Ukraine to Adopt Amendments to Copyright Law

On February 1, 2011, the Ukrainian Parliament passed the Bill amending acts on copyright and related rights. The amended acts will be introduced to the Law on Copyright and Related Rights, the Administrative Offences Code of Ukraine, the Civil Code and other legislative acts of Ukraine. The amendments are expected to enter into force by the end of 2011.

The Bill aims to bring the provisions of Ukraine’s Civil Code and the Law on Copyright and Related Rights in line with relevant EU legislation.

The Bill more clearly defines work for hire. Under current regulations, the proprietary rights belong to the employer only; under the new regulations, the rights will belong to both the employee and the employer. The proprietary rights for computer programs and databases will belong to the employer unless otherwise defined in the agreement.

The Bill also includes a list of requirements related to copyright collectives, including the provision according to which copyright and/or related rights will no longer be managed by the state. Individuals or legal entities can now establish collective management organizations.

The other changes include:

• Defining terms (“videogram”, “recreation”, “collective management organization”, “distribution”) and introducing a new term “cable retransmission”;

• Adding the right to permit or prohibit a cable retransmission to the list of exclusive rights;

• Prohibiting camcording;

• Requiring TV and radio organizations to provide copies of agreements concluded with the authorized collective management organizations when filing a license grant request;

• Increased civil, administrative and criminal responsibility for violators of copyright and/or related rights.

For more information, please contact Tatiana Panchenko at our Ukraine office.

Source: Ukrainian parliament website