Article 2. The basic concepts used in this Law are the Law on Copyright and Related Rights

Home / RLA / Article 2. The basic concepts used in this Law are the Law on Copyright and Related Rights

The following basic concepts are used in this Law:

1) the author is an individual whose creative work has created a work of science, literature, art;

2) copyright - personal non-property and proprietary rights of the author;

3) a technical means of protecting copyright and related rights is a technical (software-technical) device or its components that control access to works or objects of related rights, preventing or restricting the implementation of actions that are not permitted by the author, the owner of related rights or another owner of exclusive rights in relation to works or objects of related rights;

4) a counterfeit copy of an object of copyright and (or) related rights is a copy of a work, recorded performance, phonogram, broadcast by broadcasting and cable broadcasting organizations, the production, distribution or other use of which entails a violation of copyright and (or) related rights by virtue of the provisions of this Law, or the norms of international treaties ratified The Republic of Kazakhstan. Objects of copyright and/or related rights that have been deleted or modified without the permission of the copyright holder, or that are manufactured using illegally used devices that circumvent technical means of protecting copyright and/or related rights, are also considered counterfeit.;

5) copyright agreement – an agreement, the subject of which is the transfer of property rights for the use of one or more objects of copyright. An author's agreement is a type of license agreement;

6) non-exclusive right - the right when other persons may simultaneously use works, performances, productions, phonograms, broadcasts of broadcasting and cable broadcasting organizations, having the appropriate permission of the author or other rightholder, except in cases established by this Law.;

7) exclusive right – the property right of the author and (or) other rightholder to exercise, permit and prohibit the use of the work and (or) the object of related rights in any way within the prescribed period;

8) accreditation is a procedure for the official recognition by an authorized body of the powers of organizations that manage property rights on a collective basis in the areas of collective management established by this Law.;

8-1) excluded by the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (effective from 01.01.2016);

9) database - a set of data (articles, calculations, facts, and others) representing, by selection and (or) arrangement of materials, the result of creative work, systematized in such a way that these data can be found and processed using an electronic computer (hereinafter referred to as a computer). The concept of a database does not apply to a computer program that can be used to electronically access database materials.;

10) an audiovisual work is a work consisting of a fixed series of interconnected frames or images (with or without sound accompaniment) intended for visual and auditory (in the case of sound accompaniment) perception using appropriate technical devices. Audiovisual works include cinematographic works and all works expressed by means similar to cinematographic ones (television and video films, filmstrips and slide films, and similar works), regardless of the method of their initial or subsequent fixation.;

11) producer of an audiovisual work is a natural or legal person who has taken the initiative and responsibility for the creation of such a work. In the absence of proof to the contrary, the producer of an audiovisual work is recognized as the person whose name or title is indicated on this work.;

12) recording - recording of sounds and (or) images, allowing their repeated perception, reproduction or communication using technical means in any material form.;

13) making available to the public - communication of objects of copyright and (or) related rights by wire or wireless means, in which the public can access them from any place and at any time of its own choice (in an interactive mode);

14) publication - offering to the public, with the consent of the author or another copyright holder, copies of a work, a recording of a performance or a phonogram in an amount satisfying the reasonable needs of the public.;

14-1) Internet resource – an electronic information resource displayed in text, graphic, audiovisual or other form, hosted on a hardware and software complex, having a unique network address and (or) domain name and functioning on the Internet;

15) communication to the public by cable - communication of a work, phonogram, performance, transmission of broadcasting or cable broadcasting organizations to the public by cable, wire, optical fiber or by similar means;

16) public performance - the performance of a work by recitation, playing, dancing or in any other way, including by technical means, in places where persons who are not family members are present or may be present.;

17) public display - showing the original or a copy of a work directly or in the form of a slide, film, or television screen using any other technical means or in any other way (in relation to an audiovisual work - showing individual frames out of sequence) in places where persons who are not family members are present or may be present;

18) reproduction (reprographic reproduction) – facsimile reproduction of works using any technical means, carried out not for publication purposes. Reproduction does not include the reproduction of a work or the storage of copies thereof in electronic (including digital), optical or other machine-readable form, except in cases where temporary copies intended for reproduction are created using technical means.;

19) reproduction – the production of one or more permanent or temporary copies of works or objects of related rights in any way and in any form, in whole or in part, directly or indirectly. Types of reproduction are the production of sound or video recordings, the production of one or more copies of a two-dimensional or three-dimensional work, reproduction (reprographic reproduction), as well as any permanent or temporary storage of works or objects of related rights in any material form, including in an open information and communication network.;

20) copyright holder - the author (his heirs) in respect of copyrights, the performer (his heirs), the producer of phonograms, the organization of broadcasting or cable broadcasting in respect of related rights, as well as other natural or legal persons who have obtained the exclusive right to use the work and (or) the object of related rights under a contract or other basis, provided for by this Law;

21) rights management information - information that identifies the work, the author of the work, the performer, the performer's performance, the producer of the phonogram, the phonogram, the holder of any right to the work, performance or phonogram, or information about the conditions of use of the work, performance or phonogram. Information on rights management also means any numbers or codes in which such information is provided, when any of these information elements is attached to a copy of a work, recorded performance or phonogram, or appears in connection with the communication of the work or message and (or) bringing the recorded performance or phonogram to the public.;

22) composite work - a collection (encyclopedia, anthology, database) of works and other materials representing, by selection and (or) arrangement of materials, the result of creative activity;

23) performance - the presentation of a work, phonogram, performance, production through playing, singing, dancing in a live performance or using any technical means (television and radio broadcasting, cable television, etc.), as well as the showing of frames of an audiovisual work in their sequence with or without sound accompaniment;

24) performer - an actor, singer, musician, dancer or other person who plays a role, sings, reads, recites, plays a musical instrument, interprets or otherwise performs works of literature and (or) art (including a variety, circus or puppet show) or works of folk art, as well as the director of the play and the conductor;

25) user - a natural or legal person who carries out or organizes the use of objects of copyright and related rights;

26) rental - provision of a copy of a work or phonogram for temporary use for the purpose of obtaining direct or indirect commercial benefits.;

27) related rights - the property rights of the performer, phonogram producer, broadcasting and cable broadcasting organization, and the personal non-property rights of the performer;

28) a work of decorative and applied art is a two-dimensional or three-dimensional work of art transferred to objects of practical use, including a work of art craft or a work manufactured industrially.;

29) stage director - a person who has staged a theatrical, circus, puppet, variety or other performance (performance);

30) translation of a work is the expression of a work in a language other than the language of the original work. At the same time, the translation must be reliable and not distort either the content or the style of the original work.;

31) a copy of a work is a copy of a work made in any material form, including one contained in an open information and communication network;

32) publication of a work is the performance, with the consent of the author, of an action that makes the work available to the public for the first time through its publication, public display, public performance, public disclosure and other means;

33) reworking of a work is the change of an original work from one genre to another. In this case, the types of processing of the work are staging, staging and arrangement of the original work.;

34) a derivative work is a work that is created as a result of creative processing of another work.;

35) authorized body - a state body designated by the Government of the Republic of Kazakhstan and carrying out state regulation in the field of copyright and related rights;

36) phonogram is a sound recording of performances or other sounds, as well as the representation of sounds in any form, with the exception of recordings included in an audiovisual work.;

37) a copy of a phonogram is a copy of a phonogram on any material medium, including one contained in open information and communication networks, made directly or indirectly from a phonogram and including all or part of the sounds recorded in this phonogram.;

38) producer of a phonogram is a natural or legal person who has taken the initiative and responsibility for the first sound recording of any performance or other sounds.;

39) a work of folk art is a work that includes characteristic elements of traditional artistic heritage (folk tales, folk poetry, folk songs, instrumental folk music, folk dances and plays, artistic forms of folk rituals, etc.);

40) a computer program is a set of commands expressed in the form of words, diagrams or in any other form of expression, when recorded on a machine-readable material medium, the computer performs or achieves a specific task or result, including preparatory materials, the nature of which is such that the computer program is their result at a later stage.;

41) decompiling a computer program is a technical technique that involves converting object code into source text in order to study the structure and encoding of a computer program.;

42) adaptation of a computer program or database - making changes to computer programs or databases carried out solely for the purpose of ensuring the functioning of a computer program or database on specific technical means of the user or under the control of specific user programs;

43) modification (processing) of a computer program or database - any changes to a computer program or database that are not adaptations;

44) broadcasting - the communication of works, performances, productions, phonograms, broadcasts of broadcasting or cable broadcasting organizations for general information (including display or performance) through their transmission on radio or television (except for cable television). When broadcasting works, performances, productions, phonograms, broadcasts of broadcasting or cable broadcasting organizations via satellite, broadcasting means the reception of signals from a ground station to a satellite and the transmission of signals from a satellite, through which works, performances, productions, phonograms, broadcasts of broadcasting or cable broadcasting organizations can be made publicly available regardless of their actual reception by the public. Transmission of encoded signals is considered broadcasting if the decoding means are provided to the public by the broadcasting organization or with its consent.;

45) subsequent broadcasting - the transmission of works or objects of related rights previously broadcast or made publicly available via cable;

45-1) broadcasting and cable broadcasting organizations - individuals and legal entities that carry out broadcasting and (or) cable communication of television, radio channels, television, radio programs (television, radio broadcasts), including works, performances, productions, phonograms. Communication over the air and (or) by cable is carried out through analog on-air, multi-channel broadcasting (digital on-air, satellite, cable TV and radio broadcasting);

46) transmission of an on-air or cable broadcasting organization is a transmission created by the on-air or cable broadcasting organization itself, as well as by its order at the expense of its funds by another organization.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 07/10/2009 No. 179-IV (for the procedure of entry into force, see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 01/12/2012 No. 537-IV (effective after ten calendar days after its first official publication); dated 01/18/2012 No. 546-IV (effective thirty calendar days after its first official publication); dated 04/07/2015 No. 300-V (effective after ten calendar days after the date of its first official publication); dated 11/24/2015 No. 419-V (effective from 01.01.2016); dated 06/20/2018 No. 161-VI (effective ten calendar days 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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