Copyright in Ukraine

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Copyright in Ukraine is based on the Law on Copyright and Related Rights of December 23, 1993, the updated version of which came into force on July 11, 2001.

Contents

History

After the establishment of Ukraine as an independent state in 1992, the State Agency for Copyright and Related Rights (GA UARP) under the Cabinet of Ministers of Ukraine was established, whose main task was to develop legislation in the field of copyright. Over the next few years, a number of legislative and regulatory acts regulating certain issues of copyright protection were adopted (such as the Law On Copyright and Related Rights, passed on December 1993 and entered into force in 1994; Decree No. 784 "On the minimum rates of royalties for the use of works of literature and art", 1994 and the Decree No. 532 "On state registration of the author's rights to works of science, literature and art.", 1995). In 1995, Ukraine acceded to the Berne Convention. [1] The basic principles of copyright were included in the Constitution of Ukraine of 1996. The copyright legislation was updated on July 11, 2001. [1] [2]

Duration

The term of protection of personal non-property rights of the author is unlimited. Other rights (property) are subject to protection during the life of the author and 70 years after his death. If the work is co-authored, the term of protection of rights expires 70 years after the death of the last co-author of the work. For works published anonymously or under a pseudonym, the copyright expires 70 years after the work has been published.

If the work is first published within 30 years after the author's death, the copyright for it is valid for 70 years from the date of publication. Copyright for the works of posthumously rehabilitated authors is valid for 70 years after their rehabilitation.

The Law deals separately with the case of publication after the expiration of copyright protection of a work that has not been published before - the person who first published it enjoys protection equivalent to the protection of copyright. The term of protection of these rights is 25 years from the first publication. [3]

Exceptions

In some cases, the use of works is allowed without the permission of the copyright holder and without payment of remuneration (provided that the author's name is indicated and his other rights are respected). Such cases include, for example:

The law provides for the free reproduction of works in libraries and archives, as well as in the creation of textbooks. A separate article is devoted to the free copying of computer programs. [4]

Related Research Articles

A copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

In the copyright law of the United States, a work made for hire is a work subject to copyright that is created by an employee as part of their job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term, so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work. According to copyright law in the United States and certain other copyright jurisdictions, if a work is "made for hire", the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union is a member.

Copyright Duration Directive

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC).

Copyright law of Canada

The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions. It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.

Copyright expiry in Australia depends on when a work was created, and on the type of work. Under the current law, copyright usually expires 70 years after the death of the author, or for anonymous works, 70 years from the date of publication. Crown copyright expires 50 years after publication. The law has evolved over the years, and previously photographs were treated differently from other works. Anonymous works and photographs created before 1955 are no longer under copyright. For non-photographic works created before 1955, where the author is known, the copyright expires 50 years after the death of the author.

Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but in 1993 national laws were required to be harmonized by EU Directive 93/98/EEC to provide standard period of protection of 25 years from first publication.

Copyright law of Ireland is applicable to most typical copyright situations. Protection expires 70 years after the death of the author/creator. Irish law includes a provision for "fair dealing," similar to that used by other countries. In 2012, a copyright law was proposed that Wired compared to SOPA and suggested could pass without parliamentary vote.

Public domain music is music to which no exclusive intellectual property rights apply. There are several ways that a piece of music can be in the public domain:

The Copyright law of the Soviet Union went through several major revisions during its existence. The first Socialist copyright law was passed in 1925. Three years later, it was superseded by a second version that remained in force for more than three decades, until it was replaced in 1961.

Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

Public domain Works outside the scope of copyright law

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

Under the law of United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject-matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK having left the EU on 31 January 2020. On 12 September 2018 the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

The Copyright law of El Salvador is legal rights to creative and artistic works under the laws of El Salvador. It was implemented in the Decree No. 604 of the Legislative Assembly of El Salvador on 16 of August 1993. This law aims to protect the economic and moral rights of Salvadoran authors and foreigners residing in El Salvador, granted by the mere fact of creating works that are literary, artistic and scientific.

References

  1. 1 2 "Страница истории авторского права. Украина: регистрация Товарных Знаков, Авторских прав, Изобретений, Патентов (ТЗ, логотипов, трейдмарок, брендов)". patent.km.ua. Retrieved 2022-03-08.
  2. ↑ "История - Украинское агентство авторских и смежных прав - Украинское агентство по авторским и смежным правам". 2015-12-25. Archived from the original on 25 December 2015. Retrieved 2022-03-08.
  3. ↑ Law of Ukraine "On Copyright and Related Rights", 1993 , Section II, Article 28.
  4. ↑ Law of Ukraine on Copyright and Related Rights. Section II, Article 21 and Article 24
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