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LAW OF UKRAINE

of December 1, 2022 No. 2811-IX

About copyright and the related rights

This Law governs the relations on acquisition, implementation and protection of the personal non-property and property author's and/or related rights, and also by special type of rights (sui generis), connected with the sphere of copyright and/or the related rights.

Section I. General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

1) the author - physical person which the creative activities created the work;

2) the audiovisual work - the work in the form of the sequence of episodes or personnel with sound or without it, connected among themselves by complete creative intention, available to perception by means of the appropriate technical means on certain type of the screen (film, TV screen) on which such sequence of personnel forms the mobile image;

3) audiodescription (tiflokommentirovaniye) - creation of separate soundtrack with the offscreen description of the character, subject, space or action in video production for persons who owing to violation of sight cannot perceive visual information;

4) the database (compilation of data) - set of works, data or any other information in any form, located in the systematized or arranged type which can be available by means of special search engine and/or on the basis of electronic means (computer. computer) or other means;

5) the website - data set, electronic (digital) information, including objects of copyright and/or the related rights connected among themselves and structured within the address of the website and/or accounting record of the owner of such website, access to which is provided through the address on the Internet which can consist of domain name, records about catalogs or challenges and/or numerical addresses under the Internet protocol;

6) the web page - the website component located at the special address on the Internet;

7) the contractor - the physical person (the actor, the singer, the musician, the dancer, the conductor of musical and musical and drama works or other physical person) playing role, reading, reciting, singing, playing musical instrument, dancing, interpreting any different way performs musical, drama, literary, choreographic, other similar works, folklore or other artistic images;

8) execution - result of individual or collective activities for artistic submission of musical, drama, literary, choreographic or similar works, folklore or other artistic images;

9) development of the videogram - video, modification (installation) of video, streamlining and modification of videos with soundtrack or without it;

10) development of soundtrack - sound recording, modification (installation) of sound recording, creation and modification of sound recordings;

11) the producer of the videogram - physical person and/or legal entity which takes the lead and bears responsibility for development of the videogram;

12) the producer of soundtrack - physical person and/or legal entity which takes the lead and bears responsibility for development of soundtrack;

13) the videogram - the made (final) video of execution or other images (with soundtrack or without it), except the video used as a part of the audiovisual work;

14) reproduction - the direct or mediated production of one or more copies of object of copyright and/or the related rights (or its parts) in any manner and in any form, including for temporary or permanent storage in electronic (digital), optical or other form which the computer, and also creation of the three-dimensional work from two-dimensional and vice versa also can read out creations of the three-dimensional work on the basis of set of instructions which is read out by the computer for production of the three-dimensional work;

15) the owner of the website - person who is the owner of accounting record and establishes procedure and conditions of use of the website. In case of failure of evidence of other, the registrant of the corresponding domain name on which access to the website, and/or the receiver of services of hosting is provided is considered the owner of the website;

16) the owner of the web page - the person which is the owner of accounting record, used for placement of the web page on the website which manages and/or places electronic (digital) information within such web page. The owner of the website is not the owner of the web page if the owner of the web page has the accounting record allowing independently, to place irrespective of the owner of the website information on the web page and to manage it;

17) hyperlink formalized according to standards of the Internet record of the address of the website or its part (web pages, data). If hyperlinks addresses parts of the website (web page), except the domain and/or numerical addresses under the Internet protocol, it may contain additional records of the catalog or challenges and conditions of access to the web page that can be reproduced or kept on devices which can read out and reproduce electronic (digital) information with use of the Internet;

18) the state system of legal protection of copyright and the related rights - the central executive body providing forming and the implementing state policy in the field of intellectual property, the National authority of intellectual property and other state companies, organizations, the organizations performing the functions connected with the sphere of protection of copyright and the related rights;

19) informing everyone public - distribution of objects of copyright and/or the related rights by (methods) of public performance (except submission of works and/or execution in live execution)", and words of "cable relaying" shall be replaced with words "relayings, cable relaying, public demonstration, public display, the public notification, interactive provision of access, cable relaying;

20) the legal user of the database - person legally owning the copy of the database made legally;

21) the legal user of the computer program - person legally owning the copy of the computer program made legally;

22) record - result of fixation in objective (material or electronic (digital), etc.) form by means of technical devices of sounds or displays of sounds (sound recording) or images (video), or images with sound (video sound recording) that allows to perform by means of the corresponding devices of their perception, reproduction, transfer, etc.;

23) name of the author - set of the words or signs identifying the author: surname and name of the author; surname, name and author's middle name; author's initials; author's pseudonym; the sign (set of signs) accepted by the author;

24) name of the contractor - set of the words or signs identifying the contractor: surname and name of the contractor; surname, name and middle name of the contractor; initials of the contractor; pseudonym of the contractor; the sign (set of signs) accepted by the contractor, etc.;

25) interactive provision of access distribution of object of copyright and/or the related rights for public with use of cable or without it, including on the Internet or other interactive networks, including placement of hyperlinks and placement on one website of digital content from other website without its reproduction (framing) so that representatives of public could get access to the corresponding object from the place and in time, chosen as them individually;

26) the computer program - set of instructions in the form of words, figures, codes, schemes, symbols or in any other type, expressed in the form suitable for reading by the computer (the desktop computer, the laptop, the smartphone, the game console, the smart TV and so forth) which put it in action for achievement of particular purpose or result, including the operating system, the application program expressed in initial or object codes;

27) the copy - the object of copyright and/or the related rights reproduced in any objective form. The copy of the work performed in any material form is work copy;

28) broadcasting - single the creative concept set of programs and other information which is broadcast by broadcaster or the telespeaker according to the schedule of programs;

29) the music video - the audiovisual work in which visual interpretation of the piece of music with the text or without text which sound number contains record of accomplishment of the specified piece of music is realized;

30) National authority of intellectual property (further - NOIS) - the state organization which enters the state system of legal protection of intellectual property which performs the powers in the field of intellectual property determined by this Law, other laws of Ukraine in the field of intellectual property, acts of the Cabinet of Ministers of Ukraine, the central executive body which provides forming and realizes state policy in the field of intellectual property and the charter and has the right to represent Ukraine in the international and regional organizations;

31) accounting record - formalized according to standards of the Internet record on the computer equipment (computers, servers) connected to the Internet that identifies the user (for example the owner of the website) on such equipment, contains data on access to part catalogs and the computer program, the computer equipment, and also determines the rights of such access that give opportunity to the owner of accounting record to add, delete, change digital content and data of the website, to provide access to the website or its part, separate data to other persons, to stop functioning of such website or its part within accounting record;

32) promulgation (disclosure to public) - any action, for the first time makes the work or object of the related rights available for the unrestricted group of people;

33) publication - distribution of the work, soundtrack, the videogram in any manner distribution or informing everyone public. Publication of the work, soundtrack, the videogram is considered also deposition of the manuscript of the work, soundtrack, the videogram;

34) the organization of broadcasting - person performing matching of radio - or television programs also provides them for simultaneous mass and individual acceptance by users on the basis of the schedule of programs created by it;

35) originality of the work - the sign (criterion) characterizing the work as result of own intellectual creative activities of the author and reflecting the creative decisions made by the author during creation of the work;

36) person with limited opportunities of perception of printing information - the physical person having shortcomings of sight or visual perception or violation of capability to reading, visual function or capability to which reading cannot be recovered so that to read printing works on an equal basis with persons without such violations, and also physical person which because of physical violations or mental disturbances cannot hold the book in hand either uses the book or focus look or move eyes in that measure in what it is necessary for reading;

37) piracy copy of the work, soundtrack, the videogram - copy according to works, soundtracks, the videograms reproduced and/or extended with copyright violation and/or the related rights;

38) the loan - provision in use (including certain method) copy of the work, soundtrack, the videogram for fixed term provided that such actions have no independent economic value;

39) private copying - reproduction for personal reasons persons or for members of the family of such person or close acquaintances of such family of the works and execution fixed in soundtracks, videograms provided that such actions have no independent economic value;

40) the program of the organization of broadcasting - the set of transfers (telebroadcasts), other works and/or the related rights combined by the single creative concept which has the permanent name and is broadcast by broadcaster or the telespeaker on certain broadcasting schedule;

41) the producer of the audiovisual work - person, the organizing or organizing and financing creation, production and publication of the audiovisual work;

42) hire - provision in use (including certain method) copy of the work, soundtrack, the videogram for fixed term for the purpose of receipt of sure or indirect commercial gain;

43) pseudonym - the fictitious name consisting of set of words or signs, symbols, chosen by the author (coauthors) or the contractor (collaborators) for designation of respectively as the author (coauthors) or as the contractor (collaborators);

44) public - set of the physical persons which are not connected among themselves by belonging to circle of family or close acquaintances;

45) public performance - submission of works, execution, soundtracks, programs of the broadcasting organizations in any manner directly (in live execution), and by means of any devices and processes (except transfer to ether or on cable) in places at which there are present or can be representatives of public irrespective of, there are they at one place and in at one time or at different places and at different times;

46) public demonstration - single or repeated representation to public of the audiovisual work or videogram;

47) the public notification - distribution to ether for perception by public wireless means or by means of cable network or the companion, etc. of objects of copyright and/or the related rights;

48) public display - any demonstration of the original or copy of the work, execution, soundtrack, the videogram, program of the organization of broadcasting it is direct or on the screen by means of film, slide, television shot and t. п (except transfer to ether or on cable) or by means of other devices or processes in places where there are present or can be representatives of public irrespective of whether there are they at one place and in at one time or at different places and at different times. Public display of the audiovisual work or videogram means also demonstration of separate personnel of the audiovisual work or videogram without respect for their sequence;

49) reprographic reproduction (reproduction) - facsimile reproduction in any size (including increased or reduced) the original or other copy of the written, photographic, graphical work, picture, the drawing, etc. by photocopying, photocopying or other similar methods. Reprographic reproduction does not include record of the work in electronic (digital), optical or other form which is read out by the computer, or in the course of publishing activities;

50) distribution - any action by means of which originals or other copies of objects of copyright and/or the related rights are directly or indirectly offered public by method, including the first sale or other first alienation of originals or other copies of object of copyright and / or the related rights;

51) orphan the work, orphan object of the related rights are promulgated in Ukraine the work, soundtrack, the videogram (including the audiovisual work which is part or other soundtrack, the videogram) fixed accomplishment concerning which any of subjects of property rights by results of careful search is not identified and in case of identification of such subject (including the objects published anonymously or under pseudonym) - its location is not established;

52) the office videogram - the videogram made by the worker in connection with fulfillment of duties according to the employment contract (contract);

53) office soundtrack - the soundtrack made by the worker in connection with fulfillment of duties according to the employment contract (contract);

54) office execution - the execution performed by the worker in connection with fulfillment of duties according to the employment contract (contract);

55) the office work - the work created by the worker in connection with fulfillment of duties according to the employment contract (contract);

56) the work - the original intellectual creation of the author (coauthors) in the field of science, literature, art, etc. expressed in objective form;

57) the work of architecture - the work in the field of construction of buildings, town planning, landscape gardening art, landscape educations in the form of the drawing, sketches, models, the built buildings or constructions, plans of settlements, etc.;

58) the work of the fine arts - sculpture, picture, the drawing, engraving, lithograph, the work of art design (including scenic design, tracing (design) of fonts), etc.;

59) performing applied (arts and crafts) art - the performing art trade realized or postponed regarding use for the purpose of application, created by manual or industrial method including performing decorative weaving, ceramics, carving, foundry production, art glasses, jewelry;

60) technological remedies - any technology, the computer program, the equipment or components which in the normal functioning intend for prevention or counteraction to actions in relation to objects which use is not authorized the subject of copyright or the related rights or the subject of special type of rights (sui generis);

61) Organization - the central executive body providing forming and the implementing state policy in the field of intellectual property;

62) soundtrack - the made (final) sound recording of execution or other sounds, or displays of sounds, except the sound recording used as a part of the audiovisual work;

63) the photographic work - the work which is statically displayed (fixed) using analog, digital photographic technologies on the material carrier or in electronic (digital) form or using laser technologies in the form of the volume three-dimensional image;

64) the quote - fragment (fragment) from legally promulgated work, the written-down execution, the soundtrack legally published or the videogram which is used with the exclusive reference on his author and/or the contractor, the producer of soundtrack the producer of the videogram and sources of citing by other person with the purpose is more clear to make the approvals or for the reference to expressions of other person in invariable (authentic) type or in transfer of such fragment (fragment);

65) digital content (electronic (digital) information) - any data or data in electronic (digital) form containing objects of copyright and/or the related rights can be also stored and/or extend in the form of one or several files (parts of files), entries in the database on the storing devices of computers, servers, etc. on the Internet.

Article 2. Legal regulation of the relations in the field of copyright and the related rights

1. The legislation of Ukraine on copyright and the related rights is based on the Constitution of Ukraine and consists of the Civil code of Ukraine, this Law, other laws of Ukraine, and also subordinate regulatory legal acts adopted on their basis connected with the sphere of protection of copyright and the related rights.

2. The existing international agreements of Ukraine in the field of copyright and/or the related rights which consent to be bound is provided by the Verkhovna Rada of Ukraine are part of the national legal system of Ukraine on copyright and the related rights.

3. The relations concerning acceptance, entry into force, appeal administratively, accomplishment, cancellation of administrative acts in the field of copyright and/or the related rights are regulated by the Law of Ukraine "About ministerial procedure" taking into account the features determined by this Law.

Article 3. Law coverage

1. Operation of this Law extends to regulation of the relations connected with use:

1) works and objects of the related rights, irrespective of the place of their promulgation (or if the specified objects are not promulgated, but are in objective form in the territory of Ukraine), subjects of copyright and/or the related rights on which physical persons who are citizens of Ukraine are or are not citizens of Ukraine, but have the permanent residence in the territory of Ukraine, or the legal entities having the location in the territory of Ukraine;

2) works and objects of the related rights promulgated in the territory of Ukraine or promulgated outside Ukraine, but after that within 30 days published in the territory of Ukraine;

3) programs of the organizations of broadcasting having the location in the territory of Ukraine and which distribution is performed by means of the transmitters located in the territory of Ukraine;

4) works of architecture and the fine arts which originals are in the territory of Ukraine;

5) works and objects of the related rights protected according to international treaties of Ukraine;

6) the non-original objects generated by the computer program, specified in article 33 of this Law.

2. Provisions of this Law are directed to protection and protection of the personal non-property rights and property rights:

1) the subjects of copyright specified in article 5 of this Law, and the subjects of the related rights specified in part two of article 35 of this Law, who are citizens of Ukraine or not being citizens of Ukraine, but having the permanent residence in the territory of Ukraine (for legal entities - the location in the territory of Ukraine), irrespective of in what territory their works or objects of the related rights were promulgated;

2) the subjects of copyright specified in article 5 of this Law and subjects of the related rights specified in part two of article 35 of this law irrespective of their nationality and the permanent residence (for legal entities - their location), works or objects of the related rights of which are promulgated in the territory of Ukraine or are not promulgated, but which are in objective form in the territory of Ukraine;

3) the subjects of copyright specified in article 5 of this Law and subjects of the related rights specified in part two of article 35 of this Law irrespective of their nationality and the permanent residence, works or objects of the related rights of which are promulgated in other country and within 30 days after that are published in the territory of Ukraine;

4) other persons, copyright and/or the related rights of which are protected according to international treaties of Ukraine;

5) special type of persons of law (sui generis) on the non-original object generated by the computer program specified in article 33 of this Law.

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