Copyrights Law in Kazakhstan
Here’s a detailed overview of Copyright Law in Kazakhstan:
Copyright Law in Kazakhstan
Kazakhstan’s copyright system is shaped by its national legislation aligned with international intellectual property standards and treaties.
1. Legal Framework
Primary Law:
Law on Copyright and Related Rights (adopted in 1996, with amendments to harmonize with international norms).
Administering Body:
Committee for Intellectual Property Rights under the Ministry of Justice.
Kazakhstan is a party to major international copyright treaties, including:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS Agreement,
World Intellectual Property Organization (WIPO) treaties.
2. Protected Works
Copyright protects original works fixed in a tangible form, such as:
Literary works (books, articles, computer programs),
Musical compositions,
Artistic works (paintings, photographs, sculptures),
Cinematographic and audiovisual works,
Sound recordings and broadcasts,
Architectural works,
Databases (if original).
3. Rights Granted
Economic Rights:
Reproduction, distribution, public performance, communication to the public, broadcasting, adaptation, rental.
Moral Rights:
Right to authorship, right to object to distortion or mutilation, right to privacy of unpublished works.
4. Duration of Protection
| Type of Work | Duration |
|---|---|
| Literary, musical, artistic | Life of the author + 70 years |
| Audiovisual works | 70 years from the death of the last surviving main author |
| Related rights (performers, phonogram producers, broadcasters) | 50 years from publication or performance |
5. Exceptions and Limitations
Exceptions include:
Private use,
Quotation for criticism or review,
Educational and scientific use,
Libraries and archives,
Use by persons with disabilities.
These exceptions must not conflict with normal exploitation of the work or unreasonably prejudice the author’s rights.
6. Registration
Copyright protection is automatic upon creation.
Registration is optional and handled by the Committee for Intellectual Property Rights, serving primarily as evidence of ownership.
7. Enforcement
Enforcement occurs via civil courts and administrative authorities.
Remedies include injunctions, damages, seizure of infringing goods, and criminal sanctions for willful infringement.
8. International Treaties
Kazakhstan complies with:
Berne Convention,
WIPO Copyright Treaty,
Rome Convention,
TRIPS Agreement,
Other WIPO-administered treaties.
Summary Table
| Aspect | Details |
|---|---|
| Law | Law on Copyright and Related Rights (1996) |
| Protected Works | Literary, musical, artistic, audiovisual |
| Duration | Life of author + 70 years |
| Rights | Economic and moral rights |
| Registration | Automatic; optional registration |
| Enforcement | Civil, administrative, and criminal remedies |
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