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

Home / RLA / 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.

In order to certify personal non–property rights to an unpublished work, the author has the right at any time during the term of copyright protection to enter the necessary information into the State Register of Rights to Copyrighted Objects (hereinafter referred to as the Register), in accordance with this Law.

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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