NFTs and copyright: how to protect a digital work in Ukraine?

Ukraine has no special legislation on NFTs, yet general copyright and civil law apply in full – often with unexpected consequences for creators and buyers. Attorney Vitalii Petryk explains what actually protects a digital creator and what remains in a legal grey zone.

Key points

• Buying an NFT does not mean acquiring copyright in the work: the buyer receives rights to the token, not to the digital content.
• Copyright in digital art, music and code arises automatically upon creation (Article 11 of the Law on Copyright and Related Rights).
• Unauthorised minting of someone else work infringes copyright and may entail criminal liability (Article 176 of the Criminal Code).
• Registration of authorship is not mandatory but greatly simplifies proving rights in a dispute.
• When signing a smart contract, check exactly which rights pass to the buyer.

What buying an NFT means legally

Buying an NFT is not the same as buying copyright in the work, and this key point is often ignored. The buyer acquires ownership of a unique token on the blockchain, but copyright stays with the creator unless the sale contract or the smart contract expressly provides for its transfer.

In practice this means that if you bought an NFT artwork, you cannot lawfully reproduce, publish or commercially exploit it without the author permission, even if you paid a substantial sum for the token.

Which works are protected by copyright in the NFT context

The Law of Ukraine on Copyright and Related Rights protects all forms of original creative expression, including:

• digital art, illustrations and generative art;
• photographs and photomontages;
• music and audio tracks;
• videos and animation;
• software code;
• three-dimensional models and 3D scenes.

Protection starts automatically upon creation – no registration is required. But registration with the National Intellectual Property Authority makes proving authorship in court considerably easier.

Legal risks for NFT creators

Unauthorised minting (NFT theft). A third party can mint your work without permission and sell it as their own. This infringes copyright regardless of whether the infringer earned anything. Systematic or large-scale infringement gives rise to criminal liability under Article 176 of the Criminal Code.

Loss of rights without your consent. A platform or aggregator may include in its Terms of Service a right to sublicense your works. Read the terms before publishing: the small print can cost you the rights to your own work.

Smart contract terms. In some NFT projects the smart contract automatically transfers certain rights to the buyer. If you are developing or signing a smart contract, make sure the terms match your intention.

How to protect your digital work before and after minting

1. Document the creation process: keep source files, sketches and version history in a version control system.
2. Add metadata: embed the author name, date and contact details in the file (EXIF, XMP or embedded metadata).
3. Register authorship: filing with the National Intellectual Property Authority or notarising the date of creation makes priority easier to prove.
4. Record infringements: screenshots, links and archives via web.archive.org become evidence in a case.
5. Read the platform ToS: check which rights you grant the platform when publishing or selling an NFT.

What to do when you discover an NFT copyright infringement

1. Record the infringement: screenshots, blockchain transaction data, an archived copy of the URL.
2. Send a DMCA notice or an equivalent complaint to the platform hosting the unlawful token.
3. Consult a lawyer to assess the grounds: a civil claim for damages or a criminal complaint where the infringement is systematic.
4. In cross-border infringements a lawyer is essential to determine jurisdiction and the available protection mechanisms.

A prompt response is critical: the later protection begins, the harder it is to stop the spread.

Frequently asked questions

Can an NFT be protected by copyright in Ukraine?

Copyright in the work underlying an NFT is protected automatically under Ukrainian law. The token itself is not an object of copyright, but the work it represents is protected.

Does buying an NFT give the right to use the work commercially?

No, unless expressly provided by a licence agreement or the terms of the particular NFT project. By default copyright stays with the creator.

What if someone minted my work without permission?

Record the infringement, send a DMCA notice to the platform and consult a lawyer. Depending on the scale, a civil claim or a criminal complaint (Article 176) is possible.

Is it worth registering authorship of a digital work?

Registration is not mandatory, but it makes proving the date and fact of creation easier in a court dispute. It is particularly useful where significant investment is involved.

How do I check that a smart contract does not transfer excessive rights?

Consult a lawyer who combines knowledge of copyright and smart contracts. Standard wording can silently transfer exclusive licences or commercial use rights.

Questions about protecting copyright in digital content or NFTs?

Attorney Vitalii Petryk provides legal assistance in IT law, copyright and criminal defence in intellectual property infringement cases.

• Phone: +38 (096) 878-07-36
• Email: info@advokat-petrik.com
• Address: Kyiv, Holosiivskyi Avenue 132, RELE Business Centre

This article is informational and is not legal advice. To assess your specific situation, contact an attorney.