UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
Copyright subsists in original works of authorship expressed in any objective form, including literary, artistic, musical, audiovisual, and software works. Ukrainian law follows the principle of automatic pro- tection, with rights arising upon creation without the need for registration. Registration and other forms of evidence fixation, however, remain critical in establish- ing authorship and priority in disputes. The threshold of originality is relatively low and gen- erally requires that the work reflect the author’s intel- lectual effort. Judicial practice is becoming more structured in assessing originality, particularly in dis- putes involving digital content, software, and deriva- tive works. Ukrainian courts increasingly distinguish between protected expression and unprotected ideas, functionality, or standardised elements. Software is expressly protected as a literary work, while databases may be protected where they dem- onstrate originality in selection or arrangement. Func- tional elements, algorithms as such, and purely tech- nical solutions fall outside copyright protection and are typically addressed under patent or trade secret regimes. A growing area of legal uncertainty concerns AI- generated content. Ukrainian law does not recognise copyright in works created without human author- ship. Disputes are nevertheless emerging in relation to hybrid content combining human input and AI tools. Courts have yet to develop a consistent approach, making this one of the most dynamic and uncertain areas of copyright law. Copyright protection in Ukraine adheres to interna- tional standards, but its application is increasingly shaped by digitalisation, evidentiary constraints, and unresolved questions relating to AI and authorship. 3.2 Requirements for Copyright Protection Copyright protection in Ukraine arises automatically upon the creation of a work and does not depend on registration or other formalities. This reflects the principles of the Berne Convention and is consistently recognised under Ukrainian law.
To qualify for protection, a work must meet two core requirements: originality and expression in an objec- tive form. Originality is generally understood as the result of the author’s own intellectual effort and does not require novelty or artistic merit. The threshold is low but not merely formal. Disputes rarely concern the existence of a work, but rather whether its protected elements can be clearly identified and proven. The issue is particularly acute in digital environments and on online platforms, where content may be easily modified, copied, or repurposed. Ukrainian courts increasingly distinguish between pro- tected expression and unprotected ideas, concepts, functionality, or standardised elements, particularly in cases involving digital content and software. Although registration is not required, it has significant evidentiary value. Registration certificates, drafts, source files, and other forms of evidence fixation are routinely used in litigation to establish authorship, pri- ority, and the scope of the work. The burden of proof rests with the claimant to demon- strate both authorship and the existence of the work at a specific point in time. This evidentiary challenge is heightened in online environments, where content may be modified, copied, or removed. Copyright protection in Ukraine is automatic in form but evidentiary in substance. Rights arise upon crea- tion, while enforcement depends on the ability to prove originality, authorship, and the work’s integrity. 3.3 Authorship and Ownership Under Ukrainian law, authorship is attributed exclu- sively to a natural person who has created the work through their own intellectual effort. Legal entities cannot qualify as authors but may acquire economic rights through contractual arrangements. Authorship is presumed unless proven otherwise, although this presumption may be challenged where contributions are unclear or insufficiently documented. Joint authorship arises where a work is created through the combined creative efforts of two or more individuals, provided that their contributions form an inseparable whole. In such cases, rights are exercised
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