C A C U A TO R S
On Amendments to the Law of Ukraine
" On distribution of copies of audiovisual
works and phonograms "
(Information of the Verkhovna Rada of Ukraine (VR), 2004, N 7, pp. 46)

Verkhovna Rada of Ukraine Oh, I am. :
I. Make changes to the Law of Ukraine " On Distribution
copies of audio-visual works and phonograms " ( 1587-14 )
(Information of the Verkhovna Rada of Ukraine, 2000, N 24, pp. 183;
2001, N 4, pp. 12), teaching it in such an editorial:
" With A K N To R A Yi N
Distribution of audiovisual copies
works, phonograms, video game, computer
applications, databases
This Act defines the legal basis for the distribution of copies
audiovisual works, phonograms, video game, computer programs,
databases and aims to protect the interests of copyright subjects
rights and related rights and protection of consumer rights.
Article 1. Scope of the Act
The action of this Act extends to relationships arising from
distribution of copies of audiovisual works,
phonograms, video game, computer programs, databases.
Article 2. Term Definition
In this Act, the terms are used in this way:
audiovisual work-a piece of fiction written on a certain
material media (film, magnetic film or magnetic film)
disk drives for laser-reading systems, etc.) in the form of a series
serial frames (images) or analog or discrete items
signals that reflect (encoded) the moving image (as with
the sound and without it), and the perception of which is
is possible solely by using a different kind of screen
(film, TV screen, etc.) on which moving
images are visually displayed using certain technical images
Tools. The types of audiovisual work are filmmaking, TV movies,
videos, diacons, sliders, etc.
Game, animated (multiplicational), non-playable or other;
database (data compilation)-a collection of works, data or
any other independent information in any form, in which
including electronic, selection and location of the parts of which and
its sorting is the result of creative work, components of
of which are available individually and can be found for
a special search engine based on electronic data
(computer) or other means;
video footage-a video recording on a suitable material medium
(magnetic tape, magnetic disk, disk for laser systems)
read & etc;) execution or any moving images (from
sound escort or without it), except for images in the recording form,
I think it's part of the sound of the audiovisual. The video game is
Output material for making copies of it;
play copies-making one or more
instances of audiovisual work, phonograms, video clips,
computer program, databases in any material form,
as well as their entry for temporary or permanent storage in
electronic (including digital), optical or other form, which
Could read a car;
A legal or physical person who ordered
playing or self-making such playback on
equipment that is its property or is in its possession or
Use;
Vinyl disc, which is produced from synthetic
materials and on the surface of which the helix is located
(tracks) with a sound recording;
Specimen importer-Ukrainian entity of business
the activities that have made the purchase (including pay in
non-monetary forms) in foreign entity
Copies of audiovisual works, phonograms, video
computer programs, import databases or without input
In the customs territory of Ukraine;
Specimen exporter-Ukrainian entity of business
activities that have made sales (including pay in)
non-monetary form)
Copies of audiovisual works, phonograms, video
computer programs, or without an output database
From the customs territory of Ukraine;
computer program-a set of instructions in the form of words, numbers,
codes, schemes, symbols or in any other form expressed in
a form suitable for reading a computer that brings it to the
action to achieve a certain goal or result (this concept covers
both the operating system and the application program expressed in
Source or object codes);
control mark-a special sign that will enclose compliance with
Copyright and (or) contiguous rights and grants the right to distribution
Copies of audiovisual works, phonograms, video
computer programs, databases. The control mark is self-branded
a sign of disposable use, the external side of which has
Special holographic protection;
marking control stamps-selecting a path
Alerting control stamps to package copies
audiovisual works, phonograms, video game, computer programs,
databases;
instance of audiovisual work, computer program, bases
data-a copy of audiovisual work, computer program or
databases on a suitable material medium that is performed
directly or indirectly from this audiovisual,
computer program or database and contains all recorded in
audio visual, computer program or database
moving images or their part (as with sound escort, etc.)
Without it);
instance of phonogram-copy phonograms to the appropriate
a material medium that is performed directly or indirectly
from this phonogram and contains all recorded sounds or their sounds
Part;
a copy of the video game, copy of the video game
a material medium that is performed directly or indirectly
from this video game and contains all recorded floating-point
the image or part of them (both with sound escort and no
(b)
distribution of copies of audiovisual works, phonograms,
videos, computer programs, databases-an introduction to circulation
Copies of audiovisual works, phonograms, video
computer programs, databases by selling or otherwise
Transfer of property rights;
The subject of master copyright and (or) related rights is physical
or the legal person who on the rightful grounds belong to the Mayans
Copyright and (or) related rights to audiovisual works,
phonograms, video-grams, computer programs, databases;
The institution is the central executive body in the field of
intellectual property;
phonogram-sound recording on appropriate media (magnetic)
tape or tape, charter, disk for
laser reader systems, etc.) performing or any sounds,
besides the sound in the record form, which is a component of
of the audiovisual work. Phonogram is the source material for
making copies of it (copies).
Article 3. Distribution conditions for audiovisual instances
works, phonograms, video game, computer programs,
databases
Distribution in the territory of Ukraine
audio graphics, phonograms, video game, computer programs
and databases, and their propositions are only permitted under the terms of their
marking control stamps.
Article 4. The right to obtain control stamps
1. The right to receive control stamps has importers;
exporters and replicators of instances of audiovisual works,
phonograms, video game, computer programs, databases.
2. The control stamps are issued by the Decree. Any
Mediation and distribution activities
The checkmarks are prohibited.
Article 5. How to obtain a control stamp
1. To obtain the identity of the person, the person specified in the
the first Article 4 of this Act (hereafter applicants) shall submit to
Institutions:
(a) A statement of the established model;
(b) A copy of the Statute, where the treaty (in cases,
(a) for legal purposes;
(c) A copy of the subject's certificate of public registration
Business activities;
(g) a copy of the reference manual to the Single State Registry
enterprises and organizations of Ukraine (for legal persons) or
Assignment of identification code (for physical persons);
(g) a list of the names of the instances of audiovisual,
phonograms, video game, computer programs, databases installed
a sample of the works recorded on these instances
(the language used for the original
Instance);
(d) A copy of the State Department for the Law of Distribution and
Display of audiovisual works-movies;
(e) A copy of the transfer (alienation) treaty
authors and (or) subjects of related rights or treaties
rights on the use of audiovisual works, phonograms, video game,
computer programs, databases by playing them and
Distribution of copies, starting with the contract by which the
rights of authors and (or) subjects of related rights or rights to
the use is transmitted to the territory of Ukraine, or since
a treaty whereby the master rights of authors and (or) subjects of the adjacent
rights or rights to use are transmitted from primary subjects
copyright and (or) related rights (in case of these
on the territory of Ukraine). The applicant delivers copies of the specified
treaties, as well as the original of the treaty, followed by
The applicant is transmitted to the master rights of authors and (or) subjects
related rights or rights for the use of audiovisual works,
phonograms, video game, computer programs, databases. To
treaties compiled by a foreign language added to their translation
In Ukrainian, the language is in the prescribed order;
) a copy of the licence to be carried out
The introduction of holographic protective elements.
2. Zayava and copies of documents listed in part one of this
articles, will be perceived: from legal persons-the signature of the
The person who works by the seal, from the physical
The personal signature of the applicant.
3. Original contract specified in the "e" part of the first
this article, returns to the applicant along with written decision on
Issuance or failure to issue checkmarks.
It is forbidden to require documents and records,
is not intended as part of the first of this article.
4. Responsibility for the authenticity of the documents submitted for
receiving of the checkmarks, carrying the applicant.
5. In a statement to the receiving of the checkmarks, necessarily
Read: date of appeal, number of copies
audiovisual works, phonograms, video game, computer programs,
databases, the right to reproduce and distribute for
treaties, the number of control marks required by the applicant for
marking the copies.
6. Resolution for three working days from the day of adoption
obligation to issue a statement of issuing a written decision on the issuance of
the control marks or the failure in their issuance.
In case of the need for information verification,
in documents that are listed on the receiving of checkmarks, lines
The review may be extended, but not more than 10
working days on which the applicant is reported in writing.
7. Subroutines for issuing a denial decision
Control marks are:
Filing a statement of incomplete documents listed in the
Part of the first article;
Submission of a claimant to the submission of checkmarks,
Which does not meet the requirements of this Act;
Submission of a claimant to the submission of checkmarks,
Which contains inappropriate information;
Underbearing the applicant of the rights of copyright and
(or) related rights.
The refusal to issue checkmarks may be
appealed to the court in the order established by the law.
8. Based on the decision of issuing control stamps and beyond
The submission of a copy of the payment document with the mark
Bank of Banking
to the State Budget of Ukraine for two working days
Provides for the manufacture and issuance of the applicant's stamps.
In case of disclaimer, copies of the payment document from
Notice of the bank account on the cost enumeration
controlling stamps to the State Budget of Ukraine for one year
A calendar month from the day of the submission of the statement
about issuing checkmarks, which informs the applicant.
9. Data about the applicant who first addressed the recipient
Control marks and decision making
Checkmarks, as soon as the General Registry
Checkmark recipients (next-Register) with the following:
the statement number of the validation marks, the amount of data issued
brands, their series, numbers and dates of the recipient, and for the legal
persons-full name, legal and postal addresses, numbers and dates
Issuance of certificates of state registration of business
Legal entity, code of the United State Register
enterprises and organizations of Ukraine; for physical person the last name,
name and parent, home address, number and date of issuance
Certificate of Public Registration
Physical activity, identification number. In the solution
on the issuing of control stamps is indicated by the date of reference to the Register
the applicant ' s data and registration number.
In case of an appeal from the subsequent applicant to the
to obtain the verification stamps of documents provided in the "b" paragraphs
"in", "g", "there are" parts of the first of this article, are not required.
If you make changes to the specified applicant's documents
is required to submit these documents to the Installation.
Order of the Register and the provision of issuance
The control stamps are determined by the Cabinet of Ministers of Ukraine.
Article 6. A series of control stamps and order of manufacture
Each control stamp has its own series and number.
The following are installed:
A-for the copies of the phonograms in the form of magnetic media and
Vinyl discs;
In-for instances of audiovisual works and video game
Form of magnetic media and film;
For instances of audiovisual, phonograms,
videos, computer programs, databases in the form of an optical
The speakers.
Control stamps are ordered to be installed in
of the order established by the legislation.
Each control mark is informed that
identifies it with an appropriate copy of the audiovisual work,
phonograms, video game, computer program, database.
Article 7. Fee stamps
For each control, the applicant pays the amount in size
one percent of the untax minimum income of the citizens.
Prevents installation and handling of applicants
any other payment for the acquisition and use of
Yeah,
The funds received from the sale of control stamps are credited to
To the special fund of the State Budget of Ukraine and
used by the target to make
control marks and take measures to ensure their
You know,
Article 8. Control Stamps
1. Marking instances of audiovisual works, phonograms,
videos, computer programs, database control databases
implement importers, exporters and replicators of these instances
before they are distributed.
2. Imported copies of audiovisual works, phonograms,
videos, computer programs, databases are marred after
Customs clearance of the territory of Ukraine.
Copies of audiovisual, phonograms, video game,
computer programs, exported, marquated
before their customs clearance to transport through the customs border
Ukraine or the transfer of a foreign counterparty in the customs territory
Ukraine.
3. Every package of the audiovisual copy of the
phonograms, video game, computer program, database
is marked by a single control mark.
Packaging, which is an integral part of several different
Copies of copies of audiovisual works, phonograms, video
computer programs, databases, or hosted on multiple media
parts of one audiovisual work, phonograms, video clips,
of a computer program, a database, is marked by one control
Marka.
4. Purchase of a copy of the audiovisual work, phonograms,
videos, computer program, databases, labeled
control mark, is not the right to public execution,
public display, public demonstration, public notification,
A master hire, a household or commercial rental recorded on this
a copy of audiovisual work, phonograms, video clips,
computer program, databases.
5. The control marks shall not be subject to:
1) the copies on which the excerpt is performed
audiovisual work, phonograms, video clips, demo
versions of computer programs and databases or fragments of multiple
audiovisual works, phonograms and videos if such a record
done with the purpose of advertising these audiovisual works, phonograms,
videos, computer programs and databases that are distributed by
Based on a non-payment basis;
2) works with sound or video recordings of events having personal
character (family holidays, etc.) if such a reproduction is made from
the purpose of their distribution among the participants of these events;
3) copies of audiovisual, phonograms, video game,
computer programs, databases to be transported by transit through
Customs territory of Ukraine;
4) copies of audiovisual, phonograms, video game,
computer programs, databases, if made to order
the legal or physical person (hereinafter) the subject
an entrepreneurial activity
playing on the equipment, which is its property or is in
its possession or use (further is the manufacturer), and the transfer
A manufacturer of these copies is made by the customer.
With the following conditions:
Orders are made based on the contract of the
primary materials, their components or raw materials belonging to
A customer or fully paid by the customer;
matrices and other primary materials, including those that
are transmitted electronically used for
Production of copies of audiovisual works, phonograms,
videos, computer programs, databases, are the property of the customer
regardless of the given matrix or other primary
The materials by the customer or manufactured by the manufacturer within the order;
made for copies of copies of audiovisual works,
phonograms, video game, computer programs, databases are passed on
the manufacturer is in full and not used
For sale as a product of its own production;
The master rights of the subjects of copyright and related rights
audiovisual works, phonograms, video games, computer programs,
The databases belong to the customer and do not move to the manufacturer;
the right of property on the copies of audiovisual works,
phonograms, video game, computer programs and databases are owned by
the customer who is responsible for the copyright
Rights and related rights on the specified property of property rights;
made for copies of copies of audiovisual works,
phonograms, video game, computer programs, databases
Legal contracts (external economic contracts, contracts, etc.)
come outside the customs territory of Ukraine and without them
Distribution in Ukraine;
Import from customs territory of Ukraine
audiovisual works, phonograms, video game, computer programs,
databases made according to the contract of the charge is carried out
directly by the manufacturer without the transfer of ownership, use
these copies to third parties (except for the temporary transmission of such
The rights of the transport and expat organizations to transport);
5) copies of computer programs and databases that are
an integral part of periodic printed publications that contain in
self demonstration versions of these programs and databases, provided
A binding reference to the right of owner;
6) copies of computer programs and databases that are
an integral part of the equipment made or introduced to the
Customs territory of Ukraine.
Article 9. Storage and transportation of Ukraine
not labeled with control marks
audio, phonograms, video game,
computer programs, databases
Storage not labeled with checkmarks
audiovisual works, phonograms, video game, computer programs,
databases are done exclusively by playbooks or importers of these
The copies.
Transportation of Ukrainian territory not labeled with controls
The stamps of audiovisual works, phonograms, video game,
computer programs, databases are allowed only if
such instances are delivered to storage in inventory
Persons belonging to individuals specified in the first part of the
Article 4 of this Act and if such instances are not subject to
the marking in accordance with part of Article 8 of this Act.
Transportation of Ukrainian territory not labeled with controls
The stamps of audiovisual works, phonograms, video game,
computer programs, with a different purpose of being banned.
Article 10. Retail sales of audiovisual products
works, phonograms, video game, computer programs,
databases
Retail sales of copies of audiovisual works,
phonograms, video game, computer programs, databases are made
only in the places of specialized retail. Requirements for
of specialized retail stores
audiovisual works, phonograms, video game, computer programs,
databases and rules of such trade are set by the Cabinet
Ministers of Ukraine.
Retail sales of copies of audiovisual works,
phonograms, video game, computer programs, databases, unreleased
The control mark is prohibited.
Article 11. Responsibility for violation of this Act
Persons guilty of illegal manufacture, forgery,
use or excite of illegally manufactured, derived or
Fake checkmark for instance labeling
audiovisual works, phonograms, video game, computer programs,
databases, drawn to administrative and criminal proceedings
responsibility under the law.
Persons guilty of illegal distribution of copies
audiovisual works, phonograms, video game, computer programs,
databases, are drawn to civil, administrative and
criminal liability in accordance with the law.
Article 12. Control of the implementation of this Act
The institution shall exercise control of the implementation of this Act by
Planned and unplanned inspections
Inspectors on Intellectual Property
Distribution of copies of audiovisual works,
phonograms, video game, computer programs, databases. Control
is carried out in a manner defined by the Cabinet of Ministers of Ukraine.
In case of detection of non-labeled control
The stamps of audiovisual works, phonograms, video game,
computer programs, databases or labeled controls
the stamps with a series and (or) number that do not match
The sole register of the recipients of the control stamps, or on them
information that does not match the name of the given instance,
Public intellectual property inspectors remove
Copies like this.
II. Final Position
1. This Act takes effect from the day of its publication, but
changes made under this Act to the Code of Ukraine on
administrative offences ( 80731-10 , 80732-10 ) And before
Criminal Code of Ukraine 2341-14 ),-after completion
The Act has 90 days since the Act.
2. Import, export, wholesale and retail instance
computer programs, databases for 180 days of the day
This Act may be implemented without obtaining a
The control mark of the set specimen.
From expiration date of 180 days of entry into force
this Act Import, Export, Options and Retail
instances of computer programs, databases are made exclusively
If you don't want to be happy with their control marks.
The control stamps issued in force under this Act are:
Real.
3. Cabinet of Ministers of Ukraine for a three-month term
The Act:
to match this Act of its own
Legal and legal acts;
provide a view and cancellation of ministries and other
the central authorities of the executive branch of their legal and legal
Acts contrary to this Act.
4. To make changes to the following legislative acts of Ukraine:
(1) Article 164-9 of the Code of Ukraine on Administrative
Law enforcement 80731-10 , 80732-10 ) (Information from the Verkhovna Rada)
URSR, 1984, addition to N 51, st. 1122) teach in such a
& Revision:
" Article 164-9. Illegal distribution of instance
audio, phonograms, video game,
computer programs, databases
Distribution of audiovisual copies, phonograms,
videos, computer programs, databases, packaging of which are not
marked by control marks or labeled control marks,
that have a series or contain information that does not match the media
this instance, or the number that does not match the given Single
register recipients register,-
Pulling a fine from ten to a hundred.
The untax minimum income of citizens with the confiscation of these
Copies of audiovisual works, phonograms, video
computer programs, databases.
The same action, committed by a person who was subjected to a year
the administrative fee for one of the offences listed in the
part of the first of this article,-
Pulling a fine from fifty to two hundred.
The untax minimum income of citizens with the confiscation of these
Copies of audiovisual works, phonograms, video
Computer programs, databases ";
(2) Part of the third article 264 of the Code of Ukraine on
administrative offences ( 80732-10 ) after words
"Environmental protection authorities" to complement the words " State
Intellectual property inspectors ";
(3) Article 216 of the Criminal Code of Ukraine 2341-14 )
Set out in this edition:
" Article 216. Illegal making, fake,
using or excited illegally manufactured,
received or forged by excise tax stamps.
of stamps and control marks
1. Illegal fabrication, fake, use or excite
is illegally manufactured, possessed or forged by excise stamps.
collect or control stamps to mark package packs
audiovisual works, phonograms, video game, computer programs,
databases or holographic protective elements-
are punishable by a fine of one hundred to three hundred untax
minimumms of income citizens or limiting the will to the
Four years.
2. Same actions, re-committed or in previous language
group of persons,-
are punishable by a fine of three hundred to thousands of untax
minimumms of income citizens or to spare the will of the
three to five years with the confiscation of goods labeled
forged marches or holographic protective elements. "

President of Ukraine
Um ... Kiev, 10 July 2003
N 1098-IV