One of the most common services provided by our company is the service of copyright registration of a work. In this article, we provide answers to the most frequently asked questions that clients ask when applying for this service, including taking into account the provisions of the new procedure for state registration of copyright and contracts relating to property rights to a work. The Procedure has already been in force since November 24, 2023, when the Order of the Ministry of Economy No. 11319 “On Approval of the Procedure for State Registration of Copyright and Agreements Concerning Proprietary Rights to a Work” dated August 16, 2023 (hereinafter – the Procedure) came into force.
So, let’s move on to the interesting part:
- “When exactly can I submit a work for registration?”
Article 9 of the Law of Ukraine “On Copyright and Related Rights” (as amended on 15.04.2023) stipulates that copyright in a work arises from the fact of its creation, and the work is considered created from the moment it is initially given any objective form (written, material, electronic (digital), etc.)
In other words, as soon as you, the author, as the primary copyright holder, have finished writing a book, painting a picture or recording a demo version of a song on a digital medium, in other words, have given your work an objective form, you can already submit the work for registration.
It is worth noting that an application for state copyright registration may be filed not only by the primary copyright holder, but also by other individuals or legal entities to whom the property rights to a work have been transferred on the basis of a contract or law: the author’s heir, an employer in respect of a work for hire, a customer in respect of a work created to order.
Thus, state registration of copyright is carried out for works created:
– on the author’s own initiative – the application is filed by the author/heir;
– in connection with the performance of duties under an employment agreement (contract) – an application is submitted by the employer or the author, if the rights to an employee work belong to the employer and the author jointly and in accordance with the new Procedure, a copy of the relevant employment agreement (contract) must be submitted with the application;
– by order (in connection with the execution of a contract) – an application is submitted by the customer or the author if the rights to the work created by order belong to the customer and the author jointly, and in this case, also in accordance with the new Procedure, the law requires a copy of such an order agreement.
- “Can I register a computer program?”
Yes, of course, according to Part 16, Clause 1 of Article 6 of the Law of Ukraine “On Copyright and Related Rights” (as amended on April 15, 2023), a computer program is classified as copyrighted work, and therefore, you can submit it for copyright registration.
It is worth noting that in our practice, we most often apply for registration of songs, books, paintings, illustrations, photographic works, small literary works (for example, a script, a brand book, various psychoanalysis methodologies, short stories, comics), as well as collections (sheet music, poems, short stories), and computer programs. And in 2022-2023, sets of psychological and metaphorical cards or cards with and without a description of the meaning gained great popularity for copyright registration.
However, we would like to remind you that the Rules define a wide range of copyright objects that can be registered. Perhaps among the list below you will find something that you wanted to register but were not sure if it was possible.
Thus, in addition to the objects already mentioned above, you can also submit for registration:
1) speeches, lectures, speeches, sermons and other oral works – you need to provide a copy of the work in the form of a printed text in the original language or in the form of a recording;
2) dramatic, musical-dramatic works, pantomimes, music and light shows, circus performances, choreographic and other works created for stage performance and their performances – you must provide a copy of the work in the form of a musical score, printed text, drawings, photographs (if any) and/or recorded in the form of a video;
3) theatrical performances, stage adaptations of works referred to in paragraph 2) above and arrangements of intangible cultural heritage suitable for stage performance – you should provide a copy of the work in the form of a musical score, printed text, drawings, photographs (if any) and/or recorded in the form of a video;
4) texts of translations for dubbing (including duplication), subtitling of audiovisual works in other languages – you must provide a copy of the work in printed form in the language into which the translation was made or in the form of a recording;
5) works of applied art, including works of decorative weaving, ceramics, carving, foundry, art glass, artistic forging, jewelry, etc. – you must provide a copy of the work in the form of a photograph;
6) works of architecture, urban planning, landscape art and landscape formations – you must provide a copy of the work in the form of a photograph or drawings (project, master plan, floor plans, facades, sections, other drawings, models of buildings and structures); an annotation that must contain the name of the work, architectural characteristics and parameters, if available – data on the location (address), time and place of creation;
7) databases (compilations of data), if they are the result of intellectual activity by selection or arrangement of their components – depending on the data contained in the database, you must provide a copy of the database in full or in the form of its fragments; description of the database;
8) illustrations, maps, plans, drawings, sketches, plastic works relating to geography, geology, topography, engineering, construction and other fields of activity – you must provide a copy of the work in the form of photographs, drawings, and sketches.
And even this list is not exhaustive, you can submit other works, the main thing is to correctly determine what to submit for registration and in what form.
- “What documents do I have to submit for registration and what exactly does your company do during registration?”
According to the Procedure, the following list of documents required for state registration of copyright in a work is defined
– a copy of the work in the appropriate format (depending on the type of work);
– a document certifying the fact and date of publication of the work (if any, if the work was published before you decided to submit it for registration)
– a document on payment of the fee, the amount and rules of payment of which are determined by the relevant resolution of the Cabinet of Ministers of Ukraine;
– a document confirming the powers of the representative (if the application is filed with the participation of the applicant’s representative, for example, if we provide the service of preparing and filing for registration of your work, then such a document is a power of attorney);
– and, of course, the application, which shall be drawn up in the form approved by the Procedure,
in addition, depending on who submits for registration and what exactly, other documents are provided, namely:
– certificate of inheritance – if the application is filed by the heir (regardless of whether the heir submits the application or uses the services of a lawyer);
– documents confirming the creation of a work for hire in connection with the employee’s performance of duties under an employment agreement (contract) and the ownership of proprietary rights to such a work: an assignment for the creation of a work, an act or report on the work performed; an agreement on the distribution of proprietary rights to a work for hire; an employment agreement (contract) in terms of the conditions for the distribution of proprietary rights to a work for hire; a certificate confirming the employment relationship during the assignment and creation of the work – if the application is submitted by the employer.
Our specialists are engaged in the preparation/collection and creation of the above-mentioned documentation. That is, they provide the entire cycle of work on a turnkey basis – from collecting all the documents necessary to fill out all the documents, data from the client to prepare for filing and the actual filing of the application with the accompanying documents. We also monitor the work of the relevant state body that carries out the registration, namely the Ukrainian National Office of Intellectual Property and Innovations (hereinafter referred to as “UKRNOIPI”), to make sure that the application is accepted for consideration and everything is registered within the appropriate time frame.
And here we come to the next most frequently asked question.
- “How long does it take to register and what does it give me in general?”
The application is reviewed by the UKRNOIPI within two to three months from the date of receipt of properly executed application documents. However, it is worth noting that before the full-scale invasion, this term was indeed observed by the registration authority, but today, this term has increased somewhat and varies from three to three and a half (and sometimes more) months.
As for the expediency of registering copyright in a work, in Ukraine, the emergence and exercise of copyright does not require mandatory state registration of a work or other formalities, but we recommend registering copyright in a work, since very few countries in the world have such a procedure, and the validity of the issued certificate extends to 200+ countries.
Certificate of copyright registration issued by the Ukrainian National Institute of Intellectual Property:
– is the most significant proof of ownership of property copyrights, and also records the date of creation of the work;
– guarantees the presumption of authorship;
– it is an effective mechanism for copyright protection in the fight against the unlawful use of copyrighted works;
– serves as evidence in court in case of disputes related to the establishment of authorship;
– the Certificate may help to solve financial problems related to the calculation of royalties, as well as when considering strikes or blocking of your content on YouTube,
– a computer program is unlikely to be sold if you don’t have a certificate (it is required by buyers from other countries as substantial evidence),
– a screenplay for pitching is subject to mandatory registration in accordance with the Application Rules,
– in case of the author’s death and inheritance through a notary, it is the registration that will prove the deceased’s rights and the transfer of the specified works in the certificate to the heirs (both individuals and legal entities).
- “Can I be refused registration?”
Yes, the new Procedure provides for cases when UKRNOIPI has the right to refuse to register a copyright in a work, namely, when
– the applicant has not fulfilled the requirements specified in the request;
– the application concerns an object not protected by copyright;
– the application is filed in violation of the rights and legitimate interests of third parties;
– the application contains information that contradicts generally recognized principles of morality, public order, in particular, the requirements of the Laws of Ukraine “On Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols”, “On Prohibition of Propaganda of the Russian Nazi Totalitarian Regime, Armed Aggression of the Russian Federation as a Terrorist State against Ukraine, Symbols of the Military Invasion of Ukraine by the Russian Nazi Totalitarian Regime”;
– the applicant or the person to whom the application relates, including if the author, co-author, compiler, heir, employer, customer, party to the contract, other copyright holder of the work in respect of which the application is filed is a person associated with the aggressor state, defined in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 187 dated March 03, 2022 “On Ensuring the Protection of National Interests in Future Claims of the State of Ukraine in Connection with the Military Aggression of the Russian Federation”, or a person subject to sanctions in accordance with the Law of Ukraine “On Sanctions” (taking into account decisions of the National Security and Defense Council of Ukraine).
So, if you need to register copyright in a work created by you, register a work made to order or in the course of performing official duties, determine the objects, collect documents, fill out and submit everything necessary to the state authorities, but you are not sure that you can do it yourself, we will be happy to help you. So, use our service of copyright registration for a work by contacting us at the contacts listed on this website. Thousands of satisfied customers will confirm that you have made the right choice to cooperate with our company.
certificate / copyright / intellectual property / registration
