Article 38. The rights of the producer of phonograms of the Copyright and Related Rights Act
1. The producer of a phonogram in respect of his phonogram, except as provided by this Law, owns the exclusive rights to use the phonogram in any form, including the right to receive remuneration for each type of use of the phonogram.
2. The exclusive rights to use a phonogram mean the right to perform, authorize or prohibit the following actions:
1) to reproduce the phonogram in direct and indirect order and in any form;
2) distribute the original and copies of the phonogram, including import, through sale or other transfer of ownership;
3) to rent (rent) the phonogram even after its distribution, carried out by the producer of the phonogram or with his permission;
4) to redo or in any way recycle the phonogram;
5) to make the phonogram publicly available.
3. If copies of a lawfully published phonogram are put into civil circulation through their sale, their further distribution is permitted without the consent of the phonogram producer and without payment of remuneration. The right to distribute copies of a phonogram by renting them out belongs to the producer of the phonogram, regardless of the ownership of these copies.
4. The exclusive rights of the producer of a phonogram 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.
President
Republic of Kazakhstan
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