Copyright is a set of non-property and property rights of authors and their inheritors associated with the creation and use of works of science, literature and art.
Related law is the rights of performers, producers of phonograms and videograms and broadcasting organizations.
Unlike industrial property (TM, inventions, industrial designs) current law doesn`t require formalities for attesting their ownership (obtaining a certificate) for objects of copyright and related rights. However, registration of object of copyright and related property can be an important step for further disposal for the rights to results of creative activity of author. This will help to avoid any dispute over the authorship and misuse of the work and stop the unfair competitions of the infringers.
Copyright objects are:
- literary written works of fiction, publicistic, scientific, technical or other character;
- performances, lectures, speeches, sermons and other oral works;
- computer programs;
- databases;
- musical works with text and without text;
- dramatic, musical-dramatic works, pantomimes, choreographic and other works created for stage performance and their staging;
- audiovisual works;
- works of fine arts;
- works of architecture, town planning and landscape art;
- photographic works, including works performed in ways similar to photography;
- works of applied arts;
- illustrations, maps, plans, drawings, sketches, plastic works concerning to geography, geology, topography, engineering, architecture and other fields of activity;
- stage processing of works and processing of folklore, suitable for stage presentation;
- derivative works;
- collections of works and other composed works, provided that they are the result of creative selection work;
- translation texts for dubbing, sounding, etc .;
- other works.
Related rights objects are:
- performance of literary, dramatic, musical, musical-dramatic, choreographic, folklore and other works;
- phonograms, videograms;
- broadcasts (programs) of broadcasting organizations.
The competent specialists of our agency can help you to determine criteria of your object, make the detailed analysis and properly prepare all necessary documents to submit a new copyright application for registration in Ukraine. Having agreed the details with the client, we submit documents to the Ministry of Economic Development and Trade of Ukraine.
The copyright registration takes about 2-3 months, after which state registration is certified by the Certificate of Ukraine.
Copyright registration is not necessary and is valid from the moment of work creation. However, for better protection of your achievements and for future upholding of your interests, we advise our clients to proceed with the registration. Each country dictates its own terms regarding the copyright registration. For example, in the USA there is a requirement of necessity of this procedure to enforce copyright.
You can find out more about the international copyright registration process by contacting us personally. Due to our affiliate program, we can make registration both in Ukraine and abroad. We are always pleased to help you with any of your questions.
After registration of the copyright, the owner/author receives following rights to dispose his own creation:
1) Non-proprietary rights - belong exclusively to the individual, including:
- the authorship right - requirment to sign the name of the author on the work and during any public use of it;
- the righ on a name - prohibition to mention the name or pseudonym of the autor whily public use of the work if author wish to stay anonymous;
- the right to publish - prohibition or allowance to promulgate the work in any form, including the right to withdraw the work at any time before its publication;
- the right to protect the reputation - to demand the preservation of the integrity of the work and to resist any alteration of the work or any other encroachment on the work, which may damage the honor and reputation of the author.
The term of non-property rights of the author (according to the Law) is indefinite.
2) Property rights - the rights of the author (applicant) that give him right to receive the reward for the use of his work. These include:
- exclusive right to use the work;
- exclusive right to allow or prohibit the use of the work by others (reproduction, distribution, import, public display, etc.).
Validity of property rights (established by the Law) - throughout the life of the author and 70 years after his death (after the death of the author his heirs receive reward for the use of the work). When copyright is created in co-authorship, it is valid for the life of the co-authors and 70 years after the death of the last co-author.
The disposal of copyright rights is carried out according to the following agreements:
1) rights transfer agreements;
2) license agreements;
3) franchise agreements
4) copyright agreements.
Specialists of our company have large experience in drafting and executing contracts. They can help you to determine the volume of your work as a subject for commercialization, help you to draft the agreement and professionally represent your interests before the registering authorities both in Ukraine and abroad.
