Advisory | Copyright | Gaming / Creative | Work for hire

2024


Copyright ownership for works made for hire and works made to order: advising a foreign employer on Ukrainian law

Client: a world-leading tabletop gaming and collectible miniatures company, owner of one of the most recognized brands in the gaming industry. The company engages Ukrainian professionals both as employees and freelancers for creative content production.

Objective

The client required a comprehensive analysis of Ukrainian copyright law regarding ownership of works created under employment agreements (works made for hire) and works commissioned from freelancers (works made to order). The key question was how economic rights transfer to the employer or commissioning party and what risks exist.

Our approach

We conducted a thorough analysis of applicable legislation and case law on works made for hire under Ukrainian copyright law and works made to order under civil law contracts. We provided actionable recommendations for structuring both employment and freelance agreements to ensure full transfer of economic copyright to the client.

Outcome

The client gained a clear understanding of the copyright ownership regime in Ukraine for both categories of creators. Our analysis enabled the client to structure contractual arrangements that secure proper IP protection and minimize the risk of ownership disputes over creative works produced in Ukraine.

Service type

Legal analysis

Subject matter

Work for hire + commissioned

Sector

Gaming / Creative

Outcome

Recommendations delivered

Engaging Ukrainian talent for creative work?

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