LAW OF THE REPUBLIC OF ARMENIA

of July 4, 2006 No. ZR-142

About copyright and the related rights

Accepted by National Assembly of the Republic of Armenia on June 15, 2006

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

This Law regulates:

a) the relations connected with the rights of authors to works in the field of literature, science, art (further – copyright);

b) the relations connected with the rights of contractors to their execution, producers of soundtracks to their made soundtracks, producers of movies to their written-down movies, the broadcasting organizations on their transfers, publishers on their publishing execution of editions, manufacturers of the database on their made database (further – the related rights);

c) management of property rights on collective basis.

Article 2. Legislation on copyright and related rights

1. The legislation on copyright and the related rights consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law, other laws and legal acts, international treaties of the Republic of Armenia.

2. If the ratified international treaties establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

Chapter 2. Copyright

Article 3. Copyright objects

1. Object of copyright the original result of the creative activity performed independently or together with other authors in the field of literature, science and art (further – the work) which is expressed in oral, written or other objective form, including the electronic form kept constantly or temporarily irrespective of amount, appointment, advantages and the purpose of creation of the work is considered.

2. The oral work which is not fixed on the material carrier is considered having the objective form if it became available to public in the form of public performance or in other form.

3. Copyright extends both on promulgated, and to unpublished works.

4. Objects of copyright are:

a) literary, scientific works, and also computer programs;

b) performing painting, sculpture, graphics, design and other works of the fine arts;

c) drama and musical and drama works, scenarios, scenario plans, the libretto and other works for scenic display;

d) works of choreography and pantomime;

e) pieces of music with the text or without text;

e) audiovisual works (film, television movies, animation and animated movies, short musical videos, advertizing, factual, documentary and other films);

g) performing arts and crafts and scenic graphics;

h) the photographic works and works received by similar methods corresponding to provisions of part one of this Article;

i) works of town planning, architecture, landscape gardening art and their decision as in general, and their separate parts;

j) the maps, projects, sketches and plastic works relating to geography, topography, geology, town planning, architecture and other sciences;

k) derivative works, in particular:

- transfers, adaptations, transpositions, arrangements and remixes, processings and conversions, performances, cinema alterations of other works and other alterations of literary works, the sciences, arts corresponding to provisions of part one of this Article

- collections of works (the encyclopedia, the anthology), the databases and other compound works representing result of creative activity on matching and (or) arrangement of materials;

l) parts of the work (the name, images and so on) which correspond to provisions of part one of this Article and can be used independently;

m) fonts;

o) other works corresponding to provisions of part one of this Article.

Article 4. The works which are not considered as copyright objects

1. Are not copyright objects:

a) works of national folklore and folk art;

b) information on daily news or the current events and the facts is copyright object if the form of expression of daily news or the current events and the facts is result of creative work;

c) official documents – legal acts, agreements and their official translations;

d) state symbols and signs (flags, coats of arms, awards, bank notes and so on);

e) political performances, speeches delivered during legal procedure;

e) the results received by means of technical means without creative activities of the person.

2. Copyright does not extend to discoveries, the ideas, the principles, methods, procedures, concepts, systems, processes, scientific theories, mathematical formulas, statistical charts, rules of the game even if they are expressed, described, opened, covered in works.

Article 5. Promulgation and appearance of the work

1. The work is considered promulgated if it thanks to the author or from its consent for the first time becomes available to public by means of its public pronouncing, public performance, public display, appearance (edition), broadcasting or other methods, available to public.

2. The work is considered published (published) if the work copies produced with the consent of the author by any methods including by means of electronic systems, are introduced into circulation in enough.

Appearance execution drama, musical and drama, audiovisual or the piece of music, the recitation of the literary work, broadcast of the literary work or work of art, display of the work of art and construction of the construction which is the work of architecture is not considered.

Article 6. Author

The author the physical person who created the work is recognized.

Article 7. Co-authorship

1. Copyright of the work created by joint creative activity of two or more persons belongs to coauthors jointly irrespective of structure of the work.

Separate part of the work created in co-authorship is considered having independent value if it can be used irrespective of other parts of the work.

Each of coauthors has the right to use the part of the work created by him having independent value, at discretion if other is not provided by the agreement signed between them.

Copyright of the work created in co-authorship is recognized if at least one of authors according to this Law has copyright.

2. The right to use the work in general belongs to coauthors jointly. Relations of coauthors are established by the agreement signed between them.

In the absence of the agreement copyright of the work belongs to all authors jointly, and the gained income is distributed between them equally.

Any of coauthors of the work created in co-authorship and which is considered as one continuous whole, to other coauthors having no right to prohibit without reasonable motivations to use the work.

Article 8. Authorship presumption

1. The author person whose name as the author is entered on the work is recognized, or the name of which as the author is entered in case of promulgation of the work, or the name of which as the author is entered on copy of the work transferred to storage to the relevant organization managing property rights on collective basis, to either the notary, or other organizations having appropriate authority under the law, until proved otherwise. This provision is applied in cases when this name is pseudonym and the identity of the author, the speaker under pseudonym, does not raise doubts.

2. In case of the edition of the work anonymously or under pseudonym the publisher, the name or the name of which is designated on the work, in the absence of other proofs it is considered the representative of the author and in this quality is competent to protect the rights of the author and to provide their implementation.

This provision is effective until the author of such work does not reveal the personality and will not declare the authorship.

Article 9. Emergence of copyright and the notification about it

1. Copyright of the work arises owing to the fact of creation of the work. The work is considered created if it is expressed in any objective form allowing possibility of his perception and does not depend on official confirmation of this right, registration of the work and making of any other action.

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