August 12, 2020 · 3 min read
Some owners of food industry establishments have never even heard of the obligation to provide the author with monetary (or other – by agreement) remuneration for the public display of video clips and films in their establishment.
Firstly, we will draw attention to the legally enshrined right of intellectual property subjects – in accordance with Art. 15 and Part 2 of Art. 17 of the Law of Ukraine "On Copyright and Related Rights" (hereinafter the Law "On CRR"), authors (or subjects to whom property copyright belongs) have the right to fair monetary remuneration for each public display of an audiovisual work or commercial rental of its copies, which is paid and calculated by collective management organizations or by other means.
Therefore, there are two ways to pay such remuneration:
Directly to the author (by concluding an author's agreement with them);
Through collective management organizations (hereinafter CMOs).
If there are no questions regarding the method of payment directly to the author, then there always are concerning CMOs. First of all, what are these CMOs? According to the Law of Ukraine "On Effective Management of Property Rights of Rights Holders in the Field of Copyright and (or) Related Rights", it is a public association with the status of a legal entity, not aiming to make a profit, founded exclusively by rights holders, whose activity is aimed at collective management of property rights to copyright objects and (or) related rights. The second question that arises is where to find them and how monetary compensation is paid to authors for the use of their intellectual property objects? An exhaustive list of CMOs and the procedure for paying remuneration is available on the website of the Ministry of Economic Development and Trade of Ukraine.
The next frequently asked question is: Is it possible to broadcast and edit video clips from the YouTube platform?
The issue of broadcasting video clips from channels existing on the YouTube platform is regulated not only by the current legislation of Ukraine but also by YouTube's privacy policy. This platform controls its content and monitors compliance not only with Ukrainian copyright protection legislation but also with that of all countries where YouTube exists. The owners of this site disclaim responsibility for copyright infringement, warning users that all future disputes regarding intellectual property will lie entirely with the latter. According to the same YouTube privacy policy, video clips shared by users are divided into three types:
Videos that are publicly available – can be viewed by any users, and they also have the right to "share" them without restrictions;
Videos that are in restricted access – can only be viewed by a limited, clearly defined circle of persons;
Videos with link access – can only be viewed by users who have the corresponding URL, and they can also "share" them with other users.
Thus, in our opinion, demonstrating YouTube video clips containing permissible content is allowed if they are in public access.
As for editing – according to Art. 20 of the Law "On CRR", authors of derivative works have the right to use and the right to protect their video clip only if they have respected the rights of the author of the primary work. Therefore, creating a new work based on someone else's work is permissible only after obtaining permission from the copyright holder.
Thus, based on our practice, for the demonstration and public display of films, video clips, music videos, or musical works in catering establishments – no special permits (state certificates) are required, BUT it is mandatory to pay monetary remuneration to intellectual property subjects.
Legal Assistant
Anna Voilenko
