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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of September 10, 2019 No. 461

About approval of the Instruction for application of minimum rates of remuneration to contractors and producers of soundtracks

(as amended of the Order of the Minister of Justice of the Republic of Kazakhstan of 19.12.2022 No. 1033)

According to Item 1-1 of the order of the Government of the Republic of Kazakhstan of November 23, 2011 No. 1373 "About approval of minimum rates of remuneration to contractors and producers of soundtracks" PRIKAZYVAYU:

1. Approve the enclosed Instruction for application of minimum rates of remuneration to contractors and producers of soundtracks.

2. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister

M. Beketayev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of September 10, 2019 No. 461

Instruction for application of minimum rates of remuneration to contractors and producers of soundtracks

Chapter 1. General provisions

1. This Instruction disaggregates application of minimum rates of remuneration to contractors and producers of soundtracks for types of use of the execution and soundtracks provided by the order of the Government of the Republic of Kazakhstan of November 23, 2011 No. 1373 "About approval of minimum rates of remuneration to contractors and producers of soundtracks" (further - the order of the Government).

2. Amount of remuneration, procedure and terms of its payment are established by the parties in the license agreement signed by the user with contractors, producers of soundtracks, owners or the organization managing property rights on collective basis.

3. In case of payment of remuneration the size of monthly settlement indicator established by the legislation of the Republic of Kazakhstan operating on payment date of such remuneration is used.

4. The concepts used in this Instruction are applied in the values determined by the Law of the Republic of Kazakhstan "About copyright and the related rights".

5. Remuneration to contractors and producers of soundtracks for use of execution and soundtracks is charged for public performance, display, the message and informing everyone, reproduction (replication) and (or) distribution with revenue generating purpose, reproduction for personal reasons without the consent of the contractor and the producer of soundtrack in the territory of the Republic of Kazakhstan.

Chapter 2. Application of rates of remuneration to contractors and producers of soundtracks for use of execution and soundtracks by public performance, display, the message and informing everyone

6. If in the territory of cultural entertainment center, fitness center, trading house the cafes, bars, restaurants, other objects of public catering, shops, the trade markets and other places intended for the purposes of trade, the place of mass skating, rollers, theaters, cinema halls, other places, intended for demonstration of movies, the cultural and leisure organizations (recreation parks, houses and palaces of culture, aquaparks) which are independently using execution and soundtracks by public performance, display, the message or informing everyone are located, that burden of payment of remuneration lays down on these users.

7. If execution or soundtrack is publicly performed, shown, reported or brought to the general attention in all territory of cultural entertainment center, fitness center, trading house where shops, the trade markets and other places intended for the purposes of trade, cafe, bars, restaurants, other objects of public catering, the place of mass skating, rollers, the theaters, cinema halls, other places intended for demonstration of movies, the cultural and leisure organizations (recreation parks, houses and palaces of culture, aquaparks) which are independently not using execution and soundtracks by public performance, display, the message or informing everyone are located, payment of remuneration is made by the owner of cultural entertainment center, fitness center, trading house.

8. Monthly paid amount of remuneration for use of execution and soundtracks by public performance, display in hotels, sanatoria, rest houses and boarding houses makes the one twelfth part of the reward earned as a result of multiplication of number of technical means by the established remuneration rate.

Chapter 3. Application of rates of remuneration for reproduction of soundtracks for personal reasons without the consent of the contractor and the producer of soundtracks which is subject to payment by persons importing the equipment and material carriers used such reproduction

9. The size of means for payment of remuneration for reproduction of soundtracks for personal reasons without the consent of the contractor and the producer of soundtrack which is subject to payment by persons importing the equipment and material carriers used for such reproduction is established as a percentage of customs value of unit of the corresponding the equipment and material carriers which are imported by the importer.

10. Payment of means for payment of remuneration for reproduction of soundtracks for personal reasons without the consent of the contractor and the producer of soundtrack which is subject to payment by persons importing the equipment and material carriers used for such reproduction is performed on the basis of the agreement signed by the importer with the organization managing property rights on collective basis.

11. Payment of means for payment of remuneration for reproduction of soundtracks for personal reasons without the consent of the contractor and the producer of soundtrack which is subject to payment by persons importing the equipment and material carriers used for such reproduction is performed by importers of the equipment and material carriers following the results of each accounting period. The accounting period is understood as the period from one month to one quarter if other is not provided by the agreement on payment of means for remuneration payment signed with importers of the equipment and material carriers with the organization managing property rights on collective basis.

12. The organization managing property rights on collective basis records importers, manufacturers of the equipment and material carriers and the amounts of the funds raised for remuneration payment.

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