UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
There are also specific requirements on the term of validity for works published anonymously or under a pseudonym. For more details, contact a local attorney. The term of copyright validity for a work created in collaboration expires after 70 years, calculated from January 1st of the year following the year of the last co-author’s death. The term of validity of intellectual property rights to an audiovisual work expires after 70 years, calculated from January 1st of the year follow - ing the year of the last author’s death. The law also specifies a special term of proprietary rights for unpublished works. For more details, con - tact a local attorney. Ukrainian legislation does not include provisions allowing early termination of proprietary rights. The author’s personal moral rights are protected indefi - nitely. 3.6 Collective Rights Management Systems In Ukraine, collective management of property rights is carried out by collective management organisations in accordance with the Law on Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights, which provides for voluntary collective rights management, based on an agreement between the rights-holder and the respec - tive organisation, as well as for mandatory rights man - agement in cases stipulated by the Copyright and Related Rights Law. There are several different collective rights manage - ment organisations in Ukraine that collect royalties on behalf of their members, depending on the field of creative activity and types of objects, as well as col - lective rights management organisations authorised by governmental authority for collecting royalties in cases of mandatory rights management. 3.7 Copyright Registration In Ukraine, a copyright in a work arises from the fact of its creation. For the establishment and exercise of copyright, registration of copyright or any other spe - cial formalities is not required. However, registration of the copyright is possible.
The author may register their copyright in the respec - tive state registry to authenticate their personal moral rights and/or property rights to the work (whether pub - lished or unpublished), as well as the fact and date of its publication and the acquisition of property rights under a contract or law. Each party to the contract concerning property rights to the work is entitled to register the contract in the IP Office, which issues a certificate for copyright registration and a decision on contract registration. A copyright holder may use the copyright protec - tion symbol © to indicate their ownership rights. This symbol should be accompanied by the name (or legal entity name) of the copyright holder and the year of the work’s first publication. 3.8 Copyright Application Requirements The state registration of copyright and agreements relating to the author’s rights to the work is carried out in accordance with the Rules adopted by the Ministry of Economy of Ukraine. The following documents and information are required: • an application, according to the established form; • a copy of the work; • a document confirming the fact and date of publi - cation of the work (if available); • a document on the payment of the established fee; • a document confirming the authority of the repre - sentative (if the application is filed with the partici - pation of the applicant’s representative); • a certificate of inheritance rights, if the application is filed by an heir; • documents confirming the creation of a work for hire in connection with the performance of duties by an employee – for more details, contact a local attorney; and • documents confirming the transfer and owner - ship of such rights, if the application is filed by the customer. The official fee for copyright registration is established by the Cabinet of Ministers of Ukraine, and may vary between EUR6 and EUR13 depending on the status of the person who has filed the application (an individual or a legal entity).
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