- Title I. GENERAL PROVISIONS
- Title II. COPYRIGHT
- Article 5. Scope of Copyright
- Article 6. Works Protected by Copyright (subject matter of copyright).
- Article 7. Types of Objects of Copyright. Parts of Work, Derivative and Composite Works
- Article 8. Works and the Results of Activity Similar to them that Are not Objects of Copyright
- Article 9. Author of a Work. Presumption of Authorship.
- Article 10. Joint Authorship
- Article 11. Copyright of Compilers of Collections and Other Composite Works
- Article 12. Copyright of Translators and Other Authors of Derived Works
- Article 13. Copyright to Audiovisual Work
- Article 14. Copyright in a Service-Related Work.
- Article 15. Moral Rights
- Article 16. Economic Rights
- Article 17. Right of Access to Works of Fine Arts. Right of Succession
- Article 18. Reproduction of Works for Personal Purposes without the Author’s Consent and Payment of Author’s Remuneration
- Article 19. Use of a Work without Consent of the Author and Payment of Author’s Remuneration
- Article 20. Use of Works by Reprographic Reproduction
- Article 21. Free Use of Works Permanently Located in a Public Place
- Article 22. Free Public Performance
- Article 23. Free Reproduction for Judicial and Administrative Purposes
- Article 24. Free Ephemeral Recording by a Broadcasting Organization
- Article 25. Free Reproduction of Computer Software and Databases. Decompilation of Computer Programs
- Article 26. Reproduction of the Work for Personal Purposes without Author’s Consent but Subject to Payment of Author’s Remuneration
- Article 27. Term of Copyright
- Article 28. Public Domain
- Article 29. Transfer of Copyright by Succession
- Article 30. Assignment of Economic Rights. Author’s Contracts.
- Article 31. Conditions of the Author’s Agreement
- Article 32. The Form of the Author’s Contract
- Article 33. The Author’s Order Contract
- Title III. RELATED RIGHTS
- Article 34. Scope of Related Rights
- Article 35. Objects of Related Rights
- Article 36. Subjects of Related Rights
- Article 37. Rights of the Performer
- Article 38. Rights of the Phonogram Producer
- Article 39. Use of a Phonogram Published for Commercial Purposes without Consent of the Producer of Phonogram and the Performer
- Article 40. Rights of Broadcasting Organizations
- Article 41. Rights of Cable Distribution Organization
- Article 42. Limits of the Rights of the Performer, the Phonogram Producer, the Broadcasting or Cable Distribution Organization
- Article 43. Term of Related Rights
- Article 44. Objectives of Collective Administration of Economic Rights
- Article 45. Organizations for the Collective Administration of Economic Rights
- Article 46. Functions and Obligations of the Organizations for Collective Administration of Economic Rights
- Article 47. Control over the Activities of Organizations for Collective Administration of Economic Rights
- Title V. PROTECTION OF COPYRIGHT AND RELATED RIGHTS
- Title VI. FINAL PROVISIONS
LAW OF THE KYRGYZ REPUBLIC "ON COPYRIGHT AND RELATED RIGHTS"
Bishkek January 14, 1998 # 6
LAW OF THE KYRGYZ REPUBLIC On Copyright and Related Rights (as amended on November 6, 1999 by Law # 120 of the Kyrgyz Republic)
Title I. General provisions Title II. Copyright Title III. Related rights Title IV. Collective management of economic rights Title V. Protection of copyright and related rights Title VI. Final provisions
Title I. GENERAL PROVISIONS
Article 1. Subject of the Law
This Law shall regulate relations arising from creation and exploitation of scientific, literary and artistic works (copyright), phonograms, performances, stage productions, and the programs of television and radio broadcasting and cable distribution organizations (related rights).
Article 2. Legislation of the Kyrgyz Republic on Copyright and Related Rights
1. The legislation of the Kyrgyz Republic on copyright and related rights consists of this Law, which forms a part of the civil legislation of the Kyrgyz Republic, other normative legal acts of the Kyrgyz Republic that are enacted pursuant to this Law.
2. Where an international agreement to which the Kyrgyz Republic is party contains rules different from those set forth in the present Law, the rules of the international agreement shall be applicable.
Article 3. State Regulation in the Area of Protecting Copyright and Related Rights
1. State regulation in the field of protection of copyright and related rights is implemented by the State Intellectual Property Agency under the Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent).
2. Kyrgyzpatent is the body that implements state management in the field of copyright and related rights, promotes establishment of legal conditions for the development of creative work in the field of science, literature and art, realization of authors’ and owners of related rights authorities, including the right to appeal to the court, conclude an agreement on the use of copyright as well as collection and payment of authors’ royalties.
The main tasks, functions and authorities of Kyrgyzpatent shall be specified by the present Law and other normative acts of the Kyrgyz Republic.
The Regulation on Kyrgyzpatent shall be approved by the Government of the Kyrgyz Republic.
3. In order to develop the culture of the Kyrgyz Republic and promote creative activities of the authors, the State Intellectual Property Fund shall be established. Regulation on the State Intellectual Property Fund shall be approved by Kyrgyzpatent.
Article 4. Basic Concepts
For the purposes of this Law the following terms shall have the meanings specified:
“author” means a natural person, whose creative effort has brought about the creation of a work; “audiovisual work” is 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 via appropriate technical equipment; audio-visual works include cinematographic works and all works expressed by means comparable to cinematography (TV and video films, fixed projections slide shows, and the like), regardless of the manner in which they are initially or subsequently fixed “database” means an objective form for the representation and organization of a body of data (relating to articles, accounts and etc.), so systematized so as to be susceptible of retrieval and processing with a computer; “reproduction of a work” means making of one or more copies of the work or 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 shall also constitute reproduction; “reproduction of a phonogram” means the making of one or more copies of a phonogram or part of a phonogram on any physical medium; “recording” means the fixing, with technical aids, of sounds and/or images in any material form that permits them to be repeatedly perceived, reproduced or communicated; “producer of an audiovisual work” means the natural person or legal entity that has taken the initiative and responsibility for the production of the audio-visual work; in the absence of proof to the contrary, the natural person or legal entity named in the customary manner on an audiovisual work shall be considered the producer of that work; “performance” means presentation of works, phonograms, interpretations or renditions by means of acting, recitation, singing or dancing either live or with technical aids (broadcasting, cable television or the like); or by the showing of the pictures an audiovisual work (with or without sound accompaniment) in their normal sequence; “performer” means the actor, singer, musician, dancer or any other person who performs sings, plays on a musical instrument or in any other way a literary or artistic work (including a variety turn, circus act or puppet show), as well as the producer or director of a play and the orchestra conductor; “counterfeit copies” mean copies of a work or of a phonogram, production and distribution of which shall entail infringement of copyright and related rights as well as copies of the works and phonograms protected in the Kyrgyz Republic in compliance with this Law, which are imported without the consent of copyright and related right holders of the Kyrgyz Republic from the countries in which these works and phonograms have never been protected or ceased to be protected; “the owner of copyright and (or) related rights” means the author or performer, in the cases when the author or performer is endowed with economic rights; natural person or legal entity to whom the economic rights were assigned; natural person other than the author or performer, or a legal entity, in the cases when the economic rights were initially assigned to such a natural person or legal entity; “disclosure of a work” means the act performed with the author’s consent which first makes the work accessible to the public by publication, public presentation, public performance, broadcasting or another means; “publication” means the putting into circulation of copies of the work or phonogram with the consent of the author of such work or phonogram producer and in sufficient quantity to meet the reasonable needs of the public. Publication is also understood as providing access to a work, phonogram, via electronic information systems; “broadcasting” means the communication to the public of works, phonograms, performances or programs of broadcasting or cable distribution organizations (including broadcasts of the presentation and 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, and programs of broadcasting or cable distribution organizations may be communicated to the public, independently of their actual reception of the said public; “broadcasting by a broadcasting or cable distribution organization” means the broadcast created by the broadcasting or cable distribution organization itself, or, on its instructions and with its funds, by another organization; “presentation of a work” means the fact of showing the original or a copy of the work either direct or on a screen with the aid of film, photographic slides, a television pictures or other technical means, and the fact of showing the individual images of an audiovisual work without concern for their order; “users of copyright and/or related rights” means publishing houses, editorial offices of newspapers and magazines, TV and radio studios, cable studios, theaters, concert-spectacle organizations, cinemas, video salons, trade places dealing with sale of audio and video cassettes and laser discs with records, creative collectives regardless of the form of property, as well as natural persons and users of the computer software; “re-broadcasting” means the broadcasting of works, phonograms, performances, or programs of broadcasting or cable distribution organizations that have already been broadcast; “computer program” means a complex of instructions or rules expressed in words, numbers, codes, symbols, signs or any other form designated for the operation of computers and other computer devices to achieve a certain purpose or result; “work of applied art” means a work of art in two or three dimensions applied to objects intended for practical use, craft works or works produced in an industrial process; “producer of a phonogram” means a natural person or a legal entity that has assumed the initiative and responsibility for the first sound recording of performance or other sounds, where such a person must produce it physically or order it and pay for the production; unless proved otherwise, the natural person or legal entity whose name is indicated on a phonogram and (or) its case in the usual manner shall be recognized a producer of a phonogram; “derivative work” means a product of intellectual creation, based on another work (translation, adaptation, dramatization, alteration, etc.); “public demonstration, public performance or communication to the public” means any presentation, performance or communication of works, phonograms, performances, and other production or broadcasts of broadcasting, and cable distribution organizations either directly or with technical aids, 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; “show producer or director” means the person w ho carries out the direction of a stage, circus, puppet, variety or any other performance; “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 other technical aid, different from publishing; reprographic reproduction shall not include the storage or reproduction of the said copies in electronic (including digitized) or optical form, or in any other machine-readable form; “re-broadcasting” means simultaneous transmission of programs (by cable) of one broadcasting organization, exercised by another broadcasting organization; “rental” means making a copy of a work or phonogram temporarily available for direct or indirect commercial profit; “communicate” means to show, perform, broadcast or engage in any other act (except for distribution of copies of the work or phonogram), whereby 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; “phonogram” means any exclusive sound recording of performances or other sounds, which may be perceived or reproduced on any other material medium; “copy of a work” means an exemplar of the work, regardless of the material form in which it is made; “copy of a phonogram” means the duplicate of a phonogram, on whatever material medium, made directly or indirectly from a phonogram, which includes all or a part of the sounds recorded thereon. (as amended by Law # 120 from November 6, 1999)
Title II. COPYRIGHT
Article 5. Scope of Copyright
1. By virtue of this Law, copyright extends:
to works, either disclosed or undisclosed, existing in an objective form in the territory of the Kyrgyz Republic, regardless of the nationality of the authors and successors in title; to works, either disclosed or undisclosed, existing in an objective form beyond the borders the Kyrgyz Republic, in respect of which it is accorded to authors who are nationals of the Kyrgyz Republic and successors in title; to works either disclosed or undisclosed , but existing in any objective form beyond the borders of the Kyrgyz Republic, in respect of which it is accorded under international treaties to which the Kyrgyz Republic is a party, to authors (and their successors in title) who are nationals of other states.
2. A work shall also be considered published in the Kyrgyz Republic if within 30 days following the date of its first publication outside the territory of the Kyrgyz Republic it is published on the said territory.
3. Where protection is granted to a work in the territory of the Kyrgyz Republic under the international treaties to which the Kyrgyz Republic is party, the authorship of the work shall be determined by the legislation of the State in the territory of which the legal act occurred that gave rise to ownership of copyright.
Article 6. Works Protected by Copyright (subject matter of copyright).
1. The copyright extends to works of science, literature and art that are the result of creative activity, irrespective of the purpose, the merit as well as the manner of expression thereof.
2. The work must be expressed in verbal, written or other objective form allowing the possibility of its perception.
The work in written form or otherwise expressed on a material medium (manuscript, typewritten text, musical score, recording with the aid of technical devices, including audio or video recording, fixation of image in dimensional or three dimensional form, etc.) shall be considered to have an objective form irrespective of its availability to the third parties.
Oral or other work not expressed in a material medium shall be considered to have an objective form if it became available to the third parties for perception (public recitation, public performance, etc.).
3. The copyright shall extend both to disclosed and undisclosed works.
4. Ideas, methods, processes, systems, means, concepts, principles, discoveries and facts may not be protected by copyright.
5. For a copyright to occur no registration of work or observation of any other formalities shall be required.
Article 7. Types of Objects of Copyright. Parts of Work, Derivative and Composite Works
1. The following shall be referred to the objects of copyright:
literary works (literary - artistic, scientific, educational, publicist etc.); dramatic and scenario works; musical works with text and without it; music-dramatic works; choreographic and mimed works; audiovisual works (cinematographic, television and video films, slide shows and other cinematographic, television and video production), radio works;