THE LAW OF THE REPUBLIC OF TAJIKISTAN 
 
ON THE COPYRIGHT LAW AND RELATED RIGHTS  (the Law of the Republic of Tajikistan as in force  from August 1, 2003,  N 27, from March 3, 2006 №162 ) 
                       SECTION I. GENERAL PROVISIONS        Article 1. Subject of Regulation   This Law shall regulate relationships arising in c onnection with the creation and use of the 
scientific, literary and artistic works (copyrigh t), phonograms, performances and programs of 
broadcasting or cable distribution org anizations (related rights).  
      Article 2. Legislation of the Republic of Tajikistan on the Copyright and Related Rights 
 The legislation of the Republic of Tajikistan on the copyright and related rights is based on the 
Constitution of the Republic of Tajikistan and comprises this Law, other laws, legislative and other 
normative acts adopted in accordan ce with this Law, as well as international agreements recognized 
by Tajikistan.        Article 3. Basic Definitions Used in this Law   
The following definitions shall be used in this Law:  
1) Author – a physical person, whose creativity brought about the creation of a work;   
 2) audiovisual creation – a work comprising fixed series of int erconnected images (with or without 
accompanying sound) for visual and aural (whe n with accompanying sound) perception using 
relevant technical devices; audiovisual works include cinematographic and all works expressed by 
means comparable to cinematography: televisi on movies, video films, fixed projections, slide 
shows, etc., regardless of the manne r, in which they are initially or subsequently fixed;  
 3)database – block of data in machine readable or othe r form, which, by selection or layout, 
represents the result of intellectual art. The conce pt of database does not apply to software for 
computers, which can help in accessing database materials (the Law of RT No. 27 as in force on 
August 1, 2003); 
 4) Reproduction of a work – production of one or more copies of  a work or of a part of a work in 
any material form, including in the form of audio or video record; Reproduction shall also mean recording of a work for permanent or temporary storage in machine-
readable form, as well as input in internal or external computers;  5) phonogram – any exclusive audio record of performanc e or other sounds, or their imaging, apart 
from audio record included in audiovi sual work (the Law of RT No. 162 as in force from March 3, 
2006); 
 6) reproduction of a phonogram – production of one or more copies of phonogram or its part on any 
material media, including perma nent or temporary storage in the computer memory or other 
computer devices (the Law of RT No. 162 as  in force from March 3, 2006);  7) record – fixing of sounds and/or depiction or their images  with technical aids in any material form 
that allows repeated comprehension, reproduction or  communication (the Law of RT No. 162 as in 
force from March 3, 2006);  8) producer of audiovisual work – a physical person or a legal entity, who took the initiative of and 
responsibility for production of such work;  in the absence of proof, a person named in the 
customary manner on an audiovisual work, shall be recognized as the producer of that work;  
9) phonogram producer – a physical person or a legal enti ty, who took the initiative of and the 
responsibility for the first sound record of any pe rformance or of other sounds, or imaging sounds; 
in the absence of proof, the person named in the customary manner on the phonogram or on the 
sleeve or inlay card, shall be considered the producer of the phonogram (the Law of RT No. 162 as 
in force from March 3, 2006);   10) exclusive right – the right that belongs to the author (authors), who created a work, when no 
other person can use the work without a relevant pe rmit/license, except for the established by the 
Law;   11) execution – presentation of a creation, sound record, work, production through live playing, 
singing, dancing with some technical facilities (TV broadcasting, cable TV, etc.); projection of 
audiovisual images in consecutive order (with or without sound);        12) performer – an actor, a musician, a dancer, or an y other person who performs, sings, declaims, 
plays on a musical instrument or otherwise presents a literary or artistic work (including a variety 
turn, circus act, or puppet show), or expression of folklore, as well as the producer of show and 
orchestra conductor (the Law of RT No. 162 as in force from March 3, 2006);  
 13) holder of copyright and related rights:       - author or executor lodged with copyright or related rights;       - a physical person, other than the author, or a legal entity when initially such a physical person 
or a legal entity are lodged with the property rights;  
     - a physical person or a legal entity, to whom the property rights were lodged or transferred in 
succession of inheritance or succession in title;        14) publication (release) – issue of publication of works or  phonogram with the consent of the 
author or other possessor of copyright and related rights in the quantity sufficient for satisfaction of 
public demand; publication shall also mean providi ng legal access to the work or phonogram 
through electronic media;   15) over-the-air transmission – communication of works, sound recor ds, performances, transmission 
of on-air broadcasting or  cable casting for public infor mation (including demonstration or 
performance) through their transmission via radio or TV (with the exception of cable TV). During 
the transmission of a work, sound record, performance, transmission of on-air broadcasting or cable 
casting through the satellite and transmission of  signals from satellite, through which works, sound records, performances, broadca stings via on-air or cable casti ng can be communicated to public 
regardless of actual reception by public;  
 16) transmission of on-air broad casting or cable casting – broadcasting arranged by the organization 
of on-air or cable casting, as well as on re quest at its expense by another organization; 
 17) demonstration of a creation (work) – demonstration of the original or copy of creation directly 
or on screen with a film, transparency, television image or through other technical means, as well as 
demonstration of separate images of audiovisual creation without consequence.  
  18) software for computers – aggregate instructions expressed in words, codes, symbols, signs, 
diagrams or in other form, which can be used in comput er or other computer devices in order to 
reach a result. This concept covering both operat ional and application system expressed in the 
source code or compiled code, including prep aratory materials and audiovisual imaging received in 
the result of software development shall not apply to the concept “database”;  
 19) public demonstration (performance) – any demonstration of the or iginal or copy of works, 
performance, execution of broadcasti ng directly, either on screen with a film, slide, image, or other 
devices or processes, in a place or places, wher e the performance can not be perceived without the 
need to do communication, and where presence can be possible of persons who don’t belong to a 
usual family of the author or closest family acqu aintances, regardless of their presence in one or 
different places and at different times;   20) public presentation of audiovisual work – demonstration of certain images of audiovisual works 
out of consequence; 
 21) reproduction (reprographic reproduction) – facsimile reproduction in any size and in one or 
more original copies, or copies of written or ot her graphic works through photocopying or with 
other technical aids, other than publication; reprog raphic reproduction shall not include storage or 
reproduction of these copies in e lectronic (including digital), optical or other machine readable 
form;  22) rental – making an original or copies of a work or phonogram available for direct or indirect 
commercial profit;   23) communicate – show, perform, broadcast or engage in any other act (with the exception of 
distribution of copies of the work or phonogram)whe reby the works, phonograms, performances or 
programs of broadcasting or cable distribution or ganizations are made available or visible, whether 
or not they are actually perceived by the public;  24)communicate to the public by cable – communicate works, phonograms, performances or 
programs of broadcasting or cable distribution organizations to the public by cable, wire, optic fiber, 
or comparable means;  25) communicate to public for interactive use – communicating works or objects of related rights to 
public in such a way that public can access them from any location and at any time on their own 
choice;  
 26) information on managing rights – any information provided by possessors of rights, which 
identifies a work or other object protected by this Law, author or any other possessor of rights, or 
information on the terms of use of the work or any other object, and any figures and codes 
containing such information, at that any such elements of information are specified in the copy of a work or any other object protected by this Law, or arise in conn ection with a message or 
communication of such a work or object for public;  27) technical means for protection of copyright and related rights – any effective technical devices 
and their components controlling access to the works or objects of relate d rights preventing or 
limiting actions regarding works or objects of related rights, which are allowed by possessors of any 
right protected by this Law;   28) reflection of a sound or an image – digital form of reflecting a sound or an image with relevant 
technical devices (the Law of RT No. 162 as in force from March 3, 2006).  
  SECTION II. COPYRIGHT        Article 4. Coverage of Copyright   Pursuant to this Law the copyright shall extend to:  1) works, authors of which are the citi zens of the Republic of Tajikistan;  
 
2) works for the first time published in the territory of the Republic of  Tajikistan (including works 
for the first time published in the Republi c of Tajikistan 30 days afte r the date of first publication in 
other states) (the Law of RT No. 27 from August  1, 2003) or unpublished, in objective form in the 
territory of the Republic of Tajikist an, regardless of the citizenship of permanent place of residence 
of their authors;   3) works protected in the territory of the Republic of Tajikistan pursuant to the international legal 
acts recognized by the Republic of Tajikistan. In t his case works of possessors of rights from foreign 
states, who are participants of interna tional legal acts recognized by  the Republic of Tajikistan, shall 
enjoy protection in Tajikistan, whic h the Republic of Tajikistan shall pr ovide to its citizens (national 
regime) (the Law of RT No. 162 as  in force from March 3, 2006).  
 
In accordance with inte rnational agreemen ts recognized by Tajikistan  provision of protection 
of a work within the territory of Tajikistan shall be carried out w ith regard to works, which 
did not become the public domain in the country of origin of a work as a result of expiration of 
term of validity of a copyright in such a country and which did not become the public domain 
in the Republic of Tajikistan as a result of the expiration of a term of validity of a copyright 
previously provided. However, the term of valid ity of a copyright within the territory of 
Tajikistan cannot exceed the term of validity of a copyright establish ed in the country of origin 
of a work. 
 
 
 
 
 Article 5. Subjects to Copyright. General Provisions  
 
Copyright shall extend to scientific, literary and artist ic works being the result of  creative activity, 
regardless of the purpose and mer it, and of the manner of expr ession thereof. Works must be 
expressed in any objective form:   1) written (manuscript, typewritten text, musical score, etc.; 
2) oral (public recitation, public performance, etc.) ; 3) sound or visual record (mechanical, magnetic, digital, optical, etc.) 
4)  figurative form (drawing, sketch, painting, plan, industrial design, still picture from a cinematographic or television or  video film, photograph, etc.); 
5) three-dimensional form (sculptur e, model, mock-up, structure, etc.); 
6) other forms that allow perception of works. 
 
Copyright shall not cover ideas, methods, processes, sy stems, approaches, c oncepts, principles, 
discoveries, facts. T he copyright in a work is independent of the ownership of the material objec t, in which the work is 
expressed.  Transfer of the ownership of the material object shall not in itself entail transfer of any copyright in 
the work embodied in that object.   Article 6. Works Subject to Copyright 
 
Copyright subjects shall be:  1) verbal works (speech es, lectures, reports, etc.) 
 2)literary works (literary-artistic, sc ientific, instructional, political essays, etc., including all types of 
software, including application software and operationa l systems, which can be expressed in any 
language and any form, including reference text and compiled code) (the Law of RT No. 162 as in 
force from March 3, 2006);   3) dramatic and dramatic-musical  works, works with scenario;  
 
4) choreographic wor ks and pantomime; 
 5) musical works with or without accompanying text;  6) audiovisual works;  7) works of painting, sculpture,  ornamental art and crafts, gr aphic and design works, cartoon strips 
and other works of figurative art;  8) works of architecture, urban planning, and park and garden design; 
 
9) photographic works and works obtained by processes analogous to photography; 
 10)geographical, geological and other maps, pla ns and sketches, and plastic works related to 
geography, topography and other sciences; 
 11) derived works (translations, adaptations, annotations , research reports, resume, reviews, staging, 
and other adaptations of scientific, li terary and artistic works; 
 12) collections (encyclopedias, anthologies, databa ses) and other composit e works, which represent 
the result of creative work and come within th e criteria named in the Article 5 of this Law; 
 
13) parts of a work (including its name, char acters and other elements) which meet the 
requirements of paragraph 1 of Article 5 and which may be used independently. 
 
Derived works and composite wor ks shall be protected by the copy right law whether or not the 
works, on which used as basis or which they inclu de, are protected by the copyright.  
 Article 7. Works not Covered by Copyright   The following shall not be covered by copyright:  1) official documents (laws, court dec isions, other texts of legislative,  administrative or judicial 
nature) and official translations thereof;  2)state emblems and officia l signs (flags, coat of arms, hymn, decoration, national currency and 
other state symbols) the Law of RT No. 27 as in force from August 1, 2003); 
 
3) communications concerning eve nts and fact of informational nature; 
 4) works of folklore.    Article 8. Subjects to Copyright   Authors shall be subjects to copyright.     A person named in publication of the work indicated as the author on the copy of the published 
work, on the manuscript or on the original work of art shall be considered the author. 
 
Article 9. Emergence of Copyright. Presumption of Authorship  Copyright on scientific, literary and artistic work shall e merge by virtue of the fact of its creation. 
The origin and exercise of copyright shall not require  either registration, special registration of the 
work, or any other act of formality.  In order to have his rights reco gnized, the possessor of exclusive copyright shall have the right to 
use a copyright protection sign put on every copy of the work and comprise the following three elements: 
 
 
 1) a circled Latin letter C: ©; 
  
2) the name (the title) of the possessor of exclusive copyright;   3) the year of first appearance of the work.   In the absence of proof to the contrary, the pe rson, whose name is indicated on the original or on the 
copy of the work, shall be  deemed the author thereof.  
 When a publication of a work is anonymous or pseudonymous (unless  the author’s pseudonym 
doesn’t  cause any doubt), the publisher, whose name or  title are indicated on the work, in the 
absence of proof to the contrary, shall be presumed to represent the author and, in that capacity, 
shall be empowered to defend and exercise the author’s rights. This prov ision shall remain in force 
until such time as the author of the work reveals h is identity and claims copyright of the work.  
 Possessors of copyright or persons having some exclusi ve copyright to a work, for acquisition of a 
copyright certificate to a published or unpublished work, on a fact or a date of publication of the 
work or on contracts regarding the copyright to a work, at any time during the protection of 
copyright, can register the wor k according to the procedure determined by the body authorized by 
the Government of the Republic of Tajikistan in the ar ea of copyright and related rights protection 
(hereinafter – authorized body).  
 A person possessing a material object refle cting a work cannot impede registration of a work by 
person, who possesses a copyright.  
 
 Article 10. Co-authorship          A copyright in a work that is the product of joint creative work of two or more persons (co-
authorship) shall belong jointly to the co-authors, whe ther or not such a work constitutes an 
indivisible whole or is composed of parts, each with a relevance of its own.   A part of a work shall be deemed to have a re levance of its own if it can be exploited independently 
of other parts of the same work.   Unless otherwise agreed between the co-authors, each  co-author shall retain his/her own property 
and non-property right on the part of the work he/she created with a relevance of its own.  
 
Persons, who solely provided the author with tec hnical, organizational, fi nancial or other 
assistance, since it is not creative activity, sh all not be recognized as co-authors. 
 
Relationships between co-authors may be subject to an  agreement between them. In the absence of 
such an agreement the copyright in a wor k shall be implemented by all authors jointly and 
remuneration shall be allocated in equal parts.  If a work of co-authors constitutes  one indivisible whole, none of the co-authors shall be entitled to 
prohibit exploitation of the work without a valid reason.  
 Unless otherwise provided for in  the agreement made by and between the co-authors, any of 
co-authors shall have the r ight to take measures associated w ith protection of rights to the 
work of co-authors provided fo r in this Law and other norm ative and legal acts in his/her 
name, even without obtainin g permission of ot her co-authors. The co -author who takes such 
measures shall inform  the other co-authors.  
 
Article 11. Copyright of Compilers of Composite Books and other Composite Works 
 The author of a composite book and other composite work (compiler ) shall enjoy copyright in the 
selection or arrangement of subject matter that re present the result of creative work (compilation). 
The compiler shall enjoy copyright subject to re spect of the rights of the authors of each work 
included in the composite work. Authors of works included in the composite book shall enjoy the 
right to exploit their works independently of the composite work unless the author’s contract 
provides otherwise. 
 Copyright in composite books that are not subject to someone’s copyright, such as: laws, court 
decisions, other official documents, historical acts and monuments,  other works not protected by 
copyright, shall belong to compilers of c omposite works, unless the works included in the composite 
book were subjected to independent pro cessing or systematization.  
Copyright of compilers shall not impede other persons to perform indepe ndent selection or 
placement of the same materials for creation of their composite works. 
 The exclusive right to exploit encyclopedias,  encyclopedic dictionaries, periodical and run-on 
scientific publications, newspapers, magazines, and other periodical publications shall belong to the 
publisher thereof. The publisher shall have the ri ght to mention his/her name or to demand such 
mention whenever the said publications are exploit ed. Unless otherwise is provided by the author 
agreement, the authors of the works included in such  works shall retain the exclusive right to exploit 
their works independently of the p ublication of the whole work. 
  Article 12. Copyright of Translators and Authors of Other Derived Works. 
 Translators and other authors of  derived works shall enjoy copy right in translations, adaptations, 
arrangements or any other transformations.   The translator and the author of any other derive d work shall enjoy the copyright in the work they 
created, subject to the rights of the author of the work that they translated, adapted, arranged or 
otherwise transformed.  
 The copyright of translators and authors of other derived works shall not restrict other persons in 
making their own translations and transformations of the same works. 
  Article 13. Copyright in Audiovisual Works      The following shall be recognized as authors of audiovisual works: 
director of production; 
  the author of scenario; 
the author of musical work (with or without words) that has specially created for this 
audiovisual work (composer). 
      Entering a contract for the making of an audiovi sual work shall entail assignment by the authors of 
this work of the exclusive rights for re production, dissemination, public performance, 
communication by cable, broadcasting, or any ot her public communication of the work, as well as 
producing subtitles and duplicating of audiovisual wor k text to the producer of the audiovisual work, 
unless otherwise provided in the contract.   The said rights shall be valid throughout the validity of the copyright in audiovisual works.  
The producer of audiovisual work shall have the right to mention his/her name or title at any 
exploitation of this work, or demand to mention his/her name/title.   In the case of public performan ce of audiovisual work, the author of a musical work (with or 
without words) shall reserve the right to remuneration for the public performanc e of his/her musical 
work. Authors of works const ituting part of audiovisual work as earlier existing (author of a novel, 
based on which scenario was writ ten, etc.), or created during making audiovisual work (photography 
director, artistic director, etc.)  shall each enjoy copyright in his/her work.  
 Article 14. Copyright in a Service Related Work  Personal non-property rights shall belong to the author of a work cr eated due to performance of 
official duties or official tasks (service related work) (the  Law of RT No. 27 as in force from August 
1, 2003).  Exclusive rights to exploit service-related work shall belong to the person, with whom the author is 
bound by employment contract (employer), unless otherwise provided in the contract between the 
said person and the author. 
 If, within three years after the transfer of a work  to the person, who ordered the work, such a person 
does not exploit the work, all the rights to use the work shall transfer to the author. 
 The size of remuneration for each form of use of  service related work and procedure of payment 
shall be specified in the contract between the author and the employer.  The employer shall have the right to indicate his/her name at any exploitation of a service related 
work, or require mention of his/her name. Provisions of the part six of  the Article 11 of this Law 
shall not apply to creation due to official duties or office tasks of the employers issuing 
encyclopedias, encyclopedic dictionaries, periodic and continued c ompilations of scientific works, 
newspapers, magazines, and other periodicals stipulated thereof.  
 Article 15. Personal Non-Property Rights of Authors  The author shall enjoy the following non-p roperty rights related to his/her work: 
 1) the right to be recognized as the a uthor of the work he/she created (copyright); 
2) the right to exploit or to permit exploitation thereo f  mentioning the name of the author, 
pseudonym, or without mentioning any name, i.e., anon ymously (the right on name);      
3)    the right to disclose or allow disclosure of a work in any form (the right to disclose), including 
the right to cancel; 
4) The right to protect works, including the title ther eof, against any distortion or other trespass that 
can prejudice credit and merit of the author (the right to protection of the author’s reputation);  5) The right to inviolability of the work. 
  
The author shall have the right to forgo an earli er decision on disclosure of a work (the right to 
withdraw) provided that the user is c ompensated for the damage caused by such a decision. If a 
work was already disclosed, the author shall be obliged to make the said withdrawal known to 
public. At that, the author shall withdra w copies already in circulat ion at his/her own expense. The 
provisions of the part two of this Article shall not apply to the creation of service related works.  
 Personal non-property rights shall belong to the author regardless of his/he r property rights and shall 
retain when the exclusive right to exploit the work is assigned.   Article 16. Property Rights of Authors  
The author shall enjoy exclusive  rights to use his/her works in any form and by any means, i.e., 
perform or authorize the following actions: 
1) reproduction of works (the right of reproduction); 
2) disseminate copies of works by any means: sell , rent, etc. (the right to disseminate); 
3) import copies of works with the purpose of  dissemination, including copies produced with 
the permission of the possessor of exclusive copyright (the right to import); 
4) presentation of works in public (the right of public presentation); 
5) performance of works in public (the right of performance in public); 
6) communicate works (including de monstration, performance or broadcasting) for public 
information via broadcasting and/or following broad casting (the right of broadcasting); 
7) communicate works (including de monstration, performance or broadcasting) for public 
information via cable, wires or with other an alogous means (the right of public 
communication via cable); 
8) translation of works (the right to translate); 
9) adaptation, arrangement or other transformation of works (the right of adaptation); 
10)  communicate to public for interactive use (the  right of public communication) (the Law of 
RT No. 162 as in force from March 3, 2006). 
 
The exclusive right of the author to use designe r, architecture, urban planning and garden design 
projects shall also extend to practical implemen tation of such projects. Authors of the approved 
architectural projects shall have the right  to require that the client provides the right to participate in 
implementation of his/her project during development of documentation for construction and during 
construction of a building or structure, unless otherwise provided in the agreement.  
 
Where copies of lawfully published works are put into circulation by means of sale, their further 
dissemination shall not require consent of the author or other possessor of copyright, or payment of 
remuneration to the author, but with the compulsory indication of the author’s name. At  that, 
regarding audiovisual works, computer software, databa ses, musical works in the form of musical 
notation, and works in the form of phonogram, authors and other copyright possessors shall retain 
the right to rent originals or copies of such works regardless of accessory of the property right on 
originals or copies for rent.    Authors shall be entitled for  awards for every form of exploitation of their works (the right of 
remuneration). The amount and procedure of calculation of remuneration for every form of 
exploitation of works by other persons shall be defined in the copyright agreement, as well as in contracts entered into by organizations in charge of managing authors ’ joint property rights with 
users (the Law of RT as in force from March 3, 2006).  
  The rights stipulated in the fist and second parts  of this Article shall be subject to limitations 
specified in the Articles 19-21, 24, and 39 of  this Law given that such limitation do not cause 
unjustifiable damage to normal use of works and do not cause unjustifiable infringement of authors’ 
legitimate interests.   Article 17.      Term of Copyright   Copyright shall have effect throughout the lifetime of the author, shall be in herited and have effect 
for 50 years after the author’s death, except as provided in this Article.  
 
The author’s right to claim authorship, the right on na me and the right to protection of reputation 
shall be protection without any limitation in time.   According to legal procedures, the author shall have the right to appoint a person authorized to protect copyright, the right on name, and the right to protection of reputation after death. Such a 
person shall fulfill his/her mandate throughout life.  Where no such person is appointed, protection of the copyright, the right on name, the right to 
protection of reputation shall be ensured by the author’s heirs , or by an authorized agency in the 
absence of hei rs or when the heirs’ copyright lapsed.        
 
Copyright in a work created by joint authorship shall have effect for the whole life of authors and 
fifty years after the death of the  author, who survived other co-authors.  
 Copyright in a work published anonymously or under a pseudonym, shall have effect for fifty years 
following the date of the lawful disclosure thereof. If, in  the course of that period, the author of 
anonymous or pseudonymous work reveals hi s/her identity, or if that identity is no longer in doubt, 
provisions of the part one of this Article shall apply.  Copyright in a work published for the first time during thirty years after the death of the author shall have effect for fifty years foll owing the lawful publication of the work. 
 Any period under this Article shall be calculated as fr om January 1 of the year following the year, in 
which the legal act occurred that marks the starting point of the period. 
 When protection is provided for a work pursuant to the international legal acts recognized by the 
Republic of Tajikistan, term of copyright protection cannot exceed the term set in the country of origin of the work (the Law of RT No. 162 as in force from March 3, 2006). 
       Статья 18. Copyright Post-Expiration Effects                                 
 Expiry of the effective term of copyright in a work shall mean the falling of such a work to public 
domain.      
 Works that were never protected in the territory of the Republic of Tajikistan shall also be 
considered as fallen under the public domain.  
 Works fallen under the public domain can be free ly used by any person without any payment or 
royalty. At that, the copyright, the right on name, and the right to protection of reputation envisaged in the Article 15 of this Law shall be observed. 
 The Government of the Republic of Tajikistan shall ha ve the right to specify royalty for the use of 
works that fall under the public domain in the ter ritory of the Republic of Tajikistan, which shall be 
transferred to the professional funds of authors, as well  as to organizations administering property 
rights of authors on collective basis. The size of such royalty cannot exceed one percent of the profit 
received for the use of such works (the Law of RT No. 162 from March 3, 2006).   
Article 19. Reproduction of Wo rks for Personal Purposes without Consent of Authors and Payment 
of Royalty   Reproduction of other authors ’ lawfully published works without consen t of the author or other 
copyright possessor without payment of royalty for personal purposes shall be allowed given that no damage is caused to normal exploitation of the work and legal interests of the author are not violated, except as provided by the Arti cle 39 of this Law.         
      Provision of this Article shall not apply in the following cases:  
     1) reproduction of the architectural wor ks in the form of buildings and analogous structures;  
     2) reproduction  of database or its material parts;  
     3) reproduction of computer software, with the exception of cases stipulated in the Article 24 of 
this Law;       4) reproduction of books (full  reproduction) and musical notation;  
     5) any unauthorized reproduction communicate d to public for interactive use (the Law of RT No. 
162 as in force from March 3, 2006).   Article 20. Exploitation of Works without Authors’ Consent and without Payment of Royalty  but 
with Compulsory Indication of the Author’s Name and Source of Borrowing  
  The following shall be allowed without consent of the author or any other copyright possessor and 
without payment of royalty but with compulsory indi cation of the name of the author, whose work is 
exploited, as well as the source of borrowing: 
  
1) Quotation from legally published works in the volume justified by the quotation purpose, 
including reproduction of extracts from newspaper and magazine articles in the form of press 
reviews in the original and in the translation  for scientific, research, polemic, criticism, and 
information purposes;   2) Use of legally published works and extract s as illustration in publications, in radio and television 
broadcasting, audio and video records for tr aining in the volume justified by the purpose;  
  3) Reproduction in press, broadca sting or cable casting for public information of articles on current 
economic, political and religious issues, or broad casted works of the same nature legally published 
in newspapers or magazines when such reproducti on, broadcasting or cable casting were not 
specifically prohibited by the author; 4) Reproduction in press,  broadcasting or cable casting for  public information of publicly delivered 
speeches, appeals, reports and other an alogous works in the volume justified by information 
purpose. At that, the author shall retain the rig ht of publication of such works in composite books; 
 5) Reproduction or communication for public information of works, which become visual or audible 
in the course of such events by the means of pho tography, broadcasting, or cable casting in the 
volume justified by information purposes. At that, the author sha ll retain the right for publication of 
such works in composite books.  6) Reproduction of legally publi shed works without deriving a profit by means of point system or 
other special ways for the blind, except for the wo rks especially created for such reproduction; 
 7)  Reproduction of one copy  without derivation of profit of: 
a) legally published work by libraries and archives for restoration, replacement of lost or 
damaged copies, providing of copies to other libraries that lost works from their funds for 
certain reasons, if rece iving such copies is not possible by other ways; 
 b) some articles and small works legally publi shed in composite books, newspapers and other 
periodical publications, short extracts from le gally published paper works (with or without 
illustrations) by libraries and archives at the  request of physical persons for education and 
research purposes; 
 c) some articles and small works legally published  in composite books, newspapers and other 
periodical publications, short extracts from legally published paper works (with or without 
illustrations) by educationa l establishments for auditorium sessions.  
 Article 21.  Use of Works without Consent of Authors and without Payment of Royalty  
 The following shall be allowed without consent of the author or other copyright possessor and 
without payment of royalty:  1) reproduction, broadcasting  or cable casting for public infor mation of architecture, photography, 
fine arts works, which are permanentl y located in places for free a ccess, except for cases when 
imitation of a work is the main object of such repr oductions, broadcasting or cable casting for public 
information, or when imitation of a work is used for commercial purposes;  
2) public performance of musical wor ks during official and religious ceremonies, as well as funerals 
in the volume justified by the nature of such ceremonies;   3) reproduction of works for judicial pr oceedings in the volume justified by this purpose; 
 4) production by the broadcasting organizati on of short-term use records, regarding which this 
organization received the right of broadcasti ng, provided that such a record shall be made by the 
broadcasting organization with its own e quipment and for its own broadcast. At that, the 
organization shall be obliged to destroy such a re cord within six months after its  production, unless 
a longer term was agreed with the author of the recorded work. Such a record can be retained 
without consent of the author in official archives when such a record is of exclusive nature.  
 
 Article 22. The Right of Access to F ine Arts Works. Resale Royalty  
 
The author of the fine arts work shall have the right to demand that the owner of the work to allow 
exercising the right to reproduce his/her own wor k (the right of access). At that the owner of the 
work shall not be bound to deliver the work to the author. Transfer of ownership of a fine arts work 
(for value of free of charge) from the author to an y other person shall mean first sale of such a work.  
 For each public resale of fine arts work (through an auction, fine arts gallery, art show, shop, etc.) 
the author shall have the right to receive remunera tion in the size of 5% from resale price from the 
seller (resale royalty). Such a right shall be inalienable and transfer able only to the authors’ legal 
heirs throughout the duration of copyright.   Article 23. Protection of Intere sts of Persons Represented in Works  
 
Publication, reproduction and dissemination of  fine arts works, in which other persons are 
represented, shall be allowed upon consent of su ch persons, and upon conse nt of first priority heirs 
after such persons’ death. Such  consent shall not be required when a person represented in a work 
posed for remuneration on contractual basis.   Article 24. Free Reproduction of Software a nd Databases. Decompiling Computer Software.  
 A person lawfully in possession of a copy of computer software or database shall have the following 
rights without permission of the author or any othe r owner of exclusive rights and without payment 
of additional remuneration:  
 
Introduce amendments in the computer software or database solely for the purpose to ensure their 
operation on the users ’ technical facilities, perform any action regarding operation of the software or 
database according to their inte nded purpose, including inputting and storage in computer memory, 
which shall be allowed regarding one comput er or one network use r, unless otherwise provided by 
the agreement with the author;   Producing a copy of computer software or databa se provided that the copy is intended only for 
archiving and replacement of a legally acquired copy when the original software or database was lost, destroyed or became unusable. At that, a copy  of computer software or database must be 
destroyed should possession of  a copy of software or database cease to be lawful.  
A person lawfully in possession of a copy of  computer software, without consent of the author or 
any other possessor of exclusive rights, and without  payment of additional remuneration, shall have 
the right to reproduce or convert the object code into a source code (decompile computer software), 
or have such acts performed by other persons, if th ey are essential to ensure interactive capabilities 
of computer software independently deve loped by such a person with other software compatible 
with the software so decompiled, in which case the following conditions have to be observed:  
 1) persons concerned must not previously ha ve had access through other sources to information 
necessary to ensure interactive capability;  
2) the above actions shall be  performed only with regard to the parts of decompiled computer 
software essential to the achievement of interactive capability; 
 3) information obtained in the result of decompili ng can be used only to achieve interactive 
capability of independently developed computer so ftware with other programs; it cannot be passed 
to other persons, except where necessary to ensure interacti ve capability of the independently 
developed computer software with other progra ms, and it cannot be used for the development of 
computer software of a type essentially compar able to the decompiled computer software, or for 
performance of any other actions prejudicial to copyright.    Applying the provisions of this Article shall neithe r incur undue damage to normal use of computer 
software or database or shall not prejudice, without valid grounds, legitimate inter ests of the author 
or other possessors of exclusive rights in  the computer software or database.  
 Article 25. Author’s Contract. Assignment of Property Rights  
 
Property rights stipulated in the Article 16 of this Law can  be conceded or assigned in full or in part 
only regarding the author’s contract, unless otherwise provided in the Articles 19-21, 24 and 39 of 
this Law.  Property rights can be assigned on exclusive or non-exclusive basis (exc lusive and non-exclusive 
license).  Author ’s contract on assignment of exclusive right s shall allow using the work in a specified way 
and within the limits set by the contract only by a person, who was assigned such rights, and shall 
entitle such a person to restrict such use of work by other persons (e xclusive license). 
The right to restrict the use of work by other persons  can be exercised by the author of the work 
provided that a person assigned with exclusive rights does not protect such a right. 
 Author ’s contract on assignment of non-exclusive rights  shall allow the user to use the work equally 
with the possessor of exclusive rights, who assigned such rights and/or other persons, who are allowed to use such a work in the same manner (non-exclusive rights).  The rights assigned based on author ’s contract shall be conside red non-exclusive, unless otherwise 
provided by the contract.   Article 26. Conditions of the Author’s Contract  
 The author’s contract shal l envisage the following: modes of exploitation of the work (specific 
rights assigned based on this agreement); the term and the territory, for which the rights are 
assigned; the size of remuneration and/or pro cedure for definition of the size of remuneration for 
each mode of exploitation of works; procedures and terms of payment.  If the author ’s contract does not stipulate the term of a ssignment of the rights, the contract can be 
terminated upon expiry of 5 years following its conc lusion, subject to adva nce notice of six months. 
 If the author ’s contract does not specify the territory, for  which the rights are assigned, the effect of 
the rights assigned based on the contract shall be limited by the territory of the Republic of  Tajikistan. 
 
All the rights to exploit the work that are not expressly assigned ba sed on the author’s contract shall 
be deemed not to have been assigned.   Exploitation rights that were not known at the time of signing the contract shall not be the subject of 
the author’s contract . Remuneration shall be defined in the author ’s contract as a percentage of 
profit for relevant mode of exploitation  of the work, or, if this is not fe asible, set it as a fixed amount 
due to the nature of work or peculiarities of exploitation, or otherwise, however not lower than the 
minimal size of royalty.   Minimum rates of remuneration shall be set by  the Government of the Republic of Tajikistan and 
indexed at the same time with the indexation of  minimal salaries. When, in the author’s contract for publication or other reproduction of works, remuneration is 
defined as a lump sum, the contract shall specify the maximum run of copies of the work.  Rights assigned based on the author ’s contract can be assigned to  other persons only in cases and in 
volumes expressly stipulated in the author’s contract. All rights of exploitation that were not 
assigned based on author’s contract, shall be reserved by the author.  
 The rights to use works that the author cannot create in the future shall not be subject of the author’s 
contract. Provisions of the author ’s contract imposing limits on the author regarding the future 
creation of works on a particular topic or in a particular field shall be deemed invalid.  
Clause of the author ’s contract contradicting provisions of this Law, shall be deemed invalid.  
 Article 27. The Form of the Author’s Contract  
 The author ’s contract shall be in written form. Author ’s contracts can be verbal, if these are 
contracts on the use of wor ks in periodical press. 
 
Contracts for sale of copies and ensuring publi c access to computer  software shall be deemed 
signed in writing provided that its conditions (conditions for the use of computer software) are set in 
a relevant way on the computer software copies.   Article 28. Commission  Contract     Статья 28. Авторский договор заказа  
 Under a commission contract, the a uthor shall undertake to create a work pursuant to the conditions 
of the contract to hand it over to the commissioning party.  
  The size, procedure and terms of advance paym ent shall be set in the contract upon the agreement 
of parties. 
 
 If the author did not provide the work stipulated in the agreement, he/she shall be obliged to cover 
the real damage caused to the commissioning party.   Article 29. Responsibility under the Author’s Contract  
 The party, who fails to fulfill obligations or does not fulfill obligations prope rly, shall be obliged to 
compensate losses caused to the other party,  including lost profit, pursuant to the a uthor’s contract.  
  
  
 
  
                      SECTION III. RELATED RIGHTS  
     Article 30. Scope of Related Rights   Provisions of this Law on protection of performer ’s rights shall apply to:  
1) performers – citizens fo the Republic of Tajikistan; 
2) performers, who are not citizens of the  Republic of Tajikistan, but whose first performance: 
a) took place in the territory of the Republic of Tajikistan; b) performance recorded on a phonogram protected in accordance with this Law;  
c) performance not recorded on a phonogra m, but included in broadcasti ng or cable casting, 
protected in accordance with this Law.  
 
Provisions of this Law on protection of rig hts of phonogram producers sh all cover the following: 
 1) when the phonogram producer is the citizen of the Republic of Tajikistan or a legal entity with official place of residence in the territor y of the Republic of Tajikistan;  
  2) phonograms, producer of which is not a citizen of the Republic of Tajikistan or a legal entity with 
official place of residence in the territory of th e Republic of Tajikistan, but first publication took 
place in the territory of the Republic of Tajikistan during 30 days following the date of their first publication in any other state.   Provisions of this Law on protection of rights of br oadcasting and cable ca sting organizations shall 
apply to transmission of broad casting or cable casting organizations, which are officially located in 
the territory of the Republic of Tajikistan and which broadcast via transmitters located in the 
territory of the Republic of Tajikistan.  
 Provisions of this Law shall also apply to performe rs, phonograms, broadcasti ng and cable casting 
communication, protection of which in the territory  of the Republic of Tajikistan is ensured pursuant 
to the international agreements, to which the  Republic of Tajikistan is a party.  
 
Provision within the territory of Tajikistan of  protection of objects of related rights in 
accordance with the in ternational agreements recognized by  Tajikistan shall be implemented 
with respect to objects of related rights, which di d not become public domain in their country 
of origin as a result of expiration of term of validity of related rights in such a country and 
which did not become public domain in the Republ ic of Tajikistan as a result of expiration of 
term of validity of related rights previously provid ed. However, the term of validity of related 
rights within the territory of Tajikistan may no t exceed the term of validity of related rights 
set in the country of origin of  objects of related rights. 
 
Article 31. Object of Related Rights   Related rights shall apply to produc tion, performances, phonograms, br oadcasting and cable casting 
organizations regardless of their intention, content and merit, as well as the way and forms of 
expression.  
 
 
 Article 32. Subjects of Related Rights  
 
The following shall be subjects of related rights:  performers, producers of  phonograms, broadcasting 
or cable casting organizations.  Phonogram producers, broadcasting or cable casting producers shall exercise their rights stipulated 
in this Law within the ambit of rights provided base d on contracts with perf ormers and authors of 
works recorded in phonogram or transmitted via broadcasting or cable casting.  Authorization to exploit performances obtained fr om the director-producer of performance shall not 
release a person from the obligation to obtain author ization from other performers, who took part in 
the performance, as well as fr om the author of the work performed. 
 
Performer shall exercise the rights stipulated in thi s Law provided that the rights  of the author of the 
work performed are observed.  The performer, phonogram producer , broadcasting or cable casting organizations, can register the 
work according to the procedures defined by the authorized body in order to obtain certificate on 
registration of  related rights at any time during the protection period (the Law of RT No. 27 as in 
force from August 1, 2003).   Article 33. Sing of Protect ion of Related Rights  
  Origin and exercise of related rights shall not be subject to compliance with any formality. In order 
to inform of their rights, phonogram producers and perfor mers shall have the right to use the sign of 
related rights protection, which is placed on each copy of phonogram and/or each case and shall 
comprise three elements:  1) circled Latin letter “P”: (P); 
2) the name (title) of the owner of the exclusive related rights;  
3) the year of the first phonogram publication.        Article 34. The Rights of the Performer   Except as provided by this Law, the performer sha ll be granted the following exclusive rights 
regarding the performance:  1) the right on name;  
 2) the right to protection of performance against any distortion or other offence that can prejudice 
honor and dignity of the performer;   3) the right to exploit performance in any form, including the right to receive remuneration for every form of exploitation of a performance.   The exclusive right to exploit performances  shall mean the right to perform or authorize 
performance of the following actions:  1) broadcasting or cable casting for public communica tion of performance, if the performance used 
for such transmission were not  broadcasted or performed using a record previously;  
 2) recording of hitherto unrecorded performances;  
 3) reproduction of recording of a performance;  
 4) broadcasting or cable casting  of the recording of a performance if originally this recording was 
made for non-commercial purposes;  5) rental of a phonogram published for comm ercial purposes, including performance with the 
participation of the performe r. These rights shall be transferred  to the phonogram producer at 
signing a contract for recording or production of a phonogram, at that, the performer shall reserve 
the right to remuneration for the rental of copies of such a phonogram. 6) dissemination of originals of copies of pe rformance recorded in a phonogram via sale or other 
assignment of property rights. If the original or copies of legally published phonogram are put in circulation via sale or other a ssignment of property rights, their further dissemination shall be 
allowed without the performer’s consent and without remuneration;  
7) communication of a performance recorded in a phonogram to the public for interactive use;  
8) placing recorded performance in digital environment in such a way that it becomes accessible 
online to any user at their own choice (the Law of RT No. 162 from March 3, 2006).  The exclusive right of the performer stipulated by the  paragraph 3 of the pa rt two of this Article 
shall not apply in the following cases: 
1) the original recording of the performa nce was made with consent of the performer;   
2) reproduction of the performance shall be made for the same purposes as the recording of a 
performance, for which consent of  the performer was received; 
3) reproduction of the performance is made for th e same purposes as the recording that was made in 
accordance with the provisions of the Article 41 of this Law.  Authorizations indicated in this Ar ticle shall be granted by the pe rformer, and in the case of group 
performance – by the head of such a group through signing a written agreement with the user. 
 Authorizations referred to in the paragraphs 1- 3 of the second part of this Article for the further 
transmission of performances, recordings for tr ansmission and reproduction of such records by 
broadcasting and cable casting or ganizations shall not be required, if th ey are expressly envisaged in 
the agreement between the performer and the br oadcasting or cable casting organizations.  
Signing of a contract between the performer a nd the producer of audiovisual works for creation of 
audiovisual works shall entail provision by the performer of rights stipulated in the paragraphs 1-4 of the second part of  this Article. 
 Provision of such rights by the performer shall be restricted by the use of audiovisual work, and, if 
not otherwise provided by the contract, shall not include the rig hts of separate use of the sound or 
the pictures embodied in the audiovisual work.  Exclusive rights of he perfor mer stipulated in this Article can be assigned to other persons on 
contractual basis.  
      Article 35. The Rights of the Phonogram Producer  Except as provided in this Law, phonogram producers shall enjoy exclusive rights on the use of their 
phonograms in any form, including the right to receive remuneration for each type of the use of phonograms.  Exclusive right to exploit phonograms shall mean the right to perform or authorize the following actions:  
1) reproduction of a phonogram; 
2) adaptation or other transformation of phonograms; 
3) dissemination of copies of phonograms, i.e., sale, rent, etc.; 4) import of copies of phonograms for the purpose of dissemination, including copies produced with 
the permission of the phonogram producer; 
5) communication of the phonogram to public for interactive use; 6) placement of phonograms in digital environment so that they are accessible online to public at a time individually chosen (the Law of RT  No. 162 as in force from March 3, 2006). 
  Where copies of legally published phonograms are put for civil circulation via sale, their subsequent 
dissemination shall be allowed without consen t of phonogram producer and without remuneration. 
At that, notwithstanding the property right of phon ogram producers on copies of phonograms shall 
be reserved for dissemination of copies of phonograms via renting. 
 Exclusive rights of the phonogram producers stipulated by  this Article can be assigned based on 
contract to other persons.  
 
Article 36. The Rights of Broadcasting Organizations   Except as provided in this Law,  broadcasting organizations shall enjoy the exclusive right regarding 
their programs to exploit the program in any fo rm and grant authorization to use it, including the 
right to receive remuneration for such authorization.   The exclusive right to authorize use of their  programs shall mean authorization to perform the 
following actions:       1) simultaneous broadcasting of pr ograms by another broadcasting organization; 
     2) communication of a program to public via cable;  
     3) recording of program; 
     4) reproduction of the recording of the program;       5) communication of programs for public in places, where entry fees are charged;  
     6) dissemination to public of a record  of a program or copies of records, which with the 
permission of broadcasting organiz ations were put in civil circ ulation via sale or other transfer of 
property rights. These rights, excluding the right to re nt, shall be ceased regarding the recording of a 
program or copies of recordings of the progr am, which, with permission of broadcasting 
organization,  were put in civil circulation  through sa le or other transfer of property rights. The right 
to rent shall be reserved to the br oadcasting organization for recording of programs or copies 
regardless of the property right (the La w of RT No. 162 from March 3, 2006). 
 The exclusive right of the broadcasting organiz ation stipulated in the paragr aph 4 of the second part 
of this Article shall not apply when:  
 a program was recorded with the consent of the broadcasting organization;  a program is reproduced for the same purpose as  the recording in accordance with the Article 41 of 
this Law.   Article 37. The Rights of Cable Casting Organizations  
 Except as provided by this Law, cablecasting organiz ations shall have the exclusive right to use 
programs in any form and authorize use of programs, including the right to receive remuneration for 
such authorization.  
 The exclusive right to authorize the use of programs shall mean the right of the broadcasting 
organization to authorize the following actions: 
1) simultaneous cable communication of its  programs to public to another cable casting 
organization;   2) broadcasting of programs;   3) recording of programs;   4) reproduction of recorded programs;   5) communication of programs to public in places, where fees are charged;  
 6) dissemination to public of program record s or copies through sale, rent, or other assignment of 
property rights. These rights, excluding the right to  rent, shall be terminated regarding the program 
recording or copies, which, with permission of cab le casting organization, were put in civil 
circulation through sale or other form of transfer  of property rights. The right to rent shall be 
reserved for the cable casting organization fo r recording programs or copies regardless of the 
property right (the Law of RT No. 162 as in force from March 3, 2006).  
 The exclusive right of the cable casting organizat ion stipulated in the paragraph 4 of the second part 
of this Article shall not apply to the cases when:  
    a program was recorded with consent of the cable casting organization;    a program is reproduced for the same purpose  as the it was recorded in accordance with the 
provisions of the Article 41 of this Law.        Article 38. Use of Works and Objects of Related Rights by Other Persons  
 Except as provided in the Articles 19-21, 24, 39-41 of  this Law, the use of works and objects of 
related right by other persons shall be allowe d just with consent of the possessor of exclusive rights 
on the work and with payment of remuneration.   Article 39. Reproduction of Works an d Phonograms for Personal Purposes  
 Notwithstanding the provisions of the Arti cles 34 and 35 of this Law,   reproduction of audiovisual 
work of phonogram exclusively for personal purpose shall be allowed without consent of the author or other possessor of copyright, performer and pr oducer of phonograms, but with payment of 
remuneration.      Remuneration for reproduction indica ted in this Article shall be paid  by producers and importers of 
equipment (audio and video reco rders, etc.) and materia l devices (audio and video tapes, laser disks, 
compact disks, etc.) used for such reproduction.  
 Collection and allocation of such remuneration shall be performed by one of the organizations in 
charge of the authors’ property rights, produce rs of phonograms and performers on collective basis, 
in accordance with the agreement between these organizations, pursuant to the Article 43 of this 
Law.   Unless otherwise provided by this contract, the ab ove remuneration shall be allocated based on the 
following proportion: 40% to the authors, 30% to pe rformers, and 30% to phonogram producers.  
 
The size of remuneration and terms of payment shall be defined in the  contract between the 
indicated producers and importers  on the one hand, and orga nizations administering authors ’ property rights, producers of phonograms and perfor mers on collective basis, on the other hand, and 
when the parties do not achieve such an agreement – by the authorized body.  
Remuneration shall not be paid regarding equipment and material de vices indicated in this Article, 
which are not subject to export, as well as re garding professional equipment not intended for the use 
at home.   Article 40. Use of Published Phonograms for Co mmercial Purposes without Consent of Phonogram 
Producers and Performers   Notwithstanding the provisions of the Arti cles 34 and 35 of this Law, the following shall be allowed 
without consent of the producer of phonogram published for commercial purposes and the 
performer, whose performance is recorded in a phonogram, against payment of remuneration:  
1) public performance of phonograms; 
 2) broadcasting of phonograms; 
 3) communication of phonograms to public by cable casting.  Collection, distribution and payment of remunerat ion provided for in this Article shall be effected by 
one of the organizations for the collective administ ration of the rights of producers of phonograms 
and performers (Article 43 of this Law) under an  agreement between these organizations. Unless 
otherwise provided in the said agreement such remuneration shall be  distributed equally between the 
phonogram producer and the performer.   The size of remuneration and conditions of payme nt shall be set by the agreement between the user 
of phonogram or associations of such users, on the  one hand, and organizations managing the 
property rights of phonogram producers and perfor mers, on the other hand, or, when the parties fail 
to agree, by the authorized body.   The size of remuneration shall be set fo r each form of the use of phonogram.  
 Users of phonograms must submit programs to the  organization indicated in this Article containing 
detailed information and documents necessary for c ollection and distribution of remuneration.  
 Article 41. Limits on the Rights of Performers, Phonogram Producers, and Broadcasting and Cable 
Casting Organizations   Notwithstanding the provisions of the Articles 34-37 a nd 40 of this Law, it shall be allowed, without 
consent of the performer, phonogram producer, an d broadcasting and cable casting organizations, 
without payment of remuneration, to use performa nce, broadcasting, cable casting and their 
recording thereof, as well as to reproduce phonograms:        1) for the inclusion of short extracts from the  performance, phonogram, broadcasting or cable 
casting in the current events;  2) for the sole purpose of educat ion or scientific research;  
3) for quoting in the form of short extracts from performance, phonogram, broadcasting or cable 
casting provided that such quotation is made  for information purposes. At that, any use by 
organization of broadcasting or cable casting of copies of phonograms published for commercial 
purposes, for broadcasting or cable casting shall be possible only given that provisions of the Article 
40 of this Law are observed;  4) in other cases provided for in the provisions of  the Articles 19-21 of this Law regarding limitation 
of property rights of authors of liter ary, scientific, and artistic works.  
 Notwithstanding the provisions of the Articles 34-37 a nd 40 of this Law, it shall be allowed, without 
consent of the performer, phonogram producer, broa dcasting or cable casting organizations, to use 
broadcasting or cable casting and recording, as well as to reproduce phonograms for personal 
purposes.  At that, phonogram reproduction shall be allowed ag ainst payment of remuneration in accordance 
with the Article 39 of this Law.   Provisions of the Articles 34-37 of this Law shall not apply regarding authorization of the 
performer, phonogram producer, broadcasting or ganization to make ephe meral recording of a 
performance or a program, to reproduce such re cordings and phonograms published for commercial 
purposes, if ephemeral recordings or reproduction is performed by broadcasting organization using its own equipment and for the purposes of its own transmission, based on following conditions:  
1) broadcasting organization has obtained prior authorization to broadcast performance of a 
program, regarding with ephemeral reco rding is made or reproduced;  
 2) the ephemeral recording is destroyed within the  period applied to the ephemeral recording of 
literary, scientific, and artistic works made by br oadcasting organizations according to the 
provisions of the paragraph 4 of the Article 21 of this Law; however a single copy can be kept in 
official archives if it is of purely documentary character.   Limitations stipulated in this Articl e shall be applied without prejudice  to normal use of phonogram, 
performance, broadcasting or cable casting of recordings, as well as literary, scientific, and artistic 
works included, and without prejudice to the legiti mate interests of the performer, phonogram 
producer, broadcasting or cable casting organizations, and authors of the said works.  
 Article 42. Term of Validity of Related Rights   The rights of the performer provided for in this Law sha ll be valid during fift y years after the first 
performance.  The performer ’s rights on name and protection of performance against distortion or any other 
derogation stipulated in the Ar ticle 34 of this Law shall be p rotected without limitation in time, but 
shall not be inherited. 
 
The rights of phonogram producer stipulated in this Law shall be valid during fifty years after the 
first publication of the phonogram, or during fift y years following the first recording, if the 
phonogram was not published in the course of that period.  The rights stipulated in this Law regarding organizati on of broadcasting sh all be valid during fifty 
years following the first broadcasti ng by such an organization. 
 The rights of cable casting organizations stipula ted in this Law shall be valid during fifty years 
following the first cable casting by such organization. 
 
Any period under this Article shall be calculated as from January 1 of the year following the year, 
when a legal act occurred that marks the starting point of the period.  The right to authorize the use of performance, pho nogram, broadcasting or cable casting, and the 
right to remuneration shall pass to the heirs (in the case of legal entities – to successors in title) of 
the performer, phonogram producer, broadcasti ng or cable casting organizations within the 
remaining terms indicated in this Article.                     PART IV. COLLECTIVE ADMINISTRATION OF PROPERTY RIGHTS        Article 43. Main Goals of the Collective Administration of Property Rights   Organizations in charge of c ollective administration of propert y rights of the indicated persons 
(hereinafter – collective administration or ganizations) can be established for the purpose to ensure 
property rights of authors, performers, produce rs of phonograms, and other possessors of copyright 
and related rights when their individual implementation  is hampered by practical difficulties.  
 
Such organizations shall be created as public non -profit organizations and shall operate within the 
mandate received from possessors of copyright and related rights.   Establishment of either separate organizations on various rights and categories of possessors of 
rights, or one organization at the same time admi nistering copyright and related rights shall be 
allowed.  
Organizations of collective administration of prop erty right of authors shall meet the following 
requirements: 
- Name of an organization shall include a phrase ”organization of collective administration of 
property rights of the authors”;  
- Carrying out collective admin istration of property rights of  the authors shall be indicated 
as the main type of activity; 
- Goals and objectives of the organ ization of collective administr ation of property rights of 
the authors shall meet requirements of Articles 43-46 of this Law. 
 
 Article 44. Mandate of Collectiv e Administration Organizations  
 Mandate for collective admi nistration of property rights shall be transferred directly by possessors of 
copyright and related rights voluntarily based on written contracts, as well as based on relevant 
contracts with foreign organizations administering  similar rights. Such contracts shall not be 
author ’s contracts, and provisions of the Ar ticles 25-29 of this Law shall not apply to such contracts. 
  Any author, or his/her heir or any other owner of copyright or related rights protected pursuant to 
this Law, shall have the right to assign, base d on the agreement, implementation of his/her property 
rights to collective administration organization , which is obliged to take over implementation of 
these rights if it is related to its charter purpose.   Collective administration organiz ations shall not be entitled to engage in the exploitation of the 
works and subjects of related rights provided for collective administration. 
Collective administration organizat ions shall provide licenses to users for the relevant use of works 
and related rights subjects. Conditions of such li censes shall be identical for all users of the same 
category. Organizations shall not be entitl ed to issue licenses to users without sufficient grounds.  Such licenses shall authorize the use  of all works and subjects of related rights by specified ways 
and shall be provided on behalf of all possessors of copyright and related rights, including those that 
have not transferred mandates to the organization in accordance with this Article.   All possible property claims of possessors of copyrig ht and related rights to users regarding the use 
of their works and objects of related rights based on licenses shall be regulated by the collective 
administration organizations providing such licenses.    Collective administration organiz ations shall have the right to retain unclaimed remuneration, 
including it in the allocated amounts or using for  other purposes in the interests of possessors of 
copyright and related rights represented by such  organizations upon expiry of three years from the 
receipt in the organizations’ accounts.  
 
Article 45. Functions of Collect ive Administration Organizations  
 Collective administration organiz ations must, on behalf of possessors of copyright or related rights 
and on the basis, who they represent, and ba sed on mandates entrusted to it, perform the following 
functions:  1) negotiate with the users the size of remuner ation and other conditions, based on which licenses 
are issued;  2) issue licenses to users for the use of ri ghts administered by such organizations;  
3) agree with the users on the amount of remuneration, when such organizations are in charge of collecting such remuneration without issuing a li cense (part three of the Article 39, parts two and 
three of the Article 40 of this Law);  
4) collect remuneration stipulated by licenses and/ or remuneration stipulated in the paragraph 3 of 
this Article;  5) allocate and pay remuneration collected as provided in the paragraph 4 of this Article to 
possessors of copyright and related rights they represent;  6) perform any legal acts required for the protection of rights administered by such organizations;  
7) perform any other activities pursuant to th e mandates received from possessors of copyright and 
related rights.   Article 46. Obligations of Collective Administration Organizations  
  Collective administration organizations shall ope rate in the interests of possessors of copyright and 
related rights represented by such organizations. To  this effect, organizations must perform the 
following duties:  
 1) at the same time with payment of re muneration, organizations shall provide the possessors of 
copyright and related rights with reports containing  information on the use of their rights;  
 2) use the remuneration collected in accordance with the paragraph 4 of the Article 45 of this Law 
exclusively for the allocation and paymen t to possessors or copyright and related rights. 
Organizations shall have the right to deduct amou nts to cover their actual costs on collection, 
allocation and payment of such remuneration, as well as the amounts contributed to special funds created by these organizations with consent and in the interest of possessors of copyright and related 
rights represented by them, from the remuneration;  3) allocate and regularly pay collected amount s of remuneration, after deduction of amounts 
indicated in the paragraph 2 of this Article. Possessors  of copyright and related rights, who did not 
authorize organizations to collect remuneration stipulated in the paragr aph 3 of the Article 45 of this 
Law, shall have the right to demand that the or ganizations pay remuneration due to them in accordance with the allocation made, as well as  to exclude their works and objects of related rights 
from licenses issued by these organizations to users.  
              SECTION V. PROTECTION OF COPYRIGHT AND RELATED RIGHTS     Article 47. Violation of Copyright and Relate d Rights. Counterfeit Copies of Works and 
Phonograms.   The following shall be considered violation of copyright and related rights:  1) reproduction, dissemination and other use of objects of copyright or of related rights without 
permit of possessor of rights;  2) dissemination, production, import, with the purpose of dissemination, of devices or provision of 
services that allow avoiding or c onduce avoiding any technical mea ns intended for the protection of 
copyright and related rights;  
 3) removal or changing any information on admi nistration of rights witho ut the permit of possessors 
of rights (the Law of RT No. 162 as in force from March 3, 2006).   Copies of works and phonograms, production  or dissemination of which entail violation of 
copyright and related rights, shall be considered counterfeit.    Import to the Republic of Tajikistan of copies of wo rks or phonograms protected in the Republic of 
Tajikistan pursuant to this Law without permission of the possessor of rights from a state, where 
such works and phonograms were not protected or are no longer protected, shall be considered 
violation of copyright and related rights (the Law of  RT No. 27 as in force from August 1, 2003).   
Persons guilty in the violation of this Law shall be subject to bringing to responsibility pursuant to 
the legislation.   Article 48. Protection of Copyright and Related Rights   Protection of copyright and related rights shall be effected by ways defined by the Civil Code of the 
Republic of Tajikistan, as well as by following ways:  1) collection of profit received by the viola tor due to violation of copyright and related rights instead 
of indemnity;   2) payment of compensation in the size defined by the court instead of indemnity or collection of 
profit.   
Counterfeit copies of works or phonograms shall be  transferred to the possessor of copyright and 
related rights at his/her request.   Counterfeit copies of works and phonograms that were not claimed by the possessor of copyright and related rights shall be subject to liquidation.   Materials and equipment used for production and reproduction of counterfeit copies of works or 
phonograms shall be subject to liquidation or transfer to public revenue.   Possessors of copyright and related rights can a pproach judicial authorities for protection of their 
rights pursuant to the procedures set in the legislat ion (the Law of RT No. 162 as in force from 
March 3, 2006).  
 E. RAHMONOV 
President 
Republic of Tajikistan  Dushanbe November 13, 1998 No. 726   RESOLUTION OF THE MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN   On Promulgation of the Law of the Republic of Tajikistan “On Copyright and Related Rights”  
 Majlisi Oli of the Republic of Tajikistan resolves:   
     1. The Law of the Republic of Tajikistan “On Copyright and Related Rights” shall be 
promulgated after its official publication.       2. The Government of the Republic of Tajikistan shall:       - submit proposals on bringing the laws of the  Republic of Tajikistan with this Law to the Majlisi 
Oli of the Republic of Tajikistan;       - bring its decisions  in compliance with this Law.  
 S. RAJABOV Chairman Majlisi Oli  Republic of Tajikistan  
Dushanbe, November 13, 1998 
No. 727