Turkmenistan law about copyright and related rights
Entered into force on January 20, 2012
This Law regulates relations arising in connection with the creation and use of works of science, literature and art (copyright), performances, phonograms and videograms, broadcasts of broadcasting organizations (related rights).
SECTION I. GENERAL PROVISIONS
Article 1. Basic concepts
The following basic concepts are used in this Law:
author - an individual whose creative labor has created a work of science, literature and art;
audiovisual work - a work that consists of a series of interconnected images (with or without sound accompaniment), giving the impression of movement, and which can be perceived through visual (and auditory) perception. Audiovisual works include cinematographic and other works expressed by means similar to cinematography (television, video, filmstrips, etc.), regardless of the method of their initial or subsequent fixation;
database - a set of data (articles, calculations, facts and other materials), which, in terms of the selection or arrangement of materials, are the result of creative work (compilation of data) and systematized in such a way that these data can be found and processed using a computer;
videogram - any recording of sequential images with or without sound, except for the recording of images included in an audiovisual work;
reproduction of a work or an object of related rights - the production of one or more copies of a work or an object of related rights or parts thereof in any way and in any material form, including permanent or temporary storage of a work or an object of related rights in the memory of a computer and other computer devices;
decompiling a computer program - a technical technique that includes - converting an object code into a source text in order to study the structure and coding of a computer program;
recording - fixation of sounds and (or) images or their representations with the help of technical means in any material form that allows them to be repeatedly perceived, reproduced or communicated;
producer of an audiovisual work - a natural or legal person who has taken the initiative and responsibility for the production of such a work; in the absence of proof to the contrary, the manufacturer of an audiovisual work is recognized as the person whose name or designation is indicated on this work in the usual way;
phonogram producer - a natural or legal person who has taken the initiative and responsibility for the first sound recording of a performance or other sounds, or sound representations; in the absence of evidence to the contrary, the producer of a phonogram is a natural or legal person whose name or designation is appropriately indicated on this phonogram or on the case containing it;
videogram producer - a natural or legal person who has taken the initiative and responsibility for the first recording of sequential images with or without sound; in the absence of evidence to the contrary, the manufacturer of a videogram is an individual or legal entity, whose name or designation is appropriately indicated on this videogram or on the case containing it;
performance - presentation of a work, phonogram and videogram, staging through play, recitation, singing, dance in live performance or with the help of any technical means (television, radio broadcasting, cable television and other technical means); showing frames of an audiovisual work in their sequence (with or without sound);
performer - an actor, singer, musician, dancer or other person who plays a role, sings, reads, recites, plays a musical instrument or in any other way performs works of literature or art (including a variety, circus or puppet show), or expressions of folklore, as well as the production director and conductor;
computer program - a set of instructions in the form of words, codes, diagrams or any other form, which, when expressed in a machine-readable form, drives the computer to achieve a specific goal or result; the computer program also includes preparatory materials obtained in the course of its development, and the audiovisual displays generated by it;
publication of a work - an action carried out with the consent of the author, which for the first time makes the work available to the general public by way of its publication, public display, public performance, broadcasting or in any other way;
owner of copyright and (or) related rights:
- author or performer - in cases where the author or performer is endowed with property rights;
- an individual other than the author or performer, or a legal entity - in cases where the property rights were originally vested in such an individual or legal entity;
- an individual or legal entity to whom property rights have been assigned;
publication (release) - the release into circulation of copies of a work, phonogram, videogram with the consent of the author or other owner of copyright and related rights in an amount sufficient to meet the reasonable needs of society through sale, lease, public rental or using other means of transmission property rights or the right to own copies of a work, phonogram, videogram; publication also means providing access to a work, phonogram, videogram through electronic information systems;
broadcasting - the transmission of works, phonograms, videograms, performances, broadcasts of broadcasting organizations for general information via radio broadcasting or television (except for cable television), including via satellites. When transmitting works, phonograms, videograms, performances, broadcasts of broadcasting organizations on the air via satellite, broadcasting means the reception of signals from the ground station to the satellite and the transmission of signals from the satellite, through which the work, phonogram, videogram, performance, transmissions of broadcasting organizations can be brought to the attention of the public, regardless of their actual reception by the public; the transmission of encoded signals is broadcasting if the means of decoding are provided to the public by the broadcasting organization or with its consent;
broadcast of a broadcasting organization - a broadcast created by the broadcasting or cablecasting organization itself, as well as by its order and at its expense - by another organization;
leasing (renting) - the provision of the original or copies of works or objects of related rights for temporary use in order to extract commercial benefits; a work of decorative and applied art - a work of art created manually or industrially and having functions of practical use or transferred to objects of practical use;
public performance - presentation of works, performances, phonograms, videograms, transmission of broadcasting organizations through recitation, playing, singing, dancing or otherwise, both directly (in live performance) and using any devices and processes, as well as demonstration of images of an audiovisual work in their sequence (with the reproduction of accompanying sounds) in a place or places where there is a wide range of people who are not members of the same family;
public communication (communication to the public) - the transmission of works or objects of related rights on the air, by cable, as well as their bringing by any other means (except for the distribution of copies) to the auditory and (or) visual perception by the public, whose representatives are not in the place messages, regardless of whether the works or objects of related rights are actually perceived, which have become available in this way;
public display - any demonstration of the original or a copy of works, performances, videograms, broadcasts of broadcasting organizations directly or on the screen using film, slides, television frames or through any other technical means, as well as demonstration of individual frames of an audiovisual work without observing their sequence in a place open to the public or in a place where there is a wide range of people who are not members of the same family;
public rental - the transfer of ownership of the original or a copy of a work for a certain period of time without the purpose of making a profit by organizations whose services are intended for the public, such as libraries and archives;
production director of a performance - a person who staged a theatrical, circus, puppet, variety or other performance (performance);
reprographic reproduction - facsimile reproduction in any size (enlarged or reduced) of the original or a copy of the work (written and other graphic work) by photocopying or using other technical means other than the publication; reprographic reproduction does not include recording in electronic (including digital), optical, or other machine-readable form;
technical means of protecting copyright and related rights - any effective technical devices or their components that control access to works or objects of related rights, prevent or restrict actions in relation to works or objects of related rights that are not permitted by the holders of any right protected by this Law;
phonogram - any exclusively sound recording of performances or other sounds, or their representations, except for a sound recording included in an audiovisual work;
a copy of a videogram - occurrence of a videogram on any material medium, made directly or indirectly from a videogram and including all or part of the images;
a copy of a work - occurrence of a work made in any material form;
a copy of a phonogram - occurrence of a phonogram on any material medium, made directly or indirectly from a phonogram and including all or part of the sounds or their representations recorded in this phonogram.
Article 2. Legislation of Turkmenistan on copyright and related rights
1. Legislation of Turkmenistan on copyright and related rights is based on the Constitution of Turkmenistan and consists of the Civil Code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.
2. If international treaties of Turkmenistan establish rules other than those provided for by this Law, then the rules of international treaties shall apply.
Article 3. Scope of this Law
The provisions of this Law apply to:
1) to works of science, literature and art, performances, phonograms and videograms, the owner of copyright and related rights to which is an individual or legal entity located in Turkmenistan, or whose work is sold on the territory of Turkmenistan. In cases of foreign natural or legal persons, copyright protection should be determined on the basis of reciprocity;
2) for works of science, literature and art or phonograms and videograms first published on the territory of Turkmenistan; in this case, a work or phonogram and videogram are also considered published in Turkmenistan if, within 30 days after the date of the first publication outside of Turkmenistan, they were published in the territory of Turkmenistan;
3) for performances that took place for the first time on the territory of Turkmenistan or recorded on a phonogram or videogram protected in accordance with the provisions of paragraph 2 of this article, or not recorded on a phonogram or videogram, but included in the broadcast of the broadcasting organization, protected in accordance with the provisions of paragraph 4 of this article;
4) to the broadcasts of the broadcasting organization in the event that the organization is a legal entity in accordance with the legislation of Turkmenistan and carries out broadcasts using transmitters located on the territory of Turkmenistan;
5) for works of architecture located on the territory of Turkmenistan;
6) other works of science, literature and art, performances, phonograms and videograms, programs of broadcasting organizations, protected in accordance with international treaties of Turkmenistan.
Article 4. State regulation in the field of protection of copyright and related rights
1. State regulation in the field of protection of objects of copyright and related rights is carried out by the authorized state body for intellectual property, which, in accordance with its competence:
- implements a unified state policy in the field of copyright and related rights protection;
- coordinates the activities of ministries, departments, enterprises, institutions and organizations in the field of protection of objects of copyright and related rights;
- promotes the development of creativity in the field of science, literature and art;
- carries out registration of objects of copyright and related rights;
- develops projects of normative legal acts in the field of protection of objects of copyright and related rights;
- considers objections of interested parties about violated or disputed rights in the field of protection of objects of copyright and related rights;
- publishes information materials and methodological literature;
- assists in the training of specialists in the field of protection of objects of copyright and related rights.
2. The authorized state body for intellectual property, within the limits of its powers, ensures the fulfillment of obligations arising from international treaties concluded by Turkmenistan, and also represents Turkmenistan in the relevant international organizations in the field of copyright and related rights.
SECTION II. COPYRIGHT CHAPTER
1. COPYRIGHT OBJECTS
Article 5. Sphere of distribution of copyright
1. Copyright extends to works of science, literature and art that are the result of creative activity, regardless of the purpose, dignity and content of the work, as well as the method and form of its expression.
2. Copyright extends to both published and unpublished works that exist in any objective form:
- written (manuscript, typescript, musical notation, etc.);
- oral (public speaking, public performance, etc.);
- sound or video recording (mechanical, magnetic, digital, optical and other);
- images (drawing, sketch, painting, plan, drawing, film, television, video or photo frame, etc.);
- volumetric-spatial (sculpture, model, model, structure, etc.); in other forms.
3. Parts of a work (title, characters, etc.) that have the characteristics specified in the first part of this article and can be used independently are objects of copyright.
4. Copyright does not apply to ideas, principles, methods, processes, systems, facts, methods or concepts as such.
5. Copyright in a work is not related to the ownership of the material object in which the work is expressed.
The transfer of ownership or ownership of any material object does not in itself entail the transfer of any copyright in the work expressed in that object.
Article 6. Objects of copyright
1. Objects of copyright are:
- literary works (books, brochures, articles, computer programs, databases and others);
- dramatic and musical-dramatic works, works of choreography and pantomime and other script works;
- pieces of music with or without text; - audiovisual works (film, television and video films, filmstrips and other audiovisual works);
- works of sculpture, painting, graphics, lithography and other works of fine art; - works of arts and crafts and monumental art; - works of architecture, urban planning and gardening art;
- photographic works and works obtained by methods similar to photography; a single frame of an audiovisual work is not considered a photographic work;
- maps, plans, sketches, illustrations and three-dimensional works related to geography, topography and other sciences.
2. Computer programs are protected as literary works. Such protection applies to all kinds of programs, including all application programs and operating systems, which can be expressed in any language and in any form, including source text and object code.
3. Objects of copyright also include: - derivative works, such as translations and adaptations, annotations, abstracts, summaries, reviews, dramatizations, musical arrangements and other adaptations of works of science, literature and art; - collections, such as encyclopedias and anthologies, databases and other composite works, which are the result of creative work in the selection or arrangement of materials. Derivative works and collections are protected by copyright, regardless of whether they are copyrighted works on which they are based or which they include.
Article 7. Works that are not objects of copyright
Not subject to copyright:
- official documents (laws, court decisions, other texts of a legislative, administrative and judicial nature), as well as their official translations;
- state symbols and signs (flag, coat of arms, anthem, awards, banknotes and other state symbols and signs);
- folk art (expressions of folklore); - messages about events and facts of an informational nature.
Article 8. Origin of Copyright. Presumption of authorship
1. Copyright to a work of science, literature and art arises by virtue of the fact of its creation. For the emergence and exercise of copyright, registration, special design of the work or compliance with other formalities are not required. The owner of the exclusive copyright has the right to use the copyright protection mark, which is placed on each copy of the work and consists of three elements, to communicate his rights: - Latin letter "C" in a circle; - the name (title) of the owner of the exclusive copyright; - the year of the first publication of the work.
2. In the absence of evidence to the contrary, the author of the work shall be deemed to be the person indicated as the author on the original or a copy of the work.
3. When publishing a work anonymously or under a pseudonym (except for the case when the author's pseudonym leaves no doubt about his identity), the publisher, whose name or title is indicated on the copy of the work, in the absence of evidence otherwise, is considered the author's representative in accordance with this Law and in this quality has the right to protect the rights of the author and ensure their implementation. This provision is valid until the author of such a work discloses his identity and does not declare his authorship.
Article 9. Co-authorship
1. Copyright to a work created by the joint creative work of two or more persons (co-authorship) belongs to the co-authors jointly, regardless of whether such a work forms one indissoluble whole or consists of parts, each of which has an independent meaning. A part of a work is recognized as having an independent meaning if it can be used independently of other parts of this work. Each of the co-authors has the right to use the part of the work created by him, which has an independent meaning, at his own discretion, unless otherwise provided by an agreement between them.
2. The right to use the work as a whole belongs to the co-authors jointly. The relationship of co-authors can be determined by agreement between them. If the work of the co-authors forms one inseparable whole, then none of the co-authors has the right to prohibit the use of the work without sufficient grounds.
3. Each of the co-authors has the right on his own behalf and without obtaining the consent of other co-authors to take measures related to the protection of his rights.
Article 10. Copyright of the compilers of collections and other composite works
1. The author of the collection and other composite works (compiler) owns the copyright for the selection or arrangement of materials carried out by him, which are the result of creative work (compilation). The compiler uses copyright provided that he respects the rights of the authors of each of the works included in the composite work.
2. Authors of works included in a composite work have the right to use their works independently of the composite work, unless otherwise provided by the author's agreement.
3. The copyright of the compiler does not prevent other persons from making their own selection or arrangement of the same materials to create their composite works.
Article 11. Copyright of translators and authors of other derivative works
1. Translators and authors of other derivative works own the copyright for their translation, adaptation, arrangement or other processing.
2. The translator and the author of another derivative work shall enjoy copyright in the work created by them, provided that they respect the rights of the author of the work that has been translated, altered, arranged or otherwise modified.
3. The copyright of the translator and the authors of other derivative works does not prevent other persons from making their own translations and revisions of the same works.
Article 12. Copyright in Collective Works
1. With an exception from the provisions of Articles 9-11 of this Law, an individual or legal entity, on the initiative and under whose leadership a collective work was created, including publishers of encyclopedias, encyclopedic dictionaries, periodicals and continuing collections of scientific works, newspapers, magazines and other periodicals, shall own exclusive rights to use such works. Such an individual or legal entity shall have the right, in any use of collective works, to indicate his name or title, or to demand such an indication.
2. Authors of works included in collective works retain exclusive rights to use their works, regardless of the collective work as a whole, unless otherwise provided by the copyright agreement.
Article 13. Copyright in Audiovisual Works
1. The authors of an audiovisual work are: - production director; - script writer (screenwriter); - the author of a musical work (with or without text) specially created for an audiovisual work (composer).
2. The conclusion of a contract for the creation of an audiovisual work entails the transfer by the authors of this work to the manufacturer of the audiovisual work of the exclusive rights to use it (reproduction, distribution, renting, public performance, communication by cable for the public, bringing to the public, broadcasting or any other public communication of an audiovisual work), as well as subtitling and duplication of the text of an audiovisual work, unless otherwise provided by the contract. These rights are valid for the duration of the copyright for the audiovisual work. The producer of an audiovisual work shall have the right, in any use of this work, to indicate his name or title, or to demand such an indication.
3. The author of a musical work (with or without text) created specifically for an audiovisual work retains the right to remuneration for the use of this musical work at each public performance of the audiovisual work, its public announcement, as well as the rental of copies of the audiovisual work.
4. The authors of the works included in the audiovisual work as an integral part of the work, both existing earlier (the literary work that formed the basis of the script, and others), and created in the process of working on it, each enjoy copyright to the work created by him. The authors of such works, who have consented to the inclusion of their works in an audiovisual work, have no right to prohibit or in any way restrict the use of an audiovisual work.
5. Authors of an audiovisual work retain the right to remuneration for renting the original or copies of such work.
Article 14. Copyright in employee works
1. The copyright to a work created in the course of the performance of official duties or the service assignment of the employer (service work) belongs to the author of the service work.
2. The exclusive rights to use an official work shall belong to the person with whom the author has an employment relationship (the employer), unless otherwise stipulated in the contract between him and the author. The amount of the royalties for each type of use of the service work and the procedure for its payment are established by an agreement between the author and the employer.
3. The employer has the right to indicate his name or title in any use of the service work or to demand such an indication.
4. The provisions of this article shall not apply to the creation of collective works, provided for by Article 12 of this Law, in the course of the performance of official duties or the official assignment of an employer.
CHAPTER 2. COPYRIGHT
Article 15. Personal non-property rights
1. The following personal non-property rights belong to the author in relation to his work:
- the right to be recognized as the author of a work and to demand such recognition, including by properly indicating the name of the author on copies of the work and in any of its public use, if practicable (right of authorship);
- the right to indicate and demand indication on copies of a work and in any of its public use, instead of the author's real name, his fictitious name (pseudonym) or to refuse to indicate the name (anonymous) (right to a name);
- the right to promulgate or permit the promulgation of a work in any form (the right to promulgation), including the right to recall;
- the right to protect the work, including its title, from any distortion or other encroachment that could damage the honor and dignity of the author (the right to protect the author's reputation).
2. Personal non-property rights belong to the author regardless of his property rights and remain with him even after the assignment of exclusive rights to use the work.
3. Personal non-property rights to a work created in the course of fulfilling a service assignment shall belong to the author of the service work.
Article 16. Property rights
1. The author or other copyright holder for a work shall have exclusive rights to use the work in any form and in any way.
2. Exclusive rights to use a work means the right to exercise, authorize or prohibit:
- direct or indirect reproduction of a work (the right to reproduce);
- distribution of the original or copies of the work through sale or other transfer of ownership (distribution right);
- renting the original or copies of the work (the right to rent);
- import of copies of a work for distribution, including copies made with the permission of the owner of exclusive copyright (right to import);
- public display of the work (the right to public display);
- public performance of a work (the right to public performance);
- communication of the work to the public by broadcasting and (or) subsequent broadcasting (the right to broadcast);
- communication of the work to the public by cable, wire or other similar means, including the first and (or) subsequent communication (the right to communication by cable);
- bringing the work to the public for interactive use (the right to bring it to the public);
- translation of the work (right to translation);
- alteration, arrangement or other processing of the work (the right to processing). The exclusive rights of the author to use design, architectural, urban planning and landscape gardening projects also include the right to participate in the practical implementation of such projects.
3. The author has the right to royalties for each type of use of the work (the right to remuneration). The amount and procedure for calculating the author's remuneration are established by the author's agreement, as well as agreements concluded by organizations that collectively manage the authors' property rights with users. At the same time, the amount of remuneration cannot be lower than the minimum rates of royalties approved by the Cabinet of Ministers of Turkmenistan.
4. If copies of a lawfully published work are introduced into civil circulation in a legal way on the territory of Turkmenistan (through their sale or other transfer of ownership), their further distribution is allowed without the consent of the author and without payment of royalties, except for the cases provided for in Article 17 of this Law.
5. The right to distribute the original or copies of a work by renting them (and public rental), regardless of the ownership of these copies, belongs to the author or other copyright holder to:
1) audiovisual work;
2) a computer program;
3) database;
4) a work recorded in a phonogram or videogram;
5) a piece of music in the form of musical text.
6. Restrictions on the rights of authors specified in part two of this article are established by Articles 18-22 of this Law, provided that such restrictions do not harm the normal use of the work and do not unreasonably prejudice the legitimate interests of the author.
Article 17. Right of Access to Works of Fine Art. Right of succession
1. The author of a work of fine art has the right to demand from the owner of the work the provision of the possibility of exercising the right to reproduce his work (right of access). At the same time, a claim cannot be made against the owner of the work to deliver the work to the author.
2. The transfer of ownership of a work of fine art or the original manuscript of the author of a work (whether paid or free) from the author to another person means the first sale of this work.
In each case of public resale of a work of art or an original manuscript of the author of the work (through an auction, gallery of fine art, art salon, store, etc.), the author or his heirs are entitled to receive a remuneration from the seller in the amount of 5 percent of the resale price (the right following). This right is inalienable during the life of the author and passes exclusively to the heirs of the author by law for the duration of the copyright.
CHAPTER 3. RESTRICTIONS OF PROPERTY RIGHTS
Article 18. Reproduction for personal use
1. It is allowed without the consent of the author or other copyright holder and without payment of royalties to reproduce in a single copy of a lawfully published work by an individual solely for personal purposes without generating income.
2. Part one of this article does not apply to:
1) reproduction of works of architecture in the form of buildings and similar structures;
2) reproduction of databases or their essential parts;
3) reproduction of computer programs, except for the cases provided for in Article 21 of this Law;
4) reprographic reproduction of books (in full), musical texts and originals of works of fine art.
3. Reproduction of an audiovisual work, phonogram and videogram by individuals for personal purposes without income is allowed without the consent of the copyright holders, but with payment of remuneration due: in relation to the reproduction of an audiovisual work - to the authors, performers and manufacturer of the audiovisual work; with regard to the reproduction of a phonogram (videogram) - to the authors, performers and the producer of the phonogram (videogram).
The remuneration is paid by manufacturers and importers of equipment (audio and (or) video recorders and other equipment) and material carriers (sound and (or) video tapes and cassettes, CDs and other material carriers) used for such reproduction.
The amount of remuneration and the conditions for its payment are determined by an agreement between the specified manufacturers and importers, on the one hand, and organizations that manage the property rights of authors, producers of phonograms or videograms and performers on a collective basis, on the other hand, and if the parties do not reach such an agreement , - by the authorized state body for intellectual property. At the same time, it is taken into account that when copyright holders use technical means of protection, admission to such works, phonograms and videograms for reproduction for personal purposes may also be conditioned by the payment of remuneration.
The collection and distribution of this remuneration is carried out by organizations that collectively manage property rights. The remuneration shall be distributed in the following proportion: forty percent - to authors, thirty percent - to performers, thirty percent - to producers of phonograms (videograms) in relation to works and phonograms (videograms), in respect of which it can be assumed that they were reproduced for personal purposes.
4. Remuneration is not paid for equipment and material carriers specified in part two of this article, which are: a) items of export; b) professional equipment not intended for home use. The remuneration is also not paid for the import of the specified equipment and materials by individuals solely for personal purposes.
Article 19. Use of works for informational, scientific, educational and other purposes
It is allowed without the consent of the author or other copyright holder and without payment of royalties, but with the obligatory indication of the name of the author whose work was used and the source of borrowing:
1) citation in the original and translation for scientific, research, polemical, critical and informational purposes from lawfully published works in the amount justified by the purpose of the citation, including the reproduction of excerpts from newspaper and magazine articles in the form of press reviews;
2) the use of short excerpts from legally published works as illustrations in printed publications, radio and television broadcasts, sound and video recordings of an educational nature in the amount justified by the goal;
3) reproduction in periodicals, broadcasting or cablecasting for the general knowledge of articles lawfully published in newspapers and magazines on current economic, political, social and religious issues or broadcasted works of a similar nature in cases where such reproduction, transmission the broadcast or cablecast has not been specifically prohibited by the author or other copyright holder;
4) reproduction in newspapers and magazines, broadcasting or cable broadcasting for the general knowledge of publicly delivered political speeches, addresses, reports, lectures and other similar works in an amount justified by the informational purpose; at the same time, the author retains the right to publish such works in collections;
5) reproduction or public communication in reviews of current events by means of photography, cinematography, on-air or cable broadcasting of works seen or heard during such events, in the amount determined by the informational purpose; at the same time, the author retains the right to publish such works in collections;
6) reproduction without profit of lawfully published works in relief-point type or other special methods for the blind, except for works specially created for such methods of reproduction;
7) reproduction, broadcasting or bringing to the public by cable television works of architecture, photography, fine art, which are permanently located in a place open to free access, except for cases when the image of the work is the main object of such reproduction, broadcasting or communications to the public by cablecasting or when an image of the work is used commercially;
8) reproduction of lawfully published works as evidence intended for judicial or administrative proceedings;
9) performance of legally published works during official state and religious ceremonies, as well as in the provision of ritual services. In these cases, the indication of the name of the author and the source of borrowing is not necessary.
Article 20. Use of works by libraries, archives and educational institutions (reprographic reproduction)
1. It is allowed without the consent of the author or other copyright holder and without payment of royalties, but with the obligatory indication of the name of the author whose work is used, and the source of borrowing, reprographic reproduction without making a profit in a single copy:
1) libraries or archives - a lawfully published work to replace the lost, destroyed or become unusable copies; providing copies of the work to other libraries to replace the lost, destroyed or become unusable works from their collections, if obtaining such a copy is otherwise impossible under normal conditions;
2) libraries or archives at the request of individuals for educational and research purposes - individual articles and small-volume works lawfully published in collections, newspapers and other periodicals, excerpts from lawfully published written works (with the exception of computer programs);
3) educational institutions for classroom studies - individual articles and small-volume works lawfully published in collections, newspapers and other periodicals, excerpts from lawfully published written works (with the exception of computer programs).
2. Reprographic reproduction provided for in paragraphs 2 and 3 of the first part of this article is allowed in the absence of a license for reprographic reproduction issued by an organization that manages the property rights of authors on a collective basis, the presence of which (license) is known or should have been known to the library, archive or an educational institution.
Article 21. Reproduction of computer programs and databases. Decompiling computer programs
1. A person who lawfully owns a copy of a computer program or database has the right, without obtaining the permission of its author or other owner of exclusive rights and without paying additional remuneration:
1) make changes to a computer program or database necessary for its functioning on the user's technical means, as well as carry out any actions related to the functioning of a computer program or database in accordance with its purpose, including recording and storing in the computer memory ( one computer or one network user), as well as the correction of obvious errors, unless otherwise provided by the author's agreement;
2) make a copy of a computer program or database, provided that this copy is intended only to replace a lawfully acquired copy in cases where the original of the program is lost, damaged or became unusable. In this case, a copy of the program or database cannot be used for other purposes than specified in clause 1 of this part, and must be destroyed if the possession of a copy of this program ceases to be legitimate.
2. A reserve copy of a computer program or database may not be used for purposes other than that provided for in the first part of this article, and must be destroyed in the event of termination of the right to own a copy of a computer program or database.
3. A person who legally owns a copy of a computer program has the right, without the consent of the author or other copyright holder and without payment of royalties, to decompile a computer program or to instruct other persons to carry out decompilation if this is necessary to achieve interoperability of a computer program independently developed by such person with other programs that can interact with the decompiled program, provided that the following conditions are met:
1) the information necessary to achieve interoperability was not previously available to such a person from other sources;
2) these actions are limited to those parts of the decompiled program that are necessary to achieve interoperability;
3) the information obtained as a result of decompilation can only be used to achieve the ability to interact with an independently developed computer program with other programs, cannot be transferred to other persons, and also cannot be used to develop a computer program that is essentially similar in appearance to the decompiled program, or to carry out any other action that infringes copyright.
Article 22. Free short-term recording by broadcasting organizations
A broadcasting organization, without the consent of the author and without paying additional remuneration, may make a recording intended for short-term use of a work in respect of which this organization has received the right to broadcast, provided that such recording is made by the broadcasting organization using its own equipment and for her own transmissions.
The organization is obliged to destroy such a recording within six months after its production, unless a longer period has been agreed with the author of the recorded work. Such a recording may be stored without the consent of the author of the work in the state archives if the recording is exclusively of a documentary nature.
CHAPTER 4. COPYRIGHT DURATION
Article 23. Duration of Copyright
1. Copyright is valid for the entire life of the author and 50 years after his death, except for the cases provided for in this article. The copyright, the right to name and the right to protect the reputation of the author are protected indefinitely.
2. Copyright in a work published anonymously or under a pseudonym shall remain in effect for 50 years after the date of its lawful publication. If, within the specified period, the author of a work released anonymously or under a pseudonym discloses his identity or his identity leaves no further doubts, then part one of this article applies.
3. Copyright to a work created in co-authorship shall be valid throughout life and fifty years after the death of the last of the authors.
4. Copyright in a work first published after the death of the author shall remain in effect for 50 years after its release.
5. The calculation of the terms provided for in this article begins on January 1 of the year following the year in which the legal fact took place, which is the basis for the beginning of the course of the term.
Article 24. Public domain
1. The expiration of the term of copyright in works means their transfer into the public domain. Works that have never been protected in the territory of Turkmenistan are also considered to have passed into the public domain.
2. Works that have passed into the public domain may be freely used by any person without payment of royalties. At the same time, the right of authorship, the right to a name and the right to protect the author's reputation must be respected.
CHAPTER 5. TRANSFER OF COPYRIGHT. AUTHOR'S AGREEMENTS
Article 25. Grounds for the transfer of copyright
Copyright is transferred under copyright agreements and by way of inheritance.
Article 26. Transfer of copyright by way of inheritance
1. Copyright passes by inheritance by law or by will.
2. The right of authorship, the right to a name and the right to protect the author's reputation are not inherited. The heirs of the author and executors of the will have the right to protect these rights. These powers of the heirs and executors of the will are not limited by the term. In the absence of the author's heirs, the protection of these rights is carried out by the authorized state body for intellectual property.
3. The author has the right, in the same order in which the executor of the will is appointed, to indicate the person to whom he entrusts the protection - the rights of authorship, the right to a name and the right to protect his reputation after his death. This person exercises his powers for life. In the absence of such indications, the protection of the copyright, the right to a name and the right to protect the reputation of the author after the death of the author is carried out by his heirs or by the authorized state body for intellectual property, which exercises such protection if the heirs are absent or their copyright has ceased.
Article 27. Transfer of property rights. Copyright agreement
1. The property rights specified in Article 16 of this Law may be transferred under an author's agreement and other grounds provided for by law, except for the cases provided for in Articles 18-22 of this Law. The transfer of property rights can be carried out on the basis of an author's agreement on the transfer of exclusive rights or on the basis of an author's agreement on the transfer of non-exclusive rights.
2. The author's agreement on the transfer of exclusive rights permits the use of a work in a certain way and within the limits established by the agreement only to the person to whom these rights are transferred, and grants such a person the right to prohibit other persons from such use of the work. The right to prohibit other persons from using a work may be exercised by the author of the work if the person to whom exclusive rights have been transferred does not protect this right.
3. The copyright agreement on the transfer of non-exclusive rights allows the user to use the work on an equal basis with the owner of exclusive rights who transferred such rights and (or) other persons who have received permission to use this work in the same way.
4. The rights transferred under an author's agreement are considered non-exclusive, unless otherwise provided in the agreement.
Article 28. Conditions and form of the author's contract
1. The author's contract must provide for: - an exact description of the work used (volume, genre, name); - ways of using the work (specific rights transferred under this agreement);
- the term and territory within which the right is transferred; - the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work;
- the procedure and terms for payment of remuneration, if the agreement does not directly provide for the gratuitous transfer of rights;
other conditions that the parties consider essential.
In the absence of a clause on the ways of using the work (specific rights transferred under the copyright agreement) in the author's agreement, the agreement shall be deemed concluded for such ways of using the work that can be considered essential to achieve the intention of the parties that was available at the time of the conclusion of the agreement.
In the absence of a clause on the term for the transfer of rights in the author's agreement, the agreement may be terminated by the author after five years from the date of its conclusion, if the user is notified in writing about this six months before the termination of the agreement. In the absence of a clause on the territory within which the right is transferred in the author's agreement, the effect of the right transferred under the agreement is limited to the territory of Turkmenistan.
2. The rights to use a work that have not been transferred under an author's agreement are considered non-transferred. The subject of an author's agreement may not be the right to use a work that is not known at the time of the conclusion of the agreement.
3. Remuneration is determined in the author's agreement in the form of a percentage of income for the corresponding method of using the work or, if this is impossible due to the nature of the work or the peculiarities of its use, in the form of a fixed amount or otherwise. At the same time, the amount of the fixed amount cannot be lower than the minimum rates of royalties approved by the Cabinet of Ministers of Turkmenistan.
If in an author's agreement on the publication or other reproduction of a work, the remuneration is determined in the form of a fixed amount, then the agreement must establish the maximum circulation of copies of the work.
4. The rights transferred under an author's agreement may be transferred in whole or in part to other persons only if it is expressly provided for by the agreement.
5. The terms of the author's agreement restricting the author in the future creation of works on this topic or in this area are invalid.
6. Terms of the author's agreement that contradict the provisions of this Law are invalid.
7. The author's contract must be concluded in writing. An author's agreement on the use of a work in periodicals may be concluded orally. An oral agreement may also be concluded for a one-time transmission of oral works by radio and television.
8. When selling copies of computer programs and providing a mass user with access to them, the contract is deemed to be concluded in writing if its terms (conditions for using the computer program) are set out accordingly on the copies of the program.
SECTION III. RELATED RIGHTS
Article 29. Subjects of related rights
1. Subjects of related rights are performers, producers of phonograms, videograms, broadcasting organizations.
2. The producer of a phonogram or videogram, the broadcasting organization shall exercise their rights specified in this section, within the limits of the rights obtained under an agreement with the performer and the author of a work recorded on a phonogram or videogram or transmitted over the air or by cable.
3. The performer shall exercise the rights specified in this section, subject to the rights of the author of the performed work.
4. For the emergence and exercise of the rights provided for in this section, it is not required to comply with any formalities. The producer of a phonogram or videogram and the performer, in order to announce their rights, have the right to use the sign of protection of related rights, which is placed on each copy of a phonogram or videogram or on a case containing it, and consists of three elements: - Latin letter "P" in a circle; - the name (title) of the owner of exclusive neighboring rights; - the year of the first publication of the phonogram or videogram.
5. The provisions of this Law on the Copyright Agreement shall apply to agreements on the transfer of rights concluded between performers and producers of phonograms or videograms, unless otherwise follows from the essence of the transferred rights.
Article 30. Rights of the performer
1. The performer has the following rights in relation to his performance or production:
1) the right to a name;
2) the right to protect the performance or production from any distortion or any other encroachment that could damage the honor and dignity of the performer (the right to protect the reputation);
3) the right to use the performance or production in any form, including the right to receive remuneration for each type of use of the performance or production.
2. The exclusive right to use a performance or production means the right to authorize or prohibit:
1) communication of the performance on the air, by cable broadcasting or the implementation of another public communication of the performance, except for cases when the message uses a recording of the performance previously made with the consent of the performer, or a performance previously broadcast;
2) a recording of a previously unrecorded performance or production;
3) reproduction of the recording of the performance, except for the case when the recording of the performance is reproduced, made with the consent of the performer, for the same purposes for which the performer's consent was obtained for such recording;
4) broadcasting or by cable of a recording of a performance or production, if this recording was originally made not for commercial purposes;
5) distribution of the original or copies of a performance or production recorded on a phonogram or videogram through the sale or other transfer of ownership. If the original or copies of a performance or production recorded on a phonogram or videogram are lawfully introduced into civil circulation through the sale or other transfer of ownership, their further distribution in the territory of Turkmenistan is allowed without the consent of the performer and without payment of remuneration;
6) renting out a published phonogram or videogram, including a performance with the participation of the performer.
3. The permits specified in part two of this article are issued by the performer, and if performed by a team of performers - by the head of such a team by concluding a written agreement with the user.
4. The permits specified in paragraphs 2 and 3 of part two of this article for subsequent transmissions of a performance or production, recording for transmission and reproduction of such a recording by broadcasting or cablecasting organizations are not required if they are provided for by an agreement between the performer and the broadcasting or cablecasting organization. The amount of remuneration to the performer for such use is also established in this agreement.
5. The conclusion of an agreement between a performer and a manufacturer of an audiovisual work for the creation of an audiovisual work entails the granting by the performer of the rights specified in part two of this article. In this case, the performer retains the right to remuneration for renting copies of such an audiovisual work in the manner prescribed by Article 16 of this Law. The granting of such rights by the performer is limited to the use of the audiovisual work and, unless otherwise specified in the contract, does not include the rights to separate use of sound or images recorded in the audiovisual work.
6. The conclusion of an agreement for the recording of a performance on a phonogram or videogram between the performer and the producer of the phonogram or videogram entails the transfer by the performer of the right to rent the phonogram or videogram (clause 6 of part two of this article); in this case, the performer retains the right to remuneration for renting copies of such a phonogram or videogram in the manner prescribed by part three of Article 18 of this Law.
7. With respect to a performance created by a performer in the course of performing official duties or an employer's job assignment, the performer shall have the right to a name and the right to protection of reputation. The exclusive rights to use such a performance belong to the person with whom the performer is in an employment relationship, unless otherwise provided in the contract between him and the performer.
8. The exclusive rights of the performer, provided for by part two of this article, may be transferred to other persons by agreement.
Article 31. Rights of the producer of a phonogram
1. The producer of a phonogram with respect to his phonogram shall have exclusive rights to use the phonogram in any form, including the right to receive remuneration for each type of use of the phonogram. 2. Exclusive rights to use a phonogram mean the right to authorize or prohibit:
1) reproduction of a phonogram;
2) alteration or other processing of the phonogram;
3) distribution of the original or copies of the phonogram through the sale or other transfer of ownership;
4) import of copies of a phonogram for distribution, including copies made with the permission of the manufacturer of this phonogram;
5) leasing the original or copies of the phonogram even after their distribution with the consent of the phonogram producer and regardless of the ownership of the original and copies.
Article 32. Rights of the producer of the videogram
1. The producer of the videogram has exclusive rights to use the videogram in any form, including the right to receive remuneration for any use of the videogram.
2. The exclusive right to use a videogram means the right to authorize or prohibit:
1) reproduction of a videogram;
2) distribution of copies of the videogram in any way: sale, rental and others;
3) import of copies of the videogram for distribution, including copies made with the permission of the manufacturer of this videogram;
4) alteration or processing of the videogram in any way.
Article 33. Rights of broadcasting organizations
1. Broadcasting organizations have exclusive rights to use the program in any form, including the right to receive remuneration for any use of the program.
2. The exclusive right to use a program means the right of an on-air (cable) broadcasting organization to authorize or prohibit:
1) recording of the program;
2) reproduction of the recording of the program, except for the case when the recording of the program was made with the consent of the broadcasting organization and the reproduction of the program is carried out for the same purposes for which it was recorded;
3) simultaneous broadcasting (cablecasting) of another broadcasting (cablecasting) organization;
4) to report the transmission by cable broadcasting (over the air);
5) publicly announce the program in places with a paid entrance.
Article 34. Remuneration for the use of phonograms and videograms published for commercial purposes
1. It is allowed without the consent of the producer of the phonogram and videogram published for commercial purposes, and the performer whose performance is recorded on such phonogram and videogram, but with payment of remuneration to him:
1) public performance of a phonogram or videogram;
2) broadcasting a phonogram or videogram; 3) communication of a phonogram or videogram to the general public via cable broadcasting.
2. The collection, distribution and payment of remuneration provided for in the first part of this article shall be carried out by one of the organizations that manage the rights of producers of phonograms or videograms and performers on a collective basis, in accordance with an agreement between these organizations. Unless otherwise provided by this agreement, the said remuneration shall be distributed equally between the producer of the phonogram or videogram and the performer.
3. The amount of remuneration, the conditions for its payment are determined by the agreement of the user of the phonogram (videogram) or associations (associations) of such users, on the one hand, and organizations that manage the rights of producers of phonograms (videograms) and performers, on the other hand, and if the parties do not reach such an agreement - by the authorized state body for intellectual property. The amount of remuneration for the use of a phonogram or videogram is established for each of its types.
Article 35. Restrictions on the rights of performers, producers of phonograms and videograms, broadcasting organizations
1. Restrictions on the rights provided for in Articles 30-33 of this Law are established by Articles 34-36 of this Law, provided that such restrictions do not cause unjustified damage to the normal use of the performance, phonogram and videogram, broadcast of the broadcasting organization and their recordings, as well as those included in them of works of literature, science and art, and do not unreasonably prejudice the legitimate interests of the performer, the producer of the phonogram and videogram, the broadcasting organization and the authors of the said works.
2. It is allowed without the consent of the performer, producer of the phonogram and videogram, broadcasting organization and without payment of remuneration to use the performance, phonogram and videogram, transmission of broadcasting organizations and their recordings in the following cases:
1) citation in the form of short excerpts from the performance, phonogram and videogram, broadcast of the broadcasting organization, provided that such citation is carried out for scientific, research, polemical, critical and informational purposes in the amount determined by the goal;
2) teaching or scientific research as illustrations in the form of short excerpts in the volume determined by the goal;
3) inclusion of short excerpts from performances, phonograms and videograms, programs of the broadcasting organization in the overview of current events;
4) in other cases established by the provisions of Section P of this Law in relation to limiting the property rights of the author of works of literature, science and art.
3. It is allowed without the consent of the performer, the producer of the phonogram and videogram, the broadcasting organization, the use by individuals of performances, programs of broadcasting organizations and their recordings, as well as the reproduction of the phonogram and videogram for personal purposes. These actions are carried out subject to the payment of remuneration in the manner prescribed by part three of Article 18 of this Law.
Article 36. Short-term recordings of performances or broadcasts by broadcasting organizations
The organization of on-air broadcasting without the consent of the performer, the producer of the phonogram (videogram) and the broadcasting organization has the right to make short-term recordings of a performance or broadcast and reproduce such recordings under the following conditions:
1) prior receipt by the broadcasting organization of permission to broadcast a performance or program in respect of which a short-term recording or reproduction of such recording is carried out;
2) the production of a short-term recording and its reproduction by the broadcasting organization using its own equipment and for its own transmission;
3) destruction of such a recording on the conditions provided for by the second paragraph of Article 22 of this Law in relation to the recording of short-term use of works of literature, science and art.
Article 37. Period of validity of related rights
1. The rights provided for by this Law in relation to the performer shall be valid for 50 years from the date of the first performance or production. The rights of the performer to the name and protection of the performance or production from any distortion or any other encroachment established by Article 30 of this Law are protected indefinitely.
2. The rights provided for by this Law in relation to the phonogram (videogram) producer shall be valid for 50 years after the first publication of the phonogram (videogram) or for 50 years after its first recording, if the phonogram (videogram) has not been published within this period.
3. The rights provided for by this Law in relation to the broadcast of a broadcasting organization shall be valid for 50 years after its first broadcast.
4. The rights provided for in this section in relation to a broadcast by a cablecasting organization shall remain in effect for 50 years after the first broadcast by cable.
5. The calculation of the time limits provided for in parts one through four of this article begins from January 1 of the year following the year in which the legal fact took place, which is the basis for the beginning of the course of the term.
6. The right to authorize the use of a performance, production, phonogram and videogram, broadcast or cable transmission and to receive remuneration within the remainder of the terms specified in parts one to four of this article shall pass to the heirs (in relation to legal entities - to the legal successors) performer, phonogram and videogram producer, broadcasting or cable broadcasting organization. The rights of the performer to the name and to protect the performer's reputation are not inherited. Their protection after the death of the performer is carried out in the manner prescribed by Article 26 of this Law for the protection of the personal rights of the author.
SECTION IV. COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS
Article 38. Creation of organizations to manage property rights on a collective basis
1. Authors of works of science, literature and art, performers, producers of phonograms and videograms or other owners of copyright and related rights have the right to create organizations that manage their property rights on a collective basis within the powers received from them.
2. Organizations managing property rights on a collective basis shall not have the right to engage in commercial activities, as well as to use works and objects of related rights obtained for management on a collective basis.
3. It is allowed to create separate organizations for different rights and different categories of rights holders, or organizations managing different rights in the interests of one category of rights holders, or organizations managing one type of rights in the interests of different categories of rights holders.
4. The powers to collectively manage property rights are transferred directly by the owners of copyright and related rights voluntarily on the basis of written agreements, as well as under relevant agreements with foreign organizations managing similar rights. These contracts are not copyright and are not subject to the provisions of Articles 27 and 28 of this Law.
5. Organizations managing property rights are created directly by the owners of copyright and related rights in the form of public associations that acquire the rights of a legal entity from the date of their registration in the manner prescribed by the legislation of Turkmenistan for the registration of public associations. Such organizations act within the powers received from the owners of copyright and related rights on the basis of the charter, approved in accordance with the established procedure.
The charters of organizations that collectively administer property rights must contain provisions that meet the requirements of this chapter. Refusal to register an organization managing the property rights of authors on a collective basis is allowed in cases of non-compliance with the requirements of this chapter, as well as the legislation of Turkmenistan on the registration of public associations.
6. The management of the said organization is carried out by the owners of copyright and related rights, the property rights of which it manages. Decision-making regarding the amount of remuneration and the conditions for concluding a license agreement with users, the method of distribution and payment of the collected remuneration and other issues of the activities of such an organization is carried out exclusively by the owners of copyright and related rights collectively, at a general meeting.
Article 39. Activities of organizations managing property rights on a collective basis
1. Any author, his heir or other owner of copyright and related rights has the right to transfer the exercise of his property rights to an organization that manages property rights on a collective basis, and the organization is obliged to assume the exercise of these rights on a collective basis, if the management of such a category of rights belongs to the statutory activities of this organization.
Foreign authors or other holders of copyright and related rights, who are not individuals and legal entities, whose rights are protected in the territory of Turkmenistan in accordance with paragraphs 1 - 5 of Article 3 of this Law, enjoy the national regime in the management of property rights in the territory of Turkmenistan.
2. On the basis of the powers received from the owners of copyright and related rights, the organization managing property rights on a collective basis concludes licensing agreements with users for the appropriate ways of using works and objects of related rights. The terms of such licensing agreements must be the same for all users of the same category. These organizations have no right to refuse the user without sufficient grounds to conclude license agreements.
Licenses obtained under license agreements permit the use of all works and objects of related rights in the manner provided for therein and are granted on behalf of all owners of copyright and related rights, including those who have not delegated powers to the organization in the manner prescribed by part one of this article.
3. All possible property claims of the owners of copyright and related rights to users related to the use of their works and objects of related rights under licensing agreements must be settled by an organization managing property rights on a collective basis, concluding licensing agreements.
4. Organizations managing property rights on a collective basis have the right to require users of works and objects of related rights to provide them with documents containing accurate information on the use of works and objects of related rights necessary for collecting and distributing remuneration.
5. An organization that manages property rights on a collective basis has the right to retain unclaimed remuneration after three years from the date of its receipt to the organization's account, including it in the distributed amounts or converting it for other purposes in the interests of the owners of copyright and related rights it represents.
Article 40. Functions of organizations that administer property rights on a collective basis
An organization that administers property rights on a collective basis shall perform the following functions on behalf of the holders of copyright and related rights it represents and on the basis of the powers received from them:
1) conclude licensing agreements with users for the use of rights managed by such an organization;
2) agree with users the amount of remuneration and other conditions on which license agreements are concluded;
3) agree with users the amount of remuneration in the cases provided for by this Law, when the organization collects such remuneration without concluding a license agreement (part five of Article 13, part three of Article 18, part two of Article 34);
4) collect the remuneration and (or) the remuneration provided for by paragraph 3 of this article provided for by the license agreement;
5) distribute and pay the remuneration collected in accordance with paragraph 4 of this Article to the holders of copyright and related rights it represents;
6) perform any legal actions necessary to protect the rights managed by such an organization;
7) carry out other activities in accordance with the powers received from the owners of copyright and related rights.
Article 41. Obligations of organizations that administer property rights on a collective basis
1. The activities of an organization that administers property rights on a collective basis shall be carried out in the interests of the owners of copyright and related rights represented by such an organization. To this end, the organization must fulfill the following responsibilities:
1) simultaneously with the payment of remuneration, submit to the owners of copyright and related rights reports containing information on the use of their rights;
2) use the remuneration collected in accordance with the provisions of paragraph 4 of Article 40 of this Law for distribution and payment to the owners of copyright and related rights. In this case, the organization has the right to deduct from the collected remuneration the amounts to cover its actual expenses for the collection, distribution and payment of such remuneration, as well as the amounts that are sent to special funds created by this organization with the consent and in the interests of the owners of copyright and related rights it represents;
3) distribute and regularly pay the collected amounts of remuneration, minus the amounts specified in paragraph 2 of this part of this article, in proportion to the actual use of the works and objects of related rights.
2. Owners of copyright and related rights who have not given the organization the authority to collect remuneration in accordance with part two of Article 39 of this Law have the right to demand from the organization to pay the remuneration due to them in accordance with the distribution made, as well as exclude their works and objects of related rights from licenses, provided to users by this organization.
3. Foreign organizations collectively administering property rights may request information on the distributed remuneration due to foreign authors or other copyright holders represented by the said foreign organization in accordance with the mutual representation agreement.
Article 42. Control over the activities of organizations that administer property rights on a collective basis
1. An organization managing property rights on a collective basis is obliged to provide the authorized state body for intellectual property with the following information:
1) on changes made to the charter and other constituent documents of the organization;
2) on agreements concluded by the organization with foreign organizations administering similar rights;
3) on decisions of the general meeting;
4) on the annual financial report, including information on unclaimed remuneration, and an audit of the organization's activities;
5) data on the persons authorized to represent the organization.
2. The authorized state body for intellectual property, if necessary, has the right to request from the organization managing property rights on a collective basis additional information necessary to verify the compliance of the organization's activities with the legislation on public associations or other legislation of Turkmenistan, as well as the charter of such an organization.
3. In cases of non-compliance by the organization managing property rights on a collective basis, the requirements of this chapter, the authorized state body for intellectual property shall have the right to require the organization to eliminate the violation within a reasonable period of time. If the violation is not eliminated, the said body has the right to raise the issue of liquidation of this organization in accordance with the established procedure.
SECTION V. PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Article 43. Infringement of copyright and related rights. Counterfeit copies
1. Copies of a work and objects of related rights that are produced or distributed in violation of copyright and related rights are counterfeit.
2. Copies of works and objects of related rights protected in Turkmenistan in accordance with this Law, imported without the consent of the owners of copyright and related rights into Turkmenistan from the state in which these works and objects of related rights have ceased to be protected or have never been protected are also counterfeit.
3. Violation of copyright and related rights provided for by this Law entails civil, criminal and administrative liability in accordance with the legislation of Turkmenistan.
Article 44. Ways to protect copyright and related rights
1. Owners of copyright and related rights have the right to demand from the infringer, in particular:
1) recognition of these rights;
2) restoration of the situation that existed before the violation of rights;
3) termination of actions that violate the rights or create a threat of their violation;
4) compensation for losses, including lost profits;
5) recovery of income received by the violator as a result of violation of copyright and related rights, instead of compensation for losses;
6) payment of compensation in the amount determined by the court instead of compensation for losses and recovery of profits;
7) adoption of other measures stipulated by the legislation of Turkmenistan related to the protection of copyright and related rights. The measures specified in clauses 4, 5, 6 of this part of this article shall be applied at the option of the owner of copyright and related rights.
2. For the protection of their rights, holders of copyright and related rights, as well as organizations representing them, managing property rights on a collective basis, have the right to apply in the prescribed manner to a court or other bodies in accordance with their competence.
3. The court, in accordance with the legislation of Turkmenistan, may make a decision on the confiscation of counterfeit copies, as well as materials and equipment used for their production and reproduction.
4. Confiscated counterfeit copies are subject to destruction or may be transferred to the owner of copyright and related rights at his request. Counterfeit copies of a work, phonogram or videogram acquired in good faith by third parties are not subject to confiscation.
Article 45. Technical means of protection of copyright and related rights
1. Technical means of protecting copyright and related rights are any technologies, technical devices or their components that control access to a work, prevent or restrict the implementation of actions that are not permitted by the author or other rightholder in relation to the work.
2. With respect to works, it is not allowed:
1) the implementation, without the permission of the author or other rightholder, of actions aimed at eliminating the restrictions on the use of the work established by the use of technical means of protecting copyright;
2) production, distribution, rental, provision for temporary free use, import, advertising of any technology, any technical device or their components, the use of such technical means for profit or the provision of appropriate services, if as a result of such actions it becomes impossible to use technical means of protecting copyright and related rights, or these technical means will not be able to ensure adequate protection of these rights;
3) in case of violation of the provisions provided for in paragraph 2 of part two of this article, the author or other rightholder has the right to demand, at his choice, from the violator compensation for damages or payment of compensation in accordance with Article 44 of this Law.
SECTION VI. FINAL PROVISIONS
Article 46. Entry into force of this Law
1. This Law comes into force from the moment of its official publication.
2. Until the current regulatory legal acts of Turkmenistan are brought into line with this Law, they shall be applied insofar as they do not contradict this Law.
President of Turkmenistan
Gurbanguly BERDYMUHAMEDOV
(Kindly ask you to note that provided above translation is not an official translation of the document into English).
