Copyright infringement is an urgent problem in the modern world that affects both content creators and users. With the development of digital technologies and widespread access to the Internet, the opportunities for illegal use, copying and distribution of other people’s works have increased significantly. Copyright infringement not only harms authors and rights holders by depriving them of fair remuneration for their work, but also undermines the foundations of the legal system and the economy of the creative industries. Awareness of the importance of copyright protection and the need to comply with the law in this area is key to building a responsible society and supporting the development of culture and science. This year’s Olympic Games were not spared from copyright infringement.
Ukrainian artist Kateryna Kryvolap stated that the swimsuits of Ukrainian athletes Marina and Vladislava Alekseeva for the Olympics were created using her design. The artist posted the relevant post on Facebook:
“Today, the first thing I saw when I woke up was a photo of Olympic champions Marina and Vladislava Alekseeva in swimsuits of my design. The swimsuits look beautiful, and I am proud to see my patterns on the Olympic champions. However, I am deeply saddened and outraged that the manufacturer of these swimsuits did not ask my permission to use my work.”
The artist is deeply saddened and outraged because when she contacted the manufacturers, they assured her that the design of the uniform was not hers. “This blatant disregard for the rights of artists is unacceptable and has shaken my faith in respect for artistic integrity,” Kryvolap adds.
Kateryna Kryvolap is a Ukrainian artist who works primarily in the style of Petrykivka painting. She lives and works in Canada. The artist’s works have been exhibited in galleries in Italy, Portugal, Canada, and in France as part of the International Exhibition at the Louvre.
Earlier, the National Olympic Committee of Ukraine (NOC) presented the uniforms in which the athletes of the Ukrainian national team will compete at the 2024 Olympic Games in Paris. In 2024, the Polish brand 4F became the NOC’s new technical sponsor. The presentation of the Olympic uniforms was attended by future participants of the 2024 Games in Paris.
When does copyright in a work arise and what is the presumption of authorship?
Ukrainian law does not require registration of a work or any other formalities. According to the Law of Ukraine “On Copyright and Related Rights”, copyright in a work arises from the fact of its creation. The moment of creation is the moment of the initial presentation of a work in any objective form (written, tangible, electronic (digital), etc.).
The primary subject to whom copyright belongs is the author. The presumption of authorship is that, in the absence of evidence to the contrary, the person indicated as the author on the original or a copy of the work is considered the author of the work.
Thus, as soon as the author has created a work, expressed it in any objective form, such a work receives legal protection, and its author acquires copyright to the work created by him/her.
A person who holds copyright in a work may use the copyright protection mark, which consists of the Latin letter “C” circled by a circle – ©, to notify his property rights. Next to it, the name of the subject of property rights to the work, the year of the first publication of the work are indicated. The absence of a copyright mark on a work does not in any way affect its legal protection.
Notwithstanding the presumption of authorship, a copyright holder may register his or her copyright in a work in the relevant state register to certify his or her personal non-property rights and/or property rights to the work, the fact and date of its publication, and the acquisition of property rights to the work on the basis of a contract or law. Given the widespread nature of copyright infringement, and, as in our case, the infringement of the copyright in the drawing by artist Kateryna Kryvolap, this is the best way to protect copyright. In addition, having a copyright registration will make it easier to prove authorship in the event of a legal dispute.
Procedure for copyright protection
– Identify the person (individual or legal entity) whose actions and/or omissions led to the infringement;
– Draw up and send a substantiated claim;
– If the violation is not eliminated (the dispute is not resolved in the desired manner), a statement of claim should be prepared and sent to the court;
– If there are sufficient grounds, you can apply to the National Police or the court.
Copyright protection is critical to maintaining fairness and fostering innovation in society. Copyright infringement not only causes material damage to authors, but also undermines trust in the legal system and hinders the development of cultural and creative industries.
Addressing this problem requires a comprehensive approach, including strengthening legislation, raising public awareness, and developing technologies to protect intellectual property. Only then will it be possible to provide adequate support to creators and rights holders, as well as to promote the sustainable development of a society where the fruits of human creativity are valued and protected.
Our team can provide you with detailed advice, protect and register your copyright.
copyright / copyright infringement / intellectual property / Olympic Games 2024 / olympic uniform
