UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
of ownership of sui generis rights over non-original objects generated by relevant computer programs. Works created anonymously or under a pseudonym are also eligible for copyright protection. For more details, contact a local attorney. Authors engaged in a collaborative creative activity that leads to the creation of a work – known as a work created in co-authorship – are considered co-authors. If a work created in co-authorship constitutes an indi - visible whole and is not otherwise provided for by con - tract or the aforementioned Law: • the property rights belong jointly to all co-authors and are exercised with their mutual consent; and • none of the co-authors has the right to refuse, without sufficient grounds, to grant permission to other co-authors for publication or adaptation of such work. If a work created in co-authorship consists of parts each of which can be used independently and is not otherwise provided for by contract or the above Law, each co-author has the right to exercise property rights over the part of the work created by them, pro - vided that such actions do not harm the normal use of the work and do not unjustly restrict the legitimate interests of the respective copyright holders. In the case of copyright infringement of a co-authored work, each co-author has the right to seek protection, including through legal action. Remuneration for the use of a co-authored work is divided equally among the co-authors unless other - wise established by contract or the above Law. 3.4 Copyright Rights In Ukraine, copyright consists of the author’s personal moral rights and the property rights of copyright hold - ers. The list of moral rights provided by the law is exhaus - tive, while the list of property rights is open-ended. The moral rights of the author include:
• the right to demand recognition of authorship; • the right to prohibit the mentioning of their name during any use of the work; • the right to choose a pseudonym, and to specify and demand the mentioning of the pseudonym instead of the real name of the author; • the right to demand the preservation of the integrity of the work, and to oppose any distortion, altera - tion or other modification of the work, including the addition of illustrations, prefaces, afterwords, com - ments, etc, without the author’s consent; • the right to provide a title to the work or to leave it untitled; and • the right to dedicate the work to a person (or per - sons), event or date. Personal moral rights belong exclusively to the author and cannot be transferred or inherited by other per - sons. The copyright holder has the right to use the work in any way(s), as well as the exclusive right to permit or prohibit the use of the work by other individuals. Methods of using the work include: • reproduction; • inclusion in a composite work; • inclusion in another work, excluding a composite work; • public performance, public display, public demon - stration, public notification, interactive provision of access to the public, and other methods of making the work available to the public; • translation; and • adaptation, arrangement and other similar altera - tions of the work. This list is not exhaustive. 3.5 Term of Protection and Termination In Ukraine, the general term of validity of copyright expires after 70 years, calculated from January 1st of the year following the year of the author’s death. • distribution of copies of the work; • importation of copies of the work; • leasing or lending copies of the work;
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