WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/C/1 
11 August 2008 
 (08-3793) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UKRAINE 
  The present document reproduces the text
1 of the Law on Copyright and Related Rights, 
Adopted on 23 December 1993, as last amended on 20 November 2003  as notified by Ukraine under 
Article 63.2 of the Agreement (see document IP/N/1/UKR/1).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur le droit d'auteur et les droits connexes 
adoptée le 23 décembre 1993, telle que modifiée en  dernier lieu le 20 novembre 2003, notifiée par 
l’Ukraine au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/UKR/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
  En el presente documento se reproduce el texto
1 de la Ley sobre el derecho de autor y 
derechos conexos, adoptada el 23 de diciembre de 1993, modificada por última vez el 20 de 
noviembre de 2003, que Ucrania ha notificado en vi rtud del párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/UKR/1). 
                                                      
 1 In English only. The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/UKR/C/1 
Page 2  
 
LAW OF UKRAINE 
“ON COPYRIGHT AND RELATED RIGHTS” 
 
( Vidomosti Verkhovnoyi Rady Ukrayiny (VVR) , 1994, No. 13, p. 64 )  
 
  ( Enacted by Resolution of the Verkhovna Rada  
    No. 3793-XII of December 23, 1993, VVR , 1994, No. 13, p.65 )  
 
  ( With amendments, made accord ing to the Laws of Ukraine   
 No. 75/95- ВР of February 28, 1995, VVR , 1995, No. 13, p. 85  
    No. 998-XIV of July 16, 1999, VVR , 1999, No. 41, p.373 )  
 
( In the wording of the Law of Ukraine  
  No. 2627-III of July 11, 2001, VVR , 2001, No. 43, p.214 )  
 
( With amendments, made according to the Laws of Ukraine 
No.  850-IV of May 22, 2003, VVR , 2003, No. 35, p.271  
  No. 1294-IV of November 20, 2003, VVR , 2004, No. 13, p.181 )  
  
( Throughout the text of the present Law, the words “regular members of a 
family” were replaced with the words “a fam ily” in respective cases according to the 
Law of Ukraine No. 850-IV of 22.05.2003 )  
 
"Law of Ukraine 
"ON COPYRIGHT AND RELATED RIGHTS" 
 
This Law shall protect personal non-proprietary rights and propr ietary rights of authors and 
their successors related to the creation and us e of works of science, literature and art - 
copyright, and the rights of performers, ma nufacturers of phonograms and videograms and 
broadcast organizations - related rights.  
SECTION I 
GENERAL PROVISIONS 
 
Article 1. Definitions 
 
For the purposes of this Law, the terms shall have the following meaning:  author - an individual who create d a work by his creative effort; 
 
audiovisual work - a work fixed on a certain ma terial medium (cinema film, magnetic tape or 
magnetic disk, CD, etc.) in the form of a series of  consecutive frames (images) or analog or discrete 
signals reproducing (encoding) moving images (wit h and without a soundtrack), the perception of 
which is possible exclusively by means of any sort  of a display (cinema screen, TV screen, etc.) on 
which the moving images are reproduced visually w ith the help of certain technical means. The 
varieties of an audiovisual work are movies, TV films, video films, 
diapositive film strips, slide films, etc. that can be fiction, animation (cartoons), non-fiction or 
other;  database (data compilation) - an aggregate of works, data or any other independent  IP/N/1/UKR/C/1 
 Page 3 
 
 
information in unrestricted form, including in electronic form, in which the selection and 
placement of components and their organiza tion result from creative work, and the 
components of which are availa ble individually and can be found via a spec ial retrieval 
system based on electronic (computer) or other means;  exclusive right - a proprietary right of a person holding copyright  and (or) related rights with 
respect to a work, performance, staging, a broadcast organization's transmission, a 
phonogram or videogram, entitling this person al one to use these obje cts of copyright and 
(or) related rights, and entitling this person alon e to permit or prohibit the use thereof by 
other persons within the term  stipulated by this Law; 
 performer - an actor (theatre actor, cinema act or, etc.), singer, musician, dancer or other 
person who acts, sings, recites, declaims, play s a musical instrument, dances or otherwise 
performs works of literature, art or folklore works, circus, variety and puppet shows, 
pantomimes, etc., as well as a conductor  of musical and musical drama works; 
 videogram manufacturer - an individual or a lega l entity that initiated and is responsible for 
the first video recording of a performance or any moving images (both with and without a 
soundtrack);  phonogram manufacturer - an indivi dual or a legal entity that in itiated and is responsible for 
the first sound recording of a performance or any sounds; 
 videogram - video recording on the appropriate  material medium (magnetic tape, magnetic 
disk, CD, etc.) of a performance or any moving images (with or without a soundtrack), except 
for the images in the form of a recording that is part of an audiovisual work. A videogram is 
the original material for th e manufacturing of its copies; 
 reproduction - manufacturing of one or more sp ecimens of a work, videogram, phonogram in 
any material form, as well as recording ther eof for temporary or permanent storage in 
electronic (including dig ital), optical or other computer-readable form; 
 state system of legal protecti on of intellectual property – the Institution and a total of of 
expert, scientific, educational, informational and other state institutions of the relevant 
specialization, which belong to the shere of management of the Institution (Article 1 was 
supplemented with this paragraph according to the Law of Ukraine No. 850-IV of 
22.05.2003).    rights management information - information, in cluding in electronic (digital) form, that 
identifies an object of copyright and (or) rela ted rights and the author or another person 
holding the copyright and (or) rela ted rights to this object, or the information concerning the 
conditions of using an object of  copyright and (or) related right s or any figures or codes in 
which such information is represented, when any of these elements of the information is attached to or incorporated in to a specimen of an object of c opyright and (or) related rights or 
appears in connection with its be ing presented for general notice; 
 author's name - an aggregate of words or marks identifying an author: author's last and first 
names; author's last name, first name and patrony mic; author's initials; author's pseudonym; a 
character (an aggregate of mark s) chosen by the author, etc.; IP/N/1/UKR/C/1 
Page 4  
 
 
recording (audio recording, vide o recording) - fixation of sounds and (or) moving images 
with the help of special technical means (i ncluding through digital presentation) on the 
appropriate material medium that allows thei r perception, reproduction or notification via the 
appropriate device;  transfer for property lease - assi gnment of the right to use and (or) possess an original or a 
specimen of a work, phonogram or videogram duri ng a certain term with the aim of deriving 
direct or indirect commercial benefit; 
 computer software - a set of instructions in the form of words, digits, codes, schemes, symbols or in any other form, expressed in a computer-readable form, that enable it to 
achieve a certain goal or result (this notio n covers both an operating system and an 
application expressed in output or object codes); 
 counterfeit specimen of a work, phonogram, vi deogram - a specimen of a work, phonogram 
or videogram reproduced, published and (or) distri buted in violation of copyright and (or) 
related rights, including specimens of th e works, phonograms and videograms that are 
protected in Ukraine and are imported into th e customs territory of Ukraine without the 
consent of the author or other copyright and (or)  related rights holder, in particular from the 
countries in which these works, phonograms and vi deograms have never been or have ceased 
to be protected;  promulgation (disclosure to the public) of a work - an action accomplished upon the consent 
of the author or other copyright  and (or) related rights holder th at makes a work  available to 
the public for the first time through publication,  public performance, public display, public 
demonstration, broadcast, etc.);  publication of a work, phonogram, videogram - i ssuance into circulati on, upon the consent of 
the author or other copyright and (or) rela ted rights holder, of specimens of a work, 
phonogram, videogram manufactured by printing, el ectronic or other means, in an amount 
that can satisfy, given the nature of the wo rk, phonogram or videogram, the reasonable needs 
of the public, through their sale, transfer fo r property lease, home or commercial rental, 
granting access to the work, phonogram, videogr am through electronic information systems 
in such a manner that any person can obtain it at any place and at any time at the person's 
own discretion, or by assigning the title thereto or  the right to possess th em by other methods. 
Publication of a work, phonogram, videogram al so means depositing a manuscript of a work, 
phonogram, or videogram in an open-access depos itory with the possibility of obtaining a 
specimen (copy) of the work, phonogram and videogram therefrom;  
collective management organization (organizati on for collective management of proprietary 
rights) - a non-profit organizati on that manages  the proprietar y rights of copyright and (or) 
related rights holders on a collective basis; 
 broadcast organization - an ai r broadcast organization or a cable broadcast organization; 
 air broadcast organization - a TV and radio organization broadcastin g radio or television 
transmissions and programs (produced by this organization or by othe r organizations) by   IP/N/1/UKR/C/1 
 Page 5 
 
 
transmitting on the air with the help of radio waves (and laser beams, gamma rays, etc.) in 
any frequency band (including via satellite);  cable broadcast organization - a TV and radio organization broa dcasting radio or  television 
transmissions and programs (produced by th is organization or by other organizations) 
through remote transmission of a signal w ith the help of a surface, underground or 
underwater (conductor, optical  fiber or other) cable; 
 person - an individual or a legal entity;  derivative work - a work that is a creativ e remaking of another existing work without 
prejudicing the existing work’s protection (anno tation, adaptation, arrangement, version of a 
folklore item, other remaking of a work) or a creative translation thereof into another language (derivative works sh all not include  audiovisual works obtained by dubbing, sound-
tracking of other audiovisual works, or by a dding subtitles thereto in Ukrainian or other 
languages);  specimen of a work - a copy of a work produced in any material form;  specimen of a phonogram - a copy of a phonogram  on the appropriate material medium 
produced directly or indirectly from this phonogr am and containing all sounds or a portion of 
the sounds fixed on the phonogram;  specimen of a videogram - a copy of a vide ogram on the appropriate material medium 
produced directly or indirectly from this vi deogram and containing all moving images or a 
portion of the moving images (with or w ithout a soundtrack) fixed on the videogram; 
 producer of an audiovisual work - a person th at organizes or organizes and finances the 
creation of an audiovisual work;  pseudonym - a fictitious name selected by an aut hor or a performer to identify his authorship; 
 public performance - presentation, upon consent of  copyright and (or) related rights holders, 
of works, performances, phonograms, broadcast organization transmissions by declamation, 
playing, singing, dancing and other method both  directly (live performance) and via any 
devices or processes (except for air or cable transmission) in places that are or can be 
attended by persons not belong ing to members of a family or  close acquaintances of this 
family, regardless of whether th ey are present in one place at  the same time or in various 
places at various times;  
public demonstration of an audiovisual wo rk, videogram - single or multiple public 
presentation to the public, upon consent of c opyright and (or) related rights holders, on  
premises that can be attended by persons not belonging to members of a family or close 
acquaintances of this family, of an audiovisu al work or a performa nce fixed on a videogram 
or any moving images;  public display - any demonstration of the orig inal or a specimen of a work, performance, 
phonogram, videogram, or broadcast organization transmission, with  the consent of copyright 
and (or) related rights holders, either directly or on a screen  by means of a film, slide, IP/N/1/UKR/C/1 
Page 6  
 
television frame, etc. (except for air or cable transmission) or via othe r devices or processes 
in places that are or can be attended by the pe rsons  not belonging to members of a family or 
close acquaintances of the displaying person's family, regardless of whether they are present 
in one place at the same time or in various places at various times (public display of an 
audiovisual work or a videogram also means demonstration of individual frames of an 
audiovisual work or a videogram w ithout observance of their sequence); 
 broadcast - air transmission, with  the consent of copyright and (or) related rights holders, via 
radio waves (as well as laser beams, gamma rays, etc.) including via satellite, or remote 
transmission by wires or any type of surf ace or underground (underwater) (conductor, fiber 
optic or other) cable in the form of signals (i ncluding encoded, if the publ ic receives decoding 
means from or with the consent of a broadcas t organization) of works, performances, any 
sounds and (or) images, broadcast organi zation transmissions (programs), fixed on 
phonograms (videograms) of performances or a ny sounds and (or) images, etc., where said 
transmission can be received by an unlimited num ber of persons in various places located at a 
distance from the place of transmission at wh ich the images or sounds cannot be received 
without said transmission;  reprographic reproduction - facsimile reproducti on of any size (including enlarged or 
reduced) of the original of a written or other graphic work or a specimen thereof by 
photocopying or other similar methods, except for recording in electronic (including digital), 
optical or other computer-readable form;  distribution of objects of copyr ight and (or) related rights - any action whereby objects of 
copyright and (or) related rights are offered to  the public directly or  indirectly, including 
notification of the public of th ese objects in such a manner that  its representatives can access 
these objects at any place and at any time at their own discretion; 
 course-of-duty work - a work created by an au thor in the course of his duty in accordance 
with his job or under an employment agreem ent (contract) between the author and the 
employer;  public domain - works and objects of related righ ts, the copyright and (or) related rights on 
which has expired;  work of architecture - a work of constructio n and landscape design ar t (drawings, sketches, 
models, erected buildings and facilities, parks, residential area layouts, etc.): 
 work of fine art - a sculpture, painting, dr awing, engraving, lithogra ph, a work of artistic 
(including stage) design, etc.; 
 
work of applied art - a work of  art, including art crafts, ha nd-made or created by industrial 
means for daily use, or one applied to  objects so used;  technical means of protection - technical devices and (or) t echnological means designed to 
create a technological obstacle to the infringeme nt of copyright and (or) related rights during 
receipt and (or) duplication of protected (enc oded) recordings in phonograms (videograms) 
and broadcast organization tran smissions, or to control acce ss to the use of objects of 
copyright and related rights;  IP/N/1/UKR/C/1 
 Page 7 
 
 
 
the Institution – the central body of executive power in the sphe re of intellectual property; 
 phonogram - sound recording on the appropriate mate rial medium (magnetic tape or magnetic 
disk, gramophone record, CD, etc.) of a perfor mance or any sounds, exce pt for the sounds in 
the form of a recording that is part of an  audiovisual work. A phonogram is the original 
material for producing specimens (copies) thereof;  quotation - a relatively brief excerpt from a lite rary, scientific or any other published work 
that is used, with a compulso ry reference to its author an d quotation sources, by another 
person in his work in order to make his stat ements more understandable or to refer to 
opinions of another author in the authentic wording. 
 
Article 2. Legislation of Ukraine on Copyright and Related Rights 
 
Ukrainian legislation on copyrig ht and related rights shall be  based on the Constitution of 
Ukraine and consist of the relevant rules of the Civil Code of Ukraine, this Law, the Laws of Ukraine "On Ownership", "On Cinematography" , "On Television and Radio Broadcasting", 
"On Publishing", "On Distribution of Specime ns of Audiovisual Works and Phonograms", 
and other legislative acts of Ukraine prot ecting personal non-proprietary rights and the 
proprietary rights of copyright  and related rights holders. 
 
Article 3. The Scope of This Law 
 
1. This Law shall be applicable to:  a) works specified in part one of Article 8 of this Law, and  objects of  related rights specified 
in Article 35 of this Law, regardless of  the place of their first promulgation (or non-
promulgated items that are located in Ukraine in  an objective form), the authors of or holders 
of copyright and (or) related right s to which are individuals - c itizens of Ukraine or those who 
are not citizens of Ukraine but have permanent re sidence in the territory of Ukraine, or legal 
entities having their permanent locati ons in the territory of Ukraine; 
 b) works specified in part one of Article 8 of th is Law and  objects of related rights specified 
in Article 35 of this Law that were first promulgated in the territory of Ukraine, or those that were first promulgated outside Ukraine, but we re thereafter promulgated in the territory of 
Ukraine within 30 days;  c) transmissions of broadcast or ganizations that are officially  located in the territory of 
Ukraine and broadcast via transmitters located in the territory of Ukraine; 
 
d) works of architecture and sculpture objec tively located in the territory of Ukraine; 
 e) works and objects of related rights protected pursuant to th e international agreements of 
Ukraine.  2. The provisions of this Law are aimed at pr otecting the personal non-p roprietary rights and 
proprietary rights of:  IP/N/1/UKR/C/1 
Page 8  
 
a) copyright holders specified in Article 7 of th is Law and  related righ ts holders specified in 
part one of Article 36 of this Law who are Ukra inian citizens or those who are not Ukrainian 
citizens but have permanent residence in th e territory of Ukraine (for legal entities - 
permanent locations in the territory of Ukraine), regardless of the territory in which their works or objects of related rights were first promulgated;  b) copyright holders specified in Article 7 of th is Law and related rights holders specified in 
part one of Article 36 of this  Law, regardless of their citi zenship and permanent residence 
(for legal entities - their locations), whose wo rks or objects of related rights were first 
promulgated in the territory of Ukraine, or thos e that were not promulga ted but are located in 
the territory of Ukraine in an objective form;  c) copyright holders specified in Article 7 of this Law and related rights holders specified in 
part one of Article 36 of this Law, regardless of their citize nship and permanent residence, 
whose works or objects of related rights were fi rst promulgated in another country and were 
promulgated thereafter in Ukraine within 30 days;  d) other persons who hold copyr ight and (or) related rights. 
 3. Copyright and (or) related rights holders, i rrespective of their citiz enship, whose works or 
objects of related rights were firs t promulgated in the territory of  another state, or those that 
were not promulgated but are located in an objec tive form in the territory of another state, 
shall be granted legal protection in accordance wi th the international agreements of Ukraine. 
 
Article 4. The Powers of the Institution in the Sphere of the Protection of Copyright and 
Related Rights 
 
1. The Institution shall ensure the implementa tion of State policy in the sphere of the 
protection of copyright and relate d rights, exercise its powers w ithin the scope stipulated in 
the law and carry out the following functions:  monitor the application and obser vance of domestic legislation and international agreements 
in the sphere of copyright and related rights;  keep records of collective management organi zations after their regi stration, supervise the 
activity of these organizations and provi de them with methodological assistance; 
 supervise the observance of this Law in comp liance with the procedure prescribed by the 
Cabinet of Ministers of Ukraine;  
act as an intermediary in negotiations and during the settlement of conflicts between 
collective management organizations, as well as between these organi zations and copyright 
and (or) related rights holders;  arrange for the drafting of standards and sche dules concerning minimum remuneration and its 
distribution among the authors and other copyrig ht and (or) related rights holders, and submit 
them to the Cabinet of Minist ers of Ukraine for approval; 
 provide reproducers, importers and exporters of specimens of audiovisual works, phonograms  IP/N/1/UKR/C/1 
 Page 9 
 
 
(videograms) with control stamps in accordance  with the Law of Ukra ine "On Distribution of 
Specimens of Audiovisual Works and Phonogram s", and keep the Uniform Register of 
Control Stamp Recipients;  arrange for the receipt and consideration of applications for the State registration of 
copyrights to works of science, literature and art, as well as the registration of contracts 
relating to copyright with  respect to works, and registration thereof; 
 ensure the drawing up and pe riodical publication of catal ogues of all State copyright 
registrations;  arrange for the publication of an official bulle tin on the protection of copyright and related 
rights;  ensure the development and implementation of  educational programs in the sphere of 
protection of copyright and related rights;  represent the interests of Ukrain e in matters of the protection of copyright and related rights 
before international organizations pu rsuant to effective legislation; 
 authorize the institutions of the State system of legal protection of intellectual property to 
perform, pursuant to their sp ecialization, individua l tasks stipulated in this Law, the 
Institution's Regulations, other normative and legal acts in the sphere of legal protection of 
intellectual property;  assists organization for collectiv e management of proprietary ri ghts of holders of copyright 
and (or) related rights holders in  their activities, related to the fulfillment of the functions, 
determined by Article 49 of the present Law; 
 
(part one of Article 4 was supplemen ted by the new paragraph fourteen  
according to the Law of Ukraine  No. 850-IV of 22.05.2003, 
therefore paragraph fourteen shall be considered paragraph fifteen) 
  perform other functions pursuant to the Institut ion's Regulations approve d in compliance with 
the established procedure.  2. The Institution shall be entitled to request from collective management organizations the 
information stipulated in part 7 of Article 48 of this Law. 
 
3. The Institution's activity shall be fina nced from the State budget of Ukraine. 
 
Article 5. Application of the Rule s of an International Agreement 
 
If an effective international agreement, which was approved as binding by the Verkhovna 
Rada of Ukraine, stipulates ot her rules than those set forth in  the legislation of Ukraine on 
copyright and related rights, the rules of th e international agreement shall be applied. 
 IP/N/1/UKR/C/1 
Page 10  
 
Article 6. Rights of Foreign Persons and Stateless Persons 
 
Foreign persons and stateless persons, accordi ng to international agreements or on the 
grounds of the principle of reci procity, shall enjoy rights equal to those of the persons of 
Ukraine stipulated in this Law.  IP/N/1/UKR/C/1 
 Page 11 
 
 
SECTION II 
COPYRIGHT 
 Article 7. Copyright Holders 
 
Copyright holders are the authors of works specified  in part one of Article  8 of this Law, their 
heirs and persons to whom authors or their heir s have assigned their proprietary copyrights. 
 
Article 8. Objects of Copyright 
 
1. Objects of copyright shall be works in the dom ain of science, literature and art, namely: 
 1) literary written works of ficti on, journalistic, scientific, tech nical or other nature (books, 
brochures, articles, etc.); 
2) speeches, lectures, orations, se rmons and other oral works; 
3) computer software; 
4) databases; 
5) musical works with or without lyrics; 
6) dramatic, musical drama works, pantomimes, choreographic and other works created for 
stage presentation and stag ing versions thereof; 
7) audiovisual works; 
8) works of fine art; 
9) works of architecture, city c onstruction, garden and park art; 
10) photographic works, including works made  by methods similar to photography; 
11) works of applied art, including works of d ecorative weaving, ceramic s, carving, casting, 
of art glass, jewelry, etc.; (item eleven of part one of Article 8 as amended, according to 
the Law of Ukraine No. 850-iV of 22.05.2003) 
12) illustrations, maps, layouts, drawings, sket ches, plastic works relating to geography, 
geology, topography, engineer ing, architecture and othe r spheres of activity; 
13) stage interpretations of works specified in clause 1 of this part, and folklore versions that 
can be presented on stage; 
14) derivative works; 
15) collections of works, collections of folklo re versions, encyclopedias and anthologies, 
collections of regular data, a nd other composite works, provi ded that they result from 
creative work involving the selection, co-ord ination or arrangement of the contents 
without prejudice to the copyright of works wh ich are included thereto as the integrated 
parts ; 
16) texts of translations for dubbing, soundtracking of and adding Ukrainian and other 
language subtitles to foreign audiovisual works; 
17) other works. 
 
2. Protection under this Law shall be granted to a ll works specified in part one of this Article, 
both promulgated and non-promulgated, finished  and unfinished, irrespective of their 
purpose, genre, volume, goals (education, information, advertising, propaganda, 
entertainment, etc.)  3. The legal protection stipulated in this Law shall be extended only to the form of expression 
of a work, and shall not apply to any ideas, theories, principles, methods, procedures,  IP/N/1/UKR/C/1 
Page 12  
 
processes, systems, manners, concepts, or discov eries, even if they are expressed, described, 
explained or illustrated in a work.  
Article 9. Protection of Copyright with Respect to a Portion of a Work 
 
A portion of a work that can be used independ ently, including the original title of a work, 
shall be considered a work and shall be protected pursuant to this Law. 
 
Article 10. Objects Not Covered by Protection 
 
The following items shall not be objects of copyright: 
 a) daily news or current events informati on that are regular press information; 
b) works of folk art (folklore); 
c) official documents of a politic al, legislative, or administ rative nature (laws, decrees, 
resolutions, court awards, State standards, et c.) issued by government  authorities within 
their powers, and official translations thereof; 
d) State symbols of Ukraine, government aw ards; symbols and signs of government 
authorities, the Armed Forces of Ukraine and other military formations; symbols of 
territorial communities; symbols and signs of enterprises, institutions  and organizations; 
e) bank notes; 
f) transportation schedules, TV and radio broad cast schedules and telephone directories and 
other similar databases that do not meet the originality criteria and to which the sui-generis right (a peculiar, sp ecial right) is applicable. 
 
The drafts of the official sym bols and signs specified in clause s d) and e) of this Article, 
before they are officially appr oved, shall be considered as wo rks and protected pursuant to 
this Law.   
Article 11. Arising and Exercise of Copy right. Presumption of Authorship 
 
1. The author of a work shall be the pr imary holder with whom copyright vests. 
 Unless proven to the contrary, the person indi cated as the author on the original or a 
specimen of a work shall be deemed th e author (presumption of authorship). 
 This provision shall also apply when a work is published under a pseudonym identifying the 
author.  
2. Copyright to a work shall arise by virtue of  the work’s creation. No registration of a work 
or any other special formalization thereof, nor performance of any other formalities shall be required for the onset and exercising of copyright. 
 3. In order to give notice of his rights, the pe rson holding copyright (author of a work or any 
other person who was lawfully granted prop rietary copyright to the work) can use the 
copyright protection sign. The sign sha ll consist of the following elements: 
an encircled Latin letter C - © the copyright holder's name  IP/N/1/UKR/C/1 
 Page 13 
 
 
the year of  first publication of the work. 
 The copyright protection sign shall be applied to the origin al and to every specimen of a 
work.  4. If a work was published anonymously or un der a pseudonym (except when a pseudonym 
unequivocally identifies the author), the publis her of the work (its name must appear thereon) 
shall be considered the author's  representative and shall have the right to protect the latter's 
rights. This provision shall remain effective until  the author of the work discloses his name 
and declares his authorship.  5. A copyright holder, in order to certify hi s authorship (copyright) with respect to a 
promulgated or non-promulgated work, the fact and date of publication of the work, or to 
certify contracts relating to the author's right to  a work, may have its copyright registered at 
any time during the copyright protection te rm in the official State registers. 
 The State registration of copyright or of contracts relating to the author's right to a work shall 
be implemented by the Institution in complianc e with the procedure ap proved by the Cabinet 
of Ministers of Ukraine. The Institution shall draw up and periodically issue catalogues of all State registrations.  The fees prescribed by the Cabine t of Ministers of Ukraine sha ll be paid for the preparation 
by the Institution of the State registration of  copyright and the contracts relating to the 
author's right to a work.  The Institution shall issue a certif icate concerning the registration of copyright with respect to 
a work. The State duty shall be paid for the issuance of the certificat e, and the relevant 
proceeds shall be transferred to the State budget  of Ukraine. The amount of the State duty 
charged for the issuance of the certificate an d the relevant payment procedure shall be 
stipulated by legislation.  A person possessing the material object in which a work is embodied (expressed) shall not 
impede copyright registration by the person holding the copyright. 
 
Article 12. Copyright and Ownership Right to the Material Object in which a Work is 
Embodied 
 
1. Copyright and ownership right to the material  object in which a work is embodied shall not 
be inter-dependent. The alienation of the materi al object in which a work is embodied shall 
not mean the alienation of copyright and vice versa. 
 
2. The owner of the material object, in which the original of a work of art or architecture is 
embodied, shall not be allowed to destroy the object wit hout first offering it to  the author at a 
price which shall not exceed the value of the mate rials used for the creation thereof. If it is 
impossible to preserve the object in which the original of a work is  embodied, the owner of 
the material object in which the original of the work is embodi ed shall allow the author to 
make a copy of the work in the relevant form, and with respect to an architectural structure - 
to take a photographic picture thereof.  IP/N/1/UKR/C/1 
Page 14  
 
Article 13. Co-Authorship 
 
1. Co-authors are persons w hose joint creative effort resulted in a work. 
 Copyright with respect to a work created in co -authorship shall be vest ed with all co-authors 
irrespective of whether the work  is a single inseparable item or is composed of parts each 
having independent significance.  Relations between co-authors shall be stipul ated by an agreement made between them. 
 The right to publish or otherwise use a work as a whole shall be vested  with all co-authors. 
 If a work created in co-authorship is a single inseparable item, neither co-author shall, without sufficient grounds, deny permission to the other author s to publish or otherwise use 
or alter the work.  In the event of a violation of a joint copyri ght, each co-author may prove his rights by court 
procedure.  2. If a work created in co-aut horship consists of parts each  having independent significance, 
each of the co-authors shall be entitled to use the part he created at his own discretion, unless 
otherwise stipulated in an agreement between the co-authors.  3. Copyright to an interview shall also be regarded as co-authorsh ip. Co-authors of an 
interview shall be the interviewee and the interviewer.  A recording of an interview can be publis hed only with the interviewee's consent. 
 4. Remuneration for the use of a work shall belong to co-authors in equal portions, unless 
otherwise stipulated in an  agreement between them. 
 
 Article 14. Author's Personal  Non-Proprietary Rights 
 
The following personal non-proprietary rights  shall be vested with the author: 
 1) to require recognition of his authorship by properly indicating the author's name on a work 
and its specimens and during any public  use of the work, if practicable; 
 2) to prohibit the mentioning of his name duri ng a public use of a work, if the author wishes 
to remain anonymous; 
 3) to choose a pseudonym, to indicate and requ ire indication of a pseudonym instead of the 
author's real name on a work and its sp ecimens and during any public use thereof; 
 4) to require preservation of th e integrity of a work, and to counteract any twisting, distortion 
or other alteration of a work, or any other encroachment thereon that may prejudice the 
author's honor and reputation.   IP/N/1/UKR/C/1 
 Page 15 
 
 
2. The author's personal non-propri etary rights shall not be a ssigned (alienated) to other 
persons.  
Article 15. Proprietary Ri ghts of an Author 
 
1. The proprietary rights of an author (or othe r copyright holder) sha ll include the following: 
 a) the exclusive right to use a work;  b) the exclusive right to allow or proh ibit the use of a work by other persons. 
 The proprietary rights of an author (or other copyright holder) can be assigned (alienated) to 
another person in compliance w ith the provisions of Article 31 of this Law, whereupon this 
person shall become a copyright holder. 
 2. An author’s (or other copyright holder’s) excl usive right to use a work shall allow him to 
use the work in any form and in any manner.  3. The exclusive right of an aut hor (or other copyright holder) to  allow or prohibit the use of a 
work by other persons shall entitle him to allow or prohibit:  1) reproduction of works; 
2) public performance and broadcast of works; 
3) public demonstration and public display of works; 
4) any repeated  promulgation of works, if carried out by an or ganization other than the one 
that carried out the first promulgation; 
5) translations of works; 
6) versions, adaptations, arrangements and other similar alterations to works; 
7) inclusion of works as component s into collections, databases, anthologies, encyclopedias, 
etc.; 
8) distribution of originals of wo rks and their specimens by first sale or alienation by another 
method or by transferring for property lease or  rental, and by other transfer prior to the 
first sale of specimens of a work; 
9) general notification of the public of his work s in such a manner that its representatives 
can access the works at any place and at any time at their own discretion; 
10) transfer for property lease and (or) commercial rental after the first sale, alienation by 
another method of the original  or specimens of audiovisual  works, computer software, 
databases, musical works as sheet music, as well as of works fixed on a phonogram or 
videogram or in a computer-readable form; 
11) import of specimens of a work. 
 
This list is not exhaustive.  4. Authors' exclusive rights to use works of ar chitecture, city constr uction, garden and park 
art shall also envisage their right to particip ate in the implementation of the relevant work 
projects.  5. Except for the cases stipulated  in Articles 21 through 25 of this  Law, an author (or other 
copyright holder) shall have the right to requ ire payment of remuneration for any use of a IP/N/1/UKR/C/1 
Page 16  
 
work. The remuneration can be effected in the form of a one-time (lump sum) payment, or 
deductions for each specimen sold or for each use of a work (royalty) or mixed payments.  The amount of and procedure for paying the auth or's remuneration for the creation and use of 
a work shall be stipulated in an author’s contract or contracts made upon requests of copyright holders between colle ctive management organizations and persons who use works. 
 The Cabinet of Ministers of Ukraine may establish minimum rates of the author's 
remuneration and the procedur e for their application.  
 (Paragraph three of part five of Article 15 as amended according to the Law of Ukraine 
No. 850-IV of 22.05.2003)  6. The proprietary rights restrict ions stipulated in Articles 21 through 25 of this Law shall be 
effected, provided that they do not prejudice normal use of a work or unjustifiably limit the 
author's legitimate interests.  7. If specimens of a lawfully published work ar e legally put into civ il circulation through 
their first sale in Ukraine, it shall be permissi ble to repeatedly introduce them into circulation 
through sale, bestowal, etc. without the consent of the author (or othe r copyright holder) and 
without payment of the author's remuneration, and with respect to works of fine art - subject 
to the provisions of Article 27 of this Law. However, in this event the right to transfer for property lease or commercial re ntal shall be preserved exclus ively by the copyright holder. 
 
Article 16. Copyright with Respect to Course-of-Duty Works 
 
1. Personal non-proprietary copyright  with respect to a course-o f-duty work shall be vested 
with the author thereof.  2. The exclusive proprietary right to a course-of-duty work shall be vested with the employer, 
unless otherwise stipulated by an employment  agreement (contract) and (or) civil-law 
contract between the au thor and the employer. 
 3. The amount of the author's remuneration for th e creation and use of a course-of-duty work, 
as well as the relevant payment procedure, sh all be stipulated in th e employment agreement 
(contract) and (or) civil-law contract between the author and the employer. 
 
Article 17. Copyright with Respect to an Audiovisual Work 
 
1. The authors of an audiovisual work shall be: 
 
a) the director; 
b) the author of the script and (or) texts or dialogues; 
c) the author of a musical work with or withou t lyrics, specially created for the audiovisual 
work; 
d) art director; 
e) cameraman. 
  IP/N/1/UKR/C/1 
 Page 17 
 
 
One and the same individual can carry out two or more of the author's functions indicated in 
this part.  2. Unless otherwise stipulated in a contract for the creation of an audiovisual work, the 
authors who contributed or undert ook to contribute to the crea tion of the audiovisual work 
and assigned the proprietary righ ts to an organizati on that manufactures th e audiovisual work, 
or to the producer of the audiovisual work, shall not have the right to object to the 
performance of the work, repr oduction, distribution, public display, public demonstration, or 
broadcast thereof, or to the s ubtitling or dubbing of its text, ex cept for the right to carry out 
separate public performance of the musical works incorporated into the audiovisual work. All 
authors of the audiovisual work shall preserve the right to receive a fa ir remuneration for the 
promulgation and each public performance, display, demonstration or broadcast of an audiovisual work, transfer thereof for propert y lease and (or) commercial rental of its 
specimens; the remuneration shall be distribu ted and paid out by collective management 
organizations or by another method.  3. Authors whose works have been incorporated into an audiovisual work (both those that 
existed before and those created in the pro cess of working on the audiovisual work) shall 
preserve the copyright with respect to each of th eir works, and can use it independently of the 
entire audiovisual work, unless otherwise stipulat ed in a contract with  the organization that 
manufactures the audiovisual work, or w ith the producer of the audiovisual work. 
 
Article 18. Copyright with Respect to Computer Software 
 
Computer software shall be pr otected as literary works. Such a protection shall cover 
computer software irrespective of th e method or form of its expression. 
 
Article 19. Copyright with Respect to Collections And Other Composite Works 
 
1. The author of a collection and other compos ite works (compiler) sh all hold the copyright 
with respect to his selection and placement of the works and (or) other data resulting from his 
creative effort (compiling).  The compiler of a composite work shall hold the copyright provided that he observes the 
rights of the authors of e ach of the works incorporated in the composite work. 
 The authors of the works incorporated in a co mposite work shall be entitled to use their 
works independently of the composite work, unless otherwise stipulated by the author's 
contract with the compile r of the composite work. 
 
The copyright of the compiler of a compos ite work shall not hinder other persons' 
independent selection or placement of the same  works and (or) other data for creating their 
own works.  The legal protection of databases stipulated in  this part shall not apply to the data or 
information itself, nor shall it affect any copy right associated with th e data or information 
incorporated in a database.  IP/N/1/UKR/C/1 
Page 18  
 
2. The publishers of encyclopedias, encyclope dic dictionaries, periodic collections, 
collections of scientific works, newspapers, magazines and other periodicals shall hold the 
exclusive rights to use such pub lications in their entirety. The publisher shall be entitled to 
indicate his name or to require  indication thereof in the publicat ions with respect to any use 
of such publications.  The authors of the works incorporated in such pu blications shall preserve the exclusive rights 
to use their works irrespective of the entire publication, unle ss otherwise stipulated by an 
author's contract.  
Article 20. Copyright of Translators a nd Authors of Other Derivative Works 
 
1. Translators and authors of ot her derivative works shall hold a copyright with respect to 
their translation, adaptation, arra ngement or other re-making. 
 The translator and (or) the aut hors of other derivative works shall hold the copyright with 
respect to their work provided that they observe  the rights of the author  whose work has been 
translated, adapted, arranged or otherwise remade.  2. The copyright of translator s and (or) authors of other de rivative works shall not hinder 
other persons' translation and remaking of the same works. 
 
Article 21. Free Use of a Work with the Indication of the Author's Name 
 
The following shall be permitted without the c onsent of the author (or other copyright 
holder), but with mandatory indi cation of the author's name a nd of the source of borrowing: 
 1) to use quotations (brief excerpts) form pub lished works to the extent justified by the 
intended purpose, including quot ations from newspaper and ma gazine articles in the form 
of press reviews, if this is required by the critical, polemic, scientific or informational 
nature of the work incorporat ing the quotations; to freely us e quotations in the form of 
brief excerpts from performances and work s incorporated in a phonogram (videogram) or 
a broadcast program; 
 2) to use literary works and works of art to th e extent justified by th e intended purpose as 
illustrations in publications, broadcasts, sound recordings or video recordings of an educational nature; 
 3) to reproduce in the press, to  carry out public performance or broadcast of previously 
published newspaper or magazine articles on current economic, political, religious and 
social issues, or broadcast works of the same  nature, when the right to carry out such a 
reproduction, broadcast or ot her public communication has not been specially prohibited 
by the author; 
 4) to reproduce, in order to present curr ent events by means of photography or 
cinematography, to carry out broadcasting or  other public communication of the works 
seen or heard in the course of such events  to the extent justified by the informational 
purpose; 
  IP/N/1/UKR/C/1 
 Page 19 
 
 
5) to reproduce works displayed at exhibitions, au ctions, fairs and collections that are open 
to the public in catalogues fo r coverage of events mentio ned above, without the use of 
these catalogues for commercial goals;  (item fi ve of part one of Ar ticle 21 in the wording 
of the Law No. 850-IV of 22.05.2003)  
 6) to issue works for the blind, pub lished in Braille characters; 
 
7) to reproduce works for court and administrative proceedings, to the extent justified by this 
purpose; 
 8) to carry out the public performance of musical work s during official and religious 
ceremonies, as well as funerals, to the extent justified by the nature of such ceremonies; 
 9) to reproduce for informational purposes in news papers and other periodicals, to transmit 
by air or otherwise broadcast publicly delive red speeches, addresses, reports and other 
similar works, to the extent justified by the intended purpose; 
 10) to reproduce a work for the purposes and unde r the conditions stipulated in Articles 22 
through 25 of this Law. 
 This list of freely usable works is exhaustive.  
Article 22. Free Reprographic Reproduction by Libraries and Archives of Specimens of 
a Work 
 
It shall be permissible for libraries and archives , the activity of which is  not aimed, directly or 
indirectly, at earning profit, to  reprographically reproduce, wit hout the consent of the author 
or other copyright holder, one specimen  of a work, subject to the following: 
 1) when a reproduced work is a separately pub lished article a nd other small works or excerpts 
from written works (except for computer so ftware and databases), with or without 
illustrations, and when the reproduction is ma de upon individuals' requests, provided that: 
 a) a library or archive has sufficient reason to be lieve that such a specimen will be used for 
the purpose of education, tr aining or private research; 
b) reproduction of the work is a single, not a regular, event; 
c) there are no restrictions on th e part of collective manageme nt organizations concerning 
the terms and conditions for producing such specimens; 
 2) when reproduction is made to preserve or replace a lost, damaged or unusable specimen of 
the library or archive, or to renew a lost, da maged or unusable specimen from the storage of a 
similar library or archive, and it is impossibl e to obtain such a specimen by other means, and 
when reproduction of the work is  a single, not a regular, event. 
 
Article 23. Free Reproduction of Sp ecimens of a Work for Training 
 
The following shall be permitted without the consen t of the author or other copyright holder: 
 IP/N/1/UKR/C/1 
Page 20  
 
1) to reproduce excerpts from published writte n works or audiovisual works as illustrations 
for training, provided that the ex tent of the reproduction is co nsistent with said purpose; 
 2) for educational institutions to reprographi cally reproduce for classroom lessons published 
articles and other small works and excerpts from  written works, with or without illustrations, 
provided that:  a) the extent of the reproduction is  consistent with said purpose; 
b) reproduction of the work is a single, not a regular, event; 
c) there are no restrictions on th e part of collective manageme nt organizations concerning 
the terms and conditions for the reproduction. 
 
Article 24. Free Copying, Modification a nd Decompilation of Computer Software 
 
1. A person lawfully possessing a specimen of com puter software shall be entitled to do the 
following without the consent of the author or other person hold ing the copyright with respect 
to the software:  1) to change (modify) the computer software wi th the aim of ensuring its operation when it is 
used with the user's technical equipment, and performing the actions re lated to the operation 
of the computer software in accordance with its purpose, in particular, to  record and store in 
computer memory and to correct evident errors , unless otherwise stipulated by an agreement 
with the author or other person holding the copyright; 
 2) to manufacture one copy of computer softwa re, provided that the copy is made only for 
archival purposes or to repla ce a lawfully acquired specimen in  case the original computer 
software is lost, destroyed or becomes unusable. In this case, the copy of the computer software shall not be used for purposes other than those specified in this clause and clause 1 of this part, and shall be destroyed if posse ssion of a specimen of the computer software 
ceases to be lawful;  3) to decompile computer software (to transform its object code into output text) with the aim of obtaining the information required for the achievement of its interaction with 
independently developed computer softwa re, subject to the following conditions: 
 a) this person previously had no other sources of access to the information necessary for the 
achievement of the interaction; 
b) said actions are performed only with respect to those computer  software portions that are 
necessary for the achievement of the interaction; 
c) the information obtained upon decompilation shall be used only to achieve its interaction 
with other software, and shall not be transferred to other pe rsons, except when this is 
necessary for the achievement of compatibility with other software, and shall not be used 
for the development of  computer software th at looks similar to the decompiled computer 
software, or for any other copyright-infringing action; 
 4) to observe, study and modify the functioni ng of computer software to understand the 
underlying ideas and principles, pr ovided that this is done in the course of performing any 
action such as loading, display, functioning, tr ansfer, or storing in memory (saving) the 
computer software.  IP/N/1/UKR/C/1 
 Page 21 
 
 
 
2. The enforcement of the provisions of this Ar ticle shall not prejudi ce the use of computer 
software nor restrict the legitimate interests of the author and (or) of other person holding the 
copyright with respect to the computer software.  
Article 25. Free Reproduction of Works for Personal Purposes 
 
1. It shall be permissible to re produce exclusively fo r personal purposes or for members of a 
family, without the consent of the author (or other copyright holder) and without payment of 
the author's remuneration, works previously pr omulgated in a lawful way, except for the 
following:  a) works of architecture in the form  of buildings and facilities; 
b) computer software, except in the cases stipulated in Article 24 of this Law; 
c) to reprographically reproduce books, sheet music and original works of fine art, except in 
the cases stipulated in Arti cles 22 and 23 of this Law; 
d) works, performances of which have been  fixed on phonograms or videograms,  and 
specimens thereof. 
 
2. It shall be permissible to reproduce wo rks and performances fixed on phonograms, 
videograms and specimens thereof, in home c onditions and exclusively for personal purposes 
or for a regular family members and close acqu aintances of this family, without the consent 
of the author(s), performers , manufacturers of the phonogram s, or manufacturers of the 
videograms, by paying remuneration. The specific s of the payment of the remuneration in 
this case are stipulated in Article 42 of this Law. IP/N/1/UKR/C/1 
Page 22  
 
Article 26. The Right to Have Ac cess to a Work of Fine Art 
 
Upon transferring a work of fine art or a mate rial object in which this  work is embodied, to 
the ownership of another person, the author shall be entitled to demand access to such a work for the purpose of using it for reproduction (ma nufacturing of specimens, slides, post cards, 
revisions, etc.) provided that this  does not prejudice the legitimate rights and interests of the 
owner of the work of fine art. The owner ca nnot deny the author access to the work without 
sufficient grounds. The owner of the work cannot be requested to deliver the work to the 
author.  
Article 27. The Right to Succeed 
 
The author of a work of fine art, and, in th e event of his death, his heirs shall enjoy, during 
the term stipulated in Article 28 of this Law with respect to the original works of fine art sold by the author, the inalienable right to receive five  percent of the price of every next sale of 
the work via an auction, galler y, showroom, shop, etc., that follo ws the first sale thereof by 
the author of the work (the right to succeed). The remuneration shall be paid in this case by 
said auctions, galleries, showrooms, shops, etc.  The collection and payment of the remuneration, re sulting from the exercise of the right to 
succeed, shall be implemented by the author pe rsonally, through the author's agent or through 
collective management organizations.  
Article 28. Period of Validity of Copyright 
 
1. Copyright to a work shall arise as a result of  the fact of its being created and shall start 
being effective on the day of creation of the work.  2. Copyright shall remain in effect throughout th e author's lifetime and for 70 years after his 
death, except in the cases stipulated in this Article.  3. With respect to works promulgated anony mously or under a pseudonym, the period of 
validity of copyright shall terminate 70 year s after the promulgation of the work. If a 
pseudonym accepted by an author leaves no doubts as to the author's identity, or if the author 
of a work, promulgated anonymously or u nder a pseudonym, is disclosed not later 
than 70 years after the promulgation of the wor k, the term stipulated in part two of this 
Article shall apply.  4. Copyright to works created in co-authorship  shall remain in effect throughout the co-
authors' lifetimes and for 70 years af ter the death of the last co-author. 
 
5. If an entire work is published (promulgated) no t in its entirety, but in consecutive volumes, 
parts, issues, series, etc., the pe riod of validity of its copyright shall be stipulat ed separately 
with respect to each published (p romulgated) portion of the work. 
  IP/N/1/UKR/C/1 
 Page 23 
 
 
6. The term of protection of copyright with re spect to works of posthumously rehabilitated 
authors shall remain in effect fo r 70 years after th eir rehabilitation. 
 7. Copyright to a work that was first published within 30 years after the author's death shall 
remain in effect for 70 years after the date of the lawful publication thereof. 
 8. Any person who promulgates a non-promulgated work for the first time after expiration of 
the term of protection of copyright with respec t to the work, shall enjoy protection equal to 
the protection of the author's proprietary rights.  The term of protection of these rights shall 
be 25 years after the time when the work was first promulgated.  9. The term of protection of copyr ight prescribed in parts 2 - 8 of this Article shall expire on 
January 1 of the year that follows  the year of occurrence of the legal facts stipulated in said 
parts.  10. The author's personal non-proprietary rights stip ulated in Article 14 of this Law shall be 
protected in perpetuity.  
Article 29. Inheriting Copyright 
 
1. The proprietary rights of au thors and other copyrig ht holders shall be  inheritable. An 
author's personal non-proprietary ri ghts shall not be inheritable. 
 2. Heirs shall have the right to protect the auth orship of a work and to counteract mangling, 
distortion or other alteration of a work, as well  as any other encroachme nt on a work that may 
prejudice the author's honor and reputation.  
Article 30. Works Falling in to the Public Domain 
 
1. The expiration of the period of validity of copyright with respect to works means their 
falling into the public domain.  2. Works that have fallen into the public dom ain can be used freely by any person without 
payment of the author's remuneration subjec t to observance of the author's personal non-
proprietary rights stipulated in Article 14 of this Law. 
 3. The Cabinet of Ministers of Ukraine may pres cribe special deductions to the funds of artist 
unions of Ukraine for the use in the territory of  Ukraine of works that have fallen into the 
public domain.  
Article 31. Assignment (Alienation) of Pr oprietary Rights of Copyright Holders 
 
1. The author (or other copyright holder) can assi gn his proprietary rights  specified in Article 
15 of this Law to any other person fully or partially. The assignment of copyright of the 
author (or other copyright holder) shall be formalized by an author's contract. 
 The proprietary rights that are assigned under an author's contra ct shall be stipulated therein. 
Proprietary rights not specified in  the author's contract as bein g alienated shall be deemed not 
assigned. IP/N/1/UKR/C/1 
Page 24  
 
 
2. The proprietary right of a c opyright holder - legal entity can  be assigned (alienated) to 
another person in compliance with the procedure stipulated  by law following liquidation of 
the legal entity - copyright holder. 
 
Article 32. Assignment of the Right to Use a Work 
 
1. The author and other copyright  holder shall have the exclus ive right to grant to other 
persons permission to use a work, by any si ngle method or by all known methods, on the 
basis of an author's contract.  A work shall be used by any person exclusively on the basis of an author's contract, except 
for the cases stipulated in Artic les 21 through 25 of this Law. 
 2. The right to use a work shall be assigned to other persons on the basis of an author's 
contract for the assignment of the exclusive right to use the work or on the basis of an 
author's contract for the assignment of  a non-exclusive right to use the work. 
 3. Under the author's contract for the assignmen t of the exclusive right  to use the work, the 
author (or other copyright holder) shall assign the right to use the work in a certain manner 
and within the prescribed scope  only to one person to which th ese rights are assigned, and 
shall authorize this person to permit or prohibit similar use of the work by other persons. The person assigning the exclusive right to use the wo rk shall preserve the right to use this work 
only to the extent of the ri ghts that are not assigned. 
 4. Under the author's contract for the assignmen t of the non-exclusive ri ght to use the work, 
the author (or other copyright holder) shall as sign the right to use the work in a certain 
manner and within the prescribed scope. The person assigning the non-exclusive right shall 
preserve the right to use this work and to a ssign the non-exclusive right  to use the work to 
other persons.  5. The right to assign to any pe rsons non-exclusive rights to use works shall be vested with 
the collective management organizations or ot her persons to which copyright holders have 
assigned the powers to manage their proprietary copyrights. 
 6. The rights to use a work that are assigned un der an author's contract shall be deemed non-
exclusive if the contract does not stipulate the assignment of the exclusive rights to use the 
work.  IP/N/1/UKR/C/1 
 Page 25 
 
 
Article 33. Contracts Author izing the Use of Works 
 
1. Contracts concerning the assignment of ri ghts to use works shall be made in writing. A 
contract concerning the use (publ ication) of a work in period icals (newspapers, magazines, 
etc.) can be made orally.  2. A contract concerning the assignment of right s to use works shall be deemed concluded if 
the parties agree on all essential terms and co nditions (contract term, the method of using a 
work, the territory covered by the assigned righ t, the amount and procedure for paying the 
author's remuneration, as well as other term s and conditions with respect to which an 
agreement should be reached at the request of one of the parties). 
 The author's remuneration shall be  stipulated in the contract as percentages of the income 
derived from the use of a work, or as a fixed amount, or otherwise. The author's remuneration 
rates shall not be lower than the minimum rates established by the Cabinet of Ministers of Ukraine.  3. Rights that did not exist at the time of conc lusion of the contract cannot be the subject 
matter of a contract for the assignment of the rights to use a work.  4. The appropriate agencies and artist uni ons can draft model author's contracts. 
 5. Contract conditions that worsen an author's (his legal successo r's) situation as compared to 
the situation established by effec tive legislation shall be invalid. 
 6. Under an author's contract of request, the author undertakes to  create a work in the future 
in accordance with the terms and conditions of such contract and to transfer it to the 
customer. The contract can stipulate payment of an advance to the author by the customer as 
a portion of the author's remuneration.  7. Contract terms and conditions that restrict the author's right to create future works on a 
subject indicated in the cont ract or in the indicated sphere shall be invalid. 
 8. All proprietary rights  concerning the use of a work th at are assigned under an author's 
contract shall be stipulated therein. Proprietary rights not specified in the author's contract as 
assigned by a copyright holder shall be deemed not assigned, and shall be reserved by the 
copyright holder.  
Article 34. Liability for Default under an Author's Contract 
 
1. A party that fails to perform or improperly performs, obligations under an author's contract 
shall reimburse to the other party all damages, including lost profit. 
 2. If an author does not transfer a work to  a customer in accordan ce with the terms and 
conditions set forth in an author 's contract of request, he sha ll reimburse to the customer the 
damages, including lost profit.  3. Disputes concerning liability for defaults under author's contracts shall be resolved by court. IP/N/1/UKR/C/1 
Page 26  
 
 
SECTION III 
 RELATED RIGHTS 
 
Article 35. Objects of Related Rights 
 
Objects of related rights, irresp ective of destination, contents, evaluation, or method and form 
of expression, shall be:  a) performances of literary, dramatic, musical, musical drama, choreographic, folklore and 
other works; 
b) phonograms, videograms; 
c) broadcast organization br oadcasts (programs). 
  
Article 36. Related Rights Holders 
 
1. Related rights holders shall be:  a) performers of works, their heirs and pers ons to whom related proprietary rights to 
performances have been assigned on legal grounds; 
b) manufacturers of phonograms, their heirs (s uccessors) and persons to whom related 
proprietary rights to phonograms ha ve been assigned on legal grounds; 
c) manufacturers of videograms, their heirs (successors) and persons  to whom related 
proprietary rights to videograms ha ve been assigned on legal grounds; 
d) broadcast organizations and their successors. 
 
2. Performers shall exercise thei r rights subject to their observa nce of the rights of the authors 
of the works performed, or of other copyr ight holders. Manufactu rers of phonograms and 
manufacturers of videograms shall observe the rights of copyright holders and performers. 
Broadcast organizations shall observe the ri ghts of copyright holders, performers and 
manufacturers of phonograms (videograms).  
Article 37. Arising and Exercise of Related Rights 
 
1. The primary related rights holders shall be  the performer, the manufacturer of a 
phonogram, the manufacturer of a videogr am and the broadcast organization. 
 2. A related right shall arise by virtue of th e performance of a wor k, the manufacture of a 
phonogram, the manufacture of a videogram and the promulgation of a broadcast 
organization's transmission. 
 3. No formalities shall be required for the arising and exercise of related rights.  IP/N/1/UKR/C/1 
 Page 27 
 
 
The performer, manufacturer of a phonogram or manufacturer of a videogram, in order to 
give notification of his related rights, can use the related ri ghts protection sign on 
phonograms, videograms and all specimens thereof that are distributed among the public on 
legal grounds, or on the packages thereof. This  sign shall consist of the following elements: 
− the encircled Latin letter P; 
− the name of the person holding relate d rights to these phonograms (videograms); 
− the year of first publication of a phonogram (videogram). 
 
Unless there is evidence to the contrary, the performer, the manufacturer of a phonogram or 
videogram are deemed to be the persons whose names are indi cated on the phonogram, 
videogram and specimens or packages thereof.  4. The Cabinet of Ministers of Ukraine may pr escribe minimum rates of remuneration for the 
use of objects of related rights and the procedure of their indexation. 
 
Article 38. Performers' Personal  Non-Proprietary Rights and Rights to the Name That 
Can Be Vested with the Manufacturers of  Phonograms, Videograms and Broadcast 
Organizations 
 
1. The performer of a work shall hold th e following personal non- proprietary rights: 
 a) to require recognition that he  is the performer of the work; 
 b) to require that his name or pseudonym be indicated or announced in  connection with each 
of his appearances, recordings or performances (whenever possible); 
 c) to require provision of the proper recording quality of his performance and the right to 
counteract any mangling or distor tion thereof or other essential amendments thereto that can 
prejudice his honor and reputation.  2. The manufacturer of a phonogram  or the manufacturer of a vi deogram shall be entitled to 
affix his name to every recorded medium or  its package along with the indication of the 
authors, performers and titles of works, and to require that he be mentioned when a 
phonogram (videogram) is used.  3. The broadcast organization shall be entitled to require that its na me be mentioned in 
connection with the recording, reproduction  and distribution of its tran smission and repeated 
broadcasts thereof by anot her broadcast organization. 
 
Article 39. Performers' Proprietary Rights 
 
1. Performers' proprietary rights shall be thei r exclusive right to pe rmit or prohibit other 
persons taking the following actions: 
 
a) broadcast of their non-fixed performances (live broadcast); 
 b) fixation in phonograms or videograms of thei r performances that have not been fixed 
before;  IP/N/1/UKR/C/1 
Page 28  
 
 
c) reproduction (direct and (or) indirect) of thei r performances that were fixed without their 
consent in a phonogram or videogram, or with  th eir consent,  if the reproduction is carried 
out for a purpose other than the one to  which they granted their consent; 
 d) distribution of their performances fixed on a phonogram or videogram through first sale or 
other title transfer in the case when during th e first fixation of a pe rformance they did not 
authorize the manufacturer of  a phonogram (manufacturer of a videogram) to subsequently 
reproduce it;  e) commercial rental or pr operty lease of their performa nces fixed on a phonogram or 
videogram, if, during the fixation,  they did not grant their consent to the commercial rental 
and property lease, even after the performances have been distributed by or with the approval 
of the phonogram (videogram) manufacturer;  f) distribution of their performances fixed on phonograms or videogra ms via any means of 
communication in a manner whereby any person can access them from any place and at any 
time at their own discretion, if, during the fixa tion of the performance, they did not grant 
consent to such a type of distribution.  2. Performers' proprietary rights can be assigned (alienated) to other persons on the basis of a 
contract stipulating the method of using th e performances, the remuneration amount and the 
procedure for paying the remuneration, the cont ract term and the performances usage term, 
the territory within which the assigned rights are effective, etc. The remuneration rates 
stipulated in the contract shall not be lower than the minimum rates prescribed by the Cabinet 
of Ministers of Ukraine.  3. If a performance is used in an audiovisual wo rk, the performer shall be deemed to assign to 
the organization producing the audiovisual work or to the producer of the audiovisual work 
all proprietary rights with respect to the pe rformance, unless otherw ise stipulated in the 
contract.  4. If the performer, during the first fixation of a performance, expressly permits further 
reproduction thereof by the manufacturer of  a phonogram or the manufacturer of a 
videogram, the performer shall be  deemed to have assigned to the manufacturer of the 
phonogram or the manufacturer of the videogra m the exclusive right to distribute the 
phonograms, videograms and specimens thereof by fi rst sale or other transfer for ownership 
or possession, as well as by pr operty lease, commercial re ntal and other transfer. The 
performer shall retain the right to receive a fa ir remuneration for said  types of use of his 
performance through collective management  organizations or by another method. 
  IP/N/1/UKR/C/1 
 Page 29 
 
 
Article 40. Proprietary Rights of Manufac turers Of Phonograms And Manufacturers 
Of Videograms 
 
1. The proprietary rights of manufacturers of phonograms and manufacturers of videograms 
shall include their exclusive right to use their phonograms, videograms and the exclusive 
right to permit or prohibit other pers ons from taking the following actions: 
 a) reproduction (direct and (o r) indirect) of their phonograms and videograms in any form 
and by any method;  b) distribution among the public of phonograms,  videograms and specimens thereof through 
first sale or other title transfer;  c) commercial rental of phonograms, videograms and specimens thereof, even after they have 
been distributed by a manufactur er of a phonogram or videogram or with their permission; 
 d) broadcast of phonograms, videograms a nd specimens thereof via any means of 
communication in a manner whereby any person can access them from any place and at any 
time at their own discretion;  e) any remaking of their phonograms and videograms;  f) importation into the customs territory  of Ukraine of phonograms, videograms and 
specimens thereof for the purpose of ha ving them distributed among the public. 
 2. The proprietary rights of manufacturers of phonograms and manufacturers of videograms 
can be assigned (alienated) to other persons on the basis of a contract  stipulating the method 
of using a phonogram (videogram), remunera tion amount and the procedure for paying the 
remuneration, contract term, the term of usi ng a phonogram (videogram), the territory within 
which the assigned rights are effective, etc. The remuneration rates stipulated in the contract 
shall not be lower than the minimum rates prescr ibed by the Cabinet of Ministers of Ukraine. 
 The proprietary rights of th e manufacturer of a phonogram or videogram, which is a legal 
entity, can also be assigned (alienated) to another person in complia nce with the procedure 
prescribed by law following the liquidation of a legal entity - related rights holder. 
 3. If phonograms, videograms or specimens thereof are lawfully put into civil circulation by 
the manufacturer of a phonogram (videogram) or with  his consent through fi rst sale thereof in 
Ukraine, further distribution thereof by sale, bestowal, etc., shall be permitted without the consent of the manufacturer of the phonogram (videogram) or his successor and without 
payment of remuneration to him. In this case, however, the right  to transfer such specimens 
of phonograms (videograms) for property lease or  commercial rental shall be reserved 
exclusively by the manufacturer  of the phonogram (videogram). 
 
Article 41. Proprietary Rights of Broadcast Organizations 
 
1. Proprietary rights of broadcast organizations shall include thei r exclusive right to use their 
programs in any manner and their exclusive right to permit or prohibit other persons from 
taking the following actions: IP/N/1/UKR/C/1 
Page 30  
 
 
a) public promulgation of their prog rams by broadcast and rebroadcast; 
 b) fixation of their programs on a mate rial medium and reproduction thereof; 
 c) public demonstration of their programs in places where admittance is paid. 
 Broadcast organizations shall also be entitled to prohibit the dissemination, in or from the 
territory of Ukraine, of a sa tellite signal carrying their prog rams by a distributing body not 
authorized to handle this satellite signal.  2. Broadcast organization's proprie tary rights can be assigned (a lienated) to other persons on 
the basis of a contract which shall stipulate the method and te rm of the use of a broadcast 
program, the amount of and procedure for paying remuneration, the territo ry within which the 
assigned rights are effective, etc. Broadcast organization's proprietary  rights can also be 
assigned (alienated) to anothe r person in compliance with the procedure prescribed by the 
law upon liquidation of a legal enti ty - holder of related rights. 
 
Article 42. Restriction of the Proprietar y Rights of Performers, Phonogram and 
Videogram Manufacturers and Broadcast Organizations 
 
1. It shall be permissible to use performances, phonograms, videograms or broadcast 
programs, and to fix, reproduce and present them  for general notice, without the consent of 
the performers, phonogram, vide ogram manufacturers and broa dcast organizations, in the 
cases stipulated in Articles 21 through 25 of th is Law concerning restriction of the proprietary 
rights of the authors of literar y, art and scientific works, if the following conditions are met: 
a) said objects are reproduced solely for tr aining purposes or scientific research; 
b) the right to carry out reproduction, stipulated in  subclause (a) of this  part, shall not apply 
to the export of reproduced specimens of phonograms, videograms, broadcast programs 
outside the customs territory of Ukraine; 
c) related rights holders shall preserve the right to receiv e a fair remuneration based on the 
quantity of reproduced specimens. 
The use of objects of related rights without the consent of the related rights holders, as 
stipulated in this part, shall be possible only if the personal non-p roprietary rights of 
copyright and related rights hold ers, stipulated in Articles 14 and 38 of this Law, are 
observed.  2. It shall be permissible to reproduce the works and performances  fixed on phonograms and 
videograms and their specimens in home conditi ons and exclusively for personal purposes 
without the consent of the author(s), performers and manufacturers of phonograms 
(videograms), but paying remuneration to them in  the manner stipulated in part four of this 
Article.  3. The use of objects of related rights stipulated in parts one and two of  this Article without 
the consent of related rights holders shall not prejudice th e normal use of performances, 
phonograms, videograms and broadcast programs nor affect the legitimate interests of the 
performers, manufacturers of phonograms, vi deograms and broadcast programs or other 
copyright and (or) rela ted rights holders. 
  IP/N/1/UKR/C/1 
 Page 31 
 
 
4. The remuneration of manufacturers of phon ograms and videograms and other persons 
holding copyright and (or) related rights with resp ect to the reproductions stipulated in part 
two of this Article shall be paid as deductions (interest) from (on) the value of equipment and 
(or) material media by the manufacturers and (o r) importers of the equipment and material 
media, with the use of which it is possible to  carry out the reproduction of works fixed on 
phonograms and videograms exclusively for personal purposes in home conditions, except for:  a) professional equipment and (or) material me dia not designed for use for recording in home 
conditions;  b) equipment and material media that are expor ted outside the customs territory of Ukraine; 
 c) equipment and material media that are impor ted by an individual into the customs territory 
of Ukraine exclusively for personal pur poses and without a commercial purpose. 
 5. The amount of deductions (inter est), indicated in parts two and four of this Article, to be 
paid by the manufacturers and (or) importers of the equipment and material media, shall be 
determined by the Cabinet of Ministers of Ukraine. This money shall be remitted by the manufacturers and importers of the equipmen t and (or) material media to the collective 
management organizations (hereinafter - "a uthorized organizations") specified by the 
Institution. The collected money shall be di stributed among the collective management 
organizations registered with the Instituti on on the basis of contracts that authorized 
organizations shall enter into with all coll ective management organizations. The importers 
shall remit this money to an authorized orga nization when they impor t goods into the customs 
territory of Ukraine; and to the manufacturers - at the end of  each month after the sale of 
equipment and material media.  6. The Institution and the authorized organi zations specified by the Institution for the 
collection of money shall be entitled to require  from manufacturers and importers information 
concerning the manufacture, import and realiza tion (sale) of the equipment and material 
media indicated in part three of this Article.  7. The collected money specified in parts two a nd four of this Articl e shall be distributed 
between the authors, performers, manufactur ers of phonograms and videograms. This money 
shall be distributed in the following proportions, unless otherwise stipulated in the contracts 
between the collective manage ment organizations: authors - 50 percent, performers - 
25 percent and manufactur ers of phonograms (videograms) - 25 percent. 
  IP/N/1/UKR/C/1 
Page 32  
 
Article 43. The Use of Phonograms and Videograms Published for a Commercial 
Purpose 
 
1. The following direct or i ndirect commercial use of phonograms and videograms and 
specimens thereof shall be allowed without the consent of the manufacturers of phonograms 
(videograms), the phonograms (videograms) of wh ich were published for commercial use, or 
of the performers whose performances are fixed on these phonograms (videograms), but with 
payment of remuneration:  a) public performance of a phonogram or a speci men thereof or public demonstration of a 
videogram or a specimen thereof;  b) broadcast of a performance fixed on a phonogr am or videogram and specimens thereof; 
 c) wire (cable) broadcast of a performance fixed on a phonogram or videogram and 
specimens thereof.  2. The collection of remuneration for the use of phonograms (videograms) indicated in part 
one of this Article and the supe rvision of their lawful  use shall be effected by the authorized 
collective management organizations specified by the Institution. The collected money shall 
be distributed among the collective management organizations that are registered with the 
Institution on the basis of contracts that shall be made by and between authorized 
organizations and all collective management or ganizations. The remuneration received from 
the authorized organization sh all be distributed by the appr opriate collective management 
organization in the following proportions: pe rformers – 50 percent, manufacturers of 
phonograms (videograms) - 50 percent.  3. The amount of a remuneration for the use of phonograms (videograms) indicated in part 
one of this Article, the procedure and condi tions for paying the remuneration shall be 
prescribed by the Cabinet of Ministers of Ukraine.  4. Persons using phonograms, videograms or  specimens thereof shall provide the 
organizations specified in part two of this Article with the exact information concerning the use thereof that is necessary for the collection and distribution of the remuneration.  
Article 44. Period of Valid ity for Related Rights 
 
1. A performer’s proprietary rights shall be protect ed for 50 years from the date of the first 
recording of a performance.  
A performer’s personal non-proprietary rights, s tipulated in part one of Article 38 of this 
Law, shall be protected in perpetuity.  2. The rights of the manufactur ers of phonograms and videograms shall be protected for 50 
years from the first publication of a phonogram (v ideogram) or from the first sound or video 
recording thereof if the phonogr am (videogram) is not publi shed within said term. 
 3. Broadcast organizations shall enjoy the rights granted under this Law for 50 years from the 
date of the first broadcast of a transmission.  IP/N/1/UKR/C/1 
 Page 33 
 
 
 
4. The term of protection of rela ted rights shall expire on January  1 of the year following the 
year in which the protection term stipulated in this Article expires.  5. Performers' heirs and the successors of ma nufacturers of phonograms and videograms and 
broadcast organizations shall inherit the right to permit or prohibit the use of performances, 
phonograms, videograms, as well as broadcasts, a nd the right to receiv e remuneration within 
the term stipulated in this Article.   
SECTION IV 
MANAGEMENT OF THE PROPRIETARY RIGHTS OF 
COPYRIGHT AND RELATED RIGHTS HOLDERS 
 
Article 45. Methods for Managing the Propri etary Rights of Copyright and Related 
Rights Holders 
 
Copyright and related rights holde rs can manage their rights: 
 a) personally;  b) through an agent;  c) through a collective ma nagement organization. 
 
Article 46. Managing Proprietar y Rights Through an Agent 
 
A copyright and (or) related rights holder can en trust an agent to manage his proprietary 
rights on the basis of an agency contract conc luded with him. While managing the proprietary 
rights, this person shall act within the power s assigned to him by the copyright and (or) 
related rights holder.  
Article 47. Securing Collective Man agement of Proprietary Rights 
 
1. Copyright and (or) related rights holders can entrust the management of their proprietary 
rights to collective mana gement organizations. 
 IP/N/1/UKR/C/1 
Page 34  
 
2. Collective management organizations shall be  set up by copyright and (or) related rights 
holders as legal entities in accordance with  the corporate forms pursuant to legislation. 
 3. It shall be permissible to set up separate organizations managing ce rtain categories of the 
proprietary rights of certain categories of copyright and (or) related rights holders, or 
organizations managing various proprietary rights in the intere st of various categories of 
copyright and (or) rela ted rights holders. 
 4. Persons using works, performances, broadcasts, and specimens of phonograms 
(videograms) shall provide collective management  organizations with a precise list of the 
works, performances, specimens of phonograms (v ideograms) and broadcasts used, together 
with the documented data concerning the profits derived from the use thereof. They shall pay 
remuneration to the collective management organizations within a stipulated term in the stipulated amount.  5. Copyright and (or) related rights holders can also entrust the management of their 
proprietary rights, on a collective basis, to the respective state organizations, the founding 
documents of which stipulate such functions. 
 
Article 48. The Activity of Colle ctive Management Organizations 
 
1. A collective management organization, after its  State registration, sha ll be registered with 
the Institution within 30 days. The Institution shall publish in its official bulletin the 
information concerning the registration of  collective management organizations. 
 Collective management organizatio ns shall operate on the basis of charters, which shall be 
approved in compliance with the established proc edure, and within the powers received from 
the persons holding copyright  and (or) related rights. 
 2. Collective management organizations shall not have the right to  carry out commercial 
activity or to use in any manner the objects of copyright and (or)  related rights  entrusted to 
them for management. The restrictions e nvisaged by anti-monopoly legislation shall not 
apply to the activity of such organizations.  3. The powers to exercise the collective manageme nt of proprietary right s shall be assigned to 
collective management organiza tions by the authors and other copyright and (or) related 
rights holders on the basis of written contracts.  4. Collective management organizations can manage the proprietary rights of foreign 
copyright and (or) relate d rights holders in the territory of  Ukraine on the basi s of agreements 
with similar foreign organizations, including agreements for mutual representation of 
interests.  Collective management organizatio ns can entrust, on the basis of agreements with similar 
foreign organizations, the management abroad, on a collective basis, of the proprietary rights 
of Ukrainian copyright and (or) related ri ghts holders, including agreements for mutual 
representation of interests.   IP/N/1/UKR/C/1 
 Page 35 
 
 
5. On the basis of powers received, collective management organizations shall grant to any 
persons, by entering into contracts with them, no n-exclusive rights to us e objects of copyright 
and (or) related rights.  6. A collective management organization shall be  entitled to require submission by the users 
of objects of copyright and rela ted rights of documents containing precise information on the 
given use that are necessary for the co llection and distribut ion of remuneration. 
 7. A collective management organization shal l provide the Institution with the following 
information:  a) amendments to the organization's charter;  b) conclusion by the organization of bilateral or multilateral agreements with other collective 
management organizations, including foreign ones;  c) management of the proprietary  rights of persons who have not assigned an organization the 
powers pursuant to part three of this Article;  d) resolutions of the general meetings of the organization me mbers concerning the contracts 
for the management of rights of copyri ght and (or) related rights holders; 
 e) an annual balance sheet, a nnual report and audit results; 
 f) the persons authorized to  represent the organization. 
 
Article 49. Functions of Collect ive Management Organizations 
 
1. Collective management organi zations shall perform the follo wing functions on behalf of 
copyright and (or) related ri ghts holders on the basis of  powers granted by them: 
 a) coordinate with the users of  objects of copyright and (or) related righ ts the remuneration 
during conclusion of a contract;  b) enter into contracts for the use of ri ghts assigned for management. The terms and 
conditions of these contracts sha ll comply with the pr ovisions of Articles 31 - 33 of this Law; 
 d) collect remuneration for the use of objects of copyright and (or) related rights in the cases 
and on the grounds stipulated in this Law;  
e) distribute and pay out collected remunerati on to the copyright an d (or) related rights 
holders the rights of whom it manages, as well as to other rights holders pursuant to this Law, 
 f) perform other actions, stipulat ed in effective legislation, n ecessary for the protection of the 
rights managed by the organization.  2. Copyright and (or) related ri ghts holders who did not assi gn the powers to manage their 
rights to collective management organizations , including collection of remuneration, shall 
have the right to demand the payment of su ch remuneration from collective management IP/N/1/UKR/C/1 
Page 36  
 
organizations which collect such remunerati on for use of their works and related rights 
objects, as well as to demand withdrawal of their works and related rights objects from the 
permits for use issued by collective manageme nt organizations to persons who use such 
objects via entering into contracts with the said persons.  3. Collective management organizations shall be entitled to keep on their accounts any 
amounts of unclaimed remuneration received from the users of objects of  copyright and (or) 
related rights. Three years after placement of respective amounts to the account of a 
collective management organization, the uncla imed remuneration amounts can be used for 
regular payments to copyright and (or) related rights holders, or  for other purposes stipulated 
in their charters in the interests of copyright and (or) re lated rights holders. 
 
SECTION V 
PROTECTION OF COPYRIGHT AND RELATED RIGHTS 
 
Article 50. Infringement of Copyright and Related Rights 
 
Copyright and (or) related rights infringements that give grounds for seeking remedies shall 
be:  a) actions by any person that infringe the pe rsonal non-proprietary ri ghts of copyright and 
(or) related rights holders stipulat ed in Articles 14 and 38 of th is Law, and their proprietary 
rights stipulated in Articles 15, 39, 40 and 41 of this Law, subject to the proprietary rights 
restrictions stipulated in Articles 21 through 25, 42 and 43 of this Law;  
 b) piracy in the sphere of copyright and (or) related rights - publication, reproduction, 
importation into the customs terr itory of Ukraine, exportation from the customs territory of 
Ukraine, and distribution of c ounterfeit specimens of works (including computer software 
and databases), phonograms, videograms a nd broadcast organization programs; 
 c) plagiarism - promulgation (publication), in full or in part, of another person's work under 
the name of a person who is not  the author of this work; 
 d) importation into the customs territory of Ukraine, without permission of the persons 
holding the copyright and (or) related rights, of specimens of works (including computer 
software and databases), phonograms, videograms and broadcast programs; 
 e) actions that pose a threat  of infringement of copyri ght and (or) related rights; 
 f) any actions for the in tentional circumvention of technica l means of protection of copyright 
and (or) related rights, in particular the pr oduction, distribution, importation for distribution 
and use of means of such circumvention;  g) forging, altering or eliminating rights-mana gement information, in particular rights- 
management information in electronic form, w ithout the permission of the copyright and (or) 
related rights holders or the persons implementing such management;  h) the distribution, importation into the customs territory of Ukraine fo r distribution purposes, 
and broadcast of objects of copyright and (or) related rights from which rights- management  IP/N/1/UKR/C/1 
 Page 37 
 
 
information, in particular that in electronic form, has been e liminated or altered without the 
permission of the copyright a nd (or) related rights holders. 
 
Article 51. The Procedure for Protecting Copyright and Related Rights 
 
The protection of personal non-proprietary and propr ietary rights of copyright and (or) related 
rights holders shall be  effected in compliance with the procedure prescribed by 
administrative, civil and criminal legislation.  
Article 52. Civil Law Remedies for the Prot ection of Copyright and Related Rights 
 
1. Persons holding copyright and re lated rights shall have the right  to seek protection of their 
copyright and (or) related ri ghts by lodging claims in co mpliance with the established 
procedure with a court of law and ot her bodies pursuant to their powers. 
 In the case of violation by any person of the copyright and (or) relate d rights stipulated in 
Article 50 of this Law, of non-observance of th e conditions for using works and (or) objects 
of related rights stipulated by contract, for the use of works and objects of related rights in 
circumvention of technical means of protec tion or by the forging of rights-management 
information and (or) documents, or for the creati on of a threat of unlaw ful use of objects of 
copyright and (or) related rights, and for othe r infringements of personal non-proprietary and 
proprietary rights of the persons holding copyri ght and (or) related rights, persons holding 
copyright and (or) related ri ghts shall have the right: 
 a) to require the recognition and renewal of their rights; 
 b) to lodge claims with a court of law requi ring renewal of the infr inged rights and (or) the 
termination of actions infringi ng copyright and (or) related right s or posing a th reat of their 
violation;  c) to lodge claims requiring reimburseme nt of moral (non-p roprietary) losses; 
 d) to lodge claims requiring reimbursement of losses (material damage),  including lost profit, 
or collection of the income derived by the infri nger as a result of his violation of copyright 
and (or) related rights, or payment of compensation; 
 e) to require the termination of preparations fo r an infringement of copyright and (or) related 
rights, including the suspension of customs proce dures, if there is a suspicion that counterfeit 
specimens of works, phonograms, videograms or means of circumvention might be allowed into or from the customs territory of Ukraine, in compliance with the pr ocedure stipulated in 
the Customs Code of Ukraine; 
 f) to participate in th e inspection of the production premises , storage facilities, technological 
processes and business operations relating to  the production of specimens of works, 
phonograms and videograms with respect to whic h there are grounds to suspect violation or 
threat of violation of copyri ght and (or) related rights, in compliance with the procedure 
established by the Cabinet of  Ministers of Ukraine; 
 IP/N/1/UKR/C/1 
Page 38  
 
g) to require, including by court procedure, th e publication in the mass media of  information 
about infringements of copyright and (or) relate d rights and of court judgments with respect 
to infringements;  h) to require the prov ision, by the persons infringing the cl aimant's copyright and (or) related 
rights, of information about third parties i nvolved in the manufacture and distribution of 
counterfeit specimens of works and objects of re lated rights or means of circumvention, and 
the relevant distribution channels;  i) to require other measures envisioned by legislation, concer ning the protection of copyright 
and related rights.  2. A court of law shall have the right to  issue a resolution or award concerning: 
 a) the reimbursement of moral (non-proprietary ) damages resulting from an infringement of 
copyright and (or) related rights, spec ifying the amount of the reimbursement; 
 b) the reimbursement of damages resulting from an infringement of copyright and (or) related 
rights;  c) collection from the infringer of copyright and (or) related rights of  income derived from 
the infringement;  d) the payment of compensation, to be prescr ibed by the court, in an amount from 10 to 
50,000 minimum salaries, in lieu of damage  reimbursement or income collection; 
 e) a prohibition on the publicati on of works, their performan ce or staging, the issuance of 
specimens of phonograms, videograms, their broa dcasts, termination of their distribution, 
removal into protective custody (confiscati on) of counterfeit specimens of works, 
phonograms, videograms or broadcast programs, as  well as equipment and materials for the 
production and reproduction thereo f, publication in the press of the information about the 
infringement, etc., if, in the course of court pr oceedings, the fact of c opyright and (or) related 
rights infringement, or the fact of actions posing a threat of infringement  of these rights, is 
proven;  f) to require the provision, by the persons infrin ging the claimant's copyright and (or) related 
rights, of information about third parties i nvolved in the manufacture and distribution of 
counterfeit specimens of works and objects of re lated rights, or means of circumvention, and 
the relevant distribution channels.  
When determining damages to be reimbursed to a person whose rights have been infringed, 
and when reimbursing moral (non-proprietary) damages, the court shall proceed from the 
merits of an infringement, the proprietary a nd moral damages suffered by the person holding 
the copyright and (or) related ri ghts, and the estimated income that could have been derived 
by this person. The damages suffered by a person whose rights have been infringed may also 
include this person's court expenses and legal fees (lawyers, attorneys, etc.). 
 When determining compensation to be paid in  lieu of damage reimbursement or income 
collection, the court shall determine, within the sc ope stipulated in clause  "d" of this part of  IP/N/1/UKR/C/1 
 Page 39 
 
 
the Article, a specific compensation amount, taking into account the extent of the 
infringement and (or) the defendant's intentions.  3. A court may resolve to impose upon an infringe r a fine at the rate of 10 percent of the 
amount awarded to the claimant by the court. Fine s shall be transferred to the State budget of 
Ukraine in compliance with the established procedure.  4. A court may resolve to remove into protec tive custody or confiscate all counterfeit 
specimens of works, phonograms, videograms or br oadcast programs with respect to which it 
has been established that they were produced or  distributed in contrave ntion of copyright and 
(or) related rights, as well as m eans of circumvention. This shal l also apply to all cliches, 
matrices, moulds, originals, magnetic tapes, photo negatives and other items used for the 
reproduction of specimens of works, phonograms,  videograms, broadcast programs or means 
of circumvention, as well as the materials a nd equipment used for their reproduction and for 
the production of means of circumvention.  Pursuant to a court resolution, counterfeit spec imens of works (includi ng computer software 
and databases), phonograms, videograms and broa dcast programs that have been removed 
into protective custody, can be  transferred to the copyright and (or) related rights holder 
whose rights have been infringed, at the holder' s request. If this person does not request the 
transfer, the counterfeit specimens shall be de stroyed, and the materials and equipment used 
for the reproduction of the counterfeit specimens shall be alienated and the relevant proceeds 
remitted to the State budget of Ukraine. IP/N/1/UKR/C/1 
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Article 53. Claim Preservation Measures in Proceedings Concerning Infringements of 
Copyright and Related Rights 
 
1. Prior to completing of consideration of a case on its merits, a judge shall have the right to 
issue, sua sponte , an order prohibiting the performance by a defendant with respect to whom 
there are sufficient grounds to be lieve that he is an infringer of copyright and (or) related 
rights, of certain actions, until the court issues its resolution or order, namely: production, 
reproduction, sale, transfer for pr operty lease, rental, importation into the customs territory of 
Ukraine and other uses stipulated in this Law,  as well as transportati on, storage or possession 
for the purpose of issuing into civil circulati on of specimens of work s, including computer 
software and databases, as well as reco rded performances, phonograms, videograms, 
broadcast programs that are believed to be count erfeits, as well as means of circumvention. 
 2. If there is sufficient evidence of such an in fringement of copyright and (or) rela ted rights, 
which results in criminal liabi lity pursuant to law, the i nquiry body, the inve stigation body or 
the court shall take measures to ensure a sear ch for and the levying of an attachment on: 
 a) specimens of works (including computer soft ware and databases), recorded performances, 
phonograms, videograms and broadcast programs that are believed to be c ounterfeits, as well 
as means of circumvention;  b) materials and equipment for th e production and reproduction thereof; 
 c) documents, invoices and other items that can serve as evidence of unlawful actions. 
 3. If a defendant in proceedings concerning an  infringement of copyright and (or) related 
rights denies access to the re quired information, or does not arrange for the submission 
thereof within an reasonable term, or if he hi nders court procedures, and also with the aim of 
preserving the appropriate evidence of the alle ged violation, especially when any delay can 
result in irreparable damage to the person ho lding the copyright and (or) related rights, or 
when there is an apparent risk that the evid ence will be destroyed, the court or judge shall 
have the right to impose  sua sponte,  on the applicant's application, interim measures until a 
claim is lodged or until proceedings are initiat ed with the participat ion of the other party 
(defendant) by:  a) issuing an order authorizing inspection of the premises in which the events, relating to an 
infringement of copyright and (or) re lated rights, are allegedly occurring; 
b) levying attachment on and removing into pr otective custody all specimens of works 
(including computer software  and databases), recorded  performances, phonograms, 
videograms and broadcast programs believed to be counterfeits and of means of 
circumvention, as well as materials and equipment used for the production and 
reproduction thereof; 
c) levying attachment on and removing into protective custody invoices and other 
documents that can serve as evidence of ac tions infringing or cr eating a threat of  
infringement of (or certifying an intention to  infringe) copyright a nd (or) related rights. 
 An application for the use of in terim measures shall be consid ered only with the applicant's 
participation within two days from the day of its submission. 
  IP/N/1/UKR/C/1 
 Page 41 
 
 
The court order concerning the application of  the interim measures shall be executed 
immediately, with the applican t's participation, by the govern ment enforcement service body. 
 Prior to the issuance of a j udgement concerning the applica tion of the interim measures 
indicated in paragraph one of th is part, the court shall have th e right to require provision by 
the applicant of a justifi cation that he is a holder of copyrig ht and (or) related rights and that 
these rights have been  infringed or will in evitably be infringed, an d shall issue to the 
applicant a court judgement settin g a pledge or an equivalent  security sufficient for the 
prevention of abuse of an interim measure. The pledge shall consist of  a deposit of money by 
the applicant or other persons in the deposit acc ount of the court, or the transfer of other 
material valuables. The amount of the pledge (security) shall be set by the court based on the 
circumstances of the case; however, it shall not  be less than 100 minimum tax-free incomes, 
nor shall it exceed the amount of the damage claimed.  In the case of the application of the interim m easures specified in para graph one of this part, 
the defendant shall have the ri ght to demand their alteration or  cancellation, and the applicant 
shall lodge a claim with the c ourt requiring protection of the in fringed copyright and related 
rights not later than 15 calendar days from the day of applicat ion of an interim measure. 
 The pledge shall be returned fully to the applic ant if the court rejects the claim or grants the 
claim fully or in part. Otherwise, the pledge  shall be used for the implementation of the 
resolution concerning reimbursement to the de fendant of the damage resulting from the 
application of the interim measures.  Upon cancellation of the interim meas ures stipulated in paragraph one of this part, or if the 
proceedings reveal that no infringement wa s committed or there is no threat of an 
infringement of copyright and (or)  related rights, the court shall ha ve the right to issue, at the 
defendant's request, a judgement concerning pr oper reimbursement by the claimant to the 
defendant of any damages resulting from these measures.  
SECTION VI 
FINAL PROVISIONS 
 
1. This Law shall take effect on the day of its publication and apply to the legal relations that arise after it has taken effect.  2. Within four months, the Cabinet of Minist ers of Ukraine shall submit to the Verkhovna 
Rada of Ukraine its proposals concerning amendm ents to the laws of Ukraine in connection 
with the adoption of this Law, as well as adopt  the required normative-legal acts and bring its 
effective normative-legal acts into conformity with this Law. 
 
3. Currently effective acts of the legislation of Ukraine shall apply until the legislation of Ukraine is brought into conformity with this La w, unless such acts conflict with this Law. 
 4. To establish that after the date of entry into  force of this Law the terms of protection of 
copyright stipulated in Article 28 of this Law and parts 1 and 2 of Article 44 of this Law shall 
apply in all cases when the 50-y ear period of validity of copyright  after the author's death or 
the period of validity of related ri ghts has not expired prior to the date of entry into force of 
this Law. IP/N/1/UKR/C/1 
Page 42  
 
 
5. To establish that this Law shall apply to performances and phonograms created or first 
published prior to the date of entry into force of this Law, if, as of this  date, 50 years have  
not expired since their firs t recording or publication. 
 6. To establish that objects of copyright and re lated rights that are th e subject matter of an 
international treaty to which Ukraine has acceded and that has been approved as binding by the Verkhovna Rada of Ukraine and that were cr eated or first published prior to the date of 
entry into force of this Law, shall be protected under this Law from the date of its entry into 
force, if, as of this date, sa id objects have not fallen into public domain in the country of 
origin by reason of expiration of the term  of their protection in this country. 
 7. The Resolution of the Verkhovna Rada of Ukraine of 23 December 1993 "On the Procedure for Putting into Force the Law of Ukraine ‘On Copyright and Related Rights’" 
("Vidomosti Verkhovnoyi Rady Ukrayiny", 199 4, No. 13, p. 65) shall lose effect. 
 8. In Article 2 of the Law of Ukraine "On Ukraine's Accession to the Berne Convention on 
Protection of Works of Literature and Art (Paris Act of 24 July 1971, as amended on 2 
October 1979)" (Vidomosti Ve rkhovnoyi Rady Ukrayiny, 1995, N o. 21, p. 155), to delete the 
words "notifying that said Conven tion shall not apply to works th at, as of the date of entry 
into force of this Convention for Ukraine, have  already fallen into the public domain in its 
territory".  9. The Ministry of Foreign Affairs of Ukraine shall notify the General Director of the World 
Intellectual Property Organization of the fact that Article 18 of the Berne Convention, after 
the date of entry into force of this Law, is in full effect in the territory of Ukraine.  10. To add the following sentence to paragraph two of the Law of Ukraine "On The Accession To The Convention For The Prot ection Of Producers Of Phonograms Against 
Unauthorized Duplication Of Their P honograms of 29 October 1971" (Vidomosti 
Verkhovnoyi Rady Ukrayiny, 1999, No. 32, p. 265):  "With the aim of meeting the requirements set forth in said Convention, to apply, on a mutual 
basis, the national treatment of protection of related rights sti pulated in the Law of Ukraine 
"On Copyright And Related Rights" to phonogram manufacturers from the states-parties to 
the Convention and their phonograms, if the te rm of protection of these phonograms has not 
expired in the country of origin."    IP/N/1/UKR/C/1 
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11. The Ministry of Foreign Affairs of Ukrain e shall notify the Secretary General of the 
United Nations Organization of the addendum to  the Law of Ukraine "On The Accession To 
The Convention For The Protection Of Produ cers Of Phonograms Against Unauthorized 
Duplication Of Their P honograms of 29 October 1971." 
   
President of Ukraine       L. KUCHMA 
Kyiv 
 
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