On January 1, 2023, the new Law 2811-IX “On Copyright and Related Rights” came into force and the old law with the same name became invalid. What is fundamentally new in this area in Ukraine, analyzed "

ORPHAN WORK.

Thus, the new law introduces the concept of an orphan work. These are works, phonograms, videograms, fixed performances published in Ukraine, in respect of which none of the subjects of property rights has 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), its location has not been established.

In accordance with Article 29 of the Law, the use of orphan works by libraries, museums with open access to visitors, archives or organizations for the preservation of funds of audio and video recordings by means of reproduction is allowed for the purpose of digitization, indexing, cataloging, preserving or restoring the copy after taking measures for identification and proper.

To acquire the status of an orphan may be published on the territory of Ukraine:.

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 funds of audio and video recordings;

2) an audiovisual work contained in the collections of libraries, museums with open access to visitors, in archives or organizations for the preservation of funds of audio and video recordings.

However, if a person appears who, in accordance with the established procedure, reasonably proves the existence of property rights, such works lose the status of an orphan.

RIGHT TO GO.

The new law also defines that the author has an inalienable right to receive a fair remuneration, as part of the royalties from each sale of the original work of art (work of graphic or plastic art, such as a drawing, collage, painting, drawing, engraving, printmaking, lithography, sculpture, tapestry).. ), the original manuscript of a literary or musical work following the sale of the original by the author (right of succession).

Copies made in limited quantities by the author himself or under his supervision, numbered, signed by the author or containing other designations certifying his authorship are equated to the originals of works..

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 and is valid until the expiration of the terms of validity of intellectual property rights to the work established by this Law.

The sale of the original work is considered subsequent if the sale is carried out by a different owner than the author of the work or the author's heir.

Depending on the resale price, excluding taxes, the fair consideration is:.

6 percent - for the sale price equivalent to from 50 euros to 3000 euros inclusive;

5 percent - for the sale price equivalent to 3,000.01 euros to 50,000 euros inclusive;

3 percent - for the sale price range equivalent to EUR 50,000.01 to EUR 200,000;

1 percent - for the sale price range equivalent to EUR 200,000.01 to EUR 350,000;

0.5 percent - for the sale 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 consideration for each subsequent sale of one original of the work following its first alienation may not exceed an amount equivalent to 12,500 euros..

The determination of the equivalent sale price in euros is carried out at the official rate established by the National Bank of Ukraine on the day the work of art is sold.

Payment of remuneration for the right to follow is not made if:.

1) the subsequent sale of the original work and its acquisition are carried out by individuals without the participation of the author (except when the next sale is carried out using the Internet - through social networks, Internet forums, groups, online announcement platforms, trading platforms, marketplaces, auctions,.

2) the price of the subsequent sale of the original work by the author does not exceed the equivalent of 50 euros.

In case of subsequent sale of the original work through auctions, galleries, salons, shops, etc.. , the obligation to pay the author (author's heirs) a fair remuneration for the right to follow is assigned to persons engaged in the trade in works of art (auctions, galleries, salons, shops, etc.). ), regardless of whether the person in question is acting on his own behalf, or on behalf of the owner of the original work. And in the case of selling the original work via the Internet (via social networks, Internet forums, groups, online announcement platforms, online auctions, trading platforms (marketplaces), auctions, tenders, etc.. ), payment of a fair remuneration for the right to follow is made directly by persons making a public offer to sell the original work,.

Persons carrying out the subsequent sale (public offer) of the original work are obliged to inform the collective management organization accredited in the field of compulsory collective management regarding the right to follow, about the subsequent sale within a month from the date of such sale, provide this organization with the information necessary for the collection and distribution of remuneration.

COPYRIGHT DURATION.

Article 31 of the Law determines the duration of copyright.

Thus, the period of validity of intellectual property rights to a work expires after 70 years, calculated from January 1 of the year following the year of the death of the author, except as provided below..

Thus, for works published anonymously or under a pseudonym, the intellectual property rights to the work expire after 70 years, calculated from January 1 of the year following the year in which the work was made public..

The intellectual property rights to a work created in co-authorship expire after 70 years, calculated from January 1 of the year following the year of death of the last co-author.

If the work in its entirety is published not simultaneously, but sequentially in time in volumes, parts, issues, series, etc.. and the term of intellectual property rights starts from the date when the work was lawfully made public, the term of intellectual property rights is determined separately for each published part of the work.

The intellectual property rights to the work of a posthumously rehabilitated author expire after 70 years, calculated from January 1 of the year following the year of the author's rehabilitation.

If a work for which the period of validity of proprietary intellectual property rights is calculated not from the death of the author (one of the co-authors or one of the authors), has not been lawfully made public within 70 years from the date of its creation, the validity of proprietary intellectual property rights to such a work is terminated..

Any person lawfully making public for the first time a previously unpublished work after the expiration of the intellectual property rights to it shall enjoy protection equivalent to that of intellectual property rights to the work.. The duration of such rights is 30 years from the date of the first legal publication - for works of science and works of a critical nature, 25 years from the date of the first legal publication - for all other works..