LAW OF TURKMENISTAN

About copyright and the related rights

of January 10, 2012 No. 257-IV

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

Section I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

the author - physical person which creative activity creates the work of science, literature and art;

the audiovisual work - the work which consists of series of the images connected among themselves (with maintenance or without their sound) generating impression of movement and which can be perceived by means of visual (and acoustical) perceptions. Audiovisual works include the cinema and other works expressed by the means similar to cinematography (TV, videos, filmstrips and another), irrespective of method of their initial or subsequent fixing;

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

the videogram - any record of consecutive images with soundtrack or without it, except the record of images included in the audiovisual work;

reproduction of the work or object of the related rights - production of one or more copies of the work or object of the related rights or their parts in any manner and in any material form, including permanent or temporary storage of the work or object of the related rights in memory of the computer and other computer devices;

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;

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 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 person is recognized, the name or the name of which are designated on this work by regular method;

the manufacturer of soundtrack - the physical person or legal entity which took the lead and responsibility for implementation of the first sound record of execution or other sounds, or displays of 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 appropriately designated on this soundtrack or on the case containing it;

the manufacturer of the videogram - the physical person or legal entity which took the lead and responsibility for implementation of the first record of consecutive images with soundtrack or without it; in case of failure of evidence of other the manufacturer of the videogram the physical person or legal entity is recognized, the name or the name of which is appropriately designated on this videogram or on the case containing it;

execution - submission of the work, soundtrack and the videogram, statement by means of game, the recitation, singing, dance in live execution or by means of any technical means (TV, broadcastings, cable television and other technical means); display of personnel of the audiovisual work in their sequence (with soundtrack or without it);

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 or arts (including variety, circus or doll act), or expressions of folklore, and also the production director of performance and the conductor;

the computer program - set of instructions in the form of words, codes, schemes or 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;

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;

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, 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;

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

publication (appearance) - release into the stream of commerce of copies of the work, soundtrack, the videogram with the consent of the author or other owner of copyright and related rights in the quantity sufficient for satisfaction of reasonable requirements of society by sale, letting, public hire or with use of other ways of transfer of property or right of possession copies of the work, soundtrack, the videogram; publication is understood also as provision of access to the work, soundtrack, the videogram through electronic systems of information;

transfer to air - transfer of works, soundtracks, videograms, execution, transfers of the organizations of broadcasting for general data on broadcasting or television (except for cable television), including via satellites. By transfer of works, soundtracks, videograms, execution, transfers of the organizations of 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, the soundtrack, the videogram, execution, transfers of the organizations of broadcasting can be brought to the general attention, irrespective of the actual acceptance by their public; transfer of the coded signals is transfer to air if means of decoding are provided to public by the organization of on-air broadcasting or from its consent;

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

provision in hire (letting) - provision of the original or copies of works or objects of the related rights in temporary use for the purpose of extraction of commercial benefit;

performing arts and crafts - the work of art created by manual or industrial method and having functions of practical use or postponed for objects of practical use;

the public performance - submission of works, execution, soundtracks, videograms, transfer of the organizations of broadcasting by means of the recitation, games, singing, dance or otherwise as is direct (in live execution), and by means of any devices and processes, and also demonstration of images of the audiovisual work in their sequence (with reproduction of the sounds accompanying it) in the place or places where there is wide range of persons which are not members of the same family;

the public message (the message for general data) - transfer of works or objects of the related rights in air, on cable, and also their finishing by any other methods (except for distribution of copies) before acoustical and (or) visual perception by public which representatives are not in the place of the message irrespective of whether works or objects of the related rights which became available thus are perceived actually;

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