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Law of the Kyrgyz Republic No. 14 of January 21 2014, on Amendments to the Law of the Kyrgyz Republic on Copyright and Related Rights

 Law of the Kyrgyz Republic No. 14 of January 21 2014, on Amendments to the Law of the Kyrgyz Republic on Copyright and Related Rights

LAW OF THE KYRGYZ REPUBLIC

Bishkek, January 21 2014 No 14

on Amendments to the Law of The Kyrgyz Republic on Copyright and Related Rights

Article 1.

Introduce to the Law of the Kyrgyz Republic “On Copyright and Related Rights” (Gazette of the Jogorku Kenesh of The Kyrgyz Republic, 1998, No. 3, p 67) following amendments and supplements:

1. ­ In paragraph 23 of Article 4 in state language the words “it can contain the program for the PC and the processing materials which were produced as the result of using it;” shall be

excluded.

2. ­ In Article 7 in state language:

In paragraph 14 of Part 1 the word “of the Codes” shall be replaced by the word “of the ­ Law”; ­

In part 2: ­

­in paragraph 1 the “of the Codes” shall be replaced by the word “of the Law”; ­ ­Paragraphs 2­5 shall be stated as follows: ­

“Derivative works include works representing the processing of other works (translations, ­ adaptations, summaries, abstracts, summaries, reviews, dramatizations, arrangements ­ and other similar works of science, literature and art). ­

To compound works including into collections (encyclopedias, anthologies) and other ­ composite works representing the selection or arrangement of their contents, creative ­ labor.” ­

3. ­ In Article 16:

In Part 2:

­ Paragraph 13 shall be considered as invalid;

­ The Part shall be supplemented as follows:

“The author's exclusive rights to use the design, architectural, urban and garden projects

include the practical implementation of such projects. The author of the accepted

architectural project has the right to demand from the customer the granting of the right to

participate in the implementation of his project in the development of documentation for

construction and in the construction of a building or structure, unless otherwise provided for

in the contract. ";

Paragraphs 3­5 of Part 3 shall be considered as follows.

4. ­ In Article 39 in state language:

In paragraph 1 the word “from Articles” shall be replaced by “of Articles”;

In Part 2 digits “45” shall be replaced by digits “44”.

5. ­ Article 44 shall be supplemented by part 3 with the following content:

“3. Organizations that manage property rights on a collective basis may be created to

manage the following categories of rights:

1) management of exclusive rights to published musical works (with or without text) and

excerpts of musical and dramatic works in relation to their public performance,

broadcast or cable, including through retransmission;

2) ­ the exercise of the rights of composers who are authors of musical works (with or without text) used in an audiovisual work to receive remuneration for the public

performance or the broadcast or cable of such an audiovisual work;

3) ­ management of the resale royalty right with respect to a work of fine art;

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the implementation of the rights of authors, performers, producers of phonograms and audiovisual works

to remuneration for reproduction of phonograms and audiovisual works for personal purposes;

4) ­ implementation of the rights of performers to receive remuneration for the public performance, as well as for broadcasting over the air or by cable of phonograms

published for commercial purposes;

5) ­ implementation of the rights of producers of phonograms to receive remuneration for public performance, as well as for the broadcasting of phonograms published for

commercial purposes on air or by cable. "

6. ­ Part 3 of Article 46 shall be stated as follows:

“3. Prior to the creation of organizations managing the property rights on a collective basis,

Kyrgyzpatent performs the functions and responsibilities of these organizations in

accordance with Clauses 1­6 of Part 3 of Article 44 of this Law. Kyrgyzapatent’s

implementation of the function and duties of organizations managing the property rights on

the collective basis, is conducted in accordance with this section.”

7. ­ In part 3 of Article 51 in state language the words “laws to this Law” shall be replaced by the words “laws this Law”.

A. Atambaev

Article 2.

The Law comes into from the date of official publication. Published in

the “Erkin Too” newspaper January 31, 2014 No. 7

The President of The Kyrgyz

Republic

Passed by the Jogorku Kenesh

Of The Kyrgyz Republic December 18 , 2013

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