UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
• other works. The aforementioned list of protected works is not exhaustive. Any objects that may fall under the con - cept of works of literature, art and science, both pres - ently and in the future, will be subject to copyright protection. Copyright protection may be granted to industrial designs if they meet the requirements for copyright protection. 3.2 Essential Elements of Copyright Protection Copyright protection extends solely to the form of expression of a work. All original works – whether published or unpublished, completed or incomplete, regardless of their purpose, genre, scope or mode of expression – are subject to protection. Portions of a work that can be used independently – including the original title of the work, and original characters of the work when used separately from the work in which they are created – are considered works and are protected under the law. Protection does not extend to the technologies of creation and expression of the work, nor to ideas, theories, principles, methods, procedures, processes, systems, ways, concepts or discoveries, even if they are expressed, described, explained or illustrated in the work. 3.3 Copyright Authorship A copyright in a work arises from the fact of its crea - tion. The primary subject of copyright is the author. Other natural or legal persons who have acquired property rights to the work through a legal transaction or by law may also be subjects of proprietary copyright rights. According to presumption of authorship in the absence of evidence to the contrary, the author of the work is the individual who is indicated as the author in the original or copy of the work.
The author must be one or more physical persons. Authors who jointly engage in creative activities to cre - ate a work (a work created collaboratively) are consid - ered co-authors. For a work created during employment, the following provisions are provided: • the moral (non-economic) rights belong to the employee whose creative labour produced such work; and • the economic (proprietary) rights transfer to the employer in its entirety, unless otherwise provided by the law, the employment contract (contract) or any other agreement, concluded between the employee (author) and the employer. For a work created in connection with the performance of official duties during military service, the following provisions apply: • the moral (non-economic) rights belong to the servicemember whose creative work resulted in the creation of the work; and • the economic (proprietary) rights automatically transfer to the State, represented by the respective authority, in their entirety from the moment of crea - tion of the work, unless otherwise provided by law. With respect to objects created by an artificial intel - ligence software, the Copyright and Related Rights Law provides the sui generis right to non-original objects generated by computer programs, which are objects that differ from existing similar objects and are formed as a result of the functioning of a computer program without the direct involvement of a natural person in the creation of these objects. Subjects of the sui generis right over non-original objects generated by a computer program may include individuals who possess property rights or licensing authority for the computer program that cre - ated the work – specifically, authors of such computer programs, their heirs, individuals to whom authors or their heirs have transferred property rights to the com - puter program, or legitimate users of the computer program. The contract may specify the conditions
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