What works, who and when can be made public without the author's consent.
On January 1, 2023, the new Law 2811-IX “On Copyright and Related Rights” entered into force and the old law with the same name became invalid. What was fundamentally new in this field in Ukraine was analyzed by “Sudovo-yuridychna Gazeta”. /span>
Yes, the new law introduces the concept of an orphan work. These are works, phonograms, videograms, recorded performances made public in Ukraine, regarding which none of the subjects of property rights have been identified as a result of a thorough search, and in case of identification of such a subject (including objects published anonymously or under a pseudonym) – his location is not established.
According to Article 29of the Law the use of orphan works is permittedlibraries, museums with open access for visitors, archives or organizations for the preservation of audio and video recording funds by means of reproduction for the purpose of digitization, indexing, cataloging, preservation or restoration of a copy after taking measures to identify and properly search for authors, other subjects of copyright, which did not lead to the identification of the relevant subjects of copyright or the discovery of identified subjects.
A work published on the territory of Ukraine can acquire orphan status:
1) a work published in a book, magazine, newspaper or other written publications, contained in the collections of libraries, museums with open access for visitors, in archives or organizations for the preservation of audio and video recording funds;
2) an audiovisual work contained in the collections of libraries, museums with open access for visitors, in archives or organizations for the preservation of audio and video funds.
However, if a person appears who, in the prescribed manner, proves the existence of property rights, such works lose their orphan status.
RIGHT OF TRACKING
Also, the new law defines that the author has an inalienable right to receive fair remuneration, as a share of deductions from each sale of an original artistic work (a work of graphic or plastic art , such as a drawing, collage, picture, drawing, engraving, print, lithograph, sculpture, tapestry, ceramic and glass work, photographic work, etc.), an original manuscript of a literary or musical work, next in sales to the original, carried out by the author (right of follow-up).
Their copies, produced in limited quantities by the author himself or under his direction, which are numbered, signed by the author or contain other designations certifying its authorship.
The right of succession belongs to the author, and after his death passes to the heirs of the author and the heirs of these heirs < strong>and is valid until the expiry of the periods of validity of intellectual property rights to the work established by this Law. owner, than the author of such work, or the heir of such author.
Depending on the price of the subsequent sale excluding taxes the amount of fair remuneration is:< /strong>
- 6 percent – for a sales price equivalent to 50 euros to 3,000 euros inclusive;
- 5 percent – for a sales price equivalent to 3,000.01 euros to 50,000 euros inclusive;
- 3 percent – for the sales price range equivalent to €50,000.01 to €200,000;
- 1 percent – for the sales price range equivalent to €200,000.01 to €350,000;
- 0.5 percent – for the sales price range equivalent to EUR 350,000.01 to EUR 500,000;
- 0.25 percent – for the sale price above the equivalent of 500,000 euros.
At the same time, the total amount of fair remuneration for each subsequent sale of one original the work following its first disposal cannot exceed the amount equivalent to 12,500 euros.
Definition of equivalent in euros, the sale price is based on the official exchange rate set by the National Bank of Ukraine on the day of the sale of the work of art.
Payment of remuneration for the right of follow-up is not made if:
1) further sale of the original work and its acquisition are carried out by natural persons without the participation of the author (except when the next sale is carried out using the Internet – through social networks, Internet forums, groups, online advertising platforms, trading platforms, marketplaces, auctions, tenders, etc.);
2) the value of the subsequent sale of the original work by the author does not exceed the equivalent of 50 euros.
In the case of the subsequent sale of the original work through auctions, galleries, salons, shops, etc., the obligation to pay the author (the author's heirs) a fair remuneration for the right to follow is assigned to persons engaged in trade in works of art (auctions, galleries, salons, shops, etc.), regardless of whether this person acts on his own behalf , or on behalf of the owner of the original work. And in the case of alienation of the original work using the Internet (via social networks, Internet forums, groups, online classifieds platforms, online auctions, trading platforms (marketplaces), auctions, tenders, etc.), payment of fair compensation for the right of follow-up is carried out directly by persons who make a public offer for the sale of the original work.
Persons who make a subsequent sale (public offer) of the original work are obliged reporta collective management organization accredited in the field of mandatory collective management with regard to the right of follow-up, about the next sale within one month from the date of such sale, to provide this organization with the information necessary for the collection and distribution of the reward, and to pay this organization a fair fee within 10 days from the moment of providing information about the next sale of the specified original work.
COPYRIGHT PERIOD
Article 31 of the Law defines the “term of validity of copyright”.
This is the term of validity of property rights intellectual property of the work expires after 70 years, calculated from January 1 of the year following the year of the author's death, except for the cases provided below.
Yes, for works published anonymously or under a pseudonym, the term of validity of intellectual property rights to a work expires after 70 years, calculated from January 1 of the year following the year in which the work was published.
The period of validity of intellectual property rights for a work created in co-authorship expires after 70 years, calculated from January 1 of the following year by the year of death of the last co-author.
If the work in its entirety is not published simultaneously,and successively in time in volumes, parts, issues, series, etc., and the term of validity of the property rights of intellectual property begins from the date when the work was lawfully made public, the term of validity of the property rights of intellectual property for such a work is determined separately for each published part of the work.
Term of validity of property intellectual property rights to the posthumously rehabilitated author's workexpires after 70 years, calculated from January 1 of the year following the year of the author's rehabilitation. not from the death of the author (one of the co-authors or one of the authors), has not been lawfully published within 70 years from the date of its creation, the validity of intellectual property rights to such a work is terminated.
Any person who lawfully publishes an unpublished work for the first time after the expiration of the period of validity of intellectual property rights to it, enjoys protection equivalent to the protection of intellectual property rights to the work. The term of validity of such rights is 30 years from the date of first lawful publication – for works of science and works of a critical nature, 25 years from the date of first lawful publication – for all other works.
Related video
