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LAW OF UKRAINE

of December 23, 1993 No. 3792-XII

About copyright and the related rights

(as amended on 15-07-2021)

This Law protects the personal non-property rights and property rights of authors and their legal successors connected with creation and use of works of science, literature and art - copyright, and the rights of contractors, producers of soundtracks and videograms and the organizations of broadcasting - the related rights.

Section I General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

the author - physical person which the creative activity created the work;

the account - the record formalized according to standards of the Internet on the computer equipment (computers, servers) connected to the Internet identifying the user (for example, the owner of the website) on such equipment, includes data on access to part of catalogs and the software of the computer equipment, and also determines the rights of such access giving opportunity to the owner of the account to add, delete, change electronic (digital) information and data of the website, to provide access to the website or its parts, certain these other persons, to stop functioning of such website or its part within accounting record;

the audiovisual work - the work which is fixed on certain material carrier (film, magnetic film or magnetic disk, compact disk, etc.) in the form of series of consecutive personnel (images) or analog or discrete signals which represent is (coded) by mobile images (both with soundtrack, and without it) and which perception is possible only by means of this or that type of the screen (screen, the television screen, etc.) on which mobile images are visually represented by means of certain technical means. Types of the audiovisual work are movies, television movies, videos, filmstrips, slide-films, etc. which can be game, animation (animated), not game or others;

audiodescription (tiflokommentirovaniye) - creation of separate soundtrack with the offscreen description of the character, subject, space or action in video production for blind people, persons with violations of sight and persons with dyslexia;

the database (compilation of data) - set of works, data or any other independent information in any form, including - electronic, matching and which arrangement of components and its streamlining is result of creative activity and which components are available individually and can be found by means of special search engine on the basis of electronic means (computer) or other means;

the website - data set, electronic (digital) information, other 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 this website, access to which is provided through the address on the Internet which can consist of domain name, record about the catalog or challenges and (or) numerical addresses under the Internet protocol;

the web page - website component which may contain data, electronic (digital) information, other objects of copyright and (or) the related rights and so forth;

the owner of the website - person who is the owner of accounting record also establishes procedure and conditions of use of the website. In case of failure of evidence of other the reestrant 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;

the owner of the web page - person which is the owner of accounting record which is used for placement of the web page on the website and 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 last has accounting record which allows it independently, irrespective of the owner of the website to place information on the web page and to manage it;

exclusive right - property right of person having concerning the work, execution, statement, transfer of broadcasting to the organization, soundtrack or the videogram copyright and (or) the related rights on use of these objects of copyright and (or) the related rights only it and on issue only this person of permission or prohibition of their use to other persons within the term established by this Law;

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

the contractor - the actor (theater, cinema, etc.), the singer, the musician, the dancer or other person who plays role, sings, reads, recites, plays musical instrument, dances or any different way performs literary works, arts or performing folk art, circus, variety, doll acts, pantomimes, etc., and also the conductor of musical and musical and drama works;

the producer of the videogram - physical person or legal entity which took the lead also bears responsibility for the first video of execution or any mobile images (both with soundtrack, and without it);

the producer of soundtrack - physical person or legal entity which took the lead also bears responsibility for the first sound recording of execution or any sounds;

the videogram - video on the corresponding material carrier (magnetic tape, magnetic disk, compact disk, etc.) of execution or any mobile images (with soundtrack or without it), except images in the form of record which is included into the audiovisual work. The videogram is initial material for production of its copies;

reproduction - production of one or more copies of the work, videogram, soundtrack in any material form, and also their record for temporary or permanent storage in electronic (including digital), optical or other form which the computer can read out;

information on management of the rights - information, including in electronic (digital) form, identifying object of copyright and (or) the related rights and the author or other person who has to this object copyright and (or) the related rights, or information on conditions of use of object of copyright and (or) the related rights, or any figures or codes in which such information when any of these elements of information is applied to copy of object of copyright and (or) the related rights is provided or it is placed in it or appears in connection with its message to general data;

name of the author - set of words or signs which identify 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, etc.;

record (sound recording, video) - fixing by means of special technical means (including by means of numerical representation) on the corresponding material carrier of sounds and (or) mobile images that gives the chance to perform their perception, reproduction or the message by means of the corresponding device;

delivery in property employment - transfer of right to use and (or) ownership of the original or copy of the work, soundtrack, the videogram for certain term for the purpose of receipt of sure or indirect commercial gain;

cable relaying - acceptance and simultaneous transfer by the teleradio organizations, providers of program service and other persons, irrespective of the used technical means, complete and invariable transfers (programs) of the organizations of broadcasting or their essential parts, and also works, execution, soundtracks, videograms, in particular, which contain in such transfers (programs) of the organizations of broadcasting provided that initial broadcast of such transfer (program) is performed by the organization of broadcasting which does not fall under jurisdiction of Ukraine according to the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine;

kamkording - video of the audiovisual work in case of its public demonstration at movie theaters, other film spectacular institutions persons which are in the same room where there is such public demonstration, for any purposes without the permission of the subject of copyright or the related rights;

kardsheyring - providing in any form and in any manner access to the program (transfer) of broadcasting to the organization, access to which is limited by the subject of copyright and (or) the related rights use of technical means of protection (the subscriber card, code, etc.), bypassing such technical means of protection therefore the specified program (transfer) can be apprehended or otherwise is available without use of technical means of protection;

the caricature - the work of the fine arts which is creative conversion of another of legally promulgated work including the character of the work or name of the character of the work, on the content has comic, satirical nature or goes for ridiculing of certain persons or events;

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 which put it in action for achievement of particular purpose or result (this concept covers both operating system, and the application program expressed in initial or object codes);

the counterfeit copy of the work, soundtrack, the videogram - the copy of the work, soundtrack or the videogram reproduced, published and (or) extended with copyright violation and (or) the related rights, including copies of the works protected in Ukraine, soundtracks and videograms which are imported on customs area of Ukraine without the consent of the author or other subject of copyright and (or) the related rights in particular from the countries in which these works, soundtracks and videograms were never protected or ceased to be protected;

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

promulgation (disclosure to public) works - the action performed with the consent of the author or other subject of copyright and (or) the related rights which for the first time makes the work available for public by publication, public performance, public display, public demonstration, the public message, etc.;

publication of the work, soundtrack, the videogram - release into the stream of commerce with the consent of the author or other subject of copyright and (or) the related rights of the copies of the work, soundtrack, the videogram made by printing, electronic or different ways in the quantity capable to satisfy, taking into account nature of the work, soundtrack or the videograms reasonable for need of public, by their sale, delivery in property employment, household or commercial hire, provision of access to them through electronic systems of information in such a way that any person can receive it from any place and at any time at its sole option, either transfers of property on them or ownership of them in other ways. Publication of the work, soundtrack, the videogram also deposition of the manuscript of the work, soundtrack, the videogram in storage (depositary) with open access and possibility of receipt of copy (copy) of the work in it, soundtracks, videograms is considered;

the organization of collective management (the organization of collective management of property rights) - the organization which manages on collective basis property rights of subjects of copyright and (or) the related rights and does not aim at profit earning;

the organization of broadcasting - the organization of on-air broadcasting or the organization of cable broadcasting;

the organization of on-air broadcasting - the teleradio organization which performs the public message of radio - or telecasts and programs of broadcasting (both own production, and production of other organizations) by transfer to air by means of radio waves (and also laser beams, gamma beams, etc.) in any frequency range (including with use of companions);

the organization of cable broadcasting - the teleradio organization which performs the public message of radio - or telecasts and programs of broadcasting (both own production, and production of other organizations) by transfer on signal distance by means of this or that type of land, underground or underwater cable (conduction, fiber-optical or other type);

the service provider of hosting - person providing to owners of websites services and (or) resources for placement of websites or their parts on the Internet and on ensuring access to them through the Internet. The owner of the website which places the website or its part on the Internet on own resources and (or) independently provides access to it with use of the Internet, at the same time is service provider of hosting;

the parody - the work which is creative conversion of another of legally promulgated work or its part on the content has comic, satirical nature or goes for ridiculing of certain events or persons;

the potpourri - musical or other work which is creative matching and arrangement of fragments from others legally promulgated works or which imitates creative style of other authors or contractors or other historical eras;

person - physical person or legal entity;

the derivative work - the work which is creative conversion of other existing work without damnification to its protection (the summary adaptation, arrangement, processing of folklore, other conversion of the work) or its creative translation into other language (the audiovisual works received by duplication, scoring, subtitling in Ukrainian or other languages of other audiovisual works do not belong to derivative works);

special digital format for blind people, persons with violations of sight and persons with dyslexia - digital format for record of the audited book which has convenient navigation and promotes bystry search of the required material (the page, the Section, the paragraph, the table, etc.);

work copy - the copy of the work executed in any material form;

soundtrack copy - the copy of soundtrack on the corresponding material carrier executed directly or indirectly from this soundtrack and containing all sounds fixed on it or their part;

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