The government has simplified the recognition of works as orphaned: how this will affect copyright The Cabinet of Ministers has simplified the procedure for identifying works as orphaned. This should solve the problem of using such works, primarily in the field of education and science. Orphaned works are works that are protected by copyright, but their authors or other copyright holders cannot be found or identified. This creates a problem for the use of such works, as any use without the permission of the copyright holder is a violation of copyright. The new procedure, approved by the government, simplifies the process of searching for copyright holders and allows for the use of orphaned works for non-commercial purposes, such as in education and science. In particular, the procedure provides for: * A clear definition of the criteria for determining a work as orphaned. * A simplified procedure for searching for copyright holders. * The possibility of using orphaned works for non-commercial purposes after a thorough search for copyright holders. The adoption of this procedure is an important step towards ensuring access to knowledge and culture, as it will allow the use of orphaned works for educational and scientific purposes without fear of copyright infringement. However, it is important to remember that the use of orphaned works is only permitted for non-commercial purposes and after a thorough search for copyright holders. Any commercial use of orphaned works without the permission of the copyright holder is a violation of copyright.
Kyiv • UNN
The government of Ukraine has approved updated rules for recognizing works as orphaned, which will allow archives and libraries to legally use them. This is a step towards modernizing the intellectual property system.
The Ukrainian government has approved updated rules that simplify the procedure for officially recognizing a work as orphaned (one for which the copyright holder cannot be established or found). Thanks to this, archives, libraries, museums, educational and scientific institutions can legally use such works without the risk of copyright infringement, writes UNN with reference to the Ministry of Economy of Ukraine.
Details
We are streamlining the field of copyright in accordance with European principles. The new rules allow the use of orphan works in a legitimate and transparent manner. This is an important step towards modernizing the entire intellectual property system in Ukraine
What is an orphan work
Sometimes it is impossible to find the copyright holder of a film, song or book, that is, a work that is protected by copyright. Such objects are called orphans.
This causes problems, namely: an archive, library or other organization cannot legally use this work, because it is not clear who to ask for permission.
How the updated rules will help solve the problem
The adopted resolution provides a clear mechanism for resolving such situations. In particular, the following points are introduced:
- a clear procedure for submitting applications to the National Intellectual Property Authority (NIPA);
- the possibility of eliminating deficiencies in the submitted application;
- a transparent procedure for reviewing applications and communicating with applicants;
- how to act in case of refusal to grant status within the framework of administrative appeal.
The Ministry of Economy also explained that the new rules have the following advantages:
- adapted to the changes in the law "On Copyright and Related Rights";
- meet the requirements of the Law of Ukraine "On Administrative Procedure";
- support European approaches in the field of intellectual property.
The new implementations, explained in the Ministry of Economy, are another step towards building a clear and fair system of intellectual property rights protection in Ukraine.
In addition, this is important for access to cultural resources and the formation of a civilized legal environment in the field of copyright and related rights.