Copyright infringement and remediesInfringing acts
What constitutes copyright infringement?
The following acts are considered as infringements of copyright:
- infringement of moral rights;
- any unauthorised use of a copyrighted work outside of the limitations provided by the articles 21-25 of the Law, namely:
- piracy (ie, illegal publishing, reproduction or dissemination of a copyrighted work);
- plagiarism (ie, misappropriation of work by claiming the authorship of a work created by another author);
- intentional bypassing of technical protection features intended to protect copyright; and
- falsifying or making material alterations to information about the management of copyright or related rights.
Does secondary liability exist for indirect copyright infringement? What actions incur such liability?
Generally, there are no provisions relating to secondary liability. However, under article 52-1 of the Law, the owner of a website or webpage is liable for copyright infringement if they fail to delete infringing content after being informed about its presence. (See question 44.)Available remedies
What remedies are available against a copyright infringer?
The infringed party may request the following from the courts:
- restoration of the title by prohibiting infringing activities;
- demand moral damages (a monetary payment for mental suffering cause by the actions of the infringer);
- demand monetary damages;
- demand statutory damages in the amount of double the price a rights holder would charge for a licence to the copied work; or triple if infringement is intentional;
- request the infringer provide information about third parties involved in the infringing activities; and
- prohibit the publication of infringing works or demand confiscation of such works.
Is there a time limit for seeking remedies?
The standard three-year period of limitation of action applies to copyright infringement. An author has an unlimited period for bringing action regarding the protection of their moral rights.Monetary damages
Are monetary damages available for copyright infringement?
Yes. Statutory damages are an alternative for occasions where a rights holder cannot calculate the exact amount of damages. These damages are calculated to be double the price a rights holder would charge for a licence to the copied work; triple if infringement is intentional.Attorneys’ fees and costs
Can attorneys’ fees and costs be claimed in an action for copyright infringement?
Yes, according to the procedural legislation of Ukraine.Criminal enforcement
Are there criminal copyright provisions? What are they?
The Criminal Code of Ukraine (article 176) prohibits illegal reproduction and distribution of scientific and literary works, works of art, computer programs and databases, phonograms, videograms, and broadcasting programmes in any type of media, and via camcording (recording video and audio using a camcorder or similar device) and cardsharing (the simultaneous use of one legitimate conditional access subscription card), or other intentional breaches of copyright.
The sanctions under article 176 varies from a fine of €115 to imprisonment for up to six years.Online infringement
Are there any specific liabilities, remedies or defences for online copyright infringement?
There is a specific out-of-court procedure to protect copyright if an infringement takes place online. The measure is applicable to limited range of protected works:
- audiovisual works;
- musical works;
- computer programs;
- phonograms; and
- broadcasting programs.
Under this procedure the rights holder or his or her representative (who must be a certified attorney) sends a request to the owner of a website or webpage, demanding that the owner deletes the infringing content and provides details of the person responsible for the infringement.
The owner of the website or webpage must undertake certain measures in order to disable the infringing content within 72 hours, or be considered liable for copyright infringement.Prevention measures
How may copyright infringement be prevented?
There is no specific effective legal mechanism to prevent copyright infringement.