UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
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 All original works – whether published or unpublished, completed or incomplete, regardless of their purpose, genre, scope or mode of expression – are subject to protection.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 indepen - dently – including the original title of the work, and original characters of the work when used separately from the work in which they are cre - ated – 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 discov - eries, 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 creation. The primary subject of copyright is the author. Other natural or legal persons who have acquired property rights to the work through a legal trans - action or by law may also be subjects of propri - etary 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 per - sons. Authors who jointly engage in creative activities to create a work (a work created col - laboratively) are considered co-authors.
• theatrical productions, stage adaptations and adaptations of intangible cultural heritage suitable for stage performance; • audiovisual works; • translated texts for dubbing (including voice- over), subtitling of audiovisual works into • works of applied art, including decorative weaving, ceramics, carving, casting, artistic glass, artistic forging, jewellery, etc; • architectural works, urban planning, land - scape architecture and landscaping; • works of artistic design; • derivative works; • collections of works, collections of adapta - tions of intangible cultural heritage, ency - clopaedias and anthologies, collections of common data, and other compiled works, provided they are the result of creative activity in the selection or arrangement of content; other languages; • works of fine art; • photographic works; • illustrations, maps, plans, drawings, sketches, plastic works related to geography, geology, topography, engineering, construction and other fields of activity; • computer programs; • databases (data compilations), if the selection or arrangement of their components is the result of intellectual activity; and • other works. The aforementioned list of protected works is not exhaustive. Any objects that may fall under the concept of works of literature, art and sci - ence, both presently and in the future, will be subject to copyright protection. Copyright protection may be granted to indus - trial designs if they meet the requirements for copyright protection.
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