Difference between revisions of "Ukraine/3.0"

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Language

• Are there translated versions of the unported licenses? {{#if: Yes|Has translations::Yes
  • List the language codes for any translated licenses: {{#if: ua|{{#arraymap: ua|,|xyz|Translated license language::xyz}}|(add data)}}|(add data)}}

• Are there re-translated versions (into English) of the ported licenses? {{#if: |Has retranslations::
  • Which licenses in this jurisdiction have re-translations into English? {{#if: |{{#arraymap: |,|xyz|Retranslated licenses::xyz}}|(add data)}}
    • What are the URLs to the re-translated license? {{#if: |{{#arraymap: |,|xyz|Retranslation URL::xyz}}|(add data)}}|(add data)}}

Pre-port Questionnaire

Has the jurisdiction completed a pre-port questionnaire? Completed PPQ::Yes

• What is the duration of copyright in your jurisdiction? Copyright duration::70 years

• Are your jurisdiction's copyright laws derived from or closely mirror another jurisdiction's laws (e.g., based on the French copyright law)? Mirrors another jurisdiction::Yes
  • Identify those jurisdiction(s). {{#arraymap: |,|xyz|Mirrors jurisdiction::xyz}}

• What is the official "first" language in your jurisdiction? {{#arraymap: Ukrainian|,|xyz|First language::xyz}}

• In which language(s) do you intend to port the licenses? {{#arraymap: Ukrainian|,|xyz|Intended languages::xyz}}

• How does your jurisdiction define "adaptation"? {{#set: Adaptation definition=adaptation is listed as one of the examples of derivative works: derivative work - a work that is a creative remaking of another 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 audiovisual works obtained by dubbing, sound-tracking of other audiovisual works, or by adding subtitles thereto in Ukrainian or other languages);}}adaptation is listed as one of the examples of derivative works: derivative work - a work that is a creative remaking of another 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 audiovisual works obtained by dubbing, sound-tracking of other audiovisual works, or by adding subtitles thereto in Ukrainian or other languages);

• How does your jurisdiction define "work"? {{#set: Work definition=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 art; 10) photographic works, including works made by methods similar to photography; 11) works of applied art, including works of decorative weaving, ceramics, carving, casting, of art glass, jewelry, etc.; (item eleven of part one of Article 8 as amended, according to the Law of Ukraine No. 850-iV of 22.05.2003) 12) illustrations, maps, layouts, drawings, sketches, plastic works relating to geography, geology, topography, engineering, architecture and other spheres of activity; 13) stage interpretations of 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 the selection, co-ordination or arrangement of the contents without prejudice to the copyright of works which are included thereto as the integrated parts ; 16) texts of translations for dubbing, soundtracking of and adding Ukrainian and other language subtitles to foreign audiovisual works; 17) other works.}}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 art; 10) photographic works, including works made by methods similar to photography; 11) works of applied art, including works of decorative weaving, ceramics, carving, casting, of art glass, jewelry, etc.; (item eleven of part one of Article 8 as amended, according to the Law of Ukraine No. 850-iV of 22.05.2003) 12) illustrations, maps, layouts, drawings, sketches, plastic works relating to geography, geology, topography, engineering, architecture and other spheres of activity; 13) stage interpretations of 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 the selection, co-ordination or arrangement of the contents without prejudice to the copyright of works which are included thereto as the integrated parts ; 16) texts of translations for dubbing, soundtracking of and adding Ukrainian and other language subtitles to foreign audiovisual works; 17) other works.

• How does your jurisdiction define "distribute"? {{#set: Distribute definition=distribution of objects of copyright and (or) related rights - any action whereby objects of copyright and (or) related rights are offered to the public directly or indirectly, including notification of the public of these objects in such a manner that its representatives can access these objects at any place and at any time at their own discretion.}}distribution of objects of copyright and (or) related rights - any action whereby objects of copyright and (or) related rights are offered to the public directly or indirectly, including notification of the public of these objects in such a manner that its representatives can access these objects at any place and at any time at their own discretion.

• How does your jurisdiction define a "collection" of works protected by copyright? {{#set: Collection definition=only mentioned in this paragraph: 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 the selection, co-ordination or arrangement of the contents without prejudice to the copyright of works which are included thereto as the integrated parts.}}only mentioned in this paragraph: 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 the selection, co-ordination or arrangement of the contents without prejudice to the copyright of works which are included thereto as the integrated parts.

• How does your jurisdiction define the "original author" of works protected by copyright? {{#set: Original author definition=The author of a work shall be the primary 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.}}The author of a work shall be the primary 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.

• Does your jurisdiction recognize neighboring rights? Recognizes neighboring rights::Yes
  • Which rights? {{#arraymap: Performance, Phonogram, Broadcasts|,|xyz|Has neighboring rights::xyz}}
    • Other: {{#arraymap: |,|xyz|Other neighboring rights::xyz}}

• Does your jurisdiction protect databases and/or data under copyright law? Protects databases::Yes

• Does your jurisdiction protect databases and/or data under sui generis protection? Protects data under sui generis::No
  • How long is the sui generis term of protection for databases in your jurisdiction? Sui generis length::

• Is there a statutory or compulsory licensing scheme in your jurisdiction? Has licensing scheme::Yes
  • May the right to collect royalties through that scheme be waived? Right to royalties waivable::Yes

• Are there voluntary licensing schemes? Voluntary licensing schemes::

• Please list the names of all collecting societies in your jurisdiction. {{#arraymap: "Oberih" Society (phonograms, http://www.oberih.org/), "Status" (visual arts and architecture), State Enterprise «Ukrainian Agency of Copyright and Related Rights» (UACRR, public performance, including on radio and TV, mechanical recording and reproduction, and rights for scientific and technical publications, http://www.uacrr.kiev.ua/en), The Association of Enterprises «Ukrainian Music Alliance» (UMA, http://www.uma.in.ua/page/main/en.html), Ukrainian Music Rights Liga, Agency for protecting performers' rights, Movie Directors Guild "24/1"|,|xyz|Collecting society::xyz}}

• Does your law recognize the concept of "moral rights" of an author? Recognizes moral rights::Yes
  • What types of moral rights are recognized? {{#arraymap: Right of Attribution, Right to Integrity, Right to have a work published anonymously or pseudonymously|,|xyz|Moral rights recognized::xyz}}
    • Others: {{#arraymap: |,|xyz|Other moral rights::xyz}}
  • Which of the following terms apply to one or more moral rights in your jurisdiction? {{#arraymap: Perpetual|,|xyz|Moral rights term::xyz}}
    • How many years beyond the life of the author (if any)? Moral rights term extra years::
  • Are those rights waivable by an author? Moral rights waivable::No
  • Can an author license those rights? Moral rights licenseable::No

• Does your law contain exceptions and limitations from copyright, such as fair dealing rights? Has CELs::Yes
  • Type: {{#arraymap: Other|,|xyz|Has CEL type::xyz}}
    • Other: {{#arraymap: 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), but 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 broadcast program; 2) to use literary works and works of art to the extent justified by the intended purpose as illustrations in publications, broadcasts, sound recordings or video recordings of an educational nature; 3) to reproduce in the press, to carry out public performance or broadcast of previously published newspaper or magazine articles on current economic, political, religious and social issues, or broadcast works of the same nature, when the right to carry out such a reproduction, broadcast or other public communication has not been specially prohibited by the author; 4) to reproduce, in order to present current events by means of photography or cinematography, to carry out broadcasting 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 works displayed at exhibitions, auctions, fairs and collections that are open to the public in catalogues for coverage of events mentioned above, without the use of these catalogues for commercial goals; (item five of part one of Article 21 in the wording of the Law No. 850-IV of 22.05.2003) 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 the 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 otherwise broadcast 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.|,|xyz|Other CEL::xyz}}

• Does your law permit a licensor to disclaim all warranties when licensing a work? Warranties disclaimable::Yes

• May liability of a licensor under your law be waived or limited? Licensor liability waivable or limitable::Yes
  • Types: {{#arraymap: Disclaim only some liability|,|xyz|Has liability limit type::xyz}}

• Are there any mandatory form requirements for licensing copyrights in your jurisdiction that the ported licenses will need to accommodate? License form requirements::Yes

• Are there any other mandatory provisions of law that might cause a deviation between the terms and conditions of the unported licenses and licenses adapted to your jurisdiction's laws? Has other relevant provisions::No
  • Describe: {{#set: Other relevant provision=}}

• Would a court in your jurisdiction treat the CC legal code as a license under copyright? CC code treated as license::No
  • What types of remedies are available for copyright infringement? {{#arraymap: |,|xyz|Infringement remedies::xyz}}
    • Other: {{#arraymap: |,|xyz|Other infringement remedy::xyz}}
    • Damage remedies: {{#arraymap: |,|xyz|Has damage remedies::xyz}}
      • Other: {{#arraymap: |,|xyz|Other damage remedy::xyz}}
  • Would a court in your jurisdiction treat the CC legal code as a contract between the licensor and licensee? Is CC code contract::No
    • What types of remedies are available for breach of contract? {{#arraymap: Damages, Equitable Remedies|,|xyz|Has contract infringement remedies::xyz}}
      • Other: {{#arraymap: |,|xyz|Other contract infringement remedy::xyz}}
    • Damage remedies: {{#arraymap: General, Special, Consequential|,|xyz|Damages for contract infringement::xyz}}
      • Other: {{#arraymap: |,|xyz|Other contract infringement damages remedy::xyz}}

Public Discussion Report

Has the jurisdiction submitted a Public Discussion Report? Completed Public Discussion Report::No

Upload report: {{#if: |[[Media:|Download Public Discussion Report]]|}}

Select all license sections discussed in the uploaded Public Discussion Report: {{#arraymap: |,|xyz|PDR discusses::xyz}}

Substantial Changes Report

Has the jurisdiction submitted a Substantial Changes Report? Completed Substantial Changes Report::No

Upload report: {{#if: |[[Media:|Download Substantial Changes Report]]|}}

Select all license sections discussed in the uploaded Substantial Changes Report: {{#arraymap: |,|xyz|SC discusses::xyz}}

{{#set: License jurisdiction=}}