If you want to get an ad professional talking, just bring up the issue of defending intellectual property.
Most of them will grumble that copyright isn't adequately defended under Ukrainian law – but they'll add in the same breath that the law itself isn't to blame.
'The law on copyright and related rights is quite recent, and it meets world standards,' said Ihor Gaidai, director of the Gaidai photo studio. 'It was written in 1994 by professionals in the field, without interference by outsiders or the strong influence of interest groups.'
But having a good law doesn't necessarily mean people will abide by it.
'There is a striking difference between the letter of the law and its application in real-life situations,' said Aleksey Shtramilo, art director at the ad agency Stone Garden. 'For example, the law fails to clear up controversial issues stemming from the relationship between a copyright holder and a client.' Talk to a lawyer, however, and you'll get another opinion.
'Current Ukrainian legislation is sufficient to adequately prevent infringements of intellectual property rights,' said Oleg Drozdovych, lawyer and patent and trademark attorney. 'Many people slip into the mistake of squeezing the regulation of intellectual property issues into one particular law. Thus, the solution to a legal problem does not boil down to one [law].'
According to Drozdovych, there are a few common reasons why intellectual property rights are violated in the ad industry. First, not every ad agency puts enough time and money into claiming its rights to intellectual property.
Second, their lawyers might not be familiar enough with the field. Third, agencies may not register copyright on a work promptly, allowing a competitor or client to register the work as their own. Fourth, copyright infringements can occur with the collusion of corrupt officials.
'The biggest challenge lies in changing the mentality of Ukrainians,' Gaidai said. 'People tend not to perceive copyright infringements as a serious theft.'
Ad agencies have learned the hard way that when participating in a tender, they can be vulnerable to intellectual property theft. But precautions can be taken.
'The organizer of the tender can be taken to task if the competition guidelines spell out the regulation of intellectual property rights,' said Drozdovych.
'The ad agency should sign a contract with the advertiser before it participates in the tender,' he added.
In short, if an ad agency wants to protect its brainchild, it has to invest some money in legal defenses.
'Ad agencies should include the cost of defending intellectual property rights in their ad budgets,' said Drozdovych. 'Advertisers should pay for it, because it's in their interest to hold the exclusive rights to an original idea. Ad agencies tend to be stingy with their ad dollars when it comes to the proper defense of their intellectual property rights.'
The Coalition for Intellectual Property Rights (CIPR) represents a select group of international companies concerned with the protection and enforcement of intellectual property rights in the NIS. For more info, call Myron Wasylyk at 464-1240.
To read the law on copyrights and related issues, visit the Web site http://www.a-pravo.kiev.ua.
Industry News
In mid-March, the newly formed agency Media Expert began its operations in Kyiv. Tatiana Popova heads the agency specializing in media service.
'My work at Bates Saatchi & Saatchi – coupled with my professional experience at Initiative Media – has prepared me to open my own ad agency,' Popova said.
Olena Nikolayenko can be reached at [email protected].
