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Copyright and Related Rights

COPYRIGHT AND RELATED RIGHTS

Our patent attorneys provide comprehensive services and legal assistance with respect to all types of property subject to copyright and related rights in the territory of Ukraine, including audio & video products, movies, literary works and other printed matters, software, websites, databases, architecture, etc.

Please contact us if you need to:

– register rights to copyright items; or

– draft contracts and agreements related to copyright items, such as joint authorship agreements, employment contracts, civil law contracts between the customer and the contractor related to the creation of items subject to copyright and/or related rights, license agreements, or rights assignment agreements; or

– register contracts with the State Intellectual Property Service of Ukraine; or

– seek legal assistance for negotiations over execution of an exclusive rights assignment agreement or a license agreement; or

– conduct a legal analysis of a currently effective agreement related to items subject to copyright and related rights and receive recommendations on any modifications/amendments thereto upon receipt of all necessary confirmatory documents from the rightholder; or

– seek advice on disputes related to payment of royalty and other license fees; or

– identify the taxation treatment applicable to transactions involving assignment of rights or issuance of a license.

Why is it necessary to register copyrights in Ukraine? 

As is known, the author’s right arises at the moment of the creation of a work by him and does not require mandatory state registration. Such legal rule dangerously misleads a great many authors and even lawyers that the registration of a copyright is an absolutely unnecessary procedure.

The advantages of copyright registration in Ukraine are as follows:

1) fixation of the date when the work was created;

2) depositing of the work sample along with the application which, in case of a copyright infringement, allows provision of the original copy; and

3) issuance of a copyright registration certificate which serves as a proper proof of authorship (“presumption of authorship”). The need for such proof emerges in the course of litigation. According to the established practice, the person who is the first to register a copyright is considered the author of the work. And it is the other party who has to prove otherwise. The copyright registration certificate provides ample advantages to its holder during the litigation process and encourages him to hope that the dispute will be settled in his favor.

Specifics of a license agreement for items covered by copyright and related rights

A license agreement for the use of items subject to copyright and related rights must always be elaborated on an individual basis to provide personally tailored solutions for each particular client. It must cover all nuances of the relationships between the parties. For instance, in some cases, the obligation to use the property items is important, while the absence of such use will be considered as a violation of the agreement. In other cases, the reservation concerning the need to obtain a distribution certificate (for movies) should be included, as well as the implications of the denial of such certificate to the licensee. Another very important part of the agreement covers the fees for the use of the items. Lump sums, royalties and combined payments, as well as minimum guaranteed fees, are stipulated here. License agreements with non-residents also require thorough elaboration. A range of factors should be taken into account and special clauses affecting the tax treatment of payments to the non-residents should be stipulated. Such agreements are intently monitored by tax authorities, banks’ currency departments, as well as the state information and analytical company Derzhzovnishinform (for payments exceeding EUR 100,000 per annum, a cost verification certificate is required to be obtained from Derzhzovnishinform).

The registration of license agreements for the use of items covered by copyright and related rights, as well as rights assignment agreements is performed by the State Intellectual Property Service of Ukraine. Such registration is not mandatory and is performed upon the decision of the parties to the agreement.

Our agency’s patent attorneys also provide legal services associated with copyright protection, including on the Internet. After a thorough analysis of your situation, our patent attorneys will apply their knowledge and expertise to offer you one or more legal solutions for the protection of your copyrights/related rights.

Our fees and deadlines associated with our legal assistance for the protection of your copyrights/related rights will be discussed separately and will depend on the selected procedure.

For more detailed information about our services, you can directly contact our Agency’s lawyers. CONTACT US

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