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Copyright protection

One of the author’s priority rights is the ability to prohibit the illegal use of his work. After all, such use can undermine the reputation of the copyright holder and violate his commercial interests. Based on the current legislation, the author can defend his rights in the pre-trial and judicial order, within the framework of administrative and criminal proceedings.

The choice of a protective mechanism depends on which rights are violated, property or non-property. Let’s take a closer look at copyright protection and each of its mechanisms.

Unlike industrial property, it is not necessary to issue a certificate for authorship. But registering an object is an important step for managing the results of creativity and for protecting them, if required. Attribution is highly recommended as it will serve as a tool to prevent illegal use.

If we talk about the performance of works, then we mean related rights. They belong to performers, broadcast organizers and are also subject to protection. In accordance with Art. 176 of the Criminal Code of Ukraine, violation of copyright or related rights may entail a fine in the amount of 200-1000 non-taxable minimum income, correctional labor up to 2 years or imprisonment for the same period with confiscation of materials.

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    Protective measures are a complex concept, the possibilities of which are provided for by the legislation. In a given situation, one or more methods are used. Their subjects are authors, heirs and licensees (those who have exclusive rights).

    Very often, in the case of theft of copyright, protection begins with extrajudicial methods. That is, they write a claim to the violator, where they point out a violation, provide evidence and list the requirements. This rarely works, but it is our responsibility to notify the infringer that the item is copyrighted. And, if illegal use continues, the author will be forced to apply other protection mechanisms, which will entail serious material consequences.

    As part of the pre-trial method of defense, mediation (settlement of disputes by means of agreements, bypassing the filing of a claim) is very good. This method helps to significantly save time and, of course, money for protection. So, within the framework of the negotiation process, it is possible to achieve the conclusion of a license agreement, receive compensation for previous illegal use, for example, of content on someone else’s website, and resolve many other controversial situations.

    An effective way of defense is legal action. The following claims are possible in relation to copyright infringement:

    • acknowledgment of authorship;
    • the requirement to stop illegal use and pay compensation;
    •  other requirements related to a specific situation.

    Further actions will depend on what rights are violated, non-property or property. If the former, they also apply such methods of protection: restoration of the initial position of the object, compensation for moral damage. If the latter, compensation for losses, removal of the media, payment of compensation will be relevant. In case of violation of property rights, the offender can be brought to administrative or criminal liability, depending on the amount of damage caused.

    SION lawyers use any possible legal remedies in the interests of clients. Our employees have extensive experience in this work and many successful cases.

    Authorship arises immediately after the creation of a work, regardless of its quality and publication. Personal non-property rights are valid indefinitely; they cannot be taken away from the creator of the object even after centuries. The property has a validity period.

    Terms are important, because after their expiration, the result of creativity becomes public domain: it can be freely used, copied, published and without asking permission from the copyright holder. According to the international agreement TRIPS, the minimum period of copyright protection is 50 years from the date of death of the author. But countries can set their own values.

    For most countries of the world, the following validity periods are relevant:

    • Until the end of the author’s life +70 years.
    • Lifetime +70 years since the death of the last co-author (for everything created by co-authors). 
    • 70 years after publication (for works published under a pseudonym).

    Thus, during the entire period of protection, it is possible to use legal protection methods, which were discussed above.

    SION services will cost the following amounts:

    • The participation of our lawyer in the negotiation process (mediation) – UAH 3000, a lawyer – UAH 5000. for 1 hour of work.
    •  The cost of preparing a claim depends on the specific situation and the involvement of a lawyer in resolving this issue. The service of participation of a lawyer – from 5000 UAH.
    •  The attorney’s fee for participating in court cases depends on the complexity and characteristics of a particular case, the volume of his participation – from UAH 10,000.

    To the cost of court cases, you need to add the payment of the state duty for filing a claim, which also depends on the number of claims and the amount of losses incurred. The minimum size is 2000 UAH.

    In addition, not a single court case is passed without a pre-trial examination of copyright. It is paid by the plaintiff at the stage of filing a claim, the amount is from UAH 10,000. However, if the court’s decision is in favor of the plaintiff, then this amount can be reimbursed.

    Before starting cooperation, we provide the client with a calculation, where we indicate in detail the estimated costs. Only if everything suits him, we start work.

    Any copyright holder has the right to apply to the court; he can represent himself or through a representative. At the same time, it is very important to clearly indicate the circumstance on which the statement of claim is based. It is better to entrust the task to a qualified specialist.

    Our lawyers work according to the following algorithm:

    • They study the documents, give a legal analysis of the situation, and provide the client with a report.
    • Preparation: conclude a contract, collect evidence.
    • They are filing a claim.
    • Participate in court proceedings, promptly respond to the evidence of the defendant.
    • Control the execution of the court decision (compensation for damage, etc.) or challenge it.

    SION specialists help you calculate the amount of losses and advise how much compensation to request. They will keep the planned actions in secret, at each stage they will think about the interests of the client. A nondisclosure agreement is concluded with each client. Legal action is the most effective way to protect your creativity. Our company has been doing this for over 11 years, and many lawyers have 20 years of experience.

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      The first step to protection is registering authorship and obtaining a certificate. In Ukraine, you need to contact the National Intellectual Property Authority (NIPA, or Ukrpatent). The procedure lasts only 2-3 months, but the certificate obtained helps a lot to protect the results of creative activity. Ukrainian registration is expanding to other countries under the Berne Convention.

      The documents on which the copyright of Ukraine is based are the Civil Code of Ukraine and the law of 23.12.1993 No. 3792-XII. Judicial practice protecting the results of creativity has also been developed. At the same time, no one is insured against plagiarism or theft of a creative result, and it can be difficult to bring violators to justice on their own.

      SION attorneys carry out a set of legal actions to protect copyright, ranging from state registration of creative property to obtaining decisions on violation of rights or court sentences, depending on the situation. And if necessary, they will challenge the unauthorized use of the facility in Ukraine in court. We know how to conduct and win business, to achieve solutions that are beneficial for the client.

      For detailed information and to calculate services, please mail by us: info@sion-ip.com.

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