UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
jointly unless otherwise agreed. Disputes frequently arise over whether contributions qualify as creative or merely technical, particularly in projects involving multiple contributors, such as software development, audiovisual production, or marketing content. Works created by employees are subject to specific rules. Economic rights may transfer to the employer where the work is created within the scope of employ- ment duties, but this depends on proper contrac- tual structuring and, in certain cases, remuneration arrangements. Insufficiently detailed employment contracts may lead to uncertainty or disputes regard- ing ownership. For contractors and commissioned works, the default position differs: rights typically remain with the author unless expressly transferred or licensed. Businesses relying on external creators should ensure that agree- ments clearly define the scope of rights, permitted use, and territorial coverage. Allocation of rights remains a recurring issue in com- plex or collaborative environments. Judicial practice focuses on the substance of contributions and the existence of documentary evidence when determining authorship and ownership. Authorship and ownership in Ukraine are not deter- mined solely by formal designation. They depend on the ability to demonstrate creative contribution, sup- ported by a clear contractual and evidentiary frame- work. 3.4 Scope of Rights and Moral Rights Copyright in Ukraine confers a broad set of economic rights, including the exclusive right to reproduce, dis- tribute, publicly perform, communicate to the public, and adapt the work. These rights enable the owner to control the commercial exploitation of the work across both physical and digital environments. The effective scope of economic rights depends on their definition and on how they are structured and transferred. Licensing and assignment agreements should clearly define the extent of use, territory, dura- tion, and permitted modifications. Ambiguities are typically interpreted narrowly, which may limit com-
mercial use, particularly in cross-border or digital contexts. In addition to economic rights, Ukrainian law recog- nises strong moral rights, including the right of author- ship, the right to integrity of the work, and the right to oppose distortion or other prejudicial treatment. Moral rights under Ukrainian law are inalienable and cannot be assigned, even where economic rights are fully transferred. They remain with the author and, after death, may be protected by heirs. While authors may consent to certain uses or modifications, they cannot fully waive their moral rights. This creates a structural limitation on commercial exploitation. Even where a business acquires all eco- nomic rights, it may still face restrictions on attribu- tion, modification, or adaptation of the work, particu- larly in creative industries such as advertising, media, and design. Copyright in Ukraine operates as a dual system: economic rights permit commercial use, while moral rights impose non-transferable constraints. Effective exploitation depends on both acquiring rights and managing the ongoing relationship with the author. 3.5 Term of Protection and Termination Copyright protection in Ukraine lasts for the author’s lifetime plus 70 years after their death. For works of joint authorship, the term is calculated from the death of the last surviving co-author. Anonymous and pseu- donymous works are protected for 70 years from the date of lawful publication, unless the author’s identity becomes known. These rules are broadly aligned with EU standards and are consistently applied. Disputes rarely concern the duration of protection, focusing instead on the conti- nuity and scope of rights over time. Ukrainian law does not recognise termination or rever- sion rights in the sense developed in some other juris- dictions, such as the United States. Once economic rights are validly transferred, they remain with the transferee for the agreed term.
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