Law on Copyright and Related Rights*
(of January 14, 1998)
TABLE OF CONTENTS**
Article
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 |
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;
“broadcasting by a broadcasting or cable distribution organization” means a broadcast created by the broadcasting or cable distribution organization itself or, on its instructions and with its funds, by another organization;
“communicate” means to show, perform or broadcast or engage in any other act (except for the distribution of copies of a work or phonogram) whereby the works, phonograms, performances or programs of broadcasting or cable distribution organizations are made audible or visible, whether or not they are actually perceived by the public;
“communicate to the public by cable” means to communicate works, phonograms, performances or programs of broadcasting or cable distribution organizations to the public by cable, wire, optic fiber or comparable means;
“computer program” means the whole body of instructions and rules, expressed as words, numbers, codes, symbols, signs or in any other form, designed to make a computer or other data processing machine operate to produce a specific result;
“copy of a phonogram” means a duplicate of a phonogram, on whatever physical medium, made directly or indirectly from the phonogram and incorporating all or some of the sounds recorded thereon;
“copy of a work” means a duplicate of a work, regardless of the material form in which it is made;
“database” means an objective form for the representation and organization of a body of data (relating to articles, accounts, etc.) so systematized as to be susceptible of retrieval and processing with a computer;
“derivative work” means the result of intellectual creativity based on another work (translation, adaptation, stage adaptation, transformation, etc.);
“disclosure of a work” means the act performed with the author’s consent which first makes a work accessible to the public by publication, public presentation, public performance, broadcasting or other means;
“entertainment producer or director” means the person who carries out the direction of a stage, circus, puppet, variety or other performance;
“holder of copyright and(or) related rights” means either the author or the performer, where the economic rights belong to him;
or the natural or legal person to whom the economic rights have been assigned;
or a natural person other than the author or performer, or a legal person, where the economic rights belonged to him from the beginning;
“infringing copies” means copies of a work or a phonogram the manufacture or distribution of which infringes copyright or related rights and also copies of works or phonograms protected in the Kyrgyz Republic under this Law and which are imported into the Kyrgyz Republic without the consent of the holder of copyright or related rights, from States in which those works or phonograms have never been protected or have ceased to be protected;
“performance” means the presentation of works, phonograms, interpretations or renditions by means of acting or playing, recitation, singing or dancing, either live or with technical aids (broadcasting, cable television and the like) or by the showing of the images of an audiovisual work (with or without sound accompaniment) in their normal sequence;
“performer” means an actor, singer, musician, dancer or any other person who performs, sings, plays on a musical instrument or in any other way presents a literary or artistic work (including a variety turn, circus act or puppet show), and also the producer or director of a show and the conductor of an orchestra;
“phonogram” means any exclusively sound recording of performances or of other sounds that may be perceived and reproduced on any physical medium whatsoever;
“phonogram producer” means the natural or legal person that has taken the initiative of the first recording of the sounds of a performance or of other sounds and the responsibility therefor, whereby such person shall materially produce the phonogram or shall commission and pay for its production; in the absence of proof to the contrary, the natural or legal person named in the customary manner on the phonogram or on its sleeve shall be considered the producer of the phonogram;
“presentation of a work” means the fact of showing the original or a copy of a work, either direct or on a screen with the aid of a film, photographic slides, television pictures or other technical means or the fact of showing the individual images of an audiovisual work without concern for their sequence;
“producer of an audiovisual work” means a natural or legal person who has taken the initiative of the production of a work and the responsibility therefor whereby such person shall either materially produce the work or commission and pay for its production; in the absence of proof to the contrary, the natural or legal person named in the customary manner on a work shall be considered the producer of an audiovisual work;
“publication” means the putting into circulation of copies of a work or phonogram with the consent of the author of the work or producer of the phonogram to meet the needs of the public. This term also means the making available of a work or phonogram by means of electronic information systems;
“public presentation, public performance or communication to the public” means any presentation, performance or communication of works, phonograms, performances, other productions or broadcasts of broadcasting or cable distribution organizations, either direct or with technical means, in a public place or a place in which a large number of persons not belonging to the usual family circle are present, irrespective of whether the works, phonograms, performances, other productions or broadcasts by broadcasting or cable distribution organizations are perceived at the place of the communication or in another place at the same time as the communication;
“rebroadcasting” means the broadcasting of works, phonograms, performances or programs of broadcasting or cable distribution organizations that have already been broadcast;
“recording” means the fixing, with technical aids, of sounds or images or both in a material form that permits them to be repeatedly perceived, reproduced or communicated;
“rental” means making a copy of a work or phonogram temporarily available for direct or indirect commercial profit;
“reproduction of a phonogram” means the making of one or more copies of a phonogram or part of a phonogram on any physical medium;
“reproduction of a work” means the making of one or more copies of a work or of a part of a work in any form, including the form of a sound or visual recording, or the making of one or more three-dimensional copies of a two-dimensional work, or one or more two-dimensional copies of a three-dimensional work; the storage of a work in a computer memory also constitutes reproduction;
“reprographic reproduction” means the facsimile reproduction in one or more copies, regardless of the dimensions and form thereof, of originals or copies of written or other graphic works by means of photocopying or with the aid of technical means other than those of publishing; reprographic reproduction shall not include the storage or reproduction of such copies in electronic (including digitized) or optical form or in any other machine-readable form;
“retransmission” means the simultaneous broadcasting (by cable) by a broadcasting organization of programs produced by another broadcasting organization;
“users of copyright or related rights” means book publishers, newspaper and magazine publishers, radio, television and cable distribution studios, theaters, concert halls, cinemas, video libraries, shops selling recorded audio and video cassettes and optical disks, artistic groups of whatever form, as also natural persons and users of computer programs; “work of applied art” means a work of art in two or three dimensions applied to objects intended for practical use, whether craft works or works produced in an industrial process.
Scope of Copyright
5.—(1) Pursuant to this Law, copyright shall extend
Works Protected by Copyright (Subject Matter of Copyright)
6.—(1) Copyright shall extend to scientific, literary and artistic works that are the product of creative work, regardless of their purpose, merit or manner of expression.
(2) Works shall be expressed in an objective oral, written or other form enabling them to be perceived.
A work expressed in a written form or fixed by any other means on a physical medium (manuscript, typewritten text, musical score, recording made with the aid of technical means, including sound or visual recording, fixation of an image in two or three dimensions, etc.) shall be deemed to exist in an objective form whether or not it has been made accessible to other persons.
An oral or other work not fixed on a physical medium shall be deemed to exist in an objective form if it has been made perceivable to other persons (public recitation, public performance, etc.).
(3) Disclosed works and undisclosed works shall enjoy the same copyright protection.
Subject Matter of Copyright. Parts of Works,
Derivative Works and Composite Works
7.—(1) The following shall be protected by copyright:
— other works meeting the criteria set out in Article 6 of this Law.
(2) The parts of a work, the titles of works and derivative works meeting the criteria set out in Article 6 of this Law shall enjoy copyright protection.
Derivative works shall be those works which constitute the transformation of other works (translations, adaptations, annotations, analyses, summaries, reviews, stage adaptations, musical arrangements and other transformations of scientific, literary or artistic works).
Composite works shall be collections (encyclopedias, anthologies) and other composite works which by reason of the selection or arrangement of their contents constitute the result of a creative effort.
(3) Derivative works and composite works shall enjoy copyright whether or not the works on which they are based or which they themselves include enjoy copyright.
Works and Similar Results of Human Activity not Protected by Copyright
8. The following shall not enjoy copyright:
— official documents (laws, decrees, decisions, etc.) and official translations thereof;
— official emblems and signs (flags, armorial bearings, decorations, monetary signs,
etc.);
— works of folklore;
Authorship of Works. Presumption of Authorship
9.—(1) The author of a work is the natural person whose creative effort has led to the creation of the work.
In the absence of proof to the contrary, the person named as the author when the work is first published shall be deemed the author of the work.
(2) Where a published work is anonymous or pseudonymous (unless the author’s pseudonym leaves his identity in no doubt), the publisher named on the work shall be presumed, in the absence of proof to the contrary, to represent the author and shall be empowered to defend and exercise the author’s rights. This provision shall remain in force until such time as the author of the work reveals his identity and claims authorship of the work.
Works of Joint Authorship
10.—(1) The copyright in a work that is the product of the joint creative efforts of two or more persons shall belong jointly to the joint authors, regardless of whether the work constitutes an indivisible whole or is composed of parts, each with a relevance of its own.
A part of a work shall be deemed to have a relevance of its own if it can be used independently of the other parts of the same work.
Unless otherwise agreed between the joint authors, each author may use as he sees fit that part of the work with a relevance of its own that he has created.
(2) Relations between joint authors shall, as a rule, be the subject of a contract. Failing such contract, copyright in the work shall be exercised jointly by all joint authors and the corresponding remuneration shall be divided between them in equal shares.
If the work of the joint authors constitutes an indivisible whole, none of them shall be entitled to prohibit the use of the work without valid reason.
Copyright of Compilers of Collections and
Other Composite Works
11.—(1) The author of a collection or any other composite work (compiler) shall enjoy copyright in the selection or arrangement of subject matter that he has made insofar as such selection or arrangement is the result of a creative effort (compilation).
The compiler shall enjoy copyright subject to respect for the rights of the authors of each work included in the composite work.
The copyright of the compiler shall not prejudice the rights of the authors of the works included in the composite work.
The authors of the works included in the composite work shall be entitled to exploit their own works independently of the composite work, unless otherwise stipulated in the authors’ contract.
Notwithstanding the copyright of the compiler, any other person may make an independent selection or arrangement of the same subject matter for the purposes of creating his own composite work.
(2) The exclusive right to use encyclopedias, encyclopedic dictionaries, collections of scientific works—published in either one or more installments—newspapers, reviews and other periodical publications shall belong to the editor of such publications. The editor shall be entitled to mention his name or to require such mention whenever those publications are used.
The authors of the works included in such publications shall retain the exclusive right to use their works independently of the publication of the whole work, unless otherwise agreed by contract.
Copyright of Translators and Other Authors of Derivative Works
12.—(1) Translators and other authors of derivative works shall enjoy copyright in the translations, adaptations, arrangements or any other transformations made by them.
The translator or other author of a derivative work shall enjoy copyright in the work created by him, subject to the rights of the author of the work that has been translated, adapted, arranged or otherwise transformed.
(2) Notwithstanding the copyright of the translator or other author of a derivative work, other persons may make their own translations or transformations of the same work.
Copyright in Audiovisual Works
13.—(1) The following shall be recognized as authors of an audiovisual work:
— the author of the scenario (script writer);
— the author of the musical work (with or without words) that has been specially created for that audiovisual work (composer);
Copyright in Service-Related Works
14.—(1) The moral rights in a work created in the performance of an assignment expressly given by the employer (service-related work) shall belong to the author of such work.
Moral Rights
15.—(1) An author shall enjoy the following moral rights in relation to his work:
— right of authorship: the right to have his authorship of the work recognized;
Economic Rights
16.—(1) The author shall enjoy the exclusive right to use his works in any form and by any means.
(2) The author’s exclusive right to use his work shall be construed to mean the right to perform, authorize or prohibit the following acts:
The exclusive rights of the author in the use of a project for a design work, an architectural work, a work of urban planning or a work of park or garden design shall extend also to the practical realization of the project. Unless otherwise provided by contract, the author of an accepted architectural project shall have the right to require that the party commissioning the work allow him to take part in the realization of his project at the stage of the production of the documentary material relating to the construction or at the stage of the actual construction of the building or other structure.
Right of Access to Works of Fine Art. Resale Royalty
17.—(1) The author of a work of fine art shall have the right to require of the owner of such work that he allow him to exercise the right of reproduction of his work (right of access). However, the owner of the work may not be required to deliver the work to the author to that end.
(2) The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to a third party shall constitute the first sale of such work.
For each public resale of a work of fine art (sale by auction or at an art gallery or exhibition, in a shop, etc.) effected subsequent to the first assignment of ownership of such work, the seller shall pay the author or his heirs remuneration representing five per cent of the resale price (resale royalty). This right shall be inalienable and transferable only to the author’s legal heirs or those designated in the author’s will throughout the duration of the copyright.
Reproduction of Works for Personal Purposes Without the
Author’s Consent and Without Payment of Remuneration
18.—(1) The reproduction in one single copy of a lawfully disclosed work for exclusively personal purposes shall be authorized without need for the author’s consent or payment of remuneration, except in the cases provided for in Article 26 of this Law.
(2) The provisions of paragraph (1) of this Article shall not apply
— to the reproduction of books (in whole) and of musical scores.
Use of a Work Without the Author’s Consent and
Without Payment of Remuneration
19.—(1) The following shall be authorized without the author’s consent and without payment of remuneration, provided that the name of the author whose work is used and the source of the borrowing are mentioned:
(2) The export abroad by a natural person of a copy of a work for exclusively personal purposes, with the exception of works whose export may prejudice the national interests of the Republic and of which a list shall be drawn up in accordance with the prescribed procedures, shall be authorized without the author’s consent or that of any other copyright holder and without payment of remuneration.
Use of Works by Reprographic Reproduction
20. It shall be permissible, without the author’s consent and without payment of remuneration, provided that the name of the author whose work is used and the source of the borrowing are mentioned, to make a reprographic reproduction in one copy and without gainful intent
Free Use of Works Permanently Located in a Public Place
21. The reproduction, broadcasting or communication to the public by cable of architectural works, photographic works and works of fine art permanently located in a public place shall be permissible without the author’s consent and without the payment of remuneration, except where the presentation of the work constitutes the main feature of such reproduction, broadcast or communication to the public by cable, or if it is used for commercial purposes.
Free Public Performance
22. The public performance of musical works in the course of official or religious ceremonies and at funerals shall be permissible without the author’s consent and without payment of remuneration, to the extent justified by the nature of such ceremonies.
Free Reproduction for Judicial and Administrative Purposes
23. The reproduction of works for the purposes of judicial or administrative proceedings, to the extent justified by such purposes, shall be permissible without the author’s consent and without payment of remuneration.
Free Ephemeral Recording by a Broadcasting Organization
24. A broadcasting organization may, without the author’s consent and without payment of additional remuneration, make an ephemeral recording of a work for which it has obtained the right of broadcasting, on condition that such organization makes the recording with its own equipment and for the purposes of its own broadcasts. The broadcasting organization shall be required to destroy such recording within six months after it has been made, except where a longer period has been agreed with the author of the recorded work. The recording may be preserved in official archives without the author’s consent if it is of a purely documentary nature.
Free Reproduction of Computer Programs and Databases.
Decompilation of Computer Programs
25.—(1) Any person lawfully in possession of a copy of a computer program or database may, without permission from the author or any other holder of the exclusive right to use the work and without paying any additional remuneration,
(2) Any person lawfully in possession of a copy of a computer program may, without permission from the author or any other holder of exclusive rights, and without paying any additional remuneration, reproduce or convert the object code making it into a source code (decompile the program) or have such acts performed by other parties, if they are essential to ensure the interactive capabilities of a computer program independently created by that person with other programs compatible with the program so decompiled, in which case the following conditions have to be fulfilled or observed:
(3) The application of the provisions of this Article must neither unjustifiably affect the normal use of the computer program or database or, without valid grounds, prejudice the legitimate interests of the author or any other holder of exclusive rights in the computer program or database.
Reproduction of a Work for Personal Purposes Without the Consent of the Author, but Subject to Payment of Remuneration
26.—(1) Notwithstanding the provisions of Articles 16, 37 and 38 of this Law, the reproduction of an audiovisual work or sound recording of a work for exclusively personal purposes shall be permissible without the consent of the author of the work, performer or phonogram producer, but subject to payment of remuneration to them.
(2) The remuneration for the reproduction referred to in paragraph (1) of this Article shall be paid by the manufacturers or importers of the equipment (sound recording equipment, video cassette recorders, etc.) and of the recording material (tape and cassettes for sound or video recording, optical discs, compacts discs, etc.) used for the reproduction.
The collection and distribution of the remuneration shall be effected by one of the organizations for the collective administration of the economic rights of authors, phonogram producers and performers under an agreement concluded with such organizations (Article 45 of this Law). Except where otherwise provided in such agreement, the remuneration shall be distributed as follows: 40 per cent to authors, 30 per cent to performers and 30 per cent to phonogram producers.
The amount of the remuneration and the manner of its payment shall be determined by agreement between the aforementioned manufacturers and importers on the one hand and the organizations for the collective administration of the economic rights of authors, phonogram producers and performers on the other hand or, if the parties fail to agree, by Kyrgyzpatent.
(3) No remuneration shall be paid for the recording equipment and material referred to in the first subparagraph of paragraph (2) of this Article if they are exported or they constitute professional equipment and material not intended to be used for home recording.
Term of Copyright
27.—(1) Copyright shall have effect throughout the lifetime of the author and for 50 years after his death; this term shall be calculated as from January 1 of the year following that of death.
Public Domain
28.—(1) On expiry of the term of copyright in a work, the work shall fall into the public domain.
Works that have never enjoyed protection on the territory of the Kyrgyz Republic shall also be deemed to have fallen into the public domain.
Transfer of Copyright by Succession
29. Copyright shall be transferable by succession.
The moral right prerogatives referred to in Article 15 of this Law shall not be transferable by succession. The heirs of the author may assert those prerogatives without limitation in time.
Where the author has no heirs, the prerogatives concerned shall be asserted by Kyrgyzpatent.
Assignment or Licensing of Economic Rights.
Authors’ Contracts
30.—(1) The assignment or licensing of economic rights referred to in Article 16 of this Law shall be effected by means of an author’s contract, except as provided in Articles 18 to 26 of this Law.
Economic rights may be the subject of an author’s contract for the assignment of exclusive rights or an author’s contract for the licensing of non-exclusive rights.
Conditions Governing Authors’ Contracts
31.—(1) The author’s contract shall specify
4. such other conditions as the parties may consider essential for a given contract.
If the author’s contract does not specify the term for which the right is assigned or licensed, the author may terminate it on expiry of five years as from its conclusion, subject to advance notice of six months.
The author may terminate an author’s contract concluded for a long period on expiry of 10 years as from its conclusion, subject to advance notice of six months given to the user in writing. This faculty shall be available to the author every 10 years.
If the author’s contract does not specify the territory for which the rights are assigned or licensed, the rights under the contract shall have effect only on the territory of the Kyrgyz Republic.
The minimum rates for the author’s remuneration shall be set by the Government of the Kyrgyz Republic. The minimum amounts of author’s remuneration shall be indexed at the same time as the amounts of the minimum wage.
Where, in the author’s contract for publication or any other form of reproduction of a work, remuneration is calculated as a lump sum, the contract shall specify the maximum print run of the work.
Form of Authors’ Contracts
32.—(1) The author’s contract shall be in written form. If it relates to the use of a work in the periodical press, it may be concluded by word of mouth.
Kyrgyzpatent shall draw up model authors’ contracts.
Commission Contracts
33.—(1) The moral rights in a work created on a commission shall belong to the author.
Scope of Related Rights
34.—(1) The rights of performers shall be recognized in accordance with this Law if
(2) The rights of phonogram producers shall be protected under this Law if
Subject Matter of Related Rights
35. Theatrical productions, performances, phonograms and broadcasts of broadcasting or cable distribution organizations, irrespective of their intention, content or value or of their means and mode of expression shall be the subject matter of related rights.
Persons Enjoying Related Rights
36.—(1) Performers, phonogram producers and broadcasting or cable distribution organizations shall enjoy related rights.
Rights of Performers
37.—(1) Except as provided by this Law, performers shall be granted the following moral and economic rights in their performances:
— the right to be named;
(2) The exclusive right to use a performance means the right to carry out, authorize or prohibit the following acts:
(3) The exclusive right of the performer under item 3 of paragraph (2) of this Article shall not apply if
— the initial recording of the performance was made with the consent of the performer;
Rights of Phonogram Producers
38.—(1) Except as provided by this Law, a phonogram producer shall enjoy the exclusive right to use his phonogram in any form, including the right to remuneration for each such form of use.
(2) The exclusive right to use a phonogram means the right to carry out or authorize the following acts:
4. importing of copies of the phonogram for the purposes of distribution, including copies made with the authorization of the phonogram producer.
Use of a Published Phonogram for Commercial Purposes Without the Consent of the Phonogram Producer and the Performer
39.—(1) Notwithstanding Articles 37 and 38 of this Law, the following shall be authorized without the consent of the producer of a phonogram published for commercial purposes and of the performer whose performance is recorded on the phonogram, but against payment of remuneration:
Rights of Broadcasting Organizations
40.—(1) Except as provided by this Law, a broadcasting organization shall enjoy the exclusive right in relation to its program to use it in any form and to grant authorization to use it, including the right to remuneration for such authorization.
(2) The exclusive right to authorize use of a program shall mean the right of the broadcasting organization to authorize
5. communication of the program to the public in places where a charge is made for admission.
(3) The exclusive right of the broadcasting organization referred to in item 4 of paragraph (2) of this Article shall not extend to cases where
— the program has been recorded with the consent of the broadcasting organization;
— the program is reproduced for the same purposes as those for which it was recorded under Article 42 of this Law.
Rights of Cable Distribution Organizations
41.—(1) Except as provided in this Law, a cable distribution organization shall enjoy the exclusive right, in relation to its program, to use it in any form and to grant authorization to use it, including the right to remuneration for such authorization.
(2) The exclusive right to authorize use of the program shall mean the right of the cable and distribution organization to authorize
(3) The exclusive right of the cable distribution organization referred to in item 4 of paragraph (2) of this Article shall not extend to cases where
Limits of the Rights of Performers, Phonogram Producers and
Broadcasting or Cable Distribution Organizations
42.—(1) Notwithstanding Articles 37 to 41 of this Law, it shall be permissible, without consent from the performer, the phonogram producer and the broadcasting or cable distribution organization, and without payment of remuneration, to use a performance or a broadcast or cabled program or a recording thereof, and to reproduce phonograms
(4) The application of the limitations provided for in this Article shall not prejudice either the normal use of a phonogram, performance or program broadcast or transmitted by cable, or recordings thereof, or the normal use of literary, scientific or artistic works incorporated therein, and shall likewise not prejudice either the legitimate interests of the performer, the phonogram producer or the broadcasting or cable distribution organization or those of the authors of the works concerned.
Term of Related Rights
43.—(1) The rights of performers under this Title shall have effect for 50 years as from the first performance.
The performer’s right to be named and to have the performance protected against any distortion or other derogatory act, laid down in Article 37 of this Law, shall be protected without limitation in time.
Objectives of the Collective Administration of Economic Rights
44.—(1) Organizations for the collective administration of the economic rights of authors, performers, phonogram producers and other holders of copyright or related rights may be set up for the exercise of the economic rights of such persons in cases where the individual exercise of the rights is hampered by difficulties of a practical nature.
Such organizations shall be set up directly by the holders of copyright or related rights and shall operate within the limits of the mandate entrusted to them and on the basis of statutes adopted according to a procedure laid down by this Law. The provisions in the statutes of an organization for the collective administration of economic rights shall satisfy the requirements of this Law. Registration of an organization for the collective administration of economic rights may be refused if the conditions laid down by this Law and by the legislation establishing the conditions for registering associations are not complied with.
(2) It shall be possible to set up either separate organizations for differing rights and differing categories of holders or organizations administering various rights on behalf of various categories of holders or an organization administering both the rights of authors and related rights.
Organizations for the Collective Administration of Economic Rights
45.—(1) The mandate for the collective administration of economic rights shall be entrusted either direct, by the holders of copyright or related rights, by means of written contracts or by the fact of their membership in such organization, or under appropriate contracts with foreign organizations that administer equivalent rights. Such contracts shall not constitute authors’ contracts and the provisions of Articles 30 to 33 of this Law shall not apply.
Any author or his heir or any other holder of copyright or related rights protected under Title III of this Law may by contract entrust the exercise of his economic rights to a collective administration organization and the latter shall agree to exercise those rights on a collective basis if the administration of the category of rights in question forms part of its statutory activity.
Collective administration organizations shall not be entitled to engage in any commercial activity nor to engage in the use of the works and the subject matter of related rights for which they have received a collective administration mandate.
(2) The organization for the collective management of economic rights shall conclude with users a licensing contract for the use of works and of the subject matter of related rights by appropriate means. The conditions under which such licenses are granted shall be identical for all users in a given category. The organization shall not be entitled to refuse to conclude a licensing contract with a user without valid reason.
The licensing contracts shall authorize the use, by means that they specify, of all the works and subject matter of related rights on behalf of all the holders of copyright or related rights, including those who have not mandated the organization under paragraph (1) of this Article.
All users who have concluded a licensing contract shall be required to have it registered officially in accordance with the prescribed procedures; they shall then receive an official registration certificate drawn up in due form by Kyrgyzpatent.
The organization that concludes a licensing contract shall settle problems arising from the claims made by holders of copyright or related rights in connection with the use under license of their works or of the subject matter of related rights within the framework of the licensing contract.
(3) If an organization for the collective management of economic rights has remuneration in its possession that has not been claimed during the three years following the date of its collection, it may retain the remuneration and either include it in the sums that it distributes or assign it to other purposes of interest to the holders of copyright or related rights that it represents.
Functions and Obligations of Organizations for the Collective
Administration of Economic Rights
46.—(1) An organization for the collective administration of economic rights shall, on behalf of the holders of copyright or related rights that it represents and on the basis of the mandates entrusted to it, perform the following functions:
(2) An organization for the collective administration of economic rights shall, in the interests of the holders of copyright and related rights that it represents, discharge the following obligations:
(3) Holders of copyright or related rights who have not mandated the organization for the collective administration of economic rights to collect remuneration in accordance with item 4 of paragraph (1) of this Article shall be entitled to require the organization to pay them the remuneration accruing to them or to exclude their works or subject matter of related rights from the licenses that it grants to users.
Verification of the Activities Conducted by Organizations for the Collective Administration of Economic Rights
47.—(1) All organizations for the collective administration of economic rights shall be required to furnish information to Kyrgyzpatent, to enable it to verify their activities, with respect to
1. any amendment made to its statutes or other constituent instrument;
5. the persons empowered to represent the organization.
Infringement of Copyright and Related Rights
48. Infringement of the copyright and related rights provided for by this Law shall be liable to civil, criminal and administrative sanctions under the legislation of the Kyrgyz Republic.
Civil and Other Sanctions for Copyright and Related Rights
49.—(1) Copyright and related rights shall be enforced by the courts, that may order
The choice between the measures referred to in items 4, 5 and 6 of this paragraph shall belong to the holder of copyright or related rights.
Precautionary Measures
50.—(1) The court or arbitration tribunal may decide to prohibit the defendant, or the person that they have sufficient reason to suspect of infringing copyright or related rights, from performing certain acts (manufacture, reproduction, sale, rental, importing or other use under this Law, and also transport, storage or holding with a view to the placing on the market of allegedly infringing copies of works or phonograms).
(2) The court or arbitration tribunal may order seizure, either descriptive or actual, of allegedly infringing copies of works or phonograms and also of the materials and equipment intended for their manufacture.
Where sufficient evidence has been gathered to prove infringement of copyright or related rights, the body responsible for the enquiry or examination or the court shall be required to take precautionary measures in the form of the location and descriptive seizure of allegedly infringing copies of works or phonograms, the materials and equipment intended for their manufacture and also any documents capable of proving that acts contrary to the provisions of this Law have been committed, including where appropriate in the form of actual seizure and delivery to a custodian.
Entry into Force of this Law
51.—(1) This Law shall enter into force on the day of its publication.
* Official Russian title: Закон об авторском праве и смежных правах. Entry into force: January 23, 1998. Source: Communication from the Kyrgyz authorities. Note: Translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.
* This sign, not reproduced here, corresponds to a capital P in a circle (Editor’s note).