Article 44. The activities of organizations for the collective management of the rights of the Law on Copyright and Related Rights
1. Any author, his heir, or other holder of copyright and related rights protected in accordance with Chapters 2 and 3 of this Law has the right to transfer the exercise of his property rights to an organization that manages property rights on a collective basis, and the organization is obliged to assume the exercise of these rights on a collective basis if the management of such a category of rights to the statutory activities of this organization. These organizations are not entitled to use works and objects of related rights obtained for collective management.
2. On the basis of the powers obtained in accordance with paragraph 3 of Article 43 of this Law, an organization managing property rights on a collective basis shall conclude licensing agreements with users for appropriate ways of using works and objects of related rights. The terms of such license agreements must be the same for all users of the same category. These organizations do not have the right to refuse to conclude license agreements with the user without sufficient grounds.
2-1. Users are obliged to conclude an agreement through a single digital platform and submit a report to the organization managing property rights on a collective basis on the use of copyright and related rights, as well as other information and documents necessary for the collection and distribution of remuneration, the list and deadlines for which are specified in the license agreement, in writing or in the form of a digital document.
3. Excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication).
4. All possible property claims of copyright and related rights holders against users related to the use of their works and objects of related rights under such license agreements must be settled by the organization concluding the license agreements.
5. An organization managing property rights on a collective basis is obliged to take measures to distribute and pay the collected remuneration.
If it is impossible to distribute and identify the collected remuneration due to the failure to submit user reports on the use of copyright and related rights, the organization managing property rights on a collective basis is obliged to keep such undistributed remuneration, and after three years from the date of its receipt, include it in the organization's current account for collecting, distributing, paying and storing remuneration. to be distributed in the manner determined by the general meeting of copyright and related rights holders.
The amounts of remuneration collected, distributed and accrued to specific copyright and related rights holders, must be stored in the current account for the collection, distribution, payment and storage of remuneration to the collective rights management organization and be paid to the corresponding author and (or) copyright holder as such persons find or apply, regardless of the retention period of such amounts in the current account. for collecting, distributing, paying, and storing remuneration.
The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.
President
Republic of Kazakhstan
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