THE LAW No. 6 of 10 J UNE  1996 OF THE REPUBLIC OF 
KAZAKHSTAN  
 
ON COPYRIGHT AND RELATED RIGHTS  
 
 
Chapter 1  
General Provisions  
 
This Law regulates relations in the field of intellectual property that arise from creation and use 
of works of science, literat ure and art (copyright), staging,  performances, phonograms, 
transmissions of on -air and cable broadcasting organizations ( related rights).  
 
Article 2  
Main Terms Used in This Law  
 
The following main terms are used in this Law:  
1) author  – shall mean a natural  person whose creative activity resulted in a work  of 
science, literature and art ; 
2) copyright – shall mean property and personal non -property rights of the author;  
3) technical means of copyright and related right protection  – shall mean technology 
(programme technology) o r its components that control  access to copyright works or 
objects  of related rights and prevent or restrict  actions prohibited by the author, owner of 
related rights, or other owner of exclusive copyri ght or related rights;    
4) pirated copy of copyright and (or) related rights object  – shall mean a copy of work , 
recorded performance, phonogram, program of broadcasting and cable distribution, 
manufacturing, distribution or other use of which entails a violation of copyright and (or) 
related right s in the view  of the provisions of this Law or the rules of international 
treaties ratified by the Republic of Kazakhstan. Copies of  copyright and (or) related 
rights  objects shall also be acknowledged as pirated if their  information on management 
rights has been removed or changed  without permission of the right holder or if they 
were produced  with illegal use of devices that enable circumvention of technical 
protection of copyright and (or) related rights;  
5) copyright contract  - a contract wh ich subject i s the transfer of property rights to use one 
or more objects of copyri ght. The copyright contract is variation of license agreement ; 
6) non-exclusive right – shall mean the right when along with the owner of the right 
another person may use the work under the  relevant permission of the author, except for 
cases stipulated by this Law;  
7) exclusive right – shall mean the property right of the author and ( or)  other owner to 
permit or prohibit the use of the work  and (or) object of related rights  in any way within 
the stipulated  time period;  
8) accreditation  – shall mean procedure of acknowledgement by the authorized body of 
competence of organizations on collective management of rights stipulated by the present 
Law;  
9)  database – shall mean an aggregate of data (artic les, calculations, facts etc) which 
presents the result of creative activity by nature of their selection and (or) layout of 
materials and is systematized in the way that makes it possible for them to be found and 
processed with use of electronic computers . The term of database does not apply to the electronic computer program which allows e -access to the ma terials stored in the 
database ; 
10) audiovisual work - shall mean  a work that consists of fixed series of interrelated shots or 
images (with or without accompanying sounds) which are intended for visual and aural 
(when accompanied by sounds) perception by the use of suitable technical devices. 
Audiovisual works include cinematographic works and all works that are expressed by 
devices similar to cinematogr aphic  ones (tel e- and video -films, diapositive  films and 
slide -films and other similar works) irrespective of the form of their initial and further 
fixation;  
11) producer of an audiovisual work  - shall mean a natural person or a legal entity who 
took over an initiative and liability for creating such work . Unless otherwise proved, a 
person whose name or title is indicated on this work, shall be recognized as producer of 
the work;  
12) recording – shall mean fixation of sounds and (or) images with use of tec hnical devises 
by any means and in any form that allows their repeated perception, reproduction or 
transmission;   
13) communication for general information  (making available for public)  - shall mean 
communication  of copyright objects and (or) objects of re lated rights by wire or wireless 
when the public may have access to them from any place and at any time at its option 
(interactive regime);  
14) publication – shall mean offering to the public with the consent of the author or another 
owner of the right to objects of copyright or related rights, copies of the work or 
phonograms in the quantity that satisfy reasonable needs of the public, through sale, 
renting (leasing) or other transfer of the ownership right or right of possession of the 
work or phonogram;  
14-1) internet recourse  – shall mean an  electro nic information resource  displayed in text, 
graphi c, audiovisual or other form and  placed on a hardware -software complex, which 
has a unique network address and (or) the domain name and functioning  on the Inte rnet; ; 
15) communication for general information  (making available for public)  via cable  - 
shall mean communication of the work, phonogram, performance, transmission of an on -
air and cable broadcasting organization for general information via cable, wire,  optical 
fiber or with help of similar means;  
16) public performance  - shall mean performance of the work through declamation, play, 
dance or by any other way, also with help of technical  means (with respect to an 
audiovisual work – demonstration of shots  in their sequence, accompanied with sounds), 
in places where persons who do not belong to the family are present or may be present;  
17) public demonstration  – shall mean demonstration of the original or copy of the work 
directly or as a slide, film shot, tele-shot on the screen with help of any other technical 
means or by any other way (with respect to an audiovisual work – demonstration of 
separate shots without their sequence), in places where persons who do not belong to the 
family are present or may be  present;  
18) reproducing (reprographic reproduction) – shall mean facsimile reproduction in any 
size and form of one or more copies of originals or copies of written and other graphic 
works through photocopying or with help of other technical means, diffe rent from. 
publication; Reprographic reproduction does not mean storage or reproduction of 
indicated copies in electronic (including digital), optical or other machine -readable form;  
19) reproduction  - shall mean production of one or more permanent or tem porary copies of 
copyright  or related rights objects in any way or in any form, in whole or in part, directly 
or indirectly. Types of reproduction  are manufacture of audio or video recording of one 
or more copies of the two -dimensional or three -dimensional  work , as well as any 
permanent or temporary storage of copyright  or related rights objects  in any material 
form, including open information and communication network; ; 20) owner of the right  – shall mean the author (persons specified in the will, his/her heirs) 
with respect to copyright, the performer (his/her heirs), producer of a phonogram, an on -
air and cable broadcasting organization with respect to related rights, as well as other 
natural persons or legal entities who obtained the rights to use the wo rks and (or) objects 
of related rights under the contract or on other grounds stipulated by this Law;  
21) information on rights management – shall mean information which identifies the work, 
the author of the work, its performer, performance of the perform er, the producer of a 
phonogram, a phonogram, the right -owner of the work, performance or phonogram or 
information on terms for the work use, performance or phonogram. Information on rights 
management shall also mean any figures or codes that contain such information when any 
of this information element is attached to the copy of the work, recorded performance or 
phonogram or when appeared due to transmission of the work or transmission and (or) 
publication of the recorded performance or phonogram for gener al information;  
22) compound work  – shall mean a collection (encyclopedia, anthology, database) of works 
and other materials that present, by its selection and (or) arrangement, the result of 
creative activity;  
23) performance – shall mean presentation of  the work, the phonogram, the performance, 
the staging through playing, singing, dancing alive   or with use of technical devices (TV 
programs, broadcasting, cable TV etc). Show of the audiovisual work shots in their 
sequence with or without sounding;  
24) performer – shall mean an actor, singer, musician, dancer and any other person who acts, 
sings, delivers, declaims, plays a musical instrument or otherwise performs literary and 
(or) artistic works (including pop, circus or puppet trick) or expressions of f olklore, as 
well as conductor;  
25) user – natural  or legal person  who use or provide use of copyright and related rights 
objects;  
26) renting (leasing)  – shall mean providing a copy of the work or phonogram for temporary 
use for the purpose of obtaining di rect or indirect commercial profit;  
27) related rights - shall mean property rights of the performer, producer of phonogram, on -
air and cable broadcasting organization and personal non -property rights of the 
performer’ ; 
28) work of arts and crafts – shall  mean two -dimensional or three -dimensional work of art 
transferred to the objects of everyday use, including the work of art crafts or a work 
produced by industrial mean;  
29) producer of the play  – shall mean a person who accomplished staging of a theatre,  
circus, puppet, pop and other play (performance);  
30) translation of the work – shall mean expression of the work in the language that differs 
from the language of the original work. At this, the translation must be reliable and to 
distort neither the con tent nor the style of the original work;  
31) a copy of the work – shall mean a copy of work made in any material form, including  
the one  contained in a public informa tion and communications network ; 
32) published works – shall mean taking an action with th e consent f the author that makes 
the work available to the public for the first time though its publication, public show, 
public performance, communication  for general information and by other means;  
33) processing of the work – shall mean change of the  original work from one genre to 
 another. At this, there are the following types of processing the work: staging, 
 performance and arrangement of the original work;  
34) derivative work - shall mean a work that was created as a result of creative processin g 
 of another work;  
35) authorized body – shall means a state body determined by the Government of the 
 Republic of Kazakhstan and exercising state regulation in the field of copyright and 
 related rights;  36) phonogram – shall mean recording of performanc es  or other sounds, also presentation 
 of sounds in any form, except for recording incorporated into the audiovisual work;  
37) a copy of the phonogram – a copy of the phonogram in any tangible medium, including 
 the one contained in public information and  communication network, produced  directly 
 or indirectly from a phonogram and incorporating all or part of the sounds of the sounds 
 recorded thereon ; 
38) producer of a phonogram – shall mean a natural person or a legal entity who took over 
 an initiative and liability for the first audio recording of a certain performance or other 
 sounds;  
39) work of amateur and folk arts  – shall mean a work including peculiar elements of 
 traditional art heritage (folk fairy tales, folk poetry, folk songs, instrumental folk music, 
 folk dances and plays, artistic forms of folk traditions etc);  
40) electronic computer program  - shall mean a set of commands expressed in words, 
 schemes or in any other form which writing on the machine -readable material medium 
 accomplishme nt or achievement of a certain task or result by the electronic computer 
 shall be ensured, including preparation materials, the nature of which is such that the 
 electronic computer program is their result at a later stage;   
41) decompiling the electroni c computer program – shall mean a technical method that 
 includes changing of the object code to an incoming text with the aim to study the 
 structure and code for the electronic computer program;  
42) adaptation of an electronic computer or database progra m – shall mean making 
 changes to electronic computer or database programs solely for the purposes to ensure 
 operation of the electronic computer or database program on specific technical means of 
 the user or under supervision of specific user`s programs ; 
43) modification (processing) of the electronic computer or database program – shall 
 mean any change of the electronic computer or database program that are not adaptation;  
44) broadcasting – shall mean communication of works, performances, phonograms, 
transmissions of on -air and cable broadcasting organizations for general information 
(including demonstration or performance) through their broadcasting on radio or TV 
(except for cable TV). When communicating works, performances, phonograms, 
transmissions of on -air and cable broadcasting organizations via satellite, broadcasting 
shall mean receipt of signals from earth station to the satellite and transmission of the 
signal from the satellite through which works, performances, phonograms, transmissions 
of o n-air and cable broadcasting organizations may be communicated for general 
information irrespective of their actual receipt by the public. Transmission of coded 
signals shall be broadcasting if the decoding means are provided to the public by the on -
air br oadcasting organization or with its consent;  
45) subsequent broadcasting  – shall mean transmission by cable of works or objects of 
related rights that were previously broadcasted or communicated for general information;  
45-1) on -air and cable broadcasting organization  - natural and legal persons engaged in  
on-air and (or) cable  broadcast ing of TV and  radio  channels , TV and radio programs (TV  
and radio  transmissions)  including works, performances, phonograms. On-air and cable  
broadcasting is carried out by m eans of  analog  on-air broadcasting  and multi -channel 
broadcast ing (digital on-air, satellite, cable broadcasting) ; 
46) transmissions of on -air and cable broadcasting organization - shall mean a 
transmission created by the on -air and cable broadcasting organ ization itself, as well as 
upon its order at the expense of another organization . 
 
 
Article 3  
Legislation of the Republic of Kazakhstan on Copyright and Related Rights  
 Legislation of the Republic of Kazakhstan on copyright and allied rights consists of th e Civil 
Code, of this Law and other legal acts issued in accordance with this Law.  
 
 
Article 4  
International Agreements  
 
Where an international treaty which is ratified by the Republic of Kazakhstan stipulates rules 
that differ from those laid down in thi s Law, then the provisions of that international treaty shall 
apply.  
 
 
Chapter II  
Copyright  
 
Article 5  
Scope of Validity of the Copyright  
 
1. Under this Law , the copyright shall apply to:  
1) the works published in the territory of the Republic of Kazakhsta n or not -published but 
staying in any objective form in the territory of the Republic of Kazakhstan, irrespective of 
citizenship of authors and their assignee;  
2) the works published outside the territory of the Republic of Kazakhstan or unpublished but 
staying an any objective form outside the territory of the Republic of Kazakhstan, and  shall be 
recognized as belonging to the authors – citizens of the Republic of Kazakhstan and their 
assignees;  
3) the works published outside the territory of the Republic  of Kazakhstan or unpublished but 
staying an any objective form outside the territory of the Republic of Kazakhstan, and shall be 
recognized as belonging to the authors (their assignees) – foreigners, persons without citizenship 
under the international tre aties ratified by the Republic of Kazakhstan.  
2. The work shall be considered as published in the territory of the Republic of Kazakhstan, 
if within thirty days from the date of its first publication outside the territory of the Republic of 
Kazakhstan it w as published in the territory of the Republic of Kazakhstan.  
3. When the work is provided protection in the territory of the Republic of Kazakhstan in 
compliance with international treaties, the author of the work shall be determined under the law 
of the s tate where an action or a circumstance that served as a basis for possessing copyright, 
took place.  
4. Under the international treaties ratified by the Republic of Kazakhstan, protection shall be 
provided to the work if it  not transfer to the public prop erty in the originating country which is 
determined under the relevant international treaty, ratified by the Republic of Kazakhstan, due to 
expiration of the copyright in that country, and has not yet transferred to the public property in 
the Republic of K azakhstan due to expiration of the copyrights.  
 
 
Article 6  
Copyright Object. General Provisions  
` 
1. Copyright shall extend to works of science literature, and arts which are the result of the 
creative activity, irrespective of their designation, contents and merits, as well as of their 
expression method and form.  
2. Copyright shall extend both to published (published, issued, publicly performed, publicly 
demonstrated ), and to unpublished works which exist in some objective form:  1) written form (manuscri pt, typewriting, note writing, etc.);  
2) verbal form (public announcement, public rendition, etc.);  
3) audio - or  video recording (mechanical, digital, magnetic, optical, etc.);  
4) images (picture, sketch, painting, plan, drawing, cinematographic, telev ision, video or photo 
shot, etc.);  
5) volume and spatial form (sculpture, pattern, model, construction, etc.);  
6) other forms.  
3. Part of a work (including its title and names of characters) which possess es the properties 
indicated in P aragraph 1 of thi s Article and may be used independently, shall be the copyright 
object.  
4. Copyright shall not apply to ideas, conceptions, principles, methods, systems, processes, 
discoveries, facts.  
5. Copyright for a work shall not be associated with the proprietary r ight for the material 
object in which the work is embodied, except for cases specified in this Law.  
Article 7  
Works T hat Are Copyright Objects  
 
1.    The following shall be copyright objects:  
1) literary works;  
2) dramatic and musical -dramatic works;  
3) scenario works;  
4) choreographic works, pantomimes;  
5) musical works with or without a text ;  
6) audiovi sual works;  
7) works of painting, sculpture, graphic s, and other graphic art works;  
8) applied arts works;  
9) works of architecture, town -plannin g, design  and park and horticulture;  
10) photographic works and works made by means similar to photography;  
11) maps, plans, sketches, illustrations and three dimensional works related to geography, 
topography and other sciences;  
12) computer programs;  
13) other works.  
2. Protection of electronic computer programs shall apply to all types of electronic computer 
programs (including operational systems) which may be expressed in any language and in any 
form, including the incoming text and object code.  
3. The following shall also be referred to copyright objects:  
1) derivative works (translations, processing, annotations, reports, summaries, reviews, 
staging, musical arrangements and other remaking of works of science, literature, and art);  
2) collecti ons (encyclopedias, anthologies, databases) and other compound works which 
present the result of creative activity according to an assortment and (or) an arrangement of 
materials.  
Derivative and compound works shall be protected by the copyright, irrespec tive of whether 
the works on which they are based or which they include are the copyright objects.  
Article 8  
Works that are not Copyright Objects  
 
The following shall not be copyright objects:  
1) official documents (laws, court decisions, other texts of l egislative, administrative, 
judicial, and diplomatic nature), and their official translations;  2) state emblems and signs (flags, emblems, decorations, banknotes, and other state symbols 
and signs);  
3) works of folklore;  
4) messages about events and fac ts which are of informational nature.  
Article 9  
Emergence of Copyright  
Authorship Presumption  
 
1. The copyright for works of science, literature and art shall emerge by virtue of the fact of 
their creation. Registration of a work or special legalization of  a work or following formalities 
shall not be required for the copyright to emerge and enforce.  
To notify of his/her exclusive property rights, the author and (or) the  right owner shall have 
the right to use a copyright protection sign which is placed on  each copy of the work and 
mandatory  consists of three elements:  
1) of a circled Latin letter "C";  
2) of a name (title) of the exclusive copyright owner;  
3) of a year of the first publication of the work.  
The author in order to prove personal non -prope rty rights to the unpublished work, and the right 
owner in order to prove possession of exclusive property rights to the work at any time within 
the period of a copyright protection or within the period of validity of relevant agreements, shall 
have the ri ght to register them in state register  of rights for objects protected by copyright . 
Registration shall be accomplished by the authorized body in  the order  prescribed by this Law .  
1-1.  Works that serve (are designated) to differentiate goods (services) o f one natural or legal 
persons from similar goods (services) of other natural or legal persons shall not be registered as 
copyright objects.  
2. Unless otherwise proved,  a person indicated as an author on the original or copy of the 
work shall be consider ed the author of the work , - presumption of authorship . Presumption of 
authorship is valid exclusively with regard to author himself/herself.  
3.  When publishing the work anonymously or under pseudonym (except for cases when the 
author`s pseudonym does not  cause doubt in his/her personality), and unless otherwise proved, 
the editor whose name or title is indicated on the work shall be considered as the author`s 
representative in compliance with this Law , and this capacity shall have the right to protect the  
author`s rights and ensure their enforcement. This provision shall apply until the author of the 
work does not disclose himself/herself and does not claim his/her authorship.  
4. When a natural person who considers himself/herself the author of the non -published 
work typescript thinks it necessary to submit  it for storage in order to prevent its illegal use or 
misappropriation, the authorized body shall accept the typescript  and issue the person who 
submitted the typescript a certificate indicatin g the da te of its acceptance.  
 The procedure for submission, acceptance and storage of typescripts shall be determined 
by the authorized body.  
 
Article 9 -1. The state registration of rights protected by copyright  
 
      1. The state registration of rights protect ed by copyright (hereinafter - state registration)  is 
produced by the authority within twenty working days from receipt of the application author (s) 
or copyright owner.  
      State registration is bas ed on the application of the author (s) or right holder . 
      Application fo rms for registration of copyright are  approved by the competent authority.  
      2. The appli cation for state registration shall consist of  the data about  the author (s), surname, 
first name in full, residence, contact telephone numbe rs, data of the document certifying the 
identity of the applicant.        If the application is submitted by the right holder - his legal address is stated.  
      If the copyright work  is derivative, it is necessary to  specify the name and surname of the 
author (s) of the used product.  
      3. The following documents  are presented in registration of rights o n literary, scientific, 
dramatic, a scenario  works : 
      1) application;  
      2) copy of the work ; 
      3) copy of the document certifying the identi ty of the applicant;  
      4) original of the document confirming payment of fee for state registration.  
      4. The following documents  are presented in registration of ri ghts on musical work  with or 
without t ext, and musical -dramatic work : 
      1) appl ication;  
      2) recording of work , text , notes in a score or piano -vocal score;  
      3) copy of the document certifying the identity of the applicant;  
      4) original of the document confirming payment of fee for state registration.  
      The rights o n musical work  created in separate  co-authorship  can be registered either  
separate ly, providing  the rights of co -author , or jointly . 
      5. The following documents  are presented in the registration rights o n the work  of 
choreography, pantomimes, audiovis ual work : 
      1) application;  
      2) recording of work ; 
      3) description of the work ; 
      4) copy of the document certifying the identity of the applicant;  
      5) original of the document confirming payment of state registration fee.  
      6. The following documents  are presented in registration of rights on works  of architecture, 
urban p lanning , design  and landscape architecture : 
      1) application;  
      2) sketches, blueprints, drawings;  
      3) detailed description of the work ; 
      4) copy of the document certifying the identity of the applicant;  
      5) original of the document confirming payment of fee for state registration.  
      7. The following documents  are presented in registration of rights on the works of painting, 
sculpture, graphics, fine and applied art:  
      1) application;  
      2) copy of work or image  of a work in the form of photographs;  
      3) detailed description of the work;  
      4) copy of the document certifying the identity of the applicant;  
      5) original of the document confirming payment of fee for state registration.  
      8. The following documents  are presented in the registration of rights on photographic works 
and works obtained by processes similar to photography, as well as maps, plans, sketches, 
illustrations and three -dimensional works relative to geography , topography and other sciences : 
      1) application;  
      2) copy of the work;  
      3) copy of the document certifying the identity of the applicant;  
      4) original of the document confir ming payment of fee for state registration.  
      9. The following documents  are presented in the registration  of rights on computer programs 
or databases : 
      1) application;  
      2) media (floppy disk or other electronic media) with the program and so urce code ( incoming 
text) for computer or database;        3) abstract of a computer program or database, including the name of a computer program or 
database , name (surname, first name) of the applicant, date of creation, scope, purpose, 
functionality, bas ic specifications, programming language that implements the type of computer ;  
      4) copy of the document certifying the identity of the applicant;  
      5) original of the document confirming payment of fee for state registration.  
      Computer progra ms (software systems) which  include  several computer programs are subject 
to registration as a whole.  
      10. Works intended to distinguish the goods (services) of one natural or legal person  from  
similar goods (services) of other  natural or legal person s shall n ot be registered as copyrights.  
      11. For r egistration of rights on  service works created in the performance of official duties or 
duty of the employer, in addition to the documents submitted for registration , it is necessary to  
submit a copy of the employment contract ; in case of concluding an additional agreement 
between the author and the employer o n the o wnership  of the property rights to use a service 
work - copy of such contract and certificate on state registration  (re-registration)  of legal person . 
      If the right holder of  a work is a legal person , in addition to the documents submitted for 
registration it is necessary to  submit a copy of the certificate on state registration of legal person . 
      12. A copy of the copyright contrac t concluded with the author (s) or right holder   of the 
original work shall be submitted for  the registration of rights on the compound or derivative 
works .  
      13. Materials submitted for registration shall be numbered , bound and initialed by the autho r 
(s) or right  holder.  
      14. Examination of  completeness of documents submitted and the accuracy of their 
processing is carried out within ten working days.  
      In the case if  documents  are found to be  incomplete the authorized body , at the time 
specified , gives justified  refusal in consideration and  return documents that were provided . 
      After elimination of the authorized body ’s comments the author (authors) or right holder  has 
the right to re -apply for registration.  
      15. Works submitted for state registration  shall be examined to check whether they are 
properly fixed at the medium . 
      16. Proof o f state registration of works protected by copyright  shall be the issue of a 
certificate o n state registration  and inclusion of data into the s tate register of rights for objects 
protected by copyright . Form of certificate o f state registration of copyright  and list of data 
included into the state register of rights for objects protected by copyright  shall be  approved by 
the authorized body.  
      17. Upon application of  the author (s) or right holder on  loss or deterioration of a certificate 
of state  registration the authori zed body  within ten working days issue s its duplicate.  
      18. A fee shall be charged f or state registration of works prot ected by copyright, as well as 
their re -registration, the issuance of a duplicate of the document certifying the registration o f 
rights on works protected by copyright  in accordance with the laws of the Republic of 
Kazakhstan.  
 
Article 10  
Co-Authorship  
 
1.  Copyright to the work created by joint creative activity of two or more persons (co -
authorship) shall belong to the co -authors jointly irrespective of whether such work constitutes a 
single whole or consists of parts and each part has its own independent  meaning.  
A part of the work shall be recognized as having it own independent meaning if it can be used 
independently from other parts of this work.  
Each of the co -authors shall have the right to use the part of the work crea ted by him/her and  
that has its own independent meaning at his/her discretion unless otherwise provided by the 
agreement between them.  2.  The right to use the work  as a whole shall belong to co-authors jointly. Relations between 
the co -authors may be determined by the agreement bet ween them. Where the work of the co -
authors constitutes a single whole, then none of the co -authors shall have the right to prohibit 
from use of the work without sufficient grounds thereon.  
3.  Each of the co -authors shall have the right on his/her behalf , also without getting 
permission from other co -authors, to take measures stipulated by this Law and other legal acts of 
the Republic of Kazakhstan associated with protection of his/her rights unless otherwise 
provided by the agreement between them.  
 
Artic le 11  
Copyright to Compound Works  
 
1.  The author of the collection and other compound works (complier) shall posses the 
copyright to the selection and (or) layout of materials accomplished by him/her that result from 
creative activity (compilation).  
The compiler shall enjoy the copyright under the condition to observe the rights of each author 
of each work included into the compound work.  
Authors of the works included into the compound work shall have the right to use his/her works 
irrespective of the c ompound work unless otherwise provided by the author `s  agreement.  
The copyright of the compiler shall not impede from other persons to accomplish independent 
selection and (or) layout of the same materials to create compound works.  
2. The editor who pub lishes encyclopedias, encyclopedia reference books, periodic and 
continuous collections of scientific works, newspapers, magazines and other periodicals , shall 
have exclusive rights to use such works as a single whole.  When using such works in any way, 
the editor shall have the right to indicate his/her name or to claim such indication .  
Authors of works included  in such periodicals shall keep exclusive rights to use their works 
irrespective of the periodical as a whole.  
 
Article 12  
Copyright to Derivative  Works  
 
1.  Translators and authors of other derivative works shall have the copyright to the 
translation, alteration, arrangement or other processing.  
A translator and an author of another derivative work shall enjoy copyright to the work created 
by him/ her provided that he/she observes the rights of the author of the work that was subject to 
translation, alteration, arrangement or other processing.   
2.  The copyright of translators and authors of other derivative works shall not prevent from 
other peopl e to accomplish translations and processing of the same works.  
 
Article 13  
Copyright for Audiovisual Works  
 
1.  The following persons shall be authors (co -authors) of audiovisual works:  
1) author of the scenario;  
2) author of the musical work (with or with out words) that is specifically created for this  
audiovisual work (composer);  
3) producer;  
4) photography director;  
5) stage director . 
 The author of the previously created work that was processe d and included into the audiovisual 
work as its integral par t, shall also be considered co -author of the audiovisual work.  2. Signing an authorship agreement to create an audiovisual work (or transfer of the right to 
previously created works) except for the case stipulated by paragraph 3 of this Article shall enta il 
transfer by the authors of this work (or authors and other right owners o f the previously created 
works) of exclusive rights to the producer of the audiovisual work to use the audiovisual work 
unless otherwise provided by the authorship agreement.  
Prod ucer of the audiovisual work shall have the right to indicate his/her name or title or 
claim such indication when using this work in any way.  
3. The author of the musical work (with or without words) that is specifically created for th e 
audiovisual work s hall reserve the right to get remuneration  for use of this musical work for each 
public performance of the audiovisual work, its public announcement as well as for renting 
(leasing) the audiovisual work copies.  
4.  Authors of works that are included into the audiovisual work as its integral part that both 
existed earlier (author of the novel used as basis for scenario etc), and created in the course of 
work on it (photography director ; art director , etc) shall  enjoy copyright each for his/her work.  
 
Artic le 14  
Copyright to Official Service Works  
 
1. Personal non -property right of the author to the work created in the course of fulfilling 
official service functions or official service task by the employer (official service work) shall 
belong to the author o f the official service work.  
2.  Property rights to use official service work shall belong to the employer if  it is provided 
by the contract signed  between him/her and the author and not otherwise provided.  
3.  In any use of the official service work, th e employer shall have the right to indicate 
his/her name or to claim such indication.  
4. On expiry of ten years from the mo ment of submission of the work or earlier, in case of 
the employer`s consent, the right of the author to use the work and to get remuneration  shall 
belong to him/her in full irrespective of the contract si gned with the employer.  
5. Provisions of this Article shall not apply to creation of encyclopedias, encyclopedia 
reference -books, periodic and on -going collections of scientific work s, newspapers, ma gazines 
and other periodicals (P aragraph 2 Article 11 of this law).  
 
Article 15  
Personal Non -Property Rights  
 
1. The following personal non -property rights shall belong to the author with regard to 
his/her work:  
1) the right to be recognized as the author of the work and claim such recognition, also 
through due indication of the author’s name on copies of the work and at any public use 
if appropriate (authorship right);  
2)  the right to indicate and claim indication of a fictitious name (pseudonym) of the author 
instead of his/her real name or to refuse to indicate the name, i.e. anonymously (right to 
the name);  
3)  the right to inviolability of the work including its name,  right  to oppose to any distortion, 
misinterpretation or other change of the work , also to any other encroachment that may 
cause damage to honor and reputation of the author (the right to protection of the author`s 
reputation);  
4) the right to open access to the work for indefinite circle of people (the right to disclosure ), 
with the exce ption of works created in the performance of official duties or of duty of the 
employer. . 
2. The author shall have the right to renounce the decision that he/she made earlier on 
publication (the right to renounce) on the assumption of compensation of damages caused to the user by this decision, including  loss of profit. If the work is already published, the author shall be 
obliged to notify on its recall publicly. In this respect, he/she shall have the right to wi thdraw 
copies of the work that were already mad e, from circulation at his/her expense.  
When creating official works, t he provisions of this Article shall not apply.   
3. Personal non -property rights shall belong to the author irrespective of his/her property 
rights and shall stay as such in case of conce ssion of exclusive rights to use the work.  
4. Personal non -property rights provided by this Article shall be inalienable.  
5. Personal non -property rights after the author`s death shall be enforced according to the 
procedure stipulated in Article 30 of this Law .  
 
Article 16  
Property Rights  
 
1. The author or any owner of the right shall have property (exclusive) rights to use this 
work in an y form and by any means.  
2. Exclusive rights of the author to use the work shall mean the right to take, permit or 
forbid takin g the following actions:  
1) to reproduce the work (right to reproduction);  
2) to distrib ute the original or copies of work s by any means : to sell, to modify, to rent 
(lease) , to perform other operations, including in public telecommunication network 
(right of di stribution);  
3) to import copies of the work for distribution purposes, including  copies made with 
consent of the author or other owner of the right (right to import);  
4) to publicly demonstrate the work (right to public demonstration);  
5) to publicly perform the w ork (right to public performance);  
6) to publicly communicate the work (to communicate the work for general information), 
including broadcasting or communication by cable ( right to public communication);  
7) to broadcast the work, including the first and (or) subsequent broadcasting for general 
information (right to broadcast);  
8) to communicate the work by cable, including the first and (or) subsequent 
communication by cable for general information (right to communicate by cable);  
9) to translate the work (right to tr anslation);  
10) to alter, arrange or otherwise process the work (right to processing);  
11) take other actions that do not contradict legislative acts of the Republic of Kazakhstan.  
3. Where copies of the legally published work are put into circulation through their sale, 
their further distribution shall be possible without the author`s consent and free of remuneration .  
The right to distribute the original or copies of the work through their renting ( leasing ) 
irrespective of the right of ownership to those copies sha ll belong to the author or to the owner of 
the right to:  
1) musical work (music al text);  
2) the work fixed in the phonogram;  
3) audiovisual work;  
4) database;  
5)  electronic computer program . 
4. Exclusive right to use architectural, town -planning and landscape projects shal l include 
also practical implementation of such projects.  
5. The author or other owner of the right shall have the right to  royalties for each type of 
use of the work, the size and the procedure for calculation of which shall be determined by the 
author`s c ontract, as well as contracts signed between organizations that manage property rights 
of authors on collective basis.  6. Limitations of property rights stipulated by Paragraph 2 of this Article shall be 
established by Articles 18 -26 of this Law provided that such limitations do not cause damage to 
normal use of the work and do not infringe upon legal interest of the author and right holder.  
 
 
Article 16 -1 
Minimal Rates of Royalties  
 
Government of the Republic of Kazakhstan sets minimum rates of remuneration in cases 
where the practical realization of the property (exclusive) rights on an individual basis cannot be 
done due to the nature of the work or the peculiarities of its use (public performance, including 
radio and television, reproduction of  works by me ans of mechanical, magnetic or other recording, 
reproducing, reproduction of works for private purposes without the consent of the author and 
other cases).  
Article 17  
The Right to Access to Fine Arts Works  
 
1. The author of the fine arts work shall have t he right to claim from the owner of the work 
to grant opportunities to enforce the right to reproduce his/her work (right to access). At this, the 
owner of the work can not be claimed to deliver the work to the author.  
2. In each case of public (via aucti on, fine arts gallery, fine arts salon, shop etc) re -sale of 
the original of the fine arts work  after the first alienation of the right of ownership to such fine 
arts work, the author or his/her heirs shall have the right to get remuneration  from the selle r in 
the amount of five per cent from the re -sale price (right to abidance ). This right shall be 
inalienable during the life of the author and shall transfer exclusively to heirs of the author under 
the law or under will for the period of the copyright val idity.  
3. Transfer of the right of ownership to the fine arts work ( for pay o r gratis) from the author 
to another person shall mean the first alienation of this work.  
 
Article 18  
Reproduction of the Work for Personal Purposes Without Consent of the Author  or Owner 
of the Right and Without Paying Out Royalties  
 
1. It shall be allowed for a natural person, without consent of the author or  owner of the 
right and without paying out royalties, to reproduce in singe copy the legally published works 
exclusively for personal use and without getting profits, except for cases stipulated by Article 26 
of this Law.  
2. The provision of Paragraph 1 of this Article shall not apply to:  
1) reproduction of works of architecture in the form of buildings and similar constructions;  
2) reproduction of data bases or their significant parts;  
3) reproduction of electronic computer programs, except for cases stipulated by Article 24 
of this Law;  
4) reproducing (reprographic reproduction) of books ( in full) and musical texts.  
 
Article 19  
Use of the Wo rk Without Consent of the Author or Owner of the Right  
and Without Paying Out Royalties  
 
1. It shall be allowed, without consent of the author or owner of the right and without 
paying out royalties, but with compulsory indication of the author 1s name , whose work is being 
used, and of the borrowing resource:  1) to cite in the original and translations for scientific, research, polemic, critical and 
information purposes from the legally published works in the size that is justified for the 
citation purposes, inclu ding reproduction of extracts from newspaper and magazine 
articles in the form of periodical reviews;  
2)  to use legally published works and extracts thereof for the purpose of illustration in 
periodicals, in radio - and TV programs, in audio - and video -record ings of training nature , 
in the volume justified for this purpose;  
3) to reproduce in newspapers, to broadcast or communicate by cable for general 
information articles  on current economical, political, social and religious aspects that are 
legally published i n newspapers and magazines  or broadcasted works of such nature, 
where such reproduction, broadcasting or communication by cable were not speci fically 
forbidden by the author;  
4) to reproduce in newspapers, to broadcast or communicate by cables for general 
information the publicly delivered political speeches, addresses, reports and other similar 
works in the volume justified for the information purposes. At this, the author shall 
reserve the right to publish such works in work collections;  
5) to reproduce or comm unicate for general information in the reviews of current events 
through photographic s or cinematographic means, via broadcasting or communication by 
cable for general information of works that become seen or heard in the course of such 
actions, in the vo lume justified for the information purposes. At this, the author shall 
reserve the right to publish such works in work collections;  
6) to reproduce legally published works without profiting, through relief -point print ing or 
by other sp ecial means for blind pe ople, ex cept for works that are specifically created for 
such reproduction means ; 
7) to reproduce legally  published works by libraries and archives without profit ing in a 
single item with  transfer it into a digital format in order to replace lost or damaged 
copies of the work, as well as to provide  copies of the work to other libraries that have 
lost the work  for any reason  from  its funds .  
 
Article 20  
Use of Works Though Reproducing  
 
It shall be allowed, without consent of the author or another owner of the right and without 
paying out royalties, but with compulsory indication of the author, whose work is being used, 
and of the borrowing resource , to reproduce in a single copy and without profiting:  
1) by libraries and archives – of the legally published work wi th the purpose to recover, 
change of lost or damaged copies, to provide copies of the work to other libraries that lost 
for certain reasons the work from their funds;  
2) by libraries and archives - of separate articles and small -sized works that are legally 
publis hed in collections, n ewspapers and other periodicals, short extracts from legally 
published written works (with or without illustrations) , upon request of natural persons 
for training and research purposes;  
3) by educational institutions – of separate ar ticles and small -sized works that are legally  
published in collections, mews papers and other periodicals, short extracts from legally 
published written works (with or without illustrations) for lecturing purposes.  
 
Article 21  
Free Use of Works That Are Per manently Located  
In Places Open For Free Access  
 
 It shall be allowed, without consent of the author or owner of the right and without paying out 
royalties, to reproduce, to broadcast and (or) communicate for general information via cable of 
works o f architecture, photography, fine arts, that are permanently located in the place open for 
free access, except for cases when the image of the work is the main object of such reproduction, 
broadcasting and (or) communication for general information via cable , or when the image of the 
work is used for commercial purposes.  
 
Article 22  
Public Performance of Works During Official and Other Ceremonies  
 
It shall be allowed, without co nsent of the author or another owner of the right , and without 
paying out royalties, t o publicly perform legally published musical works during official and 
religious ceremonies, as well as funerals , in the volume justified by n ature of such ceremonies.   
 
Article 23  
Reproduction of Works for Judicial and Administrative Purposes  
 
It shall b e allowed, without consent of the author or another owner of the right, and without 
paying out royalties, to reproduce works for judicial and administrative purposes in the volume 
justified with this purpose.  
 
Article 24  
Free Reproduction of Electronic Com puter and Database  Programs . Recompilation of 
Electronic Computer Programs  
 
1. The person who legally owns a copy of the electronic computer or a database  program , 
shall have the right, without consent of the author or another owner of exclusive rights to use the 
work, and without paying out royalties:  
1) to make changes to the electronic computer or a database program, solely for their operation 
purposes , on technical means of the user;  to take any actions required for operation of the 
electronic computer or a database program in compliance with its functions, including recording 
and storing in the electronic computer memory (one electronic computer or one network user), as 
well as correction of obvious mistakes , unless otherwise provided by the contract wi th the 
author;  
2) to make or instruct to make a copy of the electronic computer or a database program , provided 
that this copy is designated only for archive purposes and for change of legally purchased copy 
in cases when the original of  the electronic com puter or a database program  is lost, destroyed or 
become unusable. At this, a copy of the electronic computer or a database program can not be 
used for purposes different from those mentioned in Sub -Paragraph 1) of this  Paragraph and 
must be destroyed if ownership of the copy of this electronic computer or a database program 
cease to be lawful.  
2. The person who lawfully owns a copy of  an electronic computer program, shall have the 
right, without consent of the author or another owner of exclusive rights  and without paying out 
additional royalties, to reproduce and change the object code into incoming text ( decompile the 
electronic computer program)  or to instruct other people take these actions if they are required to 
achieve the possibility for the elec tronic computer program that is independently developed by 
this person, to interact with other programs that can interact with the program being decompiled, 
provided the following conditions are observed:  
1) the information required to achieve the  possibi lity for interaction, was not accessible to this 
person from other sources;  
2) the indicated actions are taken only with regard to those parts of the electronic computer 
program under recompilation that are required to achieve the possibility to interact;  3) the information obtained as a result of recompilation, may be used only to achieve the 
possibility for the electronic computer program that is independently developed, to interact with 
other programs, and can not be submitted to other persons, except fo r cases when it is  required 
to achieve the possibility for the electronic computer program that is independently developed, to 
interact with other programs, and can not be used to develop an electronic computer program 
that is significantly similar by its  nature with the electronic computer program under 
recompilation, or to perform any other operation infringing the copyright.  
3.  Application of the provision of this Article shall not cause unjustified damage to normal 
use of the electronic computer or a  database program and shall not infringe legal interests of the 
author or any other holder of exclusive rights to an electronic computer or a database program.  
  
Article 25  
Records of Short -Term Use of Works by Broadcasting Organizations  
 
A broadcasting o rganization shall have the right, without consent of the author or owner of the 
right, and without paying out royalties , to record short -term use of the work with regard to which 
this organization obtained the right to broadcast , on the assumptions of the following conditions:  
1) production of recording by broadcasting organization with use of its own equipment and for 
its own program;  
2) destruction of such recording within six months from the date of its production , if a longer 
time period was not agreed upon with the author or owner of the right to the recorder work. Such 
recording may be kept without consent of the author or owner of the right in official archives, if 
the recording has exclusively documentary nature.  
 
Article 26  
Reproduction of Works fo r Personal Use Without Consent of the Author  
and With Paying Out Royalties  
 
1.  It shall be allowed, without consent of the author of the work, performer, producer of the 
audiovisual work and producer of the phonogram, but with paying out royalties, to re produce 
audiovisual work or sound recording for personal use and without profiting.  
2. Remuneration  for the work indicated in Paragraph 1 of this Article shall be paid out by 
persons who manufacture or import equipment and material devices used for such r eproduction.  
The list of such equipment and material devices shall be approved by the authorized body .  
3. Such remuneration  shall be collected and distributed by on e of the organizations that 
manage property rights of authors, phonogram producers and per formers on collective basis in 
compliance with the agreement between those organizations (Article 43 of this Law).  
4. Unless otherwise provided by this agreement, this remuneration  shall be distributed in the 
following proportions: forty per cent – to aut hors;  thirty per cent – to performers;  thirty per cent 
– to phonogram producers.  
5. The size of the remuneration  and the terms of its payment shall be determined by the 
agreement between the indicated producers and importers from one hand, and organizat ions that 
manage property rights of authors,  phonogram producers and performers on collective basis, on 
the other hand; and if the parties do not come to such agreement – by the authorized body of the 
Republic of Kazakhstan.  
6. Remuneration  shall not be p aid out with regard to the equipment and material devises 
which are indicated in Paragraph 2 of this Article and which are subject to exportation, as well as 
to professional equipment not intended for family use.  
 
Article 27  
Exportation of Works For Person al Use  
 A natural person shall be allowed, without consent of the author of the work or other copyright 
owner and without paying out royalties, to export works abroad exclusively for personal use, 
except for works exportation of which will cause damage to national interests of the country  and 
the list of which is determined under the established procedure.  
 
Article 28  
Validity of Copyright  
 
1. Copyright shall be valid during the life of the author and for the period of seventy years 
after his/her death, e xcept for cases stipulated by this Article.  
2. The right to authorship, the right to name and the right to protection of the author`s 
reputation shall be protected termless .   
3. The author shall have the right , under the same procedure as  an executor of a will is 
assigned , to assign a person whom he/she makes responsible to protect the right to authorship, 
the right to name and the right to protect his/her reputation after his/her death. This person shall 
fulfill his/her authorities for term of life. On a bsence of such instructions, protection of the right 
to authorship, the right to name and the right to protect the author`s reputation after his/her death 
shall be exercised by his/her heir ob by the authorized body of the Republic of Kazakhstan , 
which exe rcise s such protection if there are no heirs or their right to authorship terminated.  
4. The copyright to the work that is published anonymously or under pseudonym, shall be 
effective within seventy years after the date of its lawful publication. If withi n the indicted 
period the author of the work that is published anonymously or under pseudonym, discloses 
his/her personality or if his/her personality will not cause doubts, then provisions of Paragraph 1 
of this Article shall apply.  
5. The copyright to t he work created in co -authorship , shall be effective during all his/her 
life and within seventy years after death of the last author who outlived other co -authors.      
6. The copyright to the work that was published for the first time after thirty years f rom 
death of the author, shall be effective within seventy years after its publication  starting from the 
first of January of a year following the year of its publishing.  
7. If the au thor was subject to repression and rehabilitation after his/her death , the time 
period for the right  protection stipulated by this Article, shall com e into effect from the first of 
January of a year following the year of rehabilitation.  
8. Calculation of time periods stipulated by this Article, shall start from the first of J anuary 
of a year following the year in which a legal fact that is the basis for start of the time period , took 
place.  
9. When granting protection to the work in compliance with international treaties ratified by 
the Republic of Kazakhstan, the validity of  the copyright shall not exceed the time period 
determined in the originatin g country in compliance with Paragraph 4 Article 5 of this Law.  
Time periods stipulated by this Article, shall apply in all cases when a legal fact that is the basis 
for start of the time period , took place not earlier than seventy years prior to this Law to come 
into effect.  
 
Article 29  
Transfer of Works to Public Property  
 
1. Expiration of the copyright to works shall mean their transfer to public property.  
2. Excluded.  
3. Works that a re transferred to public property, may be freely used by an y person without 
paying out royalties. At this, the right to authorship, the right to name and the right to protect the 
author`s reputation shall be honored.  
4. With the aim to contribute to creative  activity of authors, improve their materi al welfare 
and life conditions,  users of the works that are transferred to public property, shall have the right to allocate to professional funds of authors or to organizations that manage property rights of 
autho rs on collective basis.  
 
Article 30  
Transfer of Copyrights  
 
1. Copyrights shall transfer under author`s cont racts and under the procedure for inheritance.  
2. Copyrights shall transfer under the procedure for inheritance in compliance with the law 
or will.  
3. Personal property rights of the author, stipulated by Article 15 of this Law, shall not 
transfer under the procedure for inheritance. The author`s heirs shall have the right to accomplish 
protection of personal non -property rights. The indicated authorities s hall not be limited in time  
frame.  
4. The author shall have the right, under the same procedure as an executor of a will is 
assigned, to assign a person on whom he/she places protection of his/her personal non -property 
rights. Such person shall fulfill hi s/her authorities for term of life. On absence of such 
instructions from the author, protection of personal non -property rights of the author after his/her 
death shall be exercised by his/her heirs ob by the authorized body of the Republic of 
Kazkahstan , which exercise s such protection if there are no heirs or their copyright terminated.  
 
Article 31  
Transfer of Property Rights. Author`s Agreement   
 
1.  Property rights of the author specified in Art icle 16 of this Law may be ceded  fully or 
partially , as we ll as may be transferred for use under the author`s agreement on transfer of 
exclusive rights or under the author`s agreement on transfer of exclusive rights . 
Any concession of property rights shall be confirmed by the written contract signed between the 
author and the person to whom the property rights are ceded.  
2. The author`s agreement on transfer of exclusive rights shall allow use of the work by 
certain way and in the limits specified in the agreement only by the person to whom these rights 
are trans ferred, and shall allow such person to forbid such use of the work by ot her people.  The 
right to forbid use of the work by  another person may be exercised  by the author of the work , if 
the person to whom the exclusive rights are transferred, does not exer cise protection of this right. 
3. The  author`s agreement on transfer of exclusive rights shall allow the user to use the 
work on a par with the owner of exclusive rights who transferred such rights and (or) other 
people who obtained permission to use this  work in the same way.  
4. The rights transferred under the author`s agreement shall be considered as non - exclusive , 
unless otherwise directly provided by the agreement.  
 
Article 32 
Terms  and form  of the Author`s Agreement.  
 
1.  The author`s agreement s hall provide  for: 
1) the ways to use the work (concrete rights transferred under this agreement);  
2) the time period and territory on which the right is transferred;  
3) the size of the remuneration  and (or) the procedure for determining the size of the 
remuneration  for each way of use of the work; the procedure and dates of its payment, as well as 
other terms that the parties may consider important for this agreement.  
2. Where the author`s agreement does not provide for the terms of the time period for whic h 
the right is transferred, the agreement may be annulled on expiration of one year from the date of 
its signing , if the user is notified thereon in written three months prior to annulment of the 
agreement.  3. Where the author`s agreement does not provide  for the terms of the territory for which the 
right is transferred, the validity of the right transferred under the agreement shall be limited by 
the territory of the Republic of Kazakhstan.  
4. The rights to use the work that are not directly transferred under the author`s agreement 
shall be considered as not -transferred.  
5. Rights to use works that are not known at the moment of signing the agreement, can not 
be the subject of the author`s agreement.  
6. Remuneration  shall be determined in the author`s a greement as a percentage from the 
profit obtained as result of relevant use of the work and, if it is possible due to the nature of the 
work or due to peculiarities of its use, as a fixed sum or in any other way.  
7. The rights that are transferred under t he author`s agreement may be transferred fully or 
partially to other persons only if it directly provided for in the agreement.    
8. The rights to  use works that the author may create in the future, shall not be the subject  
of the author`s agreement, exc ept for cases stipulated by Articles 14 and 33 of this Law.  
9. The term of the author`s agreement that restricts the author from creating works in the 
given subject or in the given field in future, shall be in effective .  
10. The terms of the aut hor`s agre ement that contradict provisions of this Law shall be 
ineffective . 
11. The author`s agreement shall be signed in written. The author`s agreement on use of the 
work in a periodical press may be concluded verbally.    
12.  When selling electronic copies of w orks including electronic computer and data base 
programs, as well as when providing broad circle of users access to them , it shall be allowed to 
use other forms of agreements and the procedure for their concluding that are established by 
legislation of th e Republic of Kazakhstan.  
13. A party that has not fulfilled or has not duly fulfilled the liabilities under the author`s 
agreement, shall be obliged to repair the damages caused to the other party including the lost 
profit.  
 
Article 33  
The Author`s Agre ement on the Order  
 
1. Under the author`s agreement on the order, the author shall be committed to create a 
work in compliance with the term s of the agreement , and to submit it to the customer.  
The author's agreement on the  order must specify  the period du ring which the work must 
be submitted to the customer, as well as  transfer of property rights to use the work.   
2. The customer shall be committed to pay out an advance to the author on account of the 
agreed remuneration . The size, the procedur e and the da tes of payment of an advance shall be 
agreed upon by the parties and stipulated in the agreement.  
3. The author who does not submit the ordered work in compliance with the order 
agreement terms, shall be obliged to repair actual damages caused to the cust omer.   
Chapter III  
Related Rights  
 
Article 34  
Objects of Related Rights  
 
Related rights shall extend to staging, performances, phonograms, transmissions of broadcasting 
and cable broadcasting organizations irrespective of their designation, content and m erit, as well 
as of the method and form of their expression.  
 
Article 35  
Subjects of Related Rights  
 
1.  Performers, producers of phonograms and broadcasting and cable broadcasting 
organizations shall be subjects of related rights.  
2. Producer  of a phono gram and a broadcasting organization shall exercise the rights 
stipulated in th is Chapter, within the rights received under a contract with the performer and 
author of the work , which is recorded on a phonogram or broadcasted on the air or by a cable.  
3.  A performer shall exercise the rights stipulated in th is Chapter, subject to the compliance 
with the rights of the authors of the work  under creation.  
4. For the emergence and performance of the related rights neither registration of the works 
nor the ob servance of some formal requirements  shall be required . In order to notify on his/her 
rights, p roducer of a phonogram and (or) performer shall have the right to use protection sign of 
related rights which is fixed on each copy of a phonogram and (or) on ea ch case where they are 
kept, and it shall consist of three elements:  
1) circled Latin letter "P";  
2) name ( title) of the owner of exclusive related rights;  
3) date of first publishing of the phonogram.  
5. Unless otherwise proved, a natural person or a legal entity whose name or title is indicated on 
the phonogram and (or) the case where it is embodies , shall be recognized as a producer of a 
phonogram.  
Article 36  
Validity of Related Rights  
 
1. The right of the performer shall be recognized a s such in com pliance with this L aw in cases 
where:  
1)  the performer is the citizen of the Republic of Kazakhstan;  
2) the staging, performance has first taken place in the territory of the Republic of 
Kazakhstan;  
3) the staging, performance are recorded on a phonogram that is protected in compliance 
with the provisions of Paragraph 2 of this Article;  
4) the staging, performance that are not recorded on a phonogram , are included in the 
transmission of a broadcasting and cable broadcasting organization that is protected i n 
compliance with the provisions of Paragraph 3 of this Article.  
2. The right of the producer of the phonogram shall be recognized as such in compliance 
with this Law in the following cases:  
1) the producer of the phonogram is the citizen of the Republic o f Kazakhstan or a legal 
entity that is officially located in the territory of the Republic of Kazakhstan ; 
2) the phonogram is first published in the territory of the Republic of Kazakhstan .  A phonogram is considered as first published in the territory of the Republic of Kazakhstan 
if within thirty days after the date of its publication outside the Republic of Kazakhstan , it was  
published  in the territory of the Republic of Kazakhstan.  
3. The right of the organization  of the air or cable broadcasting shall  be recognized  as 
belonging to it  in compliance with this Law in case when the organization  is official ly located in 
the territory of the Republic of Kazakhstan and carries out broadcasting with the help of 
transmitters located in the territory of the Rep ublic of Kazakhstan.  
4. Related rights of foreign natural persons and legal entities shall be recognized in the 
territory of the Republic of Kazakhstan in accordance with international treaties ratified by the 
Republic of Kazakhstan if a relevant staging,  phonogram, transmission of an on -air broadcasting 
or cable broadcasting organizations has not been transferred to public property in the originating 
country, that is determined under the relevant international treaty ratified by the Republic of 
Kazakhstan , due to expiration of the related rights in such country and has not been transferred to 
public property in the Republic of Kazakhstan due to expiration of related rights.  
 
Article 37  
Rights of a Performer  
 
1.  Additional to the cases stipulated by this Law, the following personal non -property and 
property rights  shall belong to the performer:  
1) right to name;  
2) right to protection of the performance or staging from any distortion or any other infringement 
that may cause damage to honor and dignity of the performer (right to protect reputation);  
3) right to use the staging or a performance in any way, including the right to get royalties for 
each type of use of the staging or performance.  
1-1. Personal non -property rights shall belong to the per former i rrespective of his/her property 
rights and shall remain with him/her in case of concession of exclusive property rights to use a 
performance.  
2.  Exclusive rights of a performer to use the performance or staging shall mean the right to 
allow or forbid tak ing the following actions:  
1) to record the staging or the performance that were not recorded earlier;  
2) to reproduce directly or indirectly the staging or performance recording in any way;  
3) to transmit, communicate for general information via cable or communicate for general 
information the staging or performance without using the recording of the staging or 
performance, except for cases stipulated by Paragraph 1 Article 39 of this Law;  
5) to rent ( lease ) a phon o-recorded staging or performance with par ticipation of the performer 
that was published for commercial purposes. When concluding a contract for recording the 
performance on a phonogram, this right shall transfer to the producer of a phonogram. At this, 
the performer shall reserve the right to remuneration  for renting ( leasing ) copies of such 
phonogram.  
3. The exclusive right of the performer stipulated by Sub -Paragraph 2) P aragraph 2 of this 
Article shall not extend to cases when:  
1) the initial recording of the staging or performance is made with  consent of the performer;  
2) the staging or performance is reproduced for the same purposes for which the consent of the 
performer was obtained when recor ding the staging or performance;  
3) the staging or performance is reproduced for the same purposes fo r which the recording was 
made in compliance with Article 41 of this Law.  
4. Permissions specified in Paragraph 2 of this Article shall be issued by the performer, and 
in case of performance by a group of performers – by the manager of such group through signing 
a written contract with the user.   ’  
5. Permissions specified in Sub -Paragraphs 1), 2) and 3) of Paragraph 2 of this Article for 
the next transmissions of the staging or performance, recording for transmission and reproduction of such record by on -air and cable broadcasting organizations sh all not be required 
if they are stipulated by the contract signed between the performer and an on -air and cable 
broadcasting organization. T he size of the remuneration  to the performer for such use shall also 
be determined in this contract.  
6. Signing a contract between a performer and a producer of an audiovisual work shall 
entail provision of rights specified in Sub -Paragraphs 1), 2), 3) and 4) of Paragraph 2 of this 
Article by the performer. Provision of such right s by the performer shall limit t o use of the 
audiovisual work and, unless otherwise stipulated in the contract, shall not include rights to 
separate use of the sound or image fixed in the audiovisual work.  
7. Exclusive rights of the performer stipulat ed by Paragraph 2 of this Article may be 
transferred to third parties under the contract.  
 
Article 38  
Rights of the Producer of the Phonogram  
 
1. Additional to the rights stipulated by this Law, the producer of the phonogram shall have 
exclusive rights to use phonograms in any way, including the right to get royalties for each type 
of use of the phonogram.  
2.  Exclusive rights to  use the phonogram shall mean the right to take, allow or forbid taking 
the following actions:  
1) to reproduce directly or indirec tly the phonogram in any way;  
2) to distribute the original and copies of the phonogram, including though importation, sale or 
any other transfer of the right of ownership;  
3) to rent (to le ase) phonogram even after its distribution by the producer of the phonogram or 
upon his/her permission;  
4) to alter or process the phonogram in any way;  
5) to communicate the phonogram for general information.  
3. If copies of the lawfully published phonogram are placed into civil circulation through 
their sale, then thei r further distribution shall be allowed without consent of the producer of the 
phonogram and without pay -out of royalties. The right to distribute copies of the phonogram 
through their renting (le asing ) shall belong to the producer of the phonogram irrespe ctive of the 
right of ownership to those copies.  
4. Exclusive rights of the producer of the phonogram stipulated by Paragraph 2 of this 
Article may be transferred to third parties under the contract..  
 
Article 39  
Use of the Phonogram Published for Commerc ial Purposes Without Consent  
of the Producer of the Phonogram and the Performer  
 
1. The following shall be allowed without consent of the producer of the phonogram that is 
published for commercial purposes and of the performer whose performance is recorde r on such 
phonogram, but with paying out royalties:  
1) public performance of the phonogram;  
2) broadcasting of the phonogram;  
3) communication of the phonogram for general information via cable.  
2. Collection, distribution and pay -out of royalties stipulat ed by Paragraph 1 of this Article, shall 
be accomplished by one of the organizations that manage the rights of producers of phonograms  
and performers o n collective basis (Article 43 of  this Law), in compliance with the contract 
between these organizations.  Unless otherwise stipulated by this contracts, the said remuneration  
shall be equally shared between the producer of the phonogram and the performer.  
3. The size of the remuneration  and the terms for its pay -out shall be determined in the 
agreement betwee n the phonogram users or units (associations) of such users from one side, and organizations that manage the rights of producers of phonograms and performers, from the other 
side, and if the parties do not reach such agreement – by the authorized body. The  size of the 
remuneration  shall be established for each type of use of a phonogram.  
4. Phonogram users shall be obliged to provide the organizations specified in Paragraph 2 of 
this Article, programs that contain precise  data  on the quantity of the phonog ram use, as well as 
other data and documents required for collection and distribution of the remuneration .  
 
Article 40  
Rights of the On -Air and Cable Broadcasting Organization  
 
1. Additional to the rights stipulated by this Law, on -air and (or) cable broa dcasting 
organizations with regard to their transmissions shall have exclusive rights to use the 
transmission in any way  and to permit use the transmission , including the right to get royalties 
for giving such permission.  
2.  Exclusive rights to use the transmission shall mean the right to take, allow or forbid 
taking the following actions:  
1) to broadcast the transmissions;  
2) to communicate the transmissions for general information via cable or to broadcast the 
transmission;  
3) to record the transmission ; 
4) to reproduce the record of the transmission;  
5) to communicate the transmissions for general information in places with paid access;  
6) to communicate the transmission for general information.  
3. The exclusive right of the on -air and (or) cable broadc asting organization stipulated by 
Sub-Paragraph 4) Paragraph 2 of this Article shall not extend to cases when:  
1) the transmission is recorded with consent of the on -air and (or) cable broadcasting 
organization;  
2) the transmission is reproduced for the sa me purposes for which it was recorder in compliance 
with Article 41 of this Law.  
 
Article 40 -1 
Transfer of Exclusive Rights. Licensing Agreement  
 
Exclusive rights specified in Articles 37, 38, 40 of this Law may be conceded fully or partially 
and also ma y be transferred for use under the license agreement on transfer of exclusive or non -
exclusive rights. Requirements stipulated by Article 32 of this Law shall apply to such agreement.  
 
Article 40 -2.  
The minimum rates of remuneration for performers and ph onogram producers  
 
      Government of the Republic of Kazakhstan sets minimum rates of remuneration for 
performers and phonogram producers in cases where the practical realization of the property 
(exclusive) rights on an individual basis cannot be done due to the nature of performances or 
phonograms (public performance, including radio and television, reproduction of  works by 
mechanical , magnetic or other recording, reproducing, reproduction for private purposes without 
the consent of the performer and th e phonogram producer and in other cases).  
 
Article 41  
Limitations of Rights of the Performer, Producer of a Phonogram,  
of On -Air or Cable Broadcasting Organization  
 1. It shall be allowed, without consent of the performer, producer of a phonogram, of on -air 
or cable broadcasting organization and without paying out royalties to use performance, staging , 
transmissions of on -air or cable broadcasting organizations and their recordings as well as to 
reproduce phonograms  for the following purposes : 
1) for inclu ding small extracts from a performance, staging, phonogram, transmissions of on -air 
or cable broadcasting organization to the reviews  on current events ; 
2) exclusively for training and scientific research  purposes ; 
3) for citation small extracts from a per formance, staging, phonogram, transmissions of on -air or 
cable broadcasting organization provided , that such citation is made for information purposes. At 
this, any use by an on -air or cable broadcasting organization of copies of phonograms that are 
publis hed for commercial purposes for broadcasting, communicating for general information via 
cable or communication to the general information shall be possible subject to complying with 
the provisions of Article 39 of this Law;  
4) in other cases stipulated by Articles 18 -26 of this Law with regard to limitation of property 
rights of the author of a scientific, literature and fine art works.  
2. For exception from Articles 37 -40 of this Law, use of the transmission of the on -air or 
cable broadcasting organization  and its recordings, as well as reproduction of the phonogram 
exclusively for personal use , shall be allowed without consent of the performer, producer of a 
phonogram, on -air or cable broadcasting organization. Reproduction of the phonogram shall be 
allowe d subject to pay -out of the remuneration  in compliance with Article 26 of this Law.  
3. Provisions of Articles 37, 38, 40 of this Law with regard to getting permission from the  
performer, producer of a phonogram, on -air or cable broadcasting organization t o record a short -
term use of the performance, staging or transmission, to reproduce such records and to reproduce 
phonograms published for commercial purposes shall not apply, if recording of a short -term use 
or reproduction is accomplished by the on -air or cable broadcasting organization with use of its 
own equipment and for its own transmission on the subject of:  
1) preliminary obtaining by the on -air or cable broadcasting organization of a permission for 
transmission of the performance, staging or transm ission with regard to which a recording of a 
short -term use or reproduction of such recording  is being accomplished in compliance with the 
provisions of this P aragraph ; 
2) its destruction within the time period that is established with regard  to the recor ding of short -
term use of scientific, literature and fine arts works that are produced by the on -air or cable 
broadcasting organization in compliance with Article 25 of this Law, except for the recording 
that may be kept in archives due to its exclusive do cumentary nature.  
4. Limitations stipulated by this Article shall apply without prejudice to normal use of the 
phonogram, performance, staging, transmission of the on -air or cable broadcasting organization 
and their recordings, as well as scientific, lite rature, fine arts works included  therein , and 
without infringement of legal interests of the performer, producer of a phonogram, on -air or 
cable broadcasting organization and the authors of indicated works.  
 
Article 42  
Period of Validity of Related Rights  
 
1. The rights stipulated by this Chapter with respect to the performer shall be effective  
within seventy years after the first performance or staging. The  rights of the performer to name 
and to protection of the performance or staging from any distortion s and any other infringement 
that may cause damage to honor and dignity of the performer that are stipulated by Article 37 of 
this law, shall be protected during an indefinite period.  
2. Rights stipulated by this Chapter with respect to the producer of th e phonogram shall be 
effective within seventy years from its the first recording, if the phonogram was not publ ished 
within this time period.  3. Rights stipulated by this Chapter with respect to an the on-air broadcasting organization 
shall be effective w ithin seventy years after conducting by such an organization  of the first on-air 
broadcasting.  
4. Rights  stipulated by this Chapter  with respect to the cable broadcasting organization shall 
be effective within seventy years after conducting by such an organization  of the first 
broadcasting by cable  for general information .  
5.  Radio – and TV programs (broadcastings) with respect to which the seventy year period 
did not expire from the moment of their legal publishing or creation, if they were not pu blishe d, 
from the date of this L aw came into effect, shall be protected within the remaining per iod as 
related rights objects.  
6. Calculation of dates stipulated by Paragraphs 1,2,3,4 of this Article shall start from the 
first of January of the year following t he year in which the legal fact that serves as basis for start 
of the period took place.  
7. If the performer was subject to repression and rehabilitated after his/her death, then the 
date for protection of rights stipulated by this Article shall start fro m the first of January of the 
year follow ing the year of rehabilitation.  
8. The right to allow use of a performance, staging, phonogram, transmission of on -air or 
cable broadcasting organization and to get royalties within the limits of the remaining perio d 
specified in Paragraphs 1,2,3,4 of this Article shall transfer to heirs (with respect to legal entities 
– to assignees) of the performer, producer of a phonogram, of on -air or cable broadcasting 
organization.  
9. Expiration of the related rights to perfor mances, staging, phonograms, transmissions of 
on-air or cable broadcasting organizations shall mean their transfer to public property.  
With respect to related rights that are transferred to public property, provisions of Artic le 29 
of this L aw shall apply taking into account provisions of Articles 34 -42 of this Law.  
 
Chapter IV  
Collective Management of Property Rights  
 
Article 43  
Goals of the Collective Management of Property Rights  
 
1. Authors of works of science, literature and fine arts, performers, pr oducers of 
phonograms and other owners of copyright and related rights for their practical realization shall 
have the right o est ablish organizations that manage  their property rights on collective basis .  
2. The organizat ions that manage  the property rig hts on collective basis shall not be able to 
do commercial activity and to accomplish use of works and objects of related ri ghts that are 
obtained to manage on collective basis.  
3. It shall be allowed to establish separate organizations on various rights a nd of various  
categories of right holde rs, or organizations that manage  various rights in  the interests of one 
category of right holde rs, or organizations that manage  one type of rights in the interests of 
various categories of right holders. Such organiz ations shall be established directly by owners of 
copyrights and related rights and shall operate within the authorities received from them under 
the Statute.  
 Organizat ions that manage  the property rights on collective basis shall be created in the 
follow ing fields:  
1) management of the exclusive rights for public musical works (with or without text) 
and pieces of musical and dramatic works with regard to their public performance, making 
available for public by cable or  air -transm ission, including retrans lation;  2) exercise of the rights of composers -authors of the musical works (with or without text), 
used in audiovisual work, to receive remuneration  for public performance or making available 
for publ ic by cable or air -transmission;   
3) management of the resale remuneration  right  with regard to the visual arts;  
 
4) exercise of the rights of authors, performers, producers of phonograms and audiovisual 
works to receive remuneration  for reproduction of phonograms and audiovisual works for 
personal need withou t financial gain;  
5) exercise of the rights of performers to receive remuneration  for public performance 
and making available to the public by cable or air -transmission of phonograms p ublished for 
commercial purpose;  
6) exercise of the rights of producers of phonograms to receive remuneration  for public 
performance and making available to the public by cable or air -transmission of phonograms 
published for commercial purpose;  
7) management of rights for reproduction (reprographic reproducti on) of publicly 
available works;  
8) exercise of rights o f broadcasting and cablecasting  organizatiobns  to receive a 
remuneration for public performance, as well as broadcasting and cablecasting  of their own 
programs published for commercial purposes. . 
4. Autho rities for col lective management  of property rights shall transfer directly by owners 
of copyrights and related rights voluntarily based on written contacts as well as based on  relevant 
contracts with foreign organizations that manage  similar rights  taking into account paragraph 2 
of Article 46 -1 of the present Law . 
5. Statu tes of organizations that manage  property rights on collective basis shall contain 
provisions that meet the req uirements of this Law. Refusal to regist er the organization that 
manage  property rights o n collective basis shall be allowed in case of infringeme nt of the 
requirements of this L aw and the legislation  that stipulates the procedure for registration public 
organizations.  
6. Management of the activity of the indicated organization shall be accomp lished by 
owners of copyrights and related rights, whose property rights it manages . Making decision 
regarding the size of the remuneration  and the terms of concluding of a license contract with 
users, the method of distribution and pay -out of the collecte d remuneration  and other principal 
issues related to activity of such organization shall be accomplished exclusively by owners of 
copyrights and related rights jointly at the general meeting.  
 
Article 44  
Activ ity of Organizations That Manage  Property Righ ts on Collective Basis  
 
1. Any author, his/her heir or any other owner of copyrights and related rights, that are 
protected in compliance with Chapter III of this Law, shall have the right to transfer enforcement 
of his/her property rights to the organizat ion that manages  property rights on collective basis , and 
the organization shall be obliged to take over enf orcement of those rights on collective basis, if 
management of such category of rights is covered by the Statue of this organization. The 
specified organizations shall not have the right to exe rcise use of works and objects of related 
rights obtained for management on collective basis.  
2.  Based on the authorities obtained in compliance with Paragraph 3 of Article 43 of this 
Law, the organization tha t manage s the property rights on collective basis shall sign license 
contracts with users for the relevant methods of use of works and objects of related rights. Such 
license contracts shall allow use of all works and objects of related rights  by the metho ds 
stipulated by su ch license contracts, including those that are not transferred to management of 
the organization in compliance with paragraph 3 Article 43 of this Law. T erms of such licensing contracts shall be equal for all users of the same category. The indicated organizations shall  not 
have the right to refuse to  sign a licensing contract without providing sufficient reasons for that.  
2-1. Users  are require d to report to the organization that  manag es property rights on a collective 
basis  about  use of  objects of copyright  and related rights, as well as other information  and 
documents necessary for  collection and distribution of remuneration, according to the list an d 
timing defined  in the license agreement.  
3.  Excluded   
4. The organization that manage s the property rights on collective basis, shall have the right 
to keep the unclaimed remuneration  and includ e it into the distributable sums or to allocat e them 
for other  purposes in the interests of owners of copyrights and related rights  represented by this 
organization , upon expiration of three years from the date of its transfer to the organization’s 
account.  
5.  Organization that manage s property rights on collective basis shall be  obliged to take 
measures for distribution and payment of collected remuneration .  
      In case of f ailing distri bution and identification of  collected remuneration  because  reports  on 
use of objects of copyright  and related  rights  were not provided , organization that manages  
property  rights on a collective basis shall be  obliged to keep such unallocated remuneration  and 
after three years from the date of its receipt include it  into funds allocated according to the 
decision of  general mee ting of the holders of copyright  and related rights.  
      Sums of collected remun eration  distributed among  particular holders  of copyright  and related 
rights shall be kept at  the account of organization that manag es property rights on  collective 
basis  and be paid to related author and (or) right holder as  soon as they are found  or upon their 
communication  regardless of the period the se sums were kept  at the  account  of organization.  
 
Article 45  
Functions of the Organization That Man ages Property Rights on Collective Basis  
 
 The organization that manages the property rights on collective basis sh all fulfill the 
following functions on behalf of the owners of copyrights and related rights represented by this 
organization , and based on the authorities received from them:  
 1) to sign license contracts with users to use the rights, the management of wh ich is done 
by this organization;  
 2) to negotiate with users the size of the remuneration  and other terms on which license 
contracts are signed;  
 3) to negotiate with users the size of the remuneration  in cases when this organization 
deals with collection  of such remuneration  without signing a license contract (Article 26 and 
Paragraphs 2 and 3 Article 39 of this Law);  
 4) to collect royalties stipula ted under the license contract and (or) remuneration  
stipulated by P aragraph 3 of this Article;  
 5) to dist ribute and pay -out the remuneration  collected in compliance with Paragraph 4 of 
this Article to owners of copyrights and related rights whom it re presents ; 
 6) to commit any legal actions required to protect the rights with the management of 
which such org anizations deal with.  
 
Article 46.  
Responsibilities of the organizations managing the property rights on a collective basis  
 
 1. The organization that manages the property  rights on a collective basis  acts in the 
interests of the copyright and related  rights holders it represen ts. In pursuing the se aims, the 
organization must:   1) simultaneously with the payment of royalties  provide the report  to the copyright and 
related  rights holders, which contain information about the use of their rights, including th e 
amount of the royalties collected  and the amounts withheld from it;  
 2) in accordance with the provisions of subparagraph 4) of Article 45 of the Law to use 
the royalties  for distribution and payment to the copyright and related  rights holders. The 
organ ization has the right to deduct certain amount from the royalties  to cover their actual costs 
for the collection, distribution and payment of royalties and amount  to be sent to  a special fund 
set up by the organization with the agreement and in the interes ts of the copyright and related  
rights holders . Amounts t o cover its actual costs for  collection, distribution and payment of 
remuneration shall not exceed thirty percent of t he total amount of collected remuneration ; 
 3) distribute  and at least once per q uarter  pay the collected royalties  to Kazakhstan 
copyright and related  rights holders, and at least once a year - to foreign organizati ons managing 
similar rights with deduction  of the amounts specified in subparagraph 2) of this paragraph in 
proportion to  the use of works and objects of related  rights. Organization must take measures to 
identify the holders who are entitled for payment of royalties  in accordance with the concluded 
license agreements and agreements on  payment of royalties  using for this pur pose information 
received from other organizations that manage  property rights on  collective basis and mass 
media distributed at the territory of the Republic of Kazakhstan ; 
 4) create registries  containing information about right  holders and the rights assigned  to it 
by the right holders , as well as about the objects of copyright and related  rights. I nformation 
contained in the registers can be provided to  all interested parties, except of the information that 
according to the law cannot  be disclosed with out the consent of the holder;  
 5) create a web site to inform about the organization managing the property rights on a 
collective basis;  
 6) post on the Internet information on the rights assigned to it by the right holders , 
including the name of the obje ct of copyright or related  rights, the name of the author or 
copyright holder;  
 7) post on the Internet information on the presence of representatives  that exercise the 
functions on collection, distribution and payment of royalties  for the use of copyright  and related  
rights ; 
8) publish  reports se nt to the authorized body in mass  media distributed on the territor y of 
the Republic of Kazakhstan and  on its Internet site;  
        9) post on its Internet site information on the license agreements concluded with  the users . 
 2. Those  holders of copyright and related  rights who did not assign  authority to the 
organization managing the property rights on a collective basis to collect the ir royalties, provided 
for in paragraph 4) of Article 45 of the Law , are entitle d to require payment of collected royalties  
and exclude their works and objects of related rights from permissions granted by this 
organization to users.   
After  three months  from the date of receipt of relevant request  from holder of  copyright 
and (or) rel ated rights , organization that manages  property rights on collective basis shall be  
obliged to exclude indicated  rights and (or) objects from licensing a greements with all users and 
place this information in mass media distributed at the  territor y of the R epublic of Kazakhstan 
and on its Internet site. O rganization that manag es property rights on collective basis shall be 
obliged to pay  owner of  copyright and (or) related rights due remuneration obtained fr om users 
in accordance with earlier conclu ded licen se agreements and submit him /her a report.  
 
Article 46 -1. 
Accreditation of organizations managing the property rights on a collective basis  
 
 1. Organization that manages  property rights on a collective basis is entitled to receive 
from  the authorized body  a certificate of accreditation on  implementation of activities in the 
fields of collective management specified  in paragraph 3 of Article 43 of the Law.   2. Accreditation is carried out for each of the fields specified in parag raph 3 of Article 43 
of the Law. 
 Organization that manages  property rights on a collective basis, can get a certificate of 
accreditation to operate in one, two or more fields of collective management, specified  in 
paragraph 3 of Article 43 of the Law. The form of the certificate of accreditation of the 
organization managing the proper ty rights on a collective basis is  determined by the authorized 
body.  
 Organization  that manages property rights on a collective basis, receive d a certificate of 
accreditation, have a right along with th e management of right  holder s with whom organization 
has concluded  contracts for the management of rights,  collect royalties  for those right holders  
with whom such agreements are not concluded.  
 
Article 46 -2. 
The procedure of accreditation of organizations   
managing the property rights on a collective basis  
 
 1. Accreditation of organizations managing the property rights on a collective basis is 
voluntary and is carried out by the authorized body on the basis of application of the 
organization managing the property rights on a collective basis, in accordance with the Law.  
 2. Accreditation of organizations managing the property right s on a collective basis is 
carried  out by the authorized body on the basis of conclusion of the Commission on 
Accreditation of the organizations managing the property rights on a collective basis (hereinafter 
- the Commission on Accreditation).  
 3. The composition and Regulation on  the Commission on Accreditation is approved by 
the authorized body.  
 Information on the date of meet ing of the Commission on Accreditation is post ed by the 
authorized body in the media that are distributed throughout the Republic of Kazakhstan, and on 
its Internet website not later than 30 working  days prior to the date of the meeting of the 
Commission o n Accreditation.  
 4. In order to receive  accreditation applicant must submit to the authority a written 
application . The application must be sent no later than 10 working  days before the meeting of the 
Commission on Accreditation. Application form and the list of documents that must submit the 
organization managing the property rights on a collective basis in order to receive  the 
accreditation are establishing by the authorized body.  
 5. Authorized bod y receives a statement and makes  a recor d in the registr ation statement  
together with  assignment  of a number  and the date of admission.  
 6. Meeting of the Commission on Accreditation is entitled to  make conclusion  when there 
are at least half of its members  participating in the meeting. The C ommission's conclus ion on 
accreditation is made by a majority vote of the members. If the votes are equally divided the 
Chairman has the decisive  vote of the Commission on Accreditation.  
 Making  a conclusion  by the C ommission membe rs for accreditation by absente  voting 
and delegation of its powers to other persons is prohibited.  
 7. Following the meeting of the Commission on Accreditation the authorized body within 
five business days after the completion of the meeting shall decide on the accreditation and issue 
to the appli cant a certificate of accreditation for a period of five years.  
 In order to reach  a conclusion on accreditation the Accreditation Commission must take 
into account the following:  
 1) carrying out of activities in this  field must be no less than  two years from the date of 
registration as a legal entity;  
 2) work experience in distribution and payment of the royalties  of at least eight times;  
 3) presence of positive opinions about the organization from the authors and users;  
 4) concluded agreement s on mutu al representation of interests with the similar 
organizations on collective management of rights of the right holders of other states ; 5) adequate  performance  by organization  of duties provided for in Article 46 of this Law;  
       6) existence of document s confirming  transfer of  relevant sums of remuneration to 
organizations that manage property rights on  collective basis in  other states in accordance with  
existing agreements on mutual representation of interests;  
        
7) facts of brining to administrat ive responsibility for preven ting officials of stat e control 
bodies from  performance of their duties  as well as for failure to comply with regulations, 
instructions and other requirements . 
 Authorized body shall make a decision not to grant accreditation  in the following cases : 
 1) failure to submit the documents specified by the legislation of the Republic of 
Kazakhstan;  
 2)  incomplete  information contained in the documents ; 
3) brining to administrative responsibility for preven ting officials of stat e con trol bodies 
from performance of their duties  as well as for failure to comply with regulations, instructions 
and other requirements ; 
4) failure and (or) improper performance of duties by organization provided for in Article 
46 of this Law . 
 8. Decision not to grant  accreditation to organization managing the proper ty rights on a 
collective basis  may be appealed in accordance with the laws of the Republic of Kazakhstan.  
 9. Authorized body posts informati on on accredited organizations on its Internet site.  
 10. In the case of re -registration or reorganization the organization shall notify the 
authorized body about th is fact with provision of the documents confirming this  information and 
return the certificate of accreditation within ten working days.  
 The auth orized body shall  within ten working days from receipt of written notice of 
organization  issue to the applicant a certificate of accreditation.  
 11. In case of loss of the accreditation certificate authorized body upon writ ten request of 
organization that  manage the prope rty rights on a collective basis  issue a duplicate certificate of 
accreditation within ten working days . 
 
Article 47  
Control Over Activity of the Organizations That Manage  
Property Rights on Collective Basis  
 
1. The organization that manag es the property rights  of authors, performers, producers of 
phonograms or other  holders of  copyright and related rights on  collective basis shall be 
committed no later than 15 of April   submit to the authorized body the following information on 
its activit y: 
1) amendments  made to the Statute and to other constituent documents of this organization;  
2) bilateral and multilateral agreements signed by this organization with foreign organizations 
that manage similar rights;  
3) decisions made at general meetings;  
4) annual balance, annual report including data on unclaimed royalties, auditing inspections of 
the activity of the organization;  
5) names of the persons authorized to represent such organization.  
2. Authority has a right to require from the organizations  for collective management of economic 
rights, the additional information  and documents  necessary to verify compliance of the 
organization activity with this Law and the legislation of the Republic of Kazakhstan on the non -
profit organizations or other leg islation, as well as the Charter of this organization.   
 
Article 47 -1.  
Withdrawal of the certificate of accreditation of organizations managing the property 
rights on a collective basis   
 Certificate of accreditation of organization managing the proper ty rights on a collective 
basis can be withdrawn  by the authorized body in the following cases:  
 1) identification of unreliable information in the documents that served as a basis  for the 
decision on accreditation;  
 2) failure to provide  by the due date  of the annual report on the activity of an accredited 
organization ; 
 3) submission to the authorized body of the annual report on the activities  of the 
accredited organization  containing information  which is known to be false ; 
 4) commercial activity ; 
 5) brea ch of duty under Article 46 of the Law;  
 6) late payment of royalties;  
 7) failure to  take measures to  find authors, performers and producers of phonograms for 
the transfer of collected royalties ; 
8) bringing to administrative responsibility for preven ting officials of stat e control bodies 
from performance of their duties  as well as for failure to comply with regulations, instructions 
and other requirements . 
 
Article 47 -2.  
Termination of the certificate of accreditation of organizations managing the proper ty 
rights on a collective basis  
 
 1. Certificate of accreditation of organizations managing the property rights on a 
collective basis shall terminate in the following cases:  
 1) expiration of the period for which the certificate of accreditation is issued;  
 2) decision on voluntarily return of accreditation cert ificate to the authorized body;  
 3) withdrawal of the certificate of accreditation;  
 4) liquidation  of the organization managing the property rights on a collective basis.  
 2. Upon termination of the  certificate of accreditation of organizations managing the 
proper ty rights on a collective basis  the certific ate is returned to the authorized body  within one 
month from the date when  the cases referred to in paragraph 1 of the Article  occurred . 
 
Chapter V 
Protection  of Copyrights and Related Rights  
 
Article 48.  
Infringement  of Copyrights and Related  Rights  
 
1. Infringement  of copyright  and (or) related rights  foreseen in  the present Law shall entail 
responsibilit y in accordance with the legislation  of the Republic of Kazakhstan.  
2. In respect of objects of copyright  and (or) related rights  shall not be allowed : 
1) actions aimed at the removal of restrictions on  use of objects of copyright  and (or) related 
rights  established by the application  of technica l means  of protection of copyright and related  
rights;  
2) manufacture, distribution, lease,  temporary use, importation, advertising of any device  or its 
components, their use in order to generate income or provide services in cases where as a result 
of the se actions it is impossible to use techn ical means of protection of copyright and related  
rights or t echnical  means can not provide adequate protection of these rights;  
3) removal or change without the permission of the author or other right  holder of infor mation  on 
rights management ; 
4) reproduction, distribution, importation for the purposes of distribution, public performance, 
communication for general information via  cable or broadcast, communication for general information of copyright and related right s objects in relation of  which information  on rights  
management  has been removed or changed  without author or other right holder permission .  
 
Article 48 -1 
Control Over Activity of Natural Persons and Legal Entities that Use Objects of 
Copyrights and Relat ed Rights  
 
1. Control over activity of natural persons and legal entities that use objects of copyright  
and related rights shall be exercised by the authorized body.  
2. Persons sp ecified in Paragraph 1 of this Article shall be committed to submit , upon 
request of the authorized body , data on use of  copyright and related rights objects, income  
obtained as a result of use of copyright and related rights objects  as well as data and documents 
related to payment  of royalties.  
 
Article 49  
Protection of Copyright s and Related Rights  
 
1.  Protection of copyrights and related rights shall be accomplished by the court through:  
1) recognition of the right;  
2) rehabilitation of the status that existed before the infringement of the right;  
3) suppression of actions that  infringe the right or create threat of its infringement;  
4) compensation of damages including lost profit;  
5) levying the profit obtained by pirates as a result of infringement of copyrights and related 
rights;  
6) compensation in the amount from  one hundr ed of monthly calculation indices to fifteen 
thousand  of monthly calculation indices  determined by the court or double the price  of copies of 
the work or double the price  of the right to use the work, determined on the basis of the price 
which under compar able circumst ances is usually charged for  lawful use of the work.  The size of  
compensation shall be determined by the court instead of compensating damages or charging 
profit;  
7) taking other measurers stipulated by legal acts related to protection of the ir rights.  
The measures specified in Subparagraphs 4), 5), 6) of this Article shall apply at choice of the 
owner of copyrights and related rights.  
1-1. The claim shall be  presented to the court after owner  of copyright or related rights, whose 
rights and l egitimate interests have been violated, appeal to user of these rights or another person 
unless otherwise provided by contract . 
2. Prior to considering the case, the judge shall have the right to make a decision that forbids 
the defendant to produce, repro duce, sell, use copies of the works and phonograms, with respect 
to which it is belie ved that they are pirated . The judge shall also gave the right to make a 
decision to arrest and withdraw all copies of the work and phonogram with respect to which it is 
believed that they are pirated , as well as materials and equipment designated for their 
productions and reproduction.  
3. The court shall have the right to make a decision to confiscate pirated  copies of the work 
and phonogram, as well a materials and equip ment used for their reproduction. Pirated copies of 
the works or phonograms may be transferred to the owner of copyrights or related rights upon 
his/her request , or shall be subject to destruction upon decision of the court . 
 Materials and equipment used f or their reproduction shall be subject to destruction upon 
decision of the court or transfer to the property of the state.  
 
President of the Republic of Kazakhstan