Article 37. The rights of the executor of the Law on Copyright and Related Rights

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1. The executor of the performance, except for the cases provided for by this Law, owns the following personal non-property and property rights:

1) the right to a name;

2) the right to protect a performance or production from any distortion or other encroachment that may damage the honor and dignity of the performer (the right to protect reputation);

3) the right to use the performance or production in any form, including the right to receive remuneration for each type of use of the performance or production.

1-1. Personal non-property rights belong to the performer regardless of his property rights and are reserved for him in case of assignment of exclusive property rights to use the performance.

2. The exclusive rights of the performer to use the performance or production mean the right to allow or prohibit the following actions:

1) record a previously unscripted performance or production;

2) reproduce directly or indirectly a recording of a performance or production in any form;

3) broadcast, communicate to the public via cable, or make publicly available a performance or production without using a recording of the performance or production;

4) broadcast, communicate to the public via cable, or make publicly available a recording of a performance or production, except in the cases provided for in paragraph 1 of Article 39 of this Law;

5) to rent (rent) a phonogram published for commercial purposes, on which a performance or production is recorded with the participation of the performer. This right, upon conclusion of a contract for recording a performance on a phonogram, passes to the producer of the phonogram. At the same time, the performer retains the right to remuneration for the rental (rental) of copies of such a phonogram.

3. The exclusive right of the performer provided for in subparagraph 2) paragraph 2 of this article does not apply to cases where:

1) the initial recording of the performance or production was made with the consent of the performer;

2) reproduction of a performance or production is carried out for the same purposes for which the performer's consent was obtained when recording the performance or production.;

3) the reproduction of a performance or production is carried out for the same purposes for which the recording was made in accordance with the provisions of Article 41 of this Law.

4. The permissions specified in paragraph 2 of this article are issued by the performer, and when performed by a team of performers, the head of such a team by concluding a written agreement with the user.

5. The permits specified in subitems 1), 2) and 3) of paragraph 2 of this article for subsequent broadcasts of a performance or production, making recordings for transmission and reproducing such recordings by broadcasting or cable broadcasting organizations are not required if they are provided for by the contractor's contract with the broadcasting or cable broadcasting organization. The amount of remuneration to the contractor for such use is also set out in this agreement.

6. The conclusion of an agreement between the performer and the producer of an audiovisual work entails the granting by the performer of the rights specified in the sub-paragraphs 1), 2), 3), 4) paragraph 2 of this article. The granting of such rights by the performer is limited to the use of the audiovisual work and, unless otherwise specified in the contract, does not include the rights to separate use of the sound or image recorded in the audiovisual work.

7. The exclusive rights of the contractor provided for in paragraph 2 of this article may be transferred by contract to other persons.

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

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Republic of Kazakhstan

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