The first thing you need to know about copyright is that it arises as a result of the fact of the creation of a work. Protection of rights automatically applies to all countries of the Berne Convention (most of the countries in the world). The emergence and exercise of copyright does not require registration of the work or the implementation of other formalities.
Why is copyright registration necessary?
Our goal is to provide comprehensive legal support for the client’s creative achievements. Therefore, we, like all other professionals in the field of intellectual property, strongly recommend registering copyright to a work on a voluntary basis.
Copyright registration provides a number of benefits:
– a certificate of copyright registration for a work allows you to establish the date of emergence, which is essential in disputes;
– depositing a copy of the work, which is filed together with the application for registration;
– the certificate will facilitate the commercialization of the work. (for example, licensing of the rights);
– the property copyright owner, confirmed by a certificate, is exempt from evidence the ownership of the corresponding rights in litigation; in such cases, the responsibility of evidence that these rights belong to another person rests with the defendant.
What objects of copyright can be registered?
Copyright protects works in the field of science, literature and art, in particular:
– literary works: poems, books, lyrics, speeches, reports, lectures, seminars, courses, etc.;
– computer programs (software), databases, websites, mobile applications;
– pieces of music with and without lyrics;
– works of art: paintings, illustrations, characters, etc.;
– works of architecture, urban planning and garden and park art;
– works of applied art, including works of decorative weaving, ceramics, carving, art glass molding, jewelry, etc;
– illustrations, maps, plans, drawings, sketches, plastic works related to geography, geology, topography, technology, architecture and other fields of activity;
– many more, the list of objects is not limited.
Important! Copyright protection extends to the form of expression of a work and does not apply to ideas, theories, principles, methods, procedures, processes, systems, means, concepts, and discoveries, even if they are expressed, described, explained, or illustrated in the work.
Who can own copyright?
The author, the individual who created a work by his creative work; the author’s heirs; individuals or legal entities to whom the authors or their heirs have transferred their copyright to the work.
How long is copyright protected?
The term of copyright protection for a work in Ukraine is 70 years after the death of the author.
What are related rights?
Related rights are derived from copyright. Therefore, the main principle of the emergence and implementation of related rights is the initial observance of copyright. The objects of related rights are:
– performance of literary, dramatic, musical, musical-dramatic, choreographic, folklore and other works;
– shows (programs) of broadcasting organizations.
Related rights, as for copyright, emerge as a result of the fact of their creation. No registration or other formalities are required for the emergence and exercise of these rights.