UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
For a work created during employment, the fol - lowing provisions are provided: • the moral rights belong to the employee whose creative labour produced such work; and • the 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. With respect to objects created by an artificial intelligence software, the Copyright and Relat - ed Rights Law provides the sui generis right to non-original objects generated by computer pro - grams, which are objects that differ from exist - ing 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-orig - inal objects generated by a computer program may include individuals who possess property rights or licensing authority for the computer program that created the work – specifically, authors of such computer programs, their heirs, individuals to whom authors or their heirs have transferred property rights to the computer pro - gram, or legitimate users of the computer pro - gram. The contract may specify the conditions of ownership of sui generis rights over non-original objects generated by relevant computer pro - grams. Works created anonymously or under a pseu - donym 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 indivisible whole and is not otherwise provided for by contract 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 permis - sion 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, provided 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 otherwise 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 holders. The list of moral rights provided by the law is exhaustive, while the list of property rights is open-ended.
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