- Title I General Provisions
- Title II Copyright
- 5 Scope of Copyright
- 6 Works Protected by Copyright (Subject Matter of Copyright)
- 7Subject Matter of Copyright. Parts of Works, Derivative Works and Composite Works
- 8 Works and Similar Results of Human Activity not Protected by Copyright
- 9 Authorship of Works. Presumption of Authorship
- 10 Works of Joint Authorship
- 11 Copyright of Compilers of Collections and Other Composite Works
- 12 Copyright of Translators and Other Authors of Derivative Works
- 13 Copyright in Audiovisual Works
- 14 Copyright in Service-Related Works
- 15 Moral Rights
- 16 Economic Rights
- 17 Right of Access to Works of Fine Art. Resale Royalty
- 18 Reproduction of Works for Personal Purposes Without the Author’s Consent and Without Payment of Remuneration
- 19 Use of a Work Without the Author’s Consent and Without Payment of Remuneration
- 20 Use of Works by Reprographic Reproduction
- 21 Free Use of Works Permanently Located in a Public Place
- 22 Free Public Performance
- 23 Free Reproduction for Judicial and Administrative Purposes
- 24 Free Ephemeral Recording by a Broadcasting Organization
- 25 Free Reproduction of Computer Programs and Databases. Decompilation of Computer Programs
- 26 Reproduction of a Work for Personal Purposes Without the Consent of the Author, but Subject to Payment of Remuneration
- 27 Term of Copyright
- 28 Public Domain
- 29 Transfer of Copyright by Succession
- 30 Assignment or Licensing of Economic Rights. Authors’ Contracts
- 31 Conditions Governing Authors’ Contracts
- 32 Form of Authors’ Contracts
- 33 Commission Contracts
- Title III Related Rights
- 34 Scope of Related Rights
- 35 Subject Matter of Related Rights
- 36 Persons Enjoying Related Rights
- 37 Rights of Performers
- 38 Rights of Phonogram Producers
- 39 Use of a Published Phonogram for Commercial Purposes Without the Consent of the Phonogram Producer and the Performer
- 40 Rights of Broadcasting Organizations
- 41 Rights of Cable Distribution Organizations
- 42 Limits of the Rights of Performers, Phonogram Producers and Broadcasting or Cable Distribution Organizations
- 43 Term of Related Rights
- Title IV Collective Administration of Economic Rights
- 44 Objectives of the Collective Administration of Economic Rights
- 45 Organizations for the Collective Administration of Economic Rights
- 46 Functions and Obligations of Organizations for the Collective Administration of Economic Rights
- 47 Verification of the Activities Conducted by Organizations for the Collective Administration of Economic Rights
- Title V Sanctions for Copyright and Related Rights
- Title VI Final Provisions
Law on Copyright and Related Rights*
(of January 14, 1998)
TABLE OF CONTENTS**
Article
Subject of the Law
1. This Law governs the relations arising from the creation and use of scientific, literary and artistic works (copyright) and of phonograms, performances and the programs of broadcasting or cable distribution organizations (related rights).
Legislation of the Kyrgyz Republic on Copyright and Related Rights and International Treaties
2.—(1) The legislation of the Kyrgyz Republic on copyright and related rights consists of this Law, which forms part of the Civil Code of the Kyrgyz Republic, and other legislative texts of the Kyrgyz Republic enacted pursuant to this Law.
(2) Where an international treaty to which the Kyrgyz Republic is party contains rules that differ from those set out in this Law, the provisions of the international treaty shall be applicable.
State Regulation of Protection for Copyright and Related Rights
3.—(1) State regulation of protection for copyright and related rights shall be carried out by the State Agency of Intellectual Property of the Kyrgyz Republic (hereinafter referred to as “Kyrgyzpatent”).
(2) Kyrgyzpatent, the body responsible for State administration of the legal relationships arising from copyright and related rights, shall contribute to creating legal conditions inducive to the development of creativity in the fields of science, literature and art, shall enable authors and holders of related rights to assert their prerogatives, including the right to take legal action, to conclude contracts for the use of copyright and shall be responsible for collecting and distributing remuneration to authors
The principal tasks, functions and powers of Kyrgyzpatent shall be laid down by this Law and by other legislative instruments of the Kyrgyz Republic.
An ordinance concerning Kyrgyzpatent shall be adopted by the Government of the Kyrgyz Republic.
(3) To contribute to the development of culture in the Kyrgyz Republic and to promote the creative activities of authors, there shall be set up a State Fund for Intellectual Property. An ordinance concerning the State Fund for Intellectual Property shall be adopted by Kyrgyzpatent.
Basic Concepts
4. For the purposes of this Law, the terms given below shall have the meanings specified:
“audiovisual work” means a work consisting of a fixed series of interconnected images (with or without sound accompaniment) which is intended to be made visible and (where the images are accompanied by sound) audible with the aid of appropriate technical equipment; audiovisual works include cinematographic works and all works expressed by means comparable to cinematography (television films, video films, fixed projections, slide shows and the like), regardless of the manner in which they are initially or subsequently fixed;
“author” means the natural person whose creative effort has brought about the creation of a work;
“broadcasting” means the communication to the public of works, phonograms, performances, or programs of broadcasting or cable distribution organizations (including broadcasts of the presentation or performance) by means of transmission by radio or television (with the exception of cable television); where works, phonograms, performances or programs of broadcasting or cable distribution organizations are relayed by satellite, broadcasting means the act whereby the satellite receives signals from the ground station and retransmits those signals in such a way that works, phonograms, performances or programs of broadcasting or cable distribution organizations may be communicated to the public, independently of their actual reception by that public;
Subject of the Law 1
Legislation of the Kyrgyz Republic on Copyright and
State Regulation of Protection for Copyright and
Scope of Copyright 5
Works Protected by Copyright (Subject Matter of
Subject Matter of Copyright. Parts of Works,
Works and Similar Results of Human Activity not
Copyright of Compilers of Collections and Other
Copyright of Translators and Other Authors of
Reproduction of Works for Personal Purposes Without
the Author’s Consent and Without Payment of
Use of a Work Without the Author’s Consent and
Free Use of Works Permanently Located in a Public
Free Reproduction for Judicial and Administrative
Free Ephemeral Recording by a Broadcasting
Free Reproduction of Computer Programs and
Reproduction of a Work for Personal Purposes
Without the Consent of the Author, but Subject to
Assignment or Licensing of Economic Rights.
Scope of Related Rights 34
Use of a Published Phonogram for Commercial Purposes Without the Consent of the Phonogram Producer and the Performer .......................................... 39 Rights of Broadcasting Organizations........................... 40 Rights of Cable Distribution Organizations .................. 41 Limits of the Rights of Performers, Phonogram Producers and Broadcasting or Cable Distribution Organizations ................................................................ 42 Term of Related Rights ................................................. 43 Title IV: Collective Administration of Economic Rights Objectives of the Collective Administration of Economic Rights........................................................... 44 Organizations for the Collective Administration of Economic Rights........................................................... 45 Functions and Obligations of Organizations for the Collective Administration of Economic Rights............. 46 Verification of the Activities Conducted by Organizations for the Collective Administration of Economic Rights........................................................... 47 Title V: Sanctions for Copyright and Related Rights Infringement of Copyright and Related Rights ............. 48 Civil and Other Sanctions for Copyright and Related Rights............................................................................ 49 Precautionary Measures ................................................ 50 Title VI: Final Provision Entry into Force of this Law ......................................... 51 Title I General Provisions