What Qualifies as an Audiovisual Work

An audiovisual work is a work fixed on film, magnetic media, optical media or another carrier as a sequence of frames or signals representing moving images, with or without sound. Films, television films, video films, animation and other comparable formats may fall within this category.

Music and advertising videos can also qualify when they meet the requirements for an audiovisual work. Production may combine an original script, original music, filming, performance and editing into one final work.

Film and Cinematographic Work

Ukrainian legislation also uses the concept of a film, including television series and individual episodes, as an audiovisual work formed from episodes connected by a creative concept and visual means. Source material also refers to the European Convention on Cinematographic Co-production and its concept of a cinematographic work.

Creative Process and Authorship

Creation usually starts with a script and the filming of a sequence of planned scenes. Director, scriptwriter and other creative contributors transform the concept into recorded material, which is then edited into the final sequence.

The following principal authors of an audiovisual work:

• director;

• author of the script and/or dialogue;

• production designer;

• author of music specially created for the audiovisual work, with or without lyrics;

• director of photography or principal camera operator.

One person may perform more than one creative function. Director often occupies a central role because the director coordinates the creative concept and may also perform additional creative functions.

Producer and Production Company Rights

Producer may organise or both organise and finance creation of an audiovisual work. A film producer may be an individual or legal entity responsible for organising or financing production and distribution. Production companies, film studios and video studios may also participate as producers or organisations responsible for production.

Commercial exploitation therefore requires clear documentation of which rights belong to individual authors and which rights are transferred or licensed to the producer or production entity.

Performers and Related Rights

Audiovisual productions frequently incorporate performances protected by related rights. Actors, singers, musicians, dancers and other performers may contribute performances to the same work.

The same person can hold both copyright and related rights. Singer, for example, may perform in a video while also being the author of lyrics or music created for the production.

Protection of Complete and Incomplete Works

Ukrainian copyright protection extends to published and unpublished works, complete and incomplete works, irrespective of purpose, genre or scale. A part of a work capable of independent use, including an original title, may also receive protection.

Contracts for Creating an Audiovisual Work

Producer or production organisation normally enters into a separate agreement with each author whose work is incorporated into the audiovisual production. Agreements may cover works created specifically before or during production as well as works that existed earlier and are licensed for inclusion.

Contractual structure can take the form of a commissioned-work agreement or an employment arrangement where the work is created within employment duties. Agreements should define the contribution, scope of transferred or licensed rights, territory, term, remuneration and permitted forms of use.

Copyright Registration

Source material describes a registration procedure before the national intellectual property authority. Application package is submitted in accordance with the procedure for state registration of copyright and agreements concerning rights in works.

The authority considers an application and makes a registration decision within one month after receipt. If requirements are met, the applicant receives a decision on registration; otherwise, a reasoned refusal may be issued.

The applicant has three months after receiving a positive decision to provide evidence of payment of the state fee for issuance of the certificate. Failure to provide the payment document within that period may result in the application being treated as withdrawn and the registration not being completed.

Registration information is entered in the State Register of Copyright Registration Certificates after the registration decision and confirmation of the applicable state fee. The certificate is issued within one month from registration.

Commercial Use of Audiovisual Content

Rights clearance should be completed before distribution, licensing, advertising use or monetisation. A producer should be able to demonstrate rights to the script, music, performances, footage and other protected elements incorporated into the final product.

Audiovisual rights structure works best when authorship, performer rights, producer rights and contractual transfers are documented from the production stage rather than reconstructed after a dispute. Clear agreements and, where useful, copyright registration create a stronger basis for licensing, distribution and enforcement.