UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
Contractual structuring and the inherent features of copyright may produce similar effects. Agreements may define specific durations, territories, or modes of use, after which rights revert or require renegotiation. The inalienable nature of moral rights further allows authors, and after death their heirs, to influence the use of works even where economic rights have been transferred. The long duration of copyright protection, combined with contractual structuring and enduring moral rights, creates a dynamic in which control over works evolves over time rather than remaining fixed. 3.6 Limitations, Exceptions and Defences Ukrainian law provides a range of limitations and exceptions to copyright, including quotation, use for educational and scientific purposes, private use, and certain forms of parody or caricature. These excep- tions broadly reflect European standards but are applied narrowly. Unlike some common law jurisdictions, Ukrainian law does not recognise a general “fair use” doctrine. Exceptions are interpreted strictly and applied on a case-by-case basis, with courts focusing on whether the use falls within the statutory framework. Courts assess exceptions by reference to purpose, scope, and proportionality. Key considerations include whether the use is justified by its intended purpose, whether it exceeds what is necessary, and whether it interferes with the normal exploitation of the work or unreasonably prejudices the rights holder’s legitimate interests. Defences based on quotation or parody are available but are not broadly construed. Courts require a clear functional link between the use and its stated pur- pose, as well as limited and proportionate use of the original work. These issues become more complex in digital environments, particularly where content is reused, adapted, or disseminated across platforms without clear attribution or context. Private use exceptions also exist but remain subject to important limitations, particularly where copying
is connected to commercial activity or distribution beyond a strictly personal context. Copyright exceptions in Ukraine operate as narrowly tailored carve-outs rather than flexible balancing tools. Reliance on such defences remains uncertain and requires careful legal assessment, particularly in dis- putes involving digital content and online platforms. 3.7 Copyright Enforcement and Remedies Copyright infringement in Ukraine generally consists of the unauthorised use of a protected work, includ- ing reproduction, distribution, public communication, adaptation, or making the work available online with- out the rights holder’s consent. Infringement increas- ingly occurs in digital environments, particularly through online platforms, file sharing, and unauthor- ised content distribution. Disputes are primarily heard by commercial or civil courts, depending on the parties involved. Outcomes are shaped by legal qualification and evidentiary chal- lenges, particularly in relation to authorship, the timing of creation, and the identification of infringing parties in online contexts. Civil remedies include injunctions, damages, recovery of lost profits, and destruction of infringing copies. Ukrainian law also provides for statutory compen- sation as an alternative to proving actual damages. Courts tend to assess such claims conservatively unless supported by clear evidence of infringement and commercial impact. Interim measures are available, including injunctions to stop ongoing infringement. Courts apply them cau- tiously, requiring a clear demonstration of urgency and a risk of irreparable harm. A developing area of enforcement concerns online blocking and platform-related measures. Ukrainian law does not provide a fully harmonised notice-and- takedown regime comparable to EU frameworks. Rights holders increasingly rely on court orders, plat- form policies, and hybrid enforcement strategies to address online infringement.
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