Article 42. Validity period of related rights of the Copyright and Related Rights Act
1. The rights provided for in this chapter in relation to the performer are valid for seventy years after the first performance or production. The rights of the performer to the name and to protect the performance or production from any distortion or other encroachment capable of damaging the honor and dignity of the performer, established by Article 37 of this Law, are protected indefinitely.
2. The rights provided for in this chapter in respect of the producer of a phonogram are valid for a period of seventy years after the first publication of the phonogram or for a period of seventy years after its first recording, if the phonogram has not been published during this period.
3. The rights provided for in this chapter with respect to an on-air broadcasting organization are valid for seventy years after the first broadcast by such an organization.
4. The rights provided for in this chapter with respect to a cable broadcasting organization shall be valid for a period of seventy years after such organization has made its first communication to the public via cable.
5. Radio and television broadcasts (broadcasts) in respect of which the seventy-year period has not expired from the date of lawful publication or creation, if they have not been made public, from the date of entry into force of this Law shall be protected for the remaining period as objects of related rights.
6. The calculation of the time limits provided for in paragraphs 1, 2, 3, and 4 of this Article begins on January 1 of the year following the year in which the legal fact took place, which is the basis for the beginning of the term.
7. If the perpetrator was repressed and rehabilitated posthumously, the term of protection of rights provided for in this article shall begin to apply from the first of January of the year following the year of rehabilitation.
8. The heirs (in respect of legal entities - legal successors) of the performer, phonogram producer, broadcasting or cable broadcasting organization shall have the right to authorize the use of the performance, production, phonogram, transmission of broadcasting or cable broadcasting organizations and to receive remuneration within the remaining part of the terms specified in paragraphs 1, 2, 3, 4 of this Article.
9. The expiration of related rights to performances, productions, phonograms, and broadcasts of broadcasting or cable broadcasting organizations means their transfer to the public domain.
The provisions of article 29 of this Law shall apply to objects of related rights that have passed into the public domain, taking into account the provisions of articles 34-42 of this Law.
The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.
President
Republic of Kazakhstan
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