On accession of the Republic of Kazakhstan to the convention on the protection of the interests of Phonogram makers from illegal copying and reproduction of their Phonograms

Home / RLA / On accession of the Republic of Kazakhstan to the convention on the protection of the interests of Phonogram makers from illegal copying and reproduction of their Phonograms

Law of the Republic of Kazakhstan dated June 7, 2000 N 54-II

To accede the Republic of Kazakhstan to the convention on the protection of the interests of Phonogram makers from illegal copying and reproduction of their Phonograms, concluded in Geneva on October 29, 1971.

President Of The Republic Of Kazakhstan

Convention on the protection of the interests of Phonogram makers from illegal copying and reproduction of their Phonograms (entered into force on August 3, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

States Parties are concerned about the increasing circulation of illegally reproduced phonograms and, as a result, the losses caused to authors, artist performers and Phonograms creators; with the belief that the protection of the interests of phonograms creators from such acts is responsible for the interests of artists and authors of performances and works in the specified Phonogram subscription; recognizing the high value of the work done in this area by the United Nations on Education, Science and culture and the World Intellectual Property Organization; seeking not to infringe on the current international convention, including in any case not to contradict the Rome Convention of October 26, 1961, which provides for the protection of radio broadcasting bodies on an equal footing with artists-performers and producers of phonograms;:

Article 1

For the purposes of this convention: (a) a Phonogram is understood to mean any distinctive sound recording of sounds; (b) a Phonogram maker is an individual or legal entity that first recorded sounds on a Phonogram; (C) a copy carrier is understood to mean sounds recorded directly or indirectly from a Phonogram and that make up all or a significant part of the sounds recorded on that Phonogram; (d)

Article 2

Each state party undertakes to protect the interests of the producer of the Phonogram, who is a citizen of another state party, from the production of a copy of the Phonogram without the consent of the publisher and from the distribution of these copies between publications, if such a copy is carried out by the specified production for the purpose of each export or export

Article 3

The right to determine legal measures by the National Law of each of the participating states shall be exercised by this convention and shall be maintained by introducing one or more measures: protection by granting copyright or other exclusive rights; protection by law in respect of false competition; protection by criminal claim.

Article 4

The National Law of each of the participating States retains the right to determine the period of validity of the proposed protection. But if national law provides for a certain period of protection, then this period should not be less than twenty years, at the beginning or end of the year, that is, at the time of the first subscription of the Phonogram, or at the end of the year when it was first published.

Article 5

In the event that one of the participating states, in accordance with their national law, requires compliance with the legally established procedure as a requirement to protect the interests of Phonogram producers, these legally established procedures are carried out if the publication contains all permitted copies of the Phonogram distributed or a record with the year of its first release in the form of a special (R) symbol, i.e. it is clearly visible that this Phonogram is protected; if a copy or its cover does not identify the producer of the Phonogram, is not taken into account by the names, stamps or other marks of his heirs or the license holder, then the name of the producer of the record, his successor or the owner of the real license must be entered.

Article 6

Each of the participating states, providing protection by granting copyright or other exclusive right or by applying a criminal claim, may revise its national law restrictions on the protection of the interests of producers of phonograms, and the protection of the interests of authors of literary and artistic works of this nature is also allowed. But a compulsory license can only be revoked if the following requirements are met: a) only if the reproduction is intended for teaching or scientific research purposes; B) the license is suitable for reproduction only in the territory of the participating states, depending on whose competent authority issues the license, and the copy is not distributed for export; C) the renewal made in the presence of the license retains the right of fair remuneration determined by the specified authorities by the number of copies issued, as well as other calculations.

Article 7

1) this convention shall in no way be construed as a limit or prejudice to the protection of the interests of authors, artists, producers of phonograms or radio broadcasting bodies granted by national law or international convention. 2) The National Law of each of the participating states determines, if necessary, the scope of protection of the interests of performers, whose performances are recorded on phonograms, and they may also use such protection in these requirements. 3) none of the States Parties shall comply with the provisions of this convention in the territory of the said state in respect of recorded Phonograms prior to the entry into force of this convention. 4) each of the participating States, national Law of October 29, 1971. producers of phonograms protect their interests only on the basis of the original place of subscription, stating that this criterion is applied instead of the civil criterion of the producer by notification deposited with the Director General of the World Intellectual Property Organization.

Article 8

1) the International Bureau of the World Health Organization collects and publishes information related to the protection of phonograms. Each of the participating supporters reports all new laws and official texts on these issues to the bureau without delay. ( 2) at their request, the International Bureau shall provide information to any participating states on matters relating to this convention, as well as conduct research and provide services in order to facilitate the implementation of protection as provided for in this convention. 3) the International Bureau functions with the United Nations on Education, Science and culture as written in Paragraphs 1 and 2 above and with the labor organization in matters relating to their respective competence.

Article 9

1) this convention shall be deposited with the secretary-general of the United Nations. It remains open until April 30, 1972 for signature to any member states of the United Nations, from one of the specialized agencies associated with the United Nations, or to supporters of the International Atomic Power Agency or the statute of the International Court of justice. 2) Ratification or signing of this convention by its signatories. It is opened for the accession of any state to it, as referred to in Paragraph 1 of this article. 3) Acts of ratification, acceptance or accession shall be deposited with the secretary-general of the United Nations. 4) at the moment when a state is bound by this convention, it must be in a position to implement the provisions of this convention in accordance with its national law.

Article 10

No allegation shall be allowed in respect of this convention.

Article 11

1) this convention shall enter into force upon the expiration of three months after the deposit of the fifth act of ratification, acceptance or accession. (2) for each of the states that have ratified or adopted this convention or acceded to it, this convention shall enter into force three months after the deposit of the fifth act of ratification or accession to the convention by the director general of the World Association of sanatoriums, in accordance with paragraph 4 of Article 13, after the notification of the states that these states have deposited in the act. ( 3) each state may, at the time of ratification, acceptance or accession, or at any subsequent time, send a message to the secretary-general of the United Nations that this convention ensuring international relations is unique to all or applies to any territory. This message-letter comes into force three months after the deadline for receiving it. (4) but the above paragraph may in no case be construed as a sign of consent to silence or as the adoption by any member states of a specific rule, that is, on any territory in which this convention shall be extended to other member states by force under this paragraph.

Article 12

( 1) each state party has the right to deposit this convention by sending a written notification to the secretary-general of the United Nations, as stated in paragraph 3 of Article 11, either on its own behalf or on behalf of others, or on behalf of the entire territory. ( 2) depositing shall enter into force twelve months after the date of receipt by the secretary-general of the United Nations of the message referred to in the previous paragraph.

Article 13

1) one copy of this convention in English, Spanish, Russian and French shall be signed, and all text in four languages shall have the same power. 2) After consultation with the governments concerned, the director general of the World Health Organization will provide official translations in Arabic, Dutch, Italian, German and Portuguese. 3) the secretary-general of the United Nations shall notify the director-general of the World Health Organization, the director-general for Education, Science and culture of the nations and the director-general of the International Labor Organization of the following: (a) the signatory states of this convention; (B) acts approved, adopted or deposited on accession; (C) the term of entry into force of this convention; (d) any requests for a letter of notification sent in accordance with paragraph 3 of Article 11; (E) a letter of notification received that it has been canceled. 4) the director general of the World Corporate Property Organization shall notify the states referred to in Paragraph 1 of Article 9 of all messages received for entry into force in the higher paragraph, as well as applications entered into force in paragraph 4 of Article 7 of this convention. He also informs the director-general for Education, Science and culture of the United Nations and the Director-General of the International Labor Organization about these requests. 5) the secretary-general of the United Nations shall send the summarized copy of this convention in two appropriate forms to all states referred to in Paragraph 1 of Article 9. The following signatories have actually signed this convention, certifying their authority. Made in Geneva on October 29, 1971.

President

Republic of Kazakhstan

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