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Registration of copyright on the painting in Ukraine

Registration of copyright on the painting in Ukraine

Protection of creativity is not only a prerogative but also an inherent right of every creator. In the modern world, where information is of great value, copyright registration becomes a key step in preserving the uniqueness and integrity of your work. Frequently asked questions people face in the art world include: how to protect their copyright? how to register intellectual property rights? how to get 5% from the resale price of an original artwork? Let’s explore everything step by step. Every drawing, sketch, study, draft, painting, and sculpture is the intellectual property of the artist. After creating a work of art, the artist (sculptor) acquires property and non-property rights.

Certificate of copyright registration for a work, painting, sculpture — Certificate of copyright protection for an artist or sculptor

Exercising non-property rights

Specified in Article 11 of the Law of Ukraine "On Copyright and Related Rights" No. 2811-IX. These rights cannot be transferred to third parties, even by agreement. These rights include:

1) The right to demand that their name be indicated on the painting and its copies during any public use.

This right is used by artists when selling their paintings, and the buyer uses the plot of the painting, for example, in advertising banners, reproduces the plot on phone cases, clothes, etc. In such cases, there must be a contract between the artist and the buyer regulating these relations. Otherwise, this is a violation of the artist's rights.

2) The right to prohibit the mention of their name if the artist, as the author of the work, wishes to remain anonymous.

3) The right to choose a pseudonym, indicate, and demand that the pseudonym be used instead of the author’s real name in the work and its copies, as well as during any public use.

4) The right to demand the integrity of the painting and oppose any distortions or changes or any other encroachments on the work that may damage the honor and reputation of the artist. This right protects artists (sculptors) from insults that may be inflicted.

Property rights

Specified in Article 12 of the Law of Ukraine "On Copyright and Related Rights" No. 2811-IX. These rights are more related to the physical world. For example, what to do with a painting (sculpture) – sell, donate, reproduce the plot on clothing, transfer it to a museum for an exhibition, or create an NFT token. Therefore, property rights include:

The right to use the painting.
The right to permit or prohibit the use of the painting by others.

That is why we recommend taking care of your intellectual property rights and getting a free consultation from one of Ukraine’s leading experts – Tsaryk Olesya.

To protect copyright, you need to:

Document the existence of intellectual property rights.
Obtain a certificate of state registration of intellectual property rights.
When transferring (selling, donating) paintings or sculptures, sign agreements regulating the use of copyright.

If this is not done, it will be more difficult for the law to protect the artist or sculptor as the creator of a work of art.

When signing a sales contract for a painting, you can specify which copyright you want to transfer to the buyer. Thus, the artist’s rights will not be violated, and the artist will also be able to receive an agreed fee (royalty) for using the intellectual property rights.

Interesting example
A collector purchased a painting from an artist without a sales agreement. The buyer took a high-quality photograph of the painting and placed it on a batch of iPhone cases. Shortly after, the artist saw their work on a phone case and was "pleasantly" surprised, as they had not given consent.
Fortunately, the artist documented the copyright violation, proved that the copyright belonged to them, and had not been transferred to third parties. In turn, the collector believed that the painting belonged to them, so they could do whatever they wanted. However, the law protects artists as copyright owners. The outcome – the artist won the court dispute and received generous compensation.

Droit de suite

Article 30 of the Law of Ukraine "On Copyright and Related Rights" No. 2811-IX allows the author or their heirs to receive 5% of the sale price of the original artwork. This right applies during the author’s lifetime and for 70 years after their death.

Why is legal support important?

Legal support ensures the protection of your rights in case of their violation. Specialists can help correctly draft contracts, document copyright infringements, and represent your interests in court.