of experience and offers professional advice in the following areas:
- Consultations on Copyright Protection. We help identify which works are eligible for copyright protection and provide advice on registration and proper usage.
- Clarification of Rights and Obligations of Authors and Users. We offer clear understanding of the rights that belong to authors and owners, as well as the obligations of those using their works (licensing, reproduction, publication, etc.).
- Consultations on Proper Use or Creation of Derivative Works, etc. In the age of content creation, it’s crucial to understand the conditions under which third-party content can be used legally and how derivative works can be created. We will advise you and help ensure everything is properly documented.
Every company creates works protected by copyright in the course of its business, whether it's a computer program, an architectural design, a photo, or a text. ‘By default’, all pecuniary and non-pecuniary rights to works protected by copyright belong to their authors. Therefore, one of the key business tasks for companies that create works protected by copyright for themselves or on the contract is a well-established structure of the transfer of pecuniary rights from the immediate author (a developer, designer, artist, architect) to the company. With the help of an audit we will identify and structure the existing works, analyze the processes of their creation within the company and by contractors, develop a strategy for the transfer of rights and a general strategy for the management of copyright in the future. In the strategy, we will answer the questions of transfer of rights, taxation, payment of royalties, as well as prepare a package of contracts and other necessary documents, a guide for the establishment of process management.
If the work was created on a contract or jointly by several people, it is important to determine the amount of intellectual property rights that each person will have. The purpose of a Copyright Agreement is to reach an agreement on the key issues:
- the assignment of intellectual property rights between the parties;
- the order of use of the work;
- the order of royalty payments, liability for breach of contractual obligations, etc.
Despite the fact that copyright arises automatically when a work that qualifies for protection is created and does not require registration, the latter provides a number of advantages. For example, having a Certificate of Registration facilitates the process of proving that you really are the author of the work. This is relevant in case of infringement of your rights, for participation in international exhibitions, making deals on the protected works, etc. For confirmation of authorship, it is enough to provide a Certificate, according to which the right to work is registered. Moreover, the peculiarity of copyright is its extraterritoriality. Once you get copyright registration, for example, in the USA, it can also be used to confirm the status of the pecuniary rights owner in other countries. We offer a comprehensive solution that includes:
- initial consultations regarding the required information and specifics of the registration process
- analysis of the work for its eligibility for registration
- support throughout the registration process, from application filing to the issuance of the certificate
Every copyright-protected work reserves exclusive pecuniary rights - to use, allow and prohibit the use of a work. If you want to transfer (assign) pecuniary rights to another person or allow the use of a work (license), it is important that such a process be handled correctly to minimize risks and losses. We offer a comprehensive solution that includes:
- approval on the key terms for contractual obligations
- drafting of the agreement, ensuring it meets all necessary requirements for subsequent registration
- optional service in the extended package — full support for the state registration of the copyright
Practice Team
How can we help you?
FAQ
Yes. Copyright protection in Ukraine arises automatically upon the creation of an original work, without any requirement for registration or other formalities. This applies to literary, artistic, musical, audiovisual, software, and other eligible works.
However, although registration is not mandatory, voluntary state registration of copyright can offer important advantages. A copyright certificate serves as official evidence of authorship and the date of creation, which can be helpful in case of disputes or enforcement actions.
In Ukraine, copyright protection generally lasts for the lifetime of the author plus 70 years after their death. If a work has multiple authors (joint authorship), the term is calculated from the date of death of the last surviving author.
For anonymous or pseudonymous works, the term of protection is 70 years from the date of first publication, unless the author’s identity becomes known during that time.
In Ukraine, if a work is created by an employee in the course of their employment duties, the proprietary rights to such a work typically belong to the employer unless otherwise specified in an agreement.
However, the personal non-property rights, such as the right to be recognized as the author and the right to protect the integrity of the work, always remain with the employee and cannot be transferred.
It is advisable to clearly regulate ownership of intellectual property rights in employment contracts or separate agreements to avoid disputes.
Yes. In Ukraine, software is protected by copyright as a literary work, provided it is original. Copyright applies to both the source code and object code of the program.
According to Ukrainian law, protection is granted to the form of expression of the computer program. This means that copyright does not extend to the ideas, algorithms, programming languages, or user interface design behind the program.
In Ukraine, voluntary copyright registration is available to both individuals and legal entities. For individual authors, the copyright is registered in their name as the original creator of the work.
For legal entities, registration is based on a copyright assignment or work for hire. In such cases, the registration reflects the legal entity as the rightholder, with documentation confirming the transfer of economic rights from the author.