Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of January 14, 1998 No. 6

About copyright and the related rights

(as amended on 24-05-2021)

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 arts (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, the Law of the Kyrgyz Republic "About legal protection of programs for electronic computers and databases" 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 - Kyrgyzpatent).

2. Kyrgyzpatent - the body which exercises public administration in the sphere of author's and adjacent legal relationship promotes 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, the conclusion of usage agreements of copyright, and also performs collection and payment of award.

The main objectives, functions and Kyrgyzpatent's powers are determined by this Law and other regulations of the Kyrgyz Republic.

The regulations on Kyrgyzpatenta affirm the Government of the Kyrgyz Republic.

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 Kyrgyzpatentom.

Article 4. Basic concepts

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

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

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;

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 (EC);

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;

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

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;

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;

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 such the work or object of the related rights, and also any figures and codes which contain such information;

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);

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 died), and also the production director of performance and the conductor;

counterfeit copies - copies of the work or soundtrack, production or distribution of which are 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;

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;

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

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;

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;

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;

transfer to air - the message of works, soundtracks, execution, statements, transfers of the organizations of on-air or cable broadcasting for general data (including display or execution) by means of their transfer on radio or television (except for cable television). By transfer of works, soundtracks, execution, statements, transfers of the organizations of on-air or cable broadcasting 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 the organizations of on-air or cable broadcasting can be brought to the general attention irrespective of the actual acceptance by their public;

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; 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 other technical means, and also demonstration of separate personnel of the audiovisual work without respect for their sequence;

users of the author's and (or) related rights - any physical persons and legal entities using objects of copyright and the related rights;

the subsequent transfer to air - the subsequent transfer to air of earlier aired works, soundtracks, execution, statements, transfers of the organizations of on-air or cable broadcasting;

the computer program - set of the instructions or rules put into words, figures, codes, symbols, signs or in any other form, intended for functioning of EVM and other computer devices for achievement of particular purpose or result;

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;

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