Exclusive Property Rights of the Right Holder
In accordance with Article 16 of the Law of the Republic of Kazakhstan "On Copyright and Related Rights" (hereinafter referred to as the Law):
The author or other right holder has exclusive property rights to use the work (clauses 1, 2).
This right includes the ability to permit or prohibit the use of the work in any form, including through distribution.
Any use of the work without the consent of the right holder entails legal liability.
Thus, if LLP "M HV" distributed books without the proper authorization from the legal heir, this may constitute a copyright infringement.
Judicial Practice:
According to Normative Resolution No. 11 of the Supreme Court of the Republic of Kazakhstan dated December 25, 2007, "On Certain Issues of the Application of Legislation on Copyright and Related Rights," unlawful use of works is protected under civil, administrative, and criminal law.
Term of Copyright Protection: Impact of the Author’s Rehabilitation
Article 28 of the Law establishes a general term of protection of 70 years after the author’s death. However, clause 7 of Article 28 contains an important provision:
If an author was repressed and subsequently rehabilitated posthumously, the term of protection begins on January 1 of the year following the year of rehabilitation.
Application to the Works of M.Y. D:
M.Y. D was repressed in 1935.
Rehabilitation occurred in 1988.
Accordingly, the 70-year copyright protection period began on January 1, 1989, and ends on December 31, 2058.
This means that the rights of heirs remain in effect and may be violated if books are illegally distributed.
Example from Judicial Practice:
In the case of "Sharipov v. LLP 'Kitap Publishing House' (2019)," the court confirmed that works by repressed and rehabilitated authors are protected under the special rule of Article 28 of the Law.
Obligation to Compensate Damages and Pay Royalties
According to clause 5 of Article 16 of the Law, any user of a work is obligated to pay remuneration to the author or their heirs in accordance with the copyright agreement.
If LLP "M HV" distributed books without the heir’s consent, this may constitute:
Unjust enrichment (Article 951 of the Civil Code of the Republic of Kazakhstan) – the use of another’s intellectual property without compensation.
Violation of exclusive property rights – entails administrative and civil liability (Article 125 of the Civil Code of the Republic of Kazakhstan).
Judicial Practice:
The Supreme Court of the Republic of Kazakhstan, in Normative Resolution No. 11 dated December 25, 2007, clarified that unlawful use of works entails:
Compensation claims of up to 1,500 Monthly Calculation Indexes (MCI).
Prohibition of further distribution.
Possible Legal Consequences for LLP "M HV"
If the company used works without a copyright agreement with the heir, the following sanctions are possible:
Civil Liability (Civil Code of the Republic of Kazakhstan)
Under Article 125 of the Civil Code of the Republic of Kazakhstan, the author or right holder may demand:
Cessation of unlawful use.
Compensation for damages incurred.
Compensation for moral harm.
Administrative Liability (Code of Administrative Offenses of the Republic of Kazakhstan)
Article 158 of the Code of Administrative Offenses of the Republic of Kazakhstan provides for a fine of up to 500 MCI for copyright violations.
Criminal Liability (Criminal Code of the Republic of Kazakhstan)
Article 198 of the Criminal Code of the Republic of Kazakhstan:
Illegal use of copyrighted objects on a large scale (damage exceeding 1,000 MCI) may result in a fine of up to 3,000 MCI or imprisonment for up to 3 years.
Judicial Practice:
In the case "Copyrights to the Books of S. Mukanov v. LLP 'Almaty Publishing House' (2017)," the court ruled that:
The publishing house paid 10 million tenge in compensation to the heirs.
All illegal copies of the books were confiscated.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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