Theory and practice of intellectual property
№ 4 / 2025

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

DOI: https://doi.org/10.33731/42025.346569

Submitted     2025-09-17
Accepted      2025-10-08
Published      2025-12-15

Terms of protection of copyright and related rights in accordance with the EU legislation

Valentyna Trotska
Ph.D. (Law), Head of the sector of the Disposal of copyright and related rights of the Copyright and Related Rights Department of the Intellectual Property Scientific Research Institute of the National Academy of Legal Sciences of Ukraine
Ukraine
https://orcid.org/0000-0002-7579-1877

Abstract
The article examines the current state and main trends in the unification and extension of protection periods under EU law. The author analyses the norms of EU Directives, adopted in 1993, 2006, and 2011, identifies the purposes set when they were adopted, and assesses the achievement of those purposes.

The aim of the EU Directives, adopted in 1993 and 2006, was to establish a high level of protection for the construction of the internal market; to develop an economy based on the use of copyright and related rights objects; and to increase the volume of the cross-border distribution of objects. These factors required legal certainty regarding the establishment of a uniform term of protection. Unlike these Directives, the Directive, adopted in 2011, had a specific focus: promoting the development of the EU music industry, in particular through the extension of the term of protection. The factors that led to the need to adopt this EU Directive were: the need to develop the music industry in the EU as one of the sectors of the economy; the unstable financial, social, and legal situation of performers; and the growth in cross-border distribution of objects.

The author concludes that the adoption of the Directives had a significant impact on the development of copyright and related rights legislation in EU Member States. However, not all legal issues have been resolved. The author provides examples of such aspects.

Along with an analysis of EU Directive norms, the author cites data from studies, assessing the impact of extending the term of protection on the development in the music sector. Based on the data from these studies, the author concludes that most of the tasks have been solved positively. At the same time, he draws attention to problematic issues that require further resolution.

The article substantiates the close connection between the extension of the term of protection and the accompanying measures, introduced in the 2011 Directive, such as the improvement of contractual relations, the formation of funds, and the system of remuneration for performers. It is expected that the combination of the extended term and the introduction of the accompanying measures will create the conditions for strengthening protection, in particular by increasing the financial stability for both phonogram producers and performers.

Keywords: copyright, related rights, term protection extension, European Union law

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