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The Law of Ukraine On Copyright and Related Rights

The Law of Ukraine

On Copyright and Related Rights

as amended by the Laws of Ukraine N 75/95-VR of February 28, 1995, N 998-XIV of July 16, 1999, N 2627-III of July 11, 2001 (this Law is set forth in new wording according to the Law of Ukraine N 2627-III of July 11, 2001), N 850-IV of May 22, 2003, N 1294-IV of November 20, 2003 (In the text of the Law words "regular family" and "one regular family" are replaced with words "family circle" in respective cases according to the Law of Ukraine N 850-IV of May 22, 2003)

This Law shall protect personal non-proprietary rights and proprietary rights of authors and their successors related to the creation and use of works of science, literature and art - copyright, and the rights of performers, phonogram and videogram producers and broadcasting organizations - related rights.

Chapter I

GENERAL PROVISIONS

Article 1. Definitions

For the purposes of this Law terms shall have the following meaning:

author - an individual who created a work by his creative effort;

audiovisual work - a work fixed on a certain material medium (cinema film, magnetic tape or magnetic disk, CD, etc.) in the form of a series of consecutive images or analog or discrete signals reproducing (encoding) moving images (with and without a soundtrack), the perception of which is possible exclusively by means of any sort of a display (cinema screen, TV screen, etc.) on which moving images are reproduced visually with the help of certain technical means. The varieties of an audiovisual work are movies, TV films, video films, dia-positive film strips, slide films, etc. that can be fiction, animation (cartoons), non-fiction or other;

database - aggregate works, data or any other independent information in a free form, including electronic, selection, layout and composition of which is the result of creative work, and component parts of which are accessible individually and can be found and processed via a special retrieval system based on electronic (computer) and other means;

exclusive right - a proprietary right of a person holding copyright and (or) related rights with respect to a work, performance, staging thereof, a broadcasting organization's transmission or a phonogram (videogram), entitling this person alone to use these objects of copyright and related rights, and entitling this person alone to allow or prohibit the use thereof by other persons during the term stipulated by this Law;

performer - an actor (theatre actor, cinema actor, etc.), singer, musician, dancer or other person who acts, sings, recites, declaims, plays a musical instrument, dances or otherwise performs works of literature or art, including folklore, circus, variety and puppet shows, pantomimes, etc., as well as a conductor of musical and musical drama works;

videogram producer - an individual or a legal entity that initiated and assumed responsibility for the first video recording of a performance or any moving images (with or without a soundtrack);

phonogram producer - an individual or a legal entity that initiated and assumed responsibility for the first sound recording of a performance or other sounds;

videogram - video recording on the appropriate material medium (magnetic tape, magnetic disk, CD, etc.) of a performance or any moving images (with or without a soundtrack) except images in the form of a recording that constitute an audiovisual work. A videogram is the original material for producing copies thereof;

reproduction - production of one or more specimens of a work, videogram, phonogram in any material form, as well as their recording for temporary or permanent storage in electronic (including digital), optical or other computer-readable form;

the state system of legal protection for intellectual property - the Institution and a number of expert, scientific, educational, informational and other state establishments of respective specialization, included into the Institution's sphere of management.

(Article 1 is added with a new paragraph according to the Law of Ukraine N 850-IV of May 22, 2003)

Information on right administration - information, including the information in electronic (digital) form that identifies the object of copyright and/or related rights, and the author or another person holding the copyright and (or) related rights to this object, or information on the conditions of use of the object of copyright and/or related rights, or any other figures or codes representing such information, in case any of such elements of information is attached to a specimen of the object of copyright and/or related rights, or enclosed into it, or appears when a corresponding notification is made public;

author's name - an aggregate of words or marks identifying an author: author's last and first names; author's last name, first name and patronymic; author's initials; author's pseudonym; a mark (an aggregate of marks) adopted by the author, etc.;

recording (audio recording, video recording) - fixation of sounds and (or) moving images with the help of special technical means (including through digital presentation) on the appropriate material medium that allows their perception, reproduction or notification via the appropriate device;

transfer for property lease - assignment of the right for use and (or) ownership of an original or a specimen of a work, a phonogram or videogram during a specified term with the aim of deriving direct or indirect commercial benefit;

computer software - a set of instructions in the form of words, digits, codes, schemes, symbols or in any other form, expressed in a computer-readable form, that enable it to achieve certain goals or results (this notion covers both an operating system and an application expressed in output or object codes);

counterfeit specimen of a work, phonogram, videogram - a specimen of a work, phonogram, videogram produced, published and (or) distributed in violation of copyright and (or) related rights, including specimens of works, phonograms, videograms protected in Ukraine, and imported into the Ukrainian territory without the consent of the author or other subject of copyright and/or related rights, particularly in countries where these works, phonograms, videograms have never been protected by the law, or their protection has been suspended.

promulgation (disclosure to the public) of a work - an action - by consent of an author or other subject of copyright and(or) related rights - that makes a work available to the public for the first time by means publication, public performance, public display, public demonstration, public notification, etc.;

publication of a work, phonogram, videogram - issuance into circulation - by consent of an author or other subject of copyright or related rights - of specimens of a work or a phonogram (videogram), manufactured by printing, electronic or other means in quantity that - taking into account the nature of a work, phonogram or videogram - satisfies reasonable needs of the public through their sale, transfer for property lease, home or commercial rental, granting access thereto through electronic information systems in a way allowing any individual to receive information from any place, and at any time at his/her own choice, or the transfer of the proprietary right to them by any other means. Publication of a work, phonogram, videogram also means depositing a manuscript of the work, phonogram or videogram in an open-access depositary with a possibility of obtaining a specimen (copy) of a work, phonogram or videogram;

collective management organization (organization for collective management of proprietary rights) - a non-profit organization that manages on a collective basis the proprietary rights of copyright and (or) related rights holders;

broadcasting organization - an air broadcasting organization or a cable broadcasting organization;

air broadcasting organization - a TV and radio organization broadcasting radio or television transmissions and programs (produced by this organization or by other organizations) by transmitting on the air with the help of radio waves (and laser beams, gamma-beams, etc.) in any frequency band (including via satellites);

cable broadcasting organization - a TV and radio organization broadcasting radio or television transmissions and programs (produced by this organization or by other organizations) through remote transmission of a signal over surface, underground or underwater (conductor, optical fiber or other) cables;

person - an individual or a legal entity;

derivative work - a work that is a creative remaking of other existing work without prejudicing the existing work's protection (annotation, adaptation, arrangement, version of a folklore item, other remaking of a work) or a creative translation thereof into another language (derivative works shall not include the audiovisual works obtained by dubbing, soundtracking, or by adding subtitles in Ukrainian or other languages thereto);

specimen of a work - a copy of a work produced in any material form;

specimen of a phonogram - a copy of a phonogram on the appropriate material medium produced directly or indirectly from the phonogram and contains all sounds or a part of those fixed on it;

specimen of a videogram - a copy of a videogram on the appropriate material medium produced directly or indirectly from the videogram and contains all movable images or a part of those fixed on it (both with and without a soundtrack);

producer of an audiovisual work - a person that organizes or organizes and finances the creation of an audiovisual work;

pseudonym - a fictitious name selected by an author or a performer to identify his authorship;

public performance - presentation - by consent of subjects of copyright and/or related rights - of works and their performances, phonograms, broadcasting organizations' transmissions by means of declamation, playing, singing, dancing and other means both directly (live performance) and via any devices or processes (except for air or cable transmission) in places that are attended or can be attended by persons who do not belong to the family circle or close acquaintances of a family, regardless of whether they are present in one place at the same time or in various places at various times;

public demonstration of an audiovisual work, videogram - single or multiple public presentation - by consent of subjects of copyright and/or related rights of an audiovisual work or performance or any movable images fixed in a videogram in places that can be attended by persons who do not belong to the family circle or close acquaintances of such a family;

public display - any demonstration of the original or a specimen of a work, performance, phonogram, videogram, a broadcasting organization's transmission - by consent of subjects of copyright or related rights - either directly or on a screen by means of a tape, slide, television frame, etc. (except for air or cable transmissions) or via other devices or processes in places that are attended or can be attended by persons who do not belong to the family circle or close acquaintances of the displaying person's family, regardless of whether they are present in one place at the same time or in various places at various times (public display of an audiovisual work or a videogram also means demonstration of individual frames of an audiovisual work or a videogram without observance of their sequence);

public notification (making public) - air transmission - by consent of subjects of copyright and/or related rights - with the help of radio waves (laser beams, gamma-beams, etc.), including via satellites, through remote transmission of a signal with the help of wires, over surface, underground or underwater (conductor, optical fiber or other) cables of works, performances, any sounds and/or images, their recordings in phonograms and videograms, broadcasting organization's transmissions, etc, when the indicated transmission can be received by an unlimited number of persons in various places, remoteness of which from the place of transmission is so significant that images or sounds cannot be received without the transmission indicated;

reprographic reproduction - facsimile reproduction of any size (including enlarged or reduced) of the original of a written or other graphic work or a specimen thereof by means of photocopying or other similar means, except for recording in electronic (including digital), optical or other computer-readable form;

distribution of objects of copyright and/or related rights - any action, with the help of which objects of copyright or related rights are offered to the public directly or indirectly, including making these objects public in a way, when its representatives can have access to these objects from any place and at any time at their own choice;

course-of-duty work - a work created by an author in the course of his duty in accordance with his job or under an employment agreement (contract) between the author and the employer;

public domain - works and objects of related rights, the copyright and (or) related rights on which has expired;

work of architecture - a work of construction or landscape design art (drawings, sketches, models, erected buildings and facilities, parks, residential area layouts, etc.);

work of fine art - a sculpture, painting, drawing, engraving, lithograph, a work of artistic (including stage) design, etc.;

work of applied art - a work of art, including art crafts, hand-made or created by industrial means for daily use, or one applied to an object so used;

technical means of protection - technical devices and/or technological means designed for creating a technological obstacle to the infringement of copyright and/or related rights while receiving and/or copying of protected (encoded) recordings in phonograms (videograms) and broadcasting organizations' transmissions, or for controlling access to the use of objects of copyright and related rights;

Institution - the central body of executive power in the sphere of intellectual property;

phonogram - a sound recording on the appropriate material medium (magnetic tape or magnetic disk, gramophone record, CD, etc.) of a direct (live) performance of a work or other sounds in the form of recording, included in an audiovisual work. A phonogram is the original material for producing specimens (copies) thereof;

quotation - a relatively brief excerpt from a literary, scientific or any other published work that is used, with a compulsory reference to its author, and a source of quotation by another person in his work in order to make his statements understandable or to refer to opinions of the other author in their original wording.

Article 2. Ukrainian Legislation on Copyright and Related Rights

The Ukrainian legislation on copyright and related rights shall be based on the Constitution of Ukraine and shall consist of the relevant rules of the Civil Code of Ukraine, this Law, the Laws of Ukraine "On Ownership", "On Cinematography", "On Television and Radio Broadcasting" , "On Publishing" , "On Distribution of Copies of Audiovisual Works and Phonograms" , as well as on other legislative acts of Ukraine protecting personal non-proprietary rights and proprietary rights of copyright and related rights holders.

Article 3. The Scope of the Law

1. The force of this Law shall be applicable to:

a) the works specified in part one of Article 8 of this Law, and the objects of related rights specified in Article 35 of this Law, regardless of the place of their first promulgation ( or non-promulgated items that are physically located in Ukraine), the authors of or holders of copyright and (or) related rights to which is an individual - a citizen of Ukraine or those who are not citizens of Ukraine but have permanent residence in Ukraine, or a legal entity having its permanent seat located in Ukraine;

b) the works specified in part one of Article 8 of this Law and the objects of related rights specified in Article 35 of this Law that were first promulgated in Ukraine, or those that were first promulgated outside Ukraine, but were promulgated in Ukraine within 30 days thereafter;

c) transmissions of the broadcasting organizations that have their official seats located in Ukraine and broadcast via transmitters located in Ukraine;

d) works of architecture that are physically located in Ukraine;

e) other works and objects of related rights that are protected in accordance with the international agreements of Ukraine.

2. The provisions of this Law are aimed at protecting the personal non-proprietary rights and proprietary rights of:

a) the subject of copyright specified in Article 7 of this Law and the subjects of related rights specified in part one of Article 36 of this Law who are Ukrainian citizens or not Ukrainian citizens, but have their permanent residence in Ukraine (for legal entities - have their permanent seats located in Ukraine), regardless of the territory in which their works or objects of related rights were first promulgated;

b) the subjects of copyright specified in Article 7 of this Law and the subjects of related rights specified in part one of Article 36 of this Law, irrespective of their citizenship and permanent residence (for legal entities - location of their permanent seats), whose works or objects of related rights were first promulgated in Ukraine, or as regards those that were not promulgated but are physically located in Ukraine;

c) the subjects of copyright specified in Article 7 of this Law and the subjects of related rights specified in part one of Article 36 of this Law, irrespective of their citizenship and permanent residence, whose works or objects of related rights were first promulgated in another country and were promulgated in Ukraine within 30 days thereafter;

d) other persons that hold copyright and/or related rights.

3. The subjects of copyright and (or) related rights, irrespective of their citizenship, whose works or objects of related rights were first promulgated in another state, or as regards those that were not promulgated but are physically located in the other state, they shall be granted legal protection in accordance with the international agreements of Ukraine.

Article 4. Authorities of the Institution in the Sphere of Protection of Copyright and Related Rights

1. The Institution shall ensure the implementation of the State policy in the sphere of protection of copyright and related rights, shall exercise the following powers stipulated hereby, and perform the following functions:

monitor the application and observance of Ukraine's domestic legislation and international agreements in the sphere of copyright and related rights;

keep records of collective management organizations after their registration, supervise the activity of these organizations and provide them with methodological assistance;

control the observance of this Law according to the procedure, stipulated by the Cabinet of Ministers of Ukraine;

act as an intermediary in negotiations and during settlement of disputes between collective management organizations, as well as between these organizations and subjects of copyright and related rights;

arrange for the drafting standards and schedules concerning minimum remuneration and distribution thereof among the authors and subjects of copyright and/or related rights, and submit them to the Cabinet of Ministers of Ukraine for approval;

provide reproducers, importers and exporters of specimens of audiovisual works, phonograms (videograms) with control stamps in accordance with the Law of Ukraine "On Distribution of Copies of Audiovisual Works and Phonograms", and keep the Uniform Register of Control Stamp Recipients;

arrange for receipt and consideration applications for the State registration of copyrights to works of science, literature and art, as well as registration of the contracts relating to copyright with respect to works, and carry out their registration;

ensure the drawing up and periodical publication of catalogues of all State copyright registrations;

arrange for the publication an official bulletin on protection of copyright and related rights;

ensure the development and implementation of educational programs in the sphere of protection of copyright and related rights;

represent the interests of Ukraine in matters of protection of copyright and related rights before international organizations, pursuant to the effective legislation;

authorize institutions constituting the State system of legal protection of intellectual property - in accordance with their specialization - fulfill certain assignments, stipulated by this Law, the Institution's Regulations, other normative and legal acts in the sphere of legal protection of intellectual property;

contribute to activity of organizations for collective management of property rights of subjects of copyright and (or) related rights with respect to fulfilling functions stipulated by Article 49 of the present Law;

(part one of Article 4 is added with a new paragraph fourteen according to the Law of Ukraine N 850-IV of May 22, 2003, that's why paragraph fourteen shall be considered paragraph fifteen)

perform other functions pursuant to the Institution's Regulations, approved in compliance with the established procedure.

2. The Institution shall be entitled to request from collective management organizations the information stipulated in part 7 by Article 48 hereof.

3. The Institution's activity shall be financed from the State budget of Ukraine.

Article 5. Application of the Rules of an International Agreement

If an effective international agreement, which was approved as binding by the Verkhovna Rada of Ukraine, stipulates other rules than those set forth in the legislation of Ukraine on copyright and related rights, the rules of the international agreement shall be applied.

Article 6. Rights Of Foreign Persons And Stateless Persons

Foreign persons and stateless persons, according to international agreements or on the grounds of the principle of reciprocity, shall enjoy rights equal to those of the persons of Ukraine stipulated in this Law.

Chapter II

COPYRIGHT

Article 7. Subjects of Copyright

Subjects of copyright are authors of the works specified in part one of Article 8 of this Law, their heirs and the persons to whom the authors or their heirs assigned their proprietary copyrights.

Article 8. Objects of Copyright

1. Objects of copyright shall be works in the domain of science, literature and art, namely:

1) literary written works of fiction, journalistic, scientific, technical or other nature (books, brochures, articles, etc.);

2) speeches, lectures, orations, sermons and other oral works;

3) computer software;

4) databases;

5) musical works with or without lyrics;

6) dramatic, musical drama works, pantomimes, choreographic and other works created for stage presentation and staging versions thereof;

7) audiovisual works;

8) works of fine art;

9) works of architecture, city construction, garden and park design;

10) photographic works, including works made by means similar to photography;

11) works of applied art, including works of decorative weaving, ceramics, carving, art glass, casting, jewelry, etc;

(clause 11 of part one of Article 8 as amended according to the Law of Ukraine N 850-IV of May 22, 2003)

12) illustrations, maps, layouts, drawings, sketches, and plastic works relating to geography, geology, topography, engineering, architecture and other spheres of activity;

13) stage interpretations of the works specified in clause 1 of this part, and folklore versions that can be presented on stage;

14) derivative works;

15) collections of works, collections of folklore versions, encyclopedias and anthologies, collections of regular data, and other composite works, provided that they result from creative work involving selection and co-ordination or arrangement of the contents without prejudice to copyright covering the integrated works, which are included thereto as the integrated parts;

16) texts of translations for dubbing, soundtracking and adding subtitles in Ukrainian and other languages to foreign audiovisual works;

17) other works.

2. Protection under this Law shall be granted to all works specified in part one of this Article, both promulgated and non-promulgated, finished and unfinished, irrespective of their purpose, genre, volume, goals (education, information, advertising, propaganda, leisure, etc.)

3. Legal protection envisaged by this Law shall be extended only upon the form of work's expression and not extended upon any other ideas, theories, principles, methods, procedures, processes, systems, manners, concepts, discoveries, even though these are expressed, described, explained, or illustrated in a work.

Article 9. Protection of Copyright with Respect to a Portion of a Work

The portion of a work that can be used independently, including the original title of a work, shall be considered a work and shall be protected pursuant to this Law.

Article 10. Objects Not Covered by Protection

The following items shall not be objects of copyright:

a) daily news or current events information that are regular press information;

b) works of folk art (folklore);

c) official documents of political, legislative and administrative nature (laws, decrees, resolutions, court awards, State standards, etc.), and their official translations;

d) State symbols of Ukraine, government awards; symbols and signs of government authorities, the Armed Forces of Ukraine and other military formations; symbols of territorial communities; symbols and signs of enterprises, institutions and organizations;

e) bank notes;

f) transportation schedules, TV and radio broadcast schedules, telephone directories and other similar databases that do not fall under criteria of originality, and upon which the sui -generis right (a peculiar, special right) is extended;

Drafts of the official symbols and signs specified in clauses d) and e) of part one of this Article, prior to being officially approved shall be considered as works and protected pursuant to this Law.

Article 11. Arising and Exercising of Copyright. Presumption of Authorship

1. The author of a work shall be the primary subject holder with whom copyright vests.

Unless proven to the contrary, the person indicated as the author on the original or a specimen of a work shall be deemed the author (presumption of authorship).

This provision shall also apply when a work is published under a pseudonym identifying the author.

2. Copyright with respect to a work shall arise by virtue of the work's creation. No registration of a work or any other special formalization thereof, nor performance of any other formalities, shall be required for the onset and exercising of copyright.

3. In order to notify others about his rights, the person holding copyright (author of a work or any other person who was lawfully granted proprietary copyright to the work) can use the copyright protection sign. The sign shall consist of the following elements:

an encircled Latin letter C - ©

the name of the person holding copyright

the year of the first publication of the work.

The copyright protection sign shall be applied to the original and to every specimen of a work.

4. If a work was published anonymously or under a pseudonym (except when a pseudonym unequivocally identifies the author), the publisher of the work (its name must appear thereon) shall be considered the author's representative and shall have the right to protect the latter's rights. This provision shall remain effective until the author of the work discloses his name and declares his authorship.

5. A subject of copyright, in order to certify its authorship (copyright) with respect to a promulgated or non-promulgated work, the fact and date of publication of the work, or agreements, to certify contracts relating to the author's right to a work at any time during the copyright protection term, may register the above in the official State registers.

The State registration of a copyright or of contracts relating to the author's right to a work shall be implemented by the Institution in compliance with the procedure approved by the Cabinet of Ministers of Ukraine. The Institution shall draw up and periodically issue catalogues of all State registrations.

The fees prescribed by the Cabinet of Ministers of Ukraine shall be paid for the preparation by the Institution State of registration of copyrights and of contracts relating to an author's right to a work.

The Institution shall issue a certificate concerning registration of copyright with respect to a work. The State fee shall be paid for the issuance of the certificate, and the relevant proceeds shall be transferred to the State budget of Ukraine. The amount of the State fee charged for the issuance of the certificate and the relevant payment procedure shall be stipulated by the legislation.

A person possessing the material object in which a work is embodied (expressed) shall not impede copyright registration by the person holding copyright.

Article 12. Copyright and Ownership Right to the Material Object in which a Work is Embodied

1. Copyright and ownership right to the material object in which a work is embodied shall not be inter-dependent. The alienation of the material object in which a work is embodied shall not mean the alienation of copyright and vice versa.

2. The owner of the material object, in which the original of a work of art or architecture is embodied , shall not be allowed to destroy the object without first offering it to the author at a price which shall not exceed the value of the materials used for the creation thereof. If it is impossible to preserve the object in which the original of a work is embodied, the owner of the material object in which the original of the work is embodied shall allow the author to make a copy of the work in the relevant form, and with respect to an architectural structure - to take a photographic picture thereof.

Article 13. Co-Authorship

1. Co-authors are persons whose joint creative effort resulted in a work.

Copyright with respect to a work created in co-authorship shall be vested with all co-authors irrespective of whether the work is a single inseparable item or is composed of parts each having independent significance.

Relations between co-authors shall be stipulated by an agreement made between them.

The right to publish or otherwise use a work as a whole shall be vested in all co-authors.

If a work was created in co-authorship and is a single inseparable item, neither co-author shall, without sufficient grounds, deny permission to the other authors to publish or otherwise use or alter the work.

In the event of a violation of a joint copyright, each co-author may prove his rights by court procedure.

2. If a work created in co-authorship consists of parts each having independent significance, each of the co-authors shall be entitled to use the part he created at his own discretion, unless otherwise stipulated in an agreement between the co-authors.

3. Copyright to a recorded interview shall also be regarded as co-authorship. Co-authors of an interview shall be the interviewee and the interviewer.

A recording of an interview can be published only with the interviewee's consent.

4. Remuneration for the use of a work shall belong equally to co-authors, unless otherwise stipulated in an agreement between them.

Article 14. Author's Personal Non-Proprietary Rights

1. The following personal non-proprietary rights shall be vested in an author:

1) to demand recognition of his authorship by properly indicating the author's name on a work and its specimens of a work and during any public use of the work, if practicable;

2) to prohibit the mentioning of his name during a public use of a work if the author wishes to remain anonymous;

3) to choose a pseudonym, and to indicate and to demand indication of a pseudonym instead of his real name on specimens of a work and its specimens and during any public use thereof;

4) demand preservation of the integrity of a work, and to counteract any twisting, distortion or other alteration of a work, or any other encroachment thereon that may prejudice the author's honor and reputation.

2. Personal non-proprietary rights of an author cannot be transferred to (alienated) other persons.

Article 15. Author's Proprietary Rights

1. The proprietary rights of an author (or other copyright holder) shall include:

a) the exclusive right to use a work;

b) the exclusive right to allow or prohibit the use of a work by other persons.

The proprietary rights of an author (or other copyright holder) can be transferred (alienated) to another person in compliance with the provisions of Article 31 of this Law, whereupon this person shall become a subject of copyright.

2. The exclusive right of an author (or other subject of copyright to use a work) shall allow him to use the work in any form and in any manner.

3. The exclusive right of an author (or other subject of copyright) to allow or prohibit the use of a work by other persons shall entitle him to allow or prohibit:

1 ) reproduction of works;

2) public performance and notification of works;

3) public demonstration and public display of works;

4) any repeated promulgation of works, if carried out by an organization other than the one that carried out the first promulgation;

5) translations of works;

6) versions, adaptations, arrangements and other similar alterations to works;

7) inclusion of works as components into collections, anthologies. encyclopedias, etc.;

8) distribution of works by first sale or alienation by another method or by transferring for property lease or rental, and by other transfer prior to the first sale of specimens of a work;

9) presentation his works to the general public in a way that its certain representatives could have access to works from any place and at any time at their discretion;

10) transfer for property lease and (or) commercial rental after the first selling, alienation by other means of the original or specimens of audiovisual works, computer software, databases, musical works as musical notation, as well as of works fixed on a phonogram or videogram or in a computer-readable form;

11) import of specimens of works.

This list is not exhaustive.

4. Exclusive rights of an author to use works of architecture, city construction, garden and park art shall include the right to participate in practical implementation of the relevant work projects.

5. Except for the cases stipulated in Articles 21 through 25 of this Law, an author (or other copyright holder) may demand payment of remuneration for any use of a work. The remuneration can be effected in the form of a one-time (lump sum) payment, deductions for each specimen sold or for each use of a work (royalty) or mixed payment methods.

The amount of, and the procedure for, paying an author's remuneration for the creation and use of a work shall be stipulated in an author's contract, or contracts made upon requests of copyright holders between collective management organizations and persons who use works..

The Cabinet of Ministers of Ukraine may establish minimum author's remuneration rates, and the procedure for their application.

(paragraph three of part five of Article 15 as amended according to the Law of Ukraine N 850-IV of May 22, 2003)

6. The proprietary rights restrictions stipulated in Articles 21 through 25 of this Law shall be effected, provided that they do not prejudice normal use of a work or unjustifiably limit the author's legitimate rights.

7. If specimens of a lawfully published work are legally put in civil circulation through their first sale in Ukraine, it shall be permissible to repeatedly introduce them into circulation through sale, bestowal, etc. without the consent of the author (or of any other person holding copyright) and without payment of the author's remuneration, and in case of works of fine arts provisions of Article 27 hereof shall be taken into account. However, in this event the right to transfer for property lease or rental shall be preserved exclusively by the copyright holder.

Article 16. Copyright with Respect to Course-of-Duty Works

1. Personal non-proprietary copyright with respect to a course-of-duty work shall be vested in the author thereof.

2. The exclusive proprietary right to a course-of-duty work shall be vested in the employer, unless otherwise stipulated by an employment agreement (contract) and (or) a civil law agreement between the author and the employer.

3. The amount of the author's remuneration for the creation and use of a course-of-duty work, as well as the relevant payment procedure, shall be stipulated in the employment agreement (contract) and (or) in another civil law contract between the author and the employer.

Article 17. Copyright with Respect to an Audiovisual Work

1. The authors of an audiovisual work shall be:

a) the director;

b) the author of the script and (or) texts or dialogues;

c) the author of a musical work with or without lyrics, specially created for the audiovisual work;

d) the art director;

e) the cameraman.

One and the same individual can carry out two or more of the author's functions indicated in this part.

2. Unless otherwise stipulated by a contract for the creation of an audiovisual work, authors who contributed, or assumed an obligation to contribute to the creation of the audiovisual work and who assigned the proprietary rights to an organization that produces the audiovisual work, or to a producer of the audiovisual work, shall not have a right to object to the performance of the work, reproduction, distribution, public display, public demonstration and public notification thereof, nor to the subtitling or dubbing of its text, with the exception of the right to carry out separate public performance of the musical works incorporated into the audiovisual work. All authors of the audiovisual work shall preserve the right to receive remuneration for each promulgation, display, demonstration or notification of an audiovisual work and transfer thereof for property lease and (or) commercial rental of its specimens; such remuneration shall be distributed and paid out by collective management organizations or by another means.

3. The authors whose works were incorporated in an audiovisual work (both those that existed before and those created in the process of working on the audiovisual work) shall preserve copyright with respect to each of their works, and can use it independently irrespective of the entire audiovisual work, unless otherwise stipulated in a contract with the organization that produces the audiovisual work, or with the producer of the audiovisual work.

Article 18. Copyright with Respect to Computer Software

Computer software shall be protected as literary work. Such protection shall cover computer software irrespective of the method or form of its expression.

Article 19. Copyright with Respect to Collections And Other Composite Works

1. The author of a collection or other composite work (compiler) shall hold copyright with respect to his selection and placement of the works and (or) other data resulting from his creative effort (compiling).

The compiler of a collection shall hold the copyright provided that he observes the rights of the authors of each of the works incorporated in the composite work.

The authors of the works incorporated in a composite work shall be entitled to use their works independently of the composite work, unless otherwise stipulated by the author's contract with the collection compiler.

The collection compiler's copyright shall not hinder other persons' independent selection or placement of the same works and (or) other data for creating their own works.

Legal protection of databases stipulated by this part shall not apply to the data themselves, or information, and does not affect any copyright related to the data themselves, or information therein contained.

2. The publishers of encyclopedias, encyclopedic dictionaries, periodic collections, collections of scientific works, newspapers, magazines and other periodicals shall hold the exclusive rights to use such publications in their entirety. The publisher shall be entitled to indicate his name or to demand indication thereof in the publications with respect to any use of such publications.

The authors of the works incorporated in such publications shall preserve the exclusive rights to use their works irrespective of the entire publication, unless otherwise stipulated by an author's contract.

Article 20. Copyright of Translators and Authors of Other Derivative Works

1. Translators and authors of other derivative works shall hold a copyright with respect to their translation, adaptation, arrangement or other re-making.

The translators and/or the authors of other derivative works shall hold the copyright with respect to their work provided that they observe the rights of the author whose work was translated, adapted, arranged or otherwise remade.

2. The copyright of translators and (or) authors of other derivative works shall not hinder other persons' translations and remaking of the same works.

Article 21. Free Use of a Work with the Indication of the Author's Name

The following shall be permitted without the consent of the author (or other copyright holder), and with mandatory indication of the author's name and of the source of borrowing:

1) to use quotations (brief excerpts) form published works to the extent justified by the intended purpose, including quotations from newspaper and magazine articles in the form of press reviews, if this is required by the critical, polemic, scientific or informational nature of the work incorporating the quotations; to freely use quotations in the form of brief excerpts from performances and works incorporated in a phonogram (videogram) or a broadcasting program;

2) to use literary works and works of art to the extent justified by the intended purpose, such as illustrations in publications, broadcasts, sound recordings or video recordings of educational nature;

3) to reproduce in the press, to carry out public performance or public notification of previously published newspaper or magazine articles on current economic, political, religious and social issues, or previously broadcast works of the same nature, when the right to carry out such a reproduction, public notification or other public communication has not been specially prohibited by the author;

4) to reproduce, in order to highlight current events by means of photography or cinematography, to carry out public notification or other public communication of the works seen or heard in the course of such events to the extent justified by the informational purpose;

5) to reproduce in catalogues works displayed at exhibitions, auctions, fairs and collections that are open for public access for covering the above-mentioned events without using these catalogues for commercial purposes;

(clause 5 of part one of Article 21 in wording of the Law of Ukraine N 850-IV of May 22, 2003)

6) to issue works for the blind, published in Braille characters;

7) to reproduce works for court and administrative proceedings, to the extent justified by this purpose;

8) to carry out public performance of musical works during official and religious ceremonies, as well as funerals, to the extent justified by the nature of such ceremonies;

9) to reproduce for informational purposes in newspapers and other periodicals, to transmit by air or to carry out other public notification of publicly delivered speeches, addresses, reports and other similar works, to the extent justified by the intended purpose;

10) to reproduce a work for the purposes and under the conditions stipulated in Articles 22 through 25 of this Law.

This list of freely usable works is exhaustive.

Article 22. Free Reprographic Reproduction by Libraries and Archives of Specimens of a Work

It shall be permissible for libraries and archives, the activity of which is not aimed, directly or indirectly, at earning profit, to reprographically reproduce, without the consent of the author or other copyright holder, one specimen of a work, subject to the following:

1) when a reproduced work is a separately published article or other small works or excerpts from written works (except for computer software and databases), with or without illustrations, and when the reproduction is made upon an individual's requests, provided that:

a) the library or archive has sufficient reason to believe that such a specimen will be used for the purpose of education, training or private research;

b) reproduction of the work is a single and not a regular event;

c) sub-clause "c" of clause 1 of Article 22 is deleted

(according to the Law of Ukraine N 850-IV of May 22, 2003)

2) when reproduction is made to preserve or replace a lost, damaged or unusable specimen of the library or archive, or to renew a lost, damaged or unusable specimen from the storage of a similar library or archive, and it is impossible to obtain such a specimen by other means, and when reproduction of the work is a single and not a regular event.

Article 23. Free Reproduction of Specimens of a Work for Educational Purposes

The following shall be permitted without the consent of the author or other copyright holder:

1) to reproduce excerpts from published written works, audiovisual works such as illustrations for educational purposes, provided that the extent of the reproduction is consistent with the indicated purpose;

2) for educational institutions to reprographically reproduce for classroom lessons published articles and other small works and excerpts from written works, with or without illustrations, provided that:

a) the extent of the reproduction is consistent with the indicated purpose;

b) reproduction of the work is a solitary and not a regular event;

c) sub-clause "c" of clause 2 of Article 23 is deleted.

(according to the Law of Ukraine N 850-IV of May 22, 2003)

Article 24. Free Copying, Modification and Decompilation of Computer Software

1. A person lawfully possessing a legally produced specimen of computer software shall be entitled to do the following without the consent of the author or other person holding the copyright with respect to the software:

(paragraph one of part one of Article 24 as amended according to the Law of Ukraine N 850-IV of May 22, 2003)

1) to change (modify) computer software with the aim of ensuring its operation when it is used with the user's technical equipment, and performing the actions related to the operation of the computer software in accordance with its purpose, in particular, to record and store in computer memory and to correct evident errors, unless otherwise stipulated by an agreement with the person holding the copyright;

2) to produce one copy of computer software, provided that the copy is made only for archival purposes or to replace a lawfully acquired specimen in case the original computer software is lost, damaged, destroyed or becomes unusable. In this case, the copy of the computer software shall not be used for purposes other than those specified in this clause and clause 1 of this part, and shall be destroyed if possession of a specimen of the computer software ceases to be lawful;

3) to decompile computer software (to transform its object code into output text) with the aim of obtaining the information required for the achievement of its compatibility with independently developed computer software, subject to the following conditions:

a) the person in question previously had no other sources of access to the information necessary for the achievement of compatibility;

b) said actions are performed only with respect to the computer software portions that are necessary for the achievement of compatibility;

c) information obtained upon decompilation shall be used only to effect its compatibility with other software, and shall not be transferred to other persons, except when this is necessary for the achievement of compatibility with other software, and shall not be used for the development of computer software that looks similar to the decompiled computer software, or for any other copyright-infringing action;

4) to inspect, study and modify the functioning of a computer software in an effort to understand the ideas and principles that make up its basis, on the condition that this is done in order to facilitate some action such as loading, display, functioning, transfer, or storing in memory (saving) computer software;

2. The enforcement of the provisions of this Article shall not prejudice the use of computer software nor restrict the legitimate interests of the author and (or) of another person holding the copyright with respect to the computer software.

Article 25. Free Reproduction of Works for Personal Purposes

1. It shall be permissible to reproduce exclusively for personal purposes or for the family circle and for close acquaintances of this family, without the consent of the author (or other copyright holder), and without payment of the author's remuneration, works previously promulgated in a lawful way, except for the following:

a) works of architecture in the form of buildings and facilities;

b) computer software, except for the cases stipulated in Article 24 of this Law;

c) to reprographically reproduce books, musical notifications and original works of fine art, except for the cases stipulated in Articles 22 and 23 of this Law;

d) clause "d" of part one of Article 25 is deleted.

(according to the Law of Ukraine

N 850-IV of May 22, 2003)

2. It shall be permitted to reproduce works and performances taped in phonograms, videograms and in specimens thereof, as well as audiovisual works and their specimen, in home conditions and exclusively for private purposes or for the family circle without the consent of the author(s), performers, and the producers of the phonograms (videograms), but with paying the author's remuneration. The specifics of paying the author's remuneration in this case are stipulated in Article 42 of the present Law.

(part two of Article 25 in wording of the Law

of Ukraine N 850-IV of May 22, 2003)

Article 26. The Right to Have Access to a Work of Fine Art

Upon transferring a work of fine art or a material object, in which this work is expressed, to the ownership of another person, the author shall be entitled to demand access to such work for the purpose of using it for reproduction (preparation of specimens, slides, post cards, revisions, etc.) provided that this does not prejudice the legitimate rights and interests of the owner of the work of fine art. The owner may not deny the author access to the work without sufficient grounds. However, the owner of the work cannot be requested to deliver the work to the author.

Article 27. The Right to Succeed

The author of a work of fine art (and in the event of his death - his heirs) shall enjoy, during the term stipulated in Article 28 of this Law with respect to the original works of fine art sold by the author, the inalienable right to receive five percent of the price of every next sale of the work via an auction, gallery, showroom, shop, etc., that follows the first sale thereof by the author of the work (the right to succeed). Payment of the remuneration in this case shall be conducted by aforementioned auctions, galleries, showrooms, shops, etc.

The collection and payment of the remuneration resulting from the exercise of the right to follow shall be conducted by the author personally, through the author's agent or through collective management organizations.

Article 28. Period of Validity of Copyright

1. Copyright to a work shall arise as a result of the fact of its being created and shall start being effective on the day of creation of the work.

2. Copyright shall remain effective throughout the author's lifetime and for 70 years after his death, except for the cases stipulated in this Article.

3. With respect to works that were promulgated anonymously or under a pseudonym, the period of validity of copyright shall terminate 70 years after the promulgation of the work. If a pseudonym accepted by an author leaves no doubts as to the author's identity, or if the author of a work, promulgated anonymously or under a pseudonym, is disclosed not later than 70 years after the promulgation of the work, the term stipulated in part two of this Article shall apply.

4. Copyright with respect to works created in co-authorship shall remain effective throughout the co-authors' lifetimes and for 70 years after the death of the last co-author.

5. If an entire work is published (promulgated) not in its entirety, but in consecutive volumes, parts, issues, series, etc., the period of validity of its copyright shall be stipulated separately with respect to each published (promulgated) portion of the work.

6. The term of protection of copyright with respect to works of posthumously rehabilitated authors shall remain effective for 70 years after their rehabilitation.

7. The copyright with respect to a work that was first published within 30 years after the author's death shall remain effective for 70 years after the date of lawful publication thereof.

8. Any person who promulgates a non-promulgated work for the first time after expiration of the term of protection of copyright with respect to the work, shall enjoy protection equal to the protection of the author's proprietary rights. The term of protection of these rights shall be 25 years from the date it was first promulgated.

9. The term of validity of copyright after the death of the author and terms set forth by parts three through seven of the present Article shall begin from the date of the author's death or the date of emerging the events envisaged in the above-mentioned parts, however, they shall be counted from January 1 of the year following the year of death or when the above-mentioned events took place.

(part nine of Article 28 in wording of the Law of Ukraine N 850-IV of May 22, 2003)

10. Personal non-proprietary author's rights, envisaged by Article 14 hereof shall be protected in perpetuity.

Article 29. Inheriting Copyright

1. The proprietary rights of authors and other copyright holders shall be inheritable. An author's personal non-proprietary rights shall not be inheritable.

2. Heirs shall have the right to protect the authorship of a work and to counteract twisting, distortion or other alteration of a work, as well as any other encroachment thereon that may prejudice the author's honor and reputation.

Article 30. Works Falling Into the Public Domain

1. The expiration of the period of validity of copyright with respect to works means their falling into the public domain.

2. Works that fell into the public domain can be used freely by any person without payment of the author's remuneration subject to observance of the author's personal non-proprietary rights as stipulated in Article 14 of this Law.

3. The Cabinet of Ministers of Ukraine may stipulate special deductions to the funds of artist unions of Ukraine for the use in Ukraine of works that have fallen into the public domain.

Article 31. Assignment (Alienation) of Proprietary Rights of Subjects Copyright

1. The author (or other person that holds the copyright) can assign his proprietary rights specified in Article 15 of this Law to any other person, either fully or partially. Assignment of proprietary right of an author (or other person that holds the copyright) shall be formalized by an author's contract.

The exclusive proprietary rights assigned under a contract shall be stipulated therein. The proprietary rights, which are not specified in the contract as being alienated, shall be deemed not assigned.

2. A proprietary right of a subject of the copyright that is a legal entity can be assigned (alienated) to another person in compliance with the procedure stipulated by law following liquidation of the legal entity that is the copyright holder.

Article 32. Assignment of the Right to Use a Work

1. The author and another person holding a copyright shall have the exclusive right to grant to other persons permission to use a work, by any single method or by all known methods, on the basis of a license which shall be formalized by an author's contract.

A work shall be used by any person exclusively on the basis of an author's contract, except for the cases stipulated in Articles 21 through 25 of this Law.

2. Assignment of the right to use a work to other persons can be carried out on the basis of an author's contract on assignment of the exclusive right to use a work, or on the basis of an author's agreement on assignment of the non-exclusive right to use a work.

3. Under an author's contract on assignment of the exclusive right to use a work an author (or other person holding the exclusive copyright) shall assign the right to use a work in a certain manner within established limits by only one person, to whom the right is assigned, and grant this person the right to allow or prohibit similar use of a work by other persons. The person that assigns the exclusive right to use a work shall preserve the right to use this work only under a part of rights that are not assigned.

4. Under an author's contract on assignment of the non-exclusive right to use a work, an author (or other person holding the copyright) shall assign to another person the right to use a work in a certain manner, and within established limits. The person that assigns non-exclusive right shall preserve the right to use a work, and assign the non-exclusive right to use a work to other persons.

5. Organizations of collective management that were granted by subjects of copyright authorities to manage proprietary rights of the latter shall have the right to assign the non-exclusive right to use a work to other persons.

6. The right to use a work, assigned under an author's contract, shall be deemed non-exclusive unless assignment of exclusive rights to use a work is not stipulated by a contract.

Article 33. Contracts Authorizing the Use of Works

1. Contracts concerning assignment of rights to use works shall be made in writing. A contract concerning the use (publication) of a work in periodicals (newspapers, magazines, etc.) can be made orally.

2. A contract concerning assignment of rights to use works shall be deemed concluded if the parties reach an agreement with respect to all essential terms and conditions (contract term, the method of using a work, the territory covered by the assigned right, the amount and procedure for paying the author's remuneration, as well as other terms with respect to which agreement should be reached on demand of one of the parties).

The author's remuneration shall be stipulated in the contract as percentages of the income derived from the use of a work, or as a fixed amount, or otherwise. The author's remuneration rates shall not be lower than the minimum rates established by the Cabinet of Ministers of Ukraine.

3. Subject of the contract on assignment of rights to use a work cannot be rights that did not exist at the moment of entering into agreement.

4. Relevant departments and artist unions can draft templates of author's contracts.

5. Terms of the contract, worsening author's situation (his successor) in comparison to the situation, established by the current legislation shall be invalid.

6. Under an author's contract of request the author undertakes to create in future a work according to the terms of the contract and hand it over to the customer. The contract may stipulate paying and advance payment as a part of author's remuneration.

7. Contractual terms that restrict author's right to creation of future works with respect to the subject specified in the contract or in a specified industry shall be deemed invalid.

8. All proprietary rights to use a work assigned under an author's contract shall be specified therein. Proprietary rights not specified in an author's contract as assigned by a subject of the copyright shall be deemed non-assigned, and their holding shall be preserved by this subject.

Article 34. Liability for Default under an Author's Contract

1. A party that fails to perform or improperly performs its obligations under an author's contract shall compensate to the other party all damages, including lost profit.

2. If an author does not transfer a work to a customer in accordance with the terms and conditions set forth in a contract of request, he shall reimburse to the customer the damages, including lost profit.

3. Disputes concerning liability for default under an author's contract shall be resolved by court procedure.

Chapter III

RELATED RIGHTS

Article 35. Objects of Related Rights

Objects of related rights, irrespective of destination, contents, evaluation, method and form of expression, shall be:

a) performances of literary, drama, musical, musical drama, choreographic, folklore and other works;

b) phonograms or videograms;

c) broadcasting organizations' broadcasts (programs).

Article 36. Subjects of Related Rights

1. Subjects of related rights shall be:

a) performers of works, their heirs and persons that were on legal grounds assigned related rights with respect to phonograms;

b) producers of phonograms, their heirs (successors) and persons that were on legal grounds assigned related rights with respect to phonograms;

c) producers of videograms, their heirs (successors) and persons that were on legal grounds assigned related rights with respect to videograms;

d) broadcasting organizations and their assigns.

2. Performers shall exercise their rights subject to their observance of the rights of the authors of the works performed, and of other subjects of copyright. Producers of phonograms, producers of videograms shall observe the rights of subjects of copyright and performers. Broadcasting organizations shall observe the rights of subjects of copyright, performers and producers of phonograms (videograms).

Article 37. Arising and Exercising of Related Rights

1. The primary subjects of related rights shall be the performer, producer of a phonogram (videogram) and broadcasting organization.

2. A related right shall arise by virtue of the performance of a work, production of a phonogram (videogram) and promulgation of a broadcasting organization's transmission.

3. No formalities shall be required for the arising and exercising of related rights.

In order to give notification of his related rights, the producer of a phonogram (videogram) and the performer can use the related rights protection sign on all specimens of phonograms (videograms) and all specimens thereof that are distributed among the public on legal grounds, or packages thereof. This sign shall consist of the following elements:

-the encircled Latin letter P, - (P);

-the name of the person holding related rights with respect to these phonograms (videograms);

-the year of the first publication of a phonogram (videogram).

The performer, the producer of a phonogram or videogram shall be deemed persons, whose names are indicated on a phonogram (videogram) on their specimens or packing unless otherwise is proven.

4. The Cabinet of Ministers of Ukraine may establish minimum rates of remuneration for the use of objects of related rights and the procedure of their indexation.

Article 38. Performers' Personal Non-Proprietary Rights, and the Rights to the Name That Can Be Vested in the Producers of Phonograms, Videograms and Broadcasting Organizations

1. The performer of a work shall hold the following personal non-proprietary rights:

a) to demand recognition that he is the performer of the work;

b) to demand that his name or pseudonym be indicated or announced in connection with each of his appearances, recordings or performances (whenever possible);

c) to demand provision of the proper recording quality of its performance and the right to counteract any twisting or distortion thereof or other essential amendments thereto that can prejudice his honor and reputation.

2. The phonogram (videogram) producer shall be entitled to affix his name to the recording medium (packing) indicating also the authors, performers and titles of works, and to demand that he be mentioned when a phonogram (videogram) is used.

3. The broadcasting organization shall be entitled to require that its name be mentioned in connection with the recording, reproduction, and distribution of its transmission and with subsequent broadcasts thereof by another broadcasting organization.

Article 39. Performers' Proprietary Rights

1. Performers' proprietary rights shall be their exclusive rights to permit or prohibit other persons taking the following actions:

a) public notification of their unfixed performances (air broadcasting);

b) fixation in phonograms or videograms of their performances that have not been fixed before;

c) reproduction (direct and/or indirect) of their performances, fixed without their consent in a phonogram (videogram), or with their consent, but only in case reproduction is conducted with a different purpose than that upon which they agreed.

d) distribution of their performances fixed in a phonogram or videogram by first sale or other transfer of ownership, in the event during the first fixation they failed to give their consent to the producer of a phonogram (videogram) for their further reproduction;

e) commercial rental, property lease of their performances, fixed in a phonogram or videogram, in the event during the first fixation their consent to commercial rental or property lease was not received, even after distribution of performances, conducted by the producer of a phonogram (videogram), or with his consent;

f) distribution of their performances, fixed in phonograms or videograms through any means of communication so that any person could receive access to them from any place and at any time at their own discretion, in the event during the first fixation of the performance there was no consent to such type of distribution.

2. The performers' exclusive rights can be assigned (alienated) to other persons on the basis of a contract stipulating the method of using the performances, the remuneration amount and the procedure for paying the remuneration, the contract term and the performances usage term, the territory covered by assigned rights, etc. Remuneration rates established by the contract shall not be less than minimum rates established by the Cabinet of Ministers of Ukraine.

3. If a performance is used in an audiovisual work, the performer shall be deemed to assign to the organization producing the audiovisual work or to the producer all proprietary rights with respect to the performance, unless otherwise stipulated by the contract.

4. If the performer, during the first fixation of a performance, expressly permits further reproduction thereof by a phonogram (videogram) producer, the performer shall be deemed to have assigned to the phonogram (videogram) producer the exclusive right to distribute phonograms, videograms by first sale or other transfer for ownership or possession, as well as by property lease, rental and other transfer. The performer shall retain the right to receive remuneration for the above usage of the performance through collective management organizations or otherwise.

Article 40. Proprietary Rights of Phonogram and Videogram Producers

1. Phonogram (videogram) producers' proprietary rights shall include their exclusive right to use their phonograms (videograms) and the exclusive right to allow or prohibit implementation by other persons of the following actions:

a) reproduction (direct and/or indirect) of a phonogram (videogram) in any form and by any means;

b) distribution among the public of phonograms, videograms and their specimens by the first sale or other transfer of property right;

c) commercial rental of phonograms, videograms and their specimens, even after their distribution, conducted by phonogram or videogram producer, or with their consent;

d) public notification of phonograms, videograms and their specimens by any communication means in a way allowing any person from any place and at any time to receive access to those at their own discretion;

e) any rearrangement of their phonograms (videograms);

f) importing into the customs territory of Ukraine phonograms, videograms and their specimens with the aim of their public distribution.

2. The proprietary rights of phonogram (videogram) producers can be assigned (alienated) to other persons on the basis of a contract stipulating the method of using a phonogram (videogram), remuneration amount and the procedure of paying the remuneration, contract term, the term of using a phonogram (videogram), the territory covered by assigned rights, etc. Remuneration rates, stipulated by the contract shall not be less than minimum rates established by the Cabinet of Ministers of Ukraine.

The phonogram (videogram) producer's - providing it is a legal entity - proprietary rights can also be assigned (alienated) to another person in compliance with the procedure established by the law following liquidation of a legal entity that is a subject of related rights.

3. If phonograms (videograms) or their specimens are lawfully put into civil circulation with consent of the phonogram or videogram producer by the first sale thereof in Ukraine, further distribution thereof by sale, bestowal, etc., shall be permitted without consent of the phonogram (videogram) producer or his assign, and without payment of remuneration to him. In this case, however, the right to transfer specimens of phonograms (videograms) for property lease or rental shall be preserved exclusively by the producer of phonogram (videogram) producer.

Article 41. Proprietary Rights of Broadcasting Organizations

1. The proprietary rights of broadcasting organizations shall include their exclusive right to use their programs in any manner and their exclusive right to allow or prohibit other persons taking the following actions:

a) public notification of their programs by broadcasting and re-broadcasting;

b) fixation of their programs on a material medium and reproduction thereof;

c) public performance and demonstration of their programs in places where admittance is paid.

Broadcasting organizations shall also be entitled to prohibit dissemination, in Ukraine or from Ukraine, of a satellite signals carrying their programs by any broadcasting body not authorized to handle this satellite signal.

2. Proprietary rights of broadcasting organizations can be assigned (alienated) to other persons on the basis of the contract, establishing the method and the term of use of broadcast programs, the size and the procedure of paying remuneration, the territory covered by these rights, etc.

Proprietary rights of broadcasting organizations can also be assigned (alienated) to other person according to the procedure established by law following the liquidation of a legal entity that is a subject of related rights.

Article 42. Restriction of the Proprietary Rights of Performers, Phonogram and Videogram Producers and Broadcasting Organizations

1. It shall be permissible to use performances, phonograms (videograms), and broadcast programs, to fix, and to reproduce and broadcast them for the general public, without consent of performers, phonogram (videogram) producers and broadcasting organizations and without payment of remuneration in the cases stipulated in Articles 21 through 25 of this Law concerning the restriction of the proprietary rights of the authors of literary, art and scientific works in case the following requirements are observed:

reproduction of the specified objects is conducted exclusively with the aim of study or scientific research;

the right to reproduction envisaged in clause "a" of this part shall not extend upon export of reproduced specimen of phonograms, videograms, broadcast programs beyond the customs territory of Ukraine;

subjects of related rights shall retain the right to fair remuneration taking into account a number of reproduced specimen.

The use of objects of related rights without the consent of their related rights holders and without payment of remuneration to them, as stipulated in this part, shall be possible only if the personal non-proprietary rights of subjects of copyright and related rights, stipulated in Articles 14 and 38 of this Law

2. It shall be permissible to reproduce the works fixed in phonograms (videograms) and their specimens in home conditions and exclusively for personal purposes without consent of the author(s) and phonogram (videogram) producers, but paying remuneration to them in a way stipulated by part four of this Article.

3. The use of objects of related rights without consent of subjects of related rights envisaged in parts two and three of this Article shall not prejudice normal exploitation of performances, phonograms (videograms) and broadcast programs nor affect the legitimate interests of performances, phonogram (videogram) producers and broadcast programs or other subjects of copyright and (or) related rights.

4. The remuneration to phonogram (videogram) producers and other persons holding copyright and (or) related rights with respect to reproductions envisaged by part two of this Article shall be paid as deductions (interest) by the producers and the importers of equipment and (or) material media, with the use of which it is possible to carry out the reproduction of the works fixed in phonograms (videograms) exclusively for personal purposes in home conditions, except for:

a) professional equipment and (or) material media not designed for use in home conditions;

b) equipment and material media that are exported outside the customs territory of Ukraine;

c) equipment and material media that are imported by an individual into the customs territory of Ukraine exclusively for personal purposes and without a commercial purpose.

5. The amount of deductions (interest) to be paid by the producers and (or) importers of equipment and material media as the remuneration for the reproductions indicated in parts two and four of this Article shall be determined by the Cabinet of Ministers of Ukraine. This money shall be remitted by the producers and importers of equipment and material media to collective management organizations (hereinafter - authorized organizations). Funds collected shall be distributed between collective management organizations, registered at the Institution, on the basis of contracts signed between authorized organizations and all collective management organizations. The importers shall remit this money when they import goods into the customs territory of Ukraine, and the producers - at the end of each month after sale of the equipment and material media.

6. The Institution and the authorized organizations specified by the Institution for collection of money shall be entitled to demand from producers and importers information concerning the production, import and realization (sale) of the equipment and material media indicated in part four of this Article.

7. The money so collected - indicated in parts two and four of this Article shall be distributed between the authors, performers and producers of phonograms (videograms). Unless otherwise stipulated by contracts between collective management organizations these funds shall be distributed in the following way: authors - 50%, performers - 25%, and phonogram (videogram) producers - 25%.

Article 43. The Use of Phonograms (Videograms) Published for a Commercial Purpose

1. The following direct or indirect commercial use of phonograms (videograms) shall be allowed without consent of producers of phonograms (videograms) published for a commercial purpose, as well as of performers whose performances are recorded on these phonograms (videograms), but with payment of remuneration:

a) public performance of a phonogram or its specimen, or public demonstration of a videogram or its specimen;

b) public notification of a performance, fixed in a phonogram or videogram and their specimens in air;

c) public notification of a performance, fixed in a phonogram or videogram and their specimens by wires (cable).

2. The collection of remuneration for the use of a phonogram (videogram) indicated in part one of this Article, and control over their legal use shall be conducted by authorized collective management organizations determined by the Institution. The collected funds shall be distributed between collective management organizations, registered at the Institution, on the basis of contracts entered into between authorized organizations with all collective management organizations. The remuneration received from an authorized organization shall be distributed by a corresponding collective management organization in the following ratio: performers - 50%, phonogram (videogram) producers - 50%.

3. The remuneration amount for the use of a phonogram (videogram) indicated in part one of this Article, as well as the procedure and terms of payment shall be determined by the Cabinet of Ministers of Ukraine.

4. Users of phonograms (videograms) or their specimens shall provide the organization specified in part two of this Article with the exact information, concerning the use of the phonograms (videograms), necessary for collection and distribution of the remuneration.

Article 44. The Period of Validity for Related Rights

1. The performers' proprietary rights shall be protected for 50 years after the date of the first recording of a performance.

The performers' personal non-proprietary rights stipulated in part one of Article 38 of this Law shall be protected in perpetuity.

2. The phonogram and videogram producers' rights shall be protected for 50 years after the first publication of a phonogram (videogram) or the first sound or video recording unless a phonogram (videogram) was published during the indicated period.

3. Broadcasting organizations shall enjoy the rights granted under this Law for 50 years after the first public notification of the broadcast.

4. The period of protection of related rights shall expire on January 1 of the year that follows the year in which the protection term stipulated in this Article expires.

5. Performers' heirs and the successors of phonogram (videogram) producers and broadcasting organizations shall inherit the right to allow or prohibit the use of performances, phonograms (videograms) and public notification, as well as the right to receive remuneration within the term stipulated in this Article.

Chapter IV

MANAGEMENT OF THE PROPRIETARY RIGHTS OF SUBJECTS OF COPYRIGHT AND related RIGHTS

Article 45. The Methods of Managing Proprietary Rights of Subjects of Copyright and Related Rights

Subjects of copyright and (or) related rights can manage their rights:

a) personally;

b) through an agent;

c) through a collective management organization.

Article 46. Managing Proprietary Rights Through an Agent

A subject of copyright and (or) related rights can entrust an agent to manage his proprietary rights on the basis of an agency contract concluded with him. While managing the proprietary rights this person shall act within the powers assigned to him by the subject of copyright and (or) related rights.

Article 47. Securing Collective Management of Proprietary Rights

1. Subjects of copyright and (or) related rights can entrust the management of their proprietary rights to collective management organizations.

2. Collective management organizations shall be set up by subjects of copyright and (or) related rights and have the status of a legal entity according to the law.

3. It shall be permissible to set up separate organizations managing certain categories of proprietary rights of certain categories of subjects of copyright and (or) related rights, or organizations managing various proprietary rights in the interest of various categories of subjects of copyright and (or) related rights.

4. Persons who use works, performances, broadcasts and specimens of phonograms (videograms) shall provide collective management organizations with a precise list of works, performances, specimens of phonograms (videograms) and broadcasts used, together with documented information on profits derived. They shall pay remuneration to the collective management organizations within a stipulated term in the stipulated amount.

5. Subjects of copyright and (or) related rights can also entrust the management of their proprietary rights, on a collective basis, to the respective state organizations (enterprises), the founding documents of which permit them to exercise such functions.

Article 48. The Activity of Collective Management Organizations

1. A collective management organization, after its State registration, shall be registered with the Institution within 30 days The Institution shall publish in its official bulletin the information concerning registration of a collective management organization.

A collective management organization shall operate on the basis of a charter, which shall be approved in compliance with the established procedure, and within the powers received from subjects of copyright and (or) related rights.

2. A collective management organization shall not have the right to carry out commercial activity or to use in any manner the objects of copyright and (or) related rights entrusted to them for management. The restrictions envisaged by the legislation on protection of economic competition shall not apply to the activity of such organizations.

(part two of Article 48 as amended according to the Law of Ukraine N 1294-IV of November 20, 2003)

3. The powers to exercise collective management of proprietary rights shall be assigned to collective management organizations by the authors and other subjects of copyright and (or) related rights on the basis of written contracts.

4. A collective management organization can manage in Ukraine the proprietary rights of foreign subjects of copyright and (or) related rights on the basis of agreements for mutual representation of interests with similar foreign organizations.

A collective management organization can entrust, on the basis of an agreement for mutual representation of interests with a similar foreign organization, the management abroad on a collective basis of the proprietary rights of Ukrainian copyright and (or) related rights subjects.

5. On the basis of powers received, a collective management organization shall provide any persons through entering into contracts with the latter on the use of objects of copyright and related rights.

6. A collective management organization can demand submission, by users of objects of copyright and related rights, of documents containing precise information on the given use, necessary for the collection and distribution of remuneration.

7. A collective management organization shall provide the Institution with the following information:

a) amendments to the organization's charter;

b) conclusion by the organization of bilateral or multilateral contracts with foreign collective management organizations;

c) management of proprietary rights of persons, who did not assign powers to the organization according to part three of this article;

d) conclusion of agreements for managing property rights of subjects of copyright and (or) related rights;

(clause "d" of part seven of Article 48 in wording of the Law of Ukraine N 850-IV of May 22, 2003)

e) its annual balance sheet, annual account and audit results;

f) names of the persons authorized to represent the organization.

Article 49. Functions of Collective Management Organizations

1. A collective management organization shall perform the following functions on behalf of subjects of copyright and (or) related rights on the basis of powers granted by them:

a) coordinate the remuneration amount with the users of copyright and (or) related rights when entering into a contract;

b) enter into contracts on the use of rights, assigned for management. Terms of these contracts shall comply with the provisions of Articles 31-33 hereof;

c) collect, distribute and pay out collected remunerations for use of objects of copyright and (or) related rights to subjects of copyright and (or) related rights, whose rights they are managing, as well as to other subjects of rights according to the present Law;

(clause "c" of part one of Article 49 in wording of the Law of Ukraine N 850-IV of May 22, 2003)

d) perform other actions envisaged by the current legislation necessary for protection of rights managed by the organization, including turn to court for protection of rights of subjects of copyright and (or) related rights in accordance with statutory authorities and instructions of these subjects;

(clause "d" of part one of Article 49 in wording of the Law of Ukraine N 850-IV of May 22, 2003)

e) clause "e" of part one of Article 49 is deleted.

(according to the Law of Ukraine N 850-IV of May 22, 2003)

2. Subjects of copyright and/or related rights, who did not assign powers to manage their rights to collective management organizations, including collection of remuneration for the use, shall have the right to demand from collective management organizations that collected the remuneration for the use of their works and objects of related rights to pay such remuneration, and to withdraw their works and objects of related rights from licenses, which shall be issued to collective management organizations by entering into contracts with persons, using these objects.

3. Collective management organizations shall be entitled to keep on their accounts any amounts of unclaimed remuneration received from users of objects of copyright and/or related rights. Three years after the moment of distribution of the remuneration the unclaimed remuneration amounts can be used for regular payments to subjects of copyright and/or related rights for other purposes stipulated in their charters in the interests of subjects of copyright and/or related rights.

Chapter V

PROTECTION OF COPYRIGHT AND RELATED RIGHTS

Article 50. Infringement of Copyright and Related Rights

1. Copyright and (or) related rights infringements that give grounds for legal defense, shall be:

a) actions by any person that infringe the personal non-proprietary rights of subjects of copyright and (or) related rights stipulated in Articles 14 and 38 of this Law, and their proprietary rights stipulated in Articles 15, 39, 40 and 41 of this Law, subject to the proprietary rights restrictions stipulated in Articles 21 through 25, and 42 and 43 of this Law;

b) piracy in the sphere of copyright and (or) related rights - production, reproduction, importing into the customs territory of Ukraine, exporting out of the customs territory of Ukraine and distribution of counterfeit specimens of works (including computer software and databases), phonograms, videograms and broadcasting organizations' programs;

c) plagiarism - promulgation (publication), in full or in part, of another person's work under the name of the person who is not the author of this work;

d) import into the customs territory of Ukraine, without permission of the persons holding copyright and (or) related rights, of specimens of works (including computer software and databases), phonograms, videograms and broadcast programs;

e) committing actions creating a threat of infringement of copyright and/or related rights;

f) any actions to deliberately break technical means of protection of copyright and related rights, in particular production, distribution, importing with the aim of distribution and use of equipment for such breaking;

g) forgery, alteration or withdrawal of information, particularly in an electronic form, on management of rights without consent of subjects of copyright and related rights, or a person that practices such management;

h) distribution, importing into the customs territory of Ukraine with the aim of distribution, public notification of objects of copyright and/or related rights, from which information on rights management was withdrawn or altered without consent from subjects of copyright and/or related rights, particularly in an electronic form.

Article 51. The Procedure for Protecting Copyright and Related Rights

The protection of personal non-proprietary and proprietary rights of subjects of copyright and (or) related rights shall be effected in compliance with the procedure established by the administrative, civil and criminal legislation.

Article 52. Civil Law Remedies for Protection of Copyright and Related Rights

1. To protect their copyright and related rights subjects of copyright and related rights shall address the court and other bodies according to their competence in compliance with the procedure established by legislation.

In case any person infringes upon copyright and/or related rights, envisaged by Article 50 hereof, fails to observe terms of use of works and/or objects of related rights, use of works and objects of related rights breaking technical means of protection or forgery of information and or documents with respect to management of rights or creating a threat to illegal use of objects of copyright and/or related rights of subjects of copyright and/or related rights and other infringement of personal non-proprietary rights and proprietary rights of subjects of copyright and/or related rights, subjects of copyright and/or related rights shall be entitled to:

a) demand recognition and renewal of their rights, including prohibition of actions violating copyright and (or) related rights or posing threat of their violation;

(clause "a" of paragraph two of part one of Article 52 as amended according to the Law

of Ukraine N 850-IV of May 22, 2003)

b) lodge claims on renewal of infringed rights and/or suspension of actions infringing copyright and/or related rights or pose a threat of their infringement;

c) lodge claims on reimbursement of moral (non-proprietary) damage;

d) lodge claims on reimbursement of losses (material damage), including lost profit, or collection of income received by the infringer in the result of infringing by him copyright and/or related rights, or payment of compensation;

e) demand suspension of preparatory actions targeted upon infringement of copyright and/or related rights, including suspension of customs procedures, in case there is a suspicion that counterfeit specimens of works, phonograms, videograms, devices for breakage of technical protection means may be admitted into or outside the customs territory of Ukraine as envisaged by the Customs Code of Ukraine;

f) participate in inspections of production premises, warehouses, technological processes and business operations associated with manufacturing of specimens of works, phonograms and videograms, with respect to which there are grounds to suspect an infringement or a threat of infringement of copyright and/or related rights according to the procedure established by the Cabinet of Ministers of Ukraine;

g) demand - including by court procedure - a publication in mass media of the information on infringements of copyright and/or related rights and of court judgments with respect to infringements;

h) demand from persons infringing copyright and/or related rights of the plaintiff, providing information on third persons, involved into production and distribution of counterfeit specimens and objects of related rights, as well as on devices for breakage of technical protection means, and their distribution channels;

i) demand undertaking actions established by legislation to protect copyright and related rights.

2. The court shall be entitled to pass judgment or approval on the following:

a) reimbursement of moral (non-proprietary) damage, caused by infringement of copyright and/or related rights, and determine the amount of reimbursement;

b) reimbursement of losses, caused by infringement of copyright and/or related rights;

c) collection of the income received by the infringer of copyright and/or related rights;

d) payment of compensation, determined by court, in the amount of 10 to 50,000 minimum salaries instead of reimbursement of losses or collection of income;

e) prohibition of publishing works, their performances or staging, issuing of specimens of phonograms, videograms, their public notification, suspension of their distribution, seizure (confiscation) of counterfeit specimens of works, phonograms, videograms or broadcast programs, as well as possession and materials designed for their production and reproduction, publication in the press of information on the committed infringement, etc., if in the course of court proceedings the fact of infringement of copyright and/or related rights, or the fact that there are actions posing a threat to these rights;

f) demand from persons, infringing copyright and/or related rights of the claimant to provide information on third persons involved into production and distribution of counterfeit specimens of works and objects of related rights, and devices of breakage of technical means and channels of their distribution.

While determining amounts of losses that shall be reimbursed to the person, whose rights were infringed, and in order to reimburse the moral (non-proprietary) damage the court shall proceed from the core of the infringement, material and moral damage, caused to copyright and/or related rights holder, and from possible income that could be received by this person. The amount of losses, caused to the person, whose rights were infringed, may also include person's expenses on court proceedings, as well as expenses associated with lawyer's services.

While determining the compensation that should be paid instead of reimbursement of losses or collection of income, the court shall determine - within limits, established by clause "d" of this part - the amount of compensation taking into account the extent of the infringement and/or intentions of the defendant.

3. The court may pass judgment on imposing a fine on the infringer in the size of 10 per cent of the sum, awarded to the plaintiff on court's ruling. The amount of fines shall be remitted to the State budget of Ukraine according to the procedure established by legislation.

4. The court may pass judgment on seizure or confiscation of all counterfeit specimens of works, phonograms, videograms or broadcast programs that are proven to have been manufactured with infringement of copyright and/or related rights, and devices of breaking technical protection means. This shall also apply to all clichйs, matrixes, forms, originals, magnetic tapes, photographic negatives and other items with the help of which specimens of works, phonograms, videograms and broadcast programs are reproduced, as well as materials and equipment used for their reproduction, and manufacturing of devices to break technical protection means.

Pursuant to a court judgment, counterfeit specimens of works (including computer software and databases), phonograms, videograms and broadcast programs that have been seized, can be transferred to the subject of copyright and (or) related rights upon his request. If this person does not demand the transfer, the counterfeit specimens shall be destroyed, and the materials and equipment used for the reproduction of the counterfeit specimens shall be alienated, and the funds received shall be remitted to the State budget of Ukraine.

Article 53. Preservation Measures for a Claim in Proceedings Concerning Infringements of Copyright and Related Rights

1. Prior to considering a case on the merits, a judge on his own shall have the right to issue a judgment prohibiting performance by the defendant, with respect to whom there are sufficient grounds to believe that this person is infringing on copyright and (or) related rights, of certain actions: production, reproduction, sale, transfer for property lease, rental, importing into the customs territory of Ukraine and other use stipulated by this Law, as well as transportation, storage or possession for the purpose of issuing into civil circulation, of the specimens of works (including computer software and databases), recorded performances, phonograms, videograms, broadcast programs that are believed to be counterfeits, and devices of breaking technical protection means.

2. In case there is enough evidence on committing such an infringement of copyright and/or related rights that under legislation entails criminal responsibility, the inquiry or investigation body, or the court shall undertake measures to ensure the search and arrest of the following:

a) the specimens of works (including computer software and databases), recorded performances, phonograms (videograms) and broadcast programs that are believed to be counterfeits, and devices of breaking technical protection means;

b) the materials and equipment for the production and reproduction thereof;

c) the documents, invoices and other items that can serve as evidence of actions resulting in criminal liability pursuant to law.

3. If the defendant in the case of infringement of copyright and/or related rights denies access to required information, or fails to provide it within a reasonable term, puts obstacles in court proceedings, or with the purpose of preservation of relevant evidence on the incriminated infringement, especially in case when any delay may cause unrecoverable damage to the person holding copyright and/or related rights, or when there is obvious risk that the evidence may be destroyed, a court or a judge shall be entitled on their own on plaintiff's request to practice temporary measures before bringing a claim or starting the consideration of the case with participation of the other side (defendant) by means of:

a) issuing an approval on inspection of premises, where presumably actions associated with infringement of copyright and/or related rights take place;

b) imposing an arrest and seizure of all specimens of works (including computer software and databases), recorded performances, phonograms, videograms, broadcast programs, which are believed to be counterfeits, devices of breaking technical protection means, as well as materials and equipment used for their manufacturing and reproduction;

c) imposing an arrest and seizure of invoices and other documents that may serve as evidence of committing actions that infringe or pose a threat of infringement (or confirm intentions of committing an infringement) of copyright and/or related rights.

The claim on undertaking temporary measures shall be considered only with participation of the plaintiff within a two-day term from the day of its submission.

The court order concerning the application of the interim measures shall be executed immediately, with the applicant's participation, by the State Executive Agency body.

Before the approval of undertaking temporary measures, indicated in paragraph one of this part, the court shall be entitled to demand from the plaintiff to prove that he is a subject of copyright and/or related rights, and that these rights are infringed or will be inevitably infringed, and also provide the plaintiff with court's approval to leave a pledge or an appropriate guarantee, sufficient to prevent the abuse of temporary measures. The pledge shall consist in depositing at the court's account a certain sum of money or other material values. The size of the pledge (guarantee) shall be determined by the court taking into consideration the circumstances of the case, but shall not be less than 100 untaxed minimum personal incomes and not more than the amount of the claimed damage.

In the event of applying the temporary measures specified in paragraph one of this part, the defendant shall be entitled to claim for their change or abolishment, and the plaintiff shall bring a claim to the court on protection of the infringed copyright or related rights not later within 15 calendar day fro the date of applying a temporary measure.

The pledge shall be returned in full to the plaintiff in case the court refuses to accept the claim for consideration, or in case of full or partial satisfaction of the claim. Otherwise the pledge shall be allocated for implementation of the decision on compensation of the damage to the defendant, caused by applying temporary measures.

In case temporary measures specified in paragraph one of this part are abolished, or if during the consideration of the case it becomes evident that there is no infringement or a threat of infringement of copyright and/or related rights, the court - on defendant's request - shall be entitled to pass judgment on providing the defendant with appropriate compensation by the plaintiff for any damage caused by these measures.

Chapter VI

FINAL PROVISIONS

1. This Law shall enter into force on the day of its publication, and shall apply to those legal relations that arise after it has entered into force.

2. Within four months, the Cabinet of Ministers of Ukraine shall submit to the Verkhovna Rada of Ukraine its proposals concerning amendments to the laws of Ukraine in connection with the adoption of this Law, as well as adopt the required normative and legal acts, and shall bring its normative and legal acts into conformity with this Law.

3. The laws now effective in Ukraine shall apply until the legislation of Ukraine is brought into conformity with this Law, unless such laws conflict with this Law.

4. Beginning from the date of entry of this Law into force the terms of protection of copyright stipulated in Article 28 and parts one and two of Article 44 of this Law shall apply in all cases when the 50-year period of validity of copyright after the author's death or the term of validity of related rights has not expired prior to the entry of this Law into force.

5. This Law shall apply to performances and phonograms, created or first published prior to the day of entry of this Law into force, unless 50 years after the first recording or publication have expired by this day.

6. Objects of copyright and related rights that are subjects matter of international agreements signed by Ukraine, and obligation to which is given by the Verkhovna Rada of Ukraine, and which are created or first published prior to entry of this Law into force shall be subject to protection under this Law from the day of its entry into force, unless the objects specified fell into public domain in the country of origin due to the expiry of the protection term in this country.

7. The Resolution of the Verkhovna Rada of Ukraine of 23 December 1993 "On the Procedure for Putting into Force the Law of Ukraine 'On Copyright and Related Rights'" ("Vidomosti Verkhovnoyi Rady Ukrayiny", 1994, No. 13, art. 65) shall lose effect.

8. In Article 2 of the Law of Ukraine "On Ukraine's Accession to the Bern Convention on Protection of Works of Literature and Art (Paris Act of 24 July 1971, as amended on 2 October 1979)" (Vidomosti Verkhovnoyi Rady Ukrayiny, 1995, No. 21, art. 155), to delete the words "notifying that said Convention shall not apply to the works which, as of the date of entry into force of this Convention for Ukraine, already fell into public domain in its territory".

9. The Ministry of Foreign Affairs of Ukraine shall notify the General Director of the World Intellectual Property Organization of the fact that Article 18 the Berne Convention on Protection of Works of Literature and Art (Paris Act of 24 July 1971, as amended on 2 October 1979) shall be fully effective within the territory of Ukraine from the day of entry of this Law into force.

10. Supplement paragraph two of the Law of Ukraine "On Accession to the Convention on Protection of Interests of Phonogram Producers against Illegal Reproduction of Their Phonograms" 29 October 1971 (Vidomosti Verkhovnoyi Rady Ukrayiny, 1999, No. 32, art. 265) with the sentence of the following contents: "In order to implement requirements of the aforementioned Convention, to extend - on mutual basis - the national treatment of protection of related rights, stipulated by the Law of Ukraine "On Copyright and Related Rights" on phonogram producers from the countries - members of the Convention and their phonograms unless the term of protection of these phonograms has expired in the country of origin".

11. The Ministry of Foreign Affairs of Ukraine shall notify the UN Secretary General about amending the Law of Ukraine "On Accession to the Convention on Protection of Interests of Phonogram Producers against Illegal Reproduction of Their Phonograms" 29 October 1971.

President of Ukraine

L. KRAVCHUK

Kyiv December 23, 1993 N 3792-XII