ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 22, 2002 No. 488

About minimum rates of award for use of objects of copyright and the related rights

In pursuance of the Law of the Kyrgyz Republic "About copyright and the related rights" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on minimum rates of award for use of objects of copyright and the related rights.

2. To the state communication agency under the Government of the Kyrgyz Republic and to bodies of Tax Service of the Kyrgyz Republic to render assistance to authorized state body of the Kyrgyz Republic in the field of intellectual property in receipt of information about users of objects of copyright and the related rights.

3. Establish contributions to the State fund of intellectual property of the Kyrgyz Republic for use of the works which turned into public property in the amount of percent 0,5 from the amounts of gross collection arriving from sale of tickets for public performance, or from selling price of each issued copy.

4. Recognize invalid:

- Item 1 of the Resolution of Council of Ministers of the Kyrgyz SSR of October 3, 1990 No. 290 "About modification and amendments in resolutions of Council of Ministers of the Kyrgyz SSR of December 30, 1988 No. 496 "About rates of award for public performance and other types of use of literary works and art" and of December 30, 1988 No. 497 "About rates of award for the edition of works of science, literature and art";

- The order of the Government of the Kyrgyz Republic of December 17, 1998 No. 832 "About minimum rates of award for use of objects of copyright and the related rights";

- Item 3 of the Order of the Government of the Kyrgyz Republic of May 15, 2001 No. 233 "About modification and recognition voided some decisions of the Government of the Kyrgyz Republic".

5. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 27.05.2013 No. 280

6. Publish this resolution in mass media.

Approved by the Order of the Government of the Kyrgyz Republic of July 22, 2002 No. 488

Regulations on minimum rates of award for use of objects of copyright and related rights

Section I. General provisions

1. This Provision is developed in pursuance of the Law of the Kyrgyz Republic "About copyright and the related rights" and governs the relations on payment of awards by all organizations using objects of copyright and the related rights.

2. And contractors concerning issue of permissions to public performance of works and other types of use of objects author's and the related rights, charge and collection of award according to the legislation of the Kyrgyz Republic the organization managing property rights of authors on collective basis, operating within the powers received from authors, having the right to make claims in protection of the rights and the interests protected by the law represented by it persons can be the representative of authors (their legal successors).

Before creation of the organizations managing property rights on collective basis, authorized state body of the Kyrgyz Republic in the field of intellectual property (further - Kyrgyzpatent) performs functions and obligations of these organizations.

3. The award rates provided by this Provision are minimum and are applied if other is not determined in the contract between the user and the author, his legal successor or the organization managing property rights of authors on collective basis within the powers received from them, and amount of remuneration is not matter in issue between concerned parties.

4. Payers of award for use of objects of copyright and the related rights are any physical persons and legal entities, irrespective of patterns of ownership and legal forms, the performing or organizing public performances of works and other types of use of objects author's and the related rights.

To payers, including, belong:

a) theaters, movie theaters, circuses, philharmonic halls and other concert and scenic platforms;

b) organizations of on-air and cable broadcasting;

c) producers of soundtracks, recording studios, distributors of melodies of call for cell phones (ringtones, rinbekton, realtones);

d) organizers of concert and spectacular actions, production centers;

e) entertaining institutions (video salons, diskokluba, night clubs);

e) catering establishments (restaurants, bars, cafe, table, snack);

g) the specialized enterprises of trade (including the trade pavilion, shopping centers, trading houses, supermarkets) performing sale (hire, exchange) of licensed audio-video production, the audio-video equipment; the markets and other trade enterprises using soundtracks or transfers of the broadcasting organizations for scoring of trade floors;

h) hotels, improving complexes (rest houses, boarding houses, sanatoria, resorts);

i) companies of service industry (beauty shops, hairdressing salons, beauty shops, salons of fashion, gyms;

j) ceased to be valid.

5. All payers shall sign with Kyrgyzpatent license agreements (agreements) on right to use of objects author's and the related rights, and also perform state registration in accordance with the established procedure. The license agreement provides the sizes and payment due dates of awards, the rights and obligations of the Parties, responsibility for non-execution of obligations on payment and other conditions. Payers shall represent to the authorized representative of Kyrgyzpatent for check properly the drawn-up calculation of the award amounts which are subject to payment, and also for viewing all documents connected with calculations for award for public performance of works; it is free to allow Kyrgyzpatent's representatives on the events held by them for carrying out control listening (viewing).

6. Collection, distribution and payment of the corresponding remuneration to authors (their legal successors) and to other owners of the rights is performed by Kyrgyzpatent.

7. The amount of assignments on covering of the expenses connected with collection, charge, distribution and payment of award is determined by the decision of Council of authors of Kyrgyzpatent.

8. Distribution of remuneration between authors, coauthors, contractors and other owners of property rights is made according to the Regulations of distribution of award for use of objects of copyright and the related rights (daleereglament) developed and approved by Kyrgyzpatent based on the legislation and the international obligations of the Kyrgyz Republic.

9. Including it or turning the organizations managing property rights of authors on collective basis, having the right to keep unclaimed remuneration into the distributed amounts on other purposes in the interests represented by it owners of copyright and related rights after three years from the date of its revenues to the account of the organization.

The unclaimed means which are on the deposit account of Kyrgyzpatent after three years are subject to transfer in budget receipt according to the budget legislation.

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