Software development requires years of work, thousands of lines of code, and significant investment. But does this mean the software created is automatically protected by law? And is the mere act of writing code sufficient to effectively protect your rights?

In this article, we’ll explain how copyright protects software in Ukraine, what exactly is protected by law, who owns the rights to the program, and how to properly register them to avoid future disputes.

Does copyright extend to software code?
Yes, in Ukraine, as in most countries, computer programs are protected by copyright, just like literary works. This is provided for by the Law of Ukraine “On Copyright and Related Rights” and confirmed by international agreements, in particular the Berne Convention and the TRIPS Agreement.
The key feature of this type of protection is that it arises automatically, from the moment the program is created in objective form (i.e., when the code is written down, not just an idea in the developer’s head). There’s no need to register the work, affix the © symbol, publish it, or otherwise formally formalize this fact—the right arises automatically.
However, “automatic protection” doesn’t mean “convenient protection.” In practice, when a dispute arises about who the author is, when the work was created, or whether the defendant actually copied your code, it can be difficult to prove without additional evidence. This is why companies still resort to registration and other methods of securing their rights.
It’s important to understand: copyright protects the form in which an idea is expressed, not the idea itself. This fundamental limitation determines what is protected in a software product.
What exactly is being protected: code, interface, algorithm?

Source code.This is the primary object of protection. Source code is considered a literary work, and its unauthorized copying is a direct copyright infringement, similar to plagiarism of a book’s text.

Object code (compiled).It is also protected because it is a derivative form of the same work. The fact that the code has been converted into machine instructions does not deprive it of legal protection.

User interface (UI).The situation is more complex. The specific graphic design of the interface—the arrangement of elements, the design, the visual elements—may be protected by copyright, and some elements may also be protected as industrial designs or trademarks. But the concept itself (“menu on the left, button on the right”) is not protected by copyright—it is a functional solution, not a creative expression.

Algorithm.This is a crucial point, often frustrating for startup founders: the algorithms, methods, mathematical concepts, and ideas underlying a program are not protected by copyright. Only the specific implementation of a method in code is protected, not the logic or idea behind the calculation itself. If a competitor writes their own code implementing the same algorithm in different terms (in a different programming language, with a different structure), this will not formally constitute copyright infringement.

Documentation, code comments, architectural diagrams.They are protected as separate literary or graphic works containing elements of creativity. Technical specifications, user manuals, and system architecture diagrams are all protected by copyright, regardless of the code.

Databases.A dual protection regime applies here. If the database structure (the selection and arrangement of materials) is the result of creative work, it is protected as a compiled work. A separate sui generis right (a special legal regime) exists for databases, protecting investments in the creation of the database—even if there is no creative element in the structure, but significant financial or organizational investment in collecting and systematizing the data. This is especially relevant for CRM systems, catalogs, and customer databases.

How to register software rights in a company?

The automatic emergence of copyright, despite its obvious advantages, has a number of practical features.

Yes, the right arises without registration. But it also automatically and by default belongs to a specific individual—the author/developer—and not to the company that paid for it. For the rights to truly belong to the business, the relationship with everyone involved in the development must be properly formalized.

 Contract with developers.The primary subject of copyright is the author—the individual whose creative work created the computer program. However, when software is created by an employee as part of their job duties, the ownership of copyright is determined by law, the employment contract, and other agreements between the employee and employer.

Full-time developers.If a developer works under an employment contract, the property rights to a work created for hire (i.e., created within the scope of their employment duties) generally transfer to the employer. However, this rule only applies if:

– the employment contract or job description clearly defines that software development is part of the job responsibilities;

– it is advisable to have a separate clause or additional agreement on the transfer of property rights to official works to the company;

– records are kept of which works were created within the framework of labor relations (acceptance and transfer certificates).

Without clear wording in the contract, disputes are possible, especially if an employee leaves and claims rights to part of the code.

Freelancers and contractors.This is a high-risk area. Under a civil contract (for work, provision of services), property rights do not automatically transfer to the client unless expressly stated in the contract. This means that if you commission a freelancer to develop a website or module and fail to specify the transfer of property rights, the contractor technically remains the author and owner of the rights, while you only receive the right to use the product (and even that is not always clearly defined).

Therefore, the contract with the contractor must include:

– a direct provision on the transfer (alienation) of exclusive intellectual property rights to the customer;

– a clear definition of the object – what code exactly, in what version, from what moment it is transferred;

– conditions for the results of the work of the contractor’s subcontractors (so that the chain of rights is not interrupted);

– a policy on confidentiality and prohibition of using the code in other projects.

Copyright registration

Although registration is not a mandatory condition for acquiring rights, it significantly strengthens a company’s position in the event of a dispute. In Ukraine, state registration of copyright for a computer program is possible through the Ukrainian National Office of Intellectual Property and Innovation.

Registration gives:

– official certificate with the date and information about the author and copyright holder;

– a presumption of authorship, which is more difficult to refute in court;

– convenient evidence in case of litigation or negotiations with investors.

The state copyright registration procedure involves submitting an application to the Ukrainian National Office of Intellectual Property and Innovation along with a copy of the computer program, proof of fee payment, and, if necessary, documents confirming ownership of the property rights. After verifying the completeness of the submitted materials, the applicant is issued a certificate of state copyright registration.

Open source and copyright

It’s a mistake to think that open source means there’s no copyright. On the contrary, open source code is still protected by copyright; the author simply voluntarily licenses it to others under certain conditions.

Each license (MIT, GPL, Apache 2.0, BSD, and others) sets its own rules: whether the code can be used in commercial products, whether the author must be credited, and whether the source code of derivative works must be disclosed. For example, copyleft licenses (GPL) require that derivative works also be distributed as open source, and using such code in a closed commercial product without complying with the license terms is a copyright infringement.

Before using any open source library in a commercial product, you should check its license compatibility with your business model and document which components are used in the product and under what licenses. This is especially important during due diligence (comprehensive legal, financial, and commercial due diligence) when raising funds or selling a company.

What to do if software rights are violated

If someone uses your code without permission, the steps are similar to those used to protect any copyright:

Record the evidence base.This could include a comparative analysis of the source code (using cloning algorithms), product screenshots, or decompiled object code. Technical expertise is almost always required in such cases.

Submit a claimPlease specify the specific violations, the basis for your rights (agreements with developers, registration, priority dates), and your demands: termination of use, removal of the product, or compensation.

Please refer to the platforms.If the code is hosted on GitHub, an app marketplace, or a hosting service, you can file a DMCA takedown request (or similar procedure) claiming copyright infringement.

Go to court.If pre-trial settlement fails, you may seek an injunction against further use, compensation for damages, or compensation in the amount established by law.

Bring in the cyber police.In cases of large-scale piracy, breaches of security systems, or industrial espionage, you should contact the cyber police units that investigate crimes in the field of intellectual property and computer information.

Frequently Asked Questions

Is the name of a software product protected by copyright?

No. Titles, short phrases, and slogans generally do not meet the criteria for originality and are not protected by copyright. Trademark registration is required to protect a title.

What if two developers independently wrote the same code?

Copyright protects independent creativity, no matter who created it first. If it can be proven that both developers truly created independently, without copying, each will have their own copyright to their code, and there will be no infringement. The difficulty lies precisely in proving independence.

Is there copyright on the customer database?

Thus, with a creative approach to the structure of the database or significant investments in its formation, the sui generis right (special legal regime) applies to databases, which protects against unauthorized extraction or reuse of a significant part of the database.

How much does it cost to protect software rights in court?

The cost depends on the complexity of the case, the need for an expert analysis (computer-technical for code comparison), attorney’s fees, and court fees. Code analysis is often the most expensive component, as it requires the involvement of specialists to perform a comparative analysis of the source code.

How to protect yourself from code leaks from a fired developer?

The best approach is preventative: include confidentiality provisions (NDA) and transfer of rights to work done for hire in the employment contract, maintain an access log and audit of repository activity, and, upon termination, revoke all access immediately and record the repository’s state at the time of termination. If a leak has already occurred, the steps are similar to the general algorithm: document evidence, file a complaint, and, if necessary, take legal action or contact the cyber police.