ORPHAN WORKS AND RELATED RIGHTS OBJECTS: LEGAL STATUS IN UKRAINIAN LEGISLATION

Abstract

This article explores the core legal principles regulating the acquisition and loss of orphan works and objects of related rights, such as phonograms, videograms, and performances fixed therein, under Ukrainian law. It examines the pivotal provisions of the Ukrainian Law “On Copyright and Related Rights”, which established the legal framework for identifying these objects and outlined mechanisms for their use in cultural and scientific fields. Key attention is given to the mandatory diligent search for rights holders as a prerequisite for declaring a work orphaned, as well as conditions under which these objects can be legally used without infringing copyrights or related rights. The article also addresses the loss of orphan status, registration processes, and regulatory oversight by the Cabinet of Ministers of Ukraine. Special emphasis is placed on the harmonization of Ukrainian legislation with European standards, particularly the implementation of Directive 2012/28/EU. Practical aspects of applying the law are analyzed, focusing on ensuring access to cultural heritage while safeguarding the interests of rights holders and users. The challenges associated with implementing the provisions of the law and their significance for societal development are also considered. The article highlights the legal and practical implications of orphan works, including the newly established procedures for diligent search and registration, the conditions for lawful use by cultural and scientific institutions, and the loss of orphan status when rights holders are identified. It discusses how the introduction of a unified orphan works registry and compliance with European directives improve access to cultural resources and intellectual property rights protection. Furthermore, the challenges of enforcement and the need for consistent monitoring and refinement of these legal mechanisms are explored. By providing a detailed analysis of both Ukrainian and European legal frameworks, this article contributes to the understanding of orphan works’ regulation and offers practical recommendations for harmonizing laws, protecting rights, and facilitating access to cultural heritage in compliance with international standards.