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Home / Laws / Article 36. Scope of related rights of the Law on Copyright and Related Rights

Article 36. Scope of related rights of the Law on Copyright and Related Rights

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 36. Scope of related rights of the Law on Copyright and Related Rights    

      1. The rights of the performer are recognized for him in accordance with this Law in cases where:  

      1) the contractor is a citizen of the Republic of Kazakhstan;  

      2) the performance and staging took place for the first time in the territory of the Republic of Kazakhstan;  

      3) the performance or production is recorded on a phonogram protected in accordance with the provisions of paragraph 2 of this Article;  

      4) a performance or production not recorded on a phonogram is included in a broadcast or cable broadcasting organization protected in accordance with the provisions of paragraph 3 of this Article.  

      2. The rights of the producer of a phonogram shall be recognized for him in accordance with this Law in cases where:  

      1) the producer of the phonogram is a citizen of the Republic of Kazakhstan or a legal entity with an official location in the territory of the Republic of Kazakhstan;  

      2) the soundtrack was first published in the territory of the Republic of Kazakhstan. A phonogram is also considered to have been published for the first time on the territory of the Republic of Kazakhstan if it was published on the territory of the Republic of Kazakhstan within thirty days after the date of publication outside the Republic of Kazakhstan.  

      3. The rights of an on-air or cable broadcasting organization are recognized for it in accordance with this Law if the organization has an official location in the territory of the Republic of Kazakhstan and transmits using transmitters located in the territory of the Republic of Kazakhstan.  

      4. Related rights of foreign individuals and legal entities are recognized in the territory of the Republic of Kazakhstan in accordance with international treaties ratified by the Republic of Kazakhstan, if the relevant performance, phonogram, broadcast or cable broadcasting organization has not passed into the public domain in their country of origin, determined by the rules of the relevant international treaty ratified by the Republic of Kazakhstan., due to the expiration of the period of validity of related rights established in such a country and have not passed into the public domain in the Republic of Kazakhstan due to the expiration of related rights.  

 

 

The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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