- CHAPTER ONE GENERAL PROVISIONS
- CHAPTER TWO Authorship and protected works
- CHAPTER THREE TERM OF COPYRIGHT
- CHAPTER FOUR PARTICULARITIES OF CERTAIN WORKS
- CHAPTER FIVE PROTECTION OF RELATED RIGHTS
- CHAPTER SIX EXPLOITATION OF COPYRIGHTED WORKS
- CHAPTER SEVEN COPYRIGHT PROTECTION ORGANIZATION
- CHAPTER EIGHT PROTECTION OF COPYRIGHT, LIABILITY FOR COPYRIGHT INFRINGEMENT
LAW OF MONGOLIA
ON COPYRIGHT AND RELATED RIGHTS
(Revised text)
January 19, 2006
Ulaanbaatar city
(Turiin medeelel #7, 2006)
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1.1. The purpose of this law shall be to regulate matters related to the ownership, exploitation, administration and protection of works subject to the protection by copyright and related rights.
Article 2. Legislation on copyright
2.1. The legislation on copyright and related rights shall consist of the Constitution of Mongolia1, Civil Code2, this law and other legislative acts adopted in conformity with these laws.
2.2. If an international treaty to which Mongolia is a party to, provides otherwise than this law, then the provisions of the international treaty shall prevail.
Article 3. Definitions of terms of the law
3.1. The following terms used in this law shall be interpreted as follows:
3.1.1. “Author” means an individual who has created a work as a result of his/her creative activity;
3.1.2. “Rightholder” means an individual or a legal entity who holds an exclusive right to exploit the work in respect of the literary and artistic works;
3.1.3. “Performer” means an individual who performs literary and artistic works, as well as expressions of folklore for the purposes of circus, stage, screen and artistic performances through acts such as singing, playing, acting, dancing and declaiming.
3.1.4. “Expression of folklore” means a work of traditional literature and arts which is communicated by any means from one generation to another and the author of wjicj is unknown;
1 Constitution of Mongolia – Published in “State Bulletin” Issue No 1, 1992.
2 Civil Code – Published in “State Bulletin” Issue No 7, 2002.
3.1.5. “Backing track" means the recording of the sounds of a performance, or of a representation of sounds, other than in the form of recording incorporated in a cinematographic or other audiovisual work;
3.1.6. “Reproduction of a work” means making one or more copies of the copyrighted work, part of the work directly or indirectly by any means and methods;
3.1.7. “Publication” means making works subject to copyright and related rights available to the public with the consent of the rightholder, provided that the copies are offered to the public in a quantity sufficient to meet the public needs;
3.1.8. “Distribution” means distribution of works subject to copyright and related rights to the public in a way that the consumer has access to the work by wire and wireless means at the place and time chosen by him/her;
3.1.9. “Derivative work” means a work that has been changed, adapted, translated, converted, summarized, compiled or modified in other form through creative activity and based on the pre-existing work;
3.1.10. “Work of applied art” means an artistic work for household use, produced by industrial or handicraft methods;
3.1.11. “Work subject to related rights” means performance, first recording of audio and video, audiovisual recordings and broadcasts;
3.1.12. “Producer of a backing track” means an individual or a legal entity, who or which takes the initiative and has the responsibility for the first recording of the sounds of a performance or other sounds, or the representations of sounds;
3.1.13. “Audiovisual work" means a work that can present images along with sounds using equipment regardless of its tangible form.
3.1.14. “Rights management information” means information on the work, author, right holder and terms of use of the work contained in the work or marked to distribute the work to the public and the numeric or codified expression of such information.
CHAPTER TWO
Authorship and protected works
Article 4. Copyright holder
4.1. The following person shall hold the copyright under this law:
4.1.1. citizens of Mongolia, foreign nationals and stateless persons permanently residing in Mongolia, who have created work regardless of whether their works were published or not;
4.1.2. foreign nationals whose work has been first published in Mongolia;
4.1.3. authors who placed their sculptures, architectural works and/or works of fine arts being component of buildings permanently placed in the territory of Mongolia;
4.1.4. legal persons who are entitled to copyright under the legislation on copyright;
4.1.5. citizens and legal persons of other countries which are parties to international treaties of Mongolia.
4.2. A work of a foreign citizen shall be considered as having been first published in Mongolia if it was published within 30 days from the date when it was first published in any other country.
4.3. Persons provided in the law shall be entitled to copyright in case of works which were published under a pseudonym or anonymously.
Article 5. Co-authorship
5.1. Co-authors mean two or more persons who produced a work by their joint creative efforts for a common purpose.
5.2. Copyright in a joint work shall vest in the co-author jointly unless agreed otherwise in the agreement.
Article 6. Works subject to copyright (Subject matter)
6.1. Any scientific, literary or artistic works involving creative activity of authors shall be considered as works subject to copyright irrespective of their content, purpose, value, importance and methods of expression.
6.2. Works subject to copyright shall be expressed in written, verbal, graphic and other tangible forms regardless of whether they were published or not.
Article 7. Works to be protected by copyright
7.1. The following works shall be protected by copyright:
7.1.1. all types of scientific and literary works whether in verbal or written form, including computer programs;
7.1.2. all types of musical works whether with or without lyrics;
7.1.3. all types of works of fine art;
7.1.4. works of decorative, applied and theatrical arts;
7.1.5. works of architecture and sculptures;
7.1.6. all types of choreographic works, works of contortionists and pantomime;
7.1.7. all types of plays and musical works created for the stage art;
7.1.8. all types of photographic works and works created by methods similar to photography;
7.1.9. audiovisual works;
7.1.10. derivative works;
7.1.11. glossaries, references, compilations and databases that are considered to be intellectual works by its structure and contents and have been created through creative activities such as selection and placement of materials;
7.1.12. derivative works based on the works of folklore.
Article 8. Works not to be protected by copyright
8.1. The following works shall not be protected by copyright:
8.1.1. texts of laws and other legal acts;
8.1.2. administrative decisions and official documents of legal entities and organizations;
8.1.3. court decisions, resolutions, judge’s decrees, other documents and speeches delivered during court hearings;
8.1.4. translation of documents specified in Subsections 8.1.1-8.1.3 of this law;
8.1.5. coats of arms, banners, flags, awards, orders and medals;
8.1.6. any news or information with facts and figures for the purpose of reporting the current events and results thereof;
8.1.7. works of folklore and national traditions;
8.1.8. any ideas, methods, procedures, scientific discoveries and mathematical concepts.
CHAPTER THREE
TERM OF COPYRIGHT
Article 9. Establishment and certification of copyright
9.1. Copyright in scientific, literary and artistic works shall start from the actual creation of the work.
9.2. No certification is required for establishment and enjoyment of copyright.
9.3. The owner of the exclusive rights may use the copyright protection notice for the purposes of information.
9.4. In the absence of documents proving the authorship, the author whose name is indicated on the original work or copies thereof shall be considered as the author.
9.5. The author may register his work or the agreement related to the transfer of his exclusive rights in the work with the government organization in charge of intellectual property matters (hereinafter to be referred to as “Intellectual Property Office”) on the voluntary basis.
9.6. The copyright notice specified in Section 9.3 of this law may be expressed as follows:
9.6.1. Latin letter C in a circle;
9.6.2. The name of the owner of the exclusive rights;
9.6.3. The year of first publication.
Article 10. Rights of authors
10.1. The author shall have intangible and exclusive rights in respect of his work.
Article 11. Intangible rights of authors
11.1. An author is entitled to the following intangible rights in respect of his work:
11.1.1. To publish his work under his real name, a pseudonym or anonymously;
11.1.2. It shall be prohibited to alter or disclose an author’s pseudonym without his/her consent;
11.1.3. To require his/her name to be mentioned whenever his/her work is published or exploited;
11.1.4. It shall be prohibited to modify, alter or change a work or its title in any manner or form without the author’s consent.
Article 12. Exclusive rights