Article 9. The emergence of copyright. Presumption of authorship of the Law on Copyright and Related Rights

Home / Laws / Article 9. The emergence of copyright. Presumption of authorship of the Law on Copyright and Related Rights

1. Copyright in a work of science, literature and art arises by virtue of the fact of its creation. Registration of the work, other special design of the work, or compliance with any formalities are not required for the creation and exercise of copyright.

To notify about their exclusive property rights, the author and (or) the copyright holder has the right to use the copyright protection mark, which is placed on each copy of the work and necessarily consists of three elements:

1) the Latin letter "C" in a circle;

2) the name(s) of the owner of the exclusive copyright;

3) the year of the first publication of the work.

The author, in order to certify personal non-property rights to an unpublished work, as well as the copyright holder, in order to confirm possession of exclusive property rights to the work at any time during the term of copyright protection or the validity of relevant agreements, has the right to enter information about the rights into the State Register of Rights to Copyrighted Objects. Information is entered into the State Register of Copyrighted Objects by an expert organization. The procedure for entering information into the State Register of Copyrighted Objects, as well as the form of a certificate confirming the entry of information and changes thereto, are approved by the authorized body.

The State Register of Rights to Copyrighted Objects does not include information on the rights to works that serve (intended) to distinguish goods (services) of some individuals or legal entities from similar goods (services) of other individuals or legal entities.

1-1. Excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (effective after ten calendar days after its first official publication).

2. In the absence of any other proof, the author of the work is considered to be the person indicated as the author on the original or a copy of the work – the presumption of authorship.

The presumption of authorship applies exclusively to the author himself.

3. When publishing a work anonymously or under a pseudonym (except in cases where the author's pseudonym leaves no doubt about his identity), the publisher whose name or title is indicated on the work, in the absence of evidence to the contrary, is considered the author's representative in accordance with this Law and as such has the right to protect the author's rights and ensure their implementation. This provision is valid until the author of such a work reveals his identity and declares his authorship.

4. Excluded by the Law of the Republic of Kazakhstan dated 06/20/2018 No. 161-VI (effective three months after the date of its first official publication).

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

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