Music, texts, stories, scientific papers, and even photographs are the result of creativity that is protected by author’s rights. So that no one else can use the fruits of your achievement without permission, you must be copyright registration. Especially if you want to make money from what you do.
Official legalization will help protect authorship of a tangible or intangible object from encroachment and illegal use. You have a monopoly on the results of creative or scientific activity in a special state body. The certificate will become a security document.
The rights to the creative result belong to the creator, he has the opportunity applying them for life and transfer them by inheritance. Personal non-property is inextricably linked with the author, it acts indefinitely. And if you formalize property rights, then the owner and even his descendants will be able to benefit from them. Having issued a certificate, you get the opportunity to prohibit the usage or allow it, receiving income from it.
Author’s right object
According to international law, the objects of legal ownership include the results of the scientific, literary or creative activity of the creator. Their artistic value is absolutely unimportant, nor is the way they are embodied. They can be tangible and intangible, made public or not.
There are opportunities to apply for registration rights for a wide variety of intellectual property: musical notations, sketches of drawings, literary compositions, and even drafts. The most popular options for protections to:
- Song or musical opus without words.
- Book, manuscript, poem, script.
- Photograph or image (plan, drawing, painting).
- Site, forum, page on the Internet.
- Software, operating systems.
- A computer program or part of a code
- A character from a book, game.
- Science articles.
- Handicrafts, sculptures.
- A pseudonym as an integral part of creativity.
- Name (musical and artistic creation, group).
- Logo, other design elements.
- Music label.
- Movie script.
- Audiovisual objects (films).
You cannot issue authorship to laws, official translations, banknotes, emblems, folklore, news, theories, programming languages.
In the era of free distribution of information, registration of copyrights on the Internet is becoming relevant. That is, for the developments posted on the network. These are photos, videos, posts or songs. Distribution of such information without the consent of the originator would be a violation. Brands and some well-known bloggers are trying to fight this hard, protecting themselves.
Stages of the author’s rights formulation
The specialists of SION will help to legalize intellectual property to objects created as a result of creative and scientific research. Customers of our services are individuals or legal entities.
To obtaining copyright, we proceed as follows:
- We communicate with the applicant, prepare a package of documents.
- We submit an application to the relevant department. In Ukraine, this is the National Intellectual Property Body (a division of Ukrpatent).
- The experts of the department check the correctness of the design and make a decision. In Ukraine, 20 days are allotted for this.
- We pay the state duty for the issuance of a security certificate.
- Information about this is published in the bulletin of the responsible authority.
- The data are entered into the state formalize.
- A certificate is issued. In terms of time, the whole process takes about 2-3 months.
If you want to apply for author’s rights, you have the opportunity to do so in any country. Protection extends beyond the borders of the state of registration. It will be valid in all countries – members of the Berne Convention for the Protection of Literary and Artistic Works of 1886, which includes 177 member countries at the moment. Our attorneys will advise on where to serve, in Ukraine or abroad.
In theory, any intellectual property belongs to the creator. But this affiliation is not always protected by law. Each country has legalized intellectual property objects, where information about holders is recorded. There are two such official lists in Ukraine:
- State copyright’s registration;
- The state of contracts concerning the originator’s rights.
The benefits of such lists are rather big. They are helping:
- For persons interested in purchasing permission to use, find the originator of the essay.
- To the holders to prove the intellectual property belonging to them. For example, in court or law enforcement.
If necessary, SION specialists will check for authorship and search for a creator. Our employees are guided by Ukrainian and foreign lists.
Author’s rights Certificate
It confirms the author’s ownership of an object created as a result of mental or creative research. This is the main certifying document that speaks about the protection of property enshrined in law. Registration certificate is an official paper that confirms authorship and which it will applying in various instances and in transactions.
It is in the interests of the creator to obtain this document. The task of our specialists is to correctly fill out an application for a certificate and accompany it. Sometimes they write that it is not necessary to draw up a document at all. After all, copyright arises from the moment it is created. This is true. However, you need to forme in order to:
- Protect the results of intellectual creativity.
- In a disputable situation, it was not necessary to prove authorship by other means.
- Be able to enter into licensing agreements or sell permits for the created objects.
- Make the legalized result a part of the authorized capital of the company.
Therefore, we strongly recommend that you issue a right confirmation. This is done quickly enough and is very beneficial.
Copyright registration cost
To formalize the intellectual property with a specialized agency, you must pay a registration fee. For example, in Ukraine it is 10 – 90 USD depending on whom the registration is for (for an individual or a legal entity). Also, the registration of the transfer agreement in the national register is officially paid.
The price of registration procedures may include the following:
- Making changes to the state register (for example, after the transfer of permission to use);
- Registration of a duplicate of the certificate;
- Company fee (support of the process, submission of documents to the responsible body, preparation of the objections);
- Development of a draft contract for the assignment (under a simple / exclusive license).
Before starting cooperation, we will make a full calculation. In it we will calculate the cost of our services and indicate the amount of all necessary fees. Based on the calculation, the customer makes a decision on cooperation.
Author’s rights duration
There are two types of rights to the results of intellectual creativity:
- Non-property personal. Allows you to require that the name of the creator be mentioned or not mentioned during the use of the results of his work, and the author’s object is not distorted and kept intact. May imply reputational benefits and belong only to individuals, but not to companies.
- Property. It is it that is subject to state registration. Assumes the possibility of use, as well as permission or prohibition of use by third parties. May imply commercial benefits, that is, sale or transfer for use.
Non-proprietary ones act forever, regardless of whether they have been formalized or not. But only registration with the issuance of a security paper will become a convincing confirmation of authorship. The document will help protect your results from misuse.
How many years are proprietary valid rights of the maker? According to Ukrainian laws, the life of the author is +70 years. According to the laws of other countries – the same, but more often not +70, but +50 years. Sometimes there is a link to the first publication. Usually it is 50 years from the date of publication, but sometimes 70-80 years.
A conscientious originator has the privilege of benefiting from someone using his objects. In the event of unauthorized usage, you have the option to claim damages.
The SION’s specialists draw up and conclude agreements realizing the author’s right to remuneration for the use of his intellectual property. These are contracts:
- To transfer non-exclusive rights (licensed). That is, publishing, broadcasting, etc.
- For the transfer of exclusive property rights (sale).
If necessary, we will help you draw up a claim for damages in case of illegal usage. Ukrainian and, moreover, international legislation provides for such an approach. Fill out the feedback form and we will contact you or write to us by mail: email@example.com