Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of June 5, 1996 No. 115-IG

About copyright and the related rights

(as amended on 23-02-2021)

Section I. General provisions

Article 1. Law purpose

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

Article 2. Legislation on copyright and related rights

The legislation of the Azerbaijan Republic on copyright and the related rights consists of the Constitution of the Azerbaijan Republic, the Civil code of the Azerbaijan Republic, this Law, other corresponding regulatory legal acts of international treaties which participant is the Azerbaijan Republic.

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

The relations in the sphere of copyright and the related rights in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. Law coverage

Provisions of this Law extend:

1) on works of science, literature and art, execution, soundtrack, owners of copyright or the related rights on which the physical person who is the citizen of the Azerbaijan Republic or having the permanent residence in the territory of the Azerbaijan Republic or the legal entity who is that by the legislation of the Azerbaijan Republic is;

2) on the works of science, literature and art or soundtrack for the first time published in the territory of the Azerbaijan Republic. The work or soundtrack are also considered for the first time published in the Azerbaijan Republic if within 30 days after date of the first publication outside the Azerbaijan Republic they were published in the territory of the Azerbaijan Republic.

3) on the execution for the first time taking place in the territory of the Azerbaijan Republic or which is written down on the soundtrack protected according to provisions of part 2 of this Article, or is not written down on soundtrack, but included in the transfer of broadcasting to the organization protected according to provisions of part 4 of this Article;

4) on transfers of the organizations of broadcasting, being legal entities by the legislation of the Azerbaijan Republic and performing transfers by means of the transmitters located in the territory of the Azerbaijan Republic;

5) on the works of architecture which are in the territory of the Azerbaijan Republic;

6) other works of science, literature and art, execution, soundtrack, the transfers of the organizations of broadcasting protected according to international treaties in which the Azerbaijan Republic participates;

7) in the territory of the Azerbaijan Republic according to international treaties which participant is the Azerbaijan Republic protection is applied to such works and objects of the related rights according to which the protection terms established for these objects in the country of their origin did not expire.

Effective period of copyright and the related rights to the territories of the Azerbaijan Republic cannot be more than terms of protection established by country of source;

8) according to international treaties which participant is the Azerbaijan Republic and based on the principles of reciprocity of provision of this Law extend along with citizens of the Azerbaijan Republic to foreigners and persons without citizenship.

Article 4. Basic concepts

The basic concepts used in this Law have the following values:

"author" - the physical person who created the work;

"the audiovisual work" - the work which consists of series of the images connected among themselves (with maintenance or without maintenance and sound) generating impression of movement and which is intended for visual (acoustical) perception by means of the corresponding technical devices; audiovisual works include the cinema and other works expressed by the means similar cinema (TV, videos, filmstrips and others), irrespective of method of their initial or subsequent fixing;

"database" - data set (Articles, calculations, the facts and other materials), representing result of creative activity on matching or arrangement of materials and systematized so that these data could be found and processed by means of the computer (COMPUTER);

"reproduction" - production of one or more copies of the work or soundtrack in any material form, including in shape zvuko-and videos. Reproduction is also record of the work or soundtrack for temporary or permanent storage in electronic (including digital), optical or other machine-readable form;

"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 such work. 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;

"production director" - the director of audiovisual works and the person performing statement of theatrical, circus, doll, cabaret, television performance or other representation or giving the form to similar representations;

"piracy products" - the copies of the work and soundtrack made (made) and distributed without the permission of the owner;

"the manufacturer of soundtrack" - the physical person or legal entity which took the lead and responsibility for the first sound record of execution or other sounds. In case of failure of evidence of other, the manufacturer of soundtrack the physical person or legal entity is recognized, the name or the name of which is designated on this soundtrack and (or) on the case containing it usually;

"contractor" - the actor, the singer, the musician, the dancer or the other person who plays role, sings, reads, recites, plays musical instrument or otherwise performs literary works and arts (including variety, circus or doll act);

"computer (COMPUTER)" - the electronic or similar device capable to information processing;

"the computer program (computer program)" - set of instructions in the form of words, codes, schemes and other type which being expressed in machine-readable form, puts the computer in action for achievement of particular purpose or result. The computer program includes also preparatory materials received during its development, and the audiovisual displays generated by it;

"the collective work" - the work created by two or more physical persons with initiative and under the direction of physical person or legal entity on condition that the work will be published by the last under the name;

"the derivative work" - transfers, processings, extraction, summaries, papers, the summary, reviews, performances, arrangements, conversions of works of science, literature and art;

"collection" - the collection of independent works representing result of creative activities for matching or arrangement of materials. Similar meetings (collections) reflect value of such works as encyclopedias and anthologies;

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