of December 15, 2004 No. 362
About approval of the Instruction for application of minimum rates of award for use of works by public performance, the public message, for reproduction and (or) distribution of works
In pursuance of Item 3 of the order of the Government of the Republic of Kazakhstan of October 20, 2004 N 1083 "About approval of minimum rates of award for some types of use of works", PRIKAZYVAYU:
1. Approve the enclosed Instruction for application of minimum rates of award for use of works by public performance, the public message, for reproduction and (or) distribution of works.
2. This order becomes effective from the date of state registration.
Approved by the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of December 15, 2004 No. 362
1. This Instruction disaggregates application of minimum rates of award for use of works by public performance, the public message, for reproduction and (or) distribution of works.
2. In this Instruction the following basic concepts are used:
1) multievent drama and musical and drama works - the works having at least two acts;
2) works of "the big rights" - works, management of which or licensing of which is performed on individual basis;
3) works of "the small rights" - works, control of which is exercised collectively;
4) the work written in verses - the work in which at least a half of the text said from scene is stated poetically;
5) the works which are not protected by copyright - performing folk art, works which turned into public property owing to the protection expiration;
6) public performance of works of "the small rights" not drama public performance of parts of the musical and drama works having independent value (arias, songs);
7) the play - the drama work for theatrical performance;
8) the play performance - the play written based on other works, including works national tvorchestvo.
3. Award at the rates for use of works by public performance provided by the order of the Government of the Republic of Kazakhstan of October 20, 2004 N 1083 "About approval of minimum rates of award for some types of use of works" (daleepostanovleniye) is charged for public performance in the territory of the Republic of Kazakhstan of drama, musical and drama works, concert, variety, circus, dancing programs, pieces of music with the text or without text as actors contractors, and by means of technical means.
4. Award on the minimum rates for use of works by the public message provided by the resolution is charged for use of works by the public message in the territory of the Republic of Kazakhstan.
5. Award on the minimum rates for reproduction and (or) distribution of works provided by the resolution is charged for reproduction and (or) distribution of works by letting, public hire in the territory of the Republic of Kazakhstan.
6. The award rates provided by the resolution 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 on collective basis within the powers received from them, and amount of remuneration is not matter in issue between concerned parties.
7. Award for public performance of works is charged as a percentage:
1) from the amount of gross collection, tickets arriving from sale for public performance of one work or program;
2) from the amounts of the guaranteed payment under the agreement or other amounts of the income.
In cases when difficult or determination of the exact size of the income of the payer award for execution of pieces of music with the text or without text, literary works as actors contractors, and in case of execution by means of technical means (players of any carriers of sound) in case of free entrance in discos, in night clubs, restaurants, cafe, movie theaters, casino, bars is impossible, for bistro, dining rooms, on the open areas, game attractions and other public places it is charged in monthly settlement indicators, stipulated in Item 26 Minimum rates of award for use of the works by public performance approved by the resolution.
8. Award for the public message of works is charged in the sizes established percentage of total of income. At the same time the total income from which award shall be charged, is understood as the income consisting of receipts for advertizing, sponsor's revenues to creation of transfers, receipts in the form of sponsor's or other financing, receipts in the form of subscriber fee, payment for receipt of access to works if those are available and so on.
9. Award for reproduction and (or) distribution of the copies of sound recording containing as protected, and unprotected is charged by copyright of the work only for copyright works.
10. The award rates established for use of plays for children including plays in doll execution, are applied to the specified plays irrespective of the place of their execution.
11. The plays written based on own works are equated to original if the performance was made without coauthors.
12. The plays for children written based on national fairy tales are equated to original.
13. If the work was created by the author in two or several languages without clause about what text is original and what translated, it is recognized original on each of these languages.
14. Award for public performance of the programs consisting of the works protected and unprotected copyright (including the music accompanying drama works) is charged at the complete rate.
15. Award for public performance of the works created by coauthors as one indissoluble whole is charged only to those coauthors (their legal successors) whose copyright is protected. At the same time the amount of the charged remuneration is determined according to distribution of remuneration between coauthors in proportion to the established rate.
16. For the concerts entirely consisting of the works which turned into public property, award is not charged.
17. Award for concert, variety, circus or dancing programs is charged irrespective of whether works performed by actors are performed or sound in sound record, and also irrespective of obtaining or non receipt by the user of the income from sale of tickets for such programs.
18. If the performance includes several one-act works, remuneration is charged for each work separately at the rate established for it.
If the one-act work is performed in the concert program, remuneration for this work is charged at the rate established for it and, besides, the rate provided for the concert program is charged.
If the performance includes two multievent works, remuneration for each work is charged proceeding from 1/2 rates, provided for the corresponding multievent works.
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