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Ігор Вишневський That's Life
1 September 2025, 09:00
2025-09-01
An artist sued Ukrposhta for copyright infringement. We tell you how her painting turned into a stamp that was sold on eBay, and what Ukrposhta itself says about it
Artist Bohdana Chilikina has sued Ukrposhta for copyright infringement. She was surprised to learn that stamps made by Ukrposhta with an image that fully corresponds to her painting «People Are Here» were being sold on eBay. So she hired copyright lawyers and filed a lawsuit against the postal operator on the eve of this article’s publication. According to her, this was preceded by lengthy correspondence with Ukrposhta in an attempt to resolve the situation out of court, but, as the artist says, her proposals for mediation were not accepted.
Artist Bohdana Chilikina has sued Ukrposhta for copyright infringement. She was surprised to learn that stamps made by Ukrposhta with an image that fully corresponds to her painting «People Are Here» were being sold on eBay. So she hired copyright lawyers and filed a lawsuit against the postal operator on the eve of this article’s publication. According to her, this was preceded by lengthy correspondence with Ukrposhta in an attempt to resolve the situation out of court, but, as the artist says, her proposals for mediation were not accepted.
The unusualness of the situation is added by the fact that the stamp depicting Chilikina’s painting was printed by Ukrposhta as part of the «Own Stamp» project, where anyone can become a customer of such products by declaring their copyright to the printed image simply by checking the «tick» box on the order form. Such stamps are usually ordered as a gift, for souvenir products, for sale to collectors, but the postal operator itself does not sell or distribute them. Its only commercial benefit in this is receiving funds for fulfilling the order, that is, printing the stamp, which can be compared to the services of conventional typography.
But to what extent does this approach comply with copyright norms and is there a violation on the part of Ukrposhta? The court will decide this in the near future. However, while the lawsuit has only just been filed, we talked about it with the artist Bohdana Chilikina herself, contacted the legal department of Ukrposhta, and also asked lawyers specializing in intellectual property and copyright issues to give their assessment of the situation. But let’s talk about everything in order.
Artist’s version. «I thought this stamp was printed somewhere on Malaya Arnautska. Until the last moment I couldn’t imagine that it was «Ukrposhta»
Bohdana Chilikina’s painting «People Are Here» is a reference to the inscriptions on houses, gates, and other objects that can still be seen in almost any settlement in Ukraine that survived the occupation. Considering that mass graves remained in a number of such settlements after the occupiers left, and the brutal massacres of civilians were written about from the front pages of almost all the world’s media, this topic, as the artist says, was truly painful for her. In a conversation with dev.ua, Chilikina explained that she has a special attitude towards this painting, and in this case, it is as far from the desire to monetize her work as possible.
«For me, the position regarding this particular painting was fundamental, because I was repeatedly offered to make some T-shirts with this image, use it for posters and some products. But I said that this was wrong. I made an exception only for the poster of the theater that staged a play about Mariupol in the USA. But this was precisely to disseminate information about the tragedy. And in the 7th grade textbook on Ukrainian literature, this image was used, of course, also absolutely free of charge,» Chilikina said.
As the artist says, this work was and is important to her, and before she painted the picture, she cried all day.
«I didn’t want to make money on this topic, there’s a completely different message. I have no desire to hype this at all, but I don’t see any other way out if Ukrposhta is behaving like this,» the artist said in a comment to dev.ua.
It was all the more unpleasant and shocking for Chilikina, according to her, to find out that someone else was making money from her work. Chilikina was informed about the sale of this stamp on eBay by her sister. «My sister sends a message, ‘Did you see that your stamp is being sold on eBay for 20 bucks a piece? They’ve already sold 60 pieces,’» she recalled.it’s about this moment.
Screenshot of Bogdana Chilikina
Judging by the screenshot, the stamp was being sold on eBay by a user with the nickname Seaman from Odessa. She tried to contact a user with a similar nickname on Instagram, but the social network immediately sent her to three letters without any further questions.
Screenshot by Bogdana Chilikina
«The man who printed this stamp and then put it on eBay, as far as I know, had been registered there for a long time and constantly printed some stamps, including with paintings by other artists. My journalist friend found out what these paintings were, sent them to me. That is, he had this practice on a regular basis and he feels very comfortable with it. When I wrote to him what we would do in this situation, he simply sent me,» the artist explained to dev.ua, also sending a corresponding screenshot to confirm her words.
Chilikina suspects that, given the systematic activity of selling Ukrainian postage stamps on eBay, Seaman from Odessa may be somehow connected to Ukrposhta, but, according to her, this is only an assumption. However, it is a strange coincidence that Seaman from Odessa removed these stamps from sale after she began to clarify this issue in correspondence with Ukrposhta.
According to her, Ukrposhta did not go out of its way to provide information about this man, although its representatives had previously promised to do so in correspondence. «But when we sent them an official request, they actually sent me there too, only in a cultural form,» joked Bohdana Chilikina.
As the artist added, she did not believe until the last that this stamp was made by Ukrposhta, hoping that it was someone’s «handicraft» work. «To be honest, I thought that this stamp was printed somewhere on Malaya Arnautska, until the last I could not imagine that it was Ukrposhta. But I immediately wrote to Ukrposhta, I was sure that they would say: «No, we did not print it.» But they wrote: «Yes, this is our work,» she told dev.ua.
This is especially unpleasant for Chilikina in the context that, as she claims, back in 2023, she offered Ukrposhta, absolutely free of charge, to make a full-fledged postage stamp based on her painting «People Are Here,» having legally settled the copyright issue. But she did not receive consent to her proposal at that time.
«When I drew a picture and it went viral on the Internet, I contacted them. They gave me the contact information for their department that deals with stamps. I wrote to them and sent them this picture. That is, we had a dialogue, and I offered this picture for free specifically for the Ukrainian stamp. We gave them full right to do this,» the artist claims.
She added that the last thing she’s thinking about right now is the potential financial gain if she proves herself right in court.
«I don’t want to waste money in court. God forbid that I at least recoup my expenses for all these things, because lawyers’ services cost a lot. I’m even ready to lose, but I just want to show that it shouldn’t be like this. I’m sure that some changes should take place in this particular Ukrposhta project, since they’re promoting it like this. A friend from Poland told me that they also have such a project. But when you bring an image there, they check it. Now it’s very easy to check,» the author of the picture expressed her opinion.
Already in the process of this entire scandalous story, Bohdana Chilikina registered a copyright certificate for the work «People Here» in order to have documentary confirmation of her authorship of the painting.
Ukrposhta’s version: it’s like judging Tesla for being used in an attack on a bank
Ukrposhta has clear tariffs for printing its own stamps, which vary by the number of stamps per sheet and depend on the number of sheets printed (traditionally, the more sheets you print, the cheaper it is).
Screenshot from the Ukrposhta website
The rules under which the service is provided are set out in detail in the procedure for the sale of postal products «Own Stamp» by JSC «Ukrposhta».
This procedure also contains a standard order form, which states «I confirm my responsibility for the provided image in accordance with the legislation of Ukraine, including for violation of copyright or related rights.» It is against this item that the customer puts a «tick», taking the risks of copyright infringement upon himself.
But does this «tick» exempt Ukrposhta from liability if copyright was indeed violated? When Bohdana Chilikina published this story on her Facebook page, Ukrposhta General Director Ihor Smilyanskyi also left comments under her post.
«In the terms of service, we have a clause where the customer writes that he has the rights to the image. It was the same in this case. Can Ukrposhta check all images? This is impossible even with AI. Because we don’t know if someone somewhere used a painting from a private collection, or a photo by some photographer, etc. Therefore, the cost of such expert checks will be in thousands of dollars and then we simply have to close the project,» Smilyansky addressed the author of the post, completely shifting the blame to the customer of the brand as the violator.
The General Director of Ukrposhta stated that the position of the postal operator is clear and understandable, and fully complies with legislation, including international legislation.
«Ukrposhta sells stamps at regulated rates, because they are signs of payment. Therefore, your picture there, or the picture of the girl from Mykolaiv, does not add any additional financial gains to us. In this case, the offender who ordered the stamp received financial benefits, but for some reason you are not prosecuting him. It’s like prosecuting Tesla for using it in an attack on a bank, because Tesla should have checked who it was selling the car to,» Ihor Smilyanskyi gave an allegory.
The CEO of Ukrposhta also explained that the low margin of the project does not allow for the involvement of individual specialists to verify copyrights.
«Do you really think that for this marginality, you can hire a bunch of lawyers to check the rights? Of course, you can stupidly close the project and send everyone away, because we offended some author. We have a bunch of units of the Armed Forces of Ukraine ordering such their own stamps today and raising funds for the unit. Let me check them again, because they also sign that they have the rights to the image,» Smilyansky appeals to the circumstances.
As for the publication of the personal data of the infringer, that is, the customer of the brand, Smilyansky stated that such data can be published only by court decision.
«There is such a thing — it’s called personal data protection. We can’t give it away left and right. There will be a court decision — we will provide it according to the decision,» he noted in the comments.
dev.ua also contacted the management of the legal department of Ukrposhta and will be ready to add their comment to the material as soon as we receive it.
«Your right is proven in court. If you prove it, you will receive compensation according to the court’s decision. If you don’t prove it, then we are right, of which I have no doubt,» Smilyanskyi finally assured.
What independent lawyers say: Ukrposhta may be involved in the dispute as a co-defendant
According to Serhiy Dzis, a partner at Syrota Dzis Melnyk & Partners, the issue of copyright infringement in the process of custom-made postage stamps through Ukrposhta requires a clear demarcation of responsibility between the customer and the operator. The lawyer here appeals to Art. 15 and Art. 50 of the Law of Ukraine «On Copyright and Related Rights», according to which the use of a work without the permission of the copyright holder is a violation of copyright.
«The customer who submits an image for printing a brand confirms that he has the relevant rights, but this very „confirmation with a tick“ does not exempt him from potential civil liability and, if there is intent and significant damage, even criminal liability (Article 176 of the Criminal Code of Ukraine). Obtaining profit from the sale of a brand using someone else’s work qualifies as illegal commercial use of an intellectual property object,» Dzis explained the nuances of the customer’s liability.
As for the postal operator, his responsibility, according to Serhiy Dzis, is more debatable in this case.
«Ukrposhta» formally performs the technical function of printing on the basis of an application, however, Article 52 of the Law «On Copyright and Related Rights» provides for joint and several liability of persons who contributed to the violation. Therefore, the operator may be involved in the dispute as a co-defendant if, firstly, evidence is provided that it was at the postal operator’s facilities that a stamp infringing copyright was created. Secondly, if it is proven that he knew or should have known about the copyright violation,» the lawyer believes.
Syrota Dzis Melnyk & Partners partner adds that proving copyright to a work published on social networks is based on the principle of presumption of authorship (Article 11 of the aforementioned Law), and evidence here can be electronic screenshots, file metadata, fixation of publications through notarization or using time-stamp services.
As for the personal data of the customer of the stamp, as the lawyer is convinced, Ukrposhta cannot disclose them to third parties without a legal basis (the Law «On the Protection of Personal Data»). «The only legal mechanism for requesting them is a court ruling within the framework of considering a claim for copyright protection,» the specialist stated.
As Dzis explained, the case law with claims specifically against postal operators in similar situations in Ukraine is extremely limited, since most claims are filed directly against the customers of the unauthorized use of works. «Actually, practice shows that preventive measures (author’s fixation and timely claim work) are more important than post-facto disputes with the state operator,» he expressed his position.
Olena Sereda, an advisor to the intellectual property practice of ARMADA Law Firm, in turn, believes that the situation with the use of Bohdana Chilikina’s painting «Here Are the People» on Ukrposhta stamps has truly brought the issue of copyright compliance to the forefront.
Olena Sereda reminds that Ukrposhta directly states in the rules of the «Own Stamp» program: «The client is responsible in accordance with current legislation for the ordered image for the production of a stamp sheet, envelope, or postcard under the „Own Stamp“ project.» That is, it is the customer who is obliged to guarantee that he has copyright or appropriate permission to use the work.
According to the lawyer, Ukrposhta can potentially avoid liability. At the same time, she is unequivocally sure that such formal confirmation from the customer does not eliminate the risks of copyright infringement.
«In such a situation, the main responsibility lies with the customer, who used someone else’s image to produce stamps and probably benefited from it. Ukrposhta can avoid responsibility if its role is limited to the technical production of products. At the same time, it is advisable to provide mechanisms for verifying copyrights in order to reduce the risks of violations and avoid potential co-liability,» she says.
According to Olena Sereda, in this situation, in order to protect their rights, the author needs to confirm that they are the creator of the work. «Copyright arises from the moment the work is created, and evidence can be the first publication on Facebook, screenshots, file metadata, as well as a certificate of copyright registration,» emphasizes the advisor of the intellectual property practice of ARMADA Law Firm.
According to Olena Sereda, the key to protection in this case is access to customer data.
«The first step to this is to send a lawyer’s request to Ukrposhta, which owns the customer’s personal data. If such information is not provided, the next step is to file a lawsuit with the court. After the proceedings are opened, the author or her representatives can file a motion to request evidence. This will allow identifying the infringer and filing claims to stop the illegal use of the work and to compensate for damages. You can also file a complaint with eBay, reporting copyright infringement and demanding the cessation of sales of the products,» the lawyer believes.
As she says, judicial practice in Ukraine in such cases is still limited, so the case of Bohdana Chilikina could become a precedent.
Interestingly, the media, including dev.ua, have already written about similar cases. For example, the release of one of the most anticipated patriotic stamps of Ukrposhta — featuring the dog Patron — coincided with a scandal. The author of one of the images of the dog, where he «waters» an enemy shell, at one time publicly spoke out about copyright infringement by the national postal operator.
Small-Scale Art, or Why People Collect Stamps? A Story from an EPAM Analyst Who Became a Philatelist Long Before the Fanatic Demand for Ukrposhta Stamps
The author of the drawing with Patron on the Ukrposhta stamp claimed that her copyright was violated. The company does not recognize this. Now there is a new sketch for the stamp — Smilyansky on the toilet
