Copyright issues

In Ukraine, the principle of presumption of authorship applies - in the absence of evidence to the contrary, the author of a work is considered to be the person indicated as the author on the original or copy of the work. According to the Law of Ukraine "On Copyright and Related Rights", copyright to content arises as a result of the fact of its creation.

For copyright protection, copyright holders (content creators and/or copyright holders) have the right to apply to the court in accordance with the established procedure. If there are grounds, you can also contact the National Police. The first and most operational measure in the process of protecting and restoring the violated rights of the author is to send a claim to the address of the person who committed such a violation. If signs of such a violation are found on the Internet, then a substantiated claim, with a statement of arguments and a reference to the norms of current legislation, must also be sent to the hosting provider and the owner of the domain name of the relevant resource.

In case of copyright infringement, the author has the right by law:

1. Demand recognition and restoration of one's rights, prohibit actions that infringe copyright or create a threat of infringement.

2. Apply to the court with a claim for the restoration of violated rights and the cessation of actions that violate copyright or create a threat of their violation.

3. File claims for damages (material damage), including lost profits. Or for recovery of income received by the infringer as a result of his copyright infringement.

4. File claims for compensation for moral damages.

5. Demand the cessation of preparatory actions for copyright infringement, including the suspension of customs procedures, if there is a suspicion that counterfeit copies of works, phonograms, and videograms may be introduced into or out of the customs territory of Ukraine.

6. Participate in the inspection of production facilities, warehouses, technological processes and business operations related to the production of copies of works, phonograms and videograms, in respect of which there are grounds for suspicion of infringement or threat of infringement of copyright.

7. Require publication in the media of information about the facts of copyright infringement and court decisions regarding these violations.

8. Require infringers to provide information about third parties involved in the production and distribution of counterfeit copies of works, as well as means of circumventing technical protection measures, and about their distribution channels.