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After the author creates a certain work, the copyright comes into force. The author may be an individual, and the owner of property rights may be a natural or legal person.

Copyright may be:

→ personal non-property rights are rights that belong to the author of a particular work and cannot be transferred. This list includes the following rights:

  • demand to be recognized as the author of the work;
  • inviolability of the written text;
  • prevent all infringements of authorship rights that may negatively affect the reputation of the present author;
  • use and advertise the work under the author’s real name, pseudonym or without a name (anonymous representation of the work).
  • →There are also proprietary copyrights that may be the property of the author or other persons who participated in the process of writing the text. This:
    • the use of works in a variety of ways;
  • prohibit the misuse of written text or completely prohibit the use of a particular work;
  • allow written text to be used for different purposes;
    • other property rights that comply with Ukrainian laws.

Determine the specific period of copyright retention that lasts for the entire life of the present author and another 50 years after his death. However, the retention periods of rights differ markedly in different countries. As a rule, the difference is to increase the shelf life after the author’s death. For example, in Ukraine, it is customary to keep authorship rights for 70 years, after the death of the author of works. Non-property rights are protected indefinitely.

After the work has been completed, the copyright begins to apply, which applies to all countries, regardless of the place of residence of the author.

Not all individuals use the copyright registration procedure, since this process is not mandatory. However, it is worth noting the main list of its advantages:

  • Due to the registration procedure, a specific date is set from which the author becomes the owner of this work.
  • Facilitates the process of proof, if necessary, in court.
  • Registration significantly simplifies the process of transferring copyright by inheritance.
  • The ability to transfer an object of copyright to the balance of an enterprise or company.
  • The author receives an additional confirmation of the existence of copyright when it comes to online breaches. This works in two ways: when your rights as an author are violated, or when you are accused of violating these rights.

Kasyanenko & Partners Law Company specialists provide services relating to questions on copyright:

  • legal advice on the protection and registration of copyright.
  • help with concepts such as copyright and related rights will offer rational methods for resolving disputes.
  • assistance in the process of preparing the necessary documents for the copyright registration procedure in any country. The specialists accompany the client at the time of registration to fully control the entire procedure.
  • will help you collect the necessary documents for registration of the work in Ukraine and will offer support to the client during the registration of documents.
  • search for information in the bulletin entitled Copyright and related rights according to the object or subject of registration.
  • collecting a set of documents, as well as preparing it for obtaining a duplicate certificate of state registration of rights. Prepare documents for future edits to the state register or correction of errors in the application.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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