6. The copyright and neighboring rights

The Constitution of Ukraine guarantees to citizens the right to result of the intellectual, creative activity.

The copyright and the neighboring rights are settled by the Civil Code of Ukraine and a number of other regulatory legal acts.

Copyrights are personal non-property and property rights of authors and their assignees, connected with creation and use product of science, literature and art.

The neighboringrightsare the rights of performer, manufacturers of soundtracks and visible records and the announcement organizations.

According with art. 433 of civil code of Ukraine objects of copyright shall be the works, namely:

1) works of literature and arts, including:

novels, poems, articles and other written works;

lectures, speeches, sermons and other oral works;

dramatic and musical drama works, pantomimes, choreography, and other works created forstage presentation;

musical works, with or without lyrics;

audio visual works;

works of painting, architecture, sculpture and graphics;

photographic works;

works of applied art;

illustrations, maps, layouts, drawings, and plastic works relating to geography, topography,

architecture or science;

translations, adaptations, musical arrangements, and other versions of literary and artistic works;

collections of works provided that they result from intellectual activity involving selection or arrangement of their components;

2) computer software;

3) data compilations (databases) provided that they result from intellectual activity involving

selection or arrangement of their components;

3. other works.

Objects of neighboring rights, irrespective of any formalities regarding these objects and of designation, contents, value or method and form of expression shall be:

a) performances;

b) phonograms;

c) video grams;

d) media broadcasts (programs).

The author of the work shall be deemed the initial subject of copyright. In the absence of evidence to the contrary, any individual who indicates himself in a regular manner as the author of the original or a specimen of the work shall be deemed the author (presumption of the authorship). Other individuals and legal entities that acquired the rights in the works pursuant to the agreement or the law shall be also deemed the subjects of copyright.

The copyright and neighboring rights are protected by the law. The term of validity for a proprietary copyright shall expire in 70 years counted out since January the 1st of the year following the year of the author’s death or the death of the last coauthor who outlived the rest, except for the cases envisaged by the law.

The validity term for proprietary neighboring rights to performance shall expire in 50 years counted out since January the 1st of the year following the year of the first record of the performance and in the absence of such a record – since January the 1st of the year following the year of performance.

The validity term for proprietary neighboring rights to phonogram/video gram shall expire in 50 years counted out since January the 1st of the year following the year of its promulgation and in the absence of such a promulgation – in 50 years since the date of its manufacturing - January the 1st of the year following the year of the phonogram/video gram manufacturing.

The validity term for proprietary neighboring rights to media broadcast (program) shall expire in 50 years counted out since January the 1st of the year following the year of its first transmission.

In separate cases the law can establish other validity terms for neighboring rights.