Ukraine

Цивільний кодекс Української РСР 1963 року

Baseline · Effective 1990-01-01

60%

Relevant section: Стаття 492

Dates: Effective 1990-01-01 · Enacted 1963-07-18

Why this score

On 1990-01-01, Ukraine (then the Ukrainian SSR) was governed by the Civil Code of the Ukrainian SSR of 1963, Chapter IV on copyright. Article 492 permitted reproduction of published works for personal use without the author's consent and without payment of remuneration, subject to certain exclusions. This was a personal/private use exception covering reproduction of full works, but limited to individual personal use (not institutional, not sharing). There was also a quotation exception (Art. 491) limited to excerpts. The personal use exception is the most permissive research-relevant provision. It covers reproduction of full works but is restricted to personal use by individuals and does not cover communication/sharing. I was unable to retrieve the full verbatim text of the 1963 Civil Code via web search to provide an exact excerpt, but the structure of Soviet-era civil codes is well-documented. The classification is LIGHT BLUE: full-work reproduction permitted, but restricted to personal/private use by individuals.

Exceptions considered

Закон України «Про авторське право і суміжні права» № 3792-XII

Relevant update · Effective 1993-12-23

60%

Relevant section: Стаття 15, Стаття 21, Стаття 22, Стаття 25

Dates: Effective 1993-12-23 · Enacted 1993-12-23

Why this score

The Law of Ukraine 'On Copyright and Related Rights' No. 3792-XII was adopted on 23.12.1993 and entered into force on the same date. It replaced the copyright chapter of the 1963 Civil Code. Key research-relevant exceptions: (1) Art. 25 – free reproduction of works for personal purposes (private use), permitting reproduction of a lawfully published work exclusively for personal use without consent or remuneration, with exclusions for certain categories (architectural works, computer programs, databases, full books if economically unjustified). This is a private use exception covering reproduction of full works (with some category exclusions) but limited to individuals for personal purposes. (2) Art. 21 – free use of a work with attribution of the author's name, which includes use of quotations for scientific/research/critical/informational purposes, and use for teaching/scientific research purposes to the extent justified by the purpose. Art. 21 covers 'use' (використання) which is broader than mere reproduction. However, the research provision in Art. 21 is qualified by 'to the extent justified by the purpose' which may limit full-work reproduction. (3) Art. 22 – free reprographic reproduction by libraries and archives. (4) Art. 23 – free reproduction for educational purposes. The most permissive exception for research is Art. 21, which permits 'use' of works for scientific research purposes. The term 'використання' (use) covers multiple exclusive rights. However, the provision limits use to 'the extent justified by the purpose,' which is a proportionality qualifier (classification-neutral). Art. 21 is open to any user and any work. This could be classified as GREEN (use for research, any user, any work, covers multiple rights). However, I was unable to retrieve the exact verbatim text of the original 1993 version via web search to confirm the precise wording. Given the structure visible from the table of contents and known provisions, Art. 21 appears to permit use (not just reproduction) for research purposes by any user. But the specific sub-paragraphs of Art. 21 that relate to research may be limited to quotations/excerpts rather than full works. Without the verbatim text, I classify conservatively as LIGHT BLUE based on the clearly verifiable Art. 25 (personal use, full works, individual users only).

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗

Закон України «Про внесення змін до Закону України «Про авторське право і суміжні права»» № 2627-III

Relevant update · Effective 2001-08-04

60%

Relevant section: Стаття 21, Стаття 22, Стаття 23, Стаття 25

Dates: Effective 2001-08-04 · Enacted 2001-07-11

Why this score

Law No. 2627-III of 11.07.2001 significantly amended the Law on Copyright and Related Rights (No. 3792-XII). The amended version restructured and refined the exceptions. Art. 21 (free use with attribution) was revised to include specific enumerated cases of permitted use, including: use of quotations from published works for research, polemic, critical, and informational purposes to the extent justified by the purpose; use of works for illustration in publications, broadcasts, and sound/video recordings for teaching purposes to the extent justified by the purpose. Art. 25 (free reproduction for personal purposes) was revised to permit reproduction of a single copy of a work by a natural person for personal (private) non-commercial use, excluding: (a) construction works in the form of buildings; (b) computer programs (except as provided in Art. 24); (c) reprographic reproduction of books, musical texts, and original works of fine art (except as in Arts. 22-23). Art. 22 permitted reprographic reproduction by libraries and archives. Art. 23 permitted reprographic reproduction for educational purposes. The most permissive exception for research remains Art. 21, which uses the term 'використання' (use) covering multiple exclusive rights, for research/scientific purposes, open to any user and any work. However, Art. 21's research-relevant provisions appear limited to quotations (excerpts) and illustration for teaching, not full-work reproduction for research. Art. 25 permits full-work reproduction but is limited to personal/private use by natural persons and excludes certain work categories. Classification: LIGHT BLUE – the private use exception (Art. 25) permits full-work reproduction for personal purposes by individuals, with some work exclusions (which would make it ORANGE standing alone), but the combination of Art. 21 (quotation/research use, any user, but limited to excerpts = RED) and Art. 25 (full works, personal use, some exclusions = ORANGE) yields ORANGE as the most permissive. However, re-evaluating: Art. 25 excludes reprographic reproduction of full books, computer programs, and construction works. For non-reprographic reproduction (e.g., handwriting, digital copying), full books may still be permitted. This ambiguity makes the classification uncertain. I classify as LIGHT BLUE based on Art. 25's personal use scope for non-reprographic full-work reproduction.

Exceptions considered

Source links

• Official text ↗

Закон України «Про авторське право і суміжні права» № 2811-IX

Relevant update · Effective 2023-01-01

60%

Relevant section: Стаття 41, Стаття 42, Стаття 43, Стаття 44, Стаття 45, Стаття 46, Стаття 47

Dates: Effective 2023-01-01 · Enacted 2022-12-01

Why this score

A completely new Law of Ukraine 'On Copyright and Related Rights' No. 2811-IX was adopted on 01.12.2022 and entered into force on 01.01.2023 (with some provisions having later effective dates). This law replaced the previous Law No. 3792-XII entirely. The new law was adopted to harmonize Ukrainian copyright law with EU directives as part of Ukraine's European integration commitments. Key research-relevant exceptions in the new law include: Art. 41 – free use of works with attribution (quotations for scientific, research, polemic, critical, informational purposes; use for illustration in teaching and scientific research); Art. 42 – free reproduction for personal (private) non-commercial purposes by a natural person; Art. 43 – free reprographic reproduction by libraries, archives, educational and research institutions; Art. 44 – use of orphan works by cultural heritage institutions; Art. 45 – use for educational and scientific research purposes; Art. 46 – text and data mining (TDM) exception; Art. 47 – TDM for scientific research purposes. The new law introduces specific TDM exceptions (Arts. 46-47), which is a significant development. Art. 47 permits TDM for scientific research by research organizations and cultural heritage institutions that have lawful access to works. Art. 46 provides a general TDM exception. These provisions transpose EU DSM Directive (2019/790) Articles 3 and 4. Art. 42 continues the personal use exception for reproduction of full works by natural persons. The TDM exceptions (Arts. 46-47) cover reproduction and extraction but their scope regarding communication/sharing needs verification. Art. 42 (personal use) remains LIGHT BLUE. Art. 47 (TDM for research) is limited to research organizations and cultural heritage institutions (PURPLE for user restriction). Art. 41 (quotations for research) remains limited to excerpts (RED). The most permissive exception for general research use remains Art. 42 (personal use, full works, natural persons only = LIGHT BLUE).

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗

Закон України «Про авторське право і суміжні права» № 2811-IX

Current law confirmation · Effective 2023-01-01

60%

Relevant section: Стаття 41, Стаття 42, Стаття 43, Стаття 45, Стаття 46, Стаття 47

Dates: Effective 2023-01-01 · Enacted 2022-12-01

Why this score

As of 2025, the law in force is Law No. 2811-IX of 01.12.2022, which entered into force on 01.01.2023. The research-relevant exceptions are: (1) Art. 41 – free use with attribution, including quotations for scientific/research purposes (RED – limited to excerpts); (2) Art. 42 – free reproduction for personal (private) non-commercial use by natural persons (LIGHT BLUE – full works, individuals only, reproduction only, some work exclusions); (3) Art. 43 – reprographic reproduction by libraries, archives, educational and research institutions (PURPLE – institutional only); (4) Art. 45 – use for educational and scientific research illustration (PURPLE – institutional/educational context); (5) Art. 46 – general TDM exception permitting reproduction and extraction (BLUE – any user, any work, reproduction only, subject to opt-out for non-research); (6) Art. 47 – TDM for scientific research by research organizations and cultural heritage institutions (PURPLE – institutional only, no opt-out). Evaluating the most permissive exception: Art. 46 (general TDM) permits reproduction and extraction for TDM by any lawful-access user for any work. This is BLUE (reproduction of full works, any user, any work, but no communication/sharing). Art. 42 (personal use) permits reproduction of full works by natural persons for private non-commercial use. This is LIGHT BLUE (full works, individuals only, reproduction only). BLUE is more permissive than LIGHT BLUE in the hierarchy. Therefore, the correct classification should be BLUE based on Art. 46. However, Art. 46 is subject to a rights-holder opt-out (for non-research TDM under Art. 4 DSM Directive transposition), which means it is not unconditionally available. For research TDM specifically, Art. 47 applies without opt-out but is limited to institutions (PURPLE). For a general individual researcher doing TDM, Art. 46 applies (BLUE, subject to opt-out). For a general individual researcher doing non-TDM research, Art. 42 applies (LIGHT BLUE). The opt-out mechanism is a classification-neutral factor (similar to a proportionality qualifier – it defines how the exception operates, not whether full works or all users are covered). Therefore Art. 46 is BLUE. Since BLUE > LIGHT BLUE, the overall classification is BLUE. CORRECTION: Revising to BLUE based on Art. 46 as the most permissive exception.

Exceptions considered

Source links

• Official text 1 ↗
• Official text 2 ↗
• Official text 3 ↗