- LAW OF MONGOLIA ON COPYRIGHT
- CHAPTER ONE General Provisions
- CHAPTER TWO Rights of Authors
- CHAPTER THREE Requisition and Unauthorised Use of Work
- Chapter Four Term of Copyright and Succession
- CHAPTER FIVE Related rights for Performers, Producers of audio, video recordings ,Broadcasting organizations
- CHAPTER SIX Miscellaneous
LAW OF MONGOLIA ON COPYRIGHT
CHAPTER ONE
General Provisions
Article 1. Purpose of the law
The purpose of this law shall be to regulate matters relating to the protection of copyright and the use of the subject matter of copyright.
Article 2. Legislation on copyright
1. The legislation on copyright is comprised of the Constitution of Mongolia, this law, and other relevant legislation which is consistent with them.
2. If an international treaty to which Mongolia is a party is inconsistent with this law, then the provisions of the international treaty shall prevail.
Article 3. Subject matter of copyright
1 . The subject matter of copyright shall include the following works irrespective of their content, purpose, form, merit, mode of creation or availability to the public:
1) literary works in the scientific or literary domain whether verbal or written;
2) musical works;
3) graphic works and works of applied art;
4) works of architecture and construction design;
5) choreographic works, works of contortionists and pantomime;
6) dramatic works;
7) cinematographic works and all works expressed by a process analogous to cinematography;
8) photographic works and all works expressed by a process analogous to photography;
9) plans, sketches, designs, and models relative to the scientific and technical domain;
10) computer programmes;
The subject matter of copyright hereinafter shall be referred to as a "work'.
[2. The followings are not protected by copyright;
1/ legislation and other legal documents;
2/ court decision, official documents;
3/ speech made at court and political meetings;
4/ translation of documents referred in (1), (2), (3) of this paragraph;
5/ news
6/ idea, procedures, method of operation, or mathematical concepts.
3. Copyright of works created, amended, performed, compiled based on folklore or cinematographic and phonographic works or similarly created derived works shall be protected by this law.
4. Copyrighted work shall be protected since its creation and the author may register his works or contract of transfer of rights or transaction thereof, if so wishes.]**
Article 4. Authors
1. The creator of a work shall be consideredto be the author of that work.
2. Two or more persons who have made a joint work as a unitary whole and which is inseparable into independent parts shall be considered to be joint authors. Joint authors are entitled to enjoy copyright jointly.
3 . Two or more persons who have made a collective work, in which a number of contributions constitute independent and separate parts in themselves, shall be considered to he collective authors. Collective authors may enjoy copyright jointly or each author may, under an agreement concluded with the other collective authors, independently enjoy copyright in respect of his or her contributionto the collective work.
Article 5. Persons entitled to copyright
1 . The following persons are entitled to enjoy copyright:
1) citizens of Mongolia, foreign citizens or stateless persons having permanent residence in Mongolia and who are authors of a work;
2) foreign citizens whose work has been first made available to the public in Mongolia. A work of a foreign citizen shall be treated as having been first made available to the public in Mongolia if it was made available to the public within 30 days from die date when it was first made available to the public in any other country;
3) authors of graphic works incorporated in sculpture, architecture or in buildings permanently located in the territory of Mongolia; 2. In respect of a work created by an author in the course of his employment, the economic right shall belong, unless provided otherwise in a contract, to the author.]**
Article 6. [Intellectual Property Office]*
[The Intellectual Property Office shall, in accordance with the framework of functions of the Minister of Justice, be the agency responsible for dealing with matters concerning copyright and will carry out the following functions:
1) receiving applications in respect of copyright in works and making determinations on them;
2) granting certificates in respect of works;
3) publishing information relating to works;
4) compiling a unified database of copyrighted works;
5) providing references for the purpose unsettling disputes on copyright matters;
6) taking measures relating to the deposit, protection and use of any work in accordance with negotiations conducted at the request of the author;
7) taking measures for the enforcement of the Copyright Law within the authority conferred upon it;
8) protecting and representing, in Mongolia and abroad, the rights of authors or owners of certain works protected by copyright;
9) keeping a State register of works and negotiations concerning works;
10) determining the design of registration certificates;
11) establishing a value for works related to copyright; inspection service of national legislation on intellectual property.]**
2. The Intellectual Property Office shall be financed from income earned in performing its functions.]*
[3. The Rule of State Inspection service of intellectual property shall be approved by the Government.]**
[Article 6/1 Collective administration
CHAPTER TWO
Rights of Authors
An author shall enjoy non-economic moral rights and exclusive (economic) rights in respect of his or her work.
Article 8. Non-economic moral rights
An author shall enjoy the following non-property personal rights in respect of his or
her work:
Article 9. Exclusive (economic) rights in copyrighted works
1 . An author shall enjoy the following exclusive (economic) rights in respect of his or her copyrighted works: 2. The exclusive rights referred to in paragraph 1 of this article may be transferred but only with the author's consent.
3 . An author has the right to value his or her work and is entitled to remuneration for the use of his or her work.
Article 10. Notice of copyright
The owner of the exclusive rights in copyrighted works may use the symbol being the Latin letter C in a circle, in order to give notice of the existence of copyright in a work which has been made available to the public. The symbol shall be accompanied by the year the work was first made available to the public and by the name of the owner of the exclusive rights in the copyrighted work.
Article ll. Transfer of ownership of exclusive rights in copyrighted works
1. Ownership of the exclusive rights in copyrighted works may be transferred/licensed in whole or in part by way of written agreement.
2. The agreement referred to in paragraph 1 of this article shall contain the:
1 ) manner, form and term of use of the work;
2) rights and obligations of the author;
3) rights and obligations of the umsferee;
4) amount of royalties due for the use of the work and terms of their payment.
Article 12. Owners of material objects
1 . A tangible form in which a work is embodied shall be considered to be a material object. Exercise of the rights of the owner of the material object shall not affect copyright in the work.
2. If a graphic work or work of applied art which has already been sold by the author is auctioned or resold through an agent, then the author shall be entitled to receive a 5 percent royalty from the resale price.
Requisition and Unauthorised Use of Work
Article 13. Requisition of work
1 The State or its competent organisations may, by way of agreement to be concluded with the author, purchase his or her work for immediate public interest. If agreement is not reached, then the State or its competent organisations may requisition the work in question. Article 14. Public communication of works for public benefit
1. In the following cases it shall be permissible to make for the public benefit, without the author's consent and without payment of any remuneration, a public communication of part of a work which has already been made available to die public, provided that mention shall be made of the source and of the name of the
author:
1) use for teaching;
2) use in public arrangements for a non-profit purpose;
3) the public communication by the regular press and broadcasters of speeches delivered at official or public meetings.
2. In the cases referred to in sub-paragraphs 5 and 7 of article 16 of this law, it shall be permissible to make, without the author's consent and without payment of any remuneration, a public communication of a work by a person who has reproduced the work.
Article 7 Rights of authors
CHAPTER THREE