How “free” content is destroying Ukrainian cinema

When we click the “download for free” button, it seems like a small thing. At a time when we are bombarded with advertisements for paid subscriptions, blocks, and “premium access,” we habitually look for the shortest route. But behind every click is not just a copyright infringement, but a loss of opportunity for Ukrainian cinema, music, and culture to become a full-fledged industry.

Ukraine consistently ranks among the top 10 countries in the world in terms of online piracy, according to analytics companies MUSO and Surfshark. In 2023–2024, the number of visits to pirate sites from Ukraine exceeded 120 million per year. This is more than in some European countries combined.

Why do we continue to do this? And what do we need to understand: piracy is not a protest against corporations, but a stab in the back to our own culture.

Legal framework for copyright protection in Ukraine

The field of copyright and related rights is regulated primarily by the Law of Ukraine “On Copyright and Related Rights,” as well as the Criminal Code of Ukraine, which provides for liability for the illegal reproduction or distribution of works, computer programs, and databases.

Ukraine is a party to a number of international instruments, including:

  • the Berne Convention for the Protection of Literary and Artistic Works;
  • the WIPO Copyright Treaty;
  • the TRIPS Agreement (World Trade Organization).

Thus, the state is formally obliged to ensure an adequate level of legal protection of intellectual property. However, the practical implementation of these norms remains weak due to:

  • insufficient technical control;
  • limited powers of the National Police and cyber units;
  • the complexity of tracking transnational digital violations.

The scale and causes of piracy in Ukraine

1) Economic factors

Despite the rapid development of the IT sector, the purchasing power of the population remains low. Subscribing to legal platforms (Netflix, Megogo, Sweet.TV, Takflix) is financially burdensome for many users, which encourages illegal consumption of content.

2) Cultural and psychological factors

Piracy in Ukraine has social roots: generations of users have been accustomed to “free” access since the era of CDs and torrents. The public consciousness has not yet formed an understanding that intellectual property = economic value.

3) Technological mobility and complexity of blocking

Modern pirate resources operate in the form of mirror sites, Telegram channels, and peer-to-peer networks, which makes them difficult to eliminate. After each block, dozens of copies with new domains appear.

Economic and legal consequences for the film industry

1) Loss of investment attractiveness

Piracy directly reduces the profitability of the film market. Producers, distributors, and streaming platforms lose millions of hryvnias, which reduces the motivation to invest in the production of Ukrainian content. According to estimates by the Ukrainian Film Association, up to 40% of potential revenues from national films are lost due to unauthorized distribution. This is particularly critical for independent studios that do not have backup sources of funding.

2) Damage to international image

Ukraine’s inclusion in the USTR’s “301 List” as a country with high levels of piracy negatively affects the country’s reputation, creates barriers to cultural cooperation, and hinders the signing of agreements with global rights holders.

3) Social consequences

Piracy undermines the labor rights of artists. Directors, actors, and composers do not receive royalties, and cinemas and distributors are forced to cut staff due to unprofitable box office sales.

The Clean Sky initiative as an example of industry self-regulation

Clean Sky is a Ukrainian public initiative created in 2013 by representatives of telecommunications companies, rights holders, and online media. The initiative aims to:

  • monitor and identify pirate resources;
  • send blocking requests to providers;
  • create a “white list” of legal online platforms;
  • educate users.

In 2023, more than 150 pirate sites were blocked as part of the project, and joint actions were carried out with the Cyber Police and the Ministry of Digital Transformation. At the same time, the initiative emphasizes that no blocking will have a lasting effect without a change in consumer behavior.

The problem of piracy in Ukraine remains systemic and hinders the development of the national intellectual property market. Despite improvements in legislation and participation in international treaties, the level of law enforcement is still insufficient, and public tolerance for “free content” undermines the motivation of investors and creators.

To truly overcome this problem, it is necessary to combine the strengthening of legal mechanisms, initiatives such as “Clean Sky,” and educational work aimed at changing users’ attitudes toward copyright. Our task as lawyers in this field is also ambitious, as we provide a range of free consultations, seminars, lectures, and webinars every day, write interesting materials (articles, posts, interviews), shoot videos, host podcasts, and so on. In our humble opinion, all these activities raise awareness of intellectual property and shape the proper attitude among users towards copyrighted products.

Ukraine has the potential to become not a source of pirated content, but a center for its legal production and export, if every market participant realizes the value of legal protection.

As intellectual property lawyers, we provide professional assistance to authors, producers, and companies in matters of copyright protection, blocking pirated resources, preparing contracts, and providing legal support. Please contact us for advice if your works or brands need legal protection. The law is the best tool against piracy.

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