Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 1996 No. 6-I

About copyright and the related rights

(as amended on 13-05-2020)

Chapter I. General provisions

Article 1. Regulation subject

This Law governs the relations in the field of intellectual property arising in connection with creation and use of works of science, literature and arts (copyright), statements, execution, soundtracks, transfers of the organizations of on-air and cable broadcasting (related rights).

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the author - physical person which creative activity creates the work of science, literature, art;

2) copyright - personal non-property and property rights of the author;

3) the technical tool of protection of copyright and the related rights - the technical (program and technical) devices or its components controlling access to works or objects of the related rights, preventing or limiting implementation of actions which are not resolved by the author, the owner of the related rights or other owner of exclusive rights concerning works or objects of the related rights;

4) counterfeit copy of object of copyright and (or) the related rights - the copy of the work, the written-down execution, soundtracks, transfers of the organizations of on-air and cable broadcasting, production, distribution or other use of which involves copyright violation and (or) the related rights owing to provisions of this Law, or regulations of the international treaties ratified by the Republic of Kazakhstan. Objects of copyright and (or) the related rights from which without the permission of the owner it is removed or to whom information on management of the rights is changed or which are made by means of illegally the used devices allowing to bypass technical means of protection of copyright and (or) the related rights are also recognized counterfeit;

5) the author's agreement - the agreement which subject is transfer of property rights on use of one or more objects of copyright. The author's agreement is kind of the license agreement;

6) the nonexclusive right - the right when along with the owner other persons can use works, execution, statements, soundtracks, transfers of the organizations of on-air and cable broadcasting, having on that corresponding permission of the author or other owner, except the cases established by this Law;

7) exclusive right - property right of the author and (or) other owner to perform, permit and forbid use of the work and (or) object of the related rights in any manner during fixed term;

8) accreditation - the procedure of official recognition by authorized body of competences of the organizations managing property rights on collective basis in the spheres of collective management established by this Law;

8-1)  No. 419-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.11.2015

9) the database - data set (Articles, calculations, the facts and others), representing on matching and (or) arrangement of the materials result of creative activity systematized so that these data could be found and processed by means of the electronic computer (further - EVM). The concept of the database does not extend to the computer program by means of which electronic access to database materials can be provided;

10) the audiovisual work - the work consisting of the fixed series of the personnel or images connected among themselves (with maintenance or without their sound), intended for visual and acoustical (in case of maintenance by sound) perceptions by means of the corresponding technical devices. Audiovisual works include the pieces of screen and all works expressed by the means similar cinema (TV and videos, filmstrips and slide-films and to that similar works), irrespective of method of their initial or subsequent fixing;

11) the producer of the audiovisual work - the physical person or legal entity which took the lead and responsibility for creation of such work. In the absence of the proof of other the producer of the audiovisual work person is recognized, the name or the name of which is designated on this work;

12) record - the fixing of sounds and (or) images allowing their numerous perception, reproduction or the message by means of technical means in any material form;

13) informing everyone - the message of objects of copyright and (or) the related rights on wires or means of wireless communication in case of which the public can provide access to them from any place and at any time at its own choice (in the interactive mode);

14) publication - the offer to public with the consent of the author or other owner on objects author's or the related rights of copies of the work, record of execution or soundtrack in the quantity satisfying reasonable needs of public;

14-1) Internet resource - the electronic information resource displayed in text, graphical, audiovisual or other type, placed on the hardware and software, having the unique network address and (or) domain name and functioning on the Internet;

15) the message for general data on cable - the message of the work, soundtrack, execution, transfer of the organizations of on-air or cable broadcasting for general data by means of cable, wire, optical fiber or by means of similar means;

16) public performance - performance of works by means of the recitation, games, dance or any otherwise, including by means of technical means, in places where there are present or can be persons who are not family members;

17) public display - display of the original or copy of the work it is direct or in the form of slide, film, teleshot on the screen by means of any other technical tool or any different way (concerning the audiovisual work - display of separate personnel out of their sequence) in places where there are present or can be persons who are not family members;

18) reproduction (reprographic reproduction) - the facsimile reproduction of works by means of any technical means performed not for the purpose of the edition. Reproduction does not include reproduction of the work or storage of its copies in electronic (including digital), optical or other machine-readable form, except creation cases by means of technical means of the temporary copies intended for reproduction implementation;

19) reproduction - production of one or more permanent or temporary copies of works or objects of the related rights in any manner and in any form, fully or partially, directly or indirectly. Types of reproduction are production zvuko-or videos, production of one or more copies of the two-dimensional or three-dimensional work, reproduction (reprographic reproduction), and also any permanent or temporary storage of works or objects of the related rights in any material form, including in open information and communication network;

20) the owner - the author (his heirs) concerning copyright, the contractor (his heirs), the producer of soundtracks, the organization of on-air or cable broadcasting concerning the related rights, and also other physical persons or legal entities which acquired exclusive right for use of the work and (or) object of the related rights under the agreement or other basis provided by this Law;

21) information on management of the rights - information which identifies the work, the author of the work, the contractor, execution of the contractor, the producer of soundtrack, soundtrack, the owner of any right to the work, execution or soundtrack or information on conditions of use of the work, execution or soundtrack. Information on management of the rights is also understood as any figures or codes in which such information when any of these elements of information is attached to copy of the work, the written-down execution or soundtrack is provided or appears in connection with the message of the work or the message and (or) finishing the written-down execution or soundtrack for general data;

22) the compound work - the collection (the encyclopedia, the anthology, the database) of works and other materials representing result of creative activities for matching and (or) arrangement of materials;

23) execution - submission of the work, soundtrack, execution, statement by means of game, singing, dance in live execution or by means of any technical means (TV and radio broadcasting, cable television and another), and also display of personnel of the audiovisual work in their sequence with maintenance or without maintenance by sound;

24) the contractor - the actor, the singer, the musician, the dancer or the other person who plays role, sings, reads, recites, plays musical instrument, interprets or otherwise performs literary works and (or) arts (including variety, circus or doll act) or performing folk art, and also the production director of performance and the conductor;

25) the user - the physical person or legal entity performing or organizing use of objects of copyright and the related rights;

26) delivery in hire (for rent) - provision of copy of the work or soundtrack in temporary use for the purpose of extraction of sure or indirect commercial gain;

27) the related rights - property rights of the contractor, producer of soundtrack, the organization of on-air and cable broadcasting and the personal non-property rights of the contractor;

28) performing arts and crafts - the two-dimensional or three-dimensional work of art postponed for objects of practical use including performing art trade or the work produced by industrial method;

29) the production director of performance - person which performed statement of theatrical, circus, doll, variety or other performance (representation);

30) the translation of the work - expression of the work in the language other than language of the original work. At the same time the translation shall be reliable and not distorting neither content, nor style of the original work;

31) work copy - the copy of the work made in any material form, including containing in open information and communication network;

32) promulgation of the work - implementation with the consent of the author of action which for the first time makes the work available to public by means of its publication, public display, public performance, informing everyone and different ways;

33) conversion of the work - change of the original work from one genre in another. At the same time types of conversion of the work are the performance, statement and arrangement of the original work;

34) the derivative work - the work which is created as a result of creative conversion of other work;

35) authorized body - the state body determined by the Government of the Republic of Kazakhstan and performing state regulation in the field of copyright and the related rights;

36) soundtrack - sound record of execution or other sounds, and also representation of sounds in any form, except for the record included in the audiovisual work;

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