Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of November 13, 1998 No. 726

About copyright and the related rights

(as amended on 02-01-2018)

Section I. General provisions

Article 1. Regulation subject

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

Article 2. Legislation of the Republic of Tajikistan on copyright and related rights

The legislation of the Republic of Tajikistan on copyright and the related rights is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. The basic concepts used in this Law

In this Law the following concepts are used:

1) the author - physical person which creative activity creates the work;

2) the audiovisual work - the work consisting of the fixed series of the personnel connected among themselves (in 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 to cinematography: TV and videos, filmstrips and slaydfilma, etc., irrespective of method of their initial or subsequent fixing;

3) the database - data set in machine-readable or other form which on matching or arrangement of material represents result of intellectual creativity. The concept the database does not extend to programs for the electronic computer (further - EVM) by means of which electronic access to database materials can be provided;

4) reproduction of the work - production of one or more copies of the work or part in any material form, including in shape zvuko-and videos; reproduction is also record of the work for permanent or temporary storage in machine-readable form, and also input in internal or external computer memory;

5) soundtrack - any exclusively sound record of execution or other sounds or their displays, except the sound record included in the audiovisual work;

6) reproduction of soundtrack - production of one or more copies of soundtrack or its part on any material carrier, including permanent or temporary storage in computer memory and other computer devices;

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

8) the manufacturer of the audiovisual work - the physical person or legal entity which took the lead and responsibility for production of such work; in case of failure of evidence of other, the manufacturer of the audiovisual work person is recognized, the name or the name of which are designated on this work usually;

9) the producer of soundtrack - the physical person or legal entity which took the lead and responsibility for the first sound record of any execution or other sounds, or displays of sounds; in case of failure of evidence of other, manufacturer of soundtrack is person, the name or the name of which is designated on this soundtrack and (pl) on the case containing it usually;

10) exclusive right - the right which belongs to the author (authors) whose creative activity (which) the work when any other person cannot use the work is created, without having on that the corresponding permission / license/, except as specified established by the Law;

11) 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 etc.); display of personnel of the audiovisual work in their sequence (with maintenance or without maintenance by sound);

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

13) owner of copyright and related rights:

- the author or the contractor given the author's or related rights;

- physical person, other than the author and the contractor, or the legal entity in cases when such physical person or legal entity is originally given property rights;

- the physical person or legal entity to which property rights were transferred or was passed according to the procedure of inheritance or legal succession;

14) publication (appearance) - the edition or release into the stream of commerce of works or soundtracks with the consent of the author or other owner of copyright and related rights in the quantity sufficient for satisfaction of need of public; publication is understood also as provision of legal access to the work or soundtrack through electronic systems of information;

15) transfer to air - the message of the work, soundtrack, execution, statement, transfer of on-air or cable broadcasting to the organization for general data (including display or execution) by means of their transfer on radio or television (except for cable television). By transfer of the work, soundtrack, execution, statement, transfer of on-air or cable broadcasting to the organization to air via the satellite "transfer to air" is understood as acceptance of signals from land station on the satellite and signaling from the companion by means of which the work, soundtrack, execution, statement, transfers of on-air or cable broadcasting to the organization can be brought to the general attention irrespective of the actual acceptance by their public;

16) transfer of on-air or cable broadcasting to the organization - the program created by the organization of on-air or cable broadcasting and also by its order at the expense of its means other organization;

17) display of the work - demonstration of the original or copy of the work it is direct or on the screen by means of film, slide, television shot or by means of any other technical means, and also demonstration of separate personnel of the audiovisual work without respect for their sequence;

18) the computer program - set of the instructions put into words, codes, symbols, signs, charts or in any other form which can be used in EVM or other computer device for the purpose of receipt of result. This concept covering both operating system, and the application program expressed in source or object code including the preparatory materials and audiovisual displays received owing to development of the computer program does not extend to the concept "database";

19) public display (execution) - any demonstration of the original or copy of works, execution, statements of transfers by the organization of broadcasting it is direct or on the screen by means of film, slide, shot or other devices or processes, in the place or in places where execution can be perceived without the need for implementation of the message and where there are present or can be persons which are not belonging to regular circle of family of the author or the closest acquaintances of family irrespective of whether there are they at one place and in at one time or at different places and at different times;

20) public display of the audiovisual work - demonstration of separate images of the audiovisual work out of their sequence;

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