LAW OF THE KYRGYZ REPUBLIC

of January 14, 1998 No. 6

About copyright and the related rights

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 16, 1997

Section 1. General provisions

Article 1. Regulation subject

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

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

1. The legislation of the Kyrgyz Republic on copyright and the related rights is based on the Constitution of the Kyrgyz Republic and consists of the Civil code of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic.

2. If the international treaty in which the Kyrgyz Republic participates establishes other regulations, than those which contain in this Law are applied rules of the international treaty.

Article 3. State regulation in the sphere of protection of copyright and related rights

1. State regulation in the sphere of protection of copyright and related rights performs authorized state body of the Kyrgyz Republic in the field of intellectual property (further - authorized state body).

2. The authorized state body in the field of intellectual property exercises public administration in the sphere of author's and adjacent legal relationship, is promoted creation of legal conditions for development of creativity in the field of science, literature and art, realization of competences of authors and owners of the related rights, including the right to appeal to the court, by the conclusion of usage agreements of copyright, and also performs collection and payment of award.

The main objectives, functions and powers of authorized state body are determined by this Law and other regulations of the Kyrgyz Republic.

Paragraph third ceased to be valid.

3. For the purpose of cultural development of the Kyrgyz Republic and assistance of creative activities of authors the State fund of intellectual property is created. The regulations on the State fund of intellectual property affirm the Cabinet of Ministers of the Kyrgyz Republic.

Article 4. Basic concepts

For the purposes of this Law the terms provided below have the following values:

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 (with maintenance or without maintenance by 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 movies and to that similar works), irrespective of method of their initial or subsequent fixing;

3) the database - objective form of representation and the organization of data set (Articles, calculations and so on) systematized so that these data could be found and processed by means of the electronic computer (further - EVM);

4) the beneficiary - person, which:

a) is blind person;

b) has violation of sight or limited capability of visual perception or reading which cannot be corrected in that measure in what visual function will be equivalent to visual function of person who has no such violation or limited capability of visual perception of the text work;

c) owing to features of any diseases cannot or is not able to use the book either to focus look or to move eyes in that degree in what usually it would be acceptable for reading, irrespective of any other violations;

5) reproduction of the work - production of one or more copies of the work or its part in any material form, including in shape zvuko-and videos, production in three dimensions of one or more copies of the two-dimensional work and in two measurements - one or more copies of the three-dimensional work; record of the work in computer memory is also reproduction;

6) reproduction of soundtrack - production of one or more copies of soundtrack or its part on any material carrier;

7) reproduction of the computer program or database - production of one or more copies of the computer program or database in any material form, and also their record in computer memory;

8) appearance (publication) of the computer program or database - provision of copies of the computer program or database with the consent of the author to the uncertain group of people (including by record in computer memory and release of the printing text);

9) decompiling of the computer program - the technique including transformation of object code to the source text for the purpose of studying of structure and coding of the computer program;

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

11) the manufacturer of the audiovisual work - the physical person or legal entity which took the lead and responsibility for production of the audiovisual work at the same time such person shall or make physically it, or order it and pay production; in case of failure of evidence of other the manufacturer of the audiovisual work the physical person or legal entity is recognized, the name or the name of which is designated on this work usually;

12) information on management of the rights - any information provided by owners of the rights which identifies the work or object of the related rights protected by this Law, the author, the owner of the related rights or any other owner of the rights or information on conditions of use of the work or object of the related rights which contains on copy of the work or object of the related rights is attached to it or appears in connection with the message for general data of such work or object of the related rights, and also any figures and codes which contain such information;

13) execution - submission of works, soundtracks, execution, statements by means of game, the recitation, singing, dance in live execution or by means of technical means (TV and radio broadcasting, cable television and other technical means); display of personnel of the audiovisual work in their sequence (with maintenance or without maintenance by sound);

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

15) the source text - the text written in any programming language, which was not exposed to conversion by any compiler;

16) use of the computer program or database - appearance, reproduction, distribution and other actions for their introduction in economic circulation (including in the modified form). Transfer by mass media of messages on the published computer program or the database is not recognized use of the computer program or database;

17) counterfeit copies - copies of the work or soundtrack, production or distribution of which is involved by violation of copyright and related rights, and also copies of the works and soundtracks imported without the consent of owners of copyright and related rights in the Kyrgyz Republic from the states in which these works and soundtracks were never protected protected in the Kyrgyz Republic according to this Law or ceased to be protected;

18) compilation of the computer program - the technique including transformation of the source text to object code for the purpose of studying of structure and coding of the computer program;

19) modification (conversion) of the computer program or database - any their changes which are not adaptation;

20) the owner of the author's and (or) related rights - the author or the contractor in cases when the author or the contractor is given property rights;

a) physical person or legal entity to which property rights were yielded;

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

21) promulgation of the work - the action performed with the consent of the author which for the first time makes the work available for general data by its publication, public display, public performance, transfer to air or otherwise;

22) publication (appearance) - release into the stream of commerce of copies of the work, soundtrack with the consent of the author of the work, the producer of soundtrack for public requirements satisfaction. Publication is understood also as provision of access to the work, soundtrack through electronic systems of information;

23) object code - the program which turned out as a result of transformation of the source text to machine code;

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