Article 15. Copyright for a work of architecture and urban planning of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

Home / RLA / Article 15. Copyright for a work of architecture and urban planning of the Law on Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan

1. Copyright in a work of architecture and urban planning and the relations arising in connection with it are regulated by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Copyright and Related Rights" and this Law.

2. Citizens, as a result of whose creative work works of architecture and (or) urban planning have been created, are recognized as their authors and are granted the corresponding copyright.

3. The property rights of the authors of a work of architecture or urban planning (except as provided for by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Copyright and Related Rights" and this Law) consist in their exclusive rights:

1) to use or allow the project to be used for implementation;

2) to carry out or permit the reproduction, distribution and processing of an architectural or urban planning project;

3) delegate the specified exclusive rights to other persons in the manner prescribed by law.

4. The authors of a work of architecture or urban planning created in the course of fulfilling official duties or official assignments are not endowed with property rights, unless otherwise provided by the contract.

The contract between the project customer (employer) and the authors (executors of the order) must contain provisions on the settlement of property rights for the use of a work of architecture or urban planning created in the course of fulfilling official duties or official assignments.

5. The author of a work of architecture or urban planning has the right:

1) to carry out author's supervision over the development of construction documentation for the implementation of the author's project, unless otherwise provided by the assignment for the development of the construction project;

2) carry out, in accordance with the established procedure, author's supervision over the progress of construction (reconstruction, restoration, modernization) of facilities, unless otherwise provided by the assignment for the development of an architectural (urban planning) project.;

3) to take photographs (film, video), unless otherwise provided by the contract for the development of the project or the design assignment, as well as if the object does not carry information related to state secrets.

6. The protection of the personal non-property rights of the author(s) to a work of architecture and urban planning is carried out in accordance with the procedure established by legislative acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.

This Law regulates the relations that arise between government agencies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged human habitat and vital activity, sustainable development of settlements and interuniverse territories.

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Republic of Kazakhstan

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