Copyright is a set of property and non-property rights to a work that arise automatically from the moment of its creation as a result of the author’s individual creative activity. Works protected by copyright include:
- literary works (books, articles, scripts, publications, etc.);
- musical pieces (with or without lyrics);
- computer programs and databases;
- Fine arts (paintings, illustrations, graphics, photographs);
- audiovisual works (films, clips, animation);
- ther results of creativity determined by law.
Related rights:
In addition to copyright itself, the law covers so-called related rights, which are related to the creation, performance and use of works:
- Performers’ rights (to perform, sing, play musical instruments, etc.);
- Rights of phonogram (audio recording) and videogram producers;
- Rights of broadcasting organisations (television or radio broadcasting).
Registering a copyright object: how it works
- Preparation of materials
- Collect evidence of authorship (drafts, materials confirming the creation process, etc.).
- Prepare the necessary documents (application, description of the work, information about the author, etc.).
Submitting an application
- An application for copyright registration shall be submitted to a state authority in paper or electronic form (through the relevant portal).
- An official fee is paid, the amount of which depends on the category of the work and/or the applicant (different rates may apply to individuals or legal entities).
- Expertise
- The state body checks the correctness of the submitted materials.
- If the decision is positive, registration is carried out and a copyright registration certificate is issued.
- Obtaining a certificate
- The certificate officially confirms that you are the author (owner) of the registered work and have the relevant rights to it.
- If necessary, the certificate can be used to prove your authorship in court and for other legal actions.
Why copyright registration is useful:
- Official confirmation of authorship
The registration certificate uniquely identifies who owns the rights to a work. This simplifies the process of resolving disputes over the ownership of a work.
- Convenient re-registration for inheritance
Copyright belongs to the author throughout his or her lifetime and is automatically transferred to the heirs upon death. A certificate makes it much easier for heirs to re-register these rights and avoid possible conflicts and disputes.
- Possibility to dispose of the work
- You may transfer your proprietary copyright to other persons on a paid basis (e.g., sale of rights, signing a licence agreement).
- You may receive regular remuneration (royalties) under a copyright transfer agreement or a licensing agreement.
- Adding to the company’s balance sheet
If you own a company, a registered copyright object can be classified as an intangible asset and reflected in the accounting records (this can increase the overall capitalisation of the company).
- Prohibition of use by unauthorised persons
With a registered copyright, you have the legal basis to prohibit others from using your work without your consent, and to claim damages or compensation.
- International recognition
Ukraine is a party to a number of international copyright treaties (including the Berne Convention), so protection is available in most countries. Registration makes it easier to prove rights abroad.
Territoriality and term of copyright:
- Unlimited territorial coverage
Copyright automatically applies to the territory of all member states of the Berne Convention (in fact, the vast majority of countries in the world).
- Duration of protection
Globally, an author’s moral rights are valid for an unlimited period of time. The author’s property rights are protected throughout the author’s life and for 70 years (in most cases) after his or her death. Then the work passes into the public domain, unless otherwise provided by law.
Conclusion
Copyright registration is an effective tool for protecting and confirming that you (or your company) are the rightful owners of a work. It allows you to safely and profitably dispose of the results of your creativity: enter into contracts, receive royalty income, attract investors, and simplify the inheritance of rights. If you want to reliably protect your creative achievements, you should contact intellectual property specialists who will accompany you through the entire registration process – from preparing an application to obtaining a certificate.
In case of disputes or the need for additional advice, you should contact professionals who can help you resolve issues related to copyright registration and protection.