Dmytro Bortnyansky’s first opera Creon, which was considered lost, not only returned to Ukraine, but also received state registration of the copyright to the arrangement (i.e., a derivative work based on the original work). The certificate was officially presented by Olena Orliuk, Head of the IP Office, to conductor of the National Opera of Ukraine Herman Makarenko and musicologist Olha Shumilina.
International recognition
“Mr. Herman Makarenko and Ms. Olga Shumilina applied to the IR Office to register the property rights to the arrangement. We are well aware that the opera “Creonte” is a public domain of mankind, so we have registered the copyright of its arrangement. This is a new creative interpretation in our cultural space,” Olena Orliuk said during a press conference preceding the world premiere of Dmytro Bortnyansky’s opera Creon at the Diplomatic Academy of Ukraine under the Ministry of Foreign Affairs of Ukraine on November 11, 2024.
Now the copyright for opera arrangements is recognized throughout the civilized world. After all, Ukraine is a party to a number of international treaties in this area: The Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention of 1952 stipulate that both published and unpublished works of citizens of a Contracting State are subject to protection. The Berne Convention also stipulates that the use and 
exercise of copyright is not subject to any formalities.
“Copyright usually arises from the moment a work is created, it does not require mandatory registration, but if it is registered, Ukraine, as a party to a number of international conventions on the protection of literary and artistic works, the Universal Copyright Convention, adheres to all the rules. Therefore, this copyright will be protected in all countries that are parties to the conventions, i.e. throughout the civilized world,” emphasized the Director of the IP Office.
Return and registration
The IR Office has carried out state registration of the arrangement of the opera “Creonte”, as evidenced by the certificate of copyright registration for the work dated 22.10.2024 No. 130831. The information on state registration was entered into the State Register of Certificates of Copyright Registration and will be published in the official electronic bulletin “Copyright and Related Rights” No. 84 on November 29, 2024.
“This is a really great return for the Ukrainian cultural space. Opera, as a public domain of humanity, is now returning to our cultural heritage. I am glad, because Ukraine defends its sovereignty at all levels and will continue to return artists to its cultural environment,” emphasized Olena Orliuk.
A heritage rediscovered
Dmytro Bortnyansky was a Ukrainian baroque composer, singer, and conductor born in 1751 in Hlukhiv. He wrote his first opera, Creonte, at the age of 25 in Italy. It was premiered in Venice at the San Benedetto Theater in 1776. However, the manuscript score of the work disappeared and for more than 200 years the opera was considered lost.
Until the manuscript was found in the archives of the Lisbon Library in Portugal, where the manuscript collections of the royal court are kept.
The opera was based on a libretto by Marco Coltellini and is based on the ancient Greek tragedy Antigone by Sophocles. “Creonte was written in the tradition of Italian opera-seria. It consists of two acts (14 and 8 scenes) and has a number structure with solo arias, duets, recitatives, choral and instrumental numbers. The opera was premiered in Kyiv with the support of the Ministry of Foreign Affairs of Ukraine, under the patronage of UNESCO/UNESCO (United Nations Educational, Scientific and Cultural Organization), personally provided by Director General Audrey Azoulay, and under the patronage of the pan-European federation of associations Europa Nostra, which is responsible for the preservation of European cultural heritage.
The author of the project “Returning Dmytro Bortiansky’s first opera Creonte to the world” is Herman Makarenko, conductor of the world premiere, People’s Artist of Ukraine, conductor of the National Opera of Ukraine, artistic director of the Kyiv-Classical Orchestra, Doctor, Professor.
The registration of the copyright for Dmytro Bortnyansky’s arrangement of the opera Creon is an important event for Ukrainian culture and the legal system. It demonstrates the ability of modern Ukraine to protect its cultural heritage and give it new life in modern interpretations.
The arrangement, as a derivative work and with a dedicated author for such an arrangement, is an example of a creative reinterpretation of a baroque opera that has long been considered lost. The original manuscript was found in Lisbon, Portugal, and became the basis for this new version of the work.
This event not only emphasizes the value of Bortnyansky’s musical heritage, but also emphasizes the importance of recognizing copyright for interpretations of cultural works. Thanks to this registration, the opera “Creonte” gets a new life, becoming part of the modern cultural space of Ukraine and the world at large.
arrangement / copyright / copyright registration / intellectual property / opera “Creon”
